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Establishment of Tribunal
Section 143 of the Canadian Energy Regulator Act authorizes the Governor in Council to establish a pipeline claims tribunal to examine and adjudicate compensation claims arising from pipeline releases. The tribunal may only be established if deemed in the public interest based on extent of damage, estimated costs, and administrative advantages. The tribunal must operate equitably without discrimination based on nationality or residence.
Regulations respecting accounts, etc.
The Canadian Energy Regulator may establish regulations governing accounting practices and record-keeping for pipeline operators, oil/gas/electricity exporters, and licensed entities. Requirements cover account maintenance methods, depreciation accounting, uniform account systems, and submission of records on capital, revenues, expenses and operational matters. Violations are summary offences unless due diligence is demonstrated.
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.
Review
The Canadian Energy Regulator Commission must conduct or arrange reviews of violation notices upon request. When a violation notice was issued by a designated person under the CER Act, the Commission must conduct the review directly without delegation.
Coming into force and cessation of effect — Commission
Section 67 of the Canadian Energy Regulator Act empowers the Commission, designated officers, and inspection officers to specify effective and cessation dates for authorization documents and orders, or impose conditions controlling their timing. Interim orders may be issued with decisions reserved, except for Part 3 certificates.
Admissibility of documents
Under Canadian Energy Regulator Act section 134, documents appearing to be notices issued under subsection 120(1) are presumed authentic and constitute proof of their contents in violation proceedings unless contrary evidence is presented.
Members of Tribunal
Section 146 of the Canadian Energy Regulator Act specifies the composition and appointment of the Tribunal. The Tribunal must have at least three members appointed by the Governor in Council on ministerial recommendation for terms up to five years. Members must be retired superior court judges or legal professionals with at least 10 years standing at a provincial bar or Quebec notary chamber. The Governor in Council may appoint replacements and sets member compensation.
Staff
Section 150 of the Canadian Energy Regulator Act authorizes the Tribunal to employ necessary staff, define their duties and employment conditions, and set compensation with Treasury Board approval.
Frivolous or vexatious claims
The Canadian Energy Regulator Act empowers the Tribunal to dismiss compensation claims or reconsideration applications it deems frivolous or vexatious, protecting regulatory resources from non-meritorious proceedings.
Mandate
The Canadian Energy Regulator's mandate encompasses making transparent decisions and orders on pipelines, power lines, and offshore renewable energy projects; overseeing their construction, operation, and abandonment; setting traffic, tolls, and tariffs; managing oil and gas interests; providing advisory services and dispute resolution; and exercising authority while respecting Indigenous peoples' rights.
Apportionment of work
The Chief Executive Officer of the Canadian Energy Regulator must allocate work tasks and responsibilities among designated officers for powers, duties, and functions specified in regulations made under section 54.
Notice of decision
The Canadian Energy Regulator must promptly issue written decisions with detailed reasons to all persons who made representations at public hearings regarding pipeline plan, profile, and book of reference approvals or refusals.
Costs of making representations
The Canadian Energy Regulator Commission may order pipeline companies to reimburse reasonable costs incurred by persons making representations at public hearings concerning pipeline routes, payable on an interim or final basis without delay.
Application for correction of errors
Under Canadian Energy Regulator Act section 208, pipeline companies must apply to the Regulator for a permit to correct any omissions, misstatements, or errors in registered plans, profiles, or books of reference. Once the Regulator issues a permit and certified copies are deposited with the appropriate land registry office, the documents are deemed corrected and pipeline construction may proceed in accordance with the correction.
Appeal to Federal Court of Appeal
Section 72 of the Canadian Energy Regulator Act establishes the procedure for appealing Commission decisions to the Federal Court of Appeal on questions of law or jurisdiction. Applications for leave to appeal must be filed within 30 days of the decision, extendable only in exceptional circumstances, and appeals must be brought within 60 days of leave approval. Impact assessment reports are excluded from appealable decisions, and commissioners cannot be awarded costs in appeals.
Application of certain provisions
Section 290 of the Canadian Energy Regulator Act applies compliance provisions (sections 315–318 and 341) to international and interprovincial power lines subject to regulatory orders. Permit and certificate holders must comply, except for activities authorized by leave, facilities with existing certificate conditions, navigable water crossings, and authorizations issued before July 3, 2013.
Decisions final
Section 70 of the Canadian Energy Regulator Act establishes that decisions and orders issued by the Commission, designated officers, and inspection officers are final and conclusive, with no further appeal unless explicitly provided elsewhere in the Act.
Confidentiality
Section 60 of the Canadian Energy Regulator Act authorizes the Commission and designated officers to issue confidentiality orders protecting information in regulatory proceedings. Confidentiality may be granted to prevent material financial loss or competitive prejudice, to protect confidential financial, commercial, scientific or technical information when the discloser's interest outweighs public interest, or when disclosure poses real and substantial risks to safety, well-being, property or the environment.
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.
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.
Reasons
The Canadian Energy Regulator and its designated officers must issue written reasons for all decisions and orders, which must be made publicly available except for decisions concerning only internal administrative matters.
Appeal to Commission
Section 71 of the Canadian Energy Regulator Act establishes the right to appeal decisions or orders made by designated or inspection officers to the Commission, which may dismiss, allow, vary, or rescind the decision or order.
Regulations
Section 78 of the Canadian Energy Regulator Act grants the Governor in Council authority to make regulations governing the Minister's power to enter into arrangements under section 77, including rules for procedures, applicable circumstances, required contents, and modifications to statutory or regulatory provisions.
Confidentiality — Indigenous knowledge
Section 58 of the Canadian Energy Regulator Act protects the confidentiality of Indigenous knowledge shared with the Regulator. Disclosure without written consent is prohibited, except when the knowledge is publicly available, necessary for procedural fairness in legal proceedings (with mandatory prior consultation), or authorized by regulation. The Regulator may impose conditions on disclosure and has immunity from liability for good-faith disclosures.
Application — Special Act lands
Under the Canadian Energy Regulator Act, any provision or regulation that applies to ordinary lands automatically extends to Special Act lands, ensuring uniform regulatory oversight and compliance requirements across all land categories within the regulator's jurisdiction.
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.
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.
Voluntary reporting
The Canadian Energy Regulator may establish voluntary reporting systems for alleged non-compliance with the Canadian Energy Regulator Act, subject to Governor in Council approval. Regulations may protect reporter identity, making identity-revealing information privileged and inadmissible in legal or disciplinary proceedings. Reports from protected systems cannot be used against the reporter.
Reports and recommendations to Minister
The Canadian Energy Regulator may submit reports to the Minister recommending measures for control, supervision, conservation, use, marketing and development of energy resources, and for ensuring the safety and security of regulated and abandoned energy facilities.
Authority to enter
Section 103 of the Canadian Energy Regulator Act authorizes inspection officers to enter non-dwelling facilities without warrant to verify compliance with energy regulations. Officers may examine equipment, access computer systems, conduct tests and sampling, take photographs, remove items for analysis, and direct operational changes. Property owners must provide reasonable assistance and access to documents and information.
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.
Other requests
The Canadian Energy Regulator may provide advisory services on energy matters, energy sources, and safety and security of regulated and abandoned facilities to federal, provincial, and territorial government departments, ministries, and agencies upon request.
Orders
The Canadian Energy Regulator Commission is authorized to issue orders regarding all matters related to traffic, tolls, and tariffs for energy infrastructure and transportation services under its regulatory jurisdiction.
Appointment
Section 15 of the Canadian Energy Regulator Act establishes procedures for appointing the CER's Chairperson, Vice-Chairperson, and directors by the Governor in Council on a part-time basis for terms up to five years, with reappointment eligibility. Appointees must be Canadian citizens or permanent residents and cannot simultaneously hold positions as CER employees, commissioners, or Chief Executive Officer.
Effect of appeal
An appeal of a Canadian Energy Regulator order does not automatically suspend enforcement, but the Commission may exercise discretion to grant a stay of the order pending the appeal's outcome.
Definitions
Section 113 of the Canadian Energy Regulator Act establishes legal privilege protection for voice and video recordings of operating personnel at regulated energy facilities. Recordings are privileged and non-disclosable except when requested by the Regulator for accident inquiries, by coroners for investigations, or when courts determine public interest in justice outweighs privilege. Recordings cannot be used in disciplinary proceedings against facility operators or employees.
Certain defences not available
Section 121 of the Canadian Energy Regulator Act removes due diligence and honest belief as available defences for persons cited in violation notices. Common law justifications and excuses remain applicable if consistent with the Act.
Interim tolls
The Canadian Energy Regulator may direct pipeline companies to refund tolls charged above just and reasonable amounts under interim orders, or recover shortfalls through subsequent tolls, with interest determined by the regulator.
Burden of proof
Under Canadian Energy Regulator Act section 129, when a violation notice is reviewed, the issuing authority must establish on a balance of probabilities that the named person committed the identified violation.
Existing terms and conditions
Section 222 of the Canadian Energy Regulator Act deems all terms and conditions imposed on pipelines before July 3, 2013 under the National Energy Board Act to be conditions of CER certificates or orders. Pipeline companies must construct pipelines according to previously specified orders, regulations, plans, and specifications, or as directed by the Commission.
Authorized tolls
Section 229 of the Canadian Energy Regulator Act prohibits pipeline companies from charging tolls unless authorized by filed and approved tariffs or Commission orders. When companies own the oil, gas, or commodities transported through their pipelines, they must file sales contracts and amendments with the Regulator upon request, which are treated as tariffs for regulatory purposes.
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.
Jurisdiction — Inuvialuit Settlement Region
The Canadian Energy Regulator has regulatory jurisdiction over onshore oil and gas operations in the Inuvialuit Settlement Region of the Northwest Territories until March 31, 2034. After that date, continued federal regulation requires mutual agreement between Canada and the Northwest Territories, renewable in successive 20-year periods or subject to earlier termination by agreement.
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.
Application
Section 251 of the Canadian Energy Regulator Act applies federal regulatory requirements for international power lines to provinces with designated provincial regulatory agencies, unless the province opts out by filing an election under section 259.
Variation or transfer
The Canadian Energy Regulator Commission may vary or transfer energy authorizations either on its own motion or upon application, and may impose new, modified, or additional conditions as part of such variations or transfers.
Orphan Pipelines Account
The Canadian Energy Regulator Act establishes an Orphan Pipelines Account to manage surplus security funds from abandoned pipelines. Surplus amounts—calculated as ordered security minus actual abandonment costs—may be credited to the account and earn annual interest. The account can fund abandonment costs when company security is insufficient, but companies remain fully liable for all abandonment obligations.
Application of provincial laws
Provincial electricity transmission laws apply to portions of international power lines located within provincial boundaries, establishing concurrent provincial jurisdiction over interprovincial and international electricity transmission infrastructure.
Continuation of jurisdiction and obligation
Section 189 of the Canadian Energy Regulator Act clarifies that procedural delays do not strip the Regulator of jurisdiction over applications or reporting obligations, and all actions taken remain valid. The Governor in Council may also issue orders under section 186(1) even after statutory time limits have expired.
Prohibition
A person must obtain Canadian Energy Regulator approval of plans, profiles, and books of reference for any international or interprovincial power line section before construction begins, and must deposit certified copies in the relevant land registry offices.