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

Marginal note:Application

• 386 (1) This section applies to an order referred by the Chief Safety Officer or the Chief Conservation Officer to the Commission under subsection 58(5) of the Canada Oil and Gas Operations Act.

• Marginal note:Review and decision

  (2) The Commission must review the need for the order and may confirm it or set it aside.

• Marginal note:Burden of proof

  (3) The burden of establishing that the order is not needed is on the person who requested that the order be referred to the Commission.

Orders

Marginal note:Offence and punishment

• 387 (1) Every person who fails to comply with an order of the Commission under section 384 or 385 is guilty of an offence and liable

  • (a) on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both; or

  • (b) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years, or to both.

• Marginal note:Due diligence

  (2) A person is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.

• Marginal note:Applicable provisions

  (3) Sections 65 to 71 of the Canada Oil and Gas Operations Act apply, with any modifications that the circumstances require, in respect of an offence under subsection (1).

Marginal note:Statutory Instruments Act

388 For greater certainty, an order of the Commission made under this Part is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.

PART 9General

Regulations

Marginal note:Regulations respecting accounts, etc.

• 389 (1) The Regulator may, with the approval of the Governor in Council, make regulations

  • (a) respecting the manner in which the accounts of a company must be kept;

  • (b) respecting the classes of property for which depreciation charges may properly be included under operating expenses in the accounts and the accounting methods that may be used in computing and charging depreciation in respect of each of the classes of property;

  • (c) respecting a uniform system of accounts applicable to any class of company; and

  • (d) requiring that any of the following persons and companies keep and make available for inspection, in the form that may be prescribed by the regulations, at a place of business in Canada any records, books of account and other documents and submit to the Regulator, at any time and in any form that may be prescribed, returns and information respecting capital, traffic, revenues, expenses and other matters that are prescribed and that the Regulator determines are matters that should be considered by it in carrying out its powers and duties under this Act in relation to those companies and persons

    • (i) companies that have been authorized to construct or operate a pipeline,

    • (ii) companies that have been authorized to abandon the operation of a pipeline under subsection 241(1),

    • (iii) persons exporting oil, gas or electricity, and

    • (iv) persons holding a licence under Part 7.

• Marginal note:Exemptions

  (2) The Regulator may, by order, on any conditions it considers appropriate, exempt a company or person from the application of a regulation made under subsection (1).

• Marginal note:Offence

  (3) Every person who contravenes a regulation made under this section is guilty of an offence punishable on summary conviction.

• Marginal note:Due diligence

  (4) A person is not to be found guilty of an offence under subsection (3) if they establish that they exercised due diligence to prevent the commission of the offence.

Marginal note:Regulations

• 390 (1) The Governor in Council may make regulations for the purposes of this Act, including regulations

  • (a) designating as an oil product or as a gas product any substance resulting from the processing or refining of hydrocarbons or coal if that substance

    • (i) is asphalt or a lubricant, or

    • (ii) is a source of energy by itself or when it is combined or used in association with something else; and

  • (b) exempting any oil or gas or any kind, quality or class of oil or gas or any area or transaction from all or any of the provisions of this Act.

• Marginal note:Consultation

  (2) Regulations may only be made under paragraph (1)(b) after consultation with the Regulator.

Marginal note:Security regulations

• 391 (1) The Regulator may, with the approval of the Governor in Council, make regulations respecting the security of pipelines, international power lines and offshore renewable energy projects, including regulations respecting standards, plans and audits.

• Marginal note:Offence and punishment

  (2) Every person who contravenes a regulation made under subsection (1) is guilty of an offence and liable

  • (a) on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year or to both; or

  • (b) on conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding five years or to both.

• Marginal note:Due diligence

  (3) A person is not to be found guilty of an offence under subsection (2) if they establish that they exercised due diligence to prevent the commission of the offence.

Review of Act

Marginal note:Review of Act after 10 years

392 Ten years after the day on which this Act comes into force, a comprehensive review of the provisions and operation of the Act is to be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.