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Definitions

Section 2 of the Canadian Energy Regulator Act establishes statutory definitions for federal energy infrastructure regulation, including abandoned facilities and pipelines, oil and gas exports and imports, ground disturbance thresholds for pipeline protection, and incorporates Indigenous governing bodies and knowledge in energy decision-making processes.

Reports and recommendations to Minister

The Canadian Energy Regulator may submit reports to the Minister recommending measures for control, supervision, conservation, use, marketing and development of energy resources, and for ensuring the safety and security of regulated and abandoned energy facilities.

Effect of election

Section 260 of the Canadian Energy Regulator Act establishes that filing an election under section 259 for international power lines prevents new permit issuance, converts pending applications to certificate applications, and revokes existing permits or certificates. Applicants or permit holders who file the election and are acquiring or leasing land become liable for all damages and reasonable costs incurred by landowners from abandonment of such acquisition or lease.

Public hearing

Section 202 of the Canadian Energy Regulator Act requires the Commission to hold a public hearing when written statements are filed regarding pipeline projects. The Commission must select a convenient hearing location with stated reasons, publish notice locally, notify statement-filers, and permit them and other interested parties to present representations. The Commission may inspect affected lands and may disregard frivolous, withdrawn, or bad-faith statements.

Relocation

The Canadian Energy Regulator may order pipeline companies to relocate pipelines when necessary for safety, environmental protection, public infrastructure projects, or to prevent interference with drainage systems. The regulator determines cost allocation among parties, ensures procedural compliance with prior consultation requirements, and may award reasonable costs to regulatory proceeding participants.

Application for correction of errors

Under Canadian Energy Regulator Act section 208, pipeline companies must apply to the Regulator for a permit to correct any omissions, misstatements, or errors in registered plans, profiles, or books of reference. Once the Regulator issues a permit and certified copies are deposited with the appropriate land registry office, the documents are deemed corrected and pipeline construction may proceed in accordance with the correction.

Protection of pipeline from mining operations

Canadian Energy Regulator Act section 338 prohibits mining and mineral prospecting within 40 metres of pipelines and connected infrastructure without authorization from a designated officer. Oil and gas wells under pipelines are exempt if drilled beyond the 40-metre buffer. Applicants must submit detailed plans and profiles; officers may impose conditions to protect safety and security.

Application for certificate

Pipeline companies applying to the Canadian Energy Regulator for a certificate must submit detailed maps showing the pipeline's general location along with required plans and specifications. Applicants must file copies with provincial attorneys general, and the Regulator must ensure public notice through newspaper publication or other appropriate media.

Order to reconsider

Section 184 of the Canadian Energy Regulator Act enables the Governor in Council to order the Commission to reconsider its report recommendations or conditions. Orders are binding and must be published in the Canada Gazette within 15 days. The Commission must submit a reconsideration report confirming, modifying, or replacing recommendations and conditions while addressing all necessary public interest factors. The reconsideration report is final unless another order is issued.

Report

The Canadian Energy Regulator must prepare a report within 450 days on pipeline certificate applications, recommending approval or denial based on public convenience and necessity. The evaluation must consider environmental and cumulative effects, safety, Indigenous interests and rights, market feasibility, economic viability, financial capacity, and alignment with Canada's climate commitments.

Approval

Pipeline companies must obtain a Canadian Energy Regulator certificate before constructing any pipeline section, comply with all certificate conditions, secure Regulator approval of construction plans and specifications, and deposit certified copies in relevant land registries.

Plan, profile and book of reference

Energy infrastructure proponents must submit a plan, profile, and book of reference to the Canadian Energy Regulator detailing all land parcels to be acquired or traversed, including parcel identification, dimensions, area, and owner/occupier information. The Regulator may require additional details as necessary.

Regulations

Canadian Energy Regulator Act section 353 empowers the Governor in Council to make regulations governing oil and gas exports, including licence quantities, validity periods (up to 40 years for natural gas, 25 years for oil), inspection requirements, price controls, and exemptions for exports to Chile and Costa Rica.

Additional material to be deposited

Pipeline companies must deposit additional materials with the Canadian Energy Regulator beyond standard filings, including plans, specifications, and drawings for pipeline components, as required by the regulator.

Voluntary reporting

The Canadian Energy Regulator may establish voluntary reporting systems for alleged non-compliance with the Canadian Energy Regulator Act, subject to Governor in Council approval. Regulations may protect reporter identity, making identity-revealing information privileged and inadmissible in legal or disciplinary proceedings. Reports from protected systems cannot be used against the reporter.

Reporting Requirements, Volume I: Non-Power Reactor Class I Facilities and Uranium Mines and Mills, Version 1.1

Effects of recommendation on navigation

The Canadian Energy Regulator must consider navigation safety impacts as a material factor when recommending pipeline approvals and making regulatory decisions for pipelines crossing navigable waters.

Regulations

Section 333 of the Canadian Energy Regulator Act grants the Regulator authority to establish regulations governing land acquisition, leasing, expropriation, and compensation for energy projects. The regulations may address compensation procedures, notice service requirements, acquisition processes, agreement terms, approval criteria, and filing of voluntary landowner agreements.

Reporting Requirements for Nuclear Power Plants, Version 3

Consent of Yukon first nation or Governor in Council

Under Canadian Energy Regulator Act section 318, energy companies must obtain consent from relevant Yukon First Nations or the Gwich'in Tribal Council before using settlement land or Tetlit Gwich'in Yukon land. If consent is denied, the Governor in Council may authorize use after a public hearing with notice to affected parties. Companies must compensate First Nations for land use or injurious effects from pipeline construction.

Annual report

The Canadian Energy Regulator's board must submit an annual report to the Minister within 120 days of each fiscal year end (March 31), detailing the Regulator's activities. The Minister must table the report in Parliament within 15 sitting days of receipt.

Annual report

The Canadian Energy Regulator must submit an annual report to the Minister within 120 days following each fiscal year ending March 31, detailing its activities under the Act. The Minister must present the report to Parliament within 15 sitting days of receipt. Additional reports may be submitted at the regulator's discretion.

Notice of decision

The Canadian Energy Regulator must promptly issue written decisions with detailed reasons to all persons who made representations at public hearings regarding pipeline plan, profile, and book of reference approvals or refusals.

General rule

Section 238 of the Canadian Energy Regulator Act requires pipeline and commodity transmission companies to disclose liability limitations in filed tariffs, obtain Commission approval, or have regulatory authorization. The Commission determines permissible liability limits and prescribes transmission conditions for hydrocarbons and other commodities.

Application

Section 251 of the Canadian Energy Regulator Act applies federal regulatory requirements for international power lines to provinces with designated provincial regulatory agencies, unless the province opts out by filing an election under section 259.

Decision by Governor in Council

Section 186 of the Canadian Energy Regulator Act grants the Governor in Council authority to issue binding orders on pipeline certificate applications following CER recommendations. The Governor may approve certificates with conditions, dismiss applications, or refer recommendations for reconsideration. Orders must include written reasons demonstrating consideration of relevant factors and be issued within 90 days (extendable). Orders are final, must be published in the Canada Gazette within 15 days, and the CER must comply within seven days.

Rules

The Canadian Energy Regulator Tribunal may establish procedural rules governing compensation claims and reconsideration applications, including filing procedures, required information, hearing conduct, evidence formats, and quorum requirements.

Application

Section 264 of the Canadian Energy Regulator Act defines CER jurisdiction over three categories of power lines: international lines with filed elections, unregulated portions of international lines in provinces without designated regulatory agencies, and interprovincial lines subject to regulatory orders.

Reporting Requirements for Waste Nuclear Substance Licensees, Class II Nuclear Facilities and Users of Prescribed Equipment, Nuclear Substances and Radiation Devices

Importer

Persons importing oil or gas into Canada must report prescribed information to the Canadian Energy Regulator for each reporting period in the prescribed form and manner, unless exempted by regulation.

Relocation

The Canadian Energy Regulator may order holders of international or interprovincial power line permits or certificates to relocate infrastructure when necessary to facilitate construction or relocation of other facilities. The regulator determines cost allocation between parties, requires mandatory consultation procedures, and may order reimbursement of reasonable costs incurred by persons making submissions.

Application

Section 271 of the Canadian Energy Regulator Act establishes CER jurisdiction over international and interprovincial power lines. The CER may issue permits and certificates for power lines crossing borders or within federal authority, including those crossing navigable waters. The CER may also authorize power line relocations to facilitate facility construction or reconstruction.

Prohibition

Section 237 of the Canadian Energy Regulator Act prohibits companies, shippers, and their agents from offering or accepting rebates, concessions, or discriminatory rates for hydrocarbon transmission below published tariffs, and from engaging in false billing, classification, or reporting to circumvent rate requirements. A due diligence defence is available, and prosecution requires prior Commission approval.

Definitions

Section 113 of the Canadian Energy Regulator Act establishes legal privilege protection for voice and video recordings of operating personnel at regulated energy facilities. Recordings are privileged and non-disclosable except when requested by the Regulator for accident inquiries, by coroners for investigations, or when courts determine public interest in justice outweighs privilege. Recordings cannot be used in disciplinary proceedings against facility operators or employees.

Order to reconsider

Section 193 of the Canadian Energy Regulator Act grants the Governor in Council authority to order the Commission to reconsider its decisions, with discretion to specify factors for consideration and completion timelines. The Commission must report any resulting changes to its recommendations back to the Governor in Council.

Approval of deviations

Pipeline companies must submit detailed plans, profiles, and reference documentation to the Canadian Energy Regulator for approval of deviations from previously approved or constructed pipelines. The Regulator may exempt submission requirements if deviations serve public purposes or benefit the pipeline, provided deviations do not exceed Commission-specified distance limits from the original centerline.

Registration of plans, etc.

Land registrars must receive, preserve, and provide public access to plans, profiles, books of reference, and documents required under the Canadian Energy Regulator Act. Registrars must endorse deposits with date/time stamps, provide certified copies at reasonable fees, and certify proper deposit and execution. Certified copies serve as legal evidence of original documents and their submission time.

Construction — utility

Pipeline companies must obtain a Canadian Energy Regulator certificate or conditional leave before constructing pipelines that cross utilities (highways, telecommunications, transmission lines, sewers, drainage systems). The Commission may grant leave with or without conditions, require documentation, and retroactively approve urgent work if advance notice was provided.

Matters to be taken into account

The Canadian Energy Regulator must consider all written submissions and public hearing representations when approving pipeline construction plans, routes, and methods. The Regulator may approve sections where no submissions have been filed.

Tariff to be filed

Energy transportation companies must file all tariffs and amendments with the Canadian Energy Regulator to ensure transparent disclosure of pricing and service terms for pipeline and energy transportation services.

Limitation

Canadian Energy Regulator Act section 241 requires pipeline companies to obtain Commission approval before abandoning any pipeline. Companies must notify affected landowners and publish notices in local media. Mandatory public hearings apply if written opposition is filed unless withdrawn or deemed frivolous. The Commission may impose conditions on abandonment approvals, and companies remain liable for abandoned pipelines.

Authorized tolls

Section 229 of the Canadian Energy Regulator Act prohibits pipeline companies from charging tolls unless authorized by filed and approved tariffs or Commission orders. When companies own the oil, gas, or commodities transported through their pipelines, they must file sales contracts and amendments with the Regulator upon request, which are treated as tariffs for regulatory purposes.

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.

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.

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.

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.

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.

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.

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.

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.