CACERCanadian Energy Regulator Act, s. 173Primary legislationIn force

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.

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Regulations — compensation

173 (1) The Governor in Council may make regulations establishing the costs, losses and damages for which a Tribunal may award compensation and regulations respecting that compensation, including regulations (a) prescribing the period within which claims for compensation or applications for reconsideration must be made to the Tribunal; (b) authorizing the Tribunal to award interim compensation in respect of a claim for compensation; (c) authorizing the Tribunal to award fees and travel expenses and costs with respect to claims for compensation and the reconsideration of those claims, as well as providing to whom the fees and travel expenses and costs may be awarded; (d) establishing an order of priority among classes of compensable damage for the purpose of awarding compensation; (e) providing for the reduction of the amount that the Regulator pays under subsection 164(1) and the criteria for such a reduction, including in respect of a class of compensable damage; (f) fixing a maximum amount of compensation that may be awarded to a claimant, including in respect of a class of compensable damage; (g) prescribing the period for the purposes of subsection 164(1); (h) providing that a payment of any amount that the Regulator pays under subsection 164(1) be postponed; (i) providing for the payment of any amount that the Regulator pays under subsection 164(1) in a lump sum or in payments of equal or different amounts over a period of time; (j) providing for interest with respect to a claim for compensation or an application for reconsideration, as well as the period during which interest accrues; and (k) generally, for carrying out the purposes of this section and sections 143 to 172. (2) A regulation made under subsection (1) is not to provide that the loss of non-use value in relation to damages to the environment caused by the release is a loss for which the Tribunal may award compensation.

Source

https://laws-lois.justice.gc.ca/eng/acts/C-15.1/section-173.html

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

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