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

Marginal note:Impact Assessment Act

263 If an application under section 262 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 subsections 262(1), (2) and (4) — other than the actual issuance of the certificate as set out in subsection 262(10) — are to be exercised or performed by a review panel referred to in subsection 47(1) of that Act;

• (b) subsection 262(3) applies with respect to the review panel’s decision;

• (c) the decision referred to in subsection 262(4) is to be made within the time limit that is established under section 37.1 of that Act;

• (d) subsections 262(5) to (8) do not apply with respect to the application; and

• (e) subsection 262(11) applies with respect to the review panel.

Location and Construction under Federal Law

Marginal note:Application

264 Sections 265 and 266 apply in respect of

• (a) international power lines in respect of which an election is filed under section 259;

• (b) those parts of international power lines that are within a province in which no provincial regulatory agency is designated under section 250; and

• (c) interprovincial power lines in respect of which an order made under section 261 is in force.

Marginal note:Prohibition

265 A person must not begin the construction of a section or part of an international or interprovincial power line until

• (a) the plan, profile and book of reference of the section or part are approved by the Commission; and

• (b) 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 is to pass.

Marginal note:Application of certain provisions

• 266 (1) Sections 182 and 199 to 211 and Part 6, except sections 315 to 318, 335, 341 and 342, apply in respect of international and interprovincial power lines referred to in section 264 as if each reference in any of those provisions to

  • (a) a company were a reference to the applicant for or holder of the permit or certificate issued in respect of the power line;

  • (b) a pipeline were a reference to the international or interprovincial power line; and

  • (c) hydrocarbons or any other commodity were a reference to electricity.

• Marginal note:Application of section 211 — navigable waters

  (2) If a deviation is required to be made to a part of an international power line by the holder of a permit or certificate issued in respect of the power line and the deviation passes in, on, over, under, through or across a navigable water, section 211 also applies to that part as if each reference in that section to

  • (a) a company were a reference to the holder of the permit or certificate; and

  • (b) a pipeline were a reference to the international power line.

• Marginal note:Application of subsection 224(1)

  (3) Subsection 224(1) applies in respect of an international or interprovincial power line referred to in section 264 as if the reference to “any of the circumstances referred to in subsection (2)” were a reference to any of the following circumstances:

  • (a) leave has been obtained under subsection 272(2) or (5) in respect of the power line;

  • (b) the permit referred to in section 248, or the certificate, issued in respect of the power line contains a condition relating to the utility referred to in subsection 224(1);

  • (c) the power line has been constructed in circumstances specified in an order or regulation made under subsection 272(4);

  • (d) a permit referred to in section 248, or a certificate, has been issued in respect of the power line and the power line passes in, on, over, under, through or across a navigable water; and

  • (e) leave had been obtained under section 108 of the National Energy Board Act in respect of the power line at any time before July 3, 2013.

• Marginal note:Exception

  (4) A reference to an abandoned pipeline in the provisions referred to in this section is not a reference to an abandoned international or interprovincial power line.

Navigable Waters

Marginal note:Construction or operation

267 A person must not construct or operate an international power line, or an interprovincial power line in respect of which an order made under section 261 is in force, that passes in, on, over, under, through or across a navigable water unless a permit referred to in section 248 or a certificate has been issued in respect of the power line.

Marginal note:Effects on navigation

268 In addition to any other factor that it considers appropriate, the Commission must take into account the effects that its decision might have on navigation, including safety of navigation, when deciding whether to issue a certificate or permit, make an order, give a direction or grant a leave, approval or exemption in respect of an international power line, or an interprovincial power line in respect of which an order made under section 261 is in force, that passes in, on, over, under, through or across a navigable water.

Marginal note:Power lines not works

269 Despite the definition work in section 2 of the Canadian Navigable Waters Act, an international power line, or an interprovincial power line in respect of which an order made under section 261 is in force, is not a work to which that Act applies.

Marginal note:Regulations

270 The Governor in Council may, for purposes related to navigation, on the joint recommendation of the Minister and the Minister of Transport, make regulations respecting sections or parts of international power lines, or of interprovincial power lines in respect of which orders made under section 261 are in force, that pass in, on, over, under, through or across a navigable water, including regulations respecting

• (a) their design, construction or operation;

• (b) the making of deviations to them;

• (c) their relocation;

• (d) the safety and security of their operation; and

• (e) the abandonment of their operation.

Facilities, Ground Disturbances and Relocation

Marginal note:Application

• 271 (1) Sections 272 to 274 apply in respect of

  • (a) international power lines in respect of which an election is filed under section 259;

  • (b) those parts of international power lines that are within a province in which no provincial regulatory agency is designated under section 250;

  • (c) international power lines if the facility in question is within the legislative authority of Parliament; and

  • (d) interprovincial power lines in respect of which an order made under section 261 is in force.

• Marginal note:Application of section 273 — navigable waters

  (2) Section 273 also applies in respect of the part of an international power line for which a permit or certificate is in force and that passes in, on, over, under, through or across a navigable water.

• Marginal note:Application of section 274 — navigable waters

  (3) Section 274 also applies in respect of an international power line for which a permit or certificate is in force if the Commission is of the opinion that the relocation of the power line in, on, over, under, through or across a navigable water is necessary to facilitate the construction, reconstruction or relocation of a facility.

Marginal note:Construction — facility

• 272 (1) A person must not construct an international or interprovincial power line that passes on, over, along or under a facility unless a permit referred to in section 248, or a certificate, has been issued in respect of the power line and

  • (a) the permit or certificate contains a condition relating to that facility;

  • (b) the person has been granted leave under subsection (2); or

  • (c) the person is constructing the power line in circumstances specified in an order or regulation made under subsection (4).

• Marginal note:Authority to grant leave

  (2) On application, the Commission may, by order, grant a person leave to construct an international or interprovincial power line that passes on, over, along or under a facility. It may require from the applicant any plans, profiles and other information that it considers necessary to consider the application.

• Marginal note:Conditions

  (3) The leave may be granted in whole or in part and be subject to conditions.

• Marginal note:Circumstances

  (4) The Regulator may specify circumstances for the purposes of paragraph (1)(c) by regulation, and the Commission may do so by order.

• Marginal note:Leave in emergency cases

  (5) The Commission may grant leave under subsection (2) after construction of the work has commenced if it is satisfied that the work was urgently required and, before the commencement of construction, it was notified of the person’s intention to proceed with the work.

Marginal note:Prohibition — construction or ground disturbance

• 273 (1) It is prohibited for any person to construct a facility across, on, along or under an international or interprovincial power line or engage in an activity that causes a ground disturbance within the prescribed area unless the construction or activity is authorized by the orders or regulations made under section 275 and done in accordance with them.

• Marginal note:Prohibition — vehicles and mobile equipment

  (2) It is prohibited for any person to operate a vehicle or mobile equipment across an international or interprovincial power line unless

  • (a) that operation is authorized by orders or regulations made under section 275 and done in accordance with them; or

  • (b) the vehicle or mobile equipment is operated within the travelled portion of a highway or public road.

• Marginal note:Order

  (3) The Commission may, by order, direct the owner of a facility constructed across, on, along or under an international or interprovincial power line in contravention of this Act, the Commission’s orders or the regulations to do anything that the Commission considers necessary for the safety or security of the line and, if the Commission considers that the facility may impair the safety or security of the operation of the line, direct the owner to reconstruct, alter or remove the facility.

Marginal note:Relocation

• 274 (1) On the conditions that it considers appropriate, the Commission may, by order, direct the holder of a permit or certificate issued in respect of an international or interprovincial power line to relocate a section or part of the power line if the Commission is of the opinion that the relocation is necessary to facilitate the construction, reconstruction or relocation of a facility.

• Marginal note:Costs of relocation

  (2) The Commission may, by order, direct by whom and to whom the costs of the relocation are to be paid.

• Marginal note:Procedures

  (3) The Commission must not make an order under subsection (1) unless the procedures set out in sections 201 to 205 have been complied with in respect of the section or part to be relocated.

• Marginal note:Procedures

  (4) The Commission may, by order, direct the holder of a permit or certificate issued in respect of an international or interprovincial power line to carry out any of the procedures set out in sections 201 to 205 that the holder would be required to carry out if the holder had submitted to the Regulator a plan, profile and book of reference under subsection 199(1).

• Marginal note:Application of certain provisions

  (5) Sections 201 to 205 apply in respect of any matter related to the carrying out of the procedures set out in those sections as if each reference in those sections to

  • (a) a company were a reference to the holder of the permit or certificate issued in respect of the international or interprovincial power line; and

  • (b) a pipeline were a reference to the international or interprovincial power line.

• Marginal note:Costs of representations to Commission

  (6) The Commission may, by order,

  • (a) fix an amount that it considers reasonable in respect of the interim or final costs incurred by any person who made or will make representations to the Commission under this section; and

  • (b) direct by whom and to whom the amount is to be paid.

Marginal note:Orders

• 275 (1) The Commission may, by order, give directions

  • (a) governing the design, construction, operation and abandonment of facilities constructed across, on, along or under an international or interprovincial power line;

  • (b) prescribing the area for the purposes of subsection 273(1);

  • (c) authorizing the construction of facilities across, on, along or under an international or interprovincial power line;

  • (d) authorizing ground disturbances within the prescribed area;

  • (e) governing the measures to be taken in relation to

    • (i) the construction of facilities across, on, along or under an international or interprovincial power line,

    • (ii) the construction of an international or interprovincial power line across, on, along or under facilities, other than railways, and

    • (iii) ground disturbances within the prescribed area;

  • (f) authorizing the operation of vehicles or mobile equipment across an international or interprovincial power line and governing the measures to be taken in relation to that operation;

  • (g) governing the apportionment of costs directly incurred as a result of a construction or disturbance authorized under this subsection;

  • (h) specifying activities for the purposes of paragraph (a) of the definition ground disturbance in section 2 in respect of international or interprovincial power lines; and

  • (i) authorizing a holder of a permit or certificate to give an authorization referred to in paragraph (c), (d) or (f) on any conditions that the holder considers appropriate.

• Marginal note:Regulations

  (2) The Regulator may make regulations respecting any matter referred to in paragraphs (1)(a) to (f) and (h).

• Marginal note:Regulations

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

  • (a) governing the apportionment of costs directly incurred as a result of a construction or disturbance authorized under this section; and

  • (b) authorizing a holder of a certificate or permit issued under this Part to give an authorization referred to in paragraph (1)(c), (d) or (f) on any conditions that the holder considers appropriate.

Marginal note:Temporary prohibition — ground disturbances

• 276 (1) Orders made under subsection 275(1) and regulations made under subsection 275(2) may provide for the prohibition of ground disturbances in an area that is situated in the vicinity of an international or interprovincial power line and that may extend beyond the prescribed area during the period that starts when a request to locate the line is made to the holder of the permit or certificate issued in respect of the line and ends

  • (a) at the end of the third working day after the day on which the request is made; or

  • (b) at any later time that is agreed to between the holder and the person making the request.

• Marginal note:Exemptions

  (2) The Commission may, by order made on any conditions that the Commission considers appropriate, exempt any person from the application of an order or regulation made under section 275.