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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 2Electricity (continued)

Conditions of Permits and Licences

Marginal note:Conditions — permits

  •  (1) The Commission may make a permit issued under section 356 subject to any conditions respecting the matters prescribed by the regulations that it considers necessary or in the public interest.

  • Marginal note:Conditions — licences

    (2) The Commission may make a licence issued under section 361 subject to any conditions that it considers appropriate.

Marginal note:Compliance

 Every permit and 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:Period of validity

 The period of validity of a permit or licence must not exceed 30 years.

Marginal note:Variation or transfer of permits or licences

  •  (1) The Commission may, on application or its own initiative, vary a permit or licence issued in respect of the exportation of electricity and may, on application, transfer such a permit or licence.

  • Marginal note:Conditions

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

Marginal note:Suspension or revocation of permits or licences

  •  (1) The Commission may, by order, suspend or revoke a permit or licence issued in respect of the exportation of electricity if the holder applies for or consents to the revocation or suspension or the holder has contravened a condition of the permit or licence.

  • Marginal note:Notice

    (2) The Commission must not make an order under subsection (1) for a contravention unless the Commission provides the holder of the permit or licence with notice of the alleged contravention and gives the holder an opportunity to be heard.

Regulations

Marginal note:Regulations — Governor in Council

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

    • (a) prescribing matters in respect of which conditions may be imposed on permits;

    • (b) specifying factors that the Commission must take into account in deciding whether to recommend to the Minister that an application for a permit for the exportation of electricity be designated by order of the Governor in Council under section 360;

    • (c) specifying factors that the Commission must take into account in deciding whether to issue a licence for the exportation of electricity in relation to which an order made under section 360 is in force; and

    • (d) the inspection of any instruments, devices, plant, equipment, books, records or accounts or any other thing used for or in connection with the exportation of electricity.

  • Marginal note:Regulations — Regulator

    (2) The Regulator may make regulations prescribing

    • (a) the information to be provided with applications for permits for the exportation of electricity; and

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

DIVISION 3Interprovincial Oil and Gas Trade

Interpretation

Marginal note:Definitions

 The following definitions apply in this Division.

designated area

designated area means any of the following, as referred to in an order made under subsection 369(1),

  • (a) a province;

  • (b) Sable Island; or

  • (c) any area of land, not within a province, that belongs to Her Majesty in right of Canada or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources and that is situated in submarine areas in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada. (région désignée)

designated oil or gas

designated oil or gas means oil or gas, or both, or any quality or kind of oil or gas, or both, that is the subject of an order made under subsection 369(1). (pétrole ou gaz désigné)

movement

movement, in respect of oil or gas, excludes an exportation. (acheminement)

Control by Regulator

Marginal note:Order in Council

  •  (1) The Governor in Council may, by order, give the supervision and control of the movement of designated oil or gas out of a designated area to the Regulator.

  • Marginal note:Licence required

    (2) While an order made under subsection (1) remains in force, a person must not move designated oil or gas out of the designated area except in accordance with a licence issued under this Division or as authorized under the regulations made under this Division.

Issuance of Licences

Marginal note:Issuance

  •  (1) Subject to the regulations, the Commission may, on any conditions that it may impose, issue a licence to any person permitting the movement of designated oil or gas out of the designated area.

  • Marginal note:Compliance

    (2) Every licence is subject to the conditions that

    • (a) the provisions of this Act and its regulations, as well as every order made under this Act, will be complied with; and

    • (b) the provisions of the Energy Administration Act and its regulations that are applicable to the designated oil or gas in respect of which the licence is issued will be complied with.

Marginal note:Criteria

  •  (1) Before issuing a licence, the Commission must take into account all factors that it considers relevant, including the equitable distribution of designated oil or gas in Canada.

  • Marginal note:Variation, transfer, suspension and revocation of licences

    (2) Sections 348 to 351 apply in respect of a licence issued under this Division.

Regulations

Marginal note:Regulations — Governor in Council

  •  (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 approval required for the issuance of licences, the quantities that may be moved out of the designated area under the authority of a licence and any other conditions to which licences may be subject; and

    • (b) prescribing the inspection of any instruments, devices, plant, equipment, books, records or accounts or any other thing used for or in connection with the movement of designated oil or gas out of the designated area.

  • Marginal note:Regulations — Regulator

    (2) The Regulator may make regulations prescribing

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

    • (b) units of measurement and measuring instruments or devices to be used in connection with the movement of designated oil or gas out of the designated area.

DIVISION 4Implementation of Free Trade Agreements

Marginal note:Definitions

 The following definitions apply in this Division.

CCFTA

CCFTA has the same meaning as Agreement as defined in subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act. (ALÉCC)

CCRFTA

CCRFTA has the same meaning as Agreement as defined in subsection 2(1) of the Canada — Costa Rica Free Trade Agreement Implementation Act. (ALÉCCR)

CUSMA

CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act. (ACEUM)

energy goods

energy goods means any goods for the exportation of which a licence or permit issued under this Part or an order made under the regulations is required. (produits énergétiques)

NAFTA

NAFTA[Repealed, 2020, c. 1, s. 208]

 
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