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Payment by Regulator
Administrative provision requiring the Canadian Energy Regulator to pay remuneration and expenses for board members and staff as prescribed by the Canadian Energy Regulator Act.
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.
Examinations
Under Canadian Energy Regulator Act section 156, a Tribunal may require claimants or applicants to undergo medical or other examinations deemed reasonably necessary for adjudicating compensation claims or reconsideration applications.
Written submissions
Under Canadian Energy Regulator Act section 158, a Tribunal may examine and adjudicate compensation claims or reconsideration applications based solely on written submissions, without requiring oral hearings.
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.
Regulations — Tribunal
Section 172 of the Canadian Energy Regulator Act grants the Governor in Council authority to establish regulations governing the Canadian Energy Regulator Tribunal, covering member appointment conditions, conflict of interest rules, chairperson powers and duties, procedures for member transitions, staff employment terms, and operational governance to enable the Tribunal's functions.
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.
Immunity
Inspection officers appointed under the Canadian Energy Regulator Act are granted civil immunity for actions or omissions made in good faith while exercising their statutory powers and performing duties under the Act.
Subsequent applications with leave
Section 177 of the Canadian Energy Regulator Act establishes that once a court has heard an application under subsection 176(1) against an offender, no further applications under section 176 against the same offender may be made without obtaining court permission.
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.
Annual report
The Canadian Energy Regulator must submit an annual report to the Minister within 120 days following each fiscal year ending March 31, detailing its activities under the Act. The Minister must present the report to Parliament within 15 sitting days of receipt. Additional reports may be submitted at the regulator's discretion.
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.
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.
Order to reconsider
Section 193 of the Canadian Energy Regulator Act grants the Governor in Council authority to order the Commission to reconsider its decisions, with discretion to specify factors for consideration and completion timelines. The Commission must report any resulting changes to its recommendations back to the Governor in Council.
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.
Payment of Travel Expenses of Persons Who Are Not Government Employees
10 CFR Part 1060 establishes Department of Energy policies authorizing payment of travel expenses for non-government employees in specific circumstances: invited conferees on DOE matters, prospective senior-level or shortage-position applicants, subpoenaed witnesses, travel attendants for disabled individuals, or when a principal official determines payment serves government interests. All approvals must be documented in advance, with certain officials prohibited from delegating this authority.
Debt Collection Procedures
The Defense Nuclear Facilities Safety Board adopts federal debt collection procedures from 31 CFR parts 900-904 to govern administrative collection, offset, compromise, and suspension or termination of collection activities for debts or civil claims owed to the U.S. government.
Inconsistencies
Section 79 of the Canadian Energy Regulator Act establishes a conflict-resolution hierarchy: arrangements under section 77 prevail over those under section 76 to the extent of any inconsistency between them.
Study and review
The Canadian Energy Regulator must continuously study and review energy exploration, production, processing, transmission, transportation, distribution, and trade activities both domestically and internationally, and oversee the safety and security of regulated and abandoned facilities.
Orders
The Canadian Energy Regulator may issue orders requiring facility holders to repair, reconstruct, or alter regulated facilities to ensure safety, security, and environmental protection. Orders can be directed at Indigenous bodies, governments, third parties, and others. Non-compliance authorizes the Regulator to take direct action or engage third parties, with liability protection for good-faith interventions.
Exemption orders
The Canadian Energy Regulator Commission may issue conditional exemption orders relieving regulated facility holders from specific regulatory provisions when necessary to ensure safety and security of persons and facilities, protect property, or safeguard the environment.
Prohibition — obstruction
Section 106 of the Canadian Energy Regulator Act prohibits any person from obstructing or hindering inspection officers while they exercise their powers or perform their duties and functions under the Act.
Nondiscrimination in Federally Assisted Programs or Activities Receiving Federal Financial Assistance from the Commission
10 CFR Part 4 establishes nondiscrimination requirements for programs and activities receiving federal financial assistance from the Nuclear Regulatory Commission. The regulation implements Title VI of the Civil Rights Act of 1964 (protecting against discrimination based on race, color, national origin, and sex), Section 504 of the Rehabilitation Act of 1973 (protecting individuals with disabilities), and the Age Discrimination Act of 1975 (protecting against age-based discrimination) across all NRC-funded programs, with specific exemptions for insurance contracts, procurement contracts, and general employment practices.
Prohibition — false statements or information
Section 107 of the Canadian Energy Regulator Act prohibits knowingly making false or misleading statements or providing false information to inspection officers exercising regulatory powers regarding energy matters.
Regulations
Section 98 of the Canadian Energy Regulator Act empowers the Governor in Council to establish regulations requiring pipeline operators to monitor facilities and implement preparedness and response measures for unintended or uncontrolled releases of oil, gas, or other commodities.
Administrative Remedies for False Claims and Statements
10 CFR Part 13 establishes administrative procedures for the Nuclear Regulatory Commission to impose civil penalties and assessments against persons who submit false, fictitious, or fraudulent claims or statements. The regulation implements the Administrative False Claims Act of 2023, defines key terms including claims, defendants, and procedural concepts, and specifies hearing and appeal rights for defendants.
Loans for Bid or Proposal Preparation by Minority Business Enterprises Seeking DOE Contracts and Assistance
This regulation establishes DOE policies and procedures for awarding loans to minority business enterprises to help defray costs of preparing bids and proposals for DOE contracts, subcontracts, and related research and development activities. The Office of Minority Economic Impact administers the program under authority of the DOE Organization Act, with funding subject to congressional appropriations.
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.
Notices, Instructions and Reports to Workers: Inspection and Investigations
10 CFR Part 19 establishes requirements for NRC licensees and regulated entities to provide notices, instructions, and reports to workers in nuclear-licensed activities. It defines worker rights and responsibilities during NRC inspections and investigations, including rules for compelled interviews under subpoena, and applies to all persons involved in NRC-licensed nuclear material, production/utilization facilities, and spent fuel storage installations.
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.
Standards for Protection Against Radiation
10 CFR Part 20 establishes federal standards for protection against ionizing radiation from NRC-licensed activities. It sets dose limits for individuals exposed to byproduct, source, and special nuclear materials, defines key radiation protection terms (absorbed dose, airborne radioactivity, ALARA), and applies to licensees under parts 30–72 of the CFR. Medical exposures and background radiation are excluded.
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.
Licenses and Radiation Safety Requirements for Irradiators
10 CFR Part 36 establishes licensing and radiation safety requirements for panoramic and underwater irradiators using sealed radioactive sources for gamma irradiation, with dose rates exceeding 5 grays per hour at 1 meter. The regulations exempt self-contained dry-source-storage irradiators, medical, radiography, gauging, and agricultural applications. Licensees must comply with additional federal, state, and local regulations on facility siting, zoning, and building codes.
Trespassing on Strategic Petroleum Reserve Facilities and Other Property
This regulation prohibits unauthorized entry into U.S. Department of Energy Strategic Petroleum Reserve facilities and related property, and bars the unauthorized introduction of weapons, explosives, or dangerous materials into such facilities. Violations are misdemeanors subject to maximum fines and imprisonment up to one year. The regulation requires conspicuous posting of prohibition notices at facility entrances and perimeters.
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.
Advisory Committees
This regulation establishes NRC policies and procedures for establishing, utilizing, and terminating advisory committees. Committees must comply with the Federal Advisory Committee Act and serve only in an advisory capacity. The NRC establishes committees only when required by law, essential to NRC business, or when information is unavailable elsewhere. Committees must be balanced and kept to minimum necessary size, and must be terminated when objectives are met, subject matter becomes obsolete, functions transfer elsewhere, or costs become excessive. Non-statutory committees terminate within two years unless renewed. Meetings are open to the public unless justified closure occurs.
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.
Licenses, Certifications, and Approvals for Nuclear Power Plants
10 CFR Part 52 establishes the NRC regulatory framework for issuing licenses, certifications, and approvals for nuclear power plants, including early site permits, standard design certifications, combined licenses, and manufacturing licenses. The regulation defines key terms, outlines applicability to all persons involved in licensed nuclear facility activities, and specifies compliance requirements under 10 CFR Chapter I.
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.