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Rules of General Applicability to Domestic Licensing of Byproduct Material
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.
Facility Security Clearance and Safeguarding of National Security Information and Restricted Data
Nondiscrimination in Federally Assisted Programs or Activities Receiving Federal Financial Assistance from the Commission
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.
Operators' Licenses
Disposal of High-Level Radioactive Wastes in Geologic Repositories
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.
Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material
Domestic Licensing of Production and Utilization Facilities
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.
Procedures for Determining Eligibility for Access to Classified Matter and Special Nuclear Material or Eligibility to Hold a Sensitive Position
This Department of Energy regulation establishes procedures for determining eligibility of DOE employees, contractors, and other designated persons for access to classified information, special nuclear material, and sensitive positions. It implements multiple executive orders and the National Security Adjudicative Guidelines, outlining administrative review and appeals processes while ensuring fairness and preventing retaliation.
Permits for Access to Restricted Data
10 CFR Part 725 establishes procedures for issuing Access Permits that authorize qualified persons to access Restricted Data related to civil uses of atomic energy, including data on atomic weapons design, special nuclear material production, and nuclear energy applications. The regulation defines permit terms, conditions, available information categories, and DOE's Office of Environment, Health, Safety and Security authority to issue, amend, renew, suspend, or revoke permits.
Criteria and Procedures for Emergency Access to Non-Federal and Regional Low-Level Waste Disposal Facilities
Transfer of Real Property at Defense Nuclear Facilities for Economic Development
10 CFR Part 770 establishes procedures for the Department of Energy to transfer real property at closed or downsized defense nuclear facilities through sale or lease to support economic development. The rule includes indemnification procedures for claims arising from releases of hazardous substances or contaminants resulting from DOE activities, subject to NEPA review and fund availability.
DOE Patent Licensing Regulations
DOE patent licensing regulations establish procedures for granting nonexclusive, exclusive, or partially exclusive licenses to inventions from DOE-supported research and development. The Secretary of Energy determines license grants based on U.S. national interests. The regulations define appeal rights for denied applicants, terminated licensees, and third-party objectors, with appeals filed to the Deputy General Counsel within 30 days of agency action.
Waiver of Patent Rights
The Department of Energy waives its patent rights under the Atomic Energy Act for inventions and discoveries resulting from DOE-supplied source materials, special nuclear materials, heavy water, radioactive and stable isotopes, and irradiation services provided by national laboratories (Oak Ridge, Idaho National Engineering Laboratory, Argonne, and Brookhaven), except where DOE or contractor personnel perform the irradiation work or specific written agreements apply.
Loans for Bid or Proposal Preparation by Minority Business Enterprises Seeking DOE Contracts and Assistance
This regulation establishes DOE policies and procedures for awarding loans to minority business enterprises to help defray costs of preparing bids and proposals for DOE contracts, subcontracts, and related research and development activities. The Office of Minority Economic Impact administers the program under authority of the DOE Organization Act, with funding subject to congressional appropriations.
Procedural Rules for DOE Nuclear Activities
10 CFR Part 820 establishes procedural rules governing conduct of persons involved in DOE nuclear activities to ensure compliance with DOE Nuclear Safety Requirements. The regulation defines key terms, enforcement processes, and administrative procedures, with Naval nuclear propulsion activities excluded from certain interpretations and exemptions provisions under the Deputy Administrator for Naval Reactors.
Worker Safety and Health Program
10 CFR Part 851 establishes mandatory worker safety and health program requirements for contractors at Department of Energy sites. The rule requires safe and healthful workplaces, procedures for investigating violations, and appropriate remedies. It excludes work regulated by OSHA, naval nuclear propulsion operations, radiological hazards covered by other CFR parts, and transportation to/from DOE sites.
Coordination of Federal Authorizations for Electric Transmission Facilities
The Coordinated Interagency Transmission Authorizations and Permits Program (CITAP) streamlines federal permitting for electric transmission facilities by coordinating multi-agency authorizations and establishing binding deadlines. The rule creates an Integrated Interagency Pre-Application Process enabling DOE to prepare a unified environmental review document under NEPA and coordinate compliance with endangered species protections and historic preservation requirements while promoting early stakeholder engagement.
General Regulations for the Charges for the Sale of Power from the Boulder Canyon Project
The Western Area Power Administration establishes general regulations for computing charges for electricity sales from the Boulder Canyon Project (Hoover Dam), effective June 1, 1987. The regulations define methodology for pricing capacity and energy sales under authority of the Boulder Canyon Project Act of 1928, the Adjustment Act of 1940, and the Hoover Power Plant Act of 1984, superseding prior regulations and defining key billing and contractual terms.
Energy Planning and Management Program
The Energy Planning and Management Program (EPAMP) under 10 CFR Part 905 establishes requirements for Western Area Power Administration customers to support energy policy objectives through integrated resource planning, demand-side management, energy efficiency investments, renewable energy development, and mandatory reporting on energy efficiency and renewable energy activities.
General Guidelines for the Preliminary Screening of Potential Sites for a Nuclear Waste Repository
10 CFR Part 960 establishes general guidelines for the preliminary screening and evaluation of potential sites for nuclear waste repositories under the Nuclear Waste Policy Act of 1982. The regulations define key terms such as accessible environment, candidate sites, containment, and controlled areas, and establish the framework by which the Department of Energy evaluates site suitability in coordination with the NRC and affected states and Indian tribes.
Standard Contract for Disposal of Spent Nuclear Fuel and/or High-Level Radioactive Waste
10 CFR Part 961 establishes standard contract terms for the Department of Energy to accept title to, transport, and dispose of spent nuclear fuel and high-level radioactive waste from civilian nuclear power reactor owners and generators. Owners and generators pay fees to recover DOE's full disposal costs, with receipts deposited in the Nuclear Waste Fund. Contracts must be executed by June 30, 1983, or by the date the owner/generator commences generation or takes title to such waste, whichever is later.
Byproduct Material
10 CFR Part 962 defines 'byproduct material' under the Atomic Energy Act for DOE facilities as any radioactive material (except special nuclear material) produced or made radioactive by exposure to radiation during special nuclear material production or use. For RCRA compliance, only actual radionuclides in DOE-owned radioactive waste are covered; nonradioactive hazardous components remain subject to separate RCRA regulation.
Freedom of Information Act (FOIA)
10 CFR Part 1004 establishes Department of Energy procedures for implementing the Freedom of Information Act (FOIA), defining how DOE offices process public records requests, categorize requesters, calculate direct costs for copying and searching, and handle appeals. FERC is excluded from these regulations.
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.
Administrative Claims Under Federal Tort Claims Act
10 CFR Part 1014 establishes procedures for filing administrative claims under the Federal Tort Claims Act against the Department of Energy for personal injury, property damage, or death caused by negligent or wrongful acts of DOE employees. Claims must be submitted using Standard Form 95 to the appropriate DOE office, may be amended before final action, and may be filed by the injured party, property owner, estate representative, or authorized agent.
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.