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

Marginal note:Conflict of Interest Act

22 For the purposes of the Conflict of Interest Act, the circumstances in which the Chief Executive Officer is in a conflict of interest while exercising the powers or performing the duties and functions of the Chief Executive Officer include

• (a) engaging in, as owner, shareholder, director, officer, partner or in any other way, the business of producing, selling, buying, transmitting, exporting, importing or otherwise dealing in hydrocarbons, electricity or offshore energy;

• (b) holding any bond, debenture or other security of a corporation engaged in any such business;

• (c) holding other employment that is inconsistent with the Chief Executive Officer’s powers, duties and functions or with any provision of this Act or a regulation made under it; and

• (d) holding office as a commissioner or being employed by the Regulator.

Marginal note:Role of Chief Executive Officer

• 23 (1) The Chief Executive Officer is responsible for the management of the Regulator’s day-to-day business and affairs, including the supervision of its employees and their work. The Chief Executive Officer must not however give directions with respect to any particular decision, order or recommendation that is made by the Commission or a commissioner.

• Marginal note:Rank of deputy head

  (2) The Chief Executive Officer has the rank and the powers of a deputy head of a department.

• Marginal note:Acting Chief Executive Officer

  (3) If the Chief Executive Officer is absent or unable to act or if there is a vacancy in that office, an executive of the Regulator designated by the Minister acts as Chief Executive Officer.

• Marginal note:Governor in Council approval

  (4) The executive referred to in subsection (3) is not authorized to act as Chief Executive Officer for a period of more than 90 days without the approval of the Governor in Council.

Marginal note:Designated officers

24 The Chief Executive Officer may designate employees of the Regulator as designated officers.

Marginal note:For greater certainty

25 For greater certainty, the Chief Executive Officer is responsible for the provision of the support services and the facilities that are needed by the Commission to exercise its powers and perform its duties and functions in accordance with the rules that apply to its work.

Commission

Composition and Appointments

Marginal note:Commission

• 26 (1) The Regulator is to have a Commission that consists of up to seven full-time commissioners. It may also include a complement of part-time commissioners.

• Marginal note:Indigenous representation

  (2) At least one of the full-time commissioners must be an Indigenous person.

Marginal note:Quorum

27 Subject to subsection 42(2), sections 45 to 47 and subsection 48(2), three commissioners constitutes a quorum of the Commission.

Marginal note:Appointment

• 28 (1) The commissioners are to be appointed by the Governor in Council to hold office during good behaviour for a term not exceeding six years.

• Marginal note:Reappointment

  (2) A commissioner may be reappointed for one or more terms of up to six years each. However, a commissioner is to serve no more than 10 years in office in total.

• Marginal note:Removal

  (3) The Governor in Council may remove a commissioner for cause.

• Marginal note:Eligibility

  (4) A person is not eligible to be a commissioner unless they are a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act.

• Marginal note:Eligibility

  (5) A director is not eligible to be a commissioner.

• Marginal note:Remuneration and expenses — full-time commissioner

  (6) A full-time commissioner is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and other expenses while performing their duties and functions under this Act while absent from their ordinary place of work.

• Marginal note:Remuneration and expenses — part-time commissioner

  (7) A part-time commissioner is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and other expenses while performing their duties and functions under this Act while absent from their ordinary place of residence.

Marginal note:Conflict of Interest Act

29 For the purposes of the Conflict of Interest Act, the circumstances in which a commissioner is in a conflict of interest while exercising the powers or performing the duties and functions of a commissioner include

• (a) engaging in, as owner, shareholder, director, officer, partner or in any other way, the business of producing, selling, buying, transmitting, exporting, importing or otherwise dealing in hydrocarbons, electricity or offshore energy;

• (b) holding any bond, debenture or other security of a corporation engaged in any such business;

• (c) holding other employment that is inconsistent with their powers, duties and functions or with any provision of this Act or a regulation made under it; and

• (d) holding office as the Chief Executive Officer or being employed by the Regulator.

Marginal note:Vacancy

30 A vacancy in the Commission does not impair the right of the remaining commissioners to act.

Powers, Duties and Functions

Marginal note:Court of record

• 31 (1) The Commission is a court of record and the Regulator’s seal must be judicially noticed as the Commission’s official seal.

• Marginal note:Powers

  (2) The Commission has all the powers, rights and privileges vested in a superior court of record with respect to any matters within its jurisdiction, including the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders and the entry on and inspection of property.

• Marginal note:Expeditious applications and proceedings

  (3) All applications and proceedings before the Commission must be dealt with as expeditiously as the circumstances and procedural fairness and natural justice permit, but, in any case, within any time limit provided for under this Act.

Marginal note:Jurisdiction

• 32 (1) The Commission has full and exclusive jurisdiction to inquire into, hear and determine any matter if the Commission considers that

  • (a) a person has failed to do anything that is required to be done under this Act, under a condition of a document of authorization, or under an order made or direction given under this Act;

  • (b) a person has done or is doing anything that is contrary to or in contravention of this Act, a condition of a document of authorization or an order made or direction given under this Act; or

  • (c) the circumstances may require the Commission, in the public interest, to make any order or give any direction, leave, sanction or approval that it is authorized to make or give, or that relates to anything that is prohibited, sanctioned or required to be done under this Act, a condition of a document of authorization, or an order made or direction given under this Act.

• Marginal note:Inquiry

  (2) The Commission may inquire into any accident involving a pipeline, abandoned pipeline, international power line, offshore renewable energy project, offshore power line or other facility the construction or operation of which is regulated by the Regulator and may, at the conclusion of the inquiry, make

  • (a) findings as to the cause of the accident or factors contributing to it;

  • (b) recommendations relating to the prevention of future similar accidents; or

  • (c) any decision or order that the Commission is authorized to make.

• Marginal note:Matters of law and fact

  (3) For the purposes of this Act, the Commission has full jurisdiction to hear and determine all matters, whether of law or of fact.

Marginal note:Power to act on own initiative

33 The Commission may on its own initiative inquire into, hear and determine any matter that under this Act it may inquire into, hear and determine.

Marginal note:Orders and prohibitions

34 The Commission may

• (a) order any person to do, immediately or within or at any specified time and in any specified manner, anything that the person is or may be required to do under this Act, under a condition of a document of authorization, or under any order made or direction given by the Commission or a designated officer under this Act; and

• (b) prohibit the doing or continuing of anything that is contrary to this Act, to a condition of the document of authorization or to the order or direction.

Marginal note:Rules

35 The Commission may make rules generally for the carrying out of its work and the management of its internal affairs, including rules respecting

• (a) the powers, duties and functions of the commissioners;

• (b) its sittings;

• (c) its decisions, orders and recommendations; and

• (d) its procedures and practices.

Marginal note:Annual report

• 36 (1) The Commission must, within 120 days after the end of each fiscal year, submit to the Minister a report on the Commission’s activities under this Act for that fiscal year, and the Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is received.

• Marginal note:Other reports

  (2) The Commission may submit a report to the Minister on the Commission’s activities if the Commission considers it appropriate to do so.

• Marginal note:Definition of fiscal year

  (3) For the purposes of subsection (1), fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year.

Lead Commissioner and Deputy Lead Commissioner

Marginal note:Designation

37 The Governor in Council must designate one of the full-time commissioners to hold office as Lead Commissioner and one of the full-time commissioners to hold office as Deputy Lead Commissioner.

Marginal note:Role of Lead Commissioner

38 The Lead Commissioner is responsible for the business and affairs of the Commission and, in particular, is responsible for apportioning the Commission’s work among the commissioners and for establishing panels — of at least three commissioners — to exercise the powers of the Commission and perform its duties and functions in relation to a matter before it.

Marginal note:Acting Lead Commissioner

• 39 (1) The Deputy Lead Commissioner acts as Lead Commissioner if the Lead Commissioner is absent or unable to act or if there is a vacancy in that office.

• Marginal note:Governor in Council approval

  (2) The Deputy Lead Commissioner is not authorized to act as Lead Commissioner for a period of more than 90 days without the approval of the Governor in Council.

Marginal note:Acting Lead and Deputy Lead Commissioners

• 40 (1) If both the Lead Commissioner and Deputy Lead Commissioner are absent or unable to act or if there are vacancies in both of those offices, a commissioner designated by the Minister acts as Lead Commissioner.

• Marginal note:Governor in Council approval

  (2) The designated commissioner is not authorized to act as Lead Commissioner for a period of more than 90 days without the approval of the Governor in Council.

Instructions and Measures

Marginal note:Instructions regarding timeliness

41 To ensure that an application before the Commission is dealt with in a timely manner, the Lead Commissioner may give instructions to the commissioners authorized to deal with the application respecting the manner in which they are to do so.