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Licence Application Guide: Licence to Construct A Reactor Facility, Version 2

Confidentiality

The Canadian Energy Regulator or a designated officer may take enforcement measures and issue orders to ensure compliance with confidentiality and information disclosure obligations under section 58 and related regulations.

Instructions regarding timeliness

The Lead Commissioner of the Canadian Energy Regulator may issue procedural instructions to commissioners handling applications to ensure timely processing and resolution of matters before the Commission.

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.

Financial resources

Pipeline companies authorized under the Canadian Energy Regulator Act must maintain financial resources sufficient to cover liability limits set by the Commission. The Commission may specify required types and amounts of financial resources, including letters of credit, guarantees, bonds, insurance, and readily accessible funds. Companies must demonstrate compliance upon request and maintain these resources until obtaining abandonment approval.

Suspension or revocation of licences — contravention

The Canadian Energy Regulator may suspend or revoke a licence if the holder breaches a licence condition or if the regulator deems it in the public interest (with ministerial approval). The licence holder must receive notice of the alleged contravention and an opportunity to respond before any order is made.

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.

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.

Licence Application Guide: Class IB Processing Facilities

Licence Application Guide: Nuclear Substances and Radiation Devices, Version 2.1

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.

Personnel Certification: Radiation Safety Officers

Rules

The Canadian Energy Regulator Commission is authorized to establish procedural rules governing its operations, including the powers and duties of commissioners, conduct of hearings, issuance of decisions and orders, and internal administrative procedures.

Licence Application Guide: Licence to prepare Site for a Deep Geological Repository

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.

Authorization to continue

Under the Canadian Energy Regulator Act section 51, the Lead Commissioner may authorize a departing commissioner to continue exercising regulatory powers in assigned matters until final decisions are issued, subject to conditions specified by the Lead Commissioner.

Reporting Requirements, Volume I: Non-Power Reactor Class I Facilities and Uranium Mines and Mills, Version 1.1

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).

Effects of recommendation on navigation

The Canadian Energy Regulator must consider navigation safety impacts as a material factor when recommending pipeline approvals and making regulatory decisions for pipelines crossing navigable waters.

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.

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.

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.

Acting Lead and Deputy Lead Commissioners

Establishes succession procedures for the Canadian Energy Regulator: when both the Lead Commissioner and Deputy Lead Commissioner are absent, unable to act, or their positions are vacant, the Minister may designate another commissioner as acting Lead Commissioner for up to 90 days; longer appointments require Governor in Council approval.

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.

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.

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.

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.

Time limit

The Canadian Energy Regulator must decide on oil and gas export licence applications within 180 days of receiving a complete application. The Minister may extend the deadline by up to 90 days, and the Governor in Council may grant further extensions. Time spent by applicants responding to information or study requests is excluded from the time limit calculation. Failure to meet the deadline does not affect the Regulator's jurisdiction or invalidate the licence.

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.

Protection of mines

Pipeline companies must obtain authorization from a designated officer before locating, constructing, or operating pipelines in ways that obstruct, interfere with, or adversely affect active mining operations or lawful mine development preparations.

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.

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.

Disallowance

The Canadian Energy Regulator Commission may disallow tariffs or portions thereof that violate the Canadian Energy Regulator Act or Commission orders, and may require companies to file compliant replacement tariffs within a prescribed timeframe or prescribe alternative tariffs directly.

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.

Probabilistic Safety Assessment (PSA) for Reactor Facilities, Version 2

Power lines not works

International and interprovincial power lines subject to Canadian Energy Regulator orders are excluded from the definition of 'work' under the Canadian Navigable Waters Act, removing them from that Act's regulatory jurisdiction.

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.

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.

Issuance

The Canadian Energy Regulator Commission may issue electricity export licences subject to Governor in Council approval. Before issuing, the Commission must consider interprovincial effects, confirm applicants have informed domestic buyers of available quantities and service classes, and given domestic buyers equal opportunity to purchase on comparable terms. Any existing permits are revoked if the export licence is denied.

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.

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.

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.

Domestic Licensing of Special Nuclear Material

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.

Regulations

Section 333 of the Canadian Energy Regulator Act grants the Regulator authority to establish regulations governing land acquisition, leasing, expropriation, and compensation for energy projects. The regulations may address compensation procedures, notice service requirements, acquisition processes, agreement terms, approval criteria, and filing of voluntary landowner agreements.

Abandoned facilities

Under Canadian Energy Regulator Act section 101, persons must obtain authorization from a designated officer before contacting, altering, or removing abandoned energy facilities. The Regulator may establish regulations and the Commission may issue orders specifying circumstances in which such authorization is not required.

Requirements for Renewal of Operating Licenses for Nuclear Power Plants

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.

Certification of Gaseous Diffusion Plants

Order in Council

The Governor in Council may issue orders placing supervision and control of designated oil or gas movement from specified areas under the Canadian Energy Regulator. While such an order is in force, persons moving designated oil or gas from the area must hold a licence under the relevant Division or comply with applicable regulations.