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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 3Pipelines (continued)

Certificates (continued)

Marginal note:Impact Assessment Act

 If the application for a certificate relates to a designated project, as defined in section 2 of the Impact Assessment Act, that is subject to an impact assessment under that Act,

  • (a) the Commission’s powers, duties and functions under section 182, subsections 183(1) and (2) and section 184 are to be exercised and performed by a review panel established under subsection 47(1) of that Act;

  • (b) in subsections 183(1) and 184(5), a reference to the Minister is to be read as a reference to the Minister and the Minister of the Environment;

  • (c) the report referred to in subsection 183(1) is to be submitted within the time limit established under section 37.1 of that Act;

  • (d) subsections 183(3) to (10) do not apply; and

  • (e) subsection 189(1) applies with respect to the review panel.

Marginal note:Decision by Governor in Council

  •  (1) After a report has been submitted under section 183 or 184, the Governor in Council must,

    • (a) in the case of a recommendation that a certificate be issued,

      • (i) refer the recommendation, or any of the conditions, set out in the report back for reconsideration under subsection 184(1) or (9), as the case may be,

      • (ii) direct the Commission, by order, to issue a certificate in respect of the pipeline or any part of it and to make the certificate subject to the conditions set out in the report, or

      • (iii) direct the Commission, by order, to dismiss the application for a certificate; or

    • (b) in the case of a recommendation that a certificate not be issued,

      • (i) refer the recommendation, or any of the conditions, set out in the report back for reconsideration under subsection 184(1) or (9), as the case may be, or

      • (ii) direct the Commission, by order, to dismiss the application for a certificate.

  • Marginal note:Reasons

    (2) An order made under subsection (1) must set out the reasons for making the order. The reasons must demonstrate that the Governor in Council took into account all the considerations referred to in subsection 183(2) that appeared to the Governor in Council to be relevant and directly related to the pipeline.

  • Marginal note:Time limit

    (3) An order made under subsection (1) must be made within 90 days after the day on which the report under section 183 is submitted or, in the case of a designated project, as defined in section 2 of the Impact Assessment Act, 90 days after the day on which the recommendations referred to in paragraph 37.1(1)(b) of that Act are posted on the Internet site referred to in section 105 of that Act. The Governor in Council may, on the recommendation of the Minister, by order, grant one or more extensions of the time limit. If the Governor in Council makes an order under subsection 184(1) or (9), the period that is taken to complete the reconsideration and to submit the report is to be excluded from the calculation of the time limit.

  • Marginal note:Order is final and conclusive

    (4) Every order made under subsection (1) or (3) is final and conclusive.

  • Marginal note:Obligation of Commission

    (5) The Commission must comply with an order made under subsection (1) within seven days after the day on which it is made.

  • Marginal note:Publication

    (6) An order made under subsection (1) must be published in the Canada Gazette within 15 days after the day on which it is made.

Marginal note:Compliance

 Every certificate is subject to the condition that the provisions of this Act and of the regulations, as well as every order made under the authority of this Act, must be complied with.

Marginal note:Application for judicial review

  •  (1) Judicial review by the Federal Court of Appeal with respect to any order made under subsection 186(1) is commenced by making an application for leave to that Court.

  • Marginal note:Application

    (2) The following rules govern an application under subsection (1):

    • (a) the application must be filed in the Registry of the Federal Court of Appeal within 15 days after the day on which the order is published in the Canada Gazette;

    • (b) a judge of that Court may, for special reasons, allow an extended time for filing and serving the application or notice; and

    • (c) a judge of that Court must dispose of the application without delay and in a summary way and, unless a judge of that Court directs otherwise, without personal appearance.

Marginal note:Continuation of jurisdiction and obligation

  •  (1) A failure by the Commission to comply with subsection 183(1) or 184(5) within the required time limit does not affect its jurisdiction to deal with the application or its obligation to submit the report, and anything done by it in relation to the application remains valid.

  • Marginal note:Governor in Council’s powers

    (2) Despite subsection 186(3), the Governor in Council may make an order under subsection 186(1) after the expiry of the time limit for doing so.

Marginal note:Variation or transfer of certificates

  •  (1) The Commission may, on application or on its own initiative, vary a certificate issued under this Part and may, on application, transfer a certificate issued under this Part. However, the Minister may, if he or she considers that it is in the public interest to do so, direct the Commission to make a recommendation to the Governor in Council with respect to the variation or transfer instead.

  • Marginal note:Recommendations

    (2) A recommendation that a certificate be varied or transferred must set out any conditions that the Commission would impose under subsection (3) if the Commission were to vary or transfer the certificate.

  • Marginal note:Conditions

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

Marginal note:Recommendation to vary or transfer

 If the Commission recommends to the Governor in Council that a certificate be varied or transferred, the Governor in Council may, by order, direct the Commission

  • (a) to vary or transfer the certificate as recommended;

  • (b) not to vary or transfer the certificate; or

  • (c) to reconsider the matter.

Marginal note:Recommendation not to vary or transfer

 If the Commission recommends to the Governor in Council that a certificate not be varied or transferred, the Governor in Council may, by order, direct the Commission not to vary or transfer the certificate or to reconsider the matter.

Marginal note:Order to reconsider

  •  (1) In an order directing a reconsideration, the Governor in Council may specify factors that the Commission is to take into account in the reconsideration and may require the Commission to complete the reconsideration within a specified time limit.

  • Marginal note:Changes to recommendation

    (2) If the Commission makes any changes to a recommendation as a result of a reconsideration, the Commission must provide a report to the Governor in Council that summarizes the changes.

Marginal note:Publication of order

 An order under section 191 or 192 must be published in the Canada Gazette within 15 days after the day on which it is made.

Marginal note:Suspension of certificates

  •  (1) The Commission may, by order, suspend a certificate issued under this Part if the holder applies for or consents to the suspension or the holder has contravened a condition of the certificate.

  • Marginal note:Notice

    (2) The Commission must not make an order under subsection (1) for a contravention unless the Commission provides the holder with notice of the alleged contravention and gives them an opportunity to be heard.

Marginal note:Revocation of certificates — application or consent

 The Commission may, by order, revoke a certificate issued under this Part on application by or with the consent of the holder.

Marginal note:Revocation of certificates — contravention

  •  (1) The Commission may, by order, with the approval of the Governor in Council, revoke a certificate issued under this Part if the holder has contravened a condition of the certificate.

  • Marginal note:Notice

    (2) The Commission must not make an order under subsection (1) unless the Commission provides the holder with notice of the alleged contravention and gives them an opportunity to be heard.

Location of Pipelines

Marginal note:Approval

 Except as otherwise provided in this Act, a company must not begin the construction of a section or part of a pipeline unless

  • (a) the Commission has issued a certificate in respect of the pipeline;

  • (b) the company has complied with all applicable conditions to which the certificate is subject;

  • (c) the plan, profile and book of reference of the section or part of the pipeline have been approved by the Commission; and

  • (d) copies, certified by the Regulator, of the approved plan, profile and book of reference have been deposited in the land registry office or other office where title to land is recorded for the area through which the section or part of the pipeline is to pass.

Marginal note:Plan, profile and book of reference

  •  (1) The company must submit the plan, profile and book of reference referred to in paragraph 198(c) to the Regulator.

  • Marginal note:Details

    (2) The plan and profile must include any details that the Commission may require.

  • Marginal note:Description of lands

    (3) The book of reference must describe the portion of land proposed to be taken in each parcel of land to be traversed, giving the numbers of the parcels, and the area, length and width of the portion of each parcel to be taken, and the names of the owners and occupiers insofar as they can be ascertained.

  • Marginal note:Additional information

    (4) The plan, profile and book of reference must be prepared to the satisfaction of the Commission, and the Commission may require the company to provide any additional information that the Commission considers necessary.

Marginal note:Additional material to be deposited

 In addition to the plans, profiles and books of reference, a company must, as soon as feasible, deposit with the Regulator any additional material, including plans, specifications and drawings with respect to any part of its pipeline, as the Commission may require.

Determination of Detailed Route and Approval

Marginal note:Notice to owners

  •  (1) If a company has submitted to the Regulator a plan, profile and book of reference under subsection 199(1), the company must, in the form and manner specified by the Commission,

    • (a) serve a notice on all owners of lands proposed to be acquired, leased, taken or used, insofar as they can be ascertained; and

    • (b) publish a notice in at least one issue of a publication, if any, in general circulation within the area in which the lands are situated.

  • Marginal note:Contents of notices

    (2) The notices mentioned in subsection (1) must describe the proposed detailed route of the pipeline, the location of the head office of the Regulator and the right of the owner and of persons referred to in subsection (4) to make, within the period referred to in subsection (3) or (4), as the case may be, representations to the Commission respecting the detailed route of the pipeline.

  • Marginal note:Publication by Regulator

    (2.1) The Regulator must publish on its website any notice that is published under paragraph (1)(b).

  • Marginal note:Opposition — owner

    (3) If an owner of lands who has been served with a notice under subsection (1) wishes to oppose the proposed detailed route of a pipeline, the owner may, within 30 days after the day on which the notice is served, file with the Regulator a written statement setting out the nature of their interest and the grounds for their opposition to that route.

  • Marginal note:Opposition — other persons

    (4) A person who anticipates that their lands may be adversely affected by the proposed detailed route of a pipeline, other than an owner of lands referred to in subsection (3), may oppose the proposed detailed route by filing with the Regulator, within 30 days after the day on which the last notice referred to in subsection (1) is published, a written statement setting out the nature of their interest and the grounds for their opposition to that route.

Marginal note:Public hearing

  •  (1) If a written statement is filed with the Regulator under subsection 201(3) or (4) within the period set out in that subsection, the Commission must order that a public hearing be held.

  • Marginal note:Region

    (2) The Commission must select a region in which to hold the hearing that it considers convenient for persons who filed a written statement under subsection 201(3) or (4) and must provide reasons for its selection, including the factors that it took into account.

  • Marginal note:Notice of public hearing

    (3) The Commission must fix a suitable time and place for the hearing and cause notice of the time and place to be given by publishing it in at least one issue of a publication, if any, in general circulation within the area in which the lands are situated and by sending it to each person who filed a written statement under subsection 201(3) or (4).

  • Marginal note:Opportunity to be heard

    (4) At the time and place fixed for the hearing, the Commission must hold a hearing and must permit each person who filed a written statement under subsection 201(3) or (4) to make representations and may, if the Commission considers it appropriate to do so, allow any other interested person to make representations before it.

  • Marginal note:Inspection of lands

    (5) The Commission or a person authorized by it may inspect the lands that are proposed to be acquired, leased, taken or used for, or that are affected by, the pipeline construction as the Commission considers necessary.

  • Marginal note:Commission may disregard written statements

    (6) The Commission may at any time disregard a written statement filed under subsection 201(3) or (4) and is not required to take any action under this section with respect to that statement, if

    • (a) the person who filed the statement files a notice of withdrawal with the Regulator; or

    • (b) the Commission considers that the statement is frivolous or vexatious or is not made in good faith.

Marginal note:Matters to be taken into account

  •  (1) Subject to subsections (2) and 202(6), the Commission must not approve a plan, profile and book of reference unless it has taken into account, in order to determine the best possible detailed route of the pipeline and the most appropriate methods and timing of its construction,

    • (a) all written statements filed under subsection 201(3) or (4); and

    • (b) all representations made to the Commission at a public hearing.

  • Marginal note:Exception

    (2) The Commission may approve a plan, profile and book of reference in respect of any section or part of a pipeline if no written statement under subsection 201(3) or (4) has been filed in respect of that section or part.

 
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