Canada Gazette, Part I, Volume 158, Number 50: International Power Lines (Permits) Regulations
December 14, 2024
Statutory authority
Canadian Energy Regulator Act
Sponsoring agency
Canadian Energy Regulator
REGULATORY IMPACT ANALYSIS STATEMENT
For the Regulatory Impact Analysis Statement, see the Export and Import (Orders, Licences and Permits) Regulations.
PROPOSED REGULATORY TEXT
Notice is given that the Governor in Council proposes to make the annexed International Power Lines (Permits) Regulations under paragraphs 291(a), (b) and (d) of the Canadian Energy Regulator Act footnote a.
Interested persons may make representations concerning the proposed Regulations within 45 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Jenni Low, Market Analyst, Regulatory Policy, Canadian Energy Regulator, 517 Tenth Avenue Southwest, Suite 210, Calgary, Alberta T2R 0A8 (fax: 403‑299‑3664; email: EIRF@cer-rec.gc.ca)
Ottawa, November 28, 2024
Wendy Nixon
Assistant Clerk of the Privy Council
International Power Lines (Permits) Regulations
Definitions
Definitions
1 The following definitions apply in these Regulations.
- Act
- means the Canadian Energy Regulator Act. (Loi)
- environmental effects
- means, in respect of a project,
- (a) any changes that the project may cause in the environment, including any effect of any such change on health and socio-economic conditions, on physical and cultural heritage, on the current use of lands and resources for traditional purposes by Indigenous peoples of Canada, or on any structure, site or thing that is of historical, archaeological, paleontological or architectural significance;
- (b) any repercussions on the environment of malfunctions or accidents that may occur and any cumulative repercussions on the environment that may result from the carrying out of the project in combination with other projects or activities, including past or future projects or activities; and
- (c) any changes to the project that may be caused by the environment. (effets environnementaux)
- permit
- means a permit for the construction and operation of an international power line that is issued under Part 4 of the Act. (permis)
- power
- means the rate at which energy is transferred in an electric circuit, expressed in watts or multiples or submultiples of watts. (puissance)
- power line outside Canada
- means that part of a power line in the United States that is between its connection to an international power line at the border and the first switching station in the United States. (ligne située à l’étranger)
- power system
- means a network of electrical components, including the generating stations, transformers, switching stations, transmission lines, substations, distribution lines and circuits necessary for the generation, transmission and distribution of electricity. (réseau d’électricité)
- power transfer capability
- means the amount of power that is capable of being transferred from one power system to another while meeting the reliability criteria of the interconnected systems. (capacité de transfert de puissance)
Permits
International power lines — 50 kV or less
2 An application for a permit respecting an international power line that does not exceed an operating voltage of 50 kV must contain the following information, unless the Commission advises the applicant that the information is already in the possession of the Regulator or is not relevant to the application:
- (a) the names and contact information of the applicant and their authorized representative, if any;
- (b) the names and contact information of the owner and the proposed operator of the international power line in Canada;
- (c) a proof of publication of the notice referred to in section 249 of the Act;
- (d) a description of the applicant’s public consultation program;
- (e) maps, on a scale that is sufficient to locate and identify all essential features, showing
- (i) all terminal points and the route of the international power line as well as the international boundary crossover point and the distance, expressed in kilometres, from the crossover point to each terminal point of the international power line in and outside Canada,
- (ii) the provinces, cities, towns, villages, park boundaries, rivers, major roads, railways and navigable waters through, under or across which the international power line is to pass, and
- (iii) the power line outside Canada;
- (f) a plan of survey from which the international boundary crossover point can be accurately determined on the ground;
- (g) the names and contact information of the owner and the operator of the power line outside Canada;
- (h) a technical description of the international power line, including
- (i) the voltage level,
- (ii) the number and size of conductors,
- (iii) the maximum power transfer capability, and
- (iv) a single-line diagram identifying all the facilities that constitute the international power line;
- (i) a copy of any agreement between the applicant and the owner or operator of the power line outside Canada that relates to the construction and operation of the international power line and the power line outside Canada;
- (j) if applicable, evidence that demonstrates that the international power line is built along a road, railway, power line, telecommunication line or other linear physical work in a manner that
- (i) does not result in more than 4 km of the line extending outside Canada,
- (ii) does not require the installation of supporting structures within 30 m of a body of water, and
- (iii) is not likely to result in the release of a polluting substance into a body of water;
- (k) except in the case of an international power line that is referred to in paragraph (j), an environmental assessment report with respect to the project and its potential effects that includes
- (i) a description of the construction and operational activities that are proposed to be carried out as part of the project,
- (ii) a description of the biophysical and socio-economic environment of the project,
- (iii) a description of the potential interactions between the project and the environment,
- (iv) a description of the potential environmental effects of the project,
- (v) a description of the mitigation measures that are to be implemented, including any relevant alternatives,
- (vi) a description of the potential residual effects remaining after mitigation and an evaluation of those effects, and
- (vii) any comments received from the public;
- (l) a list of any approvals that are required to be obtained from the provinces through which the international power line will pass and a statement respecting the purposes for which each approval is required and the status of the approval process;
- (m) a list of any approvals that are required for the construction and operation of the power line outside Canada and a statement respecting the purposes for which each approval is required and the status of the approval process; and
- (n) a copy of the most recent annual report or financial statements of the owner and the operator of the international power line.
International power lines — more than 50 kV
3 An application for a permit respecting an international power line that exceeds an operating voltage of 50 kV must contain the following information, unless the Commission advises the applicant that the information is already in the possession of the Regulator or is not relevant to the application:
- (a) the names and contact information of the applicant and their authorized representative, if any;
- (b) the names and contact information of the owner and the proposed operator of the international power line in Canada, a description of the power systems in respect of which they are the owner or operator and a copy of their most recent annual report or financial statements;
- (c) a proof of publication of the notice referred to in section 249 of the Act;
- (d) a description of the applicant’s public consultation program;
- (e) maps, on a scale that is sufficient to locate and identify
- (i) the proposed route and facility sites,
- (ii) any alternative routes and facility sites,
- (iii) the areas that are subject to any physical or environmental constraints — including biophysical constraints and constraints related to land use or the use of natural resources — that limit the route or facility sites, and
- (iv) the approximate sites of all proposed ancillary facilities;
- (f) a description of the environmental, land-use and other criteria used to determine the proposed, and any alternative, routes and facility sites;
- (g) all terminal points and the international boundary crossover point;
- (h) the distance, expressed in kilometres, from the international boundary crossover point to each terminal point;
- (i) a map, on a scale that is sufficient to locate and identify all essential features, showing
- (i) all terminal points, the international boundary crossover point and the distance, expressed in kilometres, from the crossover point to each terminal point of the international power line in and outside Canada,
- (ii) the provinces, cities, towns, villages, park boundaries, rivers, major roads, railways and navigable waters through, under or across which the international power line is to pass, and
- (iii) the power line outside Canada;
- (j) a plan of survey from which the international boundary crossover point can be accurately determined on the ground;
- (k) the names and contact information of the owner and the operator of the power line outside Canada;
- (l) a copy of the most recent annual report of the owner and the operator of the power line outside Canada;
- (m) a technical description of the international power line, including
- (i) the voltage level,
- (ii) the number and size of conductors,
- (iii) the tower or other structures that will provide physical support for the international power line,
- (iv) a single-line diagram identifying all the facilities that constitute the international power line,
- (v) the power transfer capability for continuous transmission of power under winter and summer conditions, and
- (vi) the criteria for the stated power transfer capability;
- (n) for the purposes of the export and the import, the total power transfer capabilities of the power system to which the international power line will be interconnected, with and without the international power line, and an indication of the criteria for those capabilities;
- (o) a copy of
- (i) each interconnection agreement that relates to the construction of the international power line, and
- (ii) any other agreement between the applicant and the owner or the operator of the power line outside Canada that relates to the construction and operation of the international power line and the power line outside Canada;
- (p) a description of the provincial requirements and associated review process that must be satisfied, including
- (i) details of the review process applicable to each approval that is required,
- (ii) details of any public consultation process provided for as part of the review process, and
- (iii) a timetable for the review process;
- (q) a list of any approvals that are required to be obtained from the following, and a statement of the purposes for which each approval is required and of the status of the approval process:
- (i) the provinces through which the international power line will pass, and
- (ii) the appropriate authorities for the construction or operation of the power line outside Canada;
- (r) a timetable showing the projected dates for
- (i) the obtaining of each approval referred to in subparagraph (q)(i), and
- (ii) the start and completion of construction of the international power line and the power line outside Canada;
- (s) an environmental assessment report with respect to the project and its potential effects that may consist of a report made under provincial legislation and that includes
- (i) a description of the construction and operational activities that will be carried out as part of the project,
- (ii) a description of the biophysical and socio-economic environment of the project,
- (iii) a description of the potential interactions between the project and the environment,
- (iv) a description of the potential environmental effects of the project,
- (v) a description of the mitigation measures that will be implemented, including any relevant alternatives,
- (vi) a description of the potential residual effects remaining after mitigation and an evaluation of those effects, and
- (vii) any comments received from the public;
- (t) a description of any potential adverse effects of the operation of the international power line — based on the power transfer capabilities referred to in paragraph (n) — on any power system with which it will be interconnected, including potential adverse effects on the operation of that system and the measures that will be taken to mitigate those effects; and
- (u) a description of any reliability, safety and environmental standards, practices and procedures that will be used in the design, construction and operation of the international power line, including the date of issue of any relevant documents.
Conditions of permit — construction and operation
4 A permit respecting an international power line may include conditions concerning
- (a) the requirement to notify the Regulator of any change in the identity of the owner or operator of the facilities;
- (b) the location of the facilities;
- (c) the location of the international boundary crossover point;
- (d) the electrical and physical characteristics, including the power transfer capability, of the facilities;
- (e) practices and procedures related to the protection and restoration of the environment that is affected by the facilities;
- (f) requirements respecting monitoring of the construction, operation and environmental effects of the facilities;
- (g) requirements respecting approval by the Commission of any potential change to the facilities;
- (h) requirements relating to the mitigation of any potential adverse effects of the operation of the facilities on the reliability of any power systems to which the facilities are interconnected; or
- (i) requirements relating to the obligation of persons who provide other persons with the necessary facilities for the export of power to verify whether persons who wish to export electricity have the permits or licences issued under Division 2 of Part 7 of the Act that are required for that export.
Elections
5 An election filed with the Regulator under section 259 of the Act must be in the form set out in the schedule.
Repeal
6 The National Energy Board Electricity Regulations footnote 1 are repealed.
Coming into Force
Registration
7 These Regulations come into force on the day on which the Export and Import (Orders, Licences and Permits) Regulations are registered, but if these Regulations are registered after that day, they come into force on the day on which they are registered.
SCHEDULE
(Section 5)
ELECTION
(date)
To: The Secretary of the Commission
Canadian Energy Regulator
517 Tenth Avenue Southwest, Suite 210
Calgary, Alberta T2R 0A8
This constitutes the election of
(print name of applicant or holder)
under section 259 of the Canadian Energy Regulator Act.
The international power line in respect of which the provisions of the Canadian Energy Regulator Act referred to in subsection 266(1) of that Act apply, and not the laws of the province, is the following:
(give a brief description of the power line and the permit or certificate number)
(name)
(street address)
(city, province, postal code)
(signature)
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