Showing 1–50 of 459 regulations
Design of Reactor Facilities, Version 2.1
Accident Management, Version 2
Compensation
Section 90 of the Canadian Energy Regulator Act clarifies that Directors, Commissioners, the Chief Executive Officer, and employees of the Canadian Energy Regulator are covered under the Government Employees Compensation Act and are considered employed in the federal public administration.
Application Guide: Certification of Radiation Devices or Class II Prescribed Equipment, Version 1.1
Safety Analysis for Class IB Nuclear Facilities
Public notice
The Canadian Energy Regulator must immediately notify the public when a compensation tribunal is established, including publication in the Canada Gazette detailing the tribunal's purpose and procedures for filing compensation claims.
Definition of document of authorization
Section 9 of the Canadian Energy Regulator Act defines 'document of authorization' as regulatory instruments issued by the CER, including certificates, permits, authorizations, licenses, and orders that establish the legal framework for energy infrastructure regulation in Canada.
Voluntary reporting
The Canadian Energy Regulator may establish voluntary reporting systems for alleged non-compliance with the Canadian Energy Regulator Act, subject to Governor in Council approval. Regulations may protect reporter identity, making identity-revealing information privileged and inadmissible in legal or disciplinary proceedings. Reports from protected systems cannot be used against the reporter.
Application
Section 160 of the Canadian Energy Regulator Act establishes a compensation claims tribunal where persons, organizations, governments, and Indigenous governing bodies may file claims for damages caused by pipeline releases from designated companies within prescribed timeframes. The Tribunal Chairperson must promptly assign claims to panels and notify all relevant parties.
Decision by Governor in Council
Section 186 of the Canadian Energy Regulator Act grants the Governor in Council authority to issue binding orders on pipeline certificate applications following CER recommendations. The Governor may approve certificates with conditions, dismiss applications, or refer recommendations for reconsideration. Orders must include written reasons demonstrating consideration of relevant factors and be issued within 90 days (extendable). Orders are final, must be published in the Canada Gazette within 15 days, and the CER must comply within seven days.
Purpose of Act
The Canadian Energy Regulator Act establishes federal regulatory authority over pipelines, power lines, offshore renewable energy facilities, and oil and gas exploration and exploitation. It mandates safe, secure, and efficient construction, operation, and abandonment while protecting people, property, and the environment, regulates energy product trade, and ensures fair, transparent, and efficient regulatory decision-making processes.
Deterministic Safety Analysis
Information Incorporated by Reference in Canada’s Packaging and Transport of Nuclear Substances Regulations, 2015, Volume I, Version 2
Application — Special Act lands
Under the Canadian Energy Regulator Act, any provision or regulation that applies to ordinary lands automatically extends to Special Act lands, ensuring uniform regulatory oversight and compliance requirements across all land categories within the regulator's jurisdiction.
Advisory committee
The Canadian Energy Regulator must establish an advisory committee with mandatory representation from First Nations, Inuit, and Métis organizations to enhance Indigenous participation in regulatory decisions affecting pipelines, power lines, offshore renewable energy projects, and abandoned pipelines.
Relief
The Canadian Energy Regulator Commission may grant applications wholly or partially and may impose additional or alternative relief beyond what was requested. This discretionary authority does not apply to certificate applications under Part 3 of the Act.
Form of compensation payment if land taken
Under Canadian Energy Regulator Act section 329, when a company takes or leases land, the Regulator must direct compensation payment at the landowner's option as either a lump sum or periodic payments. Interest may be awarded at the prime business loan rate from the date of land entry or when damages first occurred.
Participant funding program
The Canadian Energy Regulator must establish a participant funding program to enable public participation, particularly Indigenous peoples and organizations, in regulatory hearings and proceedings related to energy projects under the Canadian Energy Regulator Act.
Regulations
Section 78 of the Canadian Energy Regulator Act grants the Governor in Council authority to make regulations governing the Minister's power to enter into arrangements under section 77, including rules for procedures, applicable circumstances, required contents, and modifications to statutory or regulatory provisions.
Regulations
Section 333 of the Canadian Energy Regulator Act grants the Regulator authority to establish regulations governing land acquisition, leasing, expropriation, and compensation for energy projects. The regulations may address compensation procedures, notice service requirements, acquisition processes, agreement terms, approval criteria, and filing of voluntary landowner agreements.
Reports and recommendations to Minister
The Canadian Energy Regulator may submit reports to the Minister recommending measures for control, supervision, conservation, use, marketing and development of energy resources, and for ensuring the safety and security of regulated and abandoned energy facilities.
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.
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.
Exemption orders
The Canadian Energy Regulator Commission may issue conditional exemption orders relieving regulated facility holders from specific regulatory provisions when necessary to ensure safety and security of persons and facilities, protect property, or safeguard the environment.
Designation of inspection officers
The Canadian Energy Regulator's CEO may designate inspection officers to enforce safety, security, environmental, and property protection regulations at regulated and abandoned energy facilities. All designated officers must be provided with a certificate of authority and must produce it upon request.
Immunity
Inspection officers appointed under the Canadian Energy Regulator Act are granted civil immunity for actions or omissions made in good faith while exercising their statutory powers and performing duties under the Act.
Assets of company subject to executions
Section 341 of the Canadian Energy Regulator Act clarifies that the Act does not restrict financial or legal transactions involving company assets, including court-ordered asset sales, creation of liens, mortgages, and enforcement of security interests. Such transactions remain subject to applicable provincial laws where the property is located.
Prohibition — obstruction
Section 106 of the Canadian Energy Regulator Act prohibits any person from obstructing or hindering inspection officers while they exercise their powers or perform their duties and functions under the Act.
Effect of appeal
An appeal of a Canadian Energy Regulator order does not automatically suspend enforcement, but the Commission may exercise discretion to grant a stay of the order pending the appeal's outcome.
Definitions
Section 113 of the Canadian Energy Regulator Act establishes legal privilege protection for voice and video recordings of operating personnel at regulated energy facilities. Recordings are privileged and non-disclosable except when requested by the Regulator for accident inquiries, by coroners for investigations, or when courts determine public interest in justice outweighs privilege. Recordings cannot be used in disciplinary proceedings against facility operators or employees.
Commission of violation
Under Canadian Energy Regulator Act section 117, any person who contravenes or fails to comply with designated provisions, orders, decisions, or conditions commits a violation subject to penalties determined by regulation. Penalties are designed to promote compliance rather than punish.
Issuance and service of notice of violation
Section 120 of the Canadian Energy Regulator Act enables designated persons to issue notices of violation to those reasonably believed to have committed regulatory offences. Notices must identify the violator, describe relevant facts, state the penalty amount, and inform recipients of their right to request review and payment procedures. Failure to pay or request review within the specified period results in deemed violation and liability.
Violation or offence
Section 123 of the Canadian Energy Regulator Act establishes that violations and offences are mutually exclusive enforcement mechanisms. Regulators must choose to pursue a given act or omission as either an administrative violation or a criminal offence, but not both. Violations are excluded from Criminal Code section 126.
Right to request review
Under Canadian Energy Regulator Act section 125, any person served with a violation notice may request Commission review of the penalty amount or violation facts within 30 days of service, or within any extended period the Commission permits.
Correction or cancellation of notice of violation
Under the Canadian Energy Regulator Act section 126, a designated person may cancel a notice of violation or correct errors within it at any time before the Commission receives a review request regarding that notice.
Object of review
Section 128 of the Canadian Energy Regulator Act establishes the administrative review process for regulatory penalties. The Commission or reviewing officer determines whether penalties were correctly calculated per regulations and whether violations occurred, issuing written determinations with reasons. Miscalculated penalties must be corrected. Determinations are final and binding, subject only to judicial review by the Federal Court.
Payment
Under Canadian Energy Regulator Act section 130, payment of a penalty specified in a notice of violation constitutes an admission of the violation and terminates all related proceedings.
Recovery of loss, damage, costs, expenses
Section 137 of the Canadian Energy Regulator Act imposes joint and several liability on pipeline operators and contractors for unintended or uncontrolled releases of oil, gas, or other commodities. Liable parties must cover actual losses, response costs, and loss of non-use value. Liability is capped at $1 billion for major pipelines (≥250,000 barrels/day capacity); smaller pipelines face prescribed regulatory amounts. Claims recover in Canadian courts with priority ranking favoring actual loss over cost recovery, which ranks above non-use value claims.
Establishment of Tribunal
Section 143 of the Canadian Energy Regulator Act authorizes the Governor in Council to establish a pipeline claims tribunal to examine and adjudicate compensation claims arising from pipeline releases. The tribunal may only be established if deemed in the public interest based on extent of damage, estimated costs, and administrative advantages. The tribunal must operate equitably without discrimination based on nationality or residence.
Staff and facilities
The Canadian Energy Regulator must provide tribunals with professional, technical, secretarial, clerical, and other necessary assistance, along with facilities and supplies required for tribunals to exercise their regulatory powers and perform their duties.
Hearings
The Canadian Energy Regulator Act requires tribunals conducting regulatory proceedings to hold hearings within Canada at dates, times, and locations determined at the tribunal's discretion.
Examinations
Under Canadian Energy Regulator Act section 156, a Tribunal may require claimants or applicants to undergo medical or other examinations deemed reasonably necessary for adjudicating compensation claims or reconsideration applications.
Frivolous or vexatious claims
The Canadian Energy Regulator Act empowers the Tribunal to dismiss compensation claims or reconsideration applications it deems frivolous or vexatious, protecting regulatory resources from non-meritorious proceedings.
Written submissions
Under Canadian Energy Regulator Act section 158, a Tribunal may examine and adjudicate compensation claims or reconsideration applications based solely on written submissions, without requiring oral hearings.
Interim award of compensation
Under the Canadian Energy Regulator Act, a Tribunal may award interim compensation for compensation claims if authorized by regulations, and must notify the Regulator of the awarded amount.
Determining compensation
Under Canadian Energy Regulator Act section 163, a Tribunal determines whether to award compensation for claimed compensable damage, calculates amounts per regulations, and may award costs if authorized. The Tribunal must notify all parties of its decision, specifying compensation and cost amounts, any regulatory reductions, and previously paid amounts.
Total amount
Section 165 of the Canadian Energy Regulator Act establishes a financial cap on total payments issued by the Regulator under subsection 164(1), limiting them to the portion determined by the Minister of Finance under subsection 171(2).
Limitations
Section 181 of the Canadian Energy Regulator Act requires pipeline companies to obtain prior written Commission approval before selling, transferring, leasing, purchasing, acquiring, or amalgamating pipelines or abandoned pipelines.
Continuation of jurisdiction and obligation
Section 189 of the Canadian Energy Regulator Act clarifies that procedural delays do not strip the Regulator of jurisdiction over applications or reporting obligations, and all actions taken remain valid. The Governor in Council may also issue orders under section 186(1) even after statutory time limits have expired.