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

Act current to 2021-10-07 and last amended on 2020-07-01. Previous Versions

PART 6Lands (continued)

Determination of Compensation (continued)

Marginal note:Decisions

 The Commission must, within seven days after it makes a decision on an application, ensure that a copy of the decision is forwarded by mail to the company and to each other party to the proceeding.

Marginal note:Agreements supersede Commission decisions

 If, at any time after a decision of the Commission has been made in respect of lands acquired or leased by a company, the parties affected enter into a land acquisition or lease agreement referred to in subsection 321(1), the agreement supersedes the decision of the Commission.

Regulations and Orders Respecting Acquisition, Lease or Taking of Lands and Compensation Matters

Marginal note:Regulations

 The Regulator may, with the approval of the Governor in Council, make regulations respecting the acquisition, lease or taking of lands and compensation matters, including regulations

  • (a) prescribing compensation matters related to the operation of section 335;

  • (b) respecting the form and manner in which a notice is served for the purpose of section 201 and subsection 322(1);

  • (c) respecting the procedures for the acquisition, lease or taking of lands for the purpose of subsection 321(1);

  • (d) prescribing additional terms to be added to those that must be included in a land acquisition or lease agreement under paragraphs 321(2)(a) to (g);

  • (e) prescribing additional factors to be added to those that the Commission must consider under paragraphs 327(2)(a) to (i);

  • (f) governing the procedures for the Commission to make orders under section 334;

  • (g) respecting the receipt and holding by the Regulator of copies of any agreements referred to in subsection 321(1) that are submitted voluntarily by a company and owner of the lands in question;

  • (h) prescribing any matter or thing that by this Part is to be or may be prescribed; and

  • (i) generally to carry out the purposes and provisions of this Part.

Marginal note:Orders of Commission

  •  (1) On application, the Commission may, by order, give directions, including to determine any compensation payable under this Part, with respect to pipelines and abandoned pipelines in relation to

    • (a) the acquisition, lease or taking of lands;

    • (b) lands whose use is restricted by the operation of section 335, whether or not the lands were acquired, leased or taken; and

    • (c) damages caused by the activities of the company to any person, provincial government, local authority and government or Indigenous governing body during their planning, construction, operation or abandonment.

  • Marginal note:Factors to consider

    (2) In determinating any compensation matter under paragraph (1)(a), the Commission must consider the factors referred to in paragraphs 327(2)(a) to (j).

Damage Prevention

Marginal note:Prohibition — construction or ground disturbance

  •  (1) It is prohibited for any person to construct a facility across, on, along or under a pipeline or engage in an activity that causes a ground disturbance within the prescribed area unless the construction or activity is authorized or required by the orders made under subsection (3) or (4) or regulations made under subsections (5) or (6) and done in accordance with them.

  • Marginal note:Prohibition — vehicles and mobile equipment

    (2) It is prohibited for any person to operate a vehicle or mobile equipment across a pipeline unless

    • (a) that operation is authorized or required by orders made under subsection (3) or (4) or regulations made under subsections (5) or (6) and done in accordance with them; or

    • (b) the vehicle or equipment is operated within the travelled portion of a highway or public road.

  • Marginal note:Order

    (3) The Commission may, by order, direct the owner of a facility constructed across, on, along or under a pipeline in contravention of this Act or the Commission’s orders or regulations to do any things that the Commission considers necessary for the safety or security of the pipeline and, if the Commission considers that the facility may impair the safety or security of the operation of the pipeline, direct the owner to reconstruct, alter or remove the facility.

  • Marginal note:Order

    (4) The Commission may, by order, give directions

    • (a) governing the design, construction, operation and abandonment of facilities constructed across, on, along or under pipelines;

    • (b) prescribing the area for the purposes of subsection (1);

    • (c) authorizing the construction of facilities across, on, along or under pipelines;

    • (d) authorizing ground disturbances within the prescribed area;

    • (e) governing the measures to be taken in relation to

      • (i) the construction of facilities across, on, along or under pipelines,

      • (ii) the construction of pipelines across, on, along or under facilities, other than railways, and

      • (iii) ground disturbances within the prescribed area;

    • (f) authorizing the operation of vehicles or mobile equipment across a pipeline and governing the measures to be taken in relation to that operation;

    • (g) governing the apportionment of costs directly incurred as a result of the construction or disturbance authorized under this section;

    • (h) specifying activities for the purposes of paragraph (a) of the definition ground disturbance in section 2 in respect of pipelines; and

    • (i) authorizing a company to give the authorization referred to in paragraph (c), (d) or (f) on any conditions that the company considers appropriate.

  • Marginal note:Regulations

    (5) The Regulator may make regulations respecting any matter referred to in paragraphs (4)(a) to (f) and (h).

  • Marginal note:Regulations

    (6) The Regulator may, with the approval of the Governor in Council, make regulations

    • (a) governing the apportionment of costs directly incurred as a result of the construction or disturbance authorized under this section; and

    • (b) authorizing a company to give the authorization referred to in paragraph (4)(c), (d) or (f), subject to any conditions that the company considers appropriate.

  • Marginal note:Temporary prohibition on ground disturbances

    (7) Orders made under subsection (4) and regulations made under subsection (5) may provide for the prohibition of ground disturbances in an area that is situated in the vicinity of a pipeline and that may extend beyond the prescribed area during the period that starts when a request is made to a pipeline company to locate its pipeline and ends

    • (a) at the end of the third working day after the day on which the request is made; or

    • (b) at any later time that is agreed to between the pipeline company and the person making the request.

  • Marginal note:Exemptions

    (8) The Commission may, by order made subject to any conditions that the Commission considers appropriate, exempt any person from the application of an order made under subsection (4) or a regulation made under subsection (5) or (6).

  • Marginal note:Offence and punishment

    (9) Every person who contravenes subsection (1) or (2), an order made under subsection (3) or (4) or a regulation made under subsection (5) or (6) is guilty of an offence and liable

    • (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both; or

    • (b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or to both.

  • Marginal note:Application of subsections 379(2) to (6)

    (10) Subsections 379(2) to (6) apply, with any modifications that the circumstances require, to an offence under subsection (9).

Mines and Minerals

Marginal note:Protection of mines

 A company must not, without a designated officer having, by order, authorized it to do so, locate the line of its proposed pipeline, or construct the pipeline or any portion of the pipeline, so as to obstruct or interfere with or injuriously affect the working of or the access or adit to a mine then open, or for the opening of which preparations are, at the time of the location, being lawfully and openly made.

Marginal note:Right to minerals

 A company is not, unless they have been expressly purchased, entitled to mines, ores, metals, coal, slate, oil, gas or other minerals in or under lands purchased by it, or taken by it under compulsory powers given to it by this Act, except only the parts of them that are necessary to be dug, carried away or used in the construction of the works, and, except as provided in this section, all those mines and minerals are deemed to be excepted from the transfer of the lands, unless they have been expressly included in the transfer documents.

 
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