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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.
For greater certainty
Issuance of a Canadian Energy Regulator certificate or approval of plans, profiles, and books of reference does not exempt regulated companies from compliance with other provisions of the Canadian Energy Regulator Act.
Impact Assessment Act
The Canadian Energy Regulator must rule on exemption applications for federally-designated projects within seven days of the impact assessment decision statement being published. Standard procedural timelines are suspended during this expedited review period.
Facility Security Clearance and Safeguarding of National Security Information and Restricted Data
Vacancy
A vacancy on the board of directors of the Canadian Energy Regulator does not impair the authority or legal right of the remaining directors to act and conduct business.
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.
Order designating Minister
Administrative provision enabling the Governor in Council to designate a federal minister responsible for administering the Canadian Energy Regulator Act.
Criteria and Procedures for Determining Eligibility for Access to or Control over Special Nuclear Material
Risk-Informed, Technology-Inclusive Regulatory Framework for Commercial Nuclear Plants
Regulations — Governor in Council
The Governor in Council and Canadian Energy Regulator are authorized to establish regulations governing electricity export permits and licences, including permit conditions, factors for permit designation and licence issuance decisions, inspection protocols for equipment and records, application information requirements, and measurement standards for electricity exportation.
Operators' Licenses
Issuance and service of notice of violation
Section 120 of the Canadian Energy Regulator Act enables designated persons to issue notices of violation to those reasonably believed to have committed regulatory offences. Notices must identify the violator, describe relevant facts, state the penalty amount, and inform recipients of their right to request review and payment procedures. Failure to pay or request review within the specified period results in deemed violation and liability.
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.
Application of provisions in Part 4
Section 305 of the Canadian Energy Regulator Act applies regulatory provisions for international and interprovincial power lines to offshore power lines, treating permits and certificates as authorizations. Subsection 273(2) applies only to offshore power line segments within provincial jurisdiction.
Issuance
The Canadian Energy Regulator may issue authorizations for offshore renewable energy projects and associated power lines. Applications must include prescribed information about proposed works, facilities, and equipment. The regulator must decide within 300 days, considering environmental effects, safety, health, social and economic impacts, Indigenous interests and rights, climate change alignment, and relevant impact assessments before imposing conditions.
Prohibition
Operators of international or interprovincial power lines must obtain Canadian Energy Regulator Commission approval before abandoning operations. The Commission may grant abandonment authorization by order upon application by the permit or certificate holder.
Purpose
Section 136 of the Canadian Energy Regulator Act establishes that sections 137–142 reinforce the polluter-pays principle by imposing financial requirements on companies authorized to construct or operate pipelines in Canada.
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.
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.
Power and Transmission Rates
10 CFR Part 903 establishes procedures for public participation in power and transmission rate adjustments by four federal Power Marketing Administrations (Alaska, Southeastern, Southwestern, and Western Area). The regulations define rate development processes, public consultation requirements, Secretary interim approval, and FERC submission, distinguishing minor adjustments (under 1% revenue change or systems with low capacity/sales) from major adjustments requiring full public participation.
Standard Contract for Disposal of Spent Nuclear Fuel and/or High-Level Radioactive Waste
10 CFR Part 961 establishes standard contract terms for the Department of Energy to accept title to, transport, and dispose of spent nuclear fuel and high-level radioactive waste from civilian nuclear power reactor owners and generators. Owners and generators pay fees to recover DOE's full disposal costs, with receipts deposited in the Nuclear Waste Fund. Contracts must be executed by June 30, 1983, or by the date the owner/generator commences generation or takes title to such waste, whichever is later.
Amount paid out of Fund
Section 171 of the Canadian Energy Regulator Act authorizes payments from the Consolidated Revenue Fund to cover the Regulator's operational costs, including tribunal member and staff remuneration, legal services, publishing expenses, and administrative support. The Minister of Finance establishes payment amounts in consultation with the Minister of Natural Resources.
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.
Immunity
Section 148 of the Canadian Energy Regulator Act grants civil immunity to Tribunal members for actions or omissions undertaken in the exercise or purported exercise of their powers, duties, or functions.
Regulations — compensation
Section 173 of the Canadian Energy Regulator Act authorizes the Governor in Council to establish regulations governing compensation for energy infrastructure incidents. Regulations may prescribe claim deadlines, authorize interim awards and fee/expense coverage, establish damage priority classes, set compensation caps, allow payment postponement or scheduling, and provide interest provisions. Environmental non-use value damages are explicitly excluded from compensable losses.
Designation of inspection officers
The Canadian Energy Regulator's CEO may designate inspection officers to enforce safety, security, environmental, and property protection regulations at regulated and abandoned energy facilities. All designated officers must be provided with a certificate of authority and must produce it upon request.
Power of the Regulator
The Canadian Energy Regulator is authorized to make regulations prescribing circumstances under which periods may be excluded from time limit calculations in regulatory proceedings, providing procedural flexibility in managing application and decision timelines.
General Regulations for the Charges for the Sale of Power from the Boulder Canyon Project
The Western Area Power Administration establishes general regulations for computing charges for electricity sales from the Boulder Canyon Project (Hoover Dam), effective June 1, 1987. The regulations define methodology for pricing capacity and energy sales under authority of the Boulder Canyon Project Act of 1928, the Adjustment Act of 1940, and the Hoover Power Plant Act of 1984, superseding prior regulations and defining key billing and contractual terms.
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.
Recommendation not to vary or transfer
Under Canadian Energy Regulator Act section 192, if the Commission recommends against varying or transferring an energy certificate, the Governor in Council may issue an order directing the Commission to decline the variation or transfer or to reconsider the matter.
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.
Procedures for Determining Eligibility for Access to Classified Matter and Special Nuclear Material or Eligibility to Hold a Sensitive Position
This Department of Energy regulation establishes procedures for determining eligibility of DOE employees, contractors, and other designated persons for access to classified information, special nuclear material, and sensitive positions. It implements multiple executive orders and the National Security Adjudicative Guidelines, outlining administrative review and appeals processes while ensuring fairness and preventing retaliation.
Recovery of overpayment
Section 166 of the Canadian Energy Regulator Act establishes that overpayments to claimants, amounts paid under rescinded tribunal decisions, and excess amounts from amended decisions are debts owed to Canada, recoverable under the Financial Administration 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.
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 of provisions in Part 6
Section 306 of the Canadian Energy Regulator Act extends Part 6 regulatory provisions to offshore power lines in provincial waters. Pipeline transportation requirements are adapted for electricity transmission, with applicants and authorization holders required to comply with specified sections. Exemptions apply for facility-sharing and shared-use arrangements where regulatory leave or authorization conditions are obtained.
Definition of Nonrecourse Project-Financed
This regulation defines 'nonrecourse project-financed' under the Clean Air Act Amendments of 1990 for identifying new independent power production facilities. Nonrecourse project-financed means debt is secured by facility assets and revenues (including electric output sales), with electric utilities having no repayment obligation. Limited guarantees and cost overrun commitments do not disqualify a facility provided the borrower's primary repayment obligation derives from facility revenues. Fully equity-financed projects also qualify.
Protection of Human Subjects
10 CFR Part 745 establishes the Federal Policy for the Protection of Human Subjects, applying to all federally-conducted, supported, or regulated research involving human subjects. Department heads determine coverage and may grant waivers consistent with Belmont Report principles. The policy permits equivalent foreign procedures and does not supersede state, local, tribal, or foreign laws providing additional protections.
Transfer of Real Property at Defense Nuclear Facilities for Economic Development
10 CFR Part 770 establishes procedures for the Department of Energy to transfer real property at closed or downsized defense nuclear facilities through sale or lease to support economic development. The rule includes indemnification procedures for claims arising from releases of hazardous substances or contaminants resulting from DOE activities, subject to NEPA review and fund availability.
Reimbursement for Costs of Remedial Action at Active Uranium and Thorium Processing Sites
10 CFR Part 765 establishes federal reimbursement procedures for remedial action costs at active uranium and thorium processing sites licensed under the NRC or Agreement States. Licensees may claim reimbursement for decontamination, decommissioning, reclamation, and other remedial costs attributable to byproduct material from US sales, subject to individual site caps of $6.25 per ton and aggregate caps of $350 million for uranium and $365 million for thorium sites, both adjusted for inflation.
Claims for Patent and Copyright Infringement
10 CFR Part 782 establishes procedures for the Department of Energy to investigate, settle, and dispose of patent and copyright infringement claims. Claimants must submit written claims with allegations of infringement, compensation requests, patent/copyright citations, identification of allegedly infringing items or processes, and supporting documentation. The General Counsel is authorized to investigate and administratively resolve claims before litigation.
Nuclear Safety Management
10 CFR Part 830 establishes nuclear safety management requirements for DOE contractors, personnel, and other parties conducting activities affecting DOE nuclear facility safety. It excludes NRC-licensed activities, Naval Nuclear Propulsion operations, DOT-regulated transportation, nuclear waste activities, and space-based nuclear systems. The regulation defines key safety concepts including documented safety analyses, hazard categories, criticality, technical safety requirements, and administrative controls, applying a graded approach to compliance proportional to facility hazards and mission.
Restrictions on Aircraft Landing and Air Delivery at Department of Energy Nuclear Sites
10 CFR Part 862 prohibits aircraft landing, air delivery, and aircraft operations at DOE nuclear sites, with limited exceptions for federal government, state/local law enforcement, and emergency landings. The rule defines applicable aircraft types, designated sites, and procedures for removal of downed aircraft. Violations may result in criminal penalties under the Atomic Energy Act.
Conflict of Interest Act
Canadian Energy Regulator directors must disclose conflicts of interest, including direct involvement in hydrocarbon, electricity, or offshore energy production, trading, transmission, import/export; holdings of securities in energy corporations; and outside employment inconsistent with regulatory duties.
Governor in Council directions
Section 13 of the Canadian Energy Regulator Act empowers the Governor in Council to issue binding policy directions to the Canadian Energy Regulator on broad matters within its regulatory mandate. All such directions must be published in the Canada Gazette and tabled in Parliament.
Patent Compensation Board Regulations
10 CFR Part 780 establishes procedures for the Patent Compensation Board under the Department of Energy to handle atomic energy patent proceedings. The Board determines reasonable royalty fees, grants awards, declares patents affected with public interest, issues patent licenses, and awards compensation under the Atomic Energy Act of 1954 and Invention Secrecy Act. The regulations define the Board's jurisdiction, filing procedures, document service requirements, and application processes.
Standby Support for Certain Nuclear Plant Delays
10 CFR Part 950 establishes a standby support program providing risk insurance contracts to sponsors of new advanced nuclear facilities approved after 1993. The program covers costs from delays caused by NRC regulatory review failures, pre-operational hearings, or litigation, with indemnification up to $500 million for the first two reactors and $250 million for subsequent reactors.
General Guidelines for the Preliminary Screening of Potential Sites for a Nuclear Waste Repository
10 CFR Part 960 establishes general guidelines for the preliminary screening and evaluation of potential sites for nuclear waste repositories under the Nuclear Waste Policy Act of 1982. The regulations define key terms such as accessible environment, candidate sites, containment, and controlled areas, and establish the framework by which the Department of Energy evaluates site suitability in coordination with the NRC and affected states and Indian tribes.
Vacancy
A vacancy in the Canadian Energy Regulator Commission does not impair the authority of remaining commissioners to perform their regulatory functions and duties.
Public hearings
Section 161 of the Canadian Energy Regulator Act requires tribunal hearings to be held publicly, but permits closed proceedings when a public hearing would not serve the public interest, personal privacy concerns outweigh transparency, or confidential business information risks disclosure.