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

Act current to 2022-09-11 and last amended on 2022-06-23. Previous Versions

PART 6Lands (continued)

Mines and Minerals (continued)

Marginal note:Examination of site of mining operations

 If necessary in order to ascertain whether any mining or prospecting operations have been carried on so as to injure or be detrimental to a pipeline or its safety or security or the safety or security of persons, a company may, if a designated officer, by order, authorizes it to do so and after giving 24 hours notice in writing, enter on any lands through or near which its pipeline passes where any mining or prospecting operations are being carried on, and enter into and return from the site of the operations, and for those purposes the company may make use of any apparatus used in connection with the operations and use all necessary means for discovering the distance from its pipeline to the place where the operations are being carried on.

Marginal note:Compensation for severance, etc., of mining property

 A company must, from time to time, pay to the owner, lessee or occupier of any mines any compensation that the Commission fixes and, by order, directs to be paid for or by reason of any severance by a pipeline of the land lying over the mines, the working of the mines being prevented, stopped or interrupted, or the mines having to be worked in any manner and under any restrictions so as not to injure or be detrimental to the pipeline, and also for any minerals not purchased by the company that cannot be obtained by reason of the construction and operation of its line.

Executions

Marginal note:Assets of company subject to executions

  •  (1) Nothing in this Act restricts or prohibits any of the following transactions:

    • (a) the sale under execution of any property of a company;

    • (b) the creation of any lien, mortgage, hypothec, charge or other security on the property of the company, or of any prior claim or right of retention within the meaning of the Civil Code of Québec or any other statute of Quebec with respect to property of the company;

    • (c) the sale, elsewhere than in Quebec, under an order of a court of any property of the company to enforce or realize on any lien, mortgage, charge or other security on the property of the company;

    • (d) the sale, in Quebec, under an order of a court or by judicial authority, of any property of the company to enforce or realize on any hypothec, charge or other security on the property of the company; and

    • (e) the exercise of remedies for the enforcement and realization of any prior claim referred to in paragraph (b) or the exercise of any right of retention referred to in that paragraph.

  • Marginal note:Application of provincial law

    (2) A transaction mentioned in subsection (1) in respect of any property of a company is subject to the same laws to which it would be subject if the work and undertaking of the company were a local work or undertaking in the province in which that property is situated.

Construing Special Acts

Marginal note:Construing Special Acts

 Except as otherwise provided in this Part,

  • (a) this Act must be construed as incorporate with a Special Act; and

  • (b) in the event of an inconsistency between a provision of this Part and of a provision of a Special Act, the provision of the Special Act prevails to the extent of the inconsistency.

PART 7Exports and Imports

DIVISION 1Oil and Gas

Prohibition

Marginal note:Prohibition — export

 A person must not export oil or gas except in accordance with a licence issued under this Part or as authorized under the regulations made under this Part.

Issuance of Licences for Exportation

Marginal note:Issuance

  •  (1) Subject to the regulations, the Commission may, with the Minister’s approval, issue licences for the exportation of oil or gas and impose conditions on them.

  • Marginal note:Compliance

    (2) Every licence is subject to the condition that the provisions of this Act and its regulations, as well as every order made under this Act, will be complied with.

Marginal note:Criteria

 The Commission must not issue a licence unless it is satisfied that the quantity of oil or gas to be exported does not exceed the surplus remaining after allowance has been made for the reasonably foreseeable requirements for use in Canada, having regard to trends in the discovery of oil or gas in Canada.

Marginal note:Time limit

  •  (1) The Commission must decide whether to issue a licence for the exportation of oil or gas within 180 days after the day on which the Commission considers that the applicant has provided a complete application. The Commission must make that day public.

  • Marginal note:Continuation of jurisdiction

    (2) A failure by the Commission to comply with subsection (1) within the required time limit does not affect its jurisdiction to issue the licence and anything done by it in relation to the issuance of that licence remains valid.

  • Marginal note:Excluded period

    (3) If the Commission requires that the applicant provide information or undertake a study with respect to the application and the Commission states publicly that this subsection applies, the period that is taken by the applicant to comply with the requirement is not included in the calculation of the time limit.

  • Marginal note:Public notice of excluded period

    (4) The Commission must make the day on which the period referred to in subsection (3) begins and the day on which it ends public as soon as each day is known.

  • Marginal note:Extension

    (5) The Minister may, by order, extend the time limit by a maximum of 90 days. The Governor in Council may, on the Minister’s recommendation, by order, further extend that time limit by any additional period or periods of time.

Marginal note:Ministerial approval

  •  (1) The Minister must decide whether to grant his or her approval of the issuance of a licence for the exportation of oil or gas within 90 days after the day on which the Commission makes its decision under subsection 346(1).

  • Marginal note:Continuation of jurisdiction

    (2) Despite subsection (1), if the Minister grants his or her approval after the expiry of the time limit for doing so, the Commission’s jurisdiction to issue the licence is not affected and anything done by it in relation to the issuance of that licence remains valid.

  • Marginal note:Period for issuing licences

    (3) The Commission must issue the licence within seven days after the day on which the Minister grants his or her approval.

Variation, Transfer, Suspension and Revocation

Marginal note:Variation of licences

  •  (1) The Commission may, on application or its own initiative, vary a licence issued under this Division. However, if the Commission considers that the variation is neither minor nor technical in nature, the Commission must not do so without the approval of the Minister.

  • Marginal note:Public interest

    (2) The Minister may approve a variation under subsection (1) if he or she considers that it is in the public interest to do so.

  • Marginal note:Conditions

    (3) In varying a licence, the Commission may impose — in addition to or in lieu of any conditions to which the licence was previously subject — any conditions that the Commission considers necessary or appropriate to give effect to the purposes and provisions of this Act.

Marginal note:Transfer of licences

  •  (1) The Commission may, on application, transfer a licence issued under this Division. However, if the Commission considers that the transfer is neither minor nor technical in nature, the Commission must not do so without the approval of the Minister.

  • Marginal note:Public interest

    (2) The Minister may approve a transfer of a licence if he or she considers that it is in the public interest to do so.

  • Marginal note:Conditions

    (3) In transferring a licence, the Commission may impose — in addition to or in lieu of any conditions to which the licence was previously subject — any conditions that the Commission considers necessary or appropriate to give effect to the purposes and provisions of this Act.

Marginal note:Suspension or revocation of licences — application or consent

 The Commission may, by order, suspend or revoke a licence issued under this Division if the holder applies for or consents to the suspension or revocation.

Marginal note:Suspension or revocation of licences — contravention

  •  (1) The Commission may, by order, suspend or revoke a licence issued under this Division if the holder has contravened a condition of the licence.

  • Marginal note:Suspension or revocation of licences — public interest

    (2) The Commission may, by order and with the approval of the Minister, suspend or revoke a licence issued under this Division if the Commission considers that it is in the public interest to do so.

  • Marginal note:Notice to licence holder

    (3) The Commission must not make an order under subsection (1) or (2) unless the Commission provides the holder of the licence with notice of the alleged contravention or the reasons why it considers a suspension or revocation to be in the public interest, as the case may be, and gives the holder an opportunity to be heard.

Importation of Oil or Gas

Marginal note:Importer

 Unless exempted by the regulations, for each prescribed reporting period every person who imports oil or gas must provide the prescribed information to the Regulator in the prescribed form and manner.

Regulations

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations for the purposes of this Division, including regulations

    • (a) respecting the period of validity of licences, the quantities that may be exported under licences and any other conditions to which licences may be subject;

    • (b) authorizing the Commission to make orders authorizing the exportation of oil or gas and prescribing the circumstances in which the Commission may make, and the conditions that may be included in, those orders;

    • (c) prescribing the conditions under which the exportation of oil or gas may be carried out without a licence;

    • (d) prescribing the inspection of any instruments, devices, plant, equipment, books, records or accounts or any other thing used for or in connection with the exportation or importation of oil or gas;

    • (e) prescribing the immediate measures to take in respect of oil or gas seized by an officer referred to in section 380;

    • (f) prescribing, in respect of oil or gas the exportation of which is authorized under this Part, or any quality, kind or class of that oil or gas or type of service relating to it, the price at which or the range of prices within which that oil or gas must be sold; and

    • (g) exempting oil or gas that is exported to Chile or Costa Rica, or any quality, kind or class of that oil or gas or type of service relating to it, from the application of regulations made under paragraph (f).

  • Marginal note:Maximum validity

    (2) The period of validity referred to in paragraph (1)(a) begins on a date to be fixed in the licence and must not exceed

    • (a) 40 years, in the case of a licence for the exportation of natural gas as defined by the regulations; and

    • (b) 25 years, in any other case.

  • Marginal note:Different prices or ranges of prices

    (3) Regulations made under paragraph (1)(f) may prescribe different prices or ranges of prices in respect of different countries.

Marginal note:Regulations — Governor in Council approval

  •  (1) Subject to the approval of the Governor in Council, the Regulator may make regulations

    • (a) exempting persons or classes of persons from the application of section 352; and

    • (b) prescribing anything that is to be prescribed under that section.

  • Marginal note:Regulations — Regulator

    (2) The Regulator may make regulations

    • (a) respecting the information to be provided by applicants for licences and the procedure to be followed in applying for licences and in issuing licences; and

    • (b) prescribing units of measurement and measuring instruments or devices to be used in connection with the exportation or importation of oil or gas.

DIVISION 2Electricity

Prohibition

Marginal note:Export

 A person must not export electricity except in accordance with a permit issued under section 356 or a licence issued under section 361.

Issuance of Permits

Marginal note:Issuance

  •  (1) Except in the case of an application designated by order of the Governor in Council under section 360, the Commission must, on application to it and without holding a public hearing, issue a permit authorizing the exportation of electricity.

  • Marginal note:Information

    (2) The application must be accompanied by any information prescribed by regulation.

Marginal note:Publication

  •  (1) The applicant must cause a notice of the application to be published in the Canada Gazette and in any other publication that the Commission considers appropriate.

  • Marginal note:Waiver

    (2) The Commission may waive the requirement set out in subsection (1) if it considers that there is a critical shortage of electricity outside Canada caused by terrorist activity, as defined in subsection 83.01(1) of the Criminal Code.

Marginal note:Further information

 The Commission may, within a reasonable time after the publication of the notice, require the applicant to provide any additional information that the Commission considers necessary to determine whether to make a recommendation under section 359.

Marginal note:Delay of issuance

  •  (1) The Commission may make a recommendation to the Minister, which it must make public, that an application for exportation of electricity be designated by order of the Governor in Council under section 360 and may delay issuing a permit during any period that is necessary for the purpose of making such an order.

  • Marginal note:Criteria

    (2) In determining whether to make a recommendation, the Commission must seek to avoid the duplication of measures taken in respect of the exportation by the applicant and the government of the province from which the electricity is to be exported and must take into account

    • (a) the effect of the exportation of the electricity on provinces other than that from which the electricity is to be exported;

    • (b) whether the applicant has

      • (i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and

      • (ii) given an opportunity to buy electricity on conditions as favourable as the conditions specified in the application to those who, within a reasonable time after being so informed, demonstrate an intention to buy electricity for consumption in Canada; and

    • (c) any factors that are specified in the regulations.

Orders

Marginal note:Where licence required

  •  (1) The Governor in Council may make orders

    • (a) designating an application for exportation of electricity as an application in respect of which section 361 applies; and

    • (b) revoking any permit issued in respect of the exportation.

  • Marginal note:Time limit

    (2) No order may be made under subsection (1) more than 45 days after the day on which a permit is issued in respect of the application.

  • Marginal note:Effect of order

    (3) If an order is made under subsection (1),

    • (a) a permit must not be issued in respect of the application; and

    • (b) any application in respect of the exportation must be dealt with as an application for a licence.

 
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