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Showing 351–395 of 395 regulations
Publication of order
Orders issued by the Canadian Energy Regulator under sections 281 or 282 must be published in the Canada Gazette within 15 days of issuance.
Offence
Section 293 of the Canadian Energy Regulator Act creates criminal liability for violating regulations under section 270, prosecuted by summary conviction. A due diligence defence is available if the defendant demonstrates they exercised reasonable care to prevent the offence.
Certificate or order before June 1, 1990
The Canadian Energy Regulator Act applies pipeline governance provisions to international power lines that received certificates before June 1, 1990 under the former National Energy Board Act, treating electricity transmission infrastructure under the same regulatory framework while excluding abandoned power lines from abandoned pipeline definitions.
Prohibition — work or activity
Section 297 of the Canadian Energy Regulator Act prohibits persons from conducting work or activities related to offshore renewable energy projects or offshore power lines in Canadian offshore areas, or constructing, operating, or abandoning offshore power line components within provinces, unless they obtain prior authorization from the Canadian Energy Regulator.
Impact Assessment Act
The Canadian Energy Regulator must decide applications for designated projects subject to federal impact assessment within seven days of the decision statement being posted online, basing its decision solely on the impact assessment report and disregarding certain procedural requirements.
Study and report
The Canadian Energy Regulator may issue orders requiring holders of offshore renewable energy projects or offshore power lines to conduct and report on studies addressing safety or environmental protection issues within a specified timeframe.
Offence and punishment
Section 311 of the Canadian Energy Regulator Act establishes criminal penalties for contravening authorization conditions, orders, or regulations. Indictment convictions carry fines up to $1 million and/or up to five years imprisonment; summary convictions carry fines up to $100,000 and/or up to one year imprisonment.
Crown lands
Pipeline companies must obtain Governor in Council consent to take possession of, use, or occupy Crown lands in Canada. With consent, companies may appropriate necessary Crown lands and water for pipeline construction and operation. Compensation for lands held in trust must be applied to the trust's purpose. Exemptions apply for pipelines with prior authorizations and those crossing utilities or navigable waters with proper certificates.
Consent of council of the band
Section 317 of the Canadian Energy Regulator Act requires pipeline companies to obtain consent from Indigenous band councils before taking possession of, using, or occupying reserve lands for pipeline construction. Companies must also obtain Governor in Council approval for certain designated lands (Category IA-N, Category IA, and shíshálh lands). Companies must provide compensation if reserve or designated lands are taken, used, occupied, or adversely affected by pipeline construction.
Consent of Yukon first nation or Governor in Council
Under Canadian Energy Regulator Act section 318, energy companies must obtain consent from relevant Yukon First Nations or the Gwich'in Tribal Council before using settlement land or Tetlit Gwich'in Yukon land. If consent is denied, the Governor in Council may authorize use after a public hearing with notice to affected parties. Companies must compensate First Nations for land use or injurious effects from pipeline construction.
Application restricted
Section 319 of the Canadian Energy Regulator Act defines compensation scope for pipeline-related damages, including land value losses. Eligible claims arise directly from pipeline acquisition, leasing, construction, inspection, maintenance, or repair. Claims for personal injury, death, or pre-March 1, 1983 agreements are excluded.
Definition of owner
Section 320 of the Canadian Energy Regulator Act defines 'owner' for purposes of sections 321-334 as any person entitled to compensation under section 314, establishing legal standing for damage claims in energy regulation matters.
Methods of acquisition or lease
Canadian pipeline companies acquiring or leasing land must include contractual provisions for compensation (lump-sum or periodic payments reviewed every five years), operational damages, indemnification (excluding owner gross negligence or willful misconduct), land-use restrictions, and compensation for adverse effects on remaining lands.
Agreement of purchase and sale
Section 323 of the Canadian Energy Regulator Act exempts regulated energy companies from land acquisition requirements under sections 321(2) and 322(1) while a valid agreement of purchase and sale exists between the company and the property owner.
Settlement land or Tetlit Gwich’in Yukon land
Section 328 of the Canadian Energy Regulator Act applies specific provisions of the Yukon Surface Rights Board Act to the Canadian Energy Regulator when determining compensation matters involving settlement land or Tetlit Gwich'in Yukon land, treating the regulator as if it were the board for those determinations.
Form of compensation payment if land taken
Under Canadian Energy Regulator Act section 329, when a company takes or leases land, the Regulator must direct compensation payment at the landowner's option as either a lump sum or periodic payments. Interest may be awarded at the prime business loan rate from the date of land entry or when damages first occurred.
Costs
Section 330 of the Canadian Energy Regulator Act establishes cost allocation rules for compensation disputes. If the awarded compensation exceeds 85% of the company's settlement offer, the company must pay all legal, appraisal, and reasonable costs incurred by the claimant. If the award is at or below 85% of the offer, the Commission has discretion to allocate costs.
Decisions
The Canadian Energy Regulator must distribute copies of its decisions on applications to the applicant company and all parties to the proceeding within seven days of making the decision.
Right to minerals
Under Canadian Energy Regulator Act section 337, companies acquiring land through compulsory powers do not automatically own minerals (coal, oil, gas, metals, ores, slate) unless expressly purchased. All minerals are presumed reserved from transfers except where explicitly included in transfer documents, though companies may extract minerals necessary for constructing authorized works.
Protection of pipeline from mining operations
Canadian Energy Regulator Act section 338 prohibits mining and mineral prospecting within 40 metres of pipelines and connected infrastructure without authorization from a designated officer. Oil and gas wells under pipelines are exempt if drilled beyond the 40-metre buffer. Applicants must submit detailed plans and profiles; officers may impose conditions to protect safety and security.
Construing Special Acts
Section 342 of the Canadian Energy Regulator Act establishes that the Act is construed as incorporated with Special Acts. Where inconsistencies arise between provisions of this Act and a Special Act, the Special Act provision prevails to the extent of the conflict.
Prohibition — export
Under section 343 of the Canadian Energy Regulator Act, persons are prohibited from exporting oil or gas unless they hold a licence issued under Part 6 of the Act or are authorized by applicable regulations.
Issuance
The Canadian Energy Regulator may issue licences for oil and gas exportation with ministerial approval and may impose conditions. All licences are subject to compliance with the Canadian Energy Regulator Act, its regulations, and related orders.
Criteria
The Canadian Energy Regulator must not issue an export licence for oil or gas unless it determines the export quantity does not exceed Canada's surplus after accounting for reasonably foreseeable domestic requirements and considering Canadian oil and gas discovery trends.
Maximum validity — liquefied natural gas
Canadian regulation setting a maximum 50-year validity period for liquefied natural gas (LNG) export licenses under the Canadian Energy Regulator Act. LNG is defined as natural gas in liquid state composed of at least 85% methane with other hydrocarbons and minor non-hydrocarbon gases.
Ministerial approval
Section 347 of the Canadian Energy Regulator Act establishes the ministerial approval process for oil and gas export licenses. The Minister must decide on approval within 90 days of the Commission's decision; late approval does not invalidate the Commission's prior actions. The Commission must issue the license within seven days of ministerial approval.
Importer
Persons importing oil or gas into Canada must report prescribed information to the Canadian Energy Regulator for each reporting period in the prescribed form and manner, unless exempted by regulation.
Regulations — Governor in Council approval
Section 354 of the Canadian Energy Regulator Act authorizes the Regulator to establish regulations (subject to Governor in Council approval) governing exemptions from reporting requirements, licence application procedures and information requirements, and standards for measurement units and instruments used in oil and gas export and import activities.
Export
Under the Canadian Energy Regulator Act, any person must obtain either a permit (section 356) or licence (section 361) from the Canadian Energy Regulator before exporting electricity.
Further information
The Canadian Energy Regulator Commission may request additional information from applicants within a reasonable timeframe after notice publication to support its decision-making process for recommendations.
Conditions — permits
The Canadian Energy Regulator Commission may impose conditions on permits and licences as deemed necessary or in the public interest, with permit conditions limited to matters prescribed by regulations and licence conditions applied at the Commission's discretion.
Compliance
All permits and licences issued under the Canadian Energy Regulator Act are conditional upon compliance with the Act, its regulations, and orders made thereunder.
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.
Definitions
Section 373 of the Canadian Energy Regulator Act defines key terms for the division governing energy exports, including references to free trade agreements (CCFTA, CCRFTA, CUSMA) and defines 'energy goods' as commodities requiring a licence, permit, or regulatory order for exportation under this Part.
Principle
The Canadian Energy Regulator must give effect to CUSMA, CCFTA, and CCRFTA trade agreements. The Governor in Council may issue binding directions to the Regulator regarding performance of this duty or interpretation of these agreements, which apply to pending matters unless otherwise specified.
Declaration of Governor in Council
The Governor in Council may issue an order declaring that restrictions on exporting energy goods to Chile or Costa Rica are justified under provisions of the Canada-Chile Free Trade Agreement or Canada-Costa Rica Free Trade Agreement.
Request for declaration
The Canadian Energy Regulator may suspend its determination of licence or permit applications for energy exports to Chile or Costa Rica for up to 120 days if it considers restrictions in the public interest and applicable under relevant trade agreements, to allow the Minister to request a Governor in Council order.
Exportation to Chile or Costa Rica
The Canadian Energy Regulator cannot refuse, suspend, revoke or vary licenses or permits for energy goods exported to Chile or Costa Rica if doing so would breach obligations under the Canada-Chile Free Trade Agreement or Canada-Costa Rica Free Trade Agreement, except during suspension orders or with the license holder's consent.
No declaration made
The Canadian Energy Regulator may issue export licences for energy goods to Chile or Costa Rica without meeting standard criteria if the Minister declines to recommend an order, the Governor in Council declines to make one, or no order is issued within 120 days of the export request.
Definitions of oil and gas
Regulation establishes that oil and gas definitions under the Canadian Energy Regulator Act Part reference those defined in subsection 2(1) of the Canada Oil and Gas Operations Act, providing a single consistent definitional framework across both statutes.
Variation of licences or authorizations
The Canadian Energy Regulator Commission or its delegates may modify the conditions of operating licences or authorizations issued under the Canada Oil and Gas Operations Act, providing regulatory flexibility in managing oil and gas operations.
Application to appeals
Section 384 of the Canadian Energy Regulator Act establishes the appellate framework allowing the Commission to review decisions by the Chief Conservation Officer under the Canada Oil and Gas Operations Act. Following an appeal hearing, the Commission may set aside, confirm, or vary orders; direct remedial works to prevent waste or oil/gas escape; or issue other appropriate orders.
Statutory Instruments Act
Orders issued by the Canadian Energy Regulator Commission under this Part are explicitly excluded from the definition of statutory instruments under the Statutory Instruments Act, clarifying the regulatory status of CER orders.
Regulations
The Governor in Council may make regulations under the Canadian Energy Regulator Act to designate substances from hydrocarbon or coal processing (such as asphalt or lubricants) as oil or gas products, and to exempt oil, gas, or specific classes thereof from Act provisions, subject to Regulator consultation for exemptions.
Review of Act after 10 years
The Canadian Energy Regulator Act mandates a comprehensive parliamentary review of the Act's provisions and operation ten years after its coming into force, to be conducted by a designated Senate, House of Commons, or joint parliamentary committee.