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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.
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.
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.
Variation or transfer of certificates
The Canadian Energy Regulator Commission may vary or transfer energy certificates issued under the Act on its own initiative or upon application. The Minister may direct the Commission to recommend variations or transfers to the Governor in Council if deemed in the public interest. The Commission may impose conditions necessary to fulfill the Act's purposes when varying or transferring certificates.
Decision by Governor in Council
Section 186 of the Canadian Energy Regulator Act grants the Governor in Council authority to issue binding orders on pipeline certificate applications following CER recommendations. The Governor may approve certificates with conditions, dismiss applications, or refer recommendations for reconsideration. Orders must include written reasons demonstrating consideration of relevant factors and be issued within 90 days (extendable). Orders are final, must be published in the Canada Gazette within 15 days, and the CER must comply within seven days.
Proof of financial responsibility
Under Canadian Energy Regulator Act section 304, applicants for CER authorization must provide proof of financial responsibility (letter of credit, guarantee, indemnity bond, or other acceptable form). This proof must remain in force throughout the authorized activity. The Regulator may draw on these funds for eligible claims, with amounts recovered offset against subsequent legal liability awards.
Suspension of certificates
The Canadian Energy Regulator Commission may suspend energy certificates by order if the certificate holder requests suspension, consents to it, or breaches certificate conditions. Before suspending for non-compliance, the Commission must provide written notice and opportunity for the holder to respond.
Role of the board of directors
Section 17 of the Canadian Energy Regulator Act establishes the board of directors' governance role, requiring it to provide strategic direction and advice to the Regulator while being prohibited from influencing specific Commission decisions or recommendations. The board may establish bylaws for its operations, with quorum defined as a majority of directors including the Chairperson.
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.
Grounds for making order
Section 109 of the Canadian Energy Regulator Act authorizes inspection officers to issue orders directing persons to cease contraventions, implement compliance measures, or prevent hazards to safety, security, property, or the environment. Orders may suspend facility operations until remediation is complete, with mandatory written notice and reporting to the Commission.
Rules of General Applicability to Domestic Licensing of Byproduct Material
10 CFR Part 30 establishes NRC licensing requirements for domestic possession, production, transfer, and use of byproduct material, including accelerator-produced radioactive material and radium-226 sources. The regulation prescribes general applicability rules, defines licensed activities, and sets compliance deadlines for government agencies and Indian Tribes (2007–2009). It also subjects suppliers of components and services to enforcement action for violations.
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.
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.
Standard Specifications for the Granting of Patent Licenses
This regulation establishes standard specifications for the Nuclear Regulatory Commission to grant patent licenses on inventions vested in or controlled by the Commission under the Atomic Energy Act of 1954. It defines NRC inventions and foreign inventions, sets procedures for license applications and electronic communications, and specifies that only written interpretations by the General Counsel are binding on the Commission.
Determining compensation
Section 169 of the Canadian Energy Regulator Act establishes the Tribunal's procedure for determining compensation when amending a decision on reconsideration. The Tribunal must decide whether to award compensation for compensable damage claimed, calculate amounts per regulations accounting for prior payments, and may award authorized costs. Written notice must specify compensation awarded, cost determinations, regulatory reductions, and previously paid amounts.
Definition of document of authorization
Section 9 of the Canadian Energy Regulator Act defines 'document of authorization' as regulatory instruments issued by the CER, including certificates, permits, authorizations, licenses, and orders that establish the legal framework for energy infrastructure regulation in Canada.
Show cause hearing relating to waste
Under the Canadian Energy Regulator Act, the Commission holds show cause hearings on applications by the Chief Conservation Officer regarding waste in oil and gas pool recovery. If waste is found, the Commission may order gas collection, processing, reinjection schemes, or pool repressurizing/recycling, and may shut in non-compliant pools unless approved schemes are operational by specified dates.
Role of Chairperson
Section 19 of the Canadian Energy Regulator Act defines the Chairperson's authority to preside over board meetings and perform assigned duties. The Vice-Chairperson may temporarily assume the role during absences but requires Governor in Council approval to act beyond 90 days.
Delay of issuance
The Canadian Energy Regulator may recommend to the Minister that an electricity export application be designated by Governor in Council order and may delay permit issuance during this process. The Commission must avoid duplicating provincial measures, consider effects on other provinces, verify the applicant offered domestic buyers fair access to available electricity at comparable terms, and account for regulatory factors.
Variation or transfer of permits
The Canadian Energy Regulator Commission may vary or transfer permits issued under the Canadian Energy Regulator Act either on its own motion or upon application. When varying or transferring a permit, the Commission may impose new or modified conditions it deems necessary to advance the Act's purposes and provisions.
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.
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.
Operators' Licenses
10 CFR Part 55 establishes NRC procedures and criteria for issuing, maintaining, and renewing operator and senior operator licenses for nuclear utilization facilities. It defines license requirements, scope of applicability to individuals manipulating reactor controls or directing licensed activities, and sets forth key definitions including operators, senior operators, simulation facilities, and performance testing standards.
Licenses and Radiation Safety Requirements for Well Logging
10 CFR Part 39 establishes licensing and radiation safety requirements for the use of licensed materials—including sealed sources, radioactive tracers, markers, and uranium sinker bars—in well logging operations. The regulation prescribes definitions, operational requirements, supervisory standards, and compliance obligations for persons handling radioactive sources at temporary jobsites, including personal supervision, safety reviews, and cross-referenced NRC regulatory provisions.
Licence Application Guide: Licence to prepare Site for a Deep Geological Repository
REGDOC-1.2.3 is the Canadian Nuclear Safety Commission's licence application guide for entities seeking to obtain a licence to prepare sites for deep geological repositories (DGR) of radioactive waste. It establishes comprehensive requirements across management systems, radiation protection, safety analysis, environmental protection, waste management, security, and public engagement, applying a risk-proportionate graded approach throughout the DGR lifecycle and site preparation stages.
Offence and punishment
Section 379 of the Canadian Energy Regulator Act establishes criminal offences and penalties for contraventions of the Act or regulations. Summary conviction carries fines up to $100,000 or one year imprisonment; indictable offence carries fines up to $1,000,000 or five years imprisonment. Due diligence is a defence. Corporate officers, directors, and agents who direct or participate in offences are liable. Each day of continued violation constitutes a separate offence.
Regulations — Governor in Council
Section 372 of the Canadian Energy Regulator Act authorizes the Governor in Council to establish regulations governing the export licensing, movement, and inspection of designated oil and gas from Canada. The Regulator may prescribe license application requirements, validity periods, export quantities, inspection standards for related equipment and records, and measurement units for oil and gas transportation.
Limitation
Canadian Energy Regulator Act section 241 requires pipeline companies to obtain Commission approval before abandoning any pipeline. Companies must notify affected landowners and publish notices in local media. Mandatory public hearings apply if written opposition is filed unless withdrawn or deemed frivolous. The Commission may impose conditions on abandonment approvals, and companies remain liable for abandoned pipelines.
Effect of election
Section 260 of the Canadian Energy Regulator Act establishes that filing an election under section 259 for international power lines prevents new permit issuance, converts pending applications to certificate applications, and revokes existing permits or certificates. Applicants or permit holders who file the election and are acquiring or leasing land become liable for all damages and reasonable costs incurred by landowners from abandonment of such acquisition or lease.
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.
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.
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.
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.
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.
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.
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.
Information Dissemination: Licensing Process for Class I Nuclear Facilities and Uranium Mines and Mills, Version 2.1
REGDOC-3.5.1 outlines the Canadian Nuclear Safety Commission's licensing process for Class I nuclear facilities and uranium mines and mills. All persons and companies must obtain a CNSC licence before site preparation, construction, operation, decommissioning, or abandonment of nuclear facilities, or possession, use, transport, and storage of nuclear substances under the Nuclear Safety and Control Act. Version 2.1 is an administrative update reflecting January 2022 organizational changes to the Commission Secretariat and Secretary roles.
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.
Relocation
The Canadian Energy Regulator may order holders of international or interprovincial power line permits or certificates to relocate infrastructure when necessary to facilitate construction or relocation of other facilities. The regulator determines cost allocation between parties, requires mandatory consultation procedures, and may order reimbursement of reasonable costs incurred by persons making submissions.
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.
Measures to meet time limit
Section 42 of the Canadian Energy Regulator Act grants the Lead Commissioner authority to take administrative measures to ensure prescribed time limits for energy applications are met, including removing or reassigning commissioners, adjusting panel composition, or designating a single commissioner to handle the application.
Powers of liquidators, trustees, etc.
Section 5 of the Canadian Energy Regulator Act expands the definition of 'company' for regulatory purposes to include liquidators, receivers, managers, and trustees authorized to operate businesses; persons operating pre-1953 pipelines or exempted pipelines; Quebec court-appointed administrators; and successors handling abandoned pipelines.
Site Evaluation and Site Preparation for New Reactor Facilities, Version 1.3
REGDOC-1.1.1 establishes Canadian Nuclear Safety Commission requirements for site evaluation and preparation of new reactor facilities, including nuclear power plants and small modular reactors. Applicants must characterize sites, assess severe external events and multiple simultaneous accidents, and demonstrate adequate safety measures during site preparation and construction using a risk-informed, graded approach.
Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions
10 CFR Part 51 establishes environmental protection regulations for the Nuclear Regulatory Commission's domestic licensing and regulatory functions. The regulations implement Section 102(2) of the National Environmental Policy Act of 1969 and apply to NRC licensing proceedings for production, utilization, and materials facilities, excluding export licensing and foreign environmental effects. Key definitions include construction activities, previously disturbed areas, and NRC organizational roles.
Recovery of loss, etc., caused by debris
Section 302 of the Canadian Energy Regulator Act establishes strict liability for losses, damages, and costs arising from debris generated during authorized energy work. Authorization holders are liable up to $1 billion (with reduced limits in Arctic Waters), while parties responsible for debris are jointly and severally liable based on fault. Claims prioritize personal losses, then government costs, then non-use value losses (recoverable only by government).
Court of record
The Canadian Energy Regulator is established as a court of record with superior court powers, enabling it to compel witness testimony, demand document production, enforce orders, and inspect property. All proceedings must be handled expeditiously while maintaining procedural fairness and natural justice.
Financial Guarantees for Decommissioning of Nuclear Facilities and Termination of Licensed Activities
REGDOC-3.3.1 establishes requirements for applicants and licensees of Canadian nuclear facilities to establish and maintain financial guarantees ensuring sufficient funds for safe decommissioning and termination of licensed activities. The regulation applies to Class IA/IB nuclear facilities, uranium mines and mills, and waste nuclear substances licenses under the Nuclear Safety and Control Act, superseding the 2000 guidance document G-206.
Relocation
The Canadian Energy Regulator may order pipeline companies to relocate pipelines when necessary for safety, environmental protection, public infrastructure projects, or to prevent interference with drainage systems. The regulator determines cost allocation among parties, ensures procedural compliance with prior consultation requirements, and may award reasonable costs to regulatory proceeding participants.
Jurisdiction
The Canadian Energy Regulator has exclusive jurisdiction to investigate non-compliance with the Act and authorization conditions, inquire into accidents involving pipelines, abandoned pipelines, international power lines, and offshore renewable energy projects, and issue findings, recommendations, and orders in the public interest.
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.