Showing 401–450 of 459 regulations
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.
Where certificate required
Under Canadian Energy Regulator Act section 258, the Governor in Council may designate international power lines by order to require certificate-based regulation instead of permits. Any existing permit must be revoked within 45 days of permit issuance. Once designated, no new permits may be issued and all applications must be processed as certificate applications.
Correction or cancellation of notice of violation
Under the Canadian Energy Regulator Act section 126, a designated person may cancel a notice of violation or correct errors within it at any time before the Commission receives a review request regarding that notice.
Power to act on own initiative
The Canadian Energy Regulator may independently initiate inquiries, hearings, and determinations on any matter within its statutory jurisdiction without requiring an external application or complaint.
Debts to Her Majesty
Administrative provision under the Canadian Energy Regulator Act establishing that penalties imposed by the regulator are debts owed to the Crown, recoverable through Federal Court or other competent jurisdiction. Enforcement actions must be commenced within five years of the debt's due date.
Certificate
The Canadian Energy Regulator Commission may issue certificates of non-payment for unpaid debts. When registered in Federal Court or any other competent court, these certificates have the same legal force and effect as court judgments for the certified amount plus registration costs.
Duty to consider — Commission
The Canadian Energy Regulator and its designated officers must consider potential adverse effects on Indigenous rights recognized under section 35 of the Canadian Constitution when making decisions, orders, or recommendations under the Canadian Energy Regulator Act.
Relief
The Canadian Energy Regulator Commission may grant applications wholly or partially and may impose additional or alternative relief beyond what was requested. This discretionary authority does not apply to certificate applications under Part 3 of the Act.
Use of government agencies
The Canadian Energy Regulator must utilize Government of Canada agencies to obtain technical, economic, and statistical information and advice when exercising its powers and performing duties under sections 80 to 84 of the Canadian Energy Regulator Act.
Participant funding program
The Canadian Energy Regulator must establish a participant funding program to enable public participation, particularly Indigenous peoples and organizations, in regulatory hearings and proceedings related to energy projects under the Canadian Energy Regulator Act.
Publication
The Canadian Energy Regulator may publicly disclose the nature of violations, the identity of violators, and penalty amounts imposed under energy regulation.
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.
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.
Conditions
The Canadian Energy Regulator may impose any conditions it deems appropriate when issuing approvals for energy infrastructure projects, enabling tailored regulatory requirements specific to individual applications.
Payment by Regulator
Administrative provision requiring the Canadian Energy Regulator to pay remuneration and expenses for board members and staff as prescribed by the Canadian Energy Regulator Act.
Reconsideration
Section 168 of the Canadian Energy Regulator Act allows the Tribunal to reconsider compensation decisions on its own motion or upon claimant application when extraordinary circumstances warrant reconsideration despite the public interest in finality. The Chairperson must notify all affected parties of any reconsideration proceedings.
Regulations — Tribunal
Section 172 of the Canadian Energy Regulator Act grants the Governor in Council authority to establish regulations governing the Canadian Energy Regulator Tribunal, covering member appointment conditions, conflict of interest rules, chairperson powers and duties, procedures for member transitions, staff employment terms, and operational governance to enable the Tribunal's functions.
Orders of court
Court order provision under the Canadian Energy Regulator Act enabling judges to impose remedies on persons convicted of offences involving actual or potential unintended releases of oil, gas, or commodities from pipelines. Available remedies include operational prohibitions, environmental monitoring and audits, restoration, community service, publication of facts, notification requirements, financial penalties, compliance bonds, and educational donations, with orders valid for up to three years.
Notice to owners
Pipeline companies must serve written notice on all affected landowners and publish notices describing the proposed pipeline route and CER head office location. Landowners have 30 days from service to file written opposition; other persons anticipating adverse effects have 30 days from publication to oppose. The Regulator must publish notices on its website.
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.
Recommendation to vary or transfer
Under the Canadian Energy Regulator Act section 191, the Governor in Council may issue orders directing the Commission to vary or transfer energy certificates as recommended, decline the variation or transfer, or direct reconsideration of the matter.
Error as to names
Section 209 of the Canadian Energy Regulator Act permits pipeline construction across designated lands despite errors or omissions in the book of reference regarding landowner names or property interests, without requiring correction of such documentation defects.
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.
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.
Publication
Energy project applicants must publish notices of their applications in the Canada Gazette and other CER-designated publications. The Commission may waive this publication requirement if a critical electricity shortage is caused by terrorist activity as defined in the Criminal Code.
Power lines not works
International and interprovincial power lines subject to Canadian Energy Regulator orders are excluded from the definition of 'work' under the Canadian Navigable Waters Act, removing them from that Act's regulatory jurisdiction.
Probabilistic Safety Assessment (PSA) for Reactor Facilities, Version 2
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.
Recommendation not to vary or transfer
Under Canadian Energy Regulator Act section 282, the Governor in Council may issue an order directing the Commission to refuse variation or transfer of a pipeline certificate or to reconsider the matter when the Commission recommends against such action.
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.
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.
Damages and compensation
Under the Canadian Energy Regulator Act, companies exercising regulatory powers must minimize operational damage and provide full compensation to affected parties for harm resulting from lawful exercise of those powers.
Settlement land or Tetlit Gwich’in Yukon land
Section 328 of the Canadian Energy Regulator Act applies specific provisions of the Yukon Surface Rights Board Act to the Canadian Energy Regulator when determining compensation matters involving settlement land or Tetlit Gwich'in Yukon land, treating the regulator as if it were the board for those determinations.
Protection of mines
Pipeline companies must obtain authorization from a designated officer before locating, constructing, or operating pipelines in ways that obstruct, interfere with, or adversely affect active mining operations or lawful mine development preparations.
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.
Right to minerals
Under Canadian Energy Regulator Act section 337, companies acquiring land through compulsory powers do not automatically own minerals (coal, oil, gas, metals, ores, slate) unless expressly purchased. All minerals are presumed reserved from transfers except where explicitly included in transfer documents, though companies may extract minerals necessary for constructing authorized works.
Time limit
The Canadian Energy Regulator must decide on oil and gas export licence applications within 180 days of receiving a complete application. The Minister may extend the deadline by up to 90 days, and the Governor in Council may grant further extensions. Time spent by applicants responding to information or study requests is excluded from the time limit calculation. Failure to meet the deadline does not affect the Regulator's jurisdiction or invalidate the licence.
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.
Prohibition
Persons are prohibited from constructing or operating any section or part of an international power line without first obtaining a permit under section 248 or a certificate under section 262 of the Canadian Energy Regulator Act.
Issuance
The Canadian Energy Regulator must issue permits for construction and operation of international power lines upon application, subject to the Impact Assessment Act, unless the project is designated by Governor in Council order or an alternative regulatory election applies. Applicants must provide all information specified in regulations.
Orders and prohibitions
The Canadian Energy Regulator Commission may issue binding orders requiring compliance with the CER Act and authorization conditions, and may prohibit activities that violate the Act or breach authorization terms or Commission directives.
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.
Security regulations
The Canadian Energy Regulator is authorized to establish security regulations for energy facilities, including physical security standards, security plans, audits, and cybersecurity requirements. Violations are criminal offences with maximum penalties of $500,000 fine and five years imprisonment on indictment, or $100,000 fine and one year imprisonment on summary conviction.
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.
Collaborative processes
The Canadian Energy Regulator may establish collaborative arrangements with government bodies and Indigenous organizations to develop joint decision-making processes for coordinating energy sector regulation and project approvals.
Request of Minister
The Canadian Energy Regulator must provide ministerial advice and conduct requested studies on energy matters, facility safety, security, and oil and gas export pricing. Publication of such advice, studies, or reports requires prior written ministerial consent.
Suspension or revocation
The Canadian Energy Regulator may suspend or revoke an authorization by order if the holder requests it, consents to it, or breaches a condition. Before revoking for breach, the regulator must provide written notice and opportunity to be heard.
Transfer of licences
The Canadian Energy Regulator may transfer licences under this Division on application. Non-minor or non-technical transfers require ministerial approval based on public interest assessment. The Commission may impose new or modified conditions on transferred licences as necessary to fulfil the Act's purposes.
Suspension or revocation of licences — application or consent
The Canadian Energy Regulator Commission may suspend or revoke a licence issued under its authority if the licence holder applies for or consents to such suspension or revocation.