Browse 22,878 regulations from 36 regulators

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.

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.

Vesting

Under the Canadian Energy Regulator Act, orders granting immediate land entry rights automatically vest specified title, interests, and rights in the applicant company. The company must register the order with the land registrar and notify the Regulator and landowner within 30 business days.

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.

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.

Orphan pipelines

Under the Canadian Energy Regulator Act, a designated officer may declare a pipeline an orphan pipeline if the certificate-holding company cannot be located, is unknown, insolvent, bankrupt, in receivership, or dissolved. Persons named in prior regulatory orders or authorized under Special Acts are deemed certificate holders for orphan pipeline designation purposes.

Definition of certified document

Section 89 of the Canadian Energy Regulator Act establishes that documents certified by authorized CER employees and sealed with the regulator's seal are admissible as evidence in legal proceedings without requiring proof of the certifier's signature or official status. Certified copies of decisions, orders, authorizations, and other regulatory documents are accepted as evidence of the originals and the facts they contain.

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.

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.

Certificate

The Canadian Energy Regulator Commission may issue certificates of non-payment for unpaid debts. When registered in Federal Court or any other competent court, these certificates have the same legal force and effect as court judgments for the certified amount plus registration costs.

Compliance

Certificate holders under the Canadian Energy Regulator Act must comply with all statutory provisions, regulations, and orders issued by the regulator. Non-compliance constitutes a violation of certificate terms.

Suspension or revocation of permits

The Canadian Energy Regulator may suspend or revoke permits by order when a permit holder applies for or consents to suspension/revocation, or when the holder breaches permit conditions. The regulator must provide written notice and an opportunity to be heard before revoking a permit for breach.

Recommendation not to vary or transfer

Under Canadian Energy Regulator Act section 192, if the Commission recommends against varying or transferring an energy certificate, the Governor in Council may issue an order directing the Commission to decline the variation or transfer or to reconsider the matter.

Authorized tolls

Section 229 of the Canadian Energy Regulator Act prohibits pipeline companies from charging tolls unless authorized by filed and approved tariffs or Commission orders. When companies own the oil, gas, or commodities transported through their pipelines, they must file sales contracts and amendments with the Regulator upon request, which are treated as tariffs for regulatory purposes.

Suspension of certificates

The Canadian Energy Regulator Commission may suspend energy certificates by order if the certificate holder requests suspension, consents to it, or breaches certificate conditions. Before suspending for non-compliance, the Commission must provide written notice and opportunity for the holder to respond.

Variation or transfer of permits

The Canadian Energy Regulator Commission may vary or transfer permits issued under the Canadian Energy Regulator Act either on its own motion or upon application. When varying or transferring a permit, the Commission may impose new or modified conditions it deems necessary to advance the Act's purposes and provisions.

Offence and punishment

Section 311 of the Canadian Energy Regulator Act establishes criminal penalties for contravening authorization conditions, orders, or regulations. Indictment convictions carry fines up to $1 million and/or up to five years imprisonment; summary convictions carry fines up to $100,000 and/or up to one year imprisonment.

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.

Construction or operation — navigable water

Under Canadian Energy Regulator Act section 218, any person must obtain a certificate or order from the Canadian Energy Regulator before constructing or operating a pipeline that crosses navigable waters in any manner (in, on, over, under, through, or across).

Application of provisions in Part 6

Section 306 of the Canadian Energy Regulator Act extends Part 6 regulatory provisions to offshore power lines in provincial waters. Pipeline transportation requirements are adapted for electricity transmission, with applicants and authorization holders required to comply with specified sections. Exemptions apply for facility-sharing and shared-use arrangements where regulatory leave or authorization conditions are obtained.

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.

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.

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.

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.

Suspension or revocation of licences — application or consent

The Canadian Energy Regulator Commission may suspend or revoke a licence issued under its authority if the licence holder applies for or consents to such suspension or revocation.

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.

Construction or operation

A person must obtain a permit under section 248 or a certificate under the Canadian Energy Regulator Act before constructing or operating an international or interprovincial power line that crosses navigable waters.

Export

Under the Canadian Energy Regulator Act, any person must obtain either a permit (section 356) or licence (section 361) from the Canadian Energy Regulator before exporting electricity.

Ministerial arrangements

The Canadian Energy Regulator Act permits the Minister to enter into arrangements with Indigenous governing bodies to support regulatory purposes and delegate specified powers and functions to them. All arrangements must be published on the Regulator's website within 30 days of execution.

Suspension or revocation of permits or licences

The Canadian Energy Regulator Commission may suspend or revoke electricity export permits or licences if the holder requests revocation, consents to suspension, or breaches permit conditions. The Commission must provide written notice of alleged contraventions and grant the holder an opportunity to respond before enforcement action.

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.

Regulations — Governor in Council

Section 372 of the Canadian Energy Regulator Act authorizes the Governor in Council to establish regulations governing the export licensing, movement, and inspection of designated oil and gas from Canada. The Regulator may prescribe license application requirements, validity periods, export quantities, inspection standards for related equipment and records, and measurement units for oil and gas transportation.

Application to appeals

Section 384 of the Canadian Energy Regulator Act establishes the appellate framework allowing the Commission to review decisions by the Chief Conservation Officer under the Canada Oil and Gas Operations Act. Following an appeal hearing, the Commission may set aside, confirm, or vary orders; direct remedial works to prevent waste or oil/gas escape; or issue other appropriate orders.

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.

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.

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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.

Regulations — compensation

Section 173 of the Canadian Energy Regulator Act authorizes the Governor in Council to establish regulations governing compensation for energy infrastructure incidents. Regulations may prescribe claim deadlines, authorize interim awards and fee/expense coverage, establish damage priority classes, set compensation caps, allow payment postponement or scheduling, and provide interest provisions. Environmental non-use value damages are explicitly excluded from compensable losses.

Regulations

Canadian Energy Regulator Act section 353 empowers the Governor in Council to make regulations governing oil and gas exports, including licence quantities, validity periods (up to 40 years for natural gas, 25 years for oil), inspection requirements, price controls, and exemptions for exports to Chile and Costa Rica.

Issuance

The Canadian Energy Regulator Commission may issue electricity export licences subject to Governor in Council approval. Before issuing, the Commission must consider interprovincial effects, confirm applicants have informed domestic buyers of available quantities and service classes, and given domestic buyers equal opportunity to purchase on comparable terms. Any existing permits are revoked if the export licence is denied.

Declaration of Governor in Council

The Governor in Council may issue an order declaring that restrictions on exporting energy goods to Chile or Costa Rica are justified under provisions of the Canada-Chile Free Trade Agreement or Canada-Costa Rica Free Trade Agreement.

Show cause hearing relating to waste

Under the Canadian Energy Regulator Act, the Commission holds show cause hearings on applications by the Chief Conservation Officer regarding waste in oil and gas pool recovery. If waste is found, the Commission may order gas collection, processing, reinjection schemes, or pool repressurizing/recycling, and may shut in non-compliant pools unless approved schemes are operational by specified dates.

Definitions

Section 296 of the Canadian Energy Regulator Act establishes definitions for Part 2, defining 'authorization' as permission issued under section 298 and 'debris' as facilities, equipment, or systems placed during authorized work that were abandoned without authorization or displaced during operations. Provincial references in Part 2 apply to onshore areas of the Northwest Territories as defined in the Northwest Territories Act.

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Decisions final

Section 70 of the Canadian Energy Regulator Act establishes that decisions and orders issued by the Commission, designated officers, and inspection officers are final and conclusive, with no further appeal unless explicitly provided elsewhere in the Act.

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.

Exportation to Chile or Costa Rica

The Canadian Energy Regulator cannot refuse, suspend, revoke or vary licenses or permits for energy goods exported to Chile or Costa Rica if doing so would breach obligations under the Canada-Chile Free Trade Agreement or Canada-Costa Rica Free Trade Agreement, except during suspension orders or with the license holder's consent.

Paramountcy

Federal permits and certificates issued under the Canadian Energy Regulator Act, along with applicable Acts of Parliament, take precedence over conflicting provincial laws when applied to federally regulated energy projects, establishing federal regulatory supremacy.

Election by applicant or holder

Applicants or holders of permits or certificates for international power lines may elect to have provisions of the Canadian Energy Regulator Act apply instead of provincial laws by filing a prescribed election form with the Regulator.

Terms and conditions before July 3, 2013

Transitional provision establishing that terms, conditions, and approvals imposed before July 3, 2013 on international or interprovincial power lines under the former National Energy Board Act remain enforceable under the Canadian Energy Regulator Act. Constructors must comply with previously approved orders, regulations, plans, and specifications unless modified by the Canadian Energy Regulator.