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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 1Canadian Energy Regulator (continued)

Commission (continued)

Composition and Appointments (continued)

Marginal note:Conflict of Interest Act

 For the purposes of the Conflict of Interest Act, the circumstances in which a commissioner is in a conflict of interest while exercising the powers or performing the duties and functions of a commissioner include

  • (a) engaging in, as owner, shareholder, director, officer, partner or in any other way, the business of producing, selling, buying, transmitting, exporting, importing or otherwise dealing in hydrocarbons, electricity or offshore energy;

  • (b) holding any bond, debenture or other security of a corporation engaged in any such business;

  • (c) holding other employment that is inconsistent with their powers, duties and functions or with any provision of this Act or a regulation made under it; and

  • (d) holding office as the Chief Executive Officer or being employed by the Regulator.

Marginal note:Vacancy

 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

  •  (1) The Commission is a court of record and the Regulator’s seal must be judicially noticed as the Commission’s official seal.

  • Marginal note:Powers

    (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.

Marginal note:Jurisdiction

  •  (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.

  • Marginal note:Inquiry

    (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

 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

 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.

Marginal note:Rules

 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

  •  (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

Marginal note:Designation

 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

 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

  •  (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

  •  (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

 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

  •  (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.

  • Marginal note:Clarification

    (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.

 
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