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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.
Vesting
Under the Canadian Energy Regulator Act, orders granting immediate land entry rights automatically vest specified title, interests, and rights in the applicant company. The company must register the order with the land registrar and notify the Regulator and landowner within 30 business days.
Confidentiality
The Canadian Energy Regulator or a designated officer may take enforcement measures and issue orders to ensure compliance with confidentiality and information disclosure obligations under section 58 and related regulations.
Reporting Requirements, Volume I: Non-Power Reactor Class I Facilities and Uranium Mines and Mills, Version 1.1
REGDOC-3.1.2 establishes reporting requirements for Canadian Nuclear Safety Commission licensees operating Class I non-power reactor facilities, uranium mines, and mills. Licensees must submit operational compliance reports, significant event notifications, and business activity notifications using a risk-graded approach. This document consolidates and replaces four prior regulatory documents governing uranium refining, fuel fabrication, and processing facility reporting.
Approval
Pipeline companies must obtain a Canadian Energy Regulator certificate before constructing any pipeline section, comply with all certificate conditions, secure Regulator approval of construction plans and specifications, and deposit certified copies in relevant land registries.
Conditions
Under the Canadian Energy Regulator Act section 65, the Commission, designated officers, and inspection officers have broad authority to impose any conditions they deem appropriate in decisions or orders issued under the Act.
Construction or operation
A person must obtain a permit under section 248 or a certificate under the Canadian Energy Regulator Act before constructing or operating an international or interprovincial power line that crosses navigable waters.
Prohibition — construction or ground disturbance
Section 335 of the Canadian Energy Regulator Act prohibits construction, ground disturbance, and vehicle operation on or across pipelines without authorization from the Regulator or pipeline company. The Regulator may issue orders governing facility design, construction, and safety measures, authorize companies to grant approvals, and direct remediation of non-compliant facilities. Violations are criminal offences with penalties up to $1 million.
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.
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.
Design of Uranium Mines and Mills: Ventilation Systems, Version 1.1
REGDOC-2.5.4 is a Canadian Nuclear Safety Commission regulatory guide for ventilation system design in uranium mines and mills. It establishes requirements for ventilation-related information in licence applications for site preparation, construction, operation, and decommissioning of underground and surface licensable areas, applying a risk-informed, graded approach to protect worker and radiation safety consistent with modern national and international nuclear standards.
Licence Application Guide: Licence to operate a Nuclear Power Plant, Version 1.3
REGDOC-1.1.3 is the Canadian Nuclear Safety Commission's regulatory guide for licence applications to operate nuclear power plants in Canada. It establishes requirements and guidance using a risk-informed, graded approach, requiring applicants to demonstrate qualifications and adequate safety provisions. No fuel may be loaded until the CNSC grants an operating licence.
Criteria
Before issuing an oil or gas licence, the Canadian Energy Regulator must consider all relevant factors including equitable distribution of designated oil and gas resources across Canada. Sections 348 to 351 of the Act apply to such licences.
Publication of order
Orders issued by the Canadian Energy Regulator under sections 191 or 192 of the Canadian Energy Regulator Act must be published in the Canada Gazette within 15 days of issuance.
Personnel Certification: Radiation Safety Officers
REGDOC-2.2.3 establishes Canadian Nuclear Safety Commission guidance for certifying Radiation Safety Officers at Class II nuclear facilities. It outlines application requirements, qualification criteria, and certification examination procedures to ensure RSOs are competent to perform their safety duties. An exemption applies to persons already certified in equivalent positions at Class I facilities.
Orders
The Canadian Energy Regulator Commission may exempt pipelines up to 40 km long, previously constructed pipelines, and associated infrastructure (tanks, compressors, storage facilities) from specified regulatory provisions. Exemption applications must be decided within 300 days of complete submission; the Lead Commissioner may exclude certain periods with public disclosure, and the Minister may grant extensions. The Commission may impose conditions on exemptions.
If pipeline affixed to any real property or immovables
Section 224 of the Canadian Energy Regulator Act establishes that pipeline sections affixed to real property, utilities, or navigable waters remain the exclusive property of the pipeline company and do not become part of underlying property without written consent and Regulator notice. Pipeline companies retain rights to create liens, mortgages, charges, and security interests on affixed sections under specified regulatory circumstances.
Application of provisions in Part 6
Section 306 of the Canadian Energy Regulator Act extends Part 6 regulatory provisions to offshore power lines in provincial waters. Pipeline transportation requirements are adapted for electricity transmission, with applicants and authorization holders required to comply with specified sections. Exemptions apply for facility-sharing and shared-use arrangements where regulatory leave or authorization conditions are obtained.
Orphan pipelines
Under the Canadian Energy Regulator Act, a designated officer may declare a pipeline an orphan pipeline if the certificate-holding company cannot be located, is unknown, insolvent, bankrupt, in receivership, or dissolved. Persons named in prior regulatory orders or authorized under Special Acts are deemed certificate holders for orphan pipeline designation purposes.
Definitions
Section 2 of the Canadian Energy Regulator Act establishes statutory definitions for federal energy infrastructure regulation, including abandoned facilities and pipelines, oil and gas exports and imports, ground disturbance thresholds for pipeline protection, and incorporates Indigenous governing bodies and knowledge in energy decision-making processes.
Supplemental Information for Small Modular Reactor Proponents, Version 1.1
REGDOC-1.1.5 provides supplemental guidance for Small Modular Reactor (SMR) licence applicants to Canada's Nuclear Safety Commission. It establishes a risk-informed, graded approach for water-cooled and advanced reactors ranging from megawatts to several hundred megawatts, supporting licence applications for site preparation, construction, operation, and decommissioning stages.
Design of Reactor Facilities, Version 2.1
REGDOC-2.5.2 Version 2.1 establishes comprehensive design requirements for new water-cooled nuclear reactor facilities in Canada, aligning with IAEA safety standards and promoting defence-in-depth design principles. The document applies to new licence applications; existing facilities licensed before 2014 are exempt unless explicitly included in their licensing basis.
Matters to be taken into account
The Canadian Energy Regulator must consider all written submissions and public hearing representations when approving pipeline construction plans, routes, and methods. The Regulator may approve sections where no submissions have been filed.
Financial resources
Applicants for Canadian Energy Regulator authorizations must demonstrate sufficient financial resources to cover Commission-determined amounts through prescribed forms or Regulator-specified methods. Proof must remain valid throughout the duration of authorized work or activity.
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.
Instructions regarding timeliness
The Lead Commissioner of the Canadian Energy Regulator may issue procedural instructions to commissioners handling applications to ensure timely processing and resolution of matters before the Commission.
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.
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.
Powers of Regulator
Section 116 of the Canadian Energy Regulator Act grants the Regulator authority to establish standardized forms and short-form descriptions for violation notices, permits the Commission to designate persons to conduct regulatory reviews, and allows the Chief Executive Officer to designate officers authorized to issue violation notices.
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.
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.
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.
Application Guide: Certification of Radiation Devices or Class II Prescribed Equipment, Version 1.1
REGDOC-1.5.1 v1.1 is a Canadian Nuclear Safety Commission application guide helping applicants prepare and submit certification applications for radiation devices and Class II prescribed equipment. The guide ensures prescribed equipment is safe, protects public health and environment, meets national security standards, and complies with Canada's international nuclear obligations under the Nuclear Safety and Control Act.
Licence Application Guide: Nuclear Substances and Radiation Devices, Version 2.1
CNSC guidance document (REGDOC-1.6.1 v2.1) establishing requirements for Canadian licence applications to possess, use, store, transfer, import, export, service, or abandon nuclear substances and radiation devices under the Nuclear Safety and Control Act. Applicants must demonstrate qualifications, adequate health and safety provisions, environmental protection, and effective radiation safety programs.
Variation of licences
The Canadian Energy Regulator Commission may vary licences issued under the Act either on its own initiative or upon application. Non-minor or non-technical variations require ministerial approval if deemed in the public interest. The Commission may impose new or modified conditions as necessary to fulfil the Act's purposes.
Powers
The Canadian Energy Regulator Tribunal possesses the powers of a superior court within its jurisdiction, including authority to compel witness attendance, administer oaths, examine witnesses, demand document production, and enforce orders. The Tribunal is not bound by formal rules of evidence but must respect legal privileges recognized under evidence law.
Interim award of compensation
Under the Canadian Energy Regulator Act, a Tribunal may award interim compensation for compensation claims if authorized by regulations, and must notify the Regulator of the awarded amount.
Determining compensation
Under Canadian Energy Regulator Act section 163, a Tribunal determines whether to award compensation for claimed compensable damage, calculates amounts per regulations, and may award costs if authorized. The Tribunal must notify all parties of its decision, specifying compensation and cost amounts, any regulatory reductions, and previously paid amounts.
Probabilistic Safety Assessment (PSA) for Reactor Facilities, Version 2
REGDOC-2.4.2 Version 3 establishes requirements for probabilistic safety assessments (PSA) at Canadian reactor facilities including nuclear power plants, small reactors, and research reactors. Licensees must conduct systematic analyses demonstrating facility designs protect people and the environment from radiation, achieve balanced designs without disproportionate risk contributions, and prevent cliff-edge effects, using a graded approach aligned with IAEA standards.
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.
Variation of sanctions
Under Canadian Energy Regulator Act section 176, courts may vary sanctions orders against offenders upon application if circumstances have changed. Courts can modify prohibitions, directions, requirements, or conditions; extend enforcement duration up to one year; reduce duration; or partially or fully relieve compliance obligations after hearing the offender, regulator, and interested parties.
Recovery of fines and amounts
Section 178 of the Canadian Energy Regulator Act allows prosecutors to enforce unpaid fines or court-ordered compensation by filing convictions or orders as civil judgments in any Canadian court, enabling collection through standard civil enforcement procedures.
Assets of company subject to executions
Section 341 of the Canadian Energy Regulator Act clarifies that the Act does not restrict financial or legal transactions involving company assets, including court-ordered asset sales, creation of liens, mortgages, and enforcement of security interests. Such transactions remain subject to applicable provincial laws where the property is located.
Role of Chief Executive Officer
Section 23 of the Canadian Energy Regulator Act establishes the Chief Executive Officer's responsibilities for managing the regulator's day-to-day operations and supervising employees, while explicitly prohibiting direction of specific Commission decisions. The CEO holds deputy head rank with corresponding departmental powers, and interim executives may serve up to 90 days pending Governor in Council approval.
Application for certificate
Pipeline companies applying to the Canadian Energy Regulator for a certificate must submit detailed maps showing the pipeline's general location along with required plans and specifications. Applicants must file copies with provincial attorneys general, and the Regulator must ensure public notice through newspaper publication or other appropriate media.
Order to reconsider
Section 184 of the Canadian Energy Regulator Act enables the Governor in Council to order the Commission to reconsider its report recommendations or conditions. Orders are binding and must be published in the Canada Gazette within 15 days. The Commission must submit a reconsideration report confirming, modifying, or replacing recommendations and conditions while addressing all necessary public interest factors. The reconsideration report is final unless another order is issued.
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.
Reporting Requirements for Waste Nuclear Substance Licensees, Class II Nuclear Facilities and Users of Prescribed Equipment, Nuclear Substances and Radiation Devices
REGDOC-3.1.3 establishes mandatory reporting requirements for Canadian Nuclear Safety Commission licensees managing waste nuclear substances, Class II nuclear facilities, and users of prescribed equipment and radiation devices. Licensees must report events, dangerous occurrences and situations within specified timeframes and submit annual compliance reports, following a risk-informed approach aligned with national and international nuclear safety standards.
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.
Enforcement of orders
Canadian Energy Regulator decisions and orders may be registered with Federal or provincial superior courts and enforced as court orders by filing a certified copy with the court registrar. If a registered decision is subsequently rescinded or varied, the court order is vacated and the modified decision may be re-registered following standard court procedures.