Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Canadian Energy Regulator Act (S.C. 2019, c. 28, s. 10)

Act current to 2020-10-05 and last amended on 2020-07-01. Previous Versions

PART 4International and Interprovincial Power Lines (continued)

Application of Certain Provisions

Marginal note:Certificate or order before June 1, 1990

  •  (1) Sections 182 and 199 to 211 and Part 6, except sections 315 to 318, 335, 341 and 342, apply in respect of international power lines in respect of which a certificate was issued under the National Energy Board Act before June 1, 1990, or an order was made under subsection 58(2) of that Act as that subsection read before that date, as if each reference in any of those provisions to

    • (a) a company were a reference to the applicant for or holder of the certificate issued in respect of the power line or the person who operates the line in respect of which the order was made;

    • (b) a pipeline were a reference to the international power line; and

    • (c) hydrocarbons or any other commodity were a reference to electricity.

  • Marginal note:Exception

    (2) A reference to an abandoned pipeline in the provisions referred to in subsection (1) is not a reference to an abandoned international or interprovincial power line.

Marginal note:Terms and conditions before July 3, 2013

  •  (1) Terms and conditions in respect of any international or interprovincial power line that were, at any time before July 3, 2013, imposed under section 58.29 or 108 of the National Energy Board Act or by the Minister of Transport under the Canadian Navigable Waters Act apply as if they were conditions set out in the certificate or permit, as the case may be, issued in respect of the power line.

  • Marginal note:Construction without leave

    (2) If, at any time before July 3, 2013, the Minister of Transport had provided under section 58.3 or 108 of the National Energy Board Act that leave under either section, as the case may be, was not necessary because the power line was to be constructed in accordance with certain orders, regulations, plans and specifications, a person must not construct the power line otherwise than in accordance with those orders, regulations, plans and specifications or as specified by the Commission of the Regulator.

  • Marginal note:Construction without leave

    (3) If, at any time before July 3, 2013, the National Energy Board had provided under section 58.33 or 108 of the National Energy Board Act that leave under section 58.29 or 108 of that Act, as the case may be, was not necessary because the power line was to be constructed in accordance with certain orders or regulations, a person must not construct the power line otherwise than in accordance with those orders or regulations or as specified by the Commission of the Regulator.

PART 5Offshore Renewable Energy Projects and Offshore Power Lines

Marginal note:Definitions

  •  (1) The following definitions apply in this Part.

    authorization

    authorization means an authorization issued under section 298. (autorisation)

    debris

    debris means any facility, equipment or system that was put in place in the course of any work or activity required to be authorized under this Part and that has been abandoned without an authorization, or anything that has broken away or been jettisoned or displaced in the course of any such work or activity. (débris)

  • Marginal note:Application

    (2) A reference in this Part to “in a province” is, in relation to the Northwest Territories, a reference to “in the onshore, as defined in section 2 of the Northwest Territories Act”.

Prohibition

Marginal note:Prohibition — work or activity

 A person must not, except in accordance with an authorization,

  • (a) carry on, in the offshore area, any work or activity that is related to an offshore renewable energy project or to an offshore power line; or

  • (b) carry on any work or activity to construct, operate or abandon any part of an offshore power line that is in a province.

Authorizations

Marginal note:Issuance

  •  (1) On application, the Commission may issue an authorization for

    • (a) each work or activity that is proposed to be carried on, in the offshore area, in relation to an offshore renewable energy project or to an offshore power line; and

    • (b) each work or activity that is proposed to be carried on to construct, operate or abandon any part of an offshore power line that is in a province.

  • Marginal note:Contents of application

    (2) An application must include any information that may be required by the Regulator, or prescribed by regulation, with respect to the proposed work or activity and to the offshore renewable energy project or offshore power line, including information with respect to any facility, equipment, system or vessel related to the project or power line.

  • Marginal note:Factors to consider

    (3) In determining whether to issue an authorization, the Commission must take into account — in light of, among other things, any Indigenous knowledge that has been provided to the Commission and scientific information and data — all considerations that appear to it to be relevant and directly related to the offshore renewable energy project or offshore power line, including

    • (a) the environmental effects, including any cumulative environmental effects;

    • (b) the safety and security of persons and the protection of property and the environment;

    • (c) the health, social and economic effects, including with respect to the intersection of sex and gender with other identity factors;

    • (d) the interests and concerns of the Indigenous peoples of Canada, including with respect to their current use of lands and resources for traditional purposes;

    • (e) the effects on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;

    • (f) the extent to which the effects of the project or power line hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change; and

    • (g) any relevant assessment referred to in section 92, 93 or 95 of the Impact Assessment Act.

  • Marginal note:Time limit

    (4) The Commission must, within the time limit specified by the Lead Commissioner, issue the authorization or dismiss the application.

  • Marginal note:Maximum time limit

    (5) The specified time limit must be no longer than 300 days after the day on which the applicant has, in the Commission’s opinion, provided a complete application.

  • Marginal note:Excluded period

    (6) In the circumstances prescribed by regulations made under section 312.1, the Lead Commissioner may specify that a period is to be excluded from the calculation of the time limit within which the Commission must make its decision. The Lead Commissioner must provide reasons for doing so.

  • Marginal note:Extension

    (7) The Minister may, by order, grant one or more extensions of the time limit specified under subsection (4).

  • Marginal note:Publication

    (8) The Commission must make public the time limit specified under subsection (4), any period that is excluded and the reasons for the exclusion and any extension of time granted under subsection (7).

  • Marginal note:Conditions of authorization

    (9) An authorization is subject to any conditions that may be imposed by the Commission or under the regulations, including conditions with respect to

    • (a) approvals;

    • (b) deposits of money;

    • (c) liability for loss, damage, costs or expenses related to debris;

    • (d) the carrying out of safety studies or environmental programs or studies; and

    • (e) certificates of fitness and who may issue them.

  • Marginal note:Compliance

    (10) Every authorization is subject to the condition that the provisions of this Act and of the regulations, as well as every order made under the authority of this Act, will be complied with.

  • Marginal note:Continuation of jurisdiction and obligation

    (11) A failure by the Commission to comply with subsection (4) within the required time limit does not affect its jurisdiction to deal with the application or its obligation to issue the authorization or dismiss the application, and anything done by it in relation to the application remains valid.

Marginal note:Impact Assessment Act

 If an application under section 298 relates to a designated project, as defined in section 2 of the Impact Assessment Act, that is subject to an impact assessment under that Act,

  • (a) despite the time limit established under subsections 298(4) and (5), the Commission must make its decision under subsection 298(4) within seven days after the day on which the decision statement with respect to the project is posted on the Internet under section 66 of that Act;

  • (b) the Commission must make its decision under subsection 298(4) solely on the basis of the report referred to in paragraph 51(1)(d) of that Act; and

  • (c) subsections 298(3) and (6) to (8) do not apply with respect to the application.

 
Date modified: