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Regulations — Governor in Council

Section 372 of the Canadian Energy Regulator Act authorizes the Governor in Council to establish regulations governing the export licensing, movement, and inspection of designated oil and gas from Canada. The Regulator may prescribe license application requirements, validity periods, export quantities, inspection standards for related equipment and records, and measurement units for oil and gas transportation.

Mandate

The Canadian Energy Regulator's mandate encompasses making transparent decisions and orders on pipelines, power lines, and offshore renewable energy projects; overseeing their construction, operation, and abandonment; setting traffic, tolls, and tariffs; managing oil and gas interests; providing advisory services and dispute resolution; and exercising authority while respecting Indigenous peoples' rights.

Radiation Protection Programs for Nuclear Substances and Radiation Devices Licences

Show cause hearing relating to waste

Under the Canadian Energy Regulator Act, the Commission holds show cause hearings on applications by the Chief Conservation Officer regarding waste in oil and gas pool recovery. If waste is found, the Commission may order gas collection, processing, reinjection schemes, or pool repressurizing/recycling, and may shut in non-compliant pools unless approved schemes are operational by specified dates.

Offence and punishment

Section 292 of the Canadian Energy Regulator Act imposes criminal penalties for contraventions of specified regulatory provisions. Indictable convictions carry fines up to CAD $1 million and imprisonment up to five years; summary convictions carry fines up to CAD $100,000 and up to one year imprisonment.

Enforcement of orders

Canadian Energy Regulator decisions and orders may be registered with Federal or provincial superior courts and enforced as court orders by filing a certified copy with the court registrar. If a registered decision is subsequently rescinded or varied, the court order is vacated and the modified decision may be re-registered following standard court procedures.

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.

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.

If pipeline affixed to any real property or immovables

Section 224 of the Canadian Energy Regulator Act establishes that pipeline sections affixed to real property, utilities, or navigable waters remain the exclusive property of the pipeline company and do not become part of underlying property without written consent and Regulator notice. Pipeline companies retain rights to create liens, mortgages, charges, and security interests on affixed sections under specified regulatory circumstances.

Determining compensation

Section 169 of the Canadian Energy Regulator Act establishes the Tribunal's procedure for determining compensation when amending a decision on reconsideration. The Tribunal must decide whether to award compensation for compensable damage claimed, calculate amounts per regulations accounting for prior payments, and may award authorized costs. Written notice must specify compensation awarded, cost determinations, regulatory reductions, and previously paid amounts.

Notice of non-compliance

Section 108 of the Canadian Energy Regulator Act authorizes inspection officers to issue written notices of non-compliance when they have reasonable grounds to believe a person has violated the Act or its regulations. Notices must identify the recipient, describe the alleged violation with relevant facts and applicable provisions, and provide a defined period for the recipient to submit comments in response.

Effect of appeal

An appeal of a Canadian Energy Regulator order does not automatically suspend enforcement, but the Commission may exercise discretion to grant a stay of the order pending the appeal's outcome.

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.

Construction — facility

Under Canadian Energy Regulator Act section 272, persons constructing international or interprovincial power lines crossing facilities must obtain a CER permit or certificate with facility-related conditions, secure Commission leave, or meet regulatory circumstances. The Commission may impose conditions and grant retroactive leave if work was urgent and prior notice was given.

Revocation of certificates — contravention

The Canadian Energy Regulator may revoke certificates issued under the Act if the holder breaches any condition, provided written notice of the alleged breach is issued and the holder is given an opportunity to respond before revocation.

Commission of violation

Under Canadian Energy Regulator Act section 117, any person who contravenes or fails to comply with designated provisions, orders, decisions, or conditions commits a violation subject to penalties determined by regulation. Penalties are designed to promote compliance rather than punish.

Definitions

Section 296 of the Canadian Energy Regulator Act establishes definitions for Part 2, defining 'authorization' as permission issued under section 298 and 'debris' as facilities, equipment, or systems placed during authorized work that were abandoned without authorization or displaced during operations. Provincial references in Part 2 apply to onshore areas of the Northwest Territories as defined in the Northwest Territories Act.

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.

Definitions

Section 93 of the Canadian Energy Regulator Act defines key terms for pipeline claims proceedings: compensable damage (costs, losses, and damages awarded by the Tribunal), holder (entities holding certificates, permits, or authorizations for regulated facilities, pipelines, power lines, or abandonment permits), and Tribunal (the pipeline claims tribunal).

Orders

The Canadian Energy Regulator may issue orders requiring facility holders to repair, reconstruct, or alter regulated facilities to ensure safety, security, and environmental protection. Orders can be directed at Indigenous bodies, governments, third parties, and others. Non-compliance authorizes the Regulator to take direct action or engage third parties, with liability protection for good-faith interventions.

Regulations

Section 96 of the Canadian Energy Regulator Act authorizes the Regulator to establish regulations governing the design, construction, operation, and abandonment of interprovincial and international pipelines and designated power lines. Regulations must address surveillance, monitoring, safety, security, and environmental protection, and require operators to maintain management systems that incorporate human and organizational factors.

Offence and punishment — duty to assist and orders

Section 112 of the Canadian Energy Regulator Act establishes criminal penalties for non-compliance with CER duties and orders. Violations of section 103(4) or failure to comply with section 109 orders result in fines up to $1,000,000 and/or five years imprisonment on indictment, or up to $100,000 and/or one year on summary conviction. Contraventions of sections 106 and 107 carry summary conviction fines of up to $100,000 for first offences and up to $300,000 for subsequent offences.

Recovery of loss, damage, costs, expenses

Section 137 of the Canadian Energy Regulator Act imposes joint and several liability on pipeline operators and contractors for unintended or uncontrolled releases of oil, gas, or other commodities. Liable parties must cover actual losses, response costs, and loss of non-use value. Liability is capped at $1 billion for major pipelines (≥250,000 barrels/day capacity); smaller pipelines face prescribed regulatory amounts. Claims recover in Canadian courts with priority ranking favoring actual loss over cost recovery, which ranks above non-use value claims.

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.

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.

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

Orders of Commission

The Canadian Energy Regulator may issue orders determining compensation for pipeline and abandoned pipeline projects, including land acquisition, leasing, use restrictions, and damages from company activities during planning, construction, operation, or abandonment phases, with compensation assessments guided by statutory factors.

Reasons

The Canadian Energy Regulator and its designated officers must issue written reasons for all decisions and orders, which must be made publicly available except for decisions concerning only internal administrative matters.

Appeal to Commission

Section 71 of the Canadian Energy Regulator Act establishes the right to appeal decisions or orders made by designated or inspection officers to the Commission, which may dismiss, allow, vary, or rescind the decision or order.

For greater certainty

Issuance of a Canadian Energy Regulator certificate or approval of plans, profiles, and books of reference does not exempt regulated companies from compliance with other provisions of the Canadian Energy Regulator Act.

Impact Assessment Act

The Canadian Energy Regulator must rule on exemption applications for federally-designated projects within seven days of the impact assessment decision statement being published. Standard procedural timelines are suspended during this expedited review period.

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.

Order designating Minister

Administrative provision enabling the Governor in Council to designate a federal minister responsible for administering the Canadian Energy Regulator Act.

Regulations — Governor in Council

The Governor in Council and Canadian Energy Regulator are authorized to establish regulations governing electricity export permits and licences, including permit conditions, factors for permit designation and licence issuance decisions, inspection protocols for equipment and records, application information requirements, and measurement standards for electricity exportation.

Variation or transfer

The Canadian Energy Regulator Commission may vary or transfer energy authorizations either on its own motion or upon application, and may impose new, modified, or additional conditions as part of such variations or transfers.

Application of provisions in Part 4

Section 305 of the Canadian Energy Regulator Act applies regulatory provisions for international and interprovincial power lines to offshore power lines, treating permits and certificates as authorizations. Subsection 273(2) applies only to offshore power line segments within provincial jurisdiction.

Issuance

The Canadian Energy Regulator may issue authorizations for offshore renewable energy projects and associated power lines. Applications must include prescribed information about proposed works, facilities, and equipment. The regulator must decide within 300 days, considering environmental effects, safety, health, social and economic impacts, Indigenous interests and rights, climate change alignment, and relevant impact assessments before imposing conditions.

Prohibition

Operators of international or interprovincial power lines must obtain Canadian Energy Regulator Commission approval before abandoning operations. The Commission may grant abandonment authorization by order upon application by the permit or certificate holder.

Purpose

Section 136 of the Canadian Energy Regulator Act establishes that sections 137–142 reinforce the polluter-pays principle by imposing financial requirements on companies authorized to construct or operate pipelines in Canada.

Determining compensation

Under Canadian Energy Regulator Act section 163, a Tribunal determines whether to award compensation for claimed compensable damage, calculates amounts per regulations, and may award costs if authorized. The Tribunal must notify all parties of its decision, specifying compensation and cost amounts, any regulatory reductions, and previously paid amounts.

Amount paid out of Fund

Section 171 of the Canadian Energy Regulator Act authorizes payments from the Consolidated Revenue Fund to cover the Regulator's operational costs, including tribunal member and staff remuneration, legal services, publishing expenses, and administrative support. The Minister of Finance establishes payment amounts in consultation with the Minister of Natural Resources.

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.

Safety Analysis for Class IB Nuclear Facilities

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.

Designation of inspection officers

The Canadian Energy Regulator's CEO may designate inspection officers to enforce safety, security, environmental, and property protection regulations at regulated and abandoned energy facilities. All designated officers must be provided with a certificate of authority and must produce it upon request.

Continuation of jurisdiction and obligation

Section 189 of the Canadian Energy Regulator Act clarifies that procedural delays do not strip the Regulator of jurisdiction over applications or reporting obligations, and all actions taken remain valid. The Governor in Council may also issue orders under section 186(1) even after statutory time limits have expired.

Recommendation not to vary or transfer

Under Canadian Energy Regulator Act section 192, if the Commission recommends against varying or transferring an energy certificate, the Governor in Council may issue an order directing the Commission to decline the variation or transfer or to reconsider the matter.

Orders

The Canadian Energy Regulator Commission may exempt pipelines up to 40 km long, previously constructed pipelines, and associated infrastructure (tanks, compressors, storage facilities) from specified regulatory provisions. Exemption applications must be decided within 300 days of complete submission; the Lead Commissioner may exclude certain periods with public disclosure, and the Minister may grant extensions. The Commission may impose conditions on exemptions.

Guidance on Deep Geological Repository Site Characterization