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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.
Role of Lead Commissioner
Section 38 of the Canadian Energy Regulator Act defines the Lead Commissioner's administrative responsibilities, including managing Commission operations, distributing work among commissioners, and forming panels of at least three commissioners to exercise regulatory powers and perform duties.
Permits for Access to Restricted Data
10 CFR Part 725 establishes procedures for issuing Access Permits that authorize qualified persons to access Restricted Data related to civil uses of atomic energy, including data on atomic weapons design, special nuclear material production, and nuclear energy applications. The regulation defines permit terms, conditions, available information categories, and DOE's Office of Environment, Health, Safety and Security authority to issue, amend, renew, suspend, or revoke permits.
DOE Patent Licensing Regulations
DOE patent licensing regulations establish procedures for granting nonexclusive, exclusive, or partially exclusive licenses to inventions from DOE-supported research and development. The Secretary of Energy determines license grants based on U.S. national interests. The regulations define appeal rights for denied applicants, terminated licensees, and third-party objectors, with appeals filed to the Deputy General Counsel within 30 days of agency action.
Suspension or revocation of licences — application or consent
The Canadian Energy Regulator Commission may suspend or revoke a licence issued under its authority if the licence holder applies for or consents to such suspension or revocation.
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.
Byproduct Material
10 CFR Part 962 defines 'byproduct material' under the Atomic Energy Act for DOE facilities as any radioactive material (except special nuclear material) produced or made radioactive by exposure to radiation during special nuclear material production or use. For RCRA compliance, only actual radionuclides in DOE-owned radioactive waste are covered; nonradioactive hazardous components remain subject to separate RCRA regulation.
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.
Period of validity
Under the Canadian Energy Regulator Act, permits and licences issued by the regulator have a maximum validity period of 30 years.
Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance
This regulation implements Title IX of the Education Amendments of 1972, establishing nondiscrimination requirements on the basis of sex in education programs and activities receiving federal financial assistance. It defines key terms including educational institutions, federal financial assistance, applicants, and administrative structures, effective September 29, 2000.
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.
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.
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.
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.
Replacement of panel member during hearing
Section 48 of the Canadian Energy Regulator Act establishes procedures for replacing panel commissioners during hearings. If a commissioner becomes unavailable or resigns during a hearing, the Lead Commissioner may appoint a replacement to continue the hearing and participate in the decision. If unavailability occurs after the hearing concludes but before the decision is finalized, remaining commissioners may proceed unanimously to make the decision without replacement.
Regulations
The Canadian Energy Regulator may establish fees, levies, or charges with Treasury Board approval to recover regulatory costs attributable to its mandate, including costs for denied or withdrawn applications. Regulations specify interest rates on unpaid amounts, which become debts recoverable by the Crown in court.
Collection of Claims Owed the United States
This regulation establishes Department of Energy procedures for collecting claims and debts owed to the United States, implementing federal debt collection standards from 31 CFR parts 900-904. It defines debt and delinquency, prescribes standards for administrative collection and compromise activities, and authorizes DOE to pursue remedies including administrative offset, wage garnishment, and litigation referral to the Department of Justice under the Debt Collection Improvement Act of 1996.
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.
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.
Reasons
The Canadian Energy Regulator must provide written reasons for each recommendation made to the Governor in Council or Minister, and must publicly disclose both the recommendations and their supporting rationale.
Compensation
Section 90 of the Canadian Energy Regulator Act clarifies that Directors, Commissioners, the Chief Executive Officer, and employees of the Canadian Energy Regulator are covered under the Government Employees Compensation Act and are considered employed in the federal public administration.
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.
Criteria and Procedures for Determining Eligibility for Access to Restricted Data or National Security Information or an Employment Clearance
10 CFR Part 10 establishes criteria and procedures for determining eligibility for access to Restricted Data and National Security Information for NRC employees, contractors, licensees, and applicants. The regulation implements the Atomic Energy Act and Executive Orders to ensure security of the nuclear energy program while providing administrative review opportunities for individuals seeking access authorization or employment clearance.
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.
Procedural Rules for DOE Nuclear Activities
10 CFR Part 820 establishes procedural rules governing conduct of persons involved in DOE nuclear activities to ensure compliance with DOE Nuclear Safety Requirements. The regulation defines key terms, enforcement processes, and administrative procedures, with Naval nuclear propulsion activities excluded from certain interpretations and exemptions provisions under the Deputy Administrator for Naval Reactors.
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.
Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Energy
10 CFR Part 1041 implements Section 504 of the Rehabilitation Act, requiring the Department of Energy to prohibit discrimination based on disability in all its programs and activities. The regulation defines key terms such as handicapped person, auxiliary aids, and major life activities, and establishes procedures for filing complaints and ensuring equal opportunity and access for persons with disabilities.
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.
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.