GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Energy Regulator Act — C-15.1 329
Form of compensation payment if land taken 329 (1) If the Commission makes an award of compensation in favour of a person whose lands are taken by a company, the Commission must, by order, direct, at the option of that person, that the compensation or any part of it be made by one lump sum payment or by periodic payments of equal or different amounts over a specified period of time. Other awards (2) If the Commission makes an award of compensation in favour of any person other than a person referred to in subsection (1), the Commission may, by order, direct, at the request of that person, that the compensation or any part of it be made by periodic payments of equal or different amounts over a specified period of time and that there be a periodic review of the compensation or part of the compensation. Terms to be included in award (3) Every award of compensation made by the Commission in respect of lands acquired or leased by a company must include provision for those matters referred to in paragraphs 321 (2)(b) to (h) that would be required to be included in a land acquisition or lease agreement referred to in section 321 . Interest may be payable (4) The Commission may, by order, direct a company to pay interest on the amount of any compensation awarded by the Commission at the lowest rate of interest quoted by banks to the most credit-worthy borrowers for prime business loans, as determined and published by the Bank of Canada for the month in which, as the case may be, (a) the company entered the lands in respect of which the compensation is awarded; or (b) the damages suffered as a result of the operations of the company first occurred. Period during which interest payable (5) Interest may be awarded under subsection (4) from the date the event referred to in paragraph (4)(a) or (b), as the case may be, occurred or from any later date that the Commission may specify in its award.
Canadian Energy Regulator Act — C-15.1 330
Costs 330 (1) If the amount of compensation awarded to a person by the Commission exceeds 85% of the amount of compensation offered by the company, the company must pay all legal, appraisal and other costs determined by the Commission to have been reasonably incurred by that person in asserting that person’s claim for compensation. Costs (2) If the amount of compensation awarded to a person by the Commission does not exceed 85% of the amount of compensation offered by the company, the legal, appraisal and other costs incurred by that person in asserting their claim for compensation are at the discretion of the Commission, and the Commission may, by order, direct the company or any other party to the proceedings to pay the whole or any part of those costs.
Canadian Energy Regulator Act — C-15.1 331
Decisions 331 The Commission must, within seven days after it makes a decision on an application, ensure that a copy of the decision is forwarded by mail to the company and to each other party to the proceeding.
Canadian Energy Regulator Act — C-15.1 332
Agreements supersede Commission decisions 332 If, at any time after a decision of the Commission has been made in respect of lands acquired or leased by a company, the parties affected enter into a land acquisition or lease agreement referred to in subsection 321 (1), the agreement supersedes the decision of the Commission.
Canadian Energy Regulator Act — C-15.1 333
Regulations 333 The Regulator may, with the approval of the Governor in Council, make regulations respecting the acquisition, lease or taking of lands and compensation matters, including regulations (a) prescribing compensation matters related to the operation of section 335 ; (b) respecting the form and manner in which a notice is served for the purpose of section 201 and subsection 322 (1); (c) respecting the procedures for the acquisition, lease or taking of lands for the purpose of subsection 321 (1); (d) prescribing additional terms to be added to those that must be included in a land acquisition or lease agreement under paragraphs 321 (2)(a) to (g); (e) prescribing additional factors to be added to those that the Commission must consider under paragraphs 327 (2)(a) to (i); (f) governing the procedures for the Commission to make orders under section 334 ; (g) respecting the receipt and holding by the Regulator of copies of any agreements referred to in subsection 321 (1) that are submitted voluntarily by a company and owner of the lands in question; (h) prescribing any matter or thing that by this Part is to be or may be prescribed; and (i) generally to carry out the purposes and provisions of this Part.
Canadian Energy Regulator Act — C-15.1 334
Orders of Commission 334 (1) On application, the Commission may, by order, give directions, including to determine any compensation payable under this Part, with respect to pipelines and abandoned pipelines in relation to (a) the acquisition, lease or taking of lands; (b) lands whose use is restricted by the operation of section 335 , whether or not the lands were acquired, leased or taken; and (c) damages caused by the activities of the company to any person, provincial government, local authority and government or Indigenous governing body during their planning, construction, operation or abandonment. Factors to consider (2) In determinating any compensation matter under paragraph (1)(a), the Commission must consider the factors referred to in paragraphs 327 (2)(a) to (j).
Canadian Energy Regulator Act — C-15.1 335
empt any person from the application of an order made under subsection (4) or a regulation made under subsection (5) or (6). Offence and punishment (9) Every person who contravenes subsection (1) or (2), an order made under subsection (3) or (4) or a regulation made under subsection (5) or (6) is guilty of an offence and liable (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both; or (b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or to both. Application of subsections 379 (2) to (6) (10) Subsections 379 (2) to (6) apply, with any modifications that the circumstances require, to an offence under subsection (9).
Canadian Energy Regulator Act — C-15.1 336
Protection of mines 336 A company must not, without a designated officer having, by order, authorized it to do so, locate the line of its proposed pipeline, or construct the pipeline or any portion of the pipeline, so as to obstruct or interfere with or injuriously affect the working of or the access or adit to a mine then open, or for the opening of which preparations are, at the time of the location, being lawfully and openly made.
Canadian Energy Regulator Act — C-15.1 337
Right to minerals 337 A company is not, unless they have been expressly purchased, entitled to mines, ores, metals, coal, slate, oil, gas or other minerals in or under lands purchased by it, or taken by it under compulsory powers given to it by this Act, except only the parts of them that are necessary to be dug, carried away or used in the construction of the works, and, except as provided in this section, all those mines and minerals are deemed to be excepted from the transfer of the lands, unless they have been expressly included in the transfer documents.
Canadian Energy Regulator Act — C-15.1 338
Protection of pipeline from mining operations 338 (1) A person must not work or prospect for mines or minerals lying under a pipeline or any of the works connected with the pipeline, or within 40 m of the pipeline, without a designated officer having, by order, authorized it to do so. Use of oil and gas (2) Despite subsection (1), an order from a designated officer is not required in the case of a well taking oil or gas from lands lying under a pipeline or any of the works connected with the pipeline if the well is not drilled within 40 m of the pipeline. Application for order (3) On an application for an order under subsection (1), the applicant must submit a plan and profile of the portion of the pipeline to be affected, giving all reasonable and necessary information respecting the proposed operations. Conditions of order (4) The designated officer may grant the application referred to in subsection (3), subject to any conditions for the protection, safety or security of persons that the designated officer considers appropriate, and may, by order, direct that any things be done that under the circumstances the designated officer considers to be best adapted to remove or diminish the danger arising or likely to arise from the proposed operations.
Canadian Energy Regulator Act — C-15.1 339
Examination of site of mining operations 339 If necessary in order to ascertain whether any mining or prospecting operations have been carried on so as to injure or be detrimental to a pipeline or its safety or security or the safety or security of persons, a company may, if a designated officer, by order, authorizes it to do so and after giving 24 hours notice in writing, enter on any lands through or near which its pipeline passes where any mining or prospecting operations are being carried on, and enter into and return from the site of the operations, and for those purposes the company may make use of any apparatus used in connection with the operations and use all necessary means for discovering the distance from its pipeline to the place where the operations are being carried on.
Canadian Energy Regulator Act — C-15.1 340
Compensation for severance, etc., of mining property 340 A company must, from time to time, pay to the owner, lessee or occupier of any mines any compensation that the Commission fixes and, by order, directs to be paid for or by reason of any severance by a pipeline of the land lying over the mines, the working of the mines being prevented, stopped or interrupted, or the mines having to be worked in any manner and under any restrictions so as not to injure or be detrimental to the pipeline, and also for any minerals not purchased by the company that cannot be obtained by reason of the construction and operation of its line.
Canadian Energy Regulator Act — C-15.1 341
Assets of company subject to executions 341 (1) Nothing in this Act restricts or prohibits any of the following transactions: (a) the sale under execution of any property of a company; (b) the creation of any lien, mortgage, hypothec, charge or other security on the property of the company, or of any prior claim or right of retention within the meaning of the Civil Code of Québec or any other statute of Quebec with respect to property of the company; (c) the sale, elsewhere than in Quebec, under an order of a court of any property of the company to enforce or realize on any lien, mortgage, charge or other security on the property of the company; (d) the sale, in Quebec, under an order of a court or by judicial authority, of any property of the company to enforce or realize on any hypothec, charge or other security on the property of the company; and (e) the exercise of remedies for the enforcement and realization of any prior claim referred to in paragraph (b) or the exercise of any right of retention referred to in that paragraph. Application of provincial law (2) A transaction mentioned in subsection (1) in respect of any property of a company is subject to the same laws to which it would be subject if the work and undertaking of the company were a local work or undertaking in the province in which that property is situated.
Canadian Energy Regulator Act — C-15.1 342
Construing Special Acts 342 Except as otherwise provided in this Part, (a) this Act must be construed as incorporate with a Special Act; and (b) in the event of an inconsistency between a provision of this Part and of a provision of a Special Act, the provision of the Special Act prevails to the extent of the inconsistency.
Canadian Energy Regulator Act — C-15.1 343
Prohibition — export 343 A person must not export oil or gas except in accordance with a licence issued under this Part or as authorized under the regulations made under this Part.
Canadian Energy Regulator Act — C-15.1 344
Issuance 344 (1) Subject to the regulations, the Commission may, with the Minister’s approval, issue licences for the exportation of oil or gas and impose conditions on them. Compliance (2) Every licence is subject to the condition that the provisions of this Act and its regulations, as well as every order made under this Act, will be complied with.
Canadian Energy Regulator Act — C-15.1 345
Criteria 345 The Commission must not issue a licence unless it is satisfied that the quantity of oil or gas to be exported does not exceed the surplus remaining after allowance has been made for the reasonably foreseeable requirements for use in Canada, having regard to trends in the discovery of oil or gas in Canada.
Canadian Energy Regulator Act — C-15.1 346
Time limit 346 (1) The Commission must decide whether to issue a licence for the exportation of oil or gas within 180 days after the day on which the Commission considers that the applicant has provided a complete application. The Commission must make that day public. Continuation of jurisdiction (2) A failure by the Commission to comply with subsection (1) within the required time limit does not affect its jurisdiction to issue the licence and anything done by it in relation to the issuance of that licence remains valid. Excluded period (3) If the Commission requires that the applicant provide information or undertake a study with respect to the application and the Commission states publicly that this subsection applies, the period that is taken by the applicant to comply with the requirement is not included in the calculation of the time limit. Public notice of excluded period (4) The Commission must make the day on which the period referred to in subsection (3) begins and the day on which it ends public as soon as each day is known. Extension (5) The Minister may, by order, extend the time limit by a maximum of 90 days. The Governor in Council may, on the Minister’s recommendation, by order, further extend that time limit by any additional period or periods of time.
Canadian Energy Regulator Act — C-15.1 346.1
Maximum validity — liquefied natural gas 346.1 (1) The period of validity of a licence for the exportation of liquefied natural gas begins on a date to be fixed in the licence and must not exceed 50 years. Definitions (2) The following definitions apply in this section and section 353. liquefied natural gas means natural gas that is in a liquid state. ( gaz naturel liquéfié ) natural gas means a mixture of gas that is composed of at least 85% methane and that may also contain other hydrocarbons that, at a temperature of 15°C and an absolute pressure of 101.325 kPa, are in a gaseous state, as well as minor amounts of non-hydrocarbon gas and impurities. ( gaz naturel ) 2026, c. 3, s. 593
Canadian Energy Regulator Act — C-15.1
liquefied natural gas means natural gas that is in a liquid state. ( gaz naturel liquéfié )
Canadian Energy Regulator Act — C-15.1
natural gas means a mixture of gas that is composed of at least 85% methane and that may also contain other hydrocarbons that, at a temperature of 15°C and an absolute pressure of 101.325 kPa, are in a gaseous state, as well as minor amounts of non-hydrocarbon gas and impurities. ( gaz naturel )
Canadian Energy Regulator Act — C-15.1 347
Ministerial approval 347 (1) The Minister must decide whether to grant his or her approval of the issuance of a licence for the exportation of oil or gas within 90 days after the day on which the Commission makes its decision under subsection 346 (1). Continuation of jurisdiction (2) Despite subsection (1), if the Minister grants his or her approval after the expiry of the time limit for doing so, the Commission’s jurisdiction to issue the licence is not affected and anything done by it in relation to the issuance of that licence remains valid. Period for issuing licences (3) The Commission must issue the licence within seven days after the day on which the Minister grants his or her approval.
Canadian Energy Regulator Act — C-15.1 348
Variation of licences 348 (1) The Commission may, on application or its own initiative, vary a licence issued under this Division. However, if the Commission considers that the variation is neither minor nor technical in nature, the Commission must not do so without the approval of the Minister. Public interest (2) The Minister may approve a variation under subsection (1) if he or she considers that it is in the public interest to do so. Conditions (3) In varying a licence, the Commission may impose — in addition to or in lieu of any conditions to which the licence was previously subject — any conditions that the Commission considers necessary or appropriate to give effect to the purposes and provisions of this Act.
Canadian Energy Regulator Act — C-15.1 349
Transfer of licences 349 (1) The Commission may, on application, transfer a licence issued under this Division. However, if the Commission considers that the transfer is neither minor nor technical in nature, the Commission must not do so without the approval of the Minister. Public interest (2) The Minister may approve a transfer of a licence if he or she considers that it is in the public interest to do so. Conditions (3) In transferring a licence, the Commission may impose — in addition to or in lieu of any conditions to which the licence was previously subject — any conditions that the Commission considers necessary or appropriate to give effect to the purposes and provisions of this Act.
Canadian Energy Regulator Act — C-15.1 350
Suspension or revocation of licences — application or consent 350 The Commission may, by order, suspend or revoke a licence issued under this Division if the holder applies for or consents to the suspension or revocation.
Canadian Energy Regulator Act — C-15.1 351
Suspension or revocation of licences — contravention 351 (1) The Commission may, by order, suspend or revoke a licence issued under this Division if the holder has contravened a condition of the licence. Suspension or revocation of licences — public interest (2) The Commission may, by order and with the approval of the Minister, suspend or revoke a licence issued under this Division if the Commission considers that it is in the public interest to do so. Notice to licence holder (3) The Commission must not make an order under subsection (1) or (2) unless the Commission provides the holder of the licence with notice of the alleged contravention or the reasons why it considers a suspension or revocation to be in the public interest, as the case may be, and gives the holder an opportunity to be heard.
Canadian Energy Regulator Act — C-15.1 352
Importer 352 Unless exempted by the regulations, for each prescribed reporting period every person who imports oil or gas must provide the prescribed information to the Regulator in the prescribed form and manner.
Canadian Energy Regulator Act — C-15.1 353
Regulations 353 (1) The Governor in Council may make regulations for the purposes of this Division, including regulations (a) respecting the quantities that may be exported under licences, the period of validity of licences — other than licences for the exportation of liquefied natural gas — and any other conditions to which licences may be subject; (b) authorizing the Commission to make orders authorizing the exportation of oil or gas and prescribing the circumstances in which the Commission may make, and the conditions that may be included in, those orders; (c) prescribing the conditions under which the exportation of oil or gas may be carried out without a licence; (d) prescribing the inspection of any instruments, devices, plant, equipment, books, records or accounts or any other thing used for or in connection with the exportation or importation of oil or gas; (e) prescribing the immediate measures to take in respect of oil or gas seized by an officer referred to in section 380 ; (f) prescribing, in respect of oil or gas the exportation of which is authorized under this Part, or any quality, kind or class of that oil or gas or type of service relating to it, the price at which or the range of prices within which that oil or gas must be sold; and (g) exempting oil or gas that is exported to Chile or Costa Rica, or any quality, kind or class of that oil or gas or type of service relating to it, from the application of regulations made under paragraph (f). Maximum validity (2) The period of validity referred to in paragraph (1)(a) begins on a date to be fixed in the licence and must not exceed (a) 40 years, in the case of a licence for the exportation of natural gas; and (b) 25 years, in any other case. Different prices or ranges of prices (3) Regulations made under paragraph (1)(f) may prescribe different prices or ranges of prices in respect of different countries. 2019, c. 28, s. 10 “353” 2020, c. 1, s. 207 2026, c. 3, s. 594
Canadian Energy Regulator Act — C-15.1 354
Regulations — Governor in Council approval 354 (1) Subject to the approval of the Governor in Council, the Regulator may make regulations (a) exempting persons or classes of persons from the application of section 352 ; and (b) prescribing anything that is to be prescribed under that section. Regulations — Regulator (2) The Regulator may make regulations (a) respecting the information to be provided by applicants for licences and the procedure to be followed in applying for licences and in issuing licences; and (b) prescribing units of measurement and measuring instruments or devices to be used in connection with the exportation or importation of oil or gas.
Canadian Energy Regulator Act — C-15.1 355
Export 355 A person must not export electricity except in accordance with a permit issued under section 356 or a licence issued under section 361 .
Canadian Energy Regulator Act — C-15.1 356
Issuance 356 (1) Except in the case of an application designated by order of the Governor in Council under section 360 , the Commission must, on application to it and without holding a public hearing, issue a permit authorizing the exportation of electricity. Information (2) The application must be accompanied by any information prescribed by regulation.
Canadian Energy Regulator Act — C-15.1 357
Publication 357 (1) The applicant must cause a notice of the application to be published in the Canada Gazette and in any other publication that the Commission considers appropriate. Waiver (2) The Commission may waive the requirement set out in subsection (1) if it considers that there is a critical shortage of electricity outside Canada caused by terrorist activity , as defined in subsection 83.01(1) of the Criminal Code .
Canadian Energy Regulator Act — C-15.1 358
Further information 358 The Commission may, within a reasonable time after the publication of the notice, require the applicant to provide any additional information that the Commission considers necessary to determine whether to make a recommendation under section 359 .