CACERCanadian Energy Regulator Act, s. 322Primary legislationIn force

Notice of proposed acquisition or lease of lands

Pipeline companies must notify all identifiable landowners of lands required for pipeline construction or operation, providing detailed descriptions of required lands, compensation valuations, route approval procedures, and dispute resolution options. Pre-notice agreements are void, and companies are liable for all damages if they subsequently abandon acquisition or lease plans.

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Notice of proposed acquisition or lease of lands

322 (1) If a company has determined the lands that may be required for the purposes of a section or part of a pipeline, the company must serve a notice on all owners of the lands, to the extent that they can be ascertained, which notice must set out or be accompanied by (a) a description of the lands of the owner that are required by the company for that section or part; (b) details of the compensation offered by the company for the lands required; (c) a detailed statement made by the company of the value of the lands required in respect of which compensation is offered; (d) a description of the procedure for approval of the detailed route of the pipeline; (e) a description of the procedure available under this Part in the event that the owner of the lands and the company are unable to agree on any matter respecting the compensation payable; and (f) any prescribed information. (2) If an agreement referred to in section 321 is entered into with an owner of lands before a notice is served on the owner under this section, that agreement is void or, in Quebec, null. (3) If a company serves a notice on an owner of lands under subsection (1) and subsequently decides not to acquire or lease all or part of the land described in the notice, it is liable to the owner for all damages suffered and reasonable costs incurred by the owner in consequence of the notice and the abandonment of the acquisition or lease of the land.

Source

https://laws-lois.justice.gc.ca/eng/acts/C-15.1/section-322.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.

il y a 4 heures