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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.
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.
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.
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.
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.
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.
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.
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).
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.
Orphan abandoned pipelines
Under the Canadian Energy Regulator Act, a designated officer may designate an abandoned pipeline as an orphan abandoned pipeline when the owning company's directors, officers, or the company itself cannot be located, or when the company is unknown, insolvent, bankrupt, in receivership, or dissolved.
Measures
Section 245 of the Canadian Energy Regulator Act authorizes designated officers to take necessary measures for orphan pipeline abandonment and to delegate authority to employees or third parties. The Regulator, its staff, Crown agents, and authorized third parties are granted liability protection for good-faith actions or omissions during abandonment activities.
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.
Paramountcy
Federal permits and certificates issued under the Canadian Energy Regulator Act, along with applicable Acts of Parliament, take precedence over conflicting provincial laws when applied to federally regulated energy projects, establishing federal regulatory supremacy.
Recommendation and delay of issuance
The Canadian Energy Regulator may recommend to the Minister that an international power line be designated by Governor in Council order and may delay permit issuance during this process. The Regulator must avoid duplicating provincial measures and must consider interprovincial effects, environmental impacts, and regulatory factors when deciding whether to recommend designation.
Election by applicant or holder
Applicants or holders of permits or certificates for international power lines may elect to have provisions of the Canadian Energy Regulator Act apply instead of provincial laws by filing a prescribed election form with the Regulator.
Impact Assessment Act
Section 263 of the Canadian Energy Regulator Act specifies that applications for designated energy projects subject to impact assessment are reviewed by an impact assessment review panel rather than the Commission. The panel exercises most Commission powers except certificate issuance and must complete its decision within timelines established by the Impact Assessment Act.
Application of certain provisions
Section 266 of the Canadian Energy Regulator Act extends pipeline regulatory provisions to international and interprovincial power lines. Applicants and permit/certificate holders must follow intervention, certification, and permitting procedures under specified sections. Deviations crossing navigable waters require heightened scrutiny under section 211. Abandonment provisions do not apply to power lines.
Effects on navigation
The Canadian Energy Regulator must consider effects on navigation safety, including navigation safety itself, when deciding whether to issue certificates, permits, approvals, orders, directions, or exemptions for international or interprovincial power lines that cross navigable waters.
Regulations
The Governor in Council may establish joint regulations with the Ministers of Energy and Transport governing the design, construction, operation, deviations, relocation, safety, security, and abandonment of international and interprovincial power lines that cross navigable waters in Canada.
Recommendation to vary or transfer
Section 281 of the Canadian Energy Regulator Act authorizes the Governor in Council to issue orders directing the Commission's handling of pipeline certificate variation or transfer recommendations, including approval, denial, or remand for reconsideration.
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.
Publication of order
Orders issued by the Canadian Energy Regulator under sections 281 or 282 must be published in the Canada Gazette within 15 days of issuance.
Certificate or order before June 1, 1990
The Canadian Energy Regulator Act applies pipeline governance provisions to international power lines that received certificates before June 1, 1990 under the former National Energy Board Act, treating electricity transmission infrastructure under the same regulatory framework while excluding abandoned power lines from abandoned pipeline definitions.
Prohibition — work or activity
Section 297 of the Canadian Energy Regulator Act prohibits persons from conducting work or activities related to offshore renewable energy projects or offshore power lines in Canadian offshore areas, or constructing, operating, or abandoning offshore power line components within provinces, unless they obtain prior authorization from the Canadian Energy Regulator.
Study and report
The Canadian Energy Regulator may issue orders requiring holders of offshore renewable energy projects or offshore power lines to conduct and report on studies addressing safety or environmental protection issues within a specified timeframe.
Offence and punishment
Section 311 of the Canadian Energy Regulator Act establishes criminal penalties for contravening authorization conditions, orders, or regulations. Indictment convictions carry fines up to $1 million and/or up to five years imprisonment; summary convictions carry fines up to $100,000 and/or up to one year imprisonment.
Crown lands
Pipeline companies must obtain Governor in Council consent to take possession of, use, or occupy Crown lands in Canada. With consent, companies may appropriate necessary Crown lands and water for pipeline construction and operation. Compensation for lands held in trust must be applied to the trust's purpose. Exemptions apply for pipelines with prior authorizations and those crossing utilities or navigable waters with proper certificates.
Form of compensation payment if land taken
Under Canadian Energy Regulator Act section 329, when a company takes or leases land, the Regulator must direct compensation payment at the landowner's option as either a lump sum or periodic payments. Interest may be awarded at the prime business loan rate from the date of land entry or when damages first occurred.
Costs
Section 330 of the Canadian Energy Regulator Act establishes cost allocation rules for compensation disputes. If the awarded compensation exceeds 85% of the company's settlement offer, the company must pay all legal, appraisal, and reasonable costs incurred by the claimant. If the award is at or below 85% of the offer, the Commission has discretion to allocate costs.
Protection of pipeline from mining operations
Canadian Energy Regulator Act section 338 prohibits mining and mineral prospecting within 40 metres of pipelines and connected infrastructure without authorization from a designated officer. Oil and gas wells under pipelines are exempt if drilled beyond the 40-metre buffer. Applicants must submit detailed plans and profiles; officers may impose conditions to protect safety and security.
Prohibition — export
Under section 343 of the Canadian Energy Regulator Act, persons are prohibited from exporting oil or gas unless they hold a licence issued under Part 6 of the Act or are authorized by applicable regulations.
Issuance
The Canadian Energy Regulator may issue licences for oil and gas exportation with ministerial approval and may impose conditions. All licences are subject to compliance with the Canadian Energy Regulator Act, its regulations, and related orders.
Criteria
The Canadian Energy Regulator must not issue an export licence for oil or gas unless it determines the export quantity does not exceed Canada's surplus after accounting for reasonably foreseeable domestic requirements and considering Canadian oil and gas discovery trends.
Maximum validity — liquefied natural gas
Canadian regulation setting a maximum 50-year validity period for liquefied natural gas (LNG) export licenses under the Canadian Energy Regulator Act. LNG is defined as natural gas in liquid state composed of at least 85% methane with other hydrocarbons and minor non-hydrocarbon gases.
Ministerial approval
Section 347 of the Canadian Energy Regulator Act establishes the ministerial approval process for oil and gas export licenses. The Minister must decide on approval within 90 days of the Commission's decision; late approval does not invalidate the Commission's prior actions. The Commission must issue the license within seven days of ministerial approval.
Regulations — Governor in Council approval
Section 354 of the Canadian Energy Regulator Act authorizes the Regulator to establish regulations (subject to Governor in Council approval) governing exemptions from reporting requirements, licence application procedures and information requirements, and standards for measurement units and instruments used in oil and gas export and import activities.
Export
Under the Canadian Energy Regulator Act, any person must obtain either a permit (section 356) or licence (section 361) from the Canadian Energy Regulator before exporting electricity.