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

Marginal note:Construction — utility

• 217 (1) A company must not construct a pipeline that passes on, over, along or under a utility unless a certificate has been issued, or an order has been made under section 214, in respect of the pipeline, and

  • (a) the certificate or order contains a condition relating to that utility;

  • (b) the company has been granted leave under subsection (2); or

  • (c) the company is constructing the pipeline in circumstances specified in an order or regulation made under subsection (4).

• Marginal note:Authority to grant leave

  (2) The Commission may, by order, on application, grant a company leave to construct a pipeline that passes on, over, along or under a utility. It may require from the applicant any plans, profiles and other information that it considers necessary to deal with the application.

• Marginal note:Conditions

  (3) The leave may be granted in whole or in part and be subject to any conditions that the Commission considers appropriate.

• Marginal note:Circumstances

  (4) The Regulator may specify circumstances for the purposes of paragraph (1)(c) by regulation, and the Commission may do so by order.

• Marginal note:Leave in emergency cases

  (5) The Commission may grant leave under subsection (2) after construction of the work has commenced if it is satisfied that the work was urgently required and, before the commencement of construction, it was notified of the company’s intention to proceed with the work.

• Marginal note:Definition of utility

  (6) In this section, utility means a highway, an irrigation ditch, a publicly owned or operated drainage system, sewer or dike, an underground telecommunications line or a line for the transmission of hydrocarbons, electricity or any other substance.