Canada

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CACERCanadian Energy Regulator Act, s. 230Primary legislationIn force

Tolls

Section 230 of the Canadian Energy Regulator Act mandates that all pipeline tolls be just and reasonable, with equal rates applied to all shippers transporting the same type of traffic over the same route under substantially similar circumstances and conditions.

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CACERCanadian Energy Regulator Act, s. 285Primary legislationIn force

Suspension of certificates

The Canadian Energy Regulator Commission may suspend energy certificates by order if the certificate holder requests suspension, consents to it, or breaches certificate conditions. Before suspending for non-compliance, the Commission must provide written notice and opportunity for the holder to respond.

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CACERCanadian Energy Regulator Act, s. 372Primary legislationIn force

Regulations — Governor in Council

Section 372 of the Canadian Energy Regulator Act authorizes the Governor in Council to establish regulations governing the export licensing, movement, and inspection of designated oil and gas from Canada. The Regulator may prescribe license application requirements, validity periods, export quantities, inspection standards for related equipment and records, and measurement units for oil and gas transportation.

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CACNSCREGDOC-2.5.5GuidanceIn force

Design of Industrial Radiography Installations

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CACERCanadian Energy Regulator Act, s. 6Primary legislationIn force

Purpose of Act

The Canadian Energy Regulator Act establishes federal regulatory authority over pipelines, power lines, offshore renewable energy facilities, and oil and gas exploration and exploitation. It mandates safe, secure, and efficient construction, operation, and abandonment while protecting people, property, and the environment, regulates energy product trade, and ensures fair, transparent, and efficient regulatory decision-making processes.

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CACNSCREGDOC-2.9.1GuidanceIn force

Environmental Principles, Assessments and Protection Measures, Version 1.2

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CACNSCREGDOC-2.13.1GuidanceIn force

Safeguards and Nuclear Material Accountancy

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CACERCanadian Energy Regulator Act, s. 11Primary legislationIn force

Mandate

The Canadian Energy Regulator's mandate encompasses making transparent decisions and orders on pipelines, power lines, and offshore renewable energy projects; overseeing their construction, operation, and abandonment; setting traffic, tolls, and tariffs; managing oil and gas interests; providing advisory services and dispute resolution; and exercising authority while respecting Indigenous peoples' rights.

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CACNSCREGDOC-1.6.2GuidanceIn force

Radiation Protection Programs for Nuclear Substances and Radiation Devices Licences

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CACERCanadian Energy Regulator Act, s. 385Primary legislationIn force

Show cause hearing relating to waste

Under the Canadian Energy Regulator Act, the Commission holds show cause hearings on applications by the Chief Conservation Officer regarding waste in oil and gas pool recovery. If waste is found, the Commission may order gas collection, processing, reinjection schemes, or pool repressurizing/recycling, and may shut in non-compliant pools unless approved schemes are operational by specified dates.

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CACERCanadian Energy Regulator Act, s. 43Primary legislationIn force

Inconsistencies

Section 43 of the Canadian Energy Regulator Act establishes regulatory hierarchy, providing that instructions issued under section 41 and measures taken under section 42(1) take precedence over rules made under section 35 in cases of conflict or inconsistency.

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CACNSCREGDOC-2.5.6GuidanceIn force

Design of Rooms Where Unsealed Nuclear Substances Are Used

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CACERCanadian Energy Regulator Act, s. 54Primary legislationIn force

Regulations

The Governor in Council may establish regulations delegating technical and administrative powers, duties, and functions of the Canadian Energy Regulator to designated officers, including specifying the circumstances and procedures for their exercise.

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CACERCanadian Energy Regulator Act, s. 64Primary legislationIn force

Enforcement of orders

Canadian Energy Regulator decisions and orders may be registered with Federal or provincial superior courts and enforced as court orders by filing a certified copy with the court registrar. If a registered decision is subsequently rescinded or varied, the court order is vacated and the modified decision may be re-registered following standard court procedures.

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CACERCanadian Energy Regulator Act, s. 27Primary legislationIn force

Quorum

Three commissioners constitute a quorum of the Canadian Energy Regulator Commission, subject to exceptions specified in sections 42(2), 45-47, and 48(2) of the Canadian Energy Regulator Act.

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CACERCanadian Energy Regulator Act, s. 22Primary legislationIn force

Conflict of Interest Act

Section 22 of the Canadian Energy Regulator Act defines conflict of interest circumstances for the CEO, prohibiting ownership, shareholding, directorship, or involvement in hydrocarbon production, electricity generation/transmission, offshore energy operations, related securities, incompatible employment, and concurrent positions at the Regulator.

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CACERCanadian Energy Regulator Act, s. 244Primary legislationIn force

Orphan abandoned pipelines

Under the Canadian Energy Regulator Act, a designated officer may designate an abandoned pipeline as an orphan abandoned pipeline when the owning company's directors, officers, or the company itself cannot be located, or when the company is unknown, insolvent, bankrupt, in receivership, or dissolved.

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CACERCanadian Energy Regulator Act, s. 79Primary legislationIn force

Inconsistencies

Section 79 of the Canadian Energy Regulator Act establishes a conflict-resolution hierarchy: arrangements under section 77 prevail over those under section 76 to the extent of any inconsistency between them.

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CACERCanadian Energy Regulator Act, s. 245Primary legislationIn force

Measures

Section 245 of the Canadian Energy Regulator Act authorizes designated officers to take necessary measures for orphan pipeline abandonment and to delegate authority to employees or third parties. The Regulator, its staff, Crown agents, and authorized third parties are granted liability protection for good-faith actions or omissions during abandonment activities.

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CACERCanadian Energy Regulator Act, s. 55Primary legislationIn force

Apportionment of work

The Chief Executive Officer of the Canadian Energy Regulator must allocate work tasks and responsibilities among designated officers for powers, duties, and functions specified in regulations made under section 54.

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CACERCanadian Energy Regulator Act, s. 57Primary legislationIn force

Advisory committee

The Canadian Energy Regulator must establish an advisory committee with mandatory representation from First Nations, Inuit, and Métis organizations to enhance Indigenous participation in regulatory decisions affecting pipelines, power lines, offshore renewable energy projects, and abandoned pipelines.

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CACERCanadian Energy Regulator Act, s. 90Primary legislationIn force

Compensation

Section 90 of the Canadian Energy Regulator Act clarifies that Directors, Commissioners, the Chief Executive Officer, and employees of the Canadian Energy Regulator are covered under the Government Employees Compensation Act and are considered employed in the federal public administration.

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CACERCanadian Energy Regulator Act, s. 224Primary legislationIn force

If pipeline affixed to any real property or immovables

Section 224 of the Canadian Energy Regulator Act establishes that pipeline sections affixed to real property, utilities, or navigable waters remain the exclusive property of the pipeline company and do not become part of underlying property without written consent and Regulator notice. Pipeline companies retain rights to create liens, mortgages, charges, and security interests on affixed sections under specified regulatory circumstances.

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CACERCanadian Energy Regulator Act, s. 169Primary legislationIn force

Determining compensation

Section 169 of the Canadian Energy Regulator Act establishes the Tribunal's procedure for determining compensation when amending a decision on reconsideration. The Tribunal must decide whether to award compensation for compensable damage claimed, calculate amounts per regulations accounting for prior payments, and may award authorized costs. Written notice must specify compensation awarded, cost determinations, regulatory reductions, and previously paid amounts.

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CACERCanadian Energy Regulator Act, s. 108Primary legislationIn force

Notice of non-compliance

Section 108 of the Canadian Energy Regulator Act authorizes inspection officers to issue written notices of non-compliance when they have reasonable grounds to believe a person has violated the Act or its regulations. Notices must identify the recipient, describe the alleged violation with relevant facts and applicable provisions, and provide a defined period for the recipient to submit comments in response.

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CACERCanadian Energy Regulator Act, s. 265Primary legislationIn force

Prohibition

A person must obtain Canadian Energy Regulator approval of plans, profiles, and books of reference for any international or interprovincial power line section before construction begins, and must deposit certified copies in the relevant land registry offices.

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CACERCanadian Energy Regulator Act, s. 110Primary legislationIn force

Effect of appeal

An appeal of a Canadian Energy Regulator order does not automatically suspend enforcement, but the Commission may exercise discretion to grant a stay of the order pending the appeal's outcome.

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CACERCanadian Energy Regulator Act, s. 268Primary legislationIn force

Effects on navigation

The Canadian Energy Regulator must consider effects on navigation safety, including navigation safety itself, when deciding whether to issue certificates, permits, approvals, orders, directions, or exemptions for international or interprovincial power lines that cross navigable waters.

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CACERCanadian Energy Regulator Act, s. 59Primary legislationIn force

Regulations

The Governor in Council may establish regulations defining circumstances under which Indigenous knowledge shared confidentially with the Canadian Energy Regulator may be disclosed without written consent, balancing regulatory transparency with Indigenous rights protection.

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CACERCanadian Energy Regulator Act, s. 272Primary legislationIn force

Construction — facility

Under Canadian Energy Regulator Act section 272, persons constructing international or interprovincial power lines crossing facilities must obtain a CER permit or certificate with facility-related conditions, secure Commission leave, or meet regulatory circumstances. The Commission may impose conditions and grant retroactive leave if work was urgent and prior notice was given.

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CACERCanadian Energy Regulator Act, s. 287Primary legislationIn force

Revocation of certificates — contravention

The Canadian Energy Regulator may revoke certificates issued under the Act if the holder breaches any condition, provided written notice of the alleged breach is issued and the holder is given an opportunity to respond before revocation.

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CACERCanadian Energy Regulator Act, s. 117Primary legislationIn force

Commission of violation

Under Canadian Energy Regulator Act section 117, any person who contravenes or fails to comply with designated provisions, orders, decisions, or conditions commits a violation subject to penalties determined by regulation. Penalties are designed to promote compliance rather than punish.

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CACERCanadian Energy Regulator Act, s. 91Primary legislationIn force

Public Service Superannuation Act

Section 91 of the Canadian Energy Regulator Act defines superannuation eligibility under the Public Service Superannuation Act, extending coverage to full-time commissioners, the CEO, and Regulator employees while explicitly excluding part-time commissioners and directors.

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CACERCanadian Energy Regulator Act, s. 296Primary legislationIn force

Definitions

Section 296 of the Canadian Energy Regulator Act establishes definitions for Part 2, defining 'authorization' as permission issued under section 298 and 'debris' as facilities, equipment, or systems placed during authorized work that were abandoned without authorization or displaced during operations. Provincial references in Part 2 apply to onshore areas of the Northwest Territories as defined in the Northwest Territories Act.

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CACERCanadian Energy Regulator Act, s. 312Primary legislationIn force

Regulations

The Governor in Council may establish regulations governing offshore renewable energy projects and power lines, addressing safety, security, and environmental protection. Regulations may prohibit introduction of specified substances or forms of energy, establish record management and disclosure requirements, and provide arbitration procedures for disputes.

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CACERCanadian Energy Regulator Act, s. 313Primary legislationIn force

Powers of company

Section 313 of the Canadian Energy Regulator Act grants pipeline companies authority to survey land, acquire property, construct pipelines across public and private holdings, interconnect with other infrastructure, erect supporting structures, and transport hydrocarbons and other commodities, subject to regulatory approval and applicable legislation.

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CACERCanadian Energy Regulator Act, s. 95Primary legislationIn force

Orders

The Canadian Energy Regulator may issue orders requiring facility holders to repair, reconstruct, or alter regulated facilities to ensure safety, security, and environmental protection. Orders can be directed at Indigenous bodies, governments, third parties, and others. Non-compliance authorizes the Regulator to take direct action or engage third parties, with liability protection for good-faith interventions.

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CACERCanadian Energy Regulator Act, s. 96Primary legislationIn force

Regulations

Section 96 of the Canadian Energy Regulator Act authorizes the Regulator to establish regulations governing the design, construction, operation, and abandonment of interprovincial and international pipelines and designated power lines. Regulations must address surveillance, monitoring, safety, security, and environmental protection, and require operators to maintain management systems that incorporate human and organizational factors.

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CACERCanadian Energy Regulator Act, s. 112Primary legislationIn force

Offence and punishment — duty to assist and orders

Section 112 of the Canadian Energy Regulator Act establishes criminal penalties for non-compliance with CER duties and orders. Violations of section 103(4) or failure to comply with section 109 orders result in fines up to $1,000,000 and/or five years imprisonment on indictment, or up to $100,000 and/or one year on summary conviction. Contraventions of sections 106 and 107 carry summary conviction fines of up to $100,000 for first offences and up to $300,000 for subsequent offences.

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CACERCanadian Energy Regulator Act, s. 128Primary legislationIn force

Object of review

Section 128 of the Canadian Energy Regulator Act establishes the administrative review process for regulatory penalties. The Commission or reviewing officer determines whether penalties were correctly calculated per regulations and whether violations occurred, issuing written determinations with reasons. Miscalculated penalties must be corrected. Determinations are final and binding, subject only to judicial review by the Federal Court.

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CACERCanadian Energy Regulator Act, s. 147Primary legislationIn force

Tenure

Section 147 of the Canadian Energy Regulator Act defines tenure provisions for Tribunal members, establishing that they hold office during good behaviour and may be removed by the Governor in Council for cause or if the Tribunal has no ongoing work.

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CACERCanadian Energy Regulator Act, s. 373Primary legislationRepealed

Definitions

Section 373 of the Canadian Energy Regulator Act defines key terms for the division governing energy exports, including references to free trade agreements (CCFTA, CCRFTA, CUSMA) and defines 'energy goods' as commodities requiring a licence, permit, or regulatory order for exportation under this Part.

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CACERCanadian Energy Regulator Act, s. 170Primary legislationIn force

Grounds

Tribunal decisions under the Canadian Energy Regulator Act are final and binding, subject only to judicial review under the Federal Courts Act on limited grounds including lack of jurisdiction, procedural fairness, and patent unreasonableness.

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CACERCanadian Energy Regulator Act, s. 153Primary legislationIn force

Staff and facilities

The Canadian Energy Regulator must provide tribunals with professional, technical, secretarial, clerical, and other necessary assistance, along with facilities and supplies required for tribunals to exercise their regulatory powers and perform their duties.

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CACERCanadian Energy Regulator Act, s. 388Primary legislationIn force

Statutory Instruments Act

Orders issued by the Canadian Energy Regulator Commission under this Part are explicitly excluded from the definition of statutory instruments under the Statutory Instruments Act, clarifying the regulatory status of CER orders.

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CACNSCREGDOC-1.5.1GuidanceIn force

Application Guide: Certification of Radiation Devices or Class II Prescribed Equipment, Version 1.1

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CACERCanadian Energy Regulator Act, s. 158Primary legislationIn force

Written submissions

Under Canadian Energy Regulator Act section 158, a Tribunal may examine and adjudicate compensation claims or reconsideration applications based solely on written submissions, without requiring oral hearings.

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CACERCanadian Energy Regulator Act, s. 4Primary legislationIn force

Application — Special Act lands

Under the Canadian Energy Regulator Act, any provision or regulation that applies to ordinary lands automatically extends to Special Act lands, ensuring uniform regulatory oversight and compliance requirements across all land categories within the regulator's jurisdiction.

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CACERCanadian Energy Regulator Act, s. 334Primary legislationIn force

Orders of Commission

The Canadian Energy Regulator may issue orders determining compensation for pipeline and abandoned pipeline projects, including land acquisition, leasing, use restrictions, and damages from company activities during planning, construction, operation, or abandonment phases, with compensation assessments guided by statutory factors.

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CACNSCREGDOC-3.5.2GuidanceIn force

Compliance and Enforcement: Administrative Monetary Penalties, Version 2

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