CACERCanadian Energy Regulator Act, s. 317Primary legislationIn force

Consent of council of the band

Section 317 of the Canadian Energy Regulator Act requires pipeline companies to obtain consent from Indigenous band councils before taking possession of, using, or occupying reserve lands for pipeline construction. Companies must also obtain Governor in Council approval for certain designated lands (Category IA-N, Category IA, and shíshálh lands). Companies must provide compensation if reserve or designated lands are taken, used, occupied, or adversely affected by pipeline construction.

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Consent of council of the band

317 (1) Despite section 35 of the Indian Act, a company must not, for the purpose of constructing a pipeline or engaging in the activities referred to in paragraph 313(a), take possession of, use or occupy lands in a reserve, within the meaning of subsection 2(1) of the Indian Act, without the consent of the council of the band, within the meaning of that subsection. (2) For greater certainty, nothing in subsection (1) is to be construed as modifying the application of the other provisions of this Act. (3) A company must not take possession of, use or occupy the following lands without the consent of the Governor in Council: (a) Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act; (a.1) Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act; or (b) shíshálh lands, as defined in subsection 2(1) of the shíshálh Nation Self-Government Act. (4) If the lands referred to in subsection (1) or (3) are taken possession of, used or occupied by a company, or if they are injuriously affected by the construction of a pipeline, compensation must be made by that company.

Source

https://laws-lois.justice.gc.ca/eng/acts/C-15.1/section-317.html

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Connexes dans Canada

CACERCanadian Energy Regulator Act, s. 2Primary legislationIn force

Definitions

Section 2 of the Canadian Energy Regulator Act establishes statutory definitions for federal energy infrastructure regulation, including abandoned facilities and pipelines, oil and gas exports and imports, ground disturbance thresholds for pipeline protection, and incorporates Indigenous governing bodies and knowledge in energy decision-making processes.

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CACERCanadian Energy Regulator Act, s. 307Primary legislationIn force

Application of sections 317 and 318

Section 307 of the Canadian Energy Regulator Act extends regulatory sections 317 and 318 to offshore renewable energy projects and offshore power lines by substituting references to companies with persons and pipelines with offshore facilities, ensuring equivalent regulatory requirements.

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CACERCanadian Energy Regulator Act, s. 140Primary legislationIn force

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.

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CACERCanadian Energy Regulator Act, s. 308Primary legislationIn force

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.

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CACERCanadian Energy Regulator Act, s. 32Primary legislationIn force

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.

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