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

Act current to 2021-06-28 and last amended on 2020-07-01. Previous Versions

PART 1Canadian Energy Regulator (continued)

Decisions and Orders (continued)

Reviews and Appeals

Marginal note:Power to review, vary or rescind — Commission

  •  (1) The Commission may review, vary or rescind any decision or order it makes and, if applicable, may re-hear any application before deciding it.

  • Marginal note:Power to vary or rescind — designated officer or inspection officer

    (2) A designated officer or inspection officer may vary or rescind any decision or order they make and, if applicable, may re-hear any application before deciding it.

  • Marginal note:Exception

    (3) This section does not apply to a decision or order in relation to an operating licence or authorization to which section 382 or 383 applies or in relation to the approval of a development plan under section 5.1 of the Canada Oil and Gas Operations Act.

Marginal note:Decisions final

  •  (1) Except as provided for in this Act, every decision or order of the Commission, a designated officer or an inspection officer is final and conclusive.

  • Marginal note:Decision or order

    (2) Any minute or other record of the Commission, a designated officer or an inspection officer or any document issued by one of them, in the form of a decision or order, is considered for the purposes of this section to be a decision or order, as the case may be, of the Commission, the designated officer or the inspection officer.

Marginal note:Appeal to Commission

 An appeal from a decision or order of a designated officer or an inspection officer may be brought before the Commission and the Commission may dismiss or allow the appeal and vary or rescind the decision or order.

Marginal note:Appeal to Federal Court of Appeal

  •  (1) An appeal from a decision or order of the Commission on any question of law or of jurisdiction may be brought in the Federal Court of Appeal with the leave of that Court.

  • Marginal note:Application for leave to appeal

    (2) Leave to appeal must be applied for within 30 days after the date of the decision or order appealed from or within any additional time that a judge of the Court grants in exceptional circumstances.

  • Marginal note:Time limit for appeal

    (3) An appeal must be brought within 60 days after the day on which leave to appeal is granted.

  • Marginal note:Argument by Regulator

    (4) The Regulator is entitled to be heard on an application for leave to appeal and at any stage of an appeal.

  • Marginal note:Costs

    (5) In any appeal under this section, costs may not be awarded against any of the commissioners.

  • Marginal note:Report not decision or order

    (6) For greater certainty, a report submitted by the Commission under section 183 or 184 — or under subsection 51(1) the Impact Assessment Act — is not a decision or order of the Commission for the purposes of this section and neither is any part of the report.

Alternative Dispute Resolution

Marginal note:Alternative dispute resolution

  •  (1) If all the parties to a dispute that is directly related to a matter under this Act consent, the Regulator must provide or cause to be provided an alternative dispute resolution process for the dispute.

  • Marginal note:Results

    (2) The results of the alternative dispute resolution process are not binding.

  • Marginal note:Use of results by Commission

    (3) The Commission may take the results of the alternative dispute resolution process into account when making a decision, order or recommendation and may refer to them in the decision, order or recommendation.

  • Marginal note:Use of results by designated officer

    (4) A designated officer may take the results of the alternative dispute resolution process into account when making a decision or order and may refer to them in the decision or order.

  • Marginal note:Public availability of results

    (5) The Regulator may make the results of the alternative dispute resolution process public with the consent of the parties.

Public Engagement

Marginal note:Public engagement

 The Regulator must establish processes that the Regulator considers appropriate to engage meaningfully with the public — and, in particular, the Indigenous peoples of Canada and Indigenous organizations — when public hearings are held under section 52 or subsection 241(3).

Marginal note:Participant funding program

 For the purposes of this Act, the Regulator must establish a participant funding program to facilitate the participation of the public — and, in particular, the Indigenous peoples of Canada and Indigenous organizations — in public hearings under section 52 or subsection 241(3) and any steps leading to those hearings.

Collaborative Processes and Ministerial Arrangements

Marginal note:Collaborative processes

 The Regulator may enter into arrangements with any government or Indigenous organization to establish collaborative processes.

Marginal note:Ministerial arrangements

  •  (1) If regulations are made under section 78, the Minister may, in accordance with those regulations, enter into arrangements with Indigenous governing bodies for carrying out the purposes of this Act and may authorize any Indigenous governing body with whom an arrangement is entered into to exercise the powers or perform the duties and functions under this Act that are specified in the arrangement.

  • Marginal note:Publication

    (2) Within 30 days after the day on which the Minister enters into an arrangement, the Regulator must publish it on the Regulator’s website.

Marginal note:Regulations

 The Governor in Council may make regulations respecting the Minister’s power to enter into arrangements under section 77, including regulations

  • (a) respecting how they are to be entered into;

  • (b) respecting the circumstances under which they may be entered into;

  • (c) respecting their contents; and

  • (d) varying or excluding any provision of this Act or a regulation made under it as that provision applies to the subject matter of the arrangement.

Marginal note:Inconsistencies

 In the event of an inconsistency between an arrangement referred to in section 76 and an arrangement referred to in section 77, the arrangement referred to in section 77 prevails to the extent of the inconsistency.

Advice

Marginal note:Study and review

 The Regulator must study and keep under review matters relating to

  • (a) the exploration for, and the production, recovery, manufacture, processing, transmission, transportation, distribution, sale, purchase, lease, exchange and alienation of energy and sources of energy in and outside Canada; and

  • (b) the safety and security of regulated facilities and abandoned facilities.

Marginal note:Reports and recommendations to Minister

 The Regulator may submit to the Minister reports on the matters referred to in section 80 from time to time and may recommend to the Minister any measures within Parliament’s jurisdiction that the Regulator considers to be necessary or in the public interest for

  • (a) the control, supervision, conservation, use, marketing and development of energy and sources of energy; and

  • (b) the safety and security of regulated facilities and abandoned facilities.

Marginal note:Recommendations on cooperative measures

 The Regulator may — with respect to energy matters, sources of energy and the safety and security of regulated facilities and abandoned facilities — recommend to the Minister any measures that the Regulator considers necessary or appropriate for cooperation with governmental or other agencies in or outside Canada.

Marginal note:Request of Minister

  •  (1) The Regulator must — with respect to energy matters, sources of energy and the safety and security of regulated facilities and abandoned facilities — provide to the Minister any advice that the Minister requests, including advice relating to the export pricing of oil and gas, and prepare any study or report that the Minister requests.

  • Marginal note:Prohibition on publication

    (2) The Regulator must not publish any advice, study or report referred to in subsection (1) without the Minister’s consent.

Marginal note:Other requests

 The Regulator may, on request, provide advice about energy matters, sources of energy and the safety and security of regulated facilities and abandoned facilities to

  • (a) ministers, officers and employees of any government department or ministry, whether federal, provincial or territorial; and

  • (b) members, officers and employees of any government agency, whether federal, provincial or territorial.

 
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