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Instructions regarding timeliness

The Lead Commissioner of the Canadian Energy Regulator may issue procedural instructions to commissioners handling applications to ensure timely processing and resolution of matters before the Commission.

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.

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.

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.

Suspension or revocation of licences — contravention

The Canadian Energy Regulator may suspend or revoke a licence if the holder breaches a licence condition or if the regulator deems it in the public interest (with ministerial approval). The licence holder must receive notice of the alleged contravention and an opportunity to respond before any order is made.

Regulations

Canadian Energy Regulator Act section 353 empowers the Governor in Council to make regulations governing oil and gas exports, including licence quantities, validity periods (up to 40 years for natural gas, 25 years for oil), inspection requirements, price controls, and exemptions for exports to Chile and Costa Rica.

Variation of sanctions

Under Canadian Energy Regulator Act section 176, courts may vary sanctions orders against offenders upon application if circumstances have changed. Courts can modify prohibitions, directions, requirements, or conditions; extend enforcement duration up to one year; reduce duration; or partially or fully relieve compliance obligations after hearing the offender, regulator, and interested parties.

Licence Application Guide: Class IB Processing Facilities

Supplemental Information for Small Modular Reactor Proponents, Version 1.1

Licence Application Guide: Nuclear Substances and Radiation Devices, Version 2.1

Coming into force and cessation of effect — Commission

Section 67 of the Canadian Energy Regulator Act empowers the Commission, designated officers, and inspection officers to specify effective and cessation dates for authorization documents and orders, or impose conditions controlling their timing. Interim orders may be issued with decisions reserved, except for Part 3 certificates.

Personnel Certification: Radiation Safety Officers

Rules

The Canadian Energy Regulator Commission is authorized to establish procedural rules governing its operations, including the powers and duties of commissioners, conduct of hearings, issuance of decisions and orders, and internal administrative procedures.

Licence Application Guide: Licence to prepare Site for a Deep Geological Repository

Voluntary reporting

The Canadian Energy Regulator may establish voluntary reporting systems for alleged non-compliance with the Canadian Energy Regulator Act, subject to Governor in Council approval. Regulations may protect reporter identity, making identity-revealing information privileged and inadmissible in legal or disciplinary proceedings. Reports from protected systems cannot be used against the reporter.

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.

Reporting Requirements, Volume I: Non-Power Reactor Class I Facilities and Uranium Mines and Mills, Version 1.1

Construction or operation — navigable water

Under Canadian Energy Regulator Act section 218, any person must obtain a certificate or order from the Canadian Energy Regulator before constructing or operating a pipeline that crosses navigable waters in any manner (in, on, over, under, through, or across).

Effects of recommendation on navigation

The Canadian Energy Regulator must consider navigation safety impacts as a material factor when recommending pipeline approvals and making regulatory decisions for pipelines crossing navigable waters.

Right of entry

Section 309 of the Canadian Energy Regulator Act establishes the right for persons to enter and use offshore areas to conduct authorized works, manage abandoned offshore power lines, or develop offshore renewable energy projects. Lawful occupants may restrict access; disputes over entry rights are resolved through arbitration.

Standard Specifications for the Granting of Patent Licenses

Period of validity

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

Requirements for Renewal of Operating Licenses for Nuclear Power Plants

Role of the board of directors

Section 17 of the Canadian Energy Regulator Act establishes the board of directors' governance role, requiring it to provide strategic direction and advice to the Regulator while being prohibited from influencing specific Commission decisions or recommendations. The board may establish bylaws for its operations, with quorum defined as a majority of directors including the Chairperson.

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.

Domestic Licensing of Special Nuclear Material

Costs

Section 330 of the Canadian Energy Regulator Act establishes cost allocation rules for compensation disputes. If the awarded compensation exceeds 85% of the company's settlement offer, the company must pay all legal, appraisal, and reasonable costs incurred by the claimant. If the award is at or below 85% of the offer, the Commission has discretion to allocate costs.

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.

Financial Guarantees for Decommissioning of Nuclear Facilities and Termination of Licensed Activities

Issuance

The Canadian Energy Regulator Commission may issue electricity export licences subject to Governor in Council approval. Before issuing, the Commission must consider interprovincial effects, confirm applicants have informed domestic buyers of available quantities and service classes, and given domestic buyers equal opportunity to purchase on comparable terms. Any existing permits are revoked if the export licence is denied.

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.

Definitions

This section establishes key definitions under the Canadian Energy Regulator Act for regulatory jurisdiction and scope. 'Designated area' includes Canadian provinces, Sable Island, and federal submarine territories where Canada controls resource rights. 'Designated oil or gas' refers to specific oil or gas products subject to regulatory orders. 'Movement' covers domestic transportation of oil or gas but excludes exports.

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.

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.

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.

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.

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.

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.

Design of Uranium Mines and Mills: Ventilation Systems, Version 1.1

Domestic Licensing of Production and Utilization Facilities

Variation of licences

The Canadian Energy Regulator Commission may vary licences issued under the Act either on its own initiative or upon application. Non-minor or non-technical variations require ministerial approval if deemed in the public interest. The Commission may impose new or modified conditions as necessary to fulfil the Act's purposes.

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

Design of Reactor Facilities, Version 2.1

Reimbursement — measures taken by government institution

The Canadian Energy Regulator Commission may order pipeline operators to reimburse federal, provincial, municipal governments, Indigenous bodies, and other persons for reasonable costs incurred responding to unintended or uncontrolled releases of oil, gas, or other commodities from pipelines, even if costs exceed the operator's statutory liability limits.

Conduct of Licensed Activities: Construction and Commissioning Programs

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.

Offence and punishment

Section 379 of the Canadian Energy Regulator Act establishes criminal offences and penalties for contraventions of the Act or regulations. Summary conviction carries fines up to $100,000 or one year imprisonment; indictable offence carries fines up to $1,000,000 or five years imprisonment. Due diligence is a defence. Corporate officers, directors, and agents who direct or participate in offences are liable. Each day of continued violation constitutes a separate offence.

Time limit

The Canadian Energy Regulator must decide on oil and gas export licence applications within 180 days of receiving a complete application. The Minister may extend the deadline by up to 90 days, and the Governor in Council may grant further extensions. Time spent by applicants responding to information or study requests is excluded from the time limit calculation. Failure to meet the deadline does not affect the Regulator's jurisdiction or invalidate the licence.