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Affichage de 351–395 sur 395 réglementations

CACERCanadian Energy Regulator Act, s. 204Primary legislationIn force

Conditions

The Canadian Energy Regulator may impose any conditions it deems appropriate when issuing approvals for energy infrastructure projects, enabling tailored regulatory requirements specific to individual applications.

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CACERCanadian Energy Regulator Act, s. 152Primary legislationIn force

Payment by Regulator

Administrative provision requiring the Canadian Energy Regulator to pay remuneration and expenses for board members and staff as prescribed by the Canadian Energy Regulator Act.

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CACERCanadian Energy Regulator Act, s. 168Primary legislationIn force

Reconsideration

Section 168 of the Canadian Energy Regulator Act allows the Tribunal to reconsider compensation decisions on its own motion or upon claimant application when extraordinary circumstances warrant reconsideration despite the public interest in finality. The Chairperson must notify all affected parties of any reconsideration proceedings.

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CACERCanadian Energy Regulator Act, s. 172Primary legislationIn force

Regulations — Tribunal

Section 172 of the Canadian Energy Regulator Act grants the Governor in Council authority to establish regulations governing the Canadian Energy Regulator Tribunal, covering member appointment conditions, conflict of interest rules, chairperson powers and duties, procedures for member transitions, staff employment terms, and operational governance to enable the Tribunal's functions.

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CACERCanadian Energy Regulator Act, s. 175Primary legislationIn force

Orders of court

Court order provision under the Canadian Energy Regulator Act enabling judges to impose remedies on persons convicted of offences involving actual or potential unintended releases of oil, gas, or commodities from pipelines. Available remedies include operational prohibitions, environmental monitoring and audits, restoration, community service, publication of facts, notification requirements, financial penalties, compliance bonds, and educational donations, with orders valid for up to three years.

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CACERCanadian Energy Regulator Act, s. 201Primary legislationIn force

Notice to owners

Pipeline companies must serve written notice on all affected landowners and publish notices describing the proposed pipeline route and CER head office location. Landowners have 30 days from service to file written opposition; other persons anticipating adverse effects have 30 days from publication to oppose. The Regulator must publish notices on its website.

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CACERCanadian Energy Regulator Act, s. 187Primary legislationIn force

Compliance

Certificate holders under the Canadian Energy Regulator Act must comply with all statutory provisions, regulations, and orders issued by the regulator. Non-compliance constitutes a violation of certificate terms.

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CACERCanadian Energy Regulator Act, s. 188Primary legislationIn force

Application for judicial review

Section 188 of the Canadian Energy Regulator Act establishes the judicial review process for CER orders through the Federal Court of Appeal. Applications for leave must be filed within 15 days of order publication in the Canada Gazette, with possible extensions for special reasons, and courts must dispose of applications summarily.

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CACERCanadian Energy Regulator Act, s. 191Primary legislationIn force

Recommendation to vary or transfer

Under the Canadian Energy Regulator Act section 191, the Governor in Council may issue orders directing the Commission to vary or transfer energy certificates as recommended, decline the variation or transfer, or direct reconsideration of the matter.

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CACERCanadian Energy Regulator Act, s. 209Primary legislationIn force

Error as to names

Section 209 of the Canadian Energy Regulator Act permits pipeline construction across designated lands despite errors or omissions in the book of reference regarding landowner names or property interests, without requiring correction of such documentation defects.

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CACERCanadian Energy Regulator Act, s. 213Primary legislationIn force

Leave required

Pipeline companies must obtain a leave order from the Canadian Energy Regulator Commission before opening a pipeline or section for transmission of hydrocarbons or other commodities. Leave is granted only when the Commission is satisfied the pipeline can safely operate.

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CACERCanadian Energy Regulator Act, s. 228Primary legislationIn force

Commencement of tariff

Under Canadian Energy Regulator Act section 228, pipeline companies filing tariffs must obtain regulatory approval establishing an effective commencement date before charging tolls for transportation services.

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CACERCanadian Energy Regulator Act, s. 249Primary legislationIn force

Publication

Energy project applicants must publish notices of their applications in the Canada Gazette and other CER-designated publications. The Commission may waive this publication requirement if a critical electricity shortage is caused by terrorist activity as defined in the Criminal Code.

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CACERCanadian Energy Regulator Act, s. 269Primary legislationIn force

Power lines not works

International and interprovincial power lines subject to Canadian Energy Regulator orders are excluded from the definition of 'work' under the Canadian Navigable Waters Act, removing them from that Act's regulatory jurisdiction.

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CACERCanadian Energy Regulator Act, s. 233Primary legislationIn force

Disallowance

The Canadian Energy Regulator Commission may disallow tariffs or portions thereof that violate the Canadian Energy Regulator Act or Commission orders, and may require companies to file compliant replacement tariffs within a prescribed timeframe or prescribe alternative tariffs directly.

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CACERCanadian Energy Regulator Act, s. 282Primary legislationIn force

Recommendation not to vary or transfer

Under Canadian Energy Regulator Act section 282, the Governor in Council may issue an order directing the Commission to refuse variation or transfer of a pipeline certificate or to reconsider the matter when the Commission recommends against such action.

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CACERCanadian Energy Regulator Act, s. 7Primary legislationIn force

Binding on Her Majesty

Section 7 of the Canadian Energy Regulator Act establishes that the Act applies to and binds Her Majesty in right of Canada and the provinces, ensuring federal and provincial governments are subject to the same regulatory obligations as private entities in energy regulation matters.

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CACERCanadian Energy Regulator Act, s. 312.1Primary legislationIn force

Regulations — excluded periods

The Canadian Energy Regulator is authorized to make regulations defining circumstances in which time periods may be excluded from deadline calculations for pipeline applications and regulatory decisions, enabling flexible processing timelines.

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CACERCanadian Energy Regulator Act, s. 314Primary legislationIn force

Damages and compensation

Under the Canadian Energy Regulator Act, companies exercising regulatory powers must minimize operational damage and provide full compensation to affected parties for harm resulting from lawful exercise of those powers.

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CACERCanadian Energy Regulator Act, s. 328Primary legislationIn force

Settlement land or Tetlit Gwich’in Yukon land

Section 328 of the Canadian Energy Regulator Act applies specific provisions of the Yukon Surface Rights Board Act to the Canadian Energy Regulator when determining compensation matters involving settlement land or Tetlit Gwich'in Yukon land, treating the regulator as if it were the board for those determinations.

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CACERCanadian Energy Regulator Act, s. 336Primary legislationIn force

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.

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CACERCanadian Energy Regulator Act, s. 239Primary legislationIn force

Duty — company

Canadian pipeline operators must promptly receive, transport, and deliver all offered oil with due care. The Canadian Energy Regulator may extend similar obligations to gas and commodity pipelines by order, and may require operators to provide adequate facilities for receipt, transmission, storage, and interconnection where no undue burden results.

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CACERCanadian Energy Regulator Act, s. 337Primary legislationIn force

Right to minerals

Under Canadian Energy Regulator Act section 337, companies acquiring land through compulsory powers do not automatically own minerals (coal, oil, gas, metals, ores, slate) unless expressly purchased. All minerals are presumed reserved from transfers except where explicitly included in transfer documents, though companies may extract minerals necessary for constructing authorized works.

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CACERCanadian Energy Regulator Act, s. 346Primary legislationIn force

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.

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CACERCanadian Energy Regulator Act, s. 10Primary legislationIn force

Canadian Energy Regulator

Establishes the Canadian Energy Regulator as a federal Crown corporation and agent of Canada with its head office in Calgary, Alberta. The CEO may open or close additional offices after consulting the board of directors, with such administrative changes not affecting existing director or commissioner appointments.

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CACERCanadian Energy Regulator Act, s. 247Primary legislationIn force

Prohibition

Persons are prohibited from constructing or operating any section or part of an international power line without first obtaining a permit under section 248 or a certificate under section 262 of the Canadian Energy Regulator Act.

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CACERCanadian Energy Regulator Act, s. 248Primary legislationIn force

Issuance

The Canadian Energy Regulator must issue permits for construction and operation of international power lines upon application, subject to the Impact Assessment Act, unless the project is designated by Governor in Council order or an alternative regulatory election applies. Applicants must provide all information specified in regulations.

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CACERCanadian Energy Regulator Act, s. 34Primary legislationIn force

Orders and prohibitions

The Canadian Energy Regulator Commission may issue binding orders requiring compliance with the CER Act and authorization conditions, and may prohibit activities that violate the Act or breach authorization terms or Commission directives.

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CACERCanadian Energy Regulator Act, s. 47Primary legislationIn force

Replacement of commissioner during hearing

Procedural rule under the Canadian Energy Regulator Act allowing the Lead Commissioner to designate a replacement commissioner to continue hearings or render decisions if the assigned commissioner becomes unable to act or resigns during proceedings or between hearing conclusion and decision issuance.

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CACERCanadian Energy Regulator Act, s. 100Primary legislationIn force

Security regulations

The Canadian Energy Regulator is authorized to establish security regulations for energy facilities, including physical security standards, security plans, audits, and cybersecurity requirements. Violations are criminal offences with maximum penalties of $500,000 fine and five years imprisonment on indictment, or $100,000 fine and one year imprisonment on summary conviction.

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CACERCanadian Energy Regulator Act, s. 48Primary legislationIn force

Replacement of panel member during hearing

Section 48 of the Canadian Energy Regulator Act establishes procedures for replacing panel commissioners during hearings. If a commissioner becomes unavailable or resigns during a hearing, the Lead Commissioner may appoint a replacement to continue the hearing and participate in the decision. If unavailability occurs after the hearing concludes but before the decision is finalized, remaining commissioners may proceed unanimously to make the decision without replacement.

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CACERCanadian Energy Regulator Act, s. 76Primary legislationIn force

Collaborative processes

The Canadian Energy Regulator may establish collaborative arrangements with government bodies and Indigenous organizations to develop joint decision-making processes for coordinating energy sector regulation and project approvals.

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CACERCanadian Energy Regulator Act, s. 83Primary legislationIn force

Request of Minister

The Canadian Energy Regulator must provide ministerial advice and conduct requested studies on energy matters, facility safety, security, and oil and gas export pricing. Publication of such advice, studies, or reports requires prior written ministerial consent.

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CACERCanadian Energy Regulator Act, s. 301Primary legislationIn force

Suspension or revocation

The Canadian Energy Regulator may suspend or revoke an authorization by order if the holder requests it, consents to it, or breaches a condition. Before revoking for breach, the regulator must provide written notice and opportunity to be heard.

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CACERCanadian Energy Regulator Act, s. 349Primary legislationIn force

Transfer of licences

The Canadian Energy Regulator may transfer licences under this Division on application. Non-minor or non-technical transfers require ministerial approval based on public interest assessment. The Commission may impose new or modified conditions on transferred licences as necessary to fulfil the Act's purposes.

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CACERCanadian Energy Regulator Act, s. 350Primary legislationIn force

Suspension or revocation of licences — application or consent

The Canadian Energy Regulator Commission may suspend or revoke a licence issued under its authority if the licence holder applies for or consents to such suspension or revocation.

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CACERCanadian Energy Regulator Act, s. 84Primary legislationIn force

Other requests

The Canadian Energy Regulator may provide advisory services on energy matters, energy sources, and safety and security of regulated and abandoned facilities to federal, provincial, and territorial government departments, ministries, and agencies upon request.

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CACERCanadian Energy Regulator Act, s. 267Primary legislationIn force

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.

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CACERCanadian Energy Regulator Act, s. 85Primary legislationIn force

Powers — Inquiries Act

The Canadian Energy Regulator is granted all powers of commissioners under Part I of the Inquiries Act, enabling it to conduct inquiries and investigations with authority to examine witnesses and compel document production in carrying out its regulatory functions.

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CACERCanadian Energy Regulator Act, s. 87Primary legislationIn force

Regulations

The Canadian Energy Regulator may establish fees, levies, or charges with Treasury Board approval to recover regulatory costs attributable to its mandate, including costs for denied or withdrawn applications. Regulations specify interest rates on unpaid amounts, which become debts recoverable by the Crown in court.

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CACERCanadian Energy Regulator Act, s. 149Primary legislationIn force

Chairperson

Section 149 of the Canadian Energy Regulator Act establishes the appointment and governance structure of a Tribunal Chairperson, who is designated by the Governor in Council on ministerial recommendation. The Chairperson allocates work among tribunal members, assigns members to panels, designates panel presiders, and supervises tribunal staff operations.

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CACERCanadian Energy Regulator Act, s. 150Primary legislationIn force

Staff

Section 150 of the Canadian Energy Regulator Act authorizes the Tribunal to employ necessary staff, define their duties and employment conditions, and set compensation with Treasury Board approval.

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CACERCanadian Energy Regulator Act, s. 242Primary legislationIn force

Costs and expenses related to abandonment

The Canadian Energy Regulator may require pipeline companies to establish and maintain financial funds or security to ensure they can pay for pipeline abandonment and related costs. The Regulator can direct use of these funds, authorize third parties to access them, realize security to cover abandonment expenses, and allocate any surplus to the Orphan Pipelines Account.

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CACERCanadian Energy Regulator Act, s. 243Primary legislationIn force

Orphan pipelines

Under the Canadian Energy Regulator Act, a designated officer may declare a pipeline an orphan pipeline if the certificate-holding company cannot be located, is unknown, insolvent, bankrupt, in receivership, or dissolved. Persons named in prior regulatory orders or authorized under Special Acts are deemed certificate holders for orphan pipeline designation purposes.

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CACERCanadian Energy Regulator Act, s. 390Primary legislationIn force

Regulations

The Governor in Council may make regulations under the Canadian Energy Regulator Act to designate substances from hydrocarbon or coal processing (such as asphalt or lubricants) as oil or gas products, and to exempt oil, gas, or specific classes thereof from Act provisions, subject to Regulator consultation for exemptions.

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