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Failure to act
Under Canadian Energy Regulator Act s. 131, failure to pay an imposed penalty or request a review within the timeframe specified in s. 125 constitutes admission of the violation, leaving the person liable for the penalty.
Certificate
The Canadian Energy Regulator Commission may issue certificates of non-payment for unpaid debts. When registered in Federal Court or any other competent court, these certificates have the same legal force and effect as court judgments for the certified amount plus registration costs.
Publication
The Canadian Energy Regulator may publicly disclose the nature of violations, the identity of violators, and penalty amounts imposed under energy regulation.
Financial resources
Pipeline companies authorized under the Canadian Energy Regulator Act must maintain financial resources sufficient to cover liability limits set by the Commission. The Commission may specify required types and amounts of financial resources, including letters of credit, guarantees, bonds, insurance, and readily accessible funds. Companies must demonstrate compliance upon request and maintain these resources until obtaining abandonment approval.
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.
Jurisdiction of courts
Section 144 of the Canadian Energy Regulator Act clarifies that regulatory provisions do not restrict court jurisdiction over pipeline release matters, preserving judicial authority in such cases.
Air Transportation of Plutonium
10 CFR Part 871 authorizes the DOE Deputy Administrator for Defense Programs to permit air transportation of plutonium under national security and public health exemptions. Air shipments are allowed for atomic weapons development, international defense cooperation, and emergency response when air transport is necessary due to security concerns, safety considerations, item preservation, or to prevent harm to national security. All authorizations must be recorded and reported to NNSA within 24 hours.
Limitations
Authorization holders for Canadian offshore renewable energy projects and offshore power lines must obtain prior written approval from the Canadian Energy Regulator before selling, transferring, purchasing, acquiring, or leasing such projects or their facilities, equipment, and systems, or before amalgamating with another company.
Advance of compensation
Under Canadian Energy Regulator Act section 325, landowners whose property is subject to immediate entry rights granted by a company are entitled to receive advance compensation from that company, pending final compensation determination.
Tenure
Section 147 of the Canadian Energy Regulator Act defines tenure provisions for Tribunal members, establishing that they hold office during good behaviour and may be removed by the Governor in Council for cause or if the Tribunal has no ongoing work.
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.
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.
Application
Section 382 of the Canadian Energy Regulator Act establishes procedural requirements for Commission decisions on declarations of significant or commercial discovery under the Canada Petroleum Resources Act. The Commission must provide at least 30 days' written notice to affected persons, allow written hearing requests within 30 days, conduct hearings where requested, and publish decision reasons upon request.
Public Information and Requests
10 CFR Part 1703 implements the Freedom of Information Act for the Defense Nuclear Facilities Safety Board (DNFSB). It defines agency records, establishes FOIA request procedures, requires maintenance of an electronic reading room with regulations, policies, recommendations, hearing transcripts, Board orders and correspondence, and designates a FOIA Officer to administer record access and disclosure.
Sentencing principles
Section 174 of the Canadian Energy Regulator Act mandates sentencing principles for pipeline offences involving unintended or uncontrolled releases of oil, gas, or commodities. Courts must increase fines based on aggravating factors including harm to human/environmental safety, intentional or reckless conduct, financial motivation, prior non-compliance, and post-offence concealment or failure to mitigate. Courts must provide written reasons if declining to apply identified aggravating factors.
Recovery of loss, etc., caused by debris
Section 302 of the Canadian Energy Regulator Act establishes strict liability for losses, damages, and costs arising from debris generated during authorized energy work. Authorization holders are liable up to $1 billion (with reduced limits in Arctic Waters), while parties responsible for debris are jointly and severally liable based on fault. Claims prioritize personal losses, then government costs, then non-use value losses (recoverable only by government).
Rules of General Applicability to Domestic Licensing of Byproduct Material
10 CFR Part 30 establishes NRC licensing requirements for domestic possession, production, transfer, and use of byproduct material, including accelerator-produced radioactive material and radium-226 sources. The regulation prescribes general applicability rules, defines licensed activities, and sets compliance deadlines for government agencies and Indian Tribes (2007–2009). It also subjects suppliers of components and services to enforcement action for violations.
Licenses and Radiation Safety Requirements for Well Logging
10 CFR Part 39 establishes licensing and radiation safety requirements for the use of licensed materials—including sealed sources, radioactive tracers, markers, and uranium sinker bars—in well logging operations. The regulation prescribes definitions, operational requirements, supervisory standards, and compliance obligations for persons handling radioactive sources at temporary jobsites, including personal supervision, safety reviews, and cross-referenced NRC regulatory provisions.
Facility Security Clearance and Safeguarding of National Security Information and Restricted Data
10 CFR Part 95 establishes procedures for facility security clearance and safeguarding of classified National Security Information and Restricted Data in NRC-licensed activities. It defines requirements for access authorization, facility eligibility, classified material handling, storage, transmission protocols, and security procedures for NRC licensees, certificate holders, contractors, and designated parties requiring access to Secret or Confidential information.
Financial Protection Requirements and Indemnity Agreements
10 CFR Part 140 establishes financial protection requirements and indemnity agreements for nuclear licensees under the Atomic Energy Act. It applies to operators of nuclear reactors, uranium enrichment facilities, plutonium processing plants, and other nuclear production and utilization facilities. The regulations define procedures for determining required financial protection, liability insurance, and indemnification limits, with special provisions for Federal agencies and nonprofit educational institutions.
Non-application
Section 44 of the Canadian Energy Regulator Act exempts designated projects undergoing federal impact assessment from sections 41 and 42, ensuring such projects are regulated exclusively through the Impact Assessment Act framework without dual regulatory processes.
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.
Definition of Nonrecourse Project-Financed
This regulation defines 'nonrecourse project-financed' under the Clean Air Act Amendments of 1990 for identifying new independent power production facilities. Nonrecourse project-financed means debt is secured by facility assets and revenues (including electric output sales), with electric utilities having no repayment obligation. Limited guarantees and cost overrun commitments do not disqualify a facility provided the borrower's primary repayment obligation derives from facility revenues. Fully equity-financed projects also qualify.
Contractor Legal Management Requirements
10 CFR Part 719 establishes legal management requirements for Department of Energy contractors. Contractors must develop a Legal Management Plan documenting their use of outside counsel, selection criteria for law firms, and engagement terms. The regulation governs payment and reimbursement of legal costs, including litigation, alternative dispute resolution, and related professional services for covered DOE contracts.
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.
Appointment
Section 21 of the Canadian Energy Regulator Act establishes appointment procedures and tenure requirements for the Chief Executive Officer. The CEO is appointed by the Governor in Council on ministerial recommendation after consulting directors, must be a Canadian citizen or permanent resident, serves full-time on renewable terms up to six years with a maximum total tenure of ten years, cannot simultaneously hold a director position, and receives remuneration set by the Governor in Council.
Assistance to Foreign Atomic Energy Activities
10 CFR Part 810 regulates U.S. persons' participation in foreign atomic energy activities involving special nuclear material. It identifies generally authorized activities, those requiring Secretary authorization (including uranium/thorium conversion, plutonium processing, fuel fabrication, isotope separation, reactor development, and reprocessing), and establishes reporting requirements and civil penalties for violations. Excludes exports already authorized by other agencies and publicly available information.
Worker Safety and Health Program
10 CFR Part 851 establishes mandatory worker safety and health program requirements for contractors at Department of Energy sites. The rule requires safe and healthful workplaces, procedures for investigating violations, and appropriate remedies. It excludes work regulated by OSHA, naval nuclear propulsion operations, radiological hazards covered by other CFR parts, and transportation to/from DOE sites.
Power and Transmission Rates
10 CFR Part 903 establishes procedures for public participation in power and transmission rate adjustments by four federal Power Marketing Administrations (Alaska, Southeastern, Southwestern, and Western Area). The regulations define rate development processes, public consultation requirements, Secretary interim approval, and FERC submission, distinguishing minor adjustments (under 1% revenue change or systems with low capacity/sales) from major adjustments requiring full public participation.
General Guidelines for the Preliminary Screening of Potential Sites for a Nuclear Waste Repository
10 CFR Part 960 establishes general guidelines for the preliminary screening and evaluation of potential sites for nuclear waste repositories under the Nuclear Waste Policy Act of 1982. The regulations define key terms such as accessible environment, candidate sites, containment, and controlled areas, and establish the framework by which the Department of Energy evaluates site suitability in coordination with the NRC and affected states and Indian tribes.
General Policy for Pricing and Charging for Materials and Services Sold by DOE
10 CFR Part 1009 establishes DOE's pricing policy for materials and services sold to non-federal entities. Prices are generally set at full cost (direct plus allocable costs), with exceptions allowing commercial rates or lower prices for byproduct materials. The regulation defines cost accounting terms and applies to all DOE elements except FERC.
Domestic Uranium Program
10 CFR Part 760 establishes regulations for leasing DOE-controlled public lands to qualified US citizens, associations, and domestic corporations for uranium exploration and mining. Leases are awarded through competitive bidding to the highest acceptable bidder, with public announcements, specified bid requirements including deposits, eligibility criteria, and detailed lease terms governing mineral extraction activities.
Delay of issuance
The Canadian Energy Regulator may recommend to the Minister that an electricity export application be designated by Governor in Council order and may delay permit issuance during this process. The Commission must avoid duplicating provincial measures, consider effects on other provinces, verify the applicant offered domestic buyers fair access to available electricity at comparable terms, and account for regulatory factors.
Vacancy
A vacancy in the Canadian Energy Regulator Commission does not impair the authority of remaining commissioners to perform their regulatory functions and duties.
Jurisdiction
The Canadian Energy Regulator has exclusive jurisdiction to investigate non-compliance with the Act and authorization conditions, inquire into accidents involving pipelines, abandoned pipelines, international power lines, and offshore renewable energy projects, and issue findings, recommendations, and orders in the public interest.
Immediate right of entry
The Canadian Energy Regulator may issue orders granting companies immediate right of entry to lands following written application, provided landowners receive 30–60 days' advance notice detailing the entry purpose, application and access dates, regulator contact information for objections, and compensation advance details.
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.
Suspension of certificates
The Canadian Energy Regulator may suspend certificates under the Act if the certificate holder applies for suspension, consents to it, or violates certificate conditions. Suspension for non-compliance requires the regulator to provide written notice and allow the holder an opportunity to respond.
Revocation of certificates — application or consent
The Canadian Energy Regulator may revoke certificates issued under Part 2 of the Act by order, either upon application by the certificate holder or with their written consent.
Standard Specifications for the Granting of Patent Licenses
This regulation establishes standard specifications for the Nuclear Regulatory Commission to grant patent licenses on inventions vested in or controlled by the Commission under the Atomic Energy Act of 1954. It defines NRC inventions and foreign inventions, sets procedures for license applications and electronic communications, and specifies that only written interpretations by the General Counsel are binding on the Commission.
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.
Alternative dispute resolution
The Canadian Energy Regulator must provide alternative dispute resolution processes for disputes under the Act when all parties consent. Results are non-binding but may be considered by the Commission or designated officers in their decisions and may be made public with party consent.
Vesting
Under the Canadian Energy Regulator Act, orders granting immediate land entry rights automatically vest specified title, interests, and rights in the applicant company. The company must register the order with the land registrar and notify the Regulator and landowner within 30 business days.
Confidentiality
The Canadian Energy Regulator or a designated officer may take enforcement measures and issue orders to ensure compliance with confidentiality and information disclosure obligations under section 58 and related regulations.
Approval
Pipeline companies must obtain a Canadian Energy Regulator certificate before constructing any pipeline section, comply with all certificate conditions, secure Regulator approval of construction plans and specifications, and deposit certified copies in relevant land registries.
Conditions
Under the Canadian Energy Regulator Act section 65, the Commission, designated officers, and inspection officers have broad authority to impose any conditions they deem appropriate in decisions or orders issued under the Act.
Construction or operation
A person must obtain a permit under section 248 or a certificate under the Canadian Energy Regulator Act before constructing or operating an international or interprovincial power line that crosses navigable waters.
Agreements supersede Commission decisions
Under Canadian Energy Regulator Act section 332, a land acquisition or lease agreement between affected parties supersedes any prior Commission decision regarding lands acquired or leased by a company, provided the agreement meets the definition in subsection 321(1).
Prohibition — construction or ground disturbance
Section 335 of the Canadian Energy Regulator Act prohibits construction, ground disturbance, and vehicle operation on or across pipelines without authorization from the Regulator or pipeline company. The Regulator may issue orders governing facility design, construction, and safety measures, authorize companies to grant approvals, and direct remediation of non-compliant facilities. Violations are criminal offences with penalties up to $1 million.
Protection of mines
Pipeline companies must obtain authorization from a designated officer before locating, constructing, or operating pipelines in ways that obstruct, interfere with, or adversely affect active mining operations or lawful mine development preparations.