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Appointment

Section 28 of the Canadian Energy Regulator Act establishes the appointment and governance framework for CER commissioners. Commissioners are appointed by the Governor in Council for terms up to six years, with a maximum total tenure of ten years. Appointees must be Canadian citizens or permanent residents and cannot be directors. The Governor in Council sets remuneration and covers reasonable travel and other expenses.

Medical Use of Byproduct Material

Annual report

The Canadian Energy Regulator must submit an annual report to the Minister within 120 days following each fiscal year ending March 31, detailing its activities under the Act. The Minister must present the report to Parliament within 15 sitting days of receipt. Additional reports may be submitted at the regulator's discretion.

Standard Specifications for the Granting of Patent Licenses

Notice of decision

The Canadian Energy Regulator must promptly issue written decisions with detailed reasons to all persons who made representations at public hearings regarding pipeline plan, profile, and book of reference approvals or refusals.

Confidentiality — Indigenous knowledge

Section 58 of the Canadian Energy Regulator Act protects the confidentiality of Indigenous knowledge shared with the Regulator. Disclosure without written consent is prohibited, except when the knowledge is publicly available, necessary for procedural fairness in legal proceedings (with mandatory prior consultation), or authorized by regulation. The Regulator may impose conditions on disclosure and has immunity from liability for good-faith disclosures.

Regulations

Section 78 of the Canadian Energy Regulator Act grants the Governor in Council authority to make regulations governing the Minister's power to enter into arrangements under section 77, including rules for procedures, applicable circumstances, required contents, and modifications to statutory or regulatory provisions.

No unjust discrimination

Section 235 of the Canadian Energy Regulator Act requires energy companies to avoid unjust discrimination in tolls, services, or facilities against any person or locality, ensuring fair and equitable access to energy infrastructure.

General rule

Section 238 of the Canadian Energy Regulator Act requires pipeline and commodity transmission companies to disclose liability limitations in filed tariffs, obtain Commission approval, or have regulatory authorization. The Commission determines permissible liability limits and prescribes transmission conditions for hydrocarbons and other commodities.

Immunity

Inspection officers appointed under the Canadian Energy Regulator Act are granted civil immunity for actions or omissions made in good faith while exercising their statutory powers and performing duties under the Act.

Application

Section 251 of the Canadian Energy Regulator Act applies federal regulatory requirements for international power lines to provinces with designated provincial regulatory agencies, unless the province opts out by filing an election under section 259.

Uranium Enrichment Decontamination and Decommissioning Fund; Procedures for Special Assessment of Domestic Utilities

This regulation establishes procedures for assessing domestic utilities that purchased uranium enrichment separative work units (SWUs) from the Department of Energy between 1945 and October 23, 1992. Utilities are assessed annually based on their proportional share of DOE-produced SWUs, with assessments funding the Uranium Enrichment Decontamination and Decommissioning Fund under the Atomic Energy Act.

Regulations imposing fees, etc.

Section 142 of the Canadian Energy Regulator Act authorizes the regulator to impose fees, levies, and charges on pipeline operators to recover government costs from commodity release incidents. Primary liability falls on the responsible operator; if recovery is insufficient, fees extend to other operators transporting the same or similar commodities. Regulations prescribe fee calculation methods and interest rates on unpaid amounts, which become recoverable debts to the Crown.

Confidentiality

Section 60 of the Canadian Energy Regulator Act authorizes the Commission and designated officers to issue confidentiality orders protecting information in regulatory proceedings. Confidentiality may be granted to prevent material financial loss or competitive prejudice, to protect confidential financial, commercial, scientific or technical information when the discloser's interest outweighs public interest, or when disclosure poses real and substantial risks to safety, well-being, property or the environment.

Decision by Governor in Council

Section 186 of the Canadian Energy Regulator Act grants the Governor in Council authority to issue binding orders on pipeline certificate applications following CER recommendations. The Governor may approve certificates with conditions, dismiss applications, or refer recommendations for reconsideration. Orders must include written reasons demonstrating consideration of relevant factors and be issued within 90 days (extendable). Orders are final, must be published in the Canada Gazette within 15 days, and the CER must comply within seven days.

Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material

Domestic Licensing of Production and Utilization Facilities

Paramountcy

Federal permits and certificates issued under the Canadian Energy Regulator Act, along with applicable Acts of Parliament, take precedence over conflicting provincial laws when applied to federally regulated energy projects, establishing federal regulatory supremacy.

Revocation of certificates — contravention

The Canadian Energy Regulator may revoke a certificate if the holder violates any condition, subject to Governor in Council approval. The regulator must provide written notice of the alleged violation and grant the certificate holder an opportunity to be heard before revocation.

Rules

The Canadian Energy Regulator Tribunal may establish procedural rules governing compensation claims and reconsideration applications, including filing procedures, required information, hearing conduct, evidence formats, and quorum requirements.

Application

Section 264 of the Canadian Energy Regulator Act defines CER jurisdiction over three categories of power lines: international lines with filed elections, unregulated portions of international lines in provinces without designated regulatory agencies, and interprovincial lines subject to regulatory orders.

Application of certain provisions

Section 266 of the Canadian Energy Regulator Act extends pipeline regulatory provisions to international and interprovincial power lines. Applicants and permit/certificate holders must follow intervention, certification, and permitting procedures under specified sections. Deviations crossing navigable waters require heightened scrutiny under section 211. Abandonment provisions do not apply to power lines.

Burden of proof

Under Canadian Energy Regulator Act section 236, if a company discriminates in tolls, service, or facilities against any person or locality, the burden of proof shifts to the company to demonstrate that such discrimination is not unjust.

Laws of a province

Section 252 of the Canadian Energy Regulator Act establishes provincial regulatory authority over intra-provincial electricity transmission lines, granting provinces jurisdiction over location/routing, land acquisition and expropriation procedures, environmental impact assessments, environmental protection during construction and operation, and abandonment protocols.

Powers, duties and functions of provincial regulatory agency

Provincial regulatory agencies designated under the Canadian Energy Regulator Act possess equivalent authority over international power lines within their jurisdiction as they do over interprovincial electricity transmission lines, including discretionary power to refuse approvals even if such refusal prevents line construction or operation.

Orders

The Canadian Energy Regulator Commission may issue orders governing the design, construction, operation, and abandonment of facilities crossing interprovincial and international power lines. Orders authorize facility crossings, regulate ground disturbances, govern vehicle operation, allocate construction costs, and specify activities. The Regulator may also make complementary regulations with Governor in Council approval.

Provincial regulatory agency

Canadian provinces may designate their lieutenant governor in council, a provincial minister, or another entity as the provincial regulatory agency responsible for administering energy regulation under the Canadian Energy Regulator Act.

Yucca Mountain Site Suitability Guidelines

10 CFR Part 963 establishes DOE methods and criteria for determining whether the Yucca Mountain site is suitable as a geologic repository for nuclear waste. The regulation defines key terms including applicable radiation protection standards for preclosure and postclosure periods, barriers to prevent radionuclide movement, engineered barrier systems, and design requirements for isolating waste from the accessible environment.

Freedom of Information Act (FOIA)

10 CFR Part 1004 establishes Department of Energy procedures for implementing the Freedom of Information Act (FOIA), defining how DOE offices process public records requests, categorize requesters, calculate direct costs for copying and searching, and handle appeals. FERC is excluded from these regulations.

Administrative False Claims and Procedures

This regulation implements the Program Fraud Civil Remedies Act of 1986, establishing administrative procedures for the Department of Energy to impose civil penalties and assessments against persons who submit false, fictitious, or fraudulent claims or statements. It defines key terms such as claims, statements, and benefits, and specifies the roles of Administrative Law Judges and investigating officials in the enforcement process.

Regulations

The Canadian Energy Regulator may establish regulations designating contraventions of the CER Act, permits, orders, and conditions as enforceable violations subject to administrative penalties up to $25,000 for individuals and $100,000 for other persons. Regulations will specify penalty determination methods and service procedures.

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.

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.

Application

Section 271 of the Canadian Energy Regulator Act establishes CER jurisdiction over international and interprovincial power lines. The CER may issue permits and certificates for power lines crossing borders or within federal authority, including those crossing navigable waters. The CER may also authorize power line relocations to facilitate facility construction or reconstruction.

Designation

The Governor in Council must designate one full-time commissioner as Lead Commissioner and another as Deputy Lead Commissioner of the Canadian Energy Regulator.

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.

Powers of liquidators, trustees, etc.

Section 5 of the Canadian Energy Regulator Act expands the definition of 'company' for regulatory purposes to include liquidators, receivers, managers, and trustees authorized to operate businesses; persons operating pre-1953 pipelines or exempted pipelines; Quebec court-appointed administrators; and successors handling abandoned pipelines.

Prohibition

Section 237 of the Canadian Energy Regulator Act prohibits companies, shippers, and their agents from offering or accepting rebates, concessions, or discriminatory rates for hydrocarbon transmission below published tariffs, and from engaging in false billing, classification, or reporting to circumvent rate requirements. A due diligence defence is available, and prosecution requires prior Commission approval.

Definitions

Section 113 of the Canadian Energy Regulator Act establishes legal privilege protection for voice and video recordings of operating personnel at regulated energy facilities. Recordings are privileged and non-disclosable except when requested by the Regulator for accident inquiries, by coroners for investigations, or when courts determine public interest in justice outweighs privilege. Recordings cannot be used in disciplinary proceedings against facility operators or employees.

Certain defences not available

Section 121 of the Canadian Energy Regulator Act removes due diligence and honest belief as available defences for persons cited in violation notices. Common law justifications and excuses remain applicable if consistent with the Act.

Order to reconsider

Section 193 of the Canadian Energy Regulator Act grants the Governor in Council authority to order the Commission to reconsider its decisions, with discretion to specify factors for consideration and completion timelines. The Commission must report any resulting changes to its recommendations back to the Governor in Council.

Orphan Pipelines Account

The Canadian Energy Regulator Act establishes an Orphan Pipelines Account to manage surplus security funds from abandoned pipelines. Surplus amounts—calculated as ordered security minus actual abandonment costs—may be credited to the account and earn annual interest. The account can fund abandonment costs when company security is insufficient, but companies remain fully liable for all abandonment obligations.

Approval of deviations

Pipeline companies must submit detailed plans, profiles, and reference documentation to the Canadian Energy Regulator for approval of deviations from previously approved or constructed pipelines. The Regulator may exempt submission requirements if deviations serve public purposes or benefit the pipeline, provided deviations do not exceed Commission-specified distance limits from the original centerline.

Recommendation and delay of issuance

The Canadian Energy Regulator may recommend to the Minister that an international power line be designated by Governor in Council order and may delay permit issuance during this process. The Regulator must avoid duplicating provincial measures and must consider interprovincial effects, environmental impacts, and regulatory factors when deciding whether to recommend designation.

Members of Tribunal

Section 146 of the Canadian Energy Regulator Act specifies the composition and appointment of the Tribunal. The Tribunal must have at least three members appointed by the Governor in Council on ministerial recommendation for terms up to five years. Members must be retired superior court judges or legal professionals with at least 10 years standing at a provincial bar or Quebec notary chamber. The Governor in Council may appoint replacements and sets member compensation.

Patent Waiver Regulation

10 CFR Part 784 establishes the Department of Energy's procedures for waiving U.S. government patent rights in inventions developed under DOE contracts, grants, and agreements. The Secretary may waive rights when determined to serve the public interest, with objectives including rapid dissemination of energy R&D benefits, commercial utilization of inventions, private sector participation in DOE programs, and promotion of competition to prevent market concentration.

Public Records

Registration of plans, etc.

Land registrars must receive, preserve, and provide public access to plans, profiles, books of reference, and documents required under the Canadian Energy Regulator Act. Registrars must endorse deposits with date/time stamps, provide certified copies at reasonable fees, and certify proper deposit and execution. Certified copies serve as legal evidence of original documents and their submission time.

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.

Revocation of certificates — application or consent

The Canadian Energy Regulator may revoke certificates issued under the Act by order, either upon application by the certificate holder or with their written consent.