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Issuance
Section 262 of the Canadian Energy Regulator Act governs certification of international and interprovincial power lines. The Commission may issue certificates if satisfied the power line serves present and future public convenience and necessity, considering environmental effects, safety, Indigenous rights and consultation, health and socioeconomic impacts, and climate commitments. Decisions must be made within 300 days of a complete application, subject to Governor in Council approval within 90 days.
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.
Appointment
Section 28 of the Canadian Energy Regulator Act establishes the appointment and governance framework for CER commissioners. Commissioners are appointed by the Governor in Council for terms up to six years, with a maximum total tenure of ten years. Appointees must be Canadian citizens or permanent residents and cannot be directors. The Governor in Council sets remuneration and covers reasonable travel and other expenses.
Establishment and composition
The Canadian Energy Regulator is governed by a board of 5–9 directors, including a Chairperson and Vice-Chairperson, with at least one director required to be an Indigenous person.
Public Service Superannuation Act
Section 91 of the Canadian Energy Regulator Act defines superannuation eligibility under the Public Service Superannuation Act, extending coverage to full-time commissioners, the CEO, and Regulator employees while explicitly excluding part-time commissioners and directors.
Designated officers
The Chief Executive Officer of the Canadian Energy Regulator may designate employees as designated officers authorized to exercise regulatory functions and powers under the Act.
Duty to consider — Commission
The Canadian Energy Regulator and its designated officers must consider potential adverse effects on Indigenous rights recognized under section 35 of the Canadian Constitution when making decisions, orders, or recommendations under the Canadian Energy Regulator Act.
Debts to Her Majesty
Administrative provision under the Canadian Energy Regulator Act establishing that penalties imposed by the regulator are debts owed to the Crown, recoverable through Federal Court or other competent jurisdiction. Enforcement actions must be commenced within five years of the debt's due date.
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.
Notice of non-compliance
Section 108 of the Canadian Energy Regulator Act authorizes inspection officers to issue written notices of non-compliance when they have reasonable grounds to believe a person has violated the Act or its regulations. Notices must identify the recipient, describe the alleged violation with relevant facts and applicable provisions, and provide a defined period for the recipient to submit comments in response.
Limitation period or prescription
The Canadian Energy Regulator must issue a notice of violation within two years from the date a violation occurs; no enforcement action may proceed after this two-year limitation period expires.
Canadian Energy Regulator
Establishes the Canadian Energy Regulator as a federal Crown corporation and agent of Canada with its head office in Calgary, Alberta. The CEO may open or close additional offices after consulting the board of directors, with such administrative changes not affecting existing director or commissioner appointments.
Members of Tribunal
Section 146 of the Canadian Energy Regulator Act specifies the composition and appointment of the Tribunal. The Tribunal must have at least three members appointed by the Governor in Council on ministerial recommendation for terms up to five years. Members must be retired superior court judges or legal professionals with at least 10 years standing at a provincial bar or Quebec notary chamber. The Governor in Council may appoint replacements and sets member compensation.
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.
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.
Powers
The Canadian Energy Regulator Tribunal possesses the powers of a superior court within its jurisdiction, including authority to compel witness attendance, administer oaths, examine witnesses, demand document production, and enforce orders. The Tribunal is not bound by formal rules of evidence but must respect legal privileges recognized under evidence law.
Appointment
Section 15 of the Canadian Energy Regulator Act establishes procedures for appointing the CER's Chairperson, Vice-Chairperson, and directors by the Governor in Council on a part-time basis for terms up to five years, with reappointment eligibility. Appointees must be Canadian citizens or permanent residents and cannot simultaneously hold positions as CER employees, commissioners, or Chief Executive Officer.
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.
Role of Chief Executive Officer
Section 23 of the Canadian Energy Regulator Act establishes the Chief Executive Officer's responsibilities for managing the regulator's day-to-day operations and supervising employees, while explicitly prohibiting direction of specific Commission decisions. The CEO holds deputy head rank with corresponding departmental powers, and interim executives may serve up to 90 days pending Governor in Council approval.
Reconsideration
Section 168 of the Canadian Energy Regulator Act allows the Tribunal to reconsider compensation decisions on its own motion or upon claimant application when extraordinary circumstances warrant reconsideration despite the public interest in finality. The Chairperson must notify all affected parties of any reconsideration proceedings.
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.
Variation of sanctions
Under Canadian Energy Regulator Act section 176, courts may vary sanctions orders against offenders upon application if circumstances have changed. Courts can modify prohibitions, directions, requirements, or conditions; extend enforcement duration up to one year; reduce duration; or partially or fully relieve compliance obligations after hearing the offender, regulator, and interested parties.
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.
Recovery of fines and amounts
Section 178 of the Canadian Energy Regulator Act allows prosecutors to enforce unpaid fines or court-ordered compensation by filing convictions or orders as civil judgments in any Canadian court, enabling collection through standard civil enforcement procedures.
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.
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.
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.
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.
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.
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.
Appointment
Section 21 of the Canadian Energy Regulator Act establishes appointment procedures and tenure requirements for the Chief Executive Officer. The CEO is appointed by the Governor in Council on ministerial recommendation after consulting directors, must be a Canadian citizen or permanent resident, serves full-time on renewable terms up to six years with a maximum total tenure of ten years, cannot simultaneously hold a director position, and receives remuneration set by the Governor in Council.
Jurisdiction
The Canadian Energy Regulator has exclusive jurisdiction to investigate non-compliance with the Act and authorization conditions, inquire into accidents involving pipelines, abandoned pipelines, international power lines, and offshore renewable energy projects, and issue findings, recommendations, and orders in the public interest.
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.
Orders and prohibitions
The Canadian Energy Regulator Commission may issue binding orders requiring compliance with the CER Act and authorization conditions, and may prohibit activities that violate the Act or breach authorization terms or Commission directives.
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.
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.
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.
Rules
The Canadian Energy Regulator Commission is authorized to establish procedural rules governing its operations, including the powers and duties of commissioners, conduct of hearings, issuance of decisions and orders, and internal administrative procedures.
Authorization to continue
Under the Canadian Energy Regulator Act section 51, the Lead Commissioner may authorize a departing commissioner to continue exercising regulatory powers in assigned matters until final decisions are issued, subject to conditions specified by the Lead Commissioner.
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.
Public engagement
The Canadian Energy Regulator must establish processes for meaningful public engagement, particularly with Indigenous peoples and organizations, during public hearings held under the Canadian Energy Regulator Act.
Jurisdiction of courts
Section 144 of the Canadian Energy Regulator Act clarifies that regulatory provisions do not restrict court jurisdiction over pipeline release matters, preserving judicial authority in such cases.
Vacancy
A vacancy in the Canadian Energy Regulator Commission does not impair the authority of remaining commissioners to perform their regulatory functions and duties.
Prohibition — construction or ground disturbance
Section 335 of the Canadian Energy Regulator Act prohibits construction, ground disturbance, and vehicle operation on or across pipelines without authorization from the Regulator or pipeline company. The Regulator may issue orders governing facility design, construction, and safety measures, authorize companies to grant approvals, and direct remediation of non-compliant facilities. Violations are criminal offences with penalties up to $1 million.
Proof of violation
Section 119 of the Canadian Energy Regulator Act establishes that a corporation may be held liable for violations committed by its employees, agents, or mandataries without requiring identification or separate prosecution of the individual actor.
Designation
The Governor in Council must designate one full-time commissioner as Lead Commissioner and another as Deputy Lead Commissioner of the Canadian Energy Regulator.
Grounds
Tribunal decisions under the Canadian Energy Regulator Act are final and binding, subject only to judicial review under the Federal Courts Act on limited grounds including lack of jurisdiction, procedural fairness, and patent unreasonableness.
Conditions
Under the Canadian Energy Regulator Act section 65, the Commission, designated officers, and inspection officers have broad authority to impose any conditions they deem appropriate in decisions or orders issued under the Act.
Enforcement of orders
Canadian Energy Regulator decisions and orders may be registered with Federal or provincial superior courts and enforced as court orders by filing a certified copy with the court registrar. If a registered decision is subsequently rescinded or varied, the court order is vacated and the modified decision may be re-registered following standard court procedures.
Rules
The Canadian Energy Regulator Tribunal may establish procedural rules governing compensation claims and reconsideration applications, including filing procedures, required information, hearing conduct, evidence formats, and quorum requirements.