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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.

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.

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.

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.

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

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.

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.

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.

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.

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.

Statement of Organization and General Information

Salary Offset Procedures for Collecting Debts Owed by Federal Employees to the Federal Government

Prohibition

A person must obtain Canadian Energy Regulator approval of plans, profiles, and books of reference for any international or interprovincial power line section before construction begins, and must deposit certified copies in the relevant land registry offices.

Material Control and Accounting of Special Nuclear Material

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.

Regulations

The Governor in Council may establish regulations defining circumstances under which Indigenous knowledge shared confidentially with the Canadian Energy Regulator may be disclosed without written consent, balancing regulatory transparency with Indigenous rights protection.

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.