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Appeal to Commission

Section 71 of the Canadian Energy Regulator Act establishes the right to appeal decisions or orders made by designated or inspection officers to the Commission, which may dismiss, allow, vary, or rescind the decision or order.

For greater certainty

Issuance of a Canadian Energy Regulator certificate or approval of plans, profiles, and books of reference does not exempt regulated companies from compliance with other provisions of the Canadian Energy Regulator Act.

Impact Assessment Act

The Canadian Energy Regulator must rule on exemption applications for federally-designated projects within seven days of the impact assessment decision statement being published. Standard procedural timelines are suspended during this expedited review period.

Measures to meet time limit

Section 42 of the Canadian Energy Regulator Act grants the Lead Commissioner authority to take administrative measures to ensure prescribed time limits for energy applications are met, including removing or reassigning commissioners, adjusting panel composition, or designating a single commissioner to handle the application.

Order designating Minister

Administrative provision enabling the Governor in Council to designate a federal minister responsible for administering the Canadian Energy Regulator Act.

Regulations — Governor in Council

The Governor in Council and Canadian Energy Regulator are authorized to establish regulations governing electricity export permits and licences, including permit conditions, factors for permit designation and licence issuance decisions, inspection protocols for equipment and records, application information requirements, and measurement standards for electricity exportation.

Variation or transfer

The Canadian Energy Regulator Commission may vary or transfer energy authorizations either on its own motion or upon application, and may impose new, modified, or additional conditions as part of such variations or transfers.

Issuance

The Canadian Energy Regulator may issue authorizations for offshore renewable energy projects and associated power lines. Applications must include prescribed information about proposed works, facilities, and equipment. The regulator must decide within 300 days, considering environmental effects, safety, health, social and economic impacts, Indigenous interests and rights, climate change alignment, and relevant impact assessments before imposing conditions.

Prohibition

Operators of international or interprovincial power lines must obtain Canadian Energy Regulator Commission approval before abandoning operations. The Commission may grant abandonment authorization by order upon application by the permit or certificate holder.

Purpose

Section 136 of the Canadian Energy Regulator Act establishes that sections 137–142 reinforce the polluter-pays principle by imposing financial requirements on companies authorized to construct or operate pipelines in Canada.

Determining compensation

Under Canadian Energy Regulator Act section 163, a Tribunal determines whether to award compensation for claimed compensable damage, calculates amounts per regulations, and may award costs if authorized. The Tribunal must notify all parties of its decision, specifying compensation and cost amounts, any regulatory reductions, and previously paid amounts.

Amount paid out of Fund

Section 171 of the Canadian Energy Regulator Act authorizes payments from the Consolidated Revenue Fund to cover the Regulator's operational costs, including tribunal member and staff remuneration, legal services, publishing expenses, and administrative support. The Minister of Finance establishes payment amounts in consultation with the Minister of Natural Resources.

Authorization — report

Section 46 of the Canadian Energy Regulator Act authorizes the Lead Commissioner to designate commissioners to report on Commission matters and applications. Authorized commissioners possess full investigatory and evidentiary powers for information gathering. Reports may be formally adopted as Commission decisions or handled otherwise as deemed appropriate.

Regulations — compensation

Section 173 of the Canadian Energy Regulator Act authorizes the Governor in Council to establish regulations governing compensation for energy infrastructure incidents. Regulations may prescribe claim deadlines, authorize interim awards and fee/expense coverage, establish damage priority classes, set compensation caps, allow payment postponement or scheduling, and provide interest provisions. Environmental non-use value damages are explicitly excluded from compensable losses.

Safety Analysis for Class IB Nuclear Facilities

Designation of inspection officers

The Canadian Energy Regulator's CEO may designate inspection officers to enforce safety, security, environmental, and property protection regulations at regulated and abandoned energy facilities. All designated officers must be provided with a certificate of authority and must produce it upon request.

Continuation of jurisdiction and obligation

Section 189 of the Canadian Energy Regulator Act clarifies that procedural delays do not strip the Regulator of jurisdiction over applications or reporting obligations, and all actions taken remain valid. The Governor in Council may also issue orders under section 186(1) even after statutory time limits have expired.

Recommendation not to vary or transfer

Under Canadian Energy Regulator Act section 192, if the Commission recommends against varying or transferring an energy certificate, the Governor in Council may issue an order directing the Commission to decline the variation or transfer or to reconsider the matter.

Orders

The Canadian Energy Regulator Commission may exempt pipelines up to 40 km long, previously constructed pipelines, and associated infrastructure (tanks, compressors, storage facilities) from specified regulatory provisions. Exemption applications must be decided within 300 days of complete submission; the Lead Commissioner may exclude certain periods with public disclosure, and the Minister may grant extensions. The Commission may impose conditions on exemptions.

Interim tolls

The Canadian Energy Regulator may direct pipeline companies to refund tolls charged above just and reasonable amounts under interim orders, or recover shortfalls through subsequent tolls, with interest determined by the regulator.

Guidance on Deep Geological Repository Site Characterization

Licence Application Guide: Class II Nuclear Facilities and Prescribed Equipment, Version 1.1

Costs of making representations

The Canadian Energy Regulator Commission may order pipeline companies to reimburse reasonable costs incurred by persons making representations at public hearings concerning pipeline routes, payable on an interim or final basis without delay.

Application of provisions in Part 6

Section 306 of the Canadian Energy Regulator Act extends Part 6 regulatory provisions to offshore power lines in provincial waters. Pipeline transportation requirements are adapted for electricity transmission, with applicants and authorization holders required to comply with specified sections. Exemptions apply for facility-sharing and shared-use arrangements where regulatory leave or authorization conditions are obtained.

Governor in Council directions

Section 13 of the Canadian Energy Regulator Act empowers the Governor in Council to issue binding policy directions to the Canadian Energy Regulator on broad matters within its regulatory mandate. All such directions must be published in the Canada Gazette and tabled in Parliament.

Statutory Instruments Act

Section 92 of the Canadian Energy Regulator Act exempts orders and directions issued by the Commission, designated officers, or inspection officers from statutory instrument classification when they apply to a single person or entity, a single regulated facility, or are issued immediately for safety, security, environmental protection, or property protection purposes.

Exemption orders

The Canadian Energy Regulator Commission may issue conditional exemption orders relieving regulated facility holders from specific regulatory provisions when necessary to ensure safety and security of persons and facilities, protect property, or safeguard the environment.

Licence Application Guide: Licence to operate a Nuclear Power Plant, Version 1.3

Offence and punishment

Section 99 of the Canadian Energy Regulator Act establishes criminal penalties for violating CER orders or regulations. Penalties include fines up to CAD 1 million and/or five years imprisonment on indictment, or CAD 100,000 and/or one year on summary conviction.

Financial resources

Applicants for Canadian Energy Regulator authorizations must demonstrate sufficient financial resources to cover Commission-determined amounts through prescribed forms or Regulator-specified methods. Proof must remain valid throughout the duration of authorized work or activity.

Grounds for making order

Section 109 of the Canadian Energy Regulator Act authorizes inspection officers to issue orders directing persons to cease contraventions, implement compliance measures, or prevent hazards to safety, security, property, or the environment. Orders may suspend facility operations until remediation is complete, with mandatory written notice and reporting to the Commission.

Designation

Under Canadian Energy Regulator Act s. 141, the Governor in Council may designate pipeline operators whose companies experience unintended or uncontrolled releases of oil, gas, or commodities if they lack financial resources to cover response costs and compensation or fail to comply with regulatory orders. The Regulator may conduct response actions, authorize third parties with liability protection, and recover expenses from pooled financial arrangements or by reimbursing governments and Indigenous bodies.

Authority to enter

Section 103 of the Canadian Energy Regulator Act authorizes inspection officers to enter non-dwelling facilities without warrant to verify compliance with energy regulations. Officers may examine equipment, access computer systems, conduct tests and sampling, take photographs, remove items for analysis, and direct operational changes. Property owners must provide reasonable assistance and access to documents and information.

Court of record

The Canadian Energy Regulator is established as a court of record with superior court powers, enabling it to compel witness testimony, demand document production, enforce orders, and inspect property. All proceedings must be handled expeditiously while maintaining procedural fairness and natural justice.

Liability of directors, officers, etc.

Directors, officers, agents, and mandataries of corporations are personally liable for penalties under the Canadian Energy Regulator Act if they directed, authorized, assented to, acquiesced in, or participated in a violation of the Act, regardless of whether the corporation itself is prosecuted.

Where certificate required

Under Canadian Energy Regulator Act section 258, the Governor in Council may designate international power lines by order to require certificate-based regulation instead of permits. Any existing permit must be revoked within 45 days of permit issuance. Once designated, no new permits may be issued and all applications must be processed as certificate applications.

Certificate

The Canadian Energy Regulator Commission may issue certificates of non-payment for unpaid debts. When registered in Federal Court or any other competent court, these certificates have the same legal force and effect as court judgments for the certified amount plus registration costs.

Duty to consider — Commission

The Canadian Energy Regulator and its designated officers must consider potential adverse effects on Indigenous rights recognized under section 35 of the Canadian Constitution when making decisions, orders, or recommendations under the Canadian Energy Regulator Act.

Relief

The Canadian Energy Regulator Commission may grant applications wholly or partially and may impose additional or alternative relief beyond what was requested. This discretionary authority does not apply to certificate applications under Part 3 of the Act.

Orders of court

Court order provision under the Canadian Energy Regulator Act enabling judges to impose remedies on persons convicted of offences involving actual or potential unintended releases of oil, gas, or commodities from pipelines. Available remedies include operational prohibitions, environmental monitoring and audits, restoration, community service, publication of facts, notification requirements, financial penalties, compliance bonds, and educational donations, with orders valid for up to three years.

Compliance

Certificate holders under the Canadian Energy Regulator Act must comply with all statutory provisions, regulations, and orders issued by the regulator. Non-compliance constitutes a violation of certificate terms.

Application for judicial review

Section 188 of the Canadian Energy Regulator Act establishes the judicial review process for CER orders through the Federal Court of Appeal. Applications for leave must be filed within 15 days of order publication in the Canada Gazette, with possible extensions for special reasons, and courts must dispose of applications summarily.

Recommendation to vary or transfer

Under the Canadian Energy Regulator Act section 191, the Governor in Council may issue orders directing the Commission to vary or transfer energy certificates as recommended, decline the variation or transfer, or direct reconsideration of the matter.

Leave required

Pipeline companies must obtain a leave order from the Canadian Energy Regulator Commission before opening a pipeline or section for transmission of hydrocarbons or other commodities. Leave is granted only when the Commission is satisfied the pipeline can safely operate.

Power lines not works

International and interprovincial power lines subject to Canadian Energy Regulator orders are excluded from the definition of 'work' under the Canadian Navigable Waters Act, removing them from that Act's regulatory jurisdiction.

Probabilistic Safety Assessment (PSA) for Reactor Facilities, Version 2

Disallowance

The Canadian Energy Regulator Commission may disallow tariffs or portions thereof that violate the Canadian Energy Regulator Act or Commission orders, and may require companies to file compliant replacement tariffs within a prescribed timeframe or prescribe alternative tariffs directly.

Recommendation not to vary or transfer

Under Canadian Energy Regulator Act section 282, the Governor in Council may issue an order directing the Commission to refuse variation or transfer of a pipeline certificate or to reconsider the matter when the Commission recommends against such action.

Protection of mines

Pipeline companies must obtain authorization from a designated officer before locating, constructing, or operating pipelines in ways that obstruct, interfere with, or adversely affect active mining operations or lawful mine development preparations.

Duty — company

Canadian pipeline operators must promptly receive, transport, and deliver all offered oil with due care. The Canadian Energy Regulator may extend similar obligations to gas and commodity pipelines by order, and may require operators to provide adequate facilities for receipt, transmission, storage, and interconnection where no undue burden results.