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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.
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.
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.
Variation or transfer of certificates
The Canadian Energy Regulator Commission may vary or transfer energy certificates issued under the Act on its own initiative or upon application. The Minister may direct the Commission to recommend variations or transfers to the Governor in Council if deemed in the public interest. The Commission may impose conditions necessary to fulfill the Act's purposes when varying or transferring certificates.
Prohibition — construction or ground disturbance
Section 273 of the Canadian Energy Regulator Act prohibits construction, ground disturbance, and vehicle/mobile equipment operation on, across, or under international and interprovincial power lines without CER authorization. Exceptions permit vehicle operation on travelled highways and public roads. The CER Commission may order facility owners to reconstruct, alter, or remove installations that threaten line safety or security.
Relocation
The Canadian Energy Regulator may order holders of international or interprovincial power line permits or certificates to relocate infrastructure when necessary to facilitate construction or relocation of other facilities. The regulator determines cost allocation between parties, requires mandatory consultation procedures, and may order reimbursement of reasonable costs incurred by persons making submissions.
Orders
The Canadian Energy Regulator Commission may issue orders governing the design, construction, operation, and abandonment of facilities crossing interprovincial and international power lines. Orders authorize facility crossings, regulate ground disturbances, govern vehicle operation, allocate construction costs, and specify activities. The Regulator may also make complementary regulations with Governor in Council approval.
Recovery of loss, etc., caused by debris
Section 302 of the Canadian Energy Regulator Act establishes strict liability for losses, damages, and costs arising from debris generated during authorized energy work. Authorization holders are liable up to $1 billion (with reduced limits in Arctic Waters), while parties responsible for debris are jointly and severally liable based on fault. Claims prioritize personal losses, then government costs, then non-use value losses (recoverable only by government).
Issuance
The Canadian Energy Regulator may issue authorizations for offshore renewable energy projects and associated power lines. Applications must include prescribed information about proposed works, facilities, and equipment. The regulator must decide within 300 days, considering environmental effects, safety, health, social and economic impacts, Indigenous interests and rights, climate change alignment, and relevant impact assessments before imposing conditions.
Offence and punishment
Section 99 of the Canadian Energy Regulator Act establishes criminal penalties for violating CER orders or regulations. Penalties include fines up to CAD 1 million and/or five years imprisonment on indictment, or CAD 100,000 and/or one year on summary conviction.
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.
Approval of deviations
Pipeline companies must submit detailed plans, profiles, and reference documentation to the Canadian Energy Regulator for approval of deviations from previously approved or constructed pipelines. The Regulator may exempt submission requirements if deviations serve public purposes or benefit the pipeline, provided deviations do not exceed Commission-specified distance limits from the original centerline.
Amount paid out of Fund
Section 171 of the Canadian Energy Regulator Act authorizes payments from the Consolidated Revenue Fund to cover the Regulator's operational costs, including tribunal member and staff remuneration, legal services, publishing expenses, and administrative support. The Minister of Finance establishes payment amounts in consultation with the Minister of Natural Resources.
Where certificate required
Under Canadian Energy Regulator Act section 258, the Governor in Council may designate international power lines by order to require certificate-based regulation instead of permits. Any existing permit must be revoked within 45 days of permit issuance. Once designated, no new permits may be issued and all applications must be processed as certificate applications.
Service Fees Act
Section 88 of the Canadian Energy Regulator Act exempts the CER from the federal Service Fees Act, allowing it to independently set and collect fees, levies, and charges for regulating energy infrastructure projects without federal fee-setting constraints.
Application of sections 317 and 318
Section 307 of the Canadian Energy Regulator Act extends regulatory sections 317 and 318 to offshore renewable energy projects and offshore power lines by substituting references to companies with persons and pipelines with offshore facilities, ensuring equivalent regulatory requirements.
Application of certain provisions
Section 290 of the Canadian Energy Regulator Act applies compliance provisions (sections 315–318 and 341) to international and interprovincial power lines subject to regulatory orders. Permit and certificate holders must comply, except for activities authorized by leave, facilities with existing certificate conditions, navigable water crossings, and authorizations issued before July 3, 2013.
Consent of council of the band
Section 317 of the Canadian Energy Regulator Act requires pipeline companies to obtain consent from Indigenous band councils before taking possession of, using, or occupying reserve lands for pipeline construction. Companies must also obtain Governor in Council approval for certain designated lands (Category IA-N, Category IA, and shíshálh lands). Companies must provide compensation if reserve or designated lands are taken, used, occupied, or adversely affected by pipeline construction.
Confidentiality — Indigenous knowledge
Section 58 of the Canadian Energy Regulator Act protects the confidentiality of Indigenous knowledge shared with the Regulator. Disclosure without written consent is prohibited, except when the knowledge is publicly available, necessary for procedural fairness in legal proceedings (with mandatory prior consultation), or authorized by regulation. The Regulator may impose conditions on disclosure and has immunity from liability for good-faith disclosures.
Time limit
The Canadian Energy Regulator must decide on oil and gas export licence applications within 180 days of receiving a complete application. The Minister may extend the deadline by up to 90 days, and the Governor in Council may grant further extensions. Time spent by applicants responding to information or study requests is excluded from the time limit calculation. Failure to meet the deadline does not affect the Regulator's jurisdiction or invalidate the licence.
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.
Application
Section 382 of the Canadian Energy Regulator Act establishes procedural requirements for Commission decisions on declarations of significant or commercial discovery under the Canada Petroleum Resources Act. The Commission must provide at least 30 days' written notice to affected persons, allow written hearing requests within 30 days, conduct hearings where requested, and publish decision reasons upon request.
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.
Study and review
The Canadian Energy Regulator must continuously study and review energy exploration, production, processing, transmission, transportation, distribution, and trade activities both domestically and internationally, and oversee the safety and security of regulated and abandoned facilities.
Relocation
The Canadian Energy Regulator may order pipeline companies to relocate pipelines when necessary for safety, environmental protection, public infrastructure projects, or to prevent interference with drainage systems. The regulator determines cost allocation among parties, ensures procedural compliance with prior consultation requirements, and may award reasonable costs to regulatory proceeding participants.
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.
For greater certainty
Issuance of a Canadian Energy Regulator certificate or approval of plans, profiles, and books of reference does not exempt regulated companies from compliance with other provisions of the Canadian Energy Regulator Act.
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.
Definitions
Section 93 of the Canadian Energy Regulator Act defines key terms for pipeline claims proceedings: compensable damage (costs, losses, and damages awarded by the Tribunal), holder (entities holding certificates, permits, or authorizations for regulated facilities, pipelines, power lines, or abandonment permits), and Tribunal (the pipeline claims tribunal).
Orders
The Canadian Energy Regulator Commission may exempt pipelines up to 40 km long, previously constructed pipelines, and associated infrastructure (tanks, compressors, storage facilities) from specified regulatory provisions. Exemption applications must be decided within 300 days of complete submission; the Lead Commissioner may exclude certain periods with public disclosure, and the Minister may grant extensions. The Commission may impose conditions on exemptions.
Construction — facility
Under Canadian Energy Regulator Act section 272, persons constructing international or interprovincial power lines crossing facilities must obtain a CER permit or certificate with facility-related conditions, secure Commission leave, or meet regulatory circumstances. The Commission may impose conditions and grant retroactive leave if work was urgent and prior notice was given.
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.
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.
Powers of certain officers
Section 380 of the Canadian Energy Regulator Act grants customs officers enforcement authority over oil and gas imports and exports, conferring all powers under the Customs Act including search, seizure, detention, forfeiture, and condemnation to ensure compliance with export and import controls.
Suspension or revocation
The Canadian Energy Regulator may suspend or revoke an authorization by order if the holder requests it, consents to it, or breaches a condition. Before revoking for breach, the regulator must provide written notice and opportunity to be heard.
Reasonable care
Facility holders under the Canadian Energy Regulator Act must exercise all reasonable care to ensure the safety and security of persons, regulated and abandoned facilities, property, and the environment.
Powers of company
Section 313 of the Canadian Energy Regulator Act grants pipeline companies authority to survey land, acquire property, construct pipelines across public and private holdings, interconnect with other infrastructure, erect supporting structures, and transport hydrocarbons and other commodities, subject to regulatory approval and applicable legislation.
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.
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.
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.
Suspension or revocation of licences — contravention
The Canadian Energy Regulator may suspend or revoke a licence if the holder breaches a licence condition or if the regulator deems it in the public interest (with ministerial approval). The licence holder must receive notice of the alleged contravention and an opportunity to respond before any order is made.
Regulations
The Governor in Council may establish regulations defining circumstances under which Indigenous knowledge shared confidentially with the Canadian Energy Regulator may be disclosed without written consent, balancing regulatory transparency with Indigenous rights protection.
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.
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.
Principle
The Canadian Energy Regulator must give effect to CUSMA, CCFTA, and CCRFTA trade agreements. The Governor in Council may issue binding directions to the Regulator regarding performance of this duty or interpretation of these agreements, which apply to pending matters unless otherwise specified.
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.
Report
The Canadian Energy Regulator must submit quarterly reports to the Minister and Minister of Finance, starting within 90 days of Tribunal establishment and every 90 days thereafter, detailing compensation and costs awarded by the Tribunal and amounts paid under specified subsections.