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

Marginal note:Order to reconsider

• 184 (1) After the Commission has submitted its report under section 183, the Governor in Council may, by order, refer the recommendation, or any of the conditions, set out in the report back to the Commission for reconsideration.

• Marginal note:Factors and time limit

  (2) The order may direct the Commission to conduct the reconsideration taking into account any factor specified in the order and it may specify a time limit within which the Commission must complete its reconsideration.

• Marginal note:Order binding

  (3) The order is binding on the Commission.

• Marginal note:Publication

  (4) The order must be published in the Canada Gazette within 15 days after the day on which it is made.

• Marginal note:Obligation of Commission

  (5) The Commission must, within the time limit specified in the order, if one was specified,

  • (a) reconsider its recommendation or any condition referred back to it, as the case may be;

  • (b) prepare and submit to the Minister a report on its reconsideration; and

  • (c) make the report public.

• Marginal note:Contents of report

  (6) In the reconsideration report, the Commission must

  • (a) if its recommendation was referred back, either confirm the recommendation or set out a different recommendation; and

  • (b) if a condition was referred back, confirm the condition, state that it no longer supports it or replace it with another one.

• Marginal note:Conditions

  (7) Regardless of what the Commission sets out in the reconsideration report, the Commission must set out in the report all the conditions, that it considers necessary or in the public interest, to which the certificate would be subject if the Governor in Council were to direct that the certificate be issued.

• Marginal note:Report is final and conclusive

  (8) Subject to subsection (9) and section 186, the Commission’s reconsideration report is final and conclusive.

• Marginal note:Reconsideration of report submitted under subsection (5)

  (9) After the Commission has submitted its report under subsection (5), the Governor in Council may, by order, refer the Commission’s recommendation, or any of the conditions, set out in the report back to the Commission for reconsideration. If it does so, subsections (2) to (8) apply.