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Voluntary reporting
The Canadian Energy Regulator may establish voluntary reporting systems for alleged non-compliance with the Canadian Energy Regulator Act, subject to Governor in Council approval. Regulations may protect reporter identity, making identity-revealing information privileged and inadmissible in legal or disciplinary proceedings. Reports from protected systems cannot be used against the reporter.
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.
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.
Reports and recommendations to Minister
The Canadian Energy Regulator may submit reports to the Minister recommending measures for control, supervision, conservation, use, marketing and development of energy resources, and for ensuring the safety and security of regulated and abandoned energy facilities.
Request of Minister
The Canadian Energy Regulator must provide ministerial advice and conduct requested studies on energy matters, facility safety, security, and oil and gas export pricing. Publication of such advice, studies, or reports requires prior written ministerial consent.
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.
Continuation of jurisdiction and obligation
Section 189 of the Canadian Energy Regulator Act clarifies that procedural delays do not strip the Regulator of jurisdiction over applications or reporting obligations, and all actions taken remain valid. The Governor in Council may also issue orders under section 186(1) even after statutory time limits have expired.
Order to reconsider
Section 193 of the Canadian Energy Regulator Act grants the Governor in Council authority to order the Commission to reconsider its decisions, with discretion to specify factors for consideration and completion timelines. The Commission must report any resulting changes to its recommendations back to the Governor in Council.
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.
Plan, profile and book of reference
Energy infrastructure proponents must submit a plan, profile, and book of reference to the Canadian Energy Regulator detailing all land parcels to be acquired or traversed, including parcel identification, dimensions, area, and owner/occupier information. The Regulator may require additional details as necessary.
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.
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.
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.
Tariff to be filed
Energy transportation companies must file all tariffs and amendments with the Canadian Energy Regulator to ensure transparent disclosure of pricing and service terms for pipeline and energy transportation services.
Commencement of tariff
Under Canadian Energy Regulator Act section 228, pipeline companies filing tariffs must obtain regulatory approval establishing an effective commencement date before charging tolls for transportation services.
Prohibition
Section 237 of the Canadian Energy Regulator Act prohibits companies, shippers, and their agents from offering or accepting rebates, concessions, or discriminatory rates for hydrocarbon transmission below published tariffs, and from engaging in false billing, classification, or reporting to circumvent rate requirements. A due diligence defence is available, and prosecution requires prior Commission approval.
General rule
Section 238 of the Canadian Energy Regulator Act requires pipeline and commodity transmission companies to disclose liability limitations in filed tariffs, obtain Commission approval, or have regulatory authorization. The Commission determines permissible liability limits and prescribes transmission conditions for hydrocarbons and other commodities.
Application
Section 264 of the Canadian Energy Regulator Act defines CER jurisdiction over three categories of power lines: international lines with filed elections, unregulated portions of international lines in provinces without designated regulatory agencies, and interprovincial lines subject to regulatory orders.
Prohibition
A person must obtain Canadian Energy Regulator approval of plans, profiles, and books of reference for any international or interprovincial power line section before construction begins, and must deposit certified copies in the relevant land registry offices.
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.
Order to reconsider
The Canadian Energy Regulator Act grants the Governor in Council authority to order the Commission to reconsider prior decisions, optionally specifying factors and timelines for completion. If reconsideration results in changed recommendations, the Commission must report those changes to the Governor in Council.
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.
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
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.
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.
Reporting Requirements for Nuclear Power Plants, Version 3
Annual report
The Canadian Energy Regulator's board must submit an annual report to the Minister within 120 days of each fiscal year end (March 31), detailing the Regulator's activities. The Minister must table the report in Parliament within 15 sitting days of receipt.
Authorization — report
Section 46 of the Canadian Energy Regulator Act authorizes the Lead Commissioner to designate commissioners to report on Commission matters and applications. Authorized commissioners possess full investigatory and evidentiary powers for information gathering. Reports may be formally adopted as Commission decisions or handled otherwise as deemed appropriate.
Annual report
The Canadian Energy Regulator must submit an annual report to the Minister within 120 days following each fiscal year ending March 31, detailing its activities under the Act. The Minister must present the report to Parliament within 15 sitting days of receipt. Additional reports may be submitted at the regulator's discretion.
Replacement of commissioner during hearing
Procedural rule under the Canadian Energy Regulator Act allowing the Lead Commissioner to designate a replacement commissioner to continue hearings or render decisions if the assigned commissioner becomes unable to act or resigns during proceedings or between hearing conclusion and decision issuance.
Replacement of panel member during hearing
Section 48 of the Canadian Energy Regulator Act establishes procedures for replacing panel commissioners during hearings. If a commissioner becomes unavailable or resigns during a hearing, the Lead Commissioner may appoint a replacement to continue the hearing and participate in the decision. If unavailability occurs after the hearing concludes but before the decision is finalized, remaining commissioners may proceed unanimously to make the decision without replacement.
Authority to enter
Section 103 of the Canadian Energy Regulator Act authorizes inspection officers to enter non-dwelling facilities without warrant to verify compliance with energy regulations. Officers may examine equipment, access computer systems, conduct tests and sampling, take photographs, remove items for analysis, and direct operational changes. Property owners must provide reasonable assistance and access to documents and information.
Grounds for making order
Section 109 of the Canadian Energy Regulator Act authorizes inspection officers to issue orders directing persons to cease contraventions, implement compliance measures, or prevent hazards to safety, security, property, or the environment. Orders may suspend facility operations until remediation is complete, with mandatory written notice and reporting to the Commission.
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.
Decisions final
Section 70 of the Canadian Energy Regulator Act establishes that decisions and orders issued by the Commission, designated officers, and inspection officers are final and conclusive, with no further appeal unless explicitly provided elsewhere in the Act.
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.
Regulations
Canadian Energy Regulator Act section 353 empowers the Governor in Council to make regulations governing oil and gas exports, including licence quantities, validity periods (up to 40 years for natural gas, 25 years for oil), inspection requirements, price controls, and exemptions for exports to Chile and Costa Rica.
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.
Reporting Requirements, Volume I: Non-Power Reactor Class I Facilities and Uranium Mines and Mills, Version 1.1
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.
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.
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.
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.
Order to reconsider
Section 184 of the Canadian Energy Regulator Act enables the Governor in Council to order the Commission to reconsider its report recommendations or conditions. Orders are binding and must be published in the Canada Gazette within 15 days. The Commission must submit a reconsideration report confirming, modifying, or replacing recommendations and conditions while addressing all necessary public interest factors. The reconsideration report is final unless another order is issued.
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.
Application for certificate
Pipeline companies applying to the Canadian Energy Regulator for a certificate must submit detailed maps showing the pipeline's general location along with required plans and specifications. Applicants must file copies with provincial attorneys general, and the Regulator must ensure public notice through newspaper publication or other appropriate media.
Registration of plans, etc.
Land registrars must receive, preserve, and provide public access to plans, profiles, books of reference, and documents required under the Canadian Energy Regulator Act. Registrars must endorse deposits with date/time stamps, provide certified copies at reasonable fees, and certify proper deposit and execution. Certified copies serve as legal evidence of original documents and their submission time.