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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.
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.
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.
Damages and compensation
Under the Canadian Energy Regulator Act, companies exercising regulatory powers must minimize operational damage and provide full compensation to affected parties for harm resulting from lawful exercise of those powers.
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.
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.
Application restricted
Section 319 of the Canadian Energy Regulator Act defines compensation scope for pipeline-related damages, including land value losses. Eligible claims arise directly from pipeline acquisition, leasing, construction, inspection, maintenance, or repair. Claims for personal injury, death, or pre-March 1, 1983 agreements are excluded.
Agreement of purchase and sale
Section 323 of the Canadian Energy Regulator Act exempts regulated energy companies from land acquisition requirements under sections 321(2) and 322(1) while a valid agreement of purchase and sale exists between the company and the property owner.
Advance of compensation
Under Canadian Energy Regulator Act section 325, landowners whose property is subject to immediate entry rights granted by a company are entitled to receive advance compensation from that company, pending final compensation determination.
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.
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.
Settlement land or Tetlit Gwich’in Yukon land
Section 328 of the Canadian Energy Regulator Act applies specific provisions of the Yukon Surface Rights Board Act to the Canadian Energy Regulator when determining compensation matters involving settlement land or Tetlit Gwich'in Yukon land, treating the regulator as if it were the board for those determinations.
Decisions
The Canadian Energy Regulator must distribute copies of its decisions on applications to the applicant company and all parties to the proceeding within seven days of making the decision.
Agreements supersede Commission decisions
Under Canadian Energy Regulator Act section 332, a land acquisition or lease agreement between affected parties supersedes any prior Commission decision regarding lands acquired or leased by a company, provided the agreement meets the definition in subsection 321(1).
Construing Special Acts
Section 342 of the Canadian Energy Regulator Act establishes that the Act is construed as incorporated with Special Acts. Where inconsistencies arise between provisions of this Act and a Special Act, the Special Act provision prevails to the extent of the conflict.
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.
Ministerial approval
Section 347 of the Canadian Energy Regulator Act establishes the ministerial approval process for oil and gas export licenses. The Minister must decide on approval within 90 days of the Commission's decision; late approval does not invalidate the Commission's prior actions. The Commission must issue the license within seven days of ministerial approval.
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.
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.
Importer
Persons importing oil or gas into Canada must report prescribed information to the Canadian Energy Regulator for each reporting period in the prescribed form and manner, unless exempted by regulation.
Regulations — Governor in Council approval
Section 354 of the Canadian Energy Regulator Act authorizes the Regulator to establish regulations (subject to Governor in Council approval) governing exemptions from reporting requirements, licence application procedures and information requirements, and standards for measurement units and instruments used in oil and gas export and import activities.
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.
Issuance
The Canadian Energy Regulator must issue a permit authorizing electricity exportation upon application without a public hearing, unless the Governor in Council designates the application for special review. Applications must include prescribed regulatory information.
Publication
Applicants for energy projects must publish notices of their applications in the Canada Gazette and other Commission-designated publications. The Commission may waive this publication requirement if a critical electricity shortage outside Canada is caused by terrorist activity as defined in the Criminal Code.
Further information
The Canadian Energy Regulator Commission may request additional information from applicants within a reasonable timeframe after notice publication to support its decision-making process for recommendations.
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.
Period of validity
Under the Canadian Energy Regulator Act, permits and licences issued by the regulator have a maximum validity period of 30 years.
Variation or transfer of permits or licences
The Canadian Energy Regulator Commission may vary or transfer permits and licences for electricity exportation either upon application or its own initiative. When doing so, the Commission may impose new or modified conditions it deems necessary to fulfil the Act's purposes and provisions.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Definitions of oil and gas
Regulation establishes that oil and gas definitions under the Canadian Energy Regulator Act Part reference those defined in subsection 2(1) of the Canada Oil and Gas Operations Act, providing a single consistent definitional framework across both statutes.
Variation of licences or authorizations
The Canadian Energy Regulator Commission or its delegates may modify the conditions of operating licences or authorizations issued under the Canada Oil and Gas Operations Act, providing regulatory flexibility in managing oil and gas operations.
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.
Regulations respecting accounts, etc.
The Canadian Energy Regulator may establish regulations governing accounting practices and record-keeping for pipeline operators, oil/gas/electricity exporters, and licensed entities. Requirements cover account maintenance methods, depreciation accounting, uniform account systems, and submission of records on capital, revenues, expenses and operational matters. Violations are summary offences unless due diligence is demonstrated.
Regulations
The Governor in Council may make regulations under the Canadian Energy Regulator Act to designate substances from hydrocarbon or coal processing (such as asphalt or lubricants) as oil or gas products, and to exempt oil, gas, or specific classes thereof from Act provisions, subject to Regulator consultation for exemptions.
Definition of owner
Section 320 of the Canadian Energy Regulator Act defines 'owner' for purposes of sections 321-334 as any person entitled to compensation under section 314, establishing legal standing for damage claims in energy regulation matters.
Section 3
This section has been repealed and contains no active regulatory content.
Short title
This is the short title clause of the Canadian Energy Regulator Act, establishing the official name of Canada's primary federal legislation for regulatory oversight and approval of energy projects.
Jurisdiction — Inuvialuit Settlement Region
The Canadian Energy Regulator has regulatory jurisdiction over onshore oil and gas operations in the Inuvialuit Settlement Region of the Northwest Territories until March 31, 2034. After that date, continued federal regulation requires mutual agreement between Canada and the Northwest Territories, renewable in successive 20-year periods or subject to earlier termination by agreement.