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Issuance
The Canadian Energy Regulator must issue permits for construction and operation of international power lines upon application, subject to the Impact Assessment Act, unless the project is designated by Governor in Council order or an alternative regulatory election applies. Applicants must provide all information specified in regulations.
Impact Assessment Act
Section 263 of the Canadian Energy Regulator Act specifies that applications for designated energy projects subject to impact assessment are reviewed by an impact assessment review panel rather than the Commission. The panel exercises most Commission powers except certificate issuance and must complete its decision within timelines established by the Impact Assessment Act.
Application
Section 264 of the Canadian Energy Regulator Act defines CER jurisdiction over three categories of power lines: international lines with filed elections, unregulated portions of international lines in provinces without designated regulatory agencies, and interprovincial lines subject to regulatory orders.
Application of certain provisions
Section 266 of the Canadian Energy Regulator Act extends pipeline regulatory provisions to international and interprovincial power lines. Applicants and permit/certificate holders must follow intervention, certification, and permitting procedures under specified sections. Deviations crossing navigable waters require heightened scrutiny under section 211. Abandonment provisions do not apply to power lines.
Application
Section 271 of the Canadian Energy Regulator Act establishes CER jurisdiction over international and interprovincial power lines. The CER may issue permits and certificates for power lines crossing borders or within federal authority, including those crossing navigable waters. The CER may also authorize power line relocations to facilitate facility construction or reconstruction.
Prohibition
Operators of international or interprovincial power lines must obtain Canadian Energy Regulator Commission approval before abandoning operations. The Commission may grant abandonment authorization by order upon application by the permit or certificate holder.
Conditions — permit
The Canadian Energy Regulator Commission may impose conditions on permits and certificates it issues, including those prescribed by regulations and any others the Commission deems necessary or in the public interest.
Compliance
All permits and certificates issued under the Canadian Energy Regulator Act must comply with the Act, its regulations, and applicable federal and provincial orders made under this Act or provincial laws. Non-compliance constitutes a violation of permit and certificate terms.
Recommendation not to vary or transfer
Under Canadian Energy Regulator Act section 282, the Governor in Council may issue an order directing the Commission to refuse variation or transfer of a pipeline certificate or to reconsider the matter when the Commission recommends against such action.
Order to reconsider
The Canadian Energy Regulator Act grants the Governor in Council authority to order the Commission to reconsider prior decisions, optionally specifying factors and timelines for completion. If reconsideration results in changed recommendations, the Commission must report those changes to the Governor in Council.
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.
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.
Regulations
The Governor in Council may establish regulations under the Canadian Energy Regulator Act to prescribe permit conditions, specify application information requirements, define considerations for designating international power lines, and establish procedures for filing elections related to energy regulation.
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.
Certificate or order before June 1, 1990
The Canadian Energy Regulator Act applies pipeline governance provisions to international power lines that received certificates before June 1, 1990 under the former National Energy Board Act, treating electricity transmission infrastructure under the same regulatory framework while excluding abandoned power lines from abandoned pipeline definitions.
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.
Financial resources
Applicants for Canadian Energy Regulator authorizations must demonstrate sufficient financial resources to cover Commission-determined amounts through prescribed forms or Regulator-specified methods. Proof must remain valid throughout the duration of authorized work or activity.
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.
Right of entry
Section 309 of the Canadian Energy Regulator Act establishes the right for persons to enter and use offshore areas to conduct authorized works, manage abandoned offshore power lines, or develop offshore renewable energy projects. Lawful occupants may restrict access; disputes over entry rights are resolved through arbitration.
Study and report
The Canadian Energy Regulator may issue orders requiring holders of offshore renewable energy projects or offshore power lines to conduct and report on studies addressing safety or environmental protection issues within a specified timeframe.
Exercise of powers outside Canada
Canadian pipeline companies may exercise their regulatory and operational powers beyond Canada's international boundary, but only to the extent permitted by applicable foreign laws in the jurisdiction where the pipeline operates.
Crown lands
Pipeline companies must obtain Governor in Council consent to take possession of, use, or occupy Crown lands in Canada. With consent, companies may appropriate necessary Crown lands and water for pipeline construction and operation. Compensation for lands held in trust must be applied to the trust's purpose. Exemptions apply for pipelines with prior authorizations and those crossing utilities or navigable waters with proper certificates.
Immediate right of entry
The Canadian Energy Regulator may issue orders granting companies immediate right of entry to lands following written application, provided landowners receive 30–60 days' advance notice detailing the entry purpose, application and access dates, regulator contact information for objections, and compensation advance details.
Determinations regarding compensation
Under Canadian Energy Regulator Act section 327, the Commission determines compensation disputes between energy companies and landowners when parties cannot agree. The Commission considers market value of acquired lands, changes in value over time, loss of use, adverse effects on remaining lands, nuisance and noise from operations, potential damage from company activities, livestock/property loss, relocation difficulties, and other relevant circumstances.
Costs
Section 330 of the Canadian Energy Regulator Act establishes cost allocation rules for compensation disputes. If the awarded compensation exceeds 85% of the company's settlement offer, the company must pay all legal, appraisal, and reasonable costs incurred by the claimant. If the award is at or below 85% of the offer, the Commission has discretion to allocate costs.
Orders of Commission
The Canadian Energy Regulator may issue orders determining compensation for pipeline and abandoned pipeline projects, including land acquisition, leasing, use restrictions, and damages from company activities during planning, construction, operation, or abandonment phases, with compensation assessments guided by statutory factors.
Examination of site of mining operations
Under the Canadian Energy Regulator Act, pipeline companies may enter mining or prospecting sites within or near their rights-of-way with 24 hours' written notice and regulatory authorization to inspect whether operations pose safety or security risks to the pipeline or persons. Companies may use site equipment to measure distances from the pipeline to operations.
Compensation for severance, etc., of mining property
Pipeline companies must pay compensation as determined by the Canadian Energy Regulator to mining property owners, lessees, and occupiers for losses caused by pipeline severance, including prevented or interrupted mining operations, access restrictions, operational modifications to protect the pipeline, and inaccessible minerals.
Prohibition — export
Under section 343 of the Canadian Energy Regulator Act, persons are prohibited from exporting oil or gas unless they hold a licence issued under Part 6 of the Act or are authorized by applicable regulations.
Issuance
The Canadian Energy Regulator may issue licences for oil and gas exportation with ministerial approval and may impose conditions. All licences are subject to compliance with the Canadian Energy Regulator Act, its regulations, and related orders.
Criteria
The Canadian Energy Regulator must not issue an export licence for oil or gas unless it determines the export quantity does not exceed Canada's surplus after accounting for reasonably foreseeable domestic requirements and considering Canadian oil and gas discovery trends.
Variation of licences
The Canadian Energy Regulator Commission may vary licences issued under the Act either on its own initiative or upon application. Non-minor or non-technical variations require ministerial approval if deemed in the public interest. The Commission may impose new or modified conditions as necessary to fulfil the Act's purposes.
Where licence required
Under the Canadian Energy Regulator Act, the Governor in Council may designate electricity export applications and revoke permits within 45 days of issuance. When such an order is made, permits cannot be issued and the application must be processed as a licence application instead.
Conditions — permits
The Canadian Energy Regulator Commission may impose conditions on permits and licences as deemed necessary or in the public interest, with permit conditions limited to matters prescribed by regulations and licence conditions applied at the Commission's discretion.
Compliance
All permits and licences issued under the Canadian Energy Regulator Act are conditional upon compliance with the Act, its regulations, and orders made thereunder.
Regulations — Governor in Council
The Governor in Council and Canadian Energy Regulator are authorized to establish regulations governing electricity export permits and licences, including permit conditions, factors for permit designation and licence issuance decisions, inspection protocols for equipment and records, application information requirements, and measurement standards for electricity exportation.
Order in Council
The Governor in Council may issue orders placing supervision and control of designated oil or gas movement from specified areas under the Canadian Energy Regulator. While such an order is in force, persons moving designated oil or gas from the area must hold a licence under the relevant Division or comply with applicable regulations.
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.
Criteria
Before issuing an oil or gas licence, the Canadian Energy Regulator must consider all relevant factors including equitable distribution of designated oil and gas resources across Canada. Sections 348 to 351 of the Act apply to such licences.
Definitions
Section 373 of the Canadian Energy Regulator Act defines key terms for the division governing energy exports, including references to free trade agreements (CCFTA, CCRFTA, CUSMA) and defines 'energy goods' as commodities requiring a licence, permit, or regulatory order for exportation under this Part.
Request for declaration
The Canadian Energy Regulator may suspend its determination of licence or permit applications for energy exports to Chile or Costa Rica for up to 120 days if it considers restrictions in the public interest and applicable under relevant trade agreements, to allow the Minister to request a Governor in Council order.
No declaration made
The Canadian Energy Regulator may issue export licences for energy goods to Chile or Costa Rica without meeting standard criteria if the Minister declines to recommend an order, the Governor in Council declines to make one, or no order is issued within 120 days of the export request.
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.
Statutory Instruments Act
Orders issued by the Canadian Energy Regulator Commission under this Part are explicitly excluded from the definition of statutory instruments under the Statutory Instruments Act, clarifying the regulatory status of CER orders.
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.
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.
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.
Appeal to Federal Court of Appeal
Section 72 of the Canadian Energy Regulator Act establishes the procedure for appealing Commission decisions to the Federal Court of Appeal on questions of law or jurisdiction. Applications for leave to appeal must be filed within 30 days of the decision, extendable only in exceptional circumstances, and appeals must be brought within 60 days of leave approval. Impact assessment reports are excluded from appealable decisions, and commissioners cannot be awarded costs in appeals.
Limitation
Canadian Energy Regulator Act section 241 requires pipeline companies to obtain Commission approval before abandoning any pipeline. Companies must notify affected landowners and publish notices in local media. Mandatory public hearings apply if written opposition is filed unless withdrawn or deemed frivolous. The Commission may impose conditions on abandonment approvals, and companies remain liable for abandoned pipelines.