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Extension or improvement

The Canadian Energy Regulator may direct natural gas pipeline operators to extend or improve facilities to interconnect with local distribution networks and serve municipalities or adjacent communities, provided no undue burden is imposed on the operator and service to existing customers is not impaired.

Determining compensation

Section 169 of the Canadian Energy Regulator Act establishes the Tribunal's procedure for determining compensation when amending a decision on reconsideration. The Tribunal must decide whether to award compensation for compensable damage claimed, calculate amounts per regulations accounting for prior payments, and may award authorized costs. Written notice must specify compensation awarded, cost determinations, regulatory reductions, and previously paid amounts.

Protection of mines

Pipeline companies must obtain authorization from a designated officer before locating, constructing, or operating pipelines in ways that obstruct, interfere with, or adversely affect active mining operations or lawful mine development preparations.

Application for correction of errors

Under Canadian Energy Regulator Act section 208, pipeline companies must apply to the Regulator for a permit to correct any omissions, misstatements, or errors in registered plans, profiles, or books of reference. Once the Regulator issues a permit and certified copies are deposited with the appropriate land registry office, the documents are deemed corrected and pipeline construction may proceed in accordance with the correction.

Operations Programs for Reactor Facilities

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.

Issuance

The Canadian Energy Regulator Act s. 370 authorizes the Commission to issue licenses permitting movement of designated oil or gas out of designated areas, subject to regulatory conditions and compliance with the Act, its regulations, orders, and applicable provisions of the Energy Administration Act.

Orders and prohibitions

The Canadian Energy Regulator Commission may issue binding orders requiring compliance with the CER Act and authorization conditions, and may prohibit activities that violate the Act or breach authorization terms or Commission directives.

Instructions regarding timeliness

The Lead Commissioner of the Canadian Energy Regulator may issue procedural instructions to commissioners handling applications to ensure timely processing and resolution of matters before the Commission.

Revocation of certificates — contravention

The Canadian Energy Regulator may revoke certificates issued under the Act if the holder breaches any condition, provided written notice of the alleged breach is issued and the holder is given an opportunity to respond before revocation.

Definitions

This section establishes key definitions under the Canadian Energy Regulator Act for regulatory jurisdiction and scope. 'Designated area' includes Canadian provinces, Sable Island, and federal submarine territories where Canada controls resource rights. 'Designated oil or gas' refers to specific oil or gas products subject to regulatory orders. 'Movement' covers domestic transportation of oil or gas but excludes exports.

Rules

The Canadian Energy Regulator Commission is authorized to establish procedural rules governing its operations, including the powers and duties of commissioners, conduct of hearings, issuance of decisions and orders, and internal administrative procedures.

Authorization to continue

Under the Canadian Energy Regulator Act section 51, the Lead Commissioner may authorize a departing commissioner to continue exercising regulatory powers in assigned matters until final decisions are issued, subject to conditions specified by the Lead Commissioner.

Prohibition — work or activity

Section 297 of the Canadian Energy Regulator Act prohibits persons from conducting work or activities related to offshore renewable energy projects or offshore power lines in Canadian offshore areas, or constructing, operating, or abandoning offshore power line components within provinces, unless they obtain prior authorization from the Canadian Energy Regulator.

Prohibition — construction or ground disturbance

Section 335 of the Canadian Energy Regulator Act prohibits construction, ground disturbance, and vehicle operation on or across pipelines without authorization from the Regulator or pipeline company. The Regulator may issue orders governing facility design, construction, and safety measures, authorize companies to grant approvals, and direct remediation of non-compliant facilities. Violations are criminal offences with penalties up to $1 million.

Conditions

Under the Canadian Energy Regulator Act section 65, the Commission, designated officers, and inspection officers have broad authority to impose any conditions they deem appropriate in decisions or orders issued under the Act.

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.

Order to reconsider

Section 184 of the Canadian Energy Regulator Act enables the Governor in Council to order the Commission to reconsider its report recommendations or conditions. Orders are binding and must be published in the Canada Gazette within 15 days. The Commission must submit a reconsideration report confirming, modifying, or replacing recommendations and conditions while addressing all necessary public interest factors. The reconsideration report is final unless another order is issued.

Offence and punishment

Section 379 of the Canadian Energy Regulator Act establishes criminal offences and penalties for contraventions of the Act or regulations. Summary conviction carries fines up to $100,000 or one year imprisonment; indictable offence carries fines up to $1,000,000 or five years imprisonment. Due diligence is a defence. Corporate officers, directors, and agents who direct or participate in offences are liable. Each day of continued violation constitutes a separate offence.

Delay of issuance

The Canadian Energy Regulator may recommend to the Minister that an electricity export application be designated by Governor in Council order and may delay permit issuance during this process. The Commission must avoid duplicating provincial measures, consider effects on other provinces, verify the applicant offered domestic buyers fair access to available electricity at comparable terms, and account for regulatory factors.

Licence Application Guide: Licence to Construct A Reactor Facility, Version 2

Chemistry Control for Reactor Facilities

Probabilistic Safety Assessment (PSA) for Reactor Facilities, Version 2

Governor in Council directions

Section 13 of the Canadian Energy Regulator Act empowers the Governor in Council to issue binding policy directions to the Canadian Energy Regulator on broad matters within its regulatory mandate. All such directions must be published in the Canada Gazette and tabled in Parliament.

Protection of pipeline from mining operations

Canadian Energy Regulator Act section 338 prohibits mining and mineral prospecting within 40 metres of pipelines and connected infrastructure without authorization from a designated officer. Oil and gas wells under pipelines are exempt if drilled beyond the 40-metre buffer. Applicants must submit detailed plans and profiles; officers may impose conditions to protect safety and security.

Acting Lead and Deputy Lead Commissioners

Establishes succession procedures for the Canadian Energy Regulator: when both the Lead Commissioner and Deputy Lead Commissioner are absent, unable to act, or their positions are vacant, the Minister may designate another commissioner as acting Lead Commissioner for up to 90 days; longer appointments require Governor in Council approval.

Measures to meet time limit

Section 42 of the Canadian Energy Regulator Act grants the Lead Commissioner authority to take administrative measures to ensure prescribed time limits for energy applications are met, including removing or reassigning commissioners, adjusting panel composition, or designating a single commissioner to handle the application.

Mandate

The Canadian Energy Regulator's mandate encompasses making transparent decisions and orders on pipelines, power lines, and offshore renewable energy projects; overseeing their construction, operation, and abandonment; setting traffic, tolls, and tariffs; managing oil and gas interests; providing advisory services and dispute resolution; and exercising authority while respecting Indigenous peoples' rights.

Confidentiality

Section 60 of the Canadian Energy Regulator Act authorizes the Commission and designated officers to issue confidentiality orders protecting information in regulatory proceedings. Confidentiality may be granted to prevent material financial loss or competitive prejudice, to protect confidential financial, commercial, scientific or technical information when the discloser's interest outweighs public interest, or when disclosure poses real and substantial risks to safety, well-being, property or the environment.

Order designating Minister

Administrative provision enabling the Governor in Council to designate a federal minister responsible for administering the Canadian Energy Regulator Act.

Construction — utility

Pipeline companies must obtain a Canadian Energy Regulator certificate or conditional leave before constructing pipelines that cross utilities (highways, telecommunications, transmission lines, sewers, drainage systems). The Commission may grant leave with or without conditions, require documentation, and retroactively approve urgent work if advance notice was provided.

Public hearings

Section 52 of the Canadian Energy Regulator Act mandates public hearings for decisions to issue, suspend, or revoke certificates for interprovincial and international pipelines and power lines. Exceptions apply when certificate holders consent to suspension or revocation of non-operational facilities. The Commission may discretionarily hold public hearings on other matters and must publicly disclose its reasoning.

Offence and punishment — duty to assist and orders

Section 112 of the Canadian Energy Regulator Act establishes criminal penalties for non-compliance with CER duties and orders. Violations of section 103(4) or failure to comply with section 109 orders result in fines up to $1,000,000 and/or five years imprisonment on indictment, or up to $100,000 and/or one year on summary conviction. Contraventions of sections 106 and 107 carry summary conviction fines of up to $100,000 for first offences and up to $300,000 for subsequent offences.

Regulations

The Canadian Energy Regulator may establish regulations designating contraventions of the CER Act, permits, orders, and conditions as enforceable violations subject to administrative penalties up to $25,000 for individuals and $100,000 for other persons. Regulations will specify penalty determination methods and service procedures.

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.

Warrant to enter dwelling-house or living quarters

Section 104 of the Canadian Energy Regulator Act establishes procedures for inspection officers to enter dwelling-houses or living quarters. Entry requires a warrant issued by a justice of the peace, obtained on ex parte application demonstrating necessity for compliance verification and occupant refusal or likelihood of refusal. Force may only be used if explicitly authorized in the warrant and accompanied by a peace officer.

Reasons

The Canadian Energy Regulator and its designated officers must issue written reasons for all decisions and orders, which must be made publicly available except for decisions concerning only internal administrative matters.

Financial resources

Pipeline companies authorized under the Canadian Energy Regulator Act must maintain financial resources sufficient to cover liability limits set by the Commission. The Commission may specify required types and amounts of financial resources, including letters of credit, guarantees, bonds, insurance, and readily accessible funds. Companies must demonstrate compliance upon request and maintain these resources until obtaining abandonment approval.

Powers of Regulator

Section 116 of the Canadian Energy Regulator Act grants the Regulator authority to establish standardized forms and short-form descriptions for violation notices, permits the Commission to designate persons to conduct regulatory reviews, and allows the Chief Executive Officer to designate officers authorized to issue violation notices.

Orders of court

Court order provision under the Canadian Energy Regulator Act enabling judges to impose remedies on persons convicted of offences involving actual or potential unintended releases of oil, gas, or commodities from pipelines. Available remedies include operational prohibitions, environmental monitoring and audits, restoration, community service, publication of facts, notification requirements, financial penalties, compliance bonds, and educational donations, with orders valid for up to three years.

Operation of pipeline

Pipeline operators in Canada must obtain and maintain an active certificate from the Canadian Energy Regulator and receive authorization to open the pipeline before commencing operations. All pipeline operations must comply with certificate conditions and regulatory orders.

Application for certificate

Pipeline companies applying to the Canadian Energy Regulator for a certificate must submit detailed maps showing the pipeline's general location along with required plans and specifications. Applicants must file copies with provincial attorneys general, and the Regulator must ensure public notice through newspaper publication or other appropriate media.

Amount to be paid

Section 164 of the Canadian Energy Regulator Act specifies payment obligations for the Regulator to compensate claimants. The Regulator must pay interim and final compensation amounts, costs, and interest (accrued at the Income Tax Act refund rate) within prescribed timeframes, as well as tribunal-awarded fees and travel expenses as authorized by regulations.

Impact Assessment Act

Section 185 of the Canadian Energy Regulator Act transfers certificate application authority for designated projects under the Impact Assessment Act from the Commission to an independent review panel. The panel exercises powers under sections 182-184, coordinates with energy and environment ministers, and must submit reports within Impact Assessment Act timelines.

Suspension of certificates

The Canadian Energy Regulator may suspend certificates under the Act if the certificate holder applies for suspension, consents to it, or violates certificate conditions. Suspension for non-compliance requires the regulator to provide written notice and allow the holder an opportunity to respond.

Effects on navigation

The Canadian Energy Regulator must consider effects on navigation safety, including navigation safety itself, when deciding whether to issue certificates, permits, approvals, orders, directions, or exemptions for international or interprovincial power lines that cross navigable waters.

Recommendation to vary or transfer

Section 281 of the Canadian Energy Regulator Act authorizes the Governor in Council to issue orders directing the Commission's handling of pipeline certificate variation or transfer recommendations, including approval, denial, or remand for reconsideration.

Revocation of certificates — application or consent

The Canadian Energy Regulator may revoke certificates issued under the Act by order, either upon application by the certificate holder or with their written consent.

Impact Assessment Act

The Canadian Energy Regulator must rule on exemption applications for federally-designated projects within seven days of the impact assessment decision statement being published. Standard procedural timelines are suspended during this expedited review period.

Offence and punishment

Section 292 of the Canadian Energy Regulator Act imposes criminal penalties for contraventions of specified regulatory provisions. Indictable convictions carry fines up to CAD $1 million and imprisonment up to five years; summary convictions carry fines up to CAD $100,000 and up to one year imprisonment.