GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Energy Regulator Act — C-15.1 246
Orphan Pipelines Account 246 (1) There is established an account in the accounts of Canada to be called the Orphan Pipelines Account. Amounts credited to Account (2) If a pipeline is abandoned, the surplus determined in accordance with the formula set out in subsection (3) may be paid into the Consolidated Revenue Fund and credited to the Orphan Pipelines Account, if the Commission considers it appropriate. Calculation of surplus (3) The amount of the surplus is determined in accordance with the formula A − B where A is the amount of funds or security that a company has been ordered to maintain under subsection 242 (1); and B is the total of all amounts that are both: (a) the subject of an order made under paragraph 242 (2)(a) or an authorization given under paragraph 242 (2)(b) or realized under paragraph 242 (2)(c), and (b) they are used to pay for the abandonment of the pipeline or to pay the costs and expenses related to the abandoned pipeline. Interest to be credited to Account (3.1) On April 1 of every year there is to be credited to the Orphan Pipelines Account an amount representing interest, at the rate fixed for the purposes of subsection 21(2) of the Financial Administration Act , on the balance to the credit of the Account. Amounts payable out of Account (4) Any amounts required for the purpose of paying the costs and expenses of any action or measure taken under subsection 245 (1) may be paid out of the Consolidated Revenue Fund and charged to the Orphan Pipelines Account if the Commission considers it appropriate and (a) the funds or security referred to in subsection 242 (1) are insufficient; or (b) the company is not the subject of an order under subsection 242 (1). Limit on payments (5) A payment must not be made out of the Consolidated Revenue Fund under subsection (4) in excess of the amount of the balance to the credit of the Account. Liability of company (6) A payment made out of the Orphan Pipelines Account in respect of a pipeline does not affect the liability under this Act of a company that has been granted leave to abandon a pipeline.
Canadian Energy Regulator Act — C-15.1 247
Prohibition 247 A person must not construct or operate a section or part of an international power line except in accordance with a permit issued under section 248 or a certificate issued under section 262 .
Canadian Energy Regulator Act — C-15.1 248
Issuance 248 (1) On application, the Commission must, subject to section 8 of the Impact Assessment Act , issue a permit authorizing the construction and operation of an international power line, except in the case of a power line that is designated by order of the Governor in Council under paragraph 258 (1)(a) or in respect of which an election is made under section 259 . Information (2) The application must be accompanied by the information that under the regulations is to be furnished in connection with the application.
Canadian Energy Regulator Act — C-15.1 249
Publication 249 (1) The applicant must cause to be published a notice of the application in the Canada Gazette and any other publications that the Commission considers appropriate. Waiver (2) The Commission may waive the requirement to publish the notice if it considers that there is a critical shortage of electricity caused by a terrorist activity , as defined in subsection 83.01(1) of the Criminal Code .
Canadian Energy Regulator Act — C-15.1 250
Provincial regulatory agency 250 The lieutenant governor in council of a province may designate as the provincial regulatory agency the lieutenant governor in council of the province, a provincial minister of the Crown or any other person or a board, commission or other tribunal.
Canadian Energy Regulator Act — C-15.1 251
Application 251 Sections 253 and 254 apply in respect of those parts of international power lines that are within a province in which a provincial regulatory agency is designated under section 250 but do not apply in the case of international power lines in respect of which an election is filed under section 259 .
Canadian Energy Regulator Act — C-15.1 252
Laws of a province 252 For the purposes of sections 253 to 255 , a law of a province is in relation to lines for the transmission of electricity from a place in the province to another place in that province if the law is in relation to any of the following matters: (a) the determination of their location or detailed route; (b) the acquisition, including by expropriation, or lease of land required for the purposes of those lines, the power to so acquire or lease land and the procedure for so acquiring or leasing it; (c) assessments of their impact on the environment; (d) the protection of the environment against the consequences of the construction, operation and abandonment of those lines, and the mitigation of their effects on the environment; (e) their construction and operation and the procedure to be followed in abandoning their operation.
Canadian Energy Regulator Act — C-15.1 253
Application of provincial laws 253 The laws in force in a province in relation to lines for the transmission of electricity from a place in the province to another place in that province apply in respect of parts of international power lines that are within that province.
Canadian Energy Regulator Act — C-15.1 254
Powers, duties and functions of provincial regulatory agency 254 A provincial regulatory agency designated under section 250 has, in respect of those parts of international power lines that are within that province, the powers, duties and functions that it has under the laws of the province in respect of lines for the transmission of electricity from a place in the province to another place in that province, including a power, duty or function to refuse to approve any matter or thing for which the approval of the agency is required, even though the result of the refusal is that the line cannot be constructed or operated.
Canadian Energy Regulator Act — C-15.1 255
Paramountcy 255 Conditions of permits and certificates and Acts of Parliament of general application are, for the purpose of applying the laws of a province under section 253 or 254 , paramount to those laws.
Canadian Energy Regulator Act — C-15.1 256
Further information 256 The Commission may, within a reasonable time after the publication of the notice referred to in section 249 , require the applicant to furnish any information, in addition to that required to accompany the application, that the Commission considers necessary to determine whether to make a recommendation under section 257 .
Canadian Energy Regulator Act — C-15.1 257
Recommendation and delay of issuance 257 (1) The Commission may make a recommendation to the Minister, which it must make public, that an international power line be designated by order of the Governor in Council under section 258 , and may delay issuing a permit during the period that is necessary for the purpose of making the order. Criteria (2) In determining whether to make a recommendation, the Commission must seek to avoid the duplication of measures taken in respect of the international power line by the applicant and the government of any province through which the line is to pass, and must have regard to all considerations that appear to it to be relevant, including (a) the effect of the power line on provinces other than those through which the line is to pass; (b) the impact of the construction or operation of the power line on the environment; and (c) any other considerations that may be specified in the regulations.
Canadian Energy Regulator Act — C-15.1 258
Where certificate required 258 (1) The Governor in Council may, by order, (a) designate an international power line as an international power line that is to be constructed and operated in accordance with a certificate issued under section 262 ; and (b) revoke any permit issued in respect of the line. Limitation (2) No order may be made under subsection (1) in respect of a power line more than 45 days after the issuance of a permit in respect of the line. Effect of order (3) If an order is made under subsection (1), (a) no permit is to be issued in respect of the power line; and (b) any application in respect of the line is to be dealt with as an application for a certificate.
Canadian Energy Regulator Act — C-15.1 259
Election by applicant or holder 259 The applicant for or holder of a permit or certificate may file with the Regulator, in the form prescribed by the regulations, an election that the provisions of this Act referred to in section 266 and not the laws of a province described in section 252 apply in respect of the existing or proposed international power line.
Canadian Energy Regulator Act — C-15.1 260
Effect of election 260 (1) If an election is filed under section 259 , (a) no permit is to be issued in respect of the power line; (b) any application in respect of the line is to be dealt with as an application for a certificate; and (c) any permit or certificate issued in respect of the line is revoked. Liability (2) An applicant for or holder of a permit or certificate who files an election under section 259 and who, at the time of the election, is proceeding under the laws of a province to acquire or lease land for the purpose of constructing or operating the international power line is liable to each person who has an interest in the land or, in Quebec, a right in the land, for all damages suffered and reasonable costs incurred in consequence of the abandonment of the acquisition or lease. Court of competent jurisdiction (3) An action for damages and costs referred to in subsection (2) may be brought in any court of competent jurisdiction in the province in which the land is situated.
Canadian Energy Regulator Act — C-15.1 261
Where certificate required 261 (1) The Governor in Council may, by order, (a) designate an interprovincial power line as an interprovincial power line that is to be constructed and operated in accordance with a certificate issued under section 262 ; and (b) specify considerations to which the Commission must have regard in deciding whether to issue such a certificate. Prohibition (2) A person must not construct or operate any section or part of an interprovincial power line in respect of which an order made under subsection (1) is in force except in accordance with a certificate issued under section 262 .
Canadian Energy Regulator Act — C-15.1 262
icate or refuse to approve its issuance. The Governor in Council may extend the time limit for doing so for any additional period or periods. Obligation of Commission (10) If the Governor in Council approves the issuance of the certificate, the Commission must, within seven days after the day on which the approval was given, issue the certificate. Continuation of jurisdiction and obligation (11) A failure by the Commission to comply with subsection (4) within the required time limit does not affect its jurisdiction to deal with the application or its obligation to make a decision as to whether a certificate should be issued or to dismiss the application, and anything done by it in relation to the application remains valid. Governor in Council’s power (12) Despite subsection (9), the Governor in Council may approve the issuance of the certificate or refuse to approve its issuance after the expiry of the time limit for doing so.
Canadian Energy Regulator Act — C-15.1 263
Impact Assessment Act 263 If an application under section 262 relates to a designated project , as defined in section 2 of the Impact Assessment Act , that is subject to an impact assessment under that Act, (a) the Commission’s powers, duties and functions under subsections 262 (1), (2) and (4) — other than the actual issuance of the certificate as set out in subsection 262 (10) — are to be exercised or performed by a review panel referred to in subsection 47(1) of that Act; (b) subsection 262 (3) applies with respect to the review panel’s decision; (c) the decision referred to in subsection 262 (4) is to be made within the time limit that is established under section 37.1 of that Act; (d) subsections 262 (5) to (8) do not apply with respect to the application; and (e) subsection 262 (11) applies with respect to the review panel.
Canadian Energy Regulator Act — C-15.1 264
Application 264 Sections 265 and 266 apply in respect of (a) international power lines in respect of which an election is filed under section 259 ; (b) those parts of international power lines that are within a province in which no provincial regulatory agency is designated under section 250 ; and (c) interprovincial power lines in respect of which an order made under section 261 is in force.
Canadian Energy Regulator Act — C-15.1 265
Prohibition 265 A person must not begin the construction of a section or part of an international or interprovincial power line until (a) the plan, profile and book of reference of the section or part are approved by the Commission; and (b) copies, certified by the Regulator, of the approved plan, profile and book of reference have been deposited in the land registry office or other office where title to land is recorded for the area through which the section or part is to pass.
Canadian Energy Regulator Act — C-15.1 266
Application of certain provisions 266 (1) Sections 182 and 199 to 211 and Part 6, except sections 315 to 318 , 335 , 341 and 342 , apply in respect of international and interprovincial power lines referred to in section 264 as if each reference in any of those provisions to (a) a company were a reference to the applicant for or holder of the permit or certificate issued in respect of the power line; (b) a pipeline were a reference to the international or interprovincial power line; and (c) hydrocarbons or any other commodity were a reference to electricity. Application of section 211 — navigable waters (2) If a deviation is required to be made to a part of an international power line by the holder of a permit or certificate issued in respect of the power line and the deviation passes in, on, over, under, through or across a navigable water, section 211 also applies to that part as if each reference in that section to (a) a company were a reference to the holder of the permit or certificate; and (b) a pipeline were a reference to the international power line. Application of subsection 224 (1) (3) Subsection 224 (1) applies in respect of an international or interprovincial power line referred to in section 264 as if the reference to “any of the circumstances referred to in subsection (2)” were a reference to any of the following circumstances: (a) leave has been obtained under subsection 272 (2) or (5) in respect of the power line; (b) the permit referred to in section 248 , or the certificate, issued in respect of the power line contains a condition relating to the utility referred to in subsection 224 (1); (c) the power line has been constructed in circumstances specified in an order or regulation made under subsection 272 (4); (d) a permit referred to in section 248 , or a certificate, has been issued in respect of the power line and the power line passes in, on, over, under, through or across a navigable water; and (e) leave had been obtained under section 108 of the National Energy Board Act in respect of the power line at any time before July 3, 2013. Exception (4) A reference to an abandoned pipeline in the provisions referred to in this section is not a reference to an abandoned international or interprovincial power line.
Canadian Energy Regulator Act — C-15.1 267
Construction or operation 267 A person must not construct or operate an international power line, or an interprovincial power line in respect of which an order made under section 261 is in force, that passes in, on, over, under, through or across a navigable water unless a permit referred to in section 248 or a certificate has been issued in respect of the power line.
Canadian Energy Regulator Act — C-15.1 268
Effects on navigation 268 In addition to any other factor that it considers appropriate, the Commission must take into account the effects that its decision might have on navigation, including safety of navigation, when deciding whether to issue a certificate or permit, make an order, give a direction or grant a leave, approval or exemption in respect of an international power line, or an interprovincial power line in respect of which an order made under section 261 is in force, that passes in, on, over, under, through or across a navigable water.
Canadian Energy Regulator Act — C-15.1 269
Power lines not works 269 Despite the definition work in section 2 of the Canadian Navigable Waters Act , an international power line, or an interprovincial power line in respect of which an order made under section 261 is in force, is not a work to which that Act applies.
Canadian Energy Regulator Act — C-15.1 270
Regulations 270 The Governor in Council may, for purposes related to navigation, on the joint recommendation of the Minister and the Minister of Transport, make regulations respecting sections or parts of international power lines, or of interprovincial power lines in respect of which orders made under section 261 are in force, that pass in, on, over, under, through or across a navigable water, including regulations respecting (a) their design, construction or operation; (b) the making of deviations to them; (c) their relocation; (d) the safety and security of their operation; and (e) the abandonment of their operation.
Canadian Energy Regulator Act — C-15.1 271
Application 271 (1) Sections 272 to 274 apply in respect of (a) international power lines in respect of which an election is filed under section 259 ; (b) those parts of international power lines that are within a province in which no provincial regulatory agency is designated under section 250 ; (c) international power lines if the facility in question is within the legislative authority of Parliament; and (d) interprovincial power lines in respect of which an order made under section 261 is in force. Application of section 273 — navigable waters (2) Section 273 also applies in respect of the part of an international power line for which a permit or certificate is in force and that passes in, on, over, under, through or across a navigable water. Application of section 274 — navigable waters (3) Section 274 also applies in respect of an international power line for which a permit or certificate is in force if the Commission is of the opinion that the relocation of the power line in, on, over, under, through or across a navigable water is necessary to facilitate the construction, reconstruction or relocation of a facility.
Canadian Energy Regulator Act — C-15.1 272
Construction — facility 272 (1) A person must not construct an international or interprovincial power line that passes on, over, along or under a facility unless a permit referred to in section 248 , or a certificate, has been issued in respect of the power line and (a) the permit or certificate contains a condition relating to that facility; (b) the person has been granted leave under subsection (2); or (c) the person is constructing the power line in circumstances specified in an order or regulation made under subsection (4). Authority to grant leave (2) On application, the Commission may, by order, grant a person leave to construct an international or interprovincial power line that passes on, over, along or under a facility. It may require from the applicant any plans, profiles and other information that it considers necessary to consider the application. Conditions (3) The leave may be granted in whole or in part and be subject to conditions. Circumstances (4) The Regulator may specify circumstances for the purposes of paragraph (1)(c) by regulation, and the Commission may do so by order. Leave in emergency cases (5) The Commission may grant leave under subsection (2) after construction of the work has commenced if it is satisfied that the work was urgently required and, before the commencement of construction, it was notified of the person’s intention to proceed with the work.
Canadian Energy Regulator Act — C-15.1 273
Prohibition — construction or ground disturbance 273 (1) It is prohibited for any person to construct a facility across, on, along or under an international or interprovincial power line or engage in an activity that causes a ground disturbance within the prescribed area unless the construction or activity is authorized by the orders or regulations made under section 275 and done in accordance with them. Prohibition — vehicles and mobile equipment (2) It is prohibited for any person to operate a vehicle or mobile equipment across an international or interprovincial power line unless (a) that operation is authorized by orders or regulations made under section 275 and done in accordance with them; or (b) the vehicle or mobile equipment is operated within the travelled portion of a highway or public road. Order (3) The Commission may, by order, direct the owner of a facility constructed across, on, along or under an international or interprovincial power line in contravention of this Act, the Commission’s orders or the regulations to do anything that the Commission considers necessary for the safety or security of the line and, if the Commission considers that the facility may impair the safety or security of the operation of the line, direct the owner to reconstruct, alter or remove the facility.
Canadian Energy Regulator Act — C-15.1 274
Relocation 274 (1) On the conditions that it considers appropriate, the Commission may, by order, direct the holder of a permit or certificate issued in respect of an international or interprovincial power line to relocate a section or part of the power line if the Commission is of the opinion that the relocation is necessary to facilitate the construction, reconstruction or relocation of a facility. Costs of relocation (2) The Commission may, by order, direct by whom and to whom the costs of the relocation are to be paid. Procedures (3) The Commission must not make an order under subsection (1) unless the procedures set out in sections 201 to 205 have been complied with in respect of the section or part to be relocated. Procedures (4) The Commission may, by order, direct the holder of a permit or certificate issued in respect of an international or interprovincial power line to carry out any of the procedures set out in sections 201 to 205 that the holder would be required to carry out if the holder had submitted to the Regulator a plan, profile and book of reference under subsection 199 (1). Application of certain provisions (5) Sections 201 to 205 apply in respect of any matter related to the carrying out of the procedures set out in those sections as if each reference in those sections to (a) a company were a reference to the holder of the permit or certificate issued in respect of the international or interprovincial power line; and (b) a pipeline were a reference to the international or interprovincial power line. Costs of representations to Commission (6) The Commission may, by order, (a) fix an amount that it considers reasonable in respect of the interim or final costs incurred by any person who made or will make representations to the Commission under this section; and (b) direct by whom and to whom the amount is to be paid.