Regulations Amending the National Energy Board Pipeline Damage Prevention Regulations – Authorizations (Miscellaneous Program): SOR/2019-349
Canada Gazette, Part II, Volume 153, Number 25
Registration
SOR/2019-349 December 2, 2019
CANADIAN ENERGY REGULATOR ACT
The Canadian Energy Regulator, pursuant to subsection 335(5) of the Canadian Energy Regulator Act footnote a, makes the annexed Regulations Amending the National Energy Board Pipeline Damage Prevention Regulations – Authorizations (Miscellaneous Program).
Calgary, November 25, 2019
Katherine Murphy
Chief of Staff and Corporate Secretary, Canadian Energy Regulator
Regulations Amending the National Energy Board Pipeline Damage Prevention Regulations – Authorizations (Miscellaneous Program)
1 The title of the National Energy Board Pipeline Damage Prevention Regulations – Authorizations footnote 1 is replaced by the following:
Canadian Energy Regulator Pipeline Damage Prevention Regulations – Authorizations
2 (1) The definition Act in section 1 of the Regulations is replaced by the following:
Act means the Canadian Energy Regulator Act. (Loi)
(2) Section 1 of the Regulations is amended by adding the following in alphabetical order:
Commission means the Commission referred to in subsection 26(1) of the Act. (Commission)
3 Section 5 of the Regulations is amended by replacing “112(5.1)” with “335(7)”.
4 Subsection 7(2) of the Regulations is replaced by the following:
Suspension
(2) If the consent is suspended by the Commission, or by the pipeline company in accordance with subsection 10(1) of the Canadian Energy Regulator Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies, the authorization is suspended and the activity must cease for the duration of the suspension of the consent.
5 Subsection 10(2) of the Regulations is replaced by the following:
Suspension
(2) If the consent is suspended by the Commission, or by the pipeline company in accordance with subsection 10(1) of the Canadian Energy Regulator Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies, the authorization is suspended and the activity must cease for the duration of the suspension of the consent.
6 Subsection 14(1) of the Regulations is amended by replacing “Board” with “Regulator”.
7 (1) Subsection 15(1) of the Regulations is amended by replacing “Board” with “National Energy Board”.
(2) Sections 15, 16 and 17 of the Regulations are amended by replacing “Act” with “National Energy Board Act”.
8 The Regulations are amended by replacing “112(1)” with “335(1)” in the following provisions:
- (a) section 2;
- (b) section 6;
- (c) subsection 7(1);
- (d) subsection 9(1);
- (e) subsection 10(1); and
- (f) section 11.
9 The Regulations are amended by replacing “112(2)(a)” with “335(2)(a)” in the following provisions:
- (a) section 6;
- (b) section 12; and
- (c) subsection 13(1).
10 The Regulations are amended by replacing “National Energy Board Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies” with “Canadian Energy Regulator Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies” in the following provisions:
- (a) paragraph 6(c);
- (b) paragraph 7(1)(c);
- (c) paragraph 8(b);
- (d) paragraph 9(1)(c);
- (e) paragraph 10(1)(c); and
- (f) paragraph 13(1)(b).
Coming into Force
S.C. 2019, c. 28, s. 10
11 These Regulations come into force on the day on which the Regulations Amending Certain Energy Regulations Made Under the National Energy Board Act (Miscellaneous Program) come into force, but if they are registered after that day, they come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts repeals the National Energy Board Act (NEB Act) and replaces it with the Canadian Energy Regulator Act (the CER Act). At the same time, the National Energy Board (NEB) is replaced with the Canadian Energy Regulator (CER). The CER, similar to the NEB, provides regulatory oversight over the full lifecycle of certain federal energy infrastructure, including pipelines that cross interprovincial and international borders, and international and designated interprovincial power lines; the regulator is also responsible for ensuring that its regulated infrastructure is constructed, operated and abandoned in a manner that is safe, secure and protects people, property and the environment.
Regulations made under the NEB Act remain in force following the repeal of the NEB Act due to paragraph 44(g) of the Interpretation Act. This provision provides that all regulations made under a repealed enactment remain in force and are deemed to have been made under the new enactment that replaces it (i.e. the CER Act), in so far as they are not inconsistent with the new enactment (and until such time as the former regulations are replaced or expressly repealed).
One of these regulations, the National Energy Board Pipeline Damage Prevention Regulations – Authorizations (the Regulations), which are made by the Regulator, apply to any CER-regulated pipeline company and to any person planning or undertaking an activity near a CER-regulated pipeline. The Regulations make reference to the NEB Act, and amendments are required to refer to the appropriate section of the new CER Act.
Objectives
The objective of the Regulations Amending the National Energy Board Pipeline Damage Prevention Regulations – Authorizations (Miscellaneous Program) [the Amending Regulations] is to amend certain names and terms in the Regulations for consistency with the CER Act.
Description and rationale
The authority for these Regulations (previously made under subsections 112(5) and (5.1) of the NEB Act) is subsections 335(5) and (7) of the CER Act.
The following changes were made to align the new names and section numbers in the CER Act:
- The title of the Regulations is changed to the Canadian Energy Regulator Pipeline Damage Prevention Regulations – Authorizations.
- All references in the Regulations to “National Energy Board” are amended to “Canadian Energy Regulator.”
- All references to “Board” in the Regulations are amended to either “Regulator” or “Commission,” as appropriate. “Commission” is used where any formal application is required, or for approvals, or to exercise an authority provided in the CER Act. “Regulator” is used when referring to the organization or its administrative functions. Section 1 is amended by adding a definition of “Commission”: “Commission means the Commission referred to in subsection 26(1) of the Act. (Commission).”
- Section 5 is amended by replacing subsection “112(5.1)” with subsection “335(7).”
- Sections 2, 6 and 11, and subsections 7(1), 9(1) and 10(1) are amended by replacing subsection “112(1)” with subsection “335(1).”
- Sections 6 and 12, and subsection 13(1) are amended by replacing paragraph “112(2)(a)” with paragraph “335(2)(a).”
- Sections 15, 16 and 17 (existing transitional provision in the Regulations) are amended by replacing “Board” with “National Energy Board.”
The amendments are required to ensure consistency with the CER Act and do not impose any costs on the government or stakeholders.
“One-for-One” Rule and small business lens
The “One-for-One” Rule does not apply to these amendments, as there is no change in administrative costs or burden to business.
The small business lens does not apply to these amendments, as there are no costs to small business.
Contact
Andrea Boras
Regulatory Policy Team
Canadian Energy Regulator
517 Tenth Avenue SW, Suite 210
Calgary, Alberta
T2R 0A8
Email: andrea.boras@cer-rec.gc.ca
General information
Toll-free telephone: 1‑800‑899‑1265
Toll-free fax: 1‑877‑288‑8803
TTY (teletype): 1‑800‑632‑1663