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

Marginal note:Decision by Governor in Council

• 186 (1) After a report has been submitted under section 183 or 184, the Governor in Council must,

  • (a) in the case of a recommendation that a certificate be issued,

    • (i) refer the recommendation, or any of the conditions, set out in the report back for reconsideration under subsection 184(1) or (9), as the case may be,

    • (ii) direct the Commission, by order, to issue a certificate in respect of the pipeline or any part of it and to make the certificate subject to the conditions set out in the report, or

    • (iii) direct the Commission, by order, to dismiss the application for a certificate; or

  • (b) in the case of a recommendation that a certificate not be issued,

    • (i) refer the recommendation, or any of the conditions, set out in the report back for reconsideration under subsection 184(1) or (9), as the case may be, or

    • (ii) direct the Commission, by order, to dismiss the application for a certificate.

• Marginal note:Reasons

  (2) An order made under subsection (1) must set out the reasons for making the order. The reasons must demonstrate that the Governor in Council took into account all the considerations referred to in subsection 183(2) that appeared to the Governor in Council to be relevant and directly related to the pipeline.

• Marginal note:Time limit

  (3) An order made under subsection (1) must be made within 90 days after the day on which the report under section 183 is submitted or, in the case of a designated project, as defined in section 2 of the Impact Assessment Act, 90 days after the day on which the recommendations referred to in paragraph 37.1(1)(b) of that Act are posted on the Internet site referred to in section 105 of that Act. The Governor in Council may, on the recommendation of the Minister, by order, grant one or more extensions of the time limit. If the Governor in Council makes an order under subsection 184(1) or (9), the period that is taken to complete the reconsideration and to submit the report is to be excluded from the calculation of the time limit.

• Marginal note:Order is final and conclusive

  (4) Every order made under subsection (1) or (3) is final and conclusive.

• Marginal note:Obligation of Commission

  (5) The Commission must comply with an order made under subsection (1) within seven days after the day on which it is made.

• Marginal note:Publication

  (6) An order made under subsection (1) must be published in the Canada Gazette within 15 days after the day on which it is made.