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Recommendations on cooperative measures
The Canadian Energy Regulator may recommend measures to the Minister that it deems necessary or appropriate to facilitate cooperation with governmental and other agencies in Canada and internationally on energy matters, energy sources, and the safety and security of regulated and abandoned facilities.
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.
Construction or operation — navigable water
Under Canadian Energy Regulator Act section 218, any person must obtain a certificate or order from the Canadian Energy Regulator before constructing or operating a pipeline that crosses navigable waters in any manner (in, on, over, under, through, or across).
Regulations
Section 221 of the Canadian Energy Regulator Act authorizes the Governor in Council to establish regulations for pipeline sections crossing navigable waters, covering design, construction, operation, safety, security, deviations, relocation, and abandonment. Violations are prosecutable as summary conviction offences.
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.
Suspension
The Canadian Energy Regulator Commission may suspend application of any tariff or portion thereof before or after it becomes effective, providing regulatory authority over energy infrastructure service charges.
Further information
The Canadian Energy Regulator Commission may request additional information from applicants within a reasonable timeframe after notice publication to support its decision-making process for recommendations.
Delay of issuance
The Canadian Energy Regulator may recommend to the Minister that an electricity export application be designated by Governor in Council order and may delay permit issuance during this process. The Commission must avoid duplicating provincial measures, consider effects on other provinces, verify the applicant offered domestic buyers fair access to available electricity at comparable terms, and account for regulatory factors.
Definitions
This section establishes key definitions under the Canadian Energy Regulator Act for regulatory jurisdiction and scope. 'Designated area' includes Canadian provinces, Sable Island, and federal submarine territories where Canada controls resource rights. 'Designated oil or gas' refers to specific oil or gas products subject to regulatory orders. 'Movement' covers domestic transportation of oil or gas but excludes exports.
Where licence required
Under the Canadian Energy Regulator Act, the Governor in Council may designate electricity export applications and revoke permits within 45 days of issuance. When such an order is made, permits cannot be issued and the application must be processed as a licence application instead.
Issuance
The Canadian Energy Regulator Commission may issue electricity export licences subject to Governor in Council approval. Before issuing, the Commission must consider interprovincial effects, confirm applicants have informed domestic buyers of available quantities and service classes, and given domestic buyers equal opportunity to purchase on comparable terms. Any existing permits are revoked if the export licence is denied.
Definition of document of authorization
Section 9 of the Canadian Energy Regulator Act defines 'document of authorization' as regulatory instruments issued by the CER, including certificates, permits, authorizations, licenses, and orders that establish the legal framework for energy infrastructure regulation in Canada.
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.
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.
Methods of acquisition or lease
Canadian pipeline companies acquiring or leasing land must include contractual provisions for compensation (lump-sum or periodic payments reviewed every five years), operational damages, indemnification (excluding owner gross negligence or willful misconduct), land-use restrictions, and compensation for adverse effects on remaining lands.
Abandoned facilities
Under Canadian Energy Regulator Act section 101, persons must obtain authorization from a designated officer before contacting, altering, or removing abandoned energy facilities. The Regulator may establish regulations and the Commission may issue orders specifying circumstances in which such authorization is not required.
Offence and punishment
Section 223 of the Canadian Energy Regulator Act establishes criminal penalties for contraventions of reporting and operational requirements. Indictable offences carry fines up to CAD $1,000,000 and/or imprisonment up to five years; summary convictions carry fines up to CAD $100,000 and/or imprisonment up to one year.
Order in Council
The Governor in Council may issue orders placing supervision and control of designated oil or gas movement from specified areas under the Canadian Energy Regulator. While such an order is in force, persons moving designated oil or gas from the area must hold a licence under the relevant Division or comply with applicable regulations.
Issuance
The Canadian Energy Regulator Act s. 370 authorizes the Commission to issue licenses permitting movement of designated oil or gas out of designated areas, subject to regulatory conditions and compliance with the Act, its regulations, orders, and applicable provisions of the Energy Administration Act.
Commission
The Canadian Energy Regulator shall comprise up to seven full-time commissioners, with provision for part-time members, and must include at least one Indigenous full-time commissioner.
Lead Commissioner’s powers
Section 49 of the Canadian Energy Regulator Act preserves the Lead Commissioner's independent authority to issue corrective and preventive enforcement measures against energy sector entities, ensuring regulatory discretion is not constrained by procedural requirements elsewhere in the Act.
Section 3
This section has been repealed and contains no active regulatory content.
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.
Pooled fund
Canadian pipeline operators may satisfy financial liability requirements for commodity releases by participating in a regulated pooled fund established by authorized pipeline companies. Operators must maintain additional reserves equal to any shortfall between their liability requirements and pooled fund access. The Governor in Council may establish regulations governing minimum fund levels, contribution and withdrawal limits, and participation conditions.
Conflict of Interest Act
Canadian Energy Regulator commissioners must disclose conflicts of interest including direct involvement in hydrocarbon, electricity, or offshore energy production, trading, transmission, or import/export; holdings in energy corporation securities; incompatible employment; or employment with the Regulator itself.
Notice of proposed acquisition or lease of lands
Pipeline companies must notify all identifiable landowners of lands required for pipeline construction or operation, providing detailed descriptions of required lands, compensation valuations, route approval procedures, and dispute resolution options. Pre-notice agreements are void, and companies are liable for all damages if they subsequently abandon acquisition or lease plans.
Role of the board of directors
Section 17 of the Canadian Energy Regulator Act establishes the board of directors' governance role, requiring it to provide strategic direction and advice to the Regulator while being prohibited from influencing specific Commission decisions or recommendations. The board may establish bylaws for its operations, with quorum defined as a majority of directors including the Chairperson.
Appointment
Section 28 of the Canadian Energy Regulator Act establishes the appointment and governance framework for CER commissioners. Commissioners are appointed by the Governor in Council for terms up to six years, with a maximum total tenure of ten years. Appointees must be Canadian citizens or permanent residents and cannot be directors. The Governor in Council sets remuneration and covers reasonable travel and other expenses.
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.
Confidentiality — Indigenous knowledge
Section 58 of the Canadian Energy Regulator Act protects the confidentiality of Indigenous knowledge shared with the Regulator. Disclosure without written consent is prohibited, except when the knowledge is publicly available, necessary for procedural fairness in legal proceedings (with mandatory prior consultation), or authorized by regulation. The Regulator may impose conditions on disclosure and has immunity from liability for good-faith disclosures.
Regulations
Section 78 of the Canadian Energy Regulator Act grants the Governor in Council authority to make regulations governing the Minister's power to enter into arrangements under section 77, including rules for procedures, applicable circumstances, required contents, and modifications to statutory or regulatory provisions.
No unjust discrimination
Section 235 of the Canadian Energy Regulator Act requires energy companies to avoid unjust discrimination in tolls, services, or facilities against any person or locality, ensuring fair and equitable access to energy infrastructure.
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.
Immunity
Inspection officers appointed under the Canadian Energy Regulator Act are granted civil immunity for actions or omissions made in good faith while exercising their statutory powers and performing duties under the Act.
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.
Regulations imposing fees, etc.
Section 142 of the Canadian Energy Regulator Act authorizes the regulator to impose fees, levies, and charges on pipeline operators to recover government costs from commodity release incidents. Primary liability falls on the responsible operator; if recovery is insufficient, fees extend to other operators transporting the same or similar commodities. Regulations prescribe fee calculation methods and interest rates on unpaid amounts, which become recoverable debts to the Crown.
Confidentiality
Section 60 of the Canadian Energy Regulator Act authorizes the Commission and designated officers to issue confidentiality orders protecting information in regulatory proceedings. Confidentiality may be granted to prevent material financial loss or competitive prejudice, to protect confidential financial, commercial, scientific or technical information when the discloser's interest outweighs public interest, or when disclosure poses real and substantial risks to safety, well-being, property or the environment.
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.
Paramountcy
Federal permits and certificates issued under the Canadian Energy Regulator Act, along with applicable Acts of Parliament, take precedence over conflicting provincial laws when applied to federally regulated energy projects, establishing federal regulatory supremacy.
Revocation of certificates — contravention
The Canadian Energy Regulator may revoke a certificate if the holder violates any condition, subject to Governor in Council approval. The regulator must provide written notice of the alleged violation and grant the certificate holder an opportunity to be heard before revocation.
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.
Application of certain provisions
Section 266 of the Canadian Energy Regulator Act extends pipeline regulatory provisions to international and interprovincial power lines. Applicants and permit/certificate holders must follow intervention, certification, and permitting procedures under specified sections. Deviations crossing navigable waters require heightened scrutiny under section 211. Abandonment provisions do not apply to power lines.
Burden of proof
Under Canadian Energy Regulator Act section 236, if a company discriminates in tolls, service, or facilities against any person or locality, the burden of proof shifts to the company to demonstrate that such discrimination is not unjust.
Laws of a province
Section 252 of the Canadian Energy Regulator Act establishes provincial regulatory authority over intra-provincial electricity transmission lines, granting provinces jurisdiction over location/routing, land acquisition and expropriation procedures, environmental impact assessments, environmental protection during construction and operation, and abandonment protocols.
Powers, duties and functions of provincial regulatory agency
Provincial regulatory agencies designated under the Canadian Energy Regulator Act possess equivalent authority over international power lines within their jurisdiction as they do over interprovincial electricity transmission lines, including discretionary power to refuse approvals even if such refusal prevents line construction or operation.
Orders
The Canadian Energy Regulator Commission may issue orders governing the design, construction, operation, and abandonment of facilities crossing interprovincial and international power lines. Orders authorize facility crossings, regulate ground disturbances, govern vehicle operation, allocate construction costs, and specify activities. The Regulator may also make complementary regulations with Governor in Council approval.
Provincial regulatory agency
Canadian provinces may designate their lieutenant governor in council, a provincial minister, or another entity as the provincial regulatory agency responsible for administering energy regulation under the Canadian Energy Regulator Act.