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Conditions — permits
The Canadian Energy Regulator Commission may impose conditions on permits and licences as deemed necessary or in the public interest, with permit conditions limited to matters prescribed by regulations and licence conditions applied at the Commission's discretion.
Compliance
All permits and licences issued under the Canadian Energy Regulator Act are conditional upon compliance with the Act, its regulations, and orders made thereunder.
Definitions
This section establishes key definitions under the Canadian Energy Regulator Act for regulatory jurisdiction and scope. 'Designated area' includes Canadian provinces, Sable Island, and federal submarine territories where Canada controls resource rights. 'Designated oil or gas' refers to specific oil or gas products subject to regulatory orders. 'Movement' covers domestic transportation of oil or gas but excludes exports.
Definitions
Section 373 of the Canadian Energy Regulator Act defines key terms for the division governing energy exports, including references to free trade agreements (CCFTA, CCRFTA, CUSMA) and defines 'energy goods' as commodities requiring a licence, permit, or regulatory order for exportation under this Part.
Principle
The Canadian Energy Regulator must give effect to CUSMA, CCFTA, and CCRFTA trade agreements. The Governor in Council may issue binding directions to the Regulator regarding performance of this duty or interpretation of these agreements, which apply to pending matters unless otherwise specified.
Declaration of Governor in Council
The Governor in Council may issue an order declaring that restrictions on exporting energy goods to Chile or Costa Rica are justified under provisions of the Canada-Chile Free Trade Agreement or Canada-Costa Rica Free Trade Agreement.
Request for declaration
The Canadian Energy Regulator may suspend its determination of licence or permit applications for energy exports to Chile or Costa Rica for up to 120 days if it considers restrictions in the public interest and applicable under relevant trade agreements, to allow the Minister to request a Governor in Council order.
Exportation to Chile or Costa Rica
The Canadian Energy Regulator cannot refuse, suspend, revoke or vary licenses or permits for energy goods exported to Chile or Costa Rica if doing so would breach obligations under the Canada-Chile Free Trade Agreement or Canada-Costa Rica Free Trade Agreement, except during suspension orders or with the license holder's consent.
No declaration made
The Canadian Energy Regulator may issue export licences for energy goods to Chile or Costa Rica without meeting standard criteria if the Minister declines to recommend an order, the Governor in Council declines to make one, or no order is issued within 120 days of the export request.
Variation of licences or authorizations
The Canadian Energy Regulator Commission or its delegates may modify the conditions of operating licences or authorizations issued under the Canada Oil and Gas Operations Act, providing regulatory flexibility in managing oil and gas operations.
Application to appeals
Section 384 of the Canadian Energy Regulator Act establishes the appellate framework allowing the Commission to review decisions by the Chief Conservation Officer under the Canada Oil and Gas Operations Act. Following an appeal hearing, the Commission may set aside, confirm, or vary orders; direct remedial works to prevent waste or oil/gas escape; or issue other appropriate orders.
Statutory Instruments Act
Orders issued by the Canadian Energy Regulator Commission under this Part are explicitly excluded from the definition of statutory instruments under the Statutory Instruments Act, clarifying the regulatory status of CER orders.