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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Offence and punishment
Section 379 of the Canadian Energy Regulator Act establishes criminal offences and penalties for contraventions of the Act or regulations. Summary conviction carries fines up to $100,000 or one year imprisonment; indictable offence carries fines up to $1,000,000 or five years imprisonment. Due diligence is a defence. Corporate officers, directors, and agents who direct or participate in offences are liable. Each day of continued violation constitutes a separate offence.
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.
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.
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.
Designation
The Governor in Council must designate one full-time commissioner as Lead Commissioner and another as Deputy Lead Commissioner of the Canadian Energy Regulator.
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.
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.
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.
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.
Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions
10 CFR Part 51 establishes environmental protection regulations for the Nuclear Regulatory Commission's domestic licensing and regulatory functions. The regulations implement Section 102(2) of the National Environmental Policy Act of 1969 and apply to NRC licensing proceedings for production, utilization, and materials facilities, excluding export licensing and foreign environmental effects. Key definitions include construction activities, previously disturbed areas, and NRC organizational roles.
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.
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.
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.
Agency Rules of Practice and Procedure
10 CFR Part 2 establishes procedural rules for all Nuclear Regulatory Commission proceedings under the Atomic Energy Act and Energy Reorganization Act, covering licensing actions, permit issuance, civil penalties, rulemaking, and standard design approvals. The rules define roles of adjudicatory employees, distinguish between general and special procedural rules for different proceeding types, and set administrative requirements for contested and non-contested matters.
Change in composition of panel
Administrative provision establishing that when a regulatory panel's composition changes, all evidence and representations previously submitted remain valid and binding on the Canadian Energy Regulator unless formally reviewed, varied, or rescinded by the Commission.
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.
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.
Variation or transfer of certificates
The Canadian Energy Regulator Commission may vary or transfer energy certificates issued under the Act on its own initiative or upon application. The Minister may direct the Commission to recommend variations or transfers to the Governor in Council if deemed in the public interest. The Commission may impose conditions necessary to fulfill the Act's purposes when varying or transferring certificates.
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.
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.
Freedom of Information Act (FOIA)
10 CFR Part 1004 establishes Department of Energy procedures for implementing the Freedom of Information Act (FOIA), defining how DOE offices process public records requests, categorize requesters, calculate direct costs for copying and searching, and handle appeals. FERC is excluded from these regulations.
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.
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.
Air Transportation of Plutonium
10 CFR Part 871 authorizes the DOE Deputy Administrator for Defense Programs to permit air transportation of plutonium under national security and public health exemptions. Air shipments are allowed for atomic weapons development, international defense cooperation, and emergency response when air transport is necessary due to security concerns, safety considerations, item preservation, or to prevent harm to national security. All authorizations must be recorded and reported to NNSA within 24 hours.
Variation or transfer of permits
The Canadian Energy Regulator Commission may vary or transfer permits issued under the Canadian Energy Regulator Act either on its own motion or upon application. When varying or transferring a permit, the Commission may impose new or modified conditions it deems necessary to advance the Act's purposes and provisions.
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.
Recovery of loss, etc., caused by debris
Section 302 of the Canadian Energy Regulator Act establishes strict liability for losses, damages, and costs arising from debris generated during authorized energy work. Authorization holders are liable up to $1 billion (with reduced limits in Arctic Waters), while parties responsible for debris are jointly and severally liable based on fault. Claims prioritize personal losses, then government costs, then non-use value losses (recoverable only by government).
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.
Rules of General Applicability to Domestic Licensing of Byproduct Material
10 CFR Part 30 establishes NRC licensing requirements for domestic possession, production, transfer, and use of byproduct material, including accelerator-produced radioactive material and radium-226 sources. The regulation prescribes general applicability rules, defines licensed activities, and sets compliance deadlines for government agencies and Indian Tribes (2007–2009). It also subjects suppliers of components and services to enforcement action for violations.
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.
Licenses and Radiation Safety Requirements for Well Logging
10 CFR Part 39 establishes licensing and radiation safety requirements for the use of licensed materials—including sealed sources, radioactive tracers, markers, and uranium sinker bars—in well logging operations. The regulation prescribes definitions, operational requirements, supervisory standards, and compliance obligations for persons handling radioactive sources at temporary jobsites, including personal supervision, safety reviews, and cross-referenced NRC regulatory provisions.
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.