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. 64Primary legislationIn force

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.

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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. 351Primary legislationIn force

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.

il y a 3 heures
CACERCanadian Energy Regulator Act, s. 92Primary legislationIn force

Statutory Instruments Act

Section 92 of the Canadian Energy Regulator Act exempts orders and directions issued by the Commission, designated officers, or inspection officers from statutory instrument classification when they apply to a single person or entity, a single regulated facility, or are issued immediately for safety, security, environmental protection, or property protection purposes.

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CACERCanadian Energy Regulator Act, s. 96Primary legislationIn force

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.

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