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

Act current to 2022-09-22 and last amended on 2022-06-23. Previous Versions

PART 1Canadian Energy Regulator (continued)

Collaborative Processes and Ministerial Arrangements (continued)

Marginal note:Regulations

 The Governor in Council may make regulations respecting the Minister’s power to enter into arrangements under section 77, including regulations

  • (a) respecting how they are to be entered into;

  • (b) respecting the circumstances under which they may be entered into;

  • (c) respecting their contents; and

  • (d) varying or excluding any provision of this Act or a regulation made under it as that provision applies to the subject matter of the arrangement.

Marginal note:Inconsistencies

 In the event of an inconsistency between an arrangement referred to in section 76 and an arrangement referred to in section 77, the arrangement referred to in section 77 prevails to the extent of the inconsistency.

Advice

Marginal note:Study and review

 The Regulator must study and keep under review matters relating to

  • (a) the exploration for, and the production, recovery, manufacture, processing, transmission, transportation, distribution, sale, purchase, lease, exchange and alienation of energy and sources of energy in and outside Canada; and

  • (b) the safety and security of regulated facilities and abandoned facilities.

Marginal note:Reports and recommendations to Minister

 The Regulator may submit to the Minister reports on the matters referred to in section 80 from time to time and may recommend to the Minister any measures within Parliament’s jurisdiction that the Regulator considers to be necessary or in the public interest for

  • (a) the control, supervision, conservation, use, marketing and development of energy and sources of energy; and

  • (b) the safety and security of regulated facilities and abandoned facilities.

Marginal note:Recommendations on cooperative measures

 The Regulator may — with respect to energy matters, sources of energy and the safety and security of regulated facilities and abandoned facilities — recommend to the Minister any measures that the Regulator considers necessary or appropriate for cooperation with governmental or other agencies in or outside Canada.

Marginal note:Request of Minister

  •  (1) The Regulator must — with respect to energy matters, sources of energy and the safety and security of regulated facilities and abandoned facilities — provide to the Minister any advice that the Minister requests, including advice relating to the export pricing of oil and gas, and prepare any study or report that the Minister requests.

  • Marginal note:Prohibition on publication

    (2) The Regulator must not publish any advice, study or report referred to in subsection (1) without the Minister’s consent.

Marginal note:Other requests

 The Regulator may, on request, provide advice about energy matters, sources of energy and the safety and security of regulated facilities and abandoned facilities to

  • (a) ministers, officers and employees of any government department or ministry, whether federal, provincial or territorial; and

  • (b) members, officers and employees of any government agency, whether federal, provincial or territorial.

Marginal note:Powers — Inquiries Act

 For the purposes of sections 80 to 84, the Regulator has all the powers of commissioners under Part I of the Inquiries Act.

Marginal note:Use of government agencies

 In exercising its powers and performing its duties and functions under sections 80 to 84, the Regulator must, to the extent that it is possible to do so, utilize agencies of the Government of Canada to obtain technical, economic and statistical information and advice.

Cost Recovery

Marginal note:Regulations

  •  (1) The Regulator may, with the approval of the Treasury Board, make regulations

    • (a) providing for fees, levies or charges that are payable for the purpose of recovering all or a portion of any costs that the Regulator considers to be attributable to the carrying out of its mandate, including costs related to applications that are denied or withdrawn; and

    • (b) providing for the manner of calculating those fees, levies or charges and their payment to the Regulator.

  • Marginal note:Interest on late payments

    (2) A regulation made under subsection (1) may specify the rate of interest or the manner of calculating the rate of interest payable on any fee, levy or charge that is not paid on or before the date on which it is due and may specify the time from which interest is payable.

  • Marginal note:Debt due to Her Majesty

    (3) Fees, levies or charges imposed under this section and any interest payable on them constitute a debt to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

Marginal note:Service Fees Act

 The Service Fees Act does not apply to the fees, levies and charges referred to in section 87.

General

Marginal note:Definition of certified document

  •  (1) In this section, certified document means a document purporting to be certified by an employee of the Regulator who is authorized by the Chief Executive Officer to certify documents for the purposes of this section and sealed with the Regulator’s seal.

  • Marginal note:Proof of documents — true copies

    (2) In any action or proceedings, a certified document that states that it is a true copy of all or any part of another document — including a minute, decision, document of authorization, order, instruction, book of reference, book entry, plan or drawing — is, without proof of the signature or of the official character of the person appearing to have signed the certified document, evidence

    • (a) of the original document, or the part of it, that it purports to be a copy of;

    • (b) that the original document, or the part of it, was made, given or issued under the authority of or deposited with the person named in it and was made, given, issued or deposited at the time stated in the certified copy, if a time is stated in it; and

    • (c) that the original document, or the part of it, was signed, certified, attested or executed by the persons and in the manner shown in the certified copy.

  • Marginal note:Proof of documents — documents issued by Regulator

    (3) In any action or proceedings, a certified document that states that a valid and subsisting document has or has not been issued by the Regulator to a person named in the certified document is evidence of the facts stated in it without proof of the signature or official character of the person appearing to have signed the document and without further proof.

Marginal note:Compensation

  •  (1) Directors and commissioners are considered to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

  • Marginal note:For greater certainty

    (2) For greater certainty, the Chief Executive Officer and employees of the Regulator are employees for the purposes of the Government Employees Compensation Act and are employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

Marginal note:Public Service Superannuation Act

  •  (1) Full-time commissioners are considered to be persons employed in the public service for the purposes of the Public Service Superannuation Act.

  • Marginal note:For greater certainty

    (2) For greater certainty, directors and part-time commissioners are not persons employed in the public service for the purposes of the Public Service Superannuation Act.

  • Marginal note:For greater certainty

    (3) For greater certainty, the Chief Executive Officer and employees of the Regulator are persons employed in the public service for the purposes of the Public Service Superannuation Act.

Marginal note:Statutory Instruments Act

 An order made or a direction given by the Commission, a designated officer or an inspection officer under this Act is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act if

  • (a) the order or direction applies to a single person or entity;

  • (b) the order or direction applies with respect to a single regulated facility or abandoned facility; or

  • (c) the Commission, designated officer or inspection officer considers that the order or direction is required immediately for the safety or security of persons, regulated facilities or abandoned facilities or for the protection of property or the environment.

PART 2Safety, Security and Protection of Persons, Property and Environment

Definitions

Marginal note:Definitions

 The following definitions apply in this Part.

compensable damage

compensable damage means the costs, losses and damages for which the Tribunal may award compensation. (dommages indemnisables)

holder

holder means

  • (a) the holder of a certificate or permit issued under Part 3 or 4 in respect of a regulated facility;

  • (b) a person, company or other entity that is the subject of an order made under section 214 in respect of a pipeline;

  • (c) a person, company or other entity authorized to operate a pipeline under a Special Act;

  • (d) a company that has been granted leave under Part 3 to abandon a pipeline;

  • (e) a person, company or other entity that has been granted leave under Part 4 to abandon an international power line or interprovincial power line; or

  • (f) the holder of an authorization issued under Part 5 in respect of a work or activity. (titulaire)

Tribunal

Tribunal means a pipeline claims tribunal established under subsection 143(1). (Tribunal)

General Duty

Marginal note:Reasonable care

 The holder must take all reasonable care to ensure the safety and security of persons, the safety and security of regulated facilities and abandoned facilities and the protection of property and the environment.

Regulation of Construction, Operation and Abandonment

Marginal note:Orders

  •  (1) To promote the safety and security of the operation of a regulated facility, the Commission may, by order, direct the holder to repair, reconstruct or alter part of the regulated facility and direct that, until the work is done, that part of the regulated facility not be used or be used in accordance with any conditions specified by the Commission.

  • Marginal note:Other measures

    (2) The Commission may, by order, direct any of the following persons or bodies to take measures in respect of a regulated facility, an abandoned facility or any work or activity authorized under Part 5 that the Commission considers necessary for the safety and security of persons, the safety and security of the regulated facility or abandoned facility or the protection of property or the environment:

    • (a) an Indigenous governing body;

    • (b) the holder or any other person;

    • (c) the federal government or a federal Crown corporation;

    • (d) a provincial government or a provincial Crown corporation;

    • (e) a local authority.

  • Marginal note:Measures to be taken

    (3) If a person or body does not comply with an order under subsection (2) or an order under section 109 in relation to an abandoned facility or to the abandonment of a pipeline, an offshore power line or any facility, equipment or system that is related to an offshore renewable energy project, the Commission may

    • (a) take any action or measure the Commission considers necessary;

    • (b) authorize an officer or employee, or class of officers or employees, of the Regulator to take the action or measure; or

    • (c) authorize a third party to take the action or measure.

  • Marginal note:No liability

    (4) No action lies against the Regulator or an officer or employee of the Regulator or against a servant of the Crown, as those terms are defined in section 2 of the Crown Liability and Proceedings Act, in respect of any act or omission committed in taking an action or measure referred to in subsection (3).

  • Marginal note:Third party liability

    (5) A third party that is authorized under subsection (3) to take an action or measure is not liable in respect of any act or omission committed in good faith in taking the action or measure.

Marginal note:Regulations

 The Regulator may, with the approval of the Governor in Council, make regulations

  • (a) respecting the design, construction and operation of pipelines, international power lines and interprovincial power lines designated by an order made under section 261;

  • (b) respecting the abandonment of pipelines;

  • (c) respecting surveillance or monitoring measures that, in relation to the activities referred to in paragraphs (a) and (b), are for the safety and security of persons and for the protection of property and the environment;

  • (d) respecting abandoned facilities;

  • (e) requiring holders to have management systems in place and to comply with them; and

  • (f) providing for the elements to be included in those management systems — including human or organizational factors — and respecting any criteria to be met by those management systems.

Marginal note:Exemption orders

 The Commission may make orders exempting holders, on any conditions that the Commission considers appropriate, from any or all provisions of a regulation made under section 96 or 312, in order to, among other things, ensure the safety and security of persons, the safety and security of regulated facilities or abandoned facilities or the protection of property or the environment.

Marginal note:Regulations

 Without limiting the scope of the regulations that the Regulator may make under section 96, the Governor in Council may make regulations

  • (a) specifying requirements with respect to the monitoring of regulated facilities; and

  • (b) respecting the actions or measures to be taken in preparation for, or in the case of, an unintended or uncontrolled release of oil, gas or any other commodity from a pipeline.

Marginal note:Offence and punishment

  •  (1) Every person who contravenes an order made under subsection 95(1) or (2) or a regulation made under section 96 is guilty of an offence and liable

    • (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both; or

    • (b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or to both.

  • Marginal note:Application of subsections 379(2) to (6)

    (2) Subsections 379(2) to (6) apply, with any modifications that the circumstances require, to an offence referred to in subsection (1).

 
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