Showing 351–400 of 459 regulations
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.
Licence Application Guide: Licence to Construct A Reactor Facility, Version 2
REGDOC-1.1.2 is the Canadian Nuclear Safety Commission's guide for applicants seeking a licence to construct reactor facilities in Canada. It clarifies submission requirements, applies to advanced and small modular reactors, and requires applicants to demonstrate qualifications, environmental protection, health and safety measures, national security compliance, and adherence to international obligations using a risk-informed graded approach.
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.
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.
Replacement of panel member during hearing
Section 48 of the Canadian Energy Regulator Act establishes procedures for replacing panel commissioners during hearings. If a commissioner becomes unavailable or resigns during a hearing, the Lead Commissioner may appoint a replacement to continue the hearing and participate in the decision. If unavailability occurs after the hearing concludes but before the decision is finalized, remaining commissioners may proceed unanimously to make the decision without replacement.
Regulations
The Canadian Energy Regulator may establish fees, levies, or charges with Treasury Board approval to recover regulatory costs attributable to its mandate, including costs for denied or withdrawn applications. Regulations specify interest rates on unpaid amounts, which become debts recoverable by the Crown in court.
Chemistry Control for Reactor Facilities
REGDOC-2.6.4 establishes chemistry control program requirements for Canadian reactor facilities (NPPs, advanced reactors, SMRs, research reactors) to ensure structural integrity of safety-critical systems, protect fuel, minimize radioactive material buildup, and achieve ALARA environmental releases. Licensees may propose risk-informed or alternative approaches proportionate to their facility's risk profile.
Public hearings
Section 52 of the Canadian Energy Regulator Act mandates public hearings for decisions to issue, suspend, or revoke certificates for interprovincial and international pipelines and power lines. Exceptions apply when certificate holders consent to suspension or revocation of non-operational facilities. The Commission may discretionarily hold public hearings on other matters and must publicly disclose its reasoning.
Guidance on Deep Geological Repository Site Characterization
REGDOC-1.2.1 provides guidance on site characterization programs for deep geological repositories designed to isolate radioactive waste in stable geological formations. It outlines technical investigations integrating hydrogeology, rock mechanics, and geochemistry to evaluate facility performance across site preparation, construction, operation, decommissioning, and closure phases, supporting licence applications and long-term safety cases.
Reasons
The Canadian Energy Regulator must provide written reasons for each recommendation made to the Governor in Council or Minister, and must publicly disclose both the recommendations and their supporting rationale.
Compensation
Section 90 of the Canadian Energy Regulator Act clarifies that Directors, Commissioners, the Chief Executive Officer, and employees of the Canadian Energy Regulator are covered under the Government Employees Compensation Act and are considered employed in the federal public administration.
Licence Application Guide: Class IB Processing Facilities
CNSC guidance document establishing requirements for licence applications to site prepare, construct, operate, or decommission Class IB nuclear processing facilities in Canada. Applies to facilities processing uranium, thorium, plutonium, or other nuclear substances exceeding 10^15 Bq annually. Establishes compliance framework under the Nuclear Safety and Control Act including radiation protection, security, and decommissioning standards.
Regulations
The Governor in Council may establish regulations defining circumstances under which Indigenous knowledge shared confidentially with the Canadian Energy Regulator may be disclosed without written consent, balancing regulatory transparency with Indigenous rights protection.
Licence Application Guide: Class II Nuclear Facilities and Prescribed Equipment, Version 1.1
REGDOC-1.4.1 is the Canadian Nuclear Safety Commission's consolidated licence application guide for Class II nuclear facilities and prescribed equipment. It establishes requirements for applicants seeking licences to construct, operate, decommission, or service such facilities, demonstrating qualifications and adequate provisions for health, safety, environmental protection, and national security under the Nuclear Safety and Control Act.
Confidentiality
Section 61 of the Canadian Energy Regulator Act authorizes the Commission and designated officers to issue confidentiality orders protecting sensitive information from public disclosure when disclosure poses a real and substantial risk to pipeline, power line, or offshore renewable energy infrastructure security, protective systems, or public safety.
Powers of company
Section 313 of the Canadian Energy Regulator Act grants pipeline companies authority to survey land, acquire property, construct pipelines across public and private holdings, interconnect with other infrastructure, erect supporting structures, and transport hydrocarbons and other commodities, subject to regulatory approval and applicable legislation.
Impact Assessment Act
Section 185 of the Canadian Energy Regulator Act transfers certificate application authority for designated projects under the Impact Assessment Act from the Commission to an independent review panel. The panel exercises powers under sections 182-184, coordinates with energy and environment ministers, and must submit reports within Impact Assessment Act timelines.
Service Fees Act
Section 88 of the Canadian Energy Regulator Act exempts the CER from the federal Service Fees Act, allowing it to independently set and collect fees, levies, and charges for regulating energy infrastructure projects without federal fee-setting constraints.
Definition of certified document
Section 89 of the Canadian Energy Regulator Act establishes that documents certified by authorized CER employees and sealed with the regulator's seal are admissible as evidence in legal proceedings without requiring proof of the certifier's signature or official status. Certified copies of decisions, orders, authorizations, and other regulatory documents are accepted as evidence of the originals and the facts they contain.
Public Service Superannuation Act
Section 91 of the Canadian Energy Regulator Act defines superannuation eligibility under the Public Service Superannuation Act, extending coverage to full-time commissioners, the CEO, and Regulator employees while explicitly excluding part-time commissioners and directors.
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.
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.
Offence and punishment
Section 387 of the Canadian Energy Regulator Act establishes criminal penalties for non-compliance with Commission orders under sections 384-385. Summary conviction carries fines up to $100,000 and/or one year imprisonment; indictable conviction carries fines up to $1,000,000 and/or five years imprisonment. A due diligence defence is available, and Canada Oil and Gas Operations Act provisions apply.
Safeguards and Nuclear Material Accountancy
REGDOC-2.13.1 establishes safeguards and nuclear material accountancy requirements for Canadian licensees possessing nuclear material, operating uranium or thorium mines, or conducting nuclear fuel-cycle research and manufacturing. It ensures Canada's compliance with IAEA safeguards agreements under the Non-Proliferation Treaty through mandatory licensee reporting and IAEA inspections to verify nuclear material is not diverted to non-peaceful uses.
Immunity
Section 148 of the Canadian Energy Regulator Act grants civil immunity to Tribunal members for actions or omissions undertaken in the exercise or purported exercise of their powers, duties, or functions.
Technical or specialized knowledge
The Canadian Energy Regulator Act permits the Tribunal to temporarily engage legal counsel, notaries, and technical specialists to support its operations, with duties and employment conditions prescribed by the Tribunal and compensation/expenses subject to Treasury Board approval.
Staff and facilities
The Canadian Energy Regulator must provide tribunals with professional, technical, secretarial, clerical, and other necessary assistance, along with facilities and supplies required for tribunals to exercise their regulatory powers and perform their duties.
Public hearings
Section 161 of the Canadian Energy Regulator Act requires tribunal hearings to be held publicly, but permits closed proceedings when a public hearing would not serve the public interest, personal privacy concerns outweigh transparency, or confidential business information risks disclosure.
Report
The Canadian Energy Regulator must submit quarterly reports to the Minister and Minister of Finance, starting within 90 days of Tribunal establishment and every 90 days thereafter, detailing compensation and costs awarded by the Tribunal and amounts paid under specified subsections.
Companies only
Section 179 of the Canadian Energy Regulator Act restricts pipeline construction, operation, and abandonment to registered companies only. Existing pipelines built before October 1, 1953 may be operated or improved by any person, provided they comply fully with the Act.
Operation of pipeline
Pipeline operators in Canada must obtain and maintain an active certificate from the Canadian Energy Regulator and receive authorization to open the pipeline before commencing operations. All pipeline operations must comply with certificate conditions and regulatory orders.
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.
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 of the Regulator
The Canadian Energy Regulator is authorized to make regulations prescribing circumstances under which periods may be excluded from time limit calculations in regulatory proceedings, providing procedural flexibility in managing application and decision timelines.
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.
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).
Pipeline not work
Section 220 of the Canadian Energy Regulator Act clarifies that pipelines are excluded from the definition of 'work' under the Canadian Navigable Waters Act, establishing that pipeline regulation falls exclusively under Canadian Energy Regulator jurisdiction.
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.
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.
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.
Commencement of tariff
Under Canadian Energy Regulator Act section 228, pipeline companies filing tariffs must obtain regulatory approval establishing an effective commencement date before charging tolls for transportation services.
Tolls
Section 230 of the Canadian Energy Regulator Act mandates that all pipeline tolls be just and reasonable, with equal rates applied to all shippers transporting the same type of traffic over the same route under substantially similar circumstances and conditions.
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.
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.
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.
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.
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.
Extension or improvement
The Canadian Energy Regulator may direct natural gas pipeline operators to extend or improve facilities to interconnect with local distribution networks and serve municipalities or adjacent communities, provided no undue burden is imposed on the operator and service to existing customers is not impaired.
Costs and expenses related to abandonment
The Canadian Energy Regulator may require pipeline companies to establish and maintain financial funds or security to ensure they can pay for pipeline abandonment and related costs. The Regulator can direct use of these funds, authorize third parties to access them, realize security to cover abandonment expenses, and allocate any surplus to the Orphan Pipelines Account.