Regulations Amending Certain Canadian Energy Regulator Regulations (Miscellaneous Program): SOR/2022-199
Canada Gazette, Part II, Volume 156, Number 21
Registration
SOR/2022-199 September 27, 2022
CANADIAN ENERGY REGULATOR ACT
P.C. 2022-1012 September 23, 2022
The Canadian Energy Regulator, under section 96 and subsection 115(1) of the Canadian Energy Regulator Act footnote a, makes the annexed Regulations Amending Certain Canadian Energy Regulator Regulations (Miscellaneous Program).
Calgary, June 14, 2022
Laurel Sherret
Chief of Staff and Corporate Secretary, Canadian Energy Regulator
Her Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, under section 96 and subsection 115(1) of the Canadian Energy Regulator Act footnote a, approves the annexed Regulations Amending Certain Canadian Energy Regulator Regulations (Miscellaneous Program), made by the Canadian Energy Regulator.
Regulations Amending Certain Canadian Energy Regulator Regulations (Miscellaneous Program)
Canadian Energy Regulator Onshore Pipeline Regulations
1 The portion of section 6 of the French version of the Canadian Energy Regulator Onshore Pipeline Regulations footnote 1 before paragraph (a) is replaced by the following:
6 Le présent règlement a pour objet d’obliger la compagnie à concevoir, à construire, à exploiter ou à cesser d’exploiter un pipeline — et de lui permettre de le faire — de manière à assurer :
Administrative Monetary Penalties Regulations (National Energy Board)
2 The title of the Administrative Monetary Penalties Regulations (National Energy Board) footnote 2 is replaced by the following:
Administrative Monetary Penalties Regulations (Canadian Energy Regulator)
3 Section 1 of the Regulations is replaced by the following:
Definition of Act
1 In these Regulations, Act means the Canadian Energy Regulator Act.
4 Subsections 2(1) to (3) of the Regulations are replaced by the following:
Provisions of the Act or regulations
2 (1) The contravention of a provision of the Act or any of its regulations that is set out in column 1 of Schedule 1 is designated as a violation that may be proceeded with in accordance with sections 116 to 135 of the Act.
Orders and decisions
(2) The contravention of any order or decision made under the Act is designated as a violation that may be proceeded with in accordance with sections 116 to 135 of the Act.
Conditions
(3) The failure to comply with a condition of any certificate, licence, permit, authorization, leave or exemption that is granted under the Act is designated as a violation that may be proceeded with in accordance with sections 116 to 135 of the Act.
5 Subsection 3(2) of the Regulations is replaced by the following:
Orders, decisions or conditions
(2) The contravention of an order or decision referred to in subsection 2(2) or the failure to comply with a condition referred to in subsection 2(3) is a Type B violation.
6 The portion of subsection 5(1) of the Regulations before paragraph (a) is replaced by the following:
Manner of service
5 (1) The service of a document required or authorized under subsection 120(1) or 128(2) of the Act is to be made by
7 Part 1 of Schedule 1 to the Regulations is replaced by the following:
PART 1
| Item | Column 1 Provision |
Column 2 Short-form Description |
Column 3 Classification |
|---|---|---|---|
| 1 | 103(4) | Failure to provide assistance | Type B |
| 2 | 179(1) | Construction, operation or abandonment of a pipeline by a person other than a company | Type B |
| 3 | 180(1) | Operation of a pipeline without a certificate and leave to open | Type B |
| 4 | 181(1) | Failure to obtain required leave | Type B |
| 5 | 198(a) | Begin construction of a pipeline without a certificate | Type B |
| 6 | 198(c) | Begin construction of a pipeline without an approved plan, profile and book of reference | Type B |
| 7 | 211(1) | Failure to submit for approval a plan, profile and book of reference | Type B |
| 8 | 213(1) | Opening a pipeline or a section of a pipeline for transmission without leave | Type B |
| 9 | 217(1) | Construction of a pipeline without a certificate or order | Type B |
| 10 | 218 | Construction or operation of a pipeline without a certificate or order | Type B |
| 11 | 241(1) | Abandonment of a pipeline without leave | Type B |
| 12 | 247 | Construction or operation of an international power line without a permit or certificate | Type B |
| 13 | 265(a) | Begin construction of an international or interprovincial power line without approval of a plan, profile and book of reference | Type B |
| 14 | 267 | Construction or operation of an interprovincial or international power line without a permit or certificate | Type B |
| 15 | 273(1) | Construction of a facility, or engaging in an activity that causes a ground disturbance, without authorization | Type B |
| 16 | 273(2) | Operation of a vehicle or mobile equipment across an international or interprovincial power line in contravention of subsection 273(2) of the Act | Type B |
| 17 | 277(1) | Abandonment of a designated international power line or interprovincial power line without leave | Type B |
| 18 | 314 | Failure to do as little damage as possible in exercising the powers granted and to compensate all persons interested for damage sustained | Type B |
| 19 | 335(1) | Unauthorized construction of a facility or engaging in an unauthorized activity that causes a ground disturbance | Type B |
| 20 | 335(2) | Operation of a vehicle or mobile equipment across a pipeline in contravention of subsection 335(2) of the Act | Type B |
| 21 | 338(1) | Working or prospecting for mines or minerals without authorization | Type B |
8 The heading of Part 2 of Schedule 1 to the Regulations is replaced by the following:
Canadian Energy Regulator Onshore Pipeline Regulations
9 Item 3 of Part 2 of Schedule 1 to the Regulations is repealed.
| Item | Column 2 Short-form Description |
|---|---|
| 14 | Failure to develop detailed designs of a pipeline and to submit them to the Regulator when required |
11 The heading of Part 3 of Schedule 1 to the Regulations is replaced by the following:
Canadian Energy Regulator Processing Plant Regulations
12 The heading of Part 4 of Schedule 1 to the Regulations is replaced by the following:
Canadian Energy Regulator Pipeline Damage Prevention Regulations — Authorizations
13 The heading of Part 5 of Schedule 1 to the Regulations is replaced by the following:
Canadian Energy Regulator Pipeline Damage Prevention Regulations — Obligations of Pipeline Companies
14 Part 6 of Schedule 1 to the Regulations is replaced by the following:
PART 6
| Item | Column 1 Provision |
Column 2 Short-form Description |
Column 3 Classification |
|---|---|---|---|
| 1 | 7 | Failure to construct a facility as prescribed or failure to obtain authorization | Type B |
| 2 | 8 | Failure to conduct a ground disturbance activity as prescribed or failure to obtain authorization | Type B |
| 3 | 10 | Failure to construct a power line as prescribed | Type B |
15 The Regulations are amended by replacing “Board” with “Regulator” in the following provisions:
- (a) items 5 and 6 of the table to section 4;
- (b) item 6 of Part 2 of Schedule 1;
- (c) item 16 of Part 2 of Schedule 1;
- (d) item 20 of Part 2 of Schedule 1;
- (e) item 22 of Part 2 of Schedule 1;
- (f) item 27 of Part 2 of Schedule 1;
- (g) item 32 of Part 2 of Schedule 1;
- (h) item 36 of Part 2 of Schedule 1;
- (i) item 41 of Part 2 of Schedule 1;
- (j) item 46 of Part 2 of Schedule 1;
- (k) items 74 and 75 of Part 2 of Schedule 1;
- (l) item 3 of Part 3 of Schedule 1;
- (m) item 4 of Part 5 of Schedule 1;
- (n) items 12 to 14 of Part 5 of Schedule 1; and
- (o) item 16 of Part 5 of Schedule 1.
International and Interprovincial Power Line Damage Prevention Regulations — Obligations of Holders of Permits and Certificates
16 The definition prescribed area in section 1 of the English version of the International and Interprovincial Power Line Damage Prevention Regulations — Obligations of Holders of Permits and Certificates footnote 3 is replaced by the following:
- prescribed area
- has the meaning assigned by section 2 of the International and Interprovincial Power Line Damage Prevention Regulations — Authorizations. (zone visée)
Coming into Force
17 These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
Administrative Monetary Penalties Regulations (National Energy Board) [SOR/2013-138]
The Administrative Monetary Penalties Regulations (National Energy Board) [the AMP Regulations] provide for financial penalties that may be applied by the Canada Energy Regulator (CER) to companies or individuals for non-compliance with the Canadian Energy Regulator Act (the CER Act), regulations, decisions, permits, orders, licences or certificate conditions intended to promote safety or environmental protection. The CER Act has replaced the National Energy Board Act (the NEB Act); therefore, the terms, names and section numbers used under the NEB Act and the AMP Regulations do not correspond with the terms, names and section numbers used under the CER Act and other related regulations.
Canadian Energy Regulator Onshore Pipeline Regulations (SOR/2020-50)
In August 2020, the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) identified a deficiency in the drafting of section 6, before paragraph (a) of the French version of the amended Canadian Energy Regulator Onshore Pipeline Regulations (OPR), and recommended that the Regulations be amended to address these issues.
International and Interprovincial Power Line Damage Prevention Regulations — Obligations of Holders of Permits and Certificates (SOR/2020-49)
In October 2020, the CER identified an incorrect cross-reference in section 1 of the English version of the International and Interprovincial Power Line Damage Prevention Regulations — Obligations of Holders of Permits and Certificates (the IPLDPRs-Obligations) in the definition of “prescribed area.”
Objective
The amendments have the following objectives:
- change names, section numbers and terms that occur in the regulations to align with the CER Act and IPLDPRs-Obligations;
- remove a violation that referenced an amended section of the OPR;
- correct non-substantive inconsistencies between the English and French versions;
- correct grammatical errors identified by the SJCSR; and
- amend an incorrect cross-reference identified by the CER.
Description and rationale
Administrative Monetary Penalties Regulations (National Energy Board)
The following amendments are made to the Regulations, for alignment with the CER Act:
- The reference to the National Energy Board is replaced with the Canadian Energy Regulator in the title of the AMP Regulations, which are now named the Administrative Monetary Penalties Regulations (Canadian Energy Regulator). The titles of regulations referenced in Schedule 1 are also updated to reflect the amendments that have been made since the CER Act came into force.
- All references in the AMP Regulations to the “National Energy Board” and to the “Board” are replaced with the “Canadian Energy Regulator” and the “Regulator,” respectively.
- All references to specific sections in the NEB Act are replaced with equivalent section numbers in the CER Act, and the short-form descriptions in Schedule 1, Part 1, are updated to reflect the language used in the applicable sections in the CER Act.
The reference to section 6 of the National Energy Board Onshore Pipeline Regulations (item 3 of Part 2 of Schedule 1) is repealed from the AMP Regulations. Section 6 of the National Energy Board Onshore Pipeline Regulations was amended in 2020 to become a purpose statement; therefore, an administrative monetary penalty can no longer be issued against that section of the Regulations.
Amendments are made to the AMP Regulations to reflect the repeal of the Power Line Crossing Regulations (PLCR) and their replacement with the International and Interprovincial Power Line Damage Prevention Regulations — Authorizations.
Canadian Energy Regulator Onshore Pipeline Regulations
The French version of section 6, before paragraph (a), is amended to correct the grammatical errors raised by the SJCSR and bring consistency between the English and French versions.
The text “Le présent règlement a pour objet d’obliger la compagnie qui conçoit, construit, exploite ou cesse d’exploiter un pipeline, de manière à assurer qu’elle agisse pour” in Section 6 of the French version of the OPR is replaced with “Le présent règlement a pour objet d’obliger la compagnie à concevoir, à construire, à exploiter ou à cesser d’exploiter un pipeline — et de lui permettre de le faire — de manière à assurer.”
International and Interprovincial Power Line Damage Prevention Regulations — Obligations of Holders of Permits and Certificates
The definition of “prescribed area” in the English version of the IPLDPRs-Obligations is replaced by the following: “prescribed area has the meaning assigned by section 2 of the International and Interprovincial Power Line Damage Prevention Regulations — Authorizations. (zone visée).”
The amendments are required to correct the cross-reference to subsection 1(2) of the English version of the International and Interprovincial Power Line Damage Prevention Regulations — Authorizations. The correct cross-reference is to section 2.
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.
Analysis under the small business lens determined that the amendments will not impact small businesses in Canada.
Contact
Elliot McLauchlan
Regulatory Policy Team
Canadian Energy Regulator
Suite 210
517 Tenth Avenue SW
Calgary, Alberta
T2R 0A8
Email: elliot.mclauchlan@cer-rec.gc.ca
Toll-free telephone: 1‑800‑899‑1265
Toll-free fax: 1‑877‑288‑8803
TTY (teletype): 1‑800‑632‑1663