Transitional Regulations for the Purpose of the National Energy Board Cost Recovery Regulations (SOR/2019-300)

Marginal note:NEB Regulations — as of commencement day

• 2 (1) On and after commencement day, the Regulator is to apply the NEB Regulations as if it were the National Energy Board and, in particular, is to

  • (a) continue and complete any calculation of cost recovery charges, including the determination of costs for the purpose of that calculation or the determination of any other related matter, that had been commenced by the National Energy Board; and

  • (b) begin and complete any calculation of cost recovery charges, including the determination of costs for the purpose of that calculation or the determination of any other related matter, that is required to be done under those Regulations and that had not been commenced by the National Energy Board.

• Marginal note:Interpretation of NEB Regulations

  (2) For the purpose of subsection (1), the NEB Regulations are to be read with any modifications that the circumstances require, including that

  • (a) a reference to the National Energy Board is to be read as a reference to the Regulator, if the context of the reference relates to a period on or after commencement day; and

  • (b) a reference to a cost or a forecast for the purpose of the calculation of cost recovery charges, including the determination of costs for the purpose of that calculation or the determination of any other related matter, is to be read, if the context requires, to be

    • (i) a cost or a forecast that the National Energy Board determined, for any relevant period that ends before commencement day, to be attributable to its responsibilities under the National Energy Board Act or any other Act of Parliament or that the Regulator determines, as if it were the National Energy Board, to be attributable to those responsibilities, and

    • (ii) a cost or a forecast that the Regulator determines, for any relevant period that begins on or after commencement day, to be attributable to the carrying out of the Regulator’s mandate under the Canadian Energy Regulator Act, including costs related to applications that are denied or withdrawn, as if the cost or forecast were determined by the National Energy Board to be attributable to the Board’s responsibilities under the National Energy Board Act or any other Act of Parliament.