PART 1Canadian Energy Regulator (continued)
Composition and Appointments (continued)
30 A vacancy in the Commission does not impair the right of the remaining commissioners to act.
Powers, Duties and Functions
Marginal note:Court of record
31 (1) The Commission is a court of record and the Regulator’s seal must be judicially noticed as the Commission’s official seal.
(2) The Commission has all the powers, rights and privileges vested in a superior court of record with respect to any matters within its jurisdiction, including the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders and the entry on and inspection of property.
Marginal note:Expeditious applications and proceedings
(3) All applications and proceedings before the Commission must be dealt with as expeditiously as the circumstances and procedural fairness and natural justice permit, but, in any case, within any time limit provided for under this Act.
32 (1) The Commission has full and exclusive jurisdiction to inquire into, hear and determine any matter if the Commission considers that
(a) a person has failed to do anything that is required to be done under this Act, under a condition of a document of authorization, or under an order made or direction given under this Act;
(b) a person has done or is doing anything that is contrary to or in contravention of this Act, a condition of a document of authorization or an order made or direction given under this Act; or
(c) the circumstances may require the Commission, in the public interest, to make any order or give any direction, leave, sanction or approval that it is authorized to make or give, or that relates to anything that is prohibited, sanctioned or required to be done under this Act, a condition of a document of authorization, or an order made or direction given under this Act.
(2) The Commission may inquire into any accident involving a pipeline, abandoned pipeline, international power line, offshore renewable energy project, offshore power line or other facility the construction or operation of which is regulated by the Regulator and may, at the conclusion of the inquiry, make
(a) findings as to the cause of the accident or factors contributing to it;
(b) recommendations relating to the prevention of future similar accidents; or
(c) any decision or order that the Commission is authorized to make.
Marginal note:Matters of law and fact
(3) For the purposes of this Act, the Commission has full jurisdiction to hear and determine all matters, whether of law or of fact.
Marginal note:Power to act on own initiative
33 The Commission may on its own initiative inquire into, hear and determine any matter that under this Act it may inquire into, hear and determine.
Marginal note:Orders and prohibitions
34 The Commission may
(a) order any person to do, immediately or within or at any specified time and in any specified manner, anything that the person is or may be required to do under this Act, under a condition of a document of authorization, or under any order made or direction given by the Commission or a designated officer under this Act; and
(b) prohibit the doing or continuing of anything that is contrary to this Act, to a condition of the document of authorization or to the order or direction.
35 The Commission may make rules generally for the carrying out of its work and the management of its internal affairs, including rules respecting
(a) the powers, duties and functions of the commissioners;
(b) its sittings;
(c) its decisions, orders and recommendations; and
(d) its procedures and practices.
Marginal note:Annual report
36 (1) The Commission must, within 120 days after the end of each fiscal year, submit to the Minister a report on the Commission’s activities under this Act for that fiscal year, and the Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is received.
Marginal note:Other reports
(2) The Commission may submit a report to the Minister on the Commission’s activities if the Commission considers it appropriate to do so.
Marginal note:Definition of fiscal year
(3) For the purposes of subsection (1), fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year.
Lead Commissioner and Deputy Lead Commissioner
37 The Governor in Council must designate one of the full-time commissioners to hold office as Lead Commissioner and one of the full-time commissioners to hold office as Deputy Lead Commissioner.
Marginal note:Role of Lead Commissioner
38 The Lead Commissioner is responsible for the business and affairs of the Commission and, in particular, is responsible for apportioning the Commission’s work among the commissioners and for establishing panels — of at least three commissioners — to exercise the powers of the Commission and perform its duties and functions in relation to a matter before it.
Marginal note:Acting Lead Commissioner
39 (1) The Deputy Lead Commissioner acts as Lead Commissioner if the Lead Commissioner is absent or unable to act or if there is a vacancy in that office.
Marginal note:Governor in Council approval
(2) The Deputy Lead Commissioner is not authorized to act as Lead Commissioner for a period of more than 90 days without the approval of the Governor in Council.
Marginal note:Acting Lead and Deputy Lead Commissioners
40 (1) If both the Lead Commissioner and Deputy Lead Commissioner are absent or unable to act or if there are vacancies in both of those offices, a commissioner designated by the Minister acts as Lead Commissioner.
Marginal note:Governor in Council approval
(2) The designated commissioner is not authorized to act as Lead Commissioner for a period of more than 90 days without the approval of the Governor in Council.
Instructions and Measures
Marginal note:Instructions regarding timeliness
41 To ensure that an application before the Commission is dealt with in a timely manner, the Lead Commissioner may give instructions to the commissioners authorized to deal with the application respecting the manner in which they are to do so.
Marginal note:Measures to meet time limit
42 (1) If the Lead Commissioner is satisfied that a time limit imposed under any of sections 183, 214 and 262 is not likely to be met in respect of an application, the Lead Commissioner may take any measure that he or she considers appropriate to ensure that the time limit is met, including
(a) removing any or all commissioners from a panel authorized to deal with the application;
(b) authorizing one or more commissioners to deal with the application; and
(c) increasing or decreasing the number of commissioners dealing with the application.
(2) For greater certainty, the power referred to in subsection (1) includes the power to designate a single member, including the Lead Commissioner, as the sole commissioner who is authorized to deal with the application.
43 In the event of any inconsistency between a instruction given under section 41 or a measure taken under subsection 42(1) and any rule made under section 35, the instruction or measure prevails to the extent of the inconsistency.
44 For greater certainty, sections 41 and 42 do not apply to an application with respect to a designated project, as defined in section 2 of the Impact Assessment Act, that is subject to an impact assessment under that Act.
Authorizations, Panels and Hearings
Marginal note:Authorization — powers, duties and functions
45 (1) The Lead Commissioner may authorize one or more commissioners, either jointly or severally, to exercise any of the powers of the Commission or to perform any of its duties and functions under this Act, except those under sections 95, 183, 184, 186, 195 to 197, subsection 211(3), sections 212 to 214, 231 to 234, 238 to 240, 248, 257, 262, 274, 285 to 287, 289 and under Parts 7 and 8.
(2) A power exercised or a duty or function performed under the authorization is considered to have been exercised or performed by the Commission.
Marginal note:Authorization — report
46 (1) The Lead Commissioner may authorize one or more of the commissioners to report to the Commission on any matter related to the work of the Commission or any application or proceeding before it. For the purpose of making a report related to an application or proceeding before the Commission, the authorized commissioners have all the powers of the Commission with respect to taking evidence or acquiring information.
Marginal note:Not a quorum
(2) Despite section 27 of this Act and paragraph 22(2)(a) of the Interpretation Act, three or more commissioners authorized to report in accordance with subsection (1) do not constitute a quorum of the Commission.
Marginal note:Use of report
(3) A report to the Commission under subsection (1) may be adopted as a decision or order of the Commission or be dealt with as the Commission considers appropriate.
Marginal note:Replacement of commissioner during hearing
47 (1) If a commissioner who is conducting a hearing in accordance with an authorization under section 45 or 46 is unable to act or resigns during the hearing, the Lead Commissioner may authorize another commissioner to continue the hearing and to make the decision or report.
Marginal note:Replacement of commissioner before decision or report
(2) If a commissioner who is conducting a hearing in accordance with an authorization under section 45 or 46 is unable to act or resigns after the conclusion of the hearing but before the decision or report is made, the Lead Commissioner may authorize another commissioner to examine all the evidence presented at the hearing and to make the decision or report on the basis of that evidence.
Marginal note:Replacement of panel member during hearing
48 (1) If a panel is conducting a hearing and a commissioner on the panel is unable to act or resigns during the hearing, the Lead Commissioner may authorize another commissioner to replace that commissioner for the rest of the hearing and to participate in the decision or, as applicable, finalize the report required under subsection 183(1).
Marginal note:Replacement of panel member before decision or report
(2) If a panel is conducting a hearing and a commissioner on the panel is unable to act or resigns after the conclusion of the hearing but before the decision is made or, as applicable, the report required under subsection 183(1) is finalized, the remaining commissioners may — if unanimous — make the decision or finalize the report as if the commissioner were present and participating.
Marginal note:Lead Commissioner’s powers
49 Nothing in section 47 or subsection 48(1) precludes the Lead Commissioner from taking a measure under subsection 42(1).
Marginal note:Change in composition of panel
50 If the composition of a panel changes in accordance with subsection 42(1) or 48(1),
(a) evidence and representations received by the Commission in relation to the matter being dealt with by the panel before the change are considered to have been received after the change; and
(b) the Commission is bound by every decision made by the Commission in relation to the matter being dealt with by the panel before the change unless the Commission elects to review, vary or rescind it.
Marginal note:Authorization to continue
51 If a commissioner resigns or their term expires, the Lead Commissioner may, on any conditions he or she specifies, authorize the former commissioner to continue to exercise powers and perform duties and functions as a commissioner in a matter to which they were assigned immediately before resigning or the expiry of their term until a final decision or recommendation in the matter is made, and the former commissioner is considered to be a commissioner for the purposes of this Act.
Marginal note:Public hearings
52 (1) A hearing before the Commission with respect to the issuance, suspension or revocation of a certificate under Part 3 or 4 must be public.
(2) Subsection (1) does not apply to a hearing with respect to the suspension or revocation of either of the following certificates if the holder applies for or consents to the suspension or revocation:
(a) a certificate issued in respect of an international or interprovincial power line, whether or not the power line has been brought into commercial operation under the certificate; or
(b) a certificate issued in respect of a pipeline that has not been brought into commercial operation under the certificate.
Marginal note:Other matters
(3) The Commission may hold a public hearing in respect of any other matter if the Commission considers it appropriate to do so and shall make public its reasons for holding the hearing.
Marginal note:For greater certainty
(4) For greater certainty, subsection (1) does not affect the operation of subsection 241(3).
53 (1) The Commission must issue written reasons for each recommendation it makes to the Governor in Council or the Minister.
Marginal note:Public availability
(2) The Regulator must make the recommendations, and the reasons for them, publicly available.
Exercise of Commission’s Powers and Performance of Its Duties and Functions by Designated Officers
54 The Governor in Council may make regulations that specify
(a) powers, duties and functions of the Commission that are technical or administrative in nature and may be exercised or performed by designated officers;
(b) any circumstances in which those powers are to be exercised and those duties and functions are to be performed only by designated officers; and
(c) the procedures and practices that apply to the exercise of those powers and the performance of those duties and functions by designated officers.
Marginal note:Apportionment of work
55 The Chief Executive Officer is responsible for apportioning among the designated officers any work related to a power, duty or function that is specified in a regulation made under section 54.
Rights and Interests of the Indigenous Peoples of Canada
Marginal note:Duty to consider — Commission
56 (1) When making a decision, an order or a recommendation under this Act, the Commission must consider any adverse effects that the decision, order or recommendation may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.
Marginal note:Duty to consider — designated officers
(2) When making a decision or an order under this Act, a designated officer must consider any adverse effects that the decision or order may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.
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