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Security regulations
The Canadian Energy Regulator is authorized to establish security regulations for pipelines, international power lines, and offshore renewable energy projects, including standards, plans, and audit requirements. Violations are criminal offences with penalties up to $100,000 and one year imprisonment on summary conviction, or $500,000 and five years on indictment, though a due diligence defence is available.
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.
Purpose of Act
The Canadian Energy Regulator Act establishes federal regulatory authority over pipelines, power lines, offshore renewable energy facilities, and oil and gas exploration and exploitation. It mandates safe, secure, and efficient construction, operation, and abandonment while protecting people, property, and the environment, regulates energy product trade, and ensures fair, transparent, and efficient regulatory decision-making processes.
Advisory committee
The Canadian Energy Regulator must establish an advisory committee with mandatory representation from First Nations, Inuit, and Métis organizations to enhance Indigenous participation in regulatory decisions affecting pipelines, power lines, offshore renewable energy projects, and abandoned pipelines.
Definitions
Section 113 of the Canadian Energy Regulator Act establishes legal privilege protection for voice and video recordings of operating personnel at regulated energy facilities. Recordings are privileged and non-disclosable except when requested by the Regulator for accident inquiries, by coroners for investigations, or when courts determine public interest in justice outweighs privilege. Recordings cannot be used in disciplinary proceedings against facility operators or employees.
Recovery of loss, damage, costs, expenses
Section 137 of the Canadian Energy Regulator Act imposes joint and several liability on pipeline operators and contractors for unintended or uncontrolled releases of oil, gas, or other commodities. Liable parties must cover actual losses, response costs, and loss of non-use value. Liability is capped at $1 billion for major pipelines (≥250,000 barrels/day capacity); smaller pipelines face prescribed regulatory amounts. Claims recover in Canadian courts with priority ranking favoring actual loss over cost recovery, which ranks above non-use value claims.
Establishment of Tribunal
Section 143 of the Canadian Energy Regulator Act authorizes the Governor in Council to establish a pipeline claims tribunal to examine and adjudicate compensation claims arising from pipeline releases. The tribunal may only be established if deemed in the public interest based on extent of damage, estimated costs, and administrative advantages. The tribunal must operate equitably without discrimination based on nationality or residence.
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.
Approval
Pipeline companies must obtain a Canadian Energy Regulator certificate before constructing any pipeline section, comply with all certificate conditions, secure Regulator approval of construction plans and specifications, and deposit certified copies in relevant land registries.
Report
The Canadian Energy Regulator must prepare a report within 450 days on pipeline certificate applications, recommending approval or denial based on public convenience and necessity. The evaluation must consider environmental and cumulative effects, safety, Indigenous interests and rights, market feasibility, economic viability, financial capacity, and alignment with Canada's climate commitments.
Matters to be taken into account
The Canadian Energy Regulator must consider all written submissions and public hearing representations when approving pipeline construction plans, routes, and methods. The Regulator may approve sections where no submissions have been filed.
Costs of making representations
The Canadian Energy Regulator Commission may order pipeline companies to reimburse reasonable costs incurred by persons making representations at public hearings concerning pipeline routes, payable on an interim or final basis without delay.
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.
Leave required
Pipeline companies must obtain a leave order from the Canadian Energy Regulator Commission before opening a pipeline or section for transmission of hydrocarbons or other commodities. Leave is granted only when the Commission is satisfied the pipeline can safely operate.
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).
Effects of recommendation on navigation
The Canadian Energy Regulator must consider navigation safety impacts as a material factor when recommending pipeline approvals and making regulatory decisions for pipelines crossing navigable waters.
Existing terms and conditions
Section 222 of the Canadian Energy Regulator Act deems all terms and conditions imposed on pipelines before July 3, 2013 under the National Energy Board Act to be conditions of CER certificates or orders. Pipeline companies must construct pipelines according to previously specified orders, regulations, plans, and specifications, or as directed by the Commission.
Costs and expenses related to abandonment
The Canadian Energy Regulator may require pipeline companies to establish and maintain financial funds or security to ensure they can pay for pipeline abandonment and related costs. The Regulator can direct use of these funds, authorize third parties to access them, realize security to cover abandonment expenses, and allocate any surplus to the Orphan Pipelines Account.
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.
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.
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.
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.
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.
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.
Orders
The Canadian Energy Regulator may issue orders requiring facility holders to repair, reconstruct, or alter regulated facilities to ensure safety, security, and environmental protection. Orders can be directed at Indigenous bodies, governments, third parties, and others. Non-compliance authorizes the Regulator to take direct action or engage third parties, with liability protection for good-faith interventions.
Powers of liquidators, trustees, etc.
Section 5 of the Canadian Energy Regulator Act expands the definition of 'company' for regulatory purposes to include liquidators, receivers, managers, and trustees authorized to operate businesses; persons operating pre-1953 pipelines or exempted pipelines; Quebec court-appointed administrators; and successors handling abandoned pipelines.
Regulations imposing fees, etc.
Section 142 of the Canadian Energy Regulator Act authorizes the regulator to impose fees, levies, and charges on pipeline operators to recover government costs from commodity release incidents. Primary liability falls on the responsible operator; if recovery is insufficient, fees extend to other operators transporting the same or similar commodities. Regulations prescribe fee calculation methods and interest rates on unpaid amounts, which become recoverable debts to the Crown.
Reimbursement — measures taken by government institution
The Canadian Energy Regulator Commission may order pipeline operators to reimburse federal, provincial, municipal governments, Indigenous bodies, and other persons for reasonable costs incurred responding to unintended or uncontrolled releases of oil, gas, or other commodities from pipelines, even if costs exceed the operator's statutory liability limits.
Notice of proposed acquisition or lease of lands
Pipeline companies must notify all identifiable landowners of lands required for pipeline construction or operation, providing detailed descriptions of required lands, compensation valuations, route approval procedures, and dispute resolution options. Pre-notice agreements are void, and companies are liable for all damages if they subsequently abandon acquisition or lease plans.
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.
If pipeline affixed to any real property or immovables
Section 224 of the Canadian Energy Regulator Act establishes that pipeline sections affixed to real property, utilities, or navigable waters remain the exclusive property of the pipeline company and do not become part of underlying property without written consent and Regulator notice. Pipeline companies retain rights to create liens, mortgages, charges, and security interests on affixed sections under specified regulatory circumstances.
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.
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.
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 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.
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.
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.
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.
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.
Mandate
The Canadian Energy Regulator's mandate encompasses making transparent decisions and orders on pipelines, power lines, and offshore renewable energy projects; overseeing their construction, operation, and abandonment; setting traffic, tolls, and tariffs; managing oil and gas interests; providing advisory services and dispute resolution; and exercising authority while respecting Indigenous peoples' rights.
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.
Regulations
Section 98 of the Canadian Energy Regulator Act empowers the Governor in Council to establish regulations requiring pipeline operators to monitor facilities and implement preparedness and response measures for unintended or uncontrolled releases of oil, gas, or other commodities.
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.
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.
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.