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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 6Lands (continued)

Right of Entry (continued)

Marginal note:Advance of compensation

 If a company has been granted an immediate right to enter lands under subsection 324(1), the owner of the lands is entitled to receive from the company an amount as an advance of the compensation referred to in subsection 327(1).

Marginal note:Vesting

  •  (1) An order under subsection 324(1) that grants a company an immediate right to enter lands is deemed to have vested in the company any title, interest or right in the lands that is specified in the order.

  • Marginal note:Registration, recording or filing

    (2) Within 30 business days after the day on which the order is made, the company must register or deposit the order with the appropriate land registrar and notify the Regulator and the owner of the lands of its deposit.

Determination of Compensation

Marginal note:Determinations regarding compensation

  •  (1) If a company and an owner of lands have not agreed on any matter relating to the compensation payable under this Part, the Commission, on application by a company or any owner, must, by order, determine that matter.

  • Marginal note:Factors to consider

    (2) In determining any matter under subsection (1) for the acquisition or lease of lands, the Commission must consider the following factors:

    • (a) the market value of the lands taken by the company;

    • (b) if periodic payments are being made under an agreement or an order of the Commission, changes in the market value referred to in paragraph (a) since the agreement or order of the Commission or since the last review and adjustment of those payments, as the case may be;

    • (c) the loss of use to the owner of the lands taken by the company or whose use is otherwise restricted by the operation of section 335;

    • (d) the adverse effect of the taking of the lands by the company on the remaining lands of an owner, including by restricting their use by the operation of section 335;

    • (e) the nuisance, inconvenience and noise that may reasonably be expected to be caused by or arise from or in connection with the operations of the company;

    • (f) the damage to lands in the area of the lands taken by the company that might reasonably be expected to be caused by the operations of the company;

    • (g) loss of or damage to livestock or other personal property or movable affected by the operations of the company;

    • (h) any special difficulties in relocation of an owner or their property;

    • (i) any other factors that the Commission considers appropriate in the circumstances; and

    • (j) other prescribed factors that are prescribed under paragraph 333(e).

  • Marginal note:Definition of market value

    (3) For the purpose of paragraph (2)(a), market value is the amount that would have been paid for the lands if, at the time of their taking, they had been sold in the open market by a willing seller to a willing buyer.

Marginal note:Settlement land or Tetlit Gwich’in Yukon land

 If the Commission determines a compensation matter involving land referred to in section 318, sections 3, 26 to 31, 36, 54 to 58, 63, 67 and 72 of the Yukon Surface Rights Board Act apply to the Commission as if it were the Yukon Surface Rights Board.

Marginal note:Form of compensation payment if land taken

  •  (1) If the Commission makes an award of compensation in favour of a person whose lands are taken by a company, the Commission must, by order, direct, at the option of that person, that the compensation or any part of it be made by one lump sum payment or by periodic payments of equal or different amounts over a specified period of time.

  • Marginal note:Other awards

    (2) If the Commission makes an award of compensation in favour of any person other than a person referred to in subsection (1), the Commission may, by order, direct, at the request of that person, that the compensation or any part of it be made by periodic payments of equal or different amounts over a specified period of time and that there be a periodic review of the compensation or part of the compensation.

  • Marginal note:Terms to be included in award

    (3) Every award of compensation made by the Commission in respect of lands acquired or leased by a company must include provision for those matters referred to in paragraphs 321(2)(b) to (h) that would be required to be included in a land acquisition or lease agreement referred to in section 321.

  • Marginal note:Interest may be payable

    (4) The Commission may, by order, direct a company to pay interest on the amount of any compensation awarded by the Commission at the lowest rate of interest quoted by banks to the most credit-worthy borrowers for prime business loans, as determined and published by the Bank of Canada for the month in which, as the case may be,

    • (a) the company entered the lands in respect of which the compensation is awarded; or

    • (b) the damages suffered as a result of the operations of the company first occurred.

  • Marginal note:Period during which interest payable

    (5) Interest may be awarded under subsection (4) from the date the event referred to in paragraph (4)(a) or (b), as the case may be, occurred or from any later date that the Commission may specify in its award.

Marginal note:Costs

  •  (1) If the amount of compensation awarded to a person by the Commission exceeds 85% of the amount of compensation offered by the company, the company must pay all legal, appraisal and other costs determined by the Commission to have been reasonably incurred by that person in asserting that person’s claim for compensation.

  • Marginal note:Costs

    (2) If the amount of compensation awarded to a person by the Commission does not exceed 85% of the amount of compensation offered by the company, the legal, appraisal and other costs incurred by that person in asserting their claim for compensation are at the discretion of the Commission, and the Commission may, by order, direct the company or any other party to the proceedings to pay the whole or any part of those costs.

Marginal note:Decisions

 The Commission must, within seven days after it makes a decision on an application, ensure that a copy of the decision is forwarded by mail to the company and to each other party to the proceeding.

Marginal note:Agreements supersede Commission decisions

 If, at any time after a decision of the Commission has been made in respect of lands acquired or leased by a company, the parties affected enter into a land acquisition or lease agreement referred to in subsection 321(1), the agreement supersedes the decision of the Commission.

Regulations and Orders Respecting Acquisition, Lease or Taking of Lands and Compensation Matters

Marginal note:Regulations

 The Regulator may, with the approval of the Governor in Council, make regulations respecting the acquisition, lease or taking of lands and compensation matters, including regulations

  • (a) prescribing compensation matters related to the operation of section 335;

  • (b) respecting the form and manner in which a notice is served for the purpose of section 201 and subsection 322(1);

  • (c) respecting the procedures for the acquisition, lease or taking of lands for the purpose of subsection 321(1);

  • (d) prescribing additional terms to be added to those that must be included in a land acquisition or lease agreement under paragraphs 321(2)(a) to (g);

  • (e) prescribing additional factors to be added to those that the Commission must consider under paragraphs 327(2)(a) to (i);

  • (f) governing the procedures for the Commission to make orders under section 334;

  • (g) respecting the receipt and holding by the Regulator of copies of any agreements referred to in subsection 321(1) that are submitted voluntarily by a company and owner of the lands in question;

  • (h) prescribing any matter or thing that by this Part is to be or may be prescribed; and

  • (i) generally to carry out the purposes and provisions of this Part.

Marginal note:Orders of Commission

  •  (1) On application, the Commission may, by order, give directions, including to determine any compensation payable under this Part, with respect to pipelines and abandoned pipelines in relation to

    • (a) the acquisition, lease or taking of lands;

    • (b) lands whose use is restricted by the operation of section 335, whether or not the lands were acquired, leased or taken; and

    • (c) damages caused by the activities of the company to any person, provincial government, local authority and government or Indigenous governing body during their planning, construction, operation or abandonment.

  • Marginal note:Factors to consider

    (2) In determinating any compensation matter under paragraph (1)(a), the Commission must consider the factors referred to in paragraphs 327(2)(a) to (j).

Damage Prevention

Marginal note:Prohibition — construction or ground disturbance

  •  (1) It is prohibited for any person to construct a facility across, on, along or under a pipeline or engage in an activity that causes a ground disturbance within the prescribed area unless the construction or activity is authorized or required by the orders made under subsection (3) or (4) or regulations made under subsections (5) or (6) 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 a pipeline unless

    • (a) that operation is authorized or required by orders made under subsection (3) or (4) or regulations made under subsections (5) or (6) and done in accordance with them; or

    • (b) the vehicle or 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 a pipeline in contravention of this Act or the Commission’s orders or regulations to do any things that the Commission considers necessary for the safety or security of the pipeline and, if the Commission considers that the facility may impair the safety or security of the operation of the pipeline, direct the owner to reconstruct, alter or remove the facility.

  • Marginal note:Order

    (4) The Commission may, by order, give directions

    • (a) governing the design, construction, operation and abandonment of facilities constructed across, on, along or under pipelines;

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

    • (c) authorizing the construction of facilities across, on, along or under pipelines;

    • (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 pipelines,

      • (ii) the construction of pipelines 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 a pipeline and governing the measures to be taken in relation to that operation;

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

    • (h) specifying activities for the purposes of paragraph (a) of the definition ground disturbance in section 2 in respect of pipelines; and

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

  • Marginal note:Regulations

    (5) The Regulator may make regulations respecting any matter referred to in paragraphs (4)(a) to (f) and (h).

  • Marginal note:Regulations

    (6) 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 the construction or disturbance authorized under this section; and

    • (b) authorizing a company to give the authorization referred to in paragraph (4)(c), (d) or (f), subject to any conditions that the company considers appropriate.

  • Marginal note:Temporary prohibition on ground disturbances

    (7) Orders made under subsection (4) and regulations made under subsection (5) may provide for the prohibition of ground disturbances in an area that is situated in the vicinity of a pipeline and that may extend beyond the prescribed area during the period that starts when a request is made to a pipeline company to locate its pipeline 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 pipeline company and the person making the request.

  • Marginal note:Exemptions

    (8) The Commission may, by order made subject to any conditions that the Commission considers appropriate, exempt any person from the application of an order made under subsection (4) or a regulation made under subsection (5) or (6).

  • Marginal note:Offence and punishment

    (9) Every person who contravenes subsection (1) or (2), an order made under subsection (3) or (4) or a regulation made under subsection (5) or (6) 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)

    (10) Subsections 379(2) to (6) apply, with any modifications that the circumstances require, to an offence under subsection (9).

Mines and Minerals

Marginal note:Protection of mines

 A company must not, without a designated officer having, by order, authorized it to do so, locate the line of its proposed pipeline, or construct the pipeline or any portion of the pipeline, so as to obstruct or interfere with or injuriously affect the working of or the access or adit to a mine then open, or for the opening of which preparations are, at the time of the location, being lawfully and openly made.

Marginal note:Right to minerals

 A company is not, unless they have been expressly purchased, entitled to mines, ores, metals, coal, slate, oil, gas or other minerals in or under lands purchased by it, or taken by it under compulsory powers given to it by this Act, except only the parts of them that are necessary to be dug, carried away or used in the construction of the works, and, except as provided in this section, all those mines and minerals are deemed to be excepted from the transfer of the lands, unless they have been expressly included in the transfer documents.

Marginal note:Protection of pipeline from mining operations

  •  (1) A person must not work or prospect for mines or minerals lying under a pipeline or any of the works connected with the pipeline, or within 40 m of the pipeline, without a designated officer having, by order, authorized it to do so.

  • Marginal note:Use of oil and gas

    (2) Despite subsection (1), an order from a designated officer is not required in the case of a well taking oil or gas from lands lying under a pipeline or any of the works connected with the pipeline if the well is not drilled within 40 m of the pipeline.

  • Marginal note:Application for order

    (3) On an application for an order under subsection (1), the applicant must submit a plan and profile of the portion of the pipeline to be affected, giving all reasonable and necessary information respecting the proposed operations.

  • Marginal note:Conditions of order

    (4) The designated officer may grant the application referred to in subsection (3), subject to any conditions for the protection, safety or security of persons that the designated officer considers appropriate, and may, by order, direct that any things be done that under the circumstances the designated officer considers to be best adapted to remove or diminish the danger arising or likely to arise from the proposed operations.

 
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