Showing 151–200 of 459 regulations
Variation of licences or authorizations
The Canadian Energy Regulator Commission or its delegates may modify the conditions of operating licences or authorizations issued under the Canada Oil and Gas Operations Act, providing regulatory flexibility in managing oil and gas operations.
Application
Under the Canadian Energy Regulator Act, the Commission must review orders referred by the Chief Safety Officer or Chief Conservation Officer. The Commission may confirm or set aside such orders, with the burden on the requesting party to establish that the order is unnecessary.
Offence and punishment
Section 387 of the Canadian Energy Regulator Act establishes criminal penalties for non-compliance with Commission orders under sections 384-385. Summary conviction carries fines up to $100,000 and/or one year imprisonment; indictable conviction carries fines up to $1,000,000 and/or five years imprisonment. A due diligence defence is available, and Canada Oil and Gas Operations Act provisions apply.
Regulations respecting accounts, etc.
The Canadian Energy Regulator may establish regulations governing accounting practices and record-keeping for pipeline operators, oil/gas/electricity exporters, and licensed entities. Requirements cover account maintenance methods, depreciation accounting, uniform account systems, and submission of records on capital, revenues, expenses and operational matters. Violations are summary offences unless due diligence is demonstrated.
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.
Safeguards and Nuclear Material Accountancy
Site Access Security Clearance
Licence Application Guide: Nuclear Substances and Radiation Devices, Version 2.1
Definition of owner
Section 320 of the Canadian Energy Regulator Act defines 'owner' for purposes of sections 321-334 as any person entitled to compensation under section 314, establishing legal standing for damage claims in energy regulation matters.
Reporting Requirements for Nuclear Power Plants, Version 3
Section 3
This section has been repealed and contains no active regulatory content.
Short title
This is the short title clause of the Canadian Energy Regulator Act, establishing the official name of Canada's primary federal legislation for regulatory oversight and approval of energy projects.
Jurisdiction — Inuvialuit Settlement Region
The Canadian Energy Regulator has regulatory jurisdiction over onshore oil and gas operations in the Inuvialuit Settlement Region of the Northwest Territories until March 31, 2034. After that date, continued federal regulation requires mutual agreement between Canada and the Northwest Territories, renewable in successive 20-year periods or subject to earlier termination by agreement.
Conflict of Interest Act
Canadian Energy Regulator directors must disclose conflicts of interest, including direct involvement in hydrocarbon, electricity, or offshore energy production, trading, transmission, import/export; holdings of securities in energy corporations; and outside employment inconsistent with regulatory duties.
Annual report
The Canadian Energy Regulator's board must submit an annual report to the Minister within 120 days of each fiscal year end (March 31), detailing the Regulator's activities. The Minister must table the report in Parliament within 15 sitting days of receipt.
Role of Chairperson
Section 19 of the Canadian Energy Regulator Act defines the Chairperson's authority to preside over board meetings and perform assigned duties. The Vice-Chairperson may temporarily assume the role during absences but requires Governor in Council approval to act beyond 90 days.
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.
Role of the board of directors
Section 17 of the Canadian Energy Regulator Act establishes the board of directors' governance role, requiring it to provide strategic direction and advice to the Regulator while being prohibited from influencing specific Commission decisions or recommendations. The board may establish bylaws for its operations, with quorum defined as a majority of directors including the Chairperson.
Change in composition of panel
Administrative provision establishing that when a regulatory panel's composition changes, all evidence and representations previously submitted remain valid and binding on the Canadian Energy Regulator unless formally reviewed, varied, or rescinded by the Commission.
Design of Industrial Radiography Installations
Power of the Regulator
The Canadian Energy Regulator is authorized to make regulations prescribing circumstances under which periods may be excluded from time limit calculations in regulatory proceedings, providing procedural flexibility in managing application and decision timelines.
Authorization — report
Section 46 of the Canadian Energy Regulator Act authorizes the Lead Commissioner to designate commissioners to report on Commission matters and applications. Authorized commissioners possess full investigatory and evidentiary powers for information gathering. Reports may be formally adopted as Commission decisions or handled otherwise as deemed appropriate.
Annual report
The Canadian Energy Regulator must submit an annual report to the Minister within 120 days following each fiscal year ending March 31, detailing its activities under the Act. The Minister must present the report to Parliament within 15 sitting days of receipt. Additional reports may be submitted at the regulator's discretion.
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.
Alternative dispute resolution
The Canadian Energy Regulator must provide alternative dispute resolution processes for disputes under the Act when all parties consent. Results are non-binding but may be considered by the Commission or designated officers in their decisions and may be made public with party consent.
Power to act on own initiative
The Canadian Energy Regulator may independently initiate inquiries, hearings, and determinations on any matter within its statutory jurisdiction without requiring an external application or complaint.
Acting Lead Commissioner
The Deputy Lead Commissioner of the Canadian Energy Regulator may assume the Lead Commissioner role during absence, incapacity, or vacancy, but cannot act for more than 90 days without Governor in Council approval.
Authorization — powers, duties and functions
The Lead Commissioner of the Canadian Energy Regulator may delegate regulatory powers, duties, and functions to commissioners, either jointly or individually, except for procedural, appellate, investigative, enforcement, and review matters under specified sections. Actions taken under delegation are deemed performed by the Commission itself.
Nuclear Criticality Safety, Version 1.1
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.
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.
For greater certainty
Section 25 of the Canadian Energy Regulator Act clarifies that the Chief Executive Officer must provide support services and facilities necessary for the Commission to exercise its regulatory powers and perform its duties.
Confidentiality
The Canadian Energy Regulator or a designated officer may take enforcement measures and issue orders to ensure compliance with confidentiality and information disclosure obligations under section 58 and related regulations.
Confidentiality
Section 61 of the Canadian Energy Regulator Act authorizes the Commission and designated officers to issue confidentiality orders protecting sensitive information from public disclosure when disclosure poses a real and substantial risk to pipeline, power line, or offshore renewable energy infrastructure security, protective systems, or public safety.
Orders
The Canadian Energy Regulator may issue orders requiring facility holders to repair, reconstruct, or alter regulated facilities to ensure safety, security, and environmental protection. Orders can be directed at Indigenous bodies, governments, third parties, and others. Non-compliance authorizes the Regulator to take direct action or engage third parties, with liability protection for good-faith interventions.
General or particular application
The Canadian Energy Regulator or a designated officer may issue orders, directions, and impose conditions either generally across all regulated entities or specifically for particular cases or classes of cases, enabling flexible regulatory application.
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.
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.
Coming into force and cessation of effect — Commission
Section 67 of the Canadian Energy Regulator Act empowers the Commission, designated officers, and inspection officers to specify effective and cessation dates for authorization documents and orders, or impose conditions controlling their timing. Interim orders may be issued with decisions reserved, except for Part 3 certificates.
Powers of liquidators, trustees, etc.
Section 5 of the Canadian Energy Regulator Act expands the definition of 'company' for regulatory purposes to include liquidators, receivers, managers, and trustees authorized to operate businesses; persons operating pre-1953 pipelines or exempted pipelines; Quebec court-appointed administrators; and successors handling abandoned pipelines.
Authority to enter
Section 103 of the Canadian Energy Regulator Act authorizes inspection officers to enter non-dwelling facilities without warrant to verify compliance with energy regulations. Officers may examine equipment, access computer systems, conduct tests and sampling, take photographs, remove items for analysis, and direct operational changes. Property owners must provide reasonable assistance and access to documents and information.
Regulations imposing fees, etc.
Section 142 of the Canadian Energy Regulator Act authorizes the regulator to impose fees, levies, and charges on pipeline operators to recover government costs from commodity release incidents. Primary liability falls on the responsible operator; if recovery is insufficient, fees extend to other operators transporting the same or similar commodities. Regulations prescribe fee calculation methods and interest rates on unpaid amounts, which become recoverable debts to the Crown.
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.
Power to review, vary or rescind — Commission
Section 69 of the Canadian Energy Regulator Act empowers the Commission and designated/inspection officers to review, vary, rescind decisions and orders, and re-hear applications. This authority excludes operating licences, authorizations under sections 382–383, and development plan approvals under the Canada Oil and Gas Operations Act.
Grounds for making order
Section 109 of the Canadian Energy Regulator Act authorizes inspection officers to issue orders directing persons to cease contraventions, implement compliance measures, or prevent hazards to safety, security, property, or the environment. Orders may suspend facility operations until remediation is complete, with mandatory written notice and reporting to the Commission.
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.
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.
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.