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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 7Exports and Imports (continued)

DIVISION 1Oil and Gas (continued)

Variation, Transfer, Suspension and Revocation (continued)

Marginal note:Suspension or revocation of licences — application or consent

 The Commission may, by order, suspend or revoke a licence issued under this Division if the holder applies for or consents to the suspension or revocation.

Marginal note:Suspension or revocation of licences — contravention

  •  (1) The Commission may, by order, suspend or revoke a licence issued under this Division if the holder has contravened a condition of the licence.

  • Marginal note:Suspension or revocation of licences — public interest

    (2) The Commission may, by order and with the approval of the Minister, suspend or revoke a licence issued under this Division if the Commission considers that it is in the public interest to do so.

  • Marginal note:Notice to licence holder

    (3) The Commission must not make an order under subsection (1) or (2) unless the Commission provides the holder of the licence with notice of the alleged contravention or the reasons why it considers a suspension or revocation to be in the public interest, as the case may be, and gives the holder an opportunity to be heard.

Importation of Oil or Gas

Marginal note:Importer

 Unless exempted by the regulations, for each prescribed reporting period every person who imports oil or gas must provide the prescribed information to the Regulator in the prescribed form and manner.

Regulations

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations for the purposes of this Division, including regulations

    • (a) respecting the period of validity of licences, the quantities that may be exported under licences and any other conditions to which licences may be subject;

    • (b) authorizing the Commission to make orders authorizing the exportation of oil or gas and prescribing the circumstances in which the Commission may make, and the conditions that may be included in, those orders;

    • (c) prescribing the conditions under which the exportation of oil or gas may be carried out without a licence;

    • (d) prescribing the inspection of any instruments, devices, plant, equipment, books, records or accounts or any other thing used for or in connection with the exportation or importation of oil or gas;

    • (e) prescribing the immediate measures to take in respect of oil or gas seized by an officer referred to in section 380;

    • (f) prescribing, in respect of oil or gas the exportation of which is authorized under this Part, or any quality, kind or class of that oil or gas or type of service relating to it, the price at which or the range of prices within which that oil or gas must be sold; and

    • (g) exempting oil or gas that is exported to Chile or Costa Rica, or any quality, kind or class of that oil or gas or type of service relating to it, from the application of regulations made under paragraph (f).

  • Marginal note:Maximum validity

    (2) The period of validity referred to in paragraph (1)(a) begins on a date to be fixed in the licence and must not exceed

    • (a) 40 years, in the case of a licence for the exportation of natural gas as defined by the regulations; and

    • (b) 25 years, in any other case.

  • Marginal note:Different prices or ranges of prices

    (3) Regulations made under paragraph (1)(f) may prescribe different prices or ranges of prices in respect of different countries.

Marginal note:Regulations — Governor in Council approval

  •  (1) Subject to the approval of the Governor in Council, the Regulator may make regulations

    • (a) exempting persons or classes of persons from the application of section 352; and

    • (b) prescribing anything that is to be prescribed under that section.

  • Marginal note:Regulations — Regulator

    (2) The Regulator may make regulations

    • (a) respecting the information to be provided by applicants for licences and the procedure to be followed in applying for licences and in issuing licences; and

    • (b) prescribing units of measurement and measuring instruments or devices to be used in connection with the exportation or importation of oil or gas.

DIVISION 2Electricity

Prohibition

Marginal note:Export

 A person must not export electricity except in accordance with a permit issued under section 356 or a licence issued under section 361.

Issuance of Permits

Marginal note:Issuance

  •  (1) Except in the case of an application designated by order of the Governor in Council under section 360, the Commission must, on application to it and without holding a public hearing, issue a permit authorizing the exportation of electricity.

  • Marginal note:Information

    (2) The application must be accompanied by any information prescribed by regulation.

Marginal note:Publication

  •  (1) The applicant must cause a notice of the application to be published in the Canada Gazette and in any other publication that the Commission considers appropriate.

  • Marginal note:Waiver

    (2) The Commission may waive the requirement set out in subsection (1) if it considers that there is a critical shortage of electricity outside Canada caused by terrorist activity, as defined in subsection 83.01(1) of the Criminal Code.

Marginal note:Further information

 The Commission may, within a reasonable time after the publication of the notice, require the applicant to provide any additional information that the Commission considers necessary to determine whether to make a recommendation under section 359.

Marginal note:Delay of issuance

  •  (1) The Commission may make a recommendation to the Minister, which it must make public, that an application for exportation of electricity be designated by order of the Governor in Council under section 360 and may delay issuing a permit during any period that is necessary for the purpose of making such an order.

  • Marginal note:Criteria

    (2) In determining whether to make a recommendation, the Commission must seek to avoid the duplication of measures taken in respect of the exportation by the applicant and the government of the province from which the electricity is to be exported and must take into account

    • (a) the effect of the exportation of the electricity on provinces other than that from which the electricity is to be exported;

    • (b) whether the applicant has

      • (i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and

      • (ii) given an opportunity to buy electricity on conditions as favourable as the conditions specified in the application to those who, within a reasonable time after being so informed, demonstrate an intention to buy electricity for consumption in Canada; and

    • (c) any factors that are specified in the regulations.

Orders

Marginal note:Where licence required

  •  (1) The Governor in Council may make orders

    • (a) designating an application for exportation of electricity as an application in respect of which section 361 applies; and

    • (b) revoking any permit issued in respect of the exportation.

  • Marginal note:Time limit

    (2) No order may be made under subsection (1) more than 45 days after the day on which a permit is issued in respect of the application.

  • Marginal note:Effect of order

    (3) If an order is made under subsection (1),

    • (a) a permit must not be issued in respect of the application; and

    • (b) any application in respect of the exportation must be dealt with as an application for a licence.

Issuance of Licences

Marginal note:Issuance

  •  (1) The Commission may, subject to the approval of the Governor in Council, issue a licence for the exportation of electricity in relation to which an order made under section 360 is in force.

  • Marginal note:Criteria

    (2) Before issuing a licence, the Commission must take into account

    • (a) the effect of the exportation of the electricity on provinces other than from which the electricity is to be exported;

    • (b) whether the applicant has

      • (i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and

      • (ii) given an opportunity to buy electricity on conditions as favourable as the conditions specified in the application to those who, within a reasonable time after being so informed, demonstrate an intention to buy electricity for consumption in Canada; and

    • (c) any factors that are specified in the regulations.

  • Marginal note:Revocation of permit

    (3) Any permit issued in respect of an application for a permit for the exportation of electricity in relation to which an order made under section 360 is in force and that is not revoked by the order is revoked on the Commission’s deciding not to issue a licence for that exportation.

 
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