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

Act current to 2021-09-11 and last amended on 2020-07-01. Previous Versions

PART 6Lands (continued)

Mines and Minerals (continued)

Marginal note:Protection of pipeline from mining operations

  •  (1) A person must not work or prospect for mines or minerals lying under a pipeline or any of the works connected with the pipeline, or within 40 m of the pipeline, without a designated officer having, by order, authorized it to do so.

  • Marginal note:Use of oil and gas

    (2) Despite subsection (1), an order from a designated officer is not required in the case of a well taking oil or gas from lands lying under a pipeline or any of the works connected with the pipeline if the well is not drilled within 40 m of the pipeline.

  • Marginal note:Application for order

    (3) On an application for an order under subsection (1), the applicant must submit a plan and profile of the portion of the pipeline to be affected, giving all reasonable and necessary information respecting the proposed operations.

  • Marginal note:Conditions of order

    (4) The designated officer may grant the application referred to in subsection (3), subject to any conditions for the protection, safety or security of persons that the designated officer considers appropriate, and may, by order, direct that any things be done that under the circumstances the designated officer considers to be best adapted to remove or diminish the danger arising or likely to arise from the proposed operations.

Marginal note:Examination of site of mining operations

 If necessary in order to ascertain whether any mining or prospecting operations have been carried on so as to injure or be detrimental to a pipeline or its safety or security or the safety or security of persons, a company may, if a designated officer, by order, authorizes it to do so and after giving 24 hours notice in writing, enter on any lands through or near which its pipeline passes where any mining or prospecting operations are being carried on, and enter into and return from the site of the operations, and for those purposes the company may make use of any apparatus used in connection with the operations and use all necessary means for discovering the distance from its pipeline to the place where the operations are being carried on.

Marginal note:Compensation for severance, etc., of mining property

 A company must, from time to time, pay to the owner, lessee or occupier of any mines any compensation that the Commission fixes and, by order, directs to be paid for or by reason of any severance by a pipeline of the land lying over the mines, the working of the mines being prevented, stopped or interrupted, or the mines having to be worked in any manner and under any restrictions so as not to injure or be detrimental to the pipeline, and also for any minerals not purchased by the company that cannot be obtained by reason of the construction and operation of its line.

Executions

Marginal note:Assets of company subject to executions

  •  (1) Nothing in this Act restricts or prohibits any of the following transactions:

    • (a) the sale under execution of any property of a company;

    • (b) the creation of any lien, mortgage, hypothec, charge or other security on the property of the company, or of any prior claim or right of retention within the meaning of the Civil Code of Québec or any other statute of Quebec with respect to property of the company;

    • (c) the sale, elsewhere than in Quebec, under an order of a court of any property of the company to enforce or realize on any lien, mortgage, charge or other security on the property of the company;

    • (d) the sale, in Quebec, under an order of a court or by judicial authority, of any property of the company to enforce or realize on any hypothec, charge or other security on the property of the company; and

    • (e) the exercise of remedies for the enforcement and realization of any prior claim referred to in paragraph (b) or the exercise of any right of retention referred to in that paragraph.

  • Marginal note:Application of provincial law

    (2) A transaction mentioned in subsection (1) in respect of any property of a company is subject to the same laws to which it would be subject if the work and undertaking of the company were a local work or undertaking in the province in which that property is situated.

Construing Special Acts

Marginal note:Construing Special Acts

 Except as otherwise provided in this Part,

  • (a) this Act must be construed as incorporate with a Special Act; and

  • (b) in the event of an inconsistency between a provision of this Part and of a provision of a Special Act, the provision of the Special Act prevails to the extent of the inconsistency.

PART 7Exports and Imports

DIVISION 1Oil and Gas

Prohibition

Marginal note:Prohibition — export

 A person must not export oil or gas except in accordance with a licence issued under this Part or as authorized under the regulations made under this Part.

Issuance of Licences for Exportation

Marginal note:Issuance

  •  (1) Subject to the regulations, the Commission may, with the Minister’s approval, issue licences for the exportation of oil or gas and impose conditions on them.

  • Marginal note:Compliance

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

Marginal note:Criteria

 The Commission must not issue a licence unless it is satisfied that the quantity of oil or gas to be exported does not exceed the surplus remaining after allowance has been made for the reasonably foreseeable requirements for use in Canada, having regard to trends in the discovery of oil or gas in Canada.

Marginal note:Time limit

  •  (1) The Commission must decide whether to issue a licence for the exportation of oil or gas within 180 days after the day on which the Commission considers that the applicant has provided a complete application. The Commission must make that day public.

  • Marginal note:Continuation of jurisdiction

    (2) A failure by the Commission to comply with subsection (1) within the required time limit does not affect its jurisdiction to issue the licence and anything done by it in relation to the issuance of that licence remains valid.

  • Marginal note:Excluded period

    (3) If the Commission requires that the applicant provide information or undertake a study with respect to the application and the Commission states publicly that this subsection applies, the period that is taken by the applicant to comply with the requirement is not included in the calculation of the time limit.

  • Marginal note:Public notice of excluded period

    (4) The Commission must make the day on which the period referred to in subsection (3) begins and the day on which it ends public as soon as each day is known.

  • Marginal note:Extension

    (5) The Minister may, by order, extend the time limit by a maximum of 90 days. The Governor in Council may, on the Minister’s recommendation, by order, further extend that time limit by any additional period or periods of time.

Marginal note:Ministerial approval

  •  (1) The Minister must decide whether to grant his or her approval of the issuance of a licence for the exportation of oil or gas within 90 days after the day on which the Commission makes its decision under subsection 346(1).

  • Marginal note:Continuation of jurisdiction

    (2) Despite subsection (1), if the Minister grants his or her approval after the expiry of the time limit for doing so, the Commission’s jurisdiction to issue the licence is not affected and anything done by it in relation to the issuance of that licence remains valid.

  • Marginal note:Period for issuing licences

    (3) The Commission must issue the licence within seven days after the day on which the Minister grants his or her approval.

Variation, Transfer, Suspension and Revocation

Marginal note:Variation of licences

  •  (1) The Commission may, on application or its own initiative, vary a licence issued under this Division. However, if the Commission considers that the variation is neither minor nor technical in nature, the Commission must not do so without the approval of the Minister.

  • Marginal note:Public interest

    (2) The Minister may approve a variation under subsection (1) if he or she considers that it is in the public interest to do so.

  • Marginal note:Conditions

    (3) In varying a licence, the Commission may impose — in addition to or in lieu of any conditions to which the licence was previously subject — any conditions that the Commission considers necessary or appropriate to give effect to the purposes and provisions of this Act.

Marginal note:Transfer of licences

  •  (1) The Commission may, on application, transfer a licence issued under this Division. However, if the Commission considers that the transfer is neither minor nor technical in nature, the Commission must not do so without the approval of the Minister.

  • Marginal note:Public interest

    (2) The Minister may approve a transfer of a licence if he or she considers that it is in the public interest to do so.

  • Marginal note:Conditions

    (3) In transferring a licence, the Commission may impose — in addition to or in lieu of any conditions to which the licence was previously subject — any conditions that the Commission considers necessary or appropriate to give effect to the purposes and provisions of this Act.

 
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