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

Marginal note:Orders

• 214 (1) The Commission may, by order, exempt from the application of any or all of the provisions of section 179, subsection 180(1) and sections 182, 198, 199 and 213

  • (a) pipelines or branches of or extensions to pipelines, of not more than 40 kilometres in length;

  • (b) pipelines that have already been constructed; and

  • (c) any tanks, reservoirs, storage or loading facilities, pumps, racks, compressors, interstation communication systems, real or personal property, or immovable or movable, and any connected works.

• Marginal note:Conditions

  (2) In any order made under subsection (1), the Commission may impose any conditions that it considers appropriate.

• Marginal note:Time limit

  (3) If an application for an order under subsection (1) is made, the Commission must, within the time limit specified by the Lead Commissioner, either make an order under that subsection or dismiss the application.

• Marginal note:Maximum time limit

  (4) The time limit specified by the Lead Commissioner must be no longer than 300 days after the day on which the applicant has, in the Commission’s opinion, provided a complete application.

• Marginal note:Excluded period

  (5) In the circumstances prescribed by regulations made under section 216, the Lead Commissioner may specify that a period is to be excluded from the calculation of the time limit. The Lead Commissioner must provide reasons for doing so.

• Marginal note:Extension

  (6) The Minister may, by order, grant one or more extensions of the time limit specified under subsection (3).

• Marginal note:Publication

  (7) The Commission must make public the time limit specified under subsection (3), any period that is excluded under subsection (5), the reasons for the exclusion and any extension of time granted under subsection (6).

• Marginal note:Application related to application for certificate

  (8) Despite subsections (3) to (6), if the Lead Commissioner considers that an application for an exemption is related to an application for a certificate in respect of a pipeline, the time limit within which to make an order under subsection (1) or to dismiss the application for an exemption expires on the day on which the certificate is issued or the application for the certificate is dismissed.

• Marginal note:Continuation of jurisdiction and obligation

  (9) A failure by the Commission to make an order under subsection (1) or dismiss the application within the required time limit does not affect its jurisdiction to deal with the application or its obligation to make the order or to dismiss the application, and anything done by it in relation to the application remains valid.