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

Marginal note:Order to reconsider

• 184 (1) After the Commission has submitted its report under section 183, the Governor in Council may, by order, refer the recommendation, or any of the conditions, set out in the report back to the Commission for reconsideration.

• Marginal note:Factors and time limit

  (2) The order may direct the Commission to conduct the reconsideration taking into account any factor specified in the order and it may specify a time limit within which the Commission must complete its reconsideration.

• Marginal note:Order binding

  (3) The order is binding on the Commission.

• Marginal note:Publication

  (4) The order must be published in the Canada Gazette within 15 days after the day on which it is made.

• Marginal note:Obligation of Commission

  (5) The Commission must, within the time limit specified in the order, if one was specified,

  • (a) reconsider its recommendation or any condition referred back to it, as the case may be;

  • (b) prepare and submit to the Minister a report on its reconsideration; and

  • (c) make the report public.

• Marginal note:Contents of report

  (6) In the reconsideration report, the Commission must

  • (a) if its recommendation was referred back, either confirm the recommendation or set out a different recommendation; and

  • (b) if a condition was referred back, confirm the condition, state that it no longer supports it or replace it with another one.

• Marginal note:Conditions

  (7) Regardless of what the Commission sets out in the reconsideration report, the Commission must set out in the report all the conditions, that it considers necessary or in the public interest, to which the certificate would be subject if the Governor in Council were to direct that the certificate be issued.

• Marginal note:Report is final and conclusive

  (8) Subject to subsection (9) and section 186, the Commission’s reconsideration report is final and conclusive.

• Marginal note:Reconsideration of report submitted under subsection (5)

  (9) After the Commission has submitted its report under subsection (5), the Governor in Council may, by order, refer the Commission’s recommendation, or any of the conditions, set out in the report back to the Commission for reconsideration. If it does so, subsections (2) to (8) apply.

Marginal note:Impact Assessment Act

185 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

• 186 (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

187 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

• 188 (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

• 189 (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

• 190 (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

191 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

192 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

• 193 (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

194 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

• 195 (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

196 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

• 197 (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

198 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.