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

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.

Abandonment

Marginal note:Prohibition

• 277 (1) A person must not, without the leave of the Commission, abandon the operation of an international power line or of an interprovincial power line designated by an order under section 261.

• Marginal note:Leave to abandon

  (2) On the application of the holder of a permit or certificate, the Commission may, by order, grant leave to abandon the operation of the power line.

Permits and Certificates

Marginal note:Conditions — permit

• 278 (1) The Commission may, on the issuance of a permit, make the permit subject to the conditions respecting the matters prescribed by the regulations that the Commission considers necessary or in the public interest.

• Marginal note:Conditions — certificate

  (2) The Commission may, on the issuance of a certificate, make the certificate subject to the conditions that the Commission considers necessary or in the public interest.

Marginal note:Compliance

279 Every permit and certificate is subject to the condition that the provisions of this Act and the regulations, as well as every order made under the authority of this Act or of the laws of a province that are applicable under section 253, must be complied with.

Marginal note:Variation or transfer of certificates

• 280 (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

281 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

282 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

• 283 (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

284 An order under section 281 or 282 must be published in the Canada Gazette within 15 days after the day on which it is made.

Marginal note:Suspension of certificates

• 285 (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

286 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

• 287 (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.

Marginal note:Variation or transfer of permits

• 288 (1) The Commission may, on application or on its own initiative, vary a permit issued under this Part and may, on application, transfer a permit issued under this Part.

• Marginal note:Conditions

  (2) In varying or transferring a permit, the Commission may impose — in addition to or in lieu of any conditions to which the permit was previously subject — any conditions respecting the matters prescribed by regulations made under section 291 that the Commission considers necessary or appropriate in order to give effect to the purposes and provisions of this Act.

Marginal note:Suspension or revocation of permits

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

• 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.

General Provisions

Marginal note:Application of certain provisions

• 290 (1) Section 315, subsections 316(1) to (3) and sections 317, 318 and 341 apply in respect of international power lines and of interprovincial power lines in respect of which an order made under section 261 is in force.

• Marginal note:Application of references

  (2) The provisions of this Act referred to in subsection (1) apply in respect of an international power line as if each reference in those provisions to

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

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

• Marginal note:Non-application of subsections 316(1) to (3)

  (3) Despite subsection (1), subsections 316(1) to (3) do not apply in respect of any of the following:

  • (a) anything done under leave obtained under subsection 272(2) or (5) in respect of an international power line or of an interprovincial power line referred to in subsection (1);

  • (b) in the case of an interprovincial power line referred to in subsection (1),

    • (i) any section or part of the power line that passes on, over, along or under a facility if a certificate has been issued in respect of the power line and the certificate contains a condition relating to that facility, or

    • (ii) any section or part of the power line that passes in, on, over, under, through or across a navigable water if a certificate has been issued in respect of the power line;

  • (c) in the case of an international power line,

    • (i) any section or part of the line that passes on, over, along or under a facility if a permit referred to in section 248, or a certificate, has been issued in respect of the line and the permit or certificate contains a condition relating to that facility, or

    • (ii) any section or part of the line that passes in, on, over, under, through or across a navigable water if a permit referred to in section 248, or a certificate, has been issued in respect of the line;

  • (d) anything done under any leave obtained under section 108 of the National Energy Board Act at any time before July 3, 2013.

Marginal note:Regulations

291 The Governor in Council may make regulations for carrying into effect the purposes and provisions of this Part, including regulations

• (a) prescribing matters in respect of which conditions of permits may be imposed;

• (b) respecting the information to be furnished in connection with applications for permits;

• (c) specifying considerations to which the Commission must have regard in deciding whether to recommend to the Minister that an international power line be designated by order of the Governor in Council under section 258; and

• (d) prescribing the form of elections filed under section 259.