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Regulations
The Governor in Council may establish regulations defining circumstances under which Indigenous knowledge shared confidentially with the Canadian Energy Regulator may be disclosed without written consent, balancing regulatory transparency with Indigenous rights protection.
Confidentiality
Section 61 of the Canadian Energy Regulator Act authorizes the Commission and designated officers to issue confidentiality orders protecting sensitive information from public disclosure when disclosure poses a real and substantial risk to pipeline, power line, or offshore renewable energy infrastructure security, protective systems, or public safety.
Powers of company
Section 313 of the Canadian Energy Regulator Act grants pipeline companies authority to survey land, acquire property, construct pipelines across public and private holdings, interconnect with other infrastructure, erect supporting structures, and transport hydrocarbons and other commodities, subject to regulatory approval and applicable legislation.
Impact Assessment Act
Section 185 of the Canadian Energy Regulator Act transfers certificate application authority for designated projects under the Impact Assessment Act from the Commission to an independent review panel. The panel exercises powers under sections 182-184, coordinates with energy and environment ministers, and must submit reports within Impact Assessment Act timelines.
Service Fees Act
Section 88 of the Canadian Energy Regulator Act exempts the CER from the federal Service Fees Act, allowing it to independently set and collect fees, levies, and charges for regulating energy infrastructure projects without federal fee-setting constraints.
Definition of certified document
Section 89 of the Canadian Energy Regulator Act establishes that documents certified by authorized CER employees and sealed with the regulator's seal are admissible as evidence in legal proceedings without requiring proof of the certifier's signature or official status. Certified copies of decisions, orders, authorizations, and other regulatory documents are accepted as evidence of the originals and the facts they contain.
Public Service Superannuation Act
Section 91 of the Canadian Energy Regulator Act defines superannuation eligibility under the Public Service Superannuation Act, extending coverage to full-time commissioners, the CEO, and Regulator employees while explicitly excluding part-time commissioners and directors.
Issuance
The Canadian Energy Regulator Act s. 370 authorizes the Commission to issue licenses permitting movement of designated oil or gas out of designated areas, subject to regulatory conditions and compliance with the Act, its regulations, orders, and applicable provisions of the Energy Administration Act.
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.
Offence and punishment
Section 387 of the Canadian Energy Regulator Act establishes criminal penalties for non-compliance with Commission orders under sections 384-385. Summary conviction carries fines up to $100,000 and/or one year imprisonment; indictable conviction carries fines up to $1,000,000 and/or five years imprisonment. A due diligence defence is available, and Canada Oil and Gas Operations Act provisions apply.
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.
Technical or specialized knowledge
The Canadian Energy Regulator Act permits the Tribunal to temporarily engage legal counsel, notaries, and technical specialists to support its operations, with duties and employment conditions prescribed by the Tribunal and compensation/expenses subject to Treasury Board approval.
Staff and facilities
The Canadian Energy Regulator must provide tribunals with professional, technical, secretarial, clerical, and other necessary assistance, along with facilities and supplies required for tribunals to exercise their regulatory powers and perform their 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.
Report
The Canadian Energy Regulator must submit quarterly reports to the Minister and Minister of Finance, starting within 90 days of Tribunal establishment and every 90 days thereafter, detailing compensation and costs awarded by the Tribunal and amounts paid under specified subsections.
Companies only
Section 179 of the Canadian Energy Regulator Act restricts pipeline construction, operation, and abandonment to registered companies only. Existing pipelines built before October 1, 1953 may be operated or improved by any person, provided they comply fully with the Act.
Operation of pipeline
Pipeline operators in Canada must obtain and maintain an active certificate from the Canadian Energy Regulator and receive authorization to open the pipeline before commencing operations. All pipeline operations must comply with certificate conditions and regulatory orders.
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.
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.
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.
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.
Construction — utility
Pipeline companies must obtain a Canadian Energy Regulator certificate or conditional leave before constructing pipelines that cross utilities (highways, telecommunications, transmission lines, sewers, drainage systems). The Commission may grant leave with or without conditions, require documentation, and retroactively approve urgent work if advance notice was provided.
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).
Pipeline not work
Section 220 of the Canadian Energy Regulator Act clarifies that pipelines are excluded from the definition of 'work' under the Canadian Navigable Waters Act, establishing that pipeline regulation falls exclusively under Canadian Energy Regulator jurisdiction.
Regulations
Section 221 of the Canadian Energy Regulator Act authorizes the Governor in Council to establish regulations for pipeline sections crossing navigable waters, covering design, construction, operation, safety, security, deviations, relocation, and abandonment. Violations are prosecutable as summary conviction offences.
Offence and punishment
Section 223 of the Canadian Energy Regulator Act establishes criminal penalties for contraventions of reporting and operational requirements. Indictable offences carry fines up to CAD $1,000,000 and/or imprisonment up to five years; summary convictions carry fines up to CAD $100,000 and/or imprisonment up to one year.
Tariff to be filed
Energy transportation companies must file all tariffs and amendments with the Canadian Energy Regulator to ensure transparent disclosure of pricing and service terms for pipeline and energy transportation services.
Commencement of tariff
Under Canadian Energy Regulator Act section 228, pipeline companies filing tariffs must obtain regulatory approval establishing an effective commencement date before charging tolls for transportation services.
Tolls
Section 230 of the Canadian Energy Regulator Act mandates that all pipeline tolls be just and reasonable, with equal rates applied to all shippers transporting the same type of traffic over the same route under substantially similar circumstances and conditions.
Suspension
The Canadian Energy Regulator Commission may suspend application of any tariff or portion thereof before or after it becomes effective, providing regulatory authority over energy infrastructure service charges.
No unjust discrimination
Section 235 of the Canadian Energy Regulator Act requires energy companies to avoid unjust discrimination in tolls, services, or facilities against any person or locality, ensuring fair and equitable access to energy infrastructure.
Burden of proof
Under Canadian Energy Regulator Act section 236, if a company discriminates in tolls, service, or facilities against any person or locality, the burden of proof shifts to the company to demonstrate that such discrimination is not unjust.
Prohibition
Section 237 of the Canadian Energy Regulator Act prohibits companies, shippers, and their agents from offering or accepting rebates, concessions, or discriminatory rates for hydrocarbon transmission below published tariffs, and from engaging in false billing, classification, or reporting to circumvent rate requirements. A due diligence defence is available, and prosecution requires prior Commission approval.
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.
Extension or improvement
The Canadian Energy Regulator may direct natural gas pipeline operators to extend or improve facilities to interconnect with local distribution networks and serve municipalities or adjacent communities, provided no undue burden is imposed on the operator and service to existing customers is not impaired.
Costs and expenses related to abandonment
The Canadian Energy Regulator may require pipeline companies to establish and maintain financial funds or security to ensure they can pay for pipeline abandonment and related costs. The Regulator can direct use of these funds, authorize third parties to access them, realize security to cover abandonment expenses, and allocate any surplus to the Orphan Pipelines Account.
Orphan abandoned pipelines
Under the Canadian Energy Regulator Act, a designated officer may designate an abandoned pipeline as an orphan abandoned pipeline when the owning company's directors, officers, or the company itself cannot be located, or when the company is unknown, insolvent, bankrupt, in receivership, or dissolved.
Measures
Section 245 of the Canadian Energy Regulator Act authorizes designated officers to take necessary measures for orphan pipeline abandonment and to delegate authority to employees or third parties. The Regulator, its staff, Crown agents, and authorized third parties are granted liability protection for good-faith actions or omissions during abandonment activities.
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.
Powers, duties and functions of provincial regulatory agency
Provincial regulatory agencies designated under the Canadian Energy Regulator Act possess equivalent authority over international power lines within their jurisdiction as they do over interprovincial electricity transmission lines, including discretionary power to refuse approvals even if such refusal prevents line construction or operation.
Paramountcy
Federal permits and certificates issued under the Canadian Energy Regulator Act, along with applicable Acts of Parliament, take precedence over conflicting provincial laws when applied to federally regulated energy projects, establishing federal regulatory supremacy.
Further information
The Canadian Energy Regulator may require applicants to submit additional information beyond standard application materials within a reasonable timeframe if deemed necessary to support the regulator's recommendation decision under the Canadian Energy Regulator Act.
Recommendation and delay of issuance
The Canadian Energy Regulator may recommend to the Minister that an international power line be designated by Governor in Council order and may delay permit issuance during this process. The Regulator must avoid duplicating provincial measures and must consider interprovincial effects, environmental impacts, and regulatory factors when deciding whether to recommend designation.
Election by applicant or holder
Applicants or holders of permits or certificates for international power lines may elect to have provisions of the Canadian Energy Regulator Act apply instead of provincial laws by filing a prescribed election form with the Regulator.
Impact Assessment Act
Section 263 of the Canadian Energy Regulator Act specifies that applications for designated energy projects subject to impact assessment are reviewed by an impact assessment review panel rather than the Commission. The panel exercises most Commission powers except certificate issuance and must complete its decision within timelines established by the Impact Assessment Act.
Application of certain provisions
Section 266 of the Canadian Energy Regulator Act extends pipeline regulatory provisions to international and interprovincial power lines. Applicants and permit/certificate holders must follow intervention, certification, and permitting procedures under specified sections. Deviations crossing navigable waters require heightened scrutiny under section 211. Abandonment provisions do not apply to power lines.
Effects on navigation
The Canadian Energy Regulator must consider effects on navigation safety, including navigation safety itself, when deciding whether to issue certificates, permits, approvals, orders, directions, or exemptions for international or interprovincial power lines that cross navigable waters.
Regulations
The Governor in Council may establish joint regulations with the Ministers of Energy and Transport governing the design, construction, operation, deviations, relocation, safety, security, and abandonment of international and interprovincial power lines that cross navigable waters in Canada.
Recommendation to vary or transfer
Section 281 of the Canadian Energy Regulator Act authorizes the Governor in Council to issue orders directing the Commission's handling of pipeline certificate variation or transfer recommendations, including approval, denial, or remand for reconsideration.
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.