CACERCanadian Energy Regulator Act, s. 141Primary legislationIn force

Designation

Under Canadian Energy Regulator Act s. 141, the Governor in Council may designate pipeline operators whose companies experience unintended or uncontrolled releases of oil, gas, or commodities if they lack financial resources to cover response costs and compensation or fail to comply with regulatory orders. The Regulator may conduct response actions, authorize third parties with liability protection, and recover expenses from pooled financial arrangements or by reimbursing governments and Indigenous bodies.

Last changed 5 hours ago.

Extracted view for reading · Original for compliance evidence

Designation

141 (1) The Governor in Council may, on the Minister’s recommendation, designate any company that is authorized under this Act to construct or operate a pipeline from which an unintended or uncontrolled release of oil, gas or any other commodity has occurred if (a) the Governor in Council considers that the company does not have or is not likely to have the financial resources necessary to pay (i) the costs and expenses incurred, or to be incurred, in taking any action or measure in relation to the release, and (ii) the compensation that might be awarded for compensable damage caused by the release; or (b) the company does not comply with an order of the Commission with respect to any action or measure to be taken in relation to the release. (2) If the Governor in Council designates a company under subsection (1), the Regulator or any of its officers or employees — or class of officers or employees — that the Regulator authorizes may take any action or measure that they consider necessary in relation to the release or they may authorize a third party to take any action or measure. (3) No action lies against the Regulator or an officer or employee of the Regulator or against a servant of the Crown, as those terms are defined in section 2 of the Crown Liability and Proceedings Act, in respect of any act or omission committed in taking any action or measure in relation to the release. (4) A third party that is authorized under subsection (2) to take any action or measure referred to in that subsection is not liable in respect of any act or omission committed in good faith in taking the action or measure. (5) If the Governor in Council designates a company under subsection (1), the Regulator may reimburse any federal, provincial or municipal government institution, any Indigenous governing body or any person the costs and expenses that the Regulator considers reasonable that they incurred in taking any reasonable action or measure in relation to the release. (6) If the Governor in Council designates a company under subsection (1) and that company participates in a pooled fund described in subsection 139(1), the Regulator may withdraw any amount from the pooled fund that is necessary to pay the costs and expenses incurred in taking any action or measure under subsection (2) and to reimburse the costs and expenses referred to in subsection (5).

Source

https://laws-lois.justice.gc.ca/eng/acts/C-15.1/section-141.html

Canonical document at the regulator. Always cite this URL — not the Vantage detail page — in compliance evidence.

Related in Canada

CACERCanadian Energy Regulator Act, s. 260Primary legislationIn force

Effect of election

Section 260 of the Canadian Energy Regulator Act establishes that filing an election under section 259 for international power lines prevents new permit issuance, converts pending applications to certificate applications, and revokes existing permits or certificates. Applicants or permit holders who file the election and are acquiring or leasing land become liable for all damages and reasonable costs incurred by landowners from abandonment of such acquisition or lease.

5 hours ago
CACNSCREGDOC-1.5.1GuidanceIn force

Application Guide: Certification of Radiation Devices or Class II Prescribed Equipment, Version 1.1

REGDOC-1.5.1 v1.1 is a Canadian Nuclear Safety Commission application guide helping applicants prepare and submit certification applications for radiation devices and Class II prescribed equipment. The guide ensures prescribed equipment is safe, protects public health and environment, meets national security standards, and complies with Canada's international nuclear obligations under the Nuclear Safety and Control Act.

5 hours ago
CACERCanadian Energy Regulator Act, s. 274Primary legislationIn force

Relocation

The Canadian Energy Regulator may order holders of international or interprovincial power line permits or certificates to relocate infrastructure when necessary to facilitate construction or relocation of other facilities. The regulator determines cost allocation between parties, requires mandatory consultation procedures, and may order reimbursement of reasonable costs incurred by persons making submissions.

5 hours ago
CACNSCREGDOC-1.1.1GuidanceIn force

Site Evaluation and Site Preparation for New Reactor Facilities, Version 1.3

REGDOC-1.1.1 establishes Canadian Nuclear Safety Commission requirements for site evaluation and preparation of new reactor facilities, including nuclear power plants and small modular reactors. Applicants must characterize sites, assess severe external events and multiple simultaneous accidents, and demonstrate adequate safety measures during site preparation and construction using a risk-informed, graded approach.

5 hours ago
CACERCanadian Energy Regulator Act, s. 160Primary legislationIn force

Application

Section 160 of the Canadian Energy Regulator Act establishes a compensation claims tribunal where persons, organizations, governments, and Indigenous governing bodies may file claims for damages caused by pipeline releases from designated companies within prescribed timeframes. The Tribunal Chairperson must promptly assign claims to panels and notify all relevant parties.

5 hours ago