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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.
Authorization — powers, duties and functions
The Lead Commissioner of the Canadian Energy Regulator may delegate regulatory powers, duties, and functions to commissioners, either jointly or individually, except for procedural, appellate, investigative, enforcement, and review matters under specified sections. Actions taken under delegation are deemed performed by the Commission itself.
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.
Role of Lead Commissioner
Section 38 of the Canadian Energy Regulator Act defines the Lead Commissioner's administrative responsibilities, including managing Commission operations, distributing work among commissioners, and forming panels of at least three commissioners to exercise regulatory powers and perform duties.
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.
Operators' Licenses
10 CFR Part 55 establishes NRC procedures and criteria for issuing, maintaining, and renewing operator and senior operator licenses for nuclear utilization facilities. It defines license requirements, scope of applicability to individuals manipulating reactor controls or directing licensed activities, and sets forth key definitions including operators, senior operators, simulation facilities, and performance testing standards.
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.
Standard Contract for Disposal of Spent Nuclear Fuel and/or High-Level Radioactive Waste
10 CFR Part 961 establishes standard contract terms for the Department of Energy to accept title to, transport, and dispose of spent nuclear fuel and high-level radioactive waste from civilian nuclear power reactor owners and generators. Owners and generators pay fees to recover DOE's full disposal costs, with receipts deposited in the Nuclear Waste Fund. Contracts must be executed by June 30, 1983, or by the date the owner/generator commences generation or takes title to such waste, whichever is later.
Intergovernmental Review of Department of Energy Programs and Activities
This regulation implements Executive Order 12372 to establish an intergovernmental review process for Department of Energy federal financial assistance and direct federal development programs. It requires DOE to consult with state and local governments, accommodate their concerns, and coordinate reviews across jurisdictions, while fostering federalism through reliance on state review processes.
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.
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 notice
The Canadian Energy Regulator must immediately notify the public when a compensation tribunal is established, including publication in the Canada Gazette detailing the tribunal's purpose and procedures for filing compensation claims.
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.
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.
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.
Regulations
The Canadian Energy Regulator may establish regulations designating contraventions of the CER Act, permits, orders, and conditions as enforceable violations subject to administrative penalties up to $25,000 for individuals and $100,000 for other persons. Regulations will specify penalty determination methods and service procedures.
Replacement of commissioner during hearing
Procedural rule under the Canadian Energy Regulator Act allowing the Lead Commissioner to designate a replacement commissioner to continue hearings or render decisions if the assigned commissioner becomes unable to act or resigns during proceedings or between hearing conclusion and decision issuance.
Proof of financial responsibility
Under Canadian Energy Regulator Act section 304, applicants for CER authorization must provide proof of financial responsibility (letter of credit, guarantee, indemnity bond, or other acceptable form). This proof must remain in force throughout the authorized activity. The Regulator may draw on these funds for eligible claims, with amounts recovered offset against subsequent legal liability awards.
Short title
This is the short title clause of the Canadian Energy Regulator Act, establishing the official name of Canada's primary federal legislation for regulatory oversight and approval of energy projects.
Statement of Organization and General Information
This regulation establishes the Nuclear Regulatory Commission's organizational structure, authority, and operations following its creation under the Energy Reorganization Act of 1974. It defines the Commission's composition, designates principal and regional offices, and describes how to access NRC organizational directives, meeting information, regulatory documents, and records under the Freedom of Information Act.
For greater certainty
Section 25 of the Canadian Energy Regulator Act clarifies that the Chief Executive Officer must provide support services and facilities necessary for the Commission to exercise its regulatory powers and perform its duties.
Application
Section 382 of the Canadian Energy Regulator Act establishes procedural requirements for Commission decisions on declarations of significant or commercial discovery under the Canada Petroleum Resources Act. The Commission must provide at least 30 days' written notice to affected persons, allow written hearing requests within 30 days, conduct hearings where requested, and publish decision reasons upon request.
Canadian Energy Regulator
Establishes the Canadian Energy Regulator as a federal Crown corporation and agent of Canada with its head office in Calgary, Alberta. The CEO may open or close additional offices after consulting the board of directors, with such administrative changes not affecting existing director or commissioner appointments.
Consent for Access to Information on Department of Energy Computers
This regulation establishes minimum requirements for individuals accessing Department of Energy computers, mandating written consent acknowledging no expectation of privacy and permitting authorized investigative agency access during employment and for three years thereafter. DOE contractors must obtain and maintain written acknowledgments from employees and subcontractor employees before granting computer access.
Regulations — excluded periods
The Canadian Energy Regulator is authorized to make regulations defining circumstances in which time periods may be excluded from deadline calculations for pipeline applications and regulatory decisions, enabling flexible processing timelines.
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.
Power and Transmission Rates
10 CFR Part 903 establishes procedures for public participation in power and transmission rate adjustments by four federal Power Marketing Administrations (Alaska, Southeastern, Southwestern, and Western Area). The regulations define rate development processes, public consultation requirements, Secretary interim approval, and FERC submission, distinguishing minor adjustments (under 1% revenue change or systems with low capacity/sales) from major adjustments requiring full public participation.
Establishment and composition
The Canadian Energy Regulator is governed by a board of 5–9 directors, including a Chairperson and Vice-Chairperson, with at least one director required to be an Indigenous person.
Protection of Human Subjects
10 CFR Part 745 establishes the Federal Policy for the Protection of Human Subjects, applying to all federally-conducted, supported, or regulated research involving human subjects. Department heads determine coverage and may grant waivers consistent with Belmont Report principles. The policy permits equivalent foreign procedures and does not supersede state, local, tribal, or foreign laws providing additional protections.
Application
Section 160 of the Canadian Energy Regulator Act establishes a compensation claims tribunal where persons, organizations, governments, and Indigenous governing bodies may file claims for damages caused by pipeline releases from designated companies within prescribed timeframes. The Tribunal Chairperson must promptly assign claims to panels and notify all relevant parties.
Reactor Site Criteria
10 CFR Part 100 establishes site approval criteria for stationary power and testing reactors to ensure public health and safety through defense-in-depth siting principles. The regulation defines exclusion areas where the licensee controls all activities, low population zones where protective measures are feasible, and population center distance requirements, ensuring radiological doses from normal operation and postulated accidents remain acceptably low while accounting for natural hazards and enabling effective emergency planning and security.
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.
Contractor Legal Management Requirements
10 CFR Part 719 establishes legal management requirements for Department of Energy contractors. Contractors must develop a Legal Management Plan documenting their use of outside counsel, selection criteria for law firms, and engagement terms. The regulation governs payment and reimbursement of legal costs, including litigation, alternative dispute resolution, and related professional services for covered DOE contracts.
Vacancy
A vacancy in the Canadian Energy Regulator Commission does not impair the authority of remaining commissioners to perform their regulatory functions and duties.
Role of Chairperson
Section 19 of the Canadian Energy Regulator Act defines the Chairperson's authority to preside over board meetings and perform assigned duties. The Vice-Chairperson may temporarily assume the role during absences but requires Governor in Council approval to act beyond 90 days.
Occupational Radiation Protection
10 CFR Part 835 establishes occupational radiation protection standards and limits for DOE activities to protect workers from ionizing radiation. The regulation defines scope, exclusions (NRC-licensed activities, naval reactors, medical uses, foreign territory operations), and requires compliance with occupational dose limits. Key concepts include accountable sealed sources, airborne radioactivity, and ALARA principles for minimizing radiation exposure.
Extraordinary Nuclear Occurrences
10 CFR Part 840 establishes administrative criteria for determining "extraordinary nuclear occurrences" under DOE contractor indemnity agreements. It sets thresholds for substantial discharge or dispersal of source, special nuclear, or byproduct material and offsite radiation levels, then requires evaluation of whether substantial damages to persons or property offsite have occurred or are probable. The criteria are distinct from health and safety regulatory limits and apply to DOE contractor activities covered by nuclear hazards indemnity provisions.
Control of Traffic at Nevada Test Site
This regulation establishes traffic control procedures for the Department of Energy's Nevada Test Site in Nye County, Nevada. It applies to all persons using site streets and authorizes the Nevada Site Office Manager to promulgate specific traffic regulations covering enforcement, traffic signs, speed limits, turning movements, stopping and yielding, pedestrian rights, parking, emergency vehicle privileges, and miscellaneous driving rules.
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.
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.
Reporting of Defects and Noncompliance
10 CFR Part 21 mandates that directors and responsible officers of nuclear licensees and vendors immediately report to the NRC any information indicating that licensed facilities, activities, or basic components fail to comply with applicable regulations or contain defects that could create substantial safety hazards, unless the Commission has already been adequately informed.
Alternative dispute resolution
The Canadian Energy Regulator must provide alternative dispute resolution processes for disputes under the Act when all parties consent. Results are non-binding but may be considered by the Commission or designated officers in their decisions and may be made public with party consent.
Review of Act after 10 years
The Canadian Energy Regulator Act mandates a comprehensive parliamentary review of the Act's provisions and operation ten years after its coming into force, to be conducted by a designated Senate, House of Commons, or joint parliamentary committee.
Binding on Her Majesty
Section 7 of the Canadian Energy Regulator Act establishes that the Act applies to and binds Her Majesty in right of Canada and the provinces, ensuring federal and provincial governments are subject to the same regulatory obligations as private entities in energy regulation matters.
Facility Security Clearance and Safeguarding of National Security Information and Restricted Data
10 CFR Part 95 establishes procedures for facility security clearance and safeguarding of classified National Security Information and Restricted Data in NRC-licensed activities. It defines requirements for access authorization, facility eligibility, classified material handling, storage, transmission protocols, and security procedures for NRC licensees, certificate holders, contractors, and designated parties requiring access to Secret or Confidential information.
Administrative Claims Under Federal Tort Claims Act
10 CFR Part 14 establishes procedural regulations for filing administrative claims under the Federal Tort Claims Act against the United States for property damage, personal injury, or death caused by negligent or wrongful acts of NRC employees. Claims must be filed with the relevant NRC office or the Office of the General Counsel, and the NRC General Counsel is authorized to adjust, determine, compromise, and settle such claims.
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.
Determination — Commission
Under the Canadian Energy Regulator Act, the Commission may determine whether pipeline traffic operates under substantially similar circumstances and conditions, assess company compliance with non-discrimination provisions, and investigate allegations of unjust discrimination in pipeline operations.
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.
Authorization to continue
Under the Canadian Energy Regulator Act section 51, the Lead Commissioner may authorize a departing commissioner to continue exercising regulatory powers in assigned matters until final decisions are issued, subject to conditions specified by the Lead Commissioner.