Parcourir 18,548 réglementations de 36 régulateurs

Terms and conditions before July 3, 2013

Transitional provision establishing that terms, conditions, and approvals imposed before July 3, 2013 on international or interprovincial power lines under the former National Energy Board Act remain enforceable under the Canadian Energy Regulator Act. Constructors must comply with previously approved orders, regulations, plans, and specifications unless modified by the Canadian Energy Regulator.

Decisions

The Canadian Energy Regulator must distribute copies of its decisions on applications to the applicant company and all parties to the proceeding within seven days of making the decision.

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).

Matters to be taken into account

The Canadian Energy Regulator must consider all written submissions and public hearing representations when approving pipeline construction plans, routes, and methods. The Regulator may approve sections where no submissions have been filed.

Criteria

The Canadian Energy Regulator must not issue an export licence for oil or gas unless it determines the export quantity does not exceed Canada's surplus after accounting for reasonably foreseeable domestic requirements and considering Canadian oil and gas discovery trends.

Pipeline not work

Section 220 of the Canadian Energy Regulator Act clarifies that pipelines are excluded from the definition of 'work' under the Canadian Navigable Waters Act, establishing that pipeline regulation falls exclusively under Canadian Energy Regulator jurisdiction.

Establishment and composition

The Canadian Energy Regulator is governed by a board of 5–9 directors, including a Chairperson and Vice-Chairperson, with at least one director required to be an Indigenous person.

Appointment

Section 15 of the Canadian Energy Regulator Act establishes procedures for appointing the CER's Chairperson, Vice-Chairperson, and directors by the Governor in Council on a part-time basis for terms up to five years, with reappointment eligibility. Appointees must be Canadian citizens or permanent residents and cannot simultaneously hold positions as CER employees, commissioners, or Chief Executive Officer.

Proof of financial responsibility

Under Canadian Energy Regulator Act section 304, applicants for CER authorization must provide proof of financial responsibility (letter of credit, guarantee, indemnity bond, or other acceptable form). This proof must remain in force throughout the authorized activity. The Regulator may draw on these funds for eligible claims, with amounts recovered offset against subsequent legal liability awards.

Tariff to be filed

Energy transportation companies must file all tariffs and amendments with the Canadian Energy Regulator to ensure transparent disclosure of pricing and service terms for pipeline and energy transportation services.

Limitation

Canadian Energy Regulator Act section 241 requires pipeline companies to obtain Commission approval before abandoning any pipeline. Companies must notify affected landowners and publish notices in local media. Mandatory public hearings apply if written opposition is filed unless withdrawn or deemed frivolous. The Commission may impose conditions on abandonment approvals, and companies remain liable for abandoned pipelines.

Variation or transfer of permits

The Canadian Energy Regulator Commission may vary or transfer permits issued under the Canadian Energy Regulator Act either on its own motion or upon application. When varying or transferring a permit, the Commission may impose new or modified conditions it deems necessary to advance the Act's purposes and provisions.

Reasons

The Canadian Energy Regulator must provide written reasons for each recommendation made to the Governor in Council or Minister, and must publicly disclose both the recommendations and their supporting rationale.

Rules of General Applicability to Domestic Licensing of Byproduct Material

Period of validity

Under the Canadian Energy Regulator Act, permits and licences issued by the regulator have a maximum validity period of 30 years.

Regulations

Section 98 of the Canadian Energy Regulator Act empowers the Governor in Council to establish regulations requiring pipeline operators to monitor facilities and implement preparedness and response measures for unintended or uncontrolled releases of oil, gas, or other commodities.

Intergovernmental Review of Department of Energy Programs and Activities

This regulation implements Executive Order 12372 to establish an intergovernmental review process for Department of Energy federal financial assistance and direct federal development programs. It requires DOE to consult with state and local governments, accommodate their concerns, and coordinate reviews across jurisdictions, while fostering federalism through reliance on state review processes.

Authorized tolls

Section 229 of the Canadian Energy Regulator Act prohibits pipeline companies from charging tolls unless authorized by filed and approved tariffs or Commission orders. When companies own the oil, gas, or commodities transported through their pipelines, they must file sales contracts and amendments with the Regulator upon request, which are treated as tariffs for regulatory purposes.

Consent for Access to Information on Department of Energy Computers

This regulation establishes minimum requirements for individuals accessing Department of Energy computers, mandating written consent acknowledging no expectation of privacy and permitting authorized investigative agency access during employment and for three years thereafter. DOE contractors must obtain and maintain written acknowledgments from employees and subcontractor employees before granting computer access.

Compliance

All permits and certificates issued under the Canadian Energy Regulator Act must comply with the Act, its regulations, and applicable federal and provincial orders made under this Act or provincial laws. Non-compliance constitutes a violation of permit and certificate terms.

Extraordinary Nuclear Occurrences

10 CFR Part 840 establishes administrative criteria for determining "extraordinary nuclear occurrences" under DOE contractor indemnity agreements. It sets thresholds for substantial discharge or dispersal of source, special nuclear, or byproduct material and offsite radiation levels, then requires evaluation of whether substantial damages to persons or property offsite have occurred or are probable. The criteria are distinct from health and safety regulatory limits and apply to DOE contractor activities covered by nuclear hazards indemnity provisions.

Tolls

Section 230 of the Canadian Energy Regulator Act mandates that all pipeline tolls be just and reasonable, with equal rates applied to all shippers transporting the same type of traffic over the same route under substantially similar circumstances and conditions.

Suspension of certificates

The Canadian Energy Regulator Commission may suspend energy certificates by order if the certificate holder requests suspension, consents to it, or breaches certificate conditions. Before suspending for non-compliance, the Commission must provide written notice and opportunity for the holder to respond.

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.

Notices, Instructions and Reports to Workers: Inspection and Investigations

Licenses and Radiation Safety Requirements for Well Logging

Criteria and Procedures for Determining Eligibility for Access to Restricted Data or National Security Information or an Employment Clearance

Licenses and Radiation Safety Requirements for Irradiators

DOE Patent Licensing Regulations

DOE patent licensing regulations establish procedures for granting nonexclusive, exclusive, or partially exclusive licenses to inventions from DOE-supported research and development. The Secretary of Energy determines license grants based on U.S. national interests. The regulations define appeal rights for denied applicants, terminated licensees, and third-party objectors, with appeals filed to the Deputy General Counsel within 30 days of agency action.

Procedural Rules for the Assessment of Civil Penalties for Classified Information Security Violations

This regulation establishes procedural rules for assessing civil penalties against DOE contractors and subcontractors who violate classified information security requirements, including safeguarding of Restricted Data and national security information. Civil penalties may reach $187,668 per violation. The rules apply to entities with DOE contracts entered after October 5, 1999, but exclude individual employees and cap total penalties to annual DOE fees for certain entities.

Occupational Radiation Protection

10 CFR Part 835 establishes occupational radiation protection standards and limits for DOE activities to protect workers from ionizing radiation. The regulation defines scope, exclusions (NRC-licensed activities, naval reactors, medical uses, foreign territory operations), and requires compliance with occupational dose limits. Key concepts include accountable sealed sources, airborne radioactivity, and ALARA principles for minimizing radiation exposure.

Purpose of Act

The Canadian Energy Regulator Act establishes federal regulatory authority over pipelines, power lines, offshore renewable energy facilities, and oil and gas exploration and exploitation. It mandates safe, secure, and efficient construction, operation, and abandonment while protecting people, property, and the environment, regulates energy product trade, and ensures fair, transparent, and efficient regulatory decision-making processes.

Trespassing on Department of Energy Property

This regulation prohibits unauthorized entry onto Department of Energy facilities and properties, and bars the carrying or introduction of weapons, explosives, or dangerous materials onto such premises. Violations of trespass or unauthorized introduction of dangerous items are punishable by fines up to $5,000 for basic infractions, or up to $100,000 and one year imprisonment for violations involving enclosed structures. DOE must post notices at facility entrances and perimeters.

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.

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.

Inconsistencies

Section 43 of the Canadian Energy Regulator Act establishes regulatory hierarchy, providing that instructions issued under section 41 and measures taken under section 42(1) take precedence over rules made under section 35 in cases of conflict or inconsistency.

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.

Offence

Section 293 of the Canadian Energy Regulator Act creates criminal liability for violating regulations under section 270, prosecuted by summary conviction. A due diligence defence is available if the defendant demonstrates they exercised reasonable care to prevent the offence.

Agency Rules of Practice and Procedure

Regulations

The Governor in Council may establish regulations delegating technical and administrative powers, duties, and functions of the Canadian Energy Regulator to designated officers, including specifying the circumstances and procedures for their exercise.

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.

Quorum

Three commissioners constitute a quorum of the Canadian Energy Regulator Commission, subject to exceptions specified in sections 42(2), 45-47, and 48(2) of the Canadian Energy Regulator Act.

Conflict of Interest Act

Section 22 of the Canadian Energy Regulator Act defines conflict of interest circumstances for the CEO, prohibiting ownership, shareholding, directorship, or involvement in hydrocarbon production, electricity generation/transmission, offshore energy operations, related securities, incompatible employment, and concurrent positions at the Regulator.

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.

Inconsistencies

Section 79 of the Canadian Energy Regulator Act establishes a conflict-resolution hierarchy: arrangements under section 77 prevail over those under section 76 to the extent of any inconsistency between them.

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.

Apportionment of work

The Chief Executive Officer of the Canadian Energy Regulator must allocate work tasks and responsibilities among designated officers for powers, duties, and functions specified in regulations made under section 54.

Advisory committee

The Canadian Energy Regulator must establish an advisory committee with mandatory representation from First Nations, Inuit, and Métis organizations to enhance Indigenous participation in regulatory decisions affecting pipelines, power lines, offshore renewable energy projects, and abandoned pipelines.

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.

Compensation

Section 90 of the Canadian Energy Regulator Act clarifies that Directors, Commissioners, the Chief Executive Officer, and employees of the Canadian Energy Regulator are covered under the Government Employees Compensation Act and are considered employed in the federal public administration.