GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Energy Regulator Act — C-15.1 14
Establishment and composition 14 (1) The Regulator is to have a board of directors consisting of at least five but not more than nine directors, including a Chairperson and a Vice-Chairperson. Indigenous representation (2) At least one of the directors must be an Indigenous person.
Canadian Energy Regulator Act — C-15.1 15
Appointment 15 (1) The Chairperson, Vice-Chairperson and the other directors are to be appointed by the Governor in Council to hold office on a part-time basis and during pleasure for a term not exceeding five years. Reappointment (2) A director may be reappointed in the same or another capacity for one or more terms of up to five years each. Eligibility — directors (3) A person is not eligible to be a director if they are the Chief Executive Officer, a commissioner or an employee of the Regulator. Eligibility — Chairperson and Vice-Chairperson (4) A person is not eligible to be Chairperson or Vice-Chairperson unless they are a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act . Remuneration and expenses (5) A director is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and other expenses while performing their duties and functions under this Act while absent from their ordinary place of residence.
Canadian Energy Regulator Act — C-15.1 16
Conflict of Interest Act 16 For the purposes of the Conflict of Interest Act , the circumstances in which a director is in a conflict of interest while exercising the powers or performing the duties and functions of a director include (a) engaging in, as owner, shareholder, director, officer, partner or in any other way, the business of producing, selling, buying, transmitting, exporting, importing or otherwise dealing in hydrocarbons, electricity or offshore energy; (b) holding any bond, debenture or other security of a corporation engaged in any such business; and (c) holding other employment that is inconsistent with their powers, duties and functions or with any provision of this Act or a regulation made under it.
Canadian Energy Regulator Act — C-15.1 17
Role of the board of directors 17 (1) The board of directors is responsible for the governance of the Regulator and its governance functions include providing strategic direction and advice to the Regulator. The board of directors must not however give directions or provide advice with respect to any particular decision, order or recommendation that is made by the Commission or a commissioner. By-laws (2) The board of directors may make by-laws respecting the conduct of its meetings and the general conduct of its activities. Quorum (3) A majority of the directors holding office, including the Chairperson, constitutes a quorum of the board of directors.
Canadian Energy Regulator Act — C-15.1 18
Annual report 18 (1) The board of directors must, within 120 days after the end of each fiscal year, submit to the Minister a report on the Regulator’s activities under this Act for that fiscal year, and the Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is received. Other reports (2) The board of directors may submit a report to the Minister on the Regulator’s activities if the board considers it appropriate to do so. Definition of fiscal year (3) For the purposes of subsection (1), fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year.
Canadian Energy Regulator Act — C-15.1 19
Role of Chairperson 19 (1) The Chairperson presides over meetings of the board of directors and may perform any duties or functions that are assigned to him or her by the board. Acting Chairperson (2) If the Chairperson is absent or is unable to act or if there is a vacancy in that office, the Vice-Chairperson acts as Chairperson. Governor in Council approval (3) The Vice-Chairperson is not authorized to act as Chairperson for a period of more than 90 days without the approval of the Governor in Council.
Canadian Energy Regulator Act — C-15.1 20
Vacancy 20 A vacancy in the board of directors does not impair the right of the remaining directors to act.
Canadian Energy Regulator Act — C-15.1 21
Appointment 21 (1) The Chief Executive Officer of the Regulator is to be appointed by the Governor in Council on the recommendation of the Minister after the Minister has consulted the directors. Term (2) The Chief Executive Officer is to hold office on a full-time basis during pleasure for a term of up to six years. Reappointment (3) The Chief Executive Officer may be reappointed for one or more terms of up to six years each. However, the Chief Executive Officer is to serve no more than 10 years in office in total. Eligibility (4) A person is not eligible to be the Chief Executive Officer unless they are a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act . Eligibility (5) A director is not eligible to be the Chief Executive Officer. Remuneration and expenses (6) The Chief Executive Officer is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and other expenses while performing his or her duties and functions under this Act while absent from his or her ordinary place of work.
Canadian Energy Regulator Act — C-15.1 22
Conflict of Interest Act 22 For the purposes of the Conflict of Interest Act , the circumstances in which the Chief Executive Officer is in a conflict of interest while exercising the powers or performing the duties and functions of the Chief Executive Officer include (a) engaging in, as owner, shareholder, director, officer, partner or in any other way, the business of producing, selling, buying, transmitting, exporting, importing or otherwise dealing in hydrocarbons, electricity or offshore energy; (b) holding any bond, debenture or other security of a corporation engaged in any such business; (c) holding other employment that is inconsistent with the Chief Executive Officer’s powers, duties and functions or with any provision of this Act or a regulation made under it; and (d) holding office as a commissioner or being employed by the Regulator.
Canadian Energy Regulator Act — C-15.1 23
Role of Chief Executive Officer 23 (1) The Chief Executive Officer is responsible for the management of the Regulator’s day-to-day business and affairs, including the supervision of its employees and their work. The Chief Executive Officer must not however give directions with respect to any particular decision, order or recommendation that is made by the Commission or a commissioner. Rank of deputy head (2) The Chief Executive Officer has the rank and the powers of a deputy head of a department. Acting Chief Executive Officer (3) If the Chief Executive Officer is absent or unable to act or if there is a vacancy in that office, an executive of the Regulator designated by the Minister acts as Chief Executive Officer. Governor in Council approval (4) The executive referred to in subsection (3) is not authorized to act as Chief Executive Officer for a period of more than 90 days without the approval of the Governor in Council.
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Designated officers 24 The Chief Executive Officer may designate employees of the Regulator as designated officers.
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For greater certainty 25 For greater certainty, the Chief Executive Officer is responsible for the provision of the support services and the facilities that are needed by the Commission to exercise its powers and perform its duties and functions in accordance with the rules that apply to its work.
Canadian Energy Regulator Act — C-15.1 26
Commission 26 (1) The Regulator is to have a Commission that consists of up to seven full-time commissioners. It may also include a complement of part-time commissioners. Indigenous representation (2) At least one of the full-time commissioners must be an Indigenous person.
Canadian Energy Regulator Act — C-15.1 27
Quorum 27 Subject to subsection 42 (2), sections 45 to 47 and subsection 48 (2), three commissioners constitutes a quorum of the Commission.
Canadian Energy Regulator Act — C-15.1 28
Appointment 28 (1) The commissioners are to be appointed by the Governor in Council to hold office during good behaviour for a term not exceeding six years. Reappointment (2) A commissioner may be reappointed for one or more terms of up to six years each. However, a commissioner is to serve no more than 10 years in office in total. Removal (3) The Governor in Council may remove a commissioner for cause. Eligibility (4) A person is not eligible to be a commissioner unless they are a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act . Eligibility (5) A director is not eligible to be a commissioner. Remuneration and expenses — full-time commissioner (6) A full-time commissioner is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and other expenses while performing their duties and functions under this Act while absent from their ordinary place of work. Remuneration and expenses — part-time commissioner (7) A part-time commissioner is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and other expenses while performing their duties and functions under this Act while absent from their ordinary place of residence.
Canadian Energy Regulator Act — C-15.1 29
Conflict of Interest Act 29 For the purposes of the Conflict of Interest Act , the circumstances in which a commissioner is in a conflict of interest while exercising the powers or performing the duties and functions of a commissioner include (a) engaging in, as owner, shareholder, director, officer, partner or in any other way, the business of producing, selling, buying, transmitting, exporting, importing or otherwise dealing in hydrocarbons, electricity or offshore energy; (b) holding any bond, debenture or other security of a corporation engaged in any such business; (c) holding other employment that is inconsistent with their powers, duties and functions or with any provision of this Act or a regulation made under it; and (d) holding office as the Chief Executive Officer or being employed by the Regulator.
Canadian Energy Regulator Act — C-15.1 30
Vacancy 30 A vacancy in the Commission does not impair the right of the remaining commissioners to act.
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Court of record 31 (1) The Commission is a court of record and the Regulator’s seal must be judicially noticed as the Commission’s official seal. Powers (2) The Commission has all the powers, rights and privileges vested in a superior court of record with respect to any matters within its jurisdiction, including the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders and the entry on and inspection of property. Expeditious applications and proceedings (3) All applications and proceedings before the Commission must be dealt with as expeditiously as the circumstances and procedural fairness and natural justice permit, but, in any case, within any time limit provided for under this Act.
Canadian Energy Regulator Act — C-15.1 32
Jurisdiction 32 (1) The Commission has full and exclusive jurisdiction to inquire into, hear and determine any matter if the Commission considers that (a) a person has failed to do anything that is required to be done under this Act, under a condition of a document of authorization, or under an order made or direction given under this Act; (b) a person has done or is doing anything that is contrary to or in contravention of this Act, a condition of a document of authorization or an order made or direction given under this Act; or (c) the circumstances may require the Commission, in the public interest, to make any order or give any direction, leave, sanction or approval that it is authorized to make or give, or that relates to anything that is prohibited, sanctioned or required to be done under this Act, a condition of a document of authorization, or an order made or direction given under this Act. Inquiry (2) The Commission may inquire into any accident involving a pipeline, abandoned pipeline, international power line, offshore renewable energy project, offshore power line or other facility the construction or operation of which is regulated by the Regulator and may, at the conclusion of the inquiry, make (a) findings as to the cause of the accident or factors contributing to it; (b) recommendations relating to the prevention of future similar accidents; or (c) any decision or order that the Commission is authorized to make. Matters of law and fact (3) For the purposes of this Act, the Commission has full jurisdiction to hear and determine all matters, whether of law or of fact.
Canadian Energy Regulator Act — C-15.1 33
Power to act on own initiative 33 The Commission may on its own initiative inquire into, hear and determine any matter that under this Act it may inquire into, hear and determine.
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Orders and prohibitions 34 The Commission may (a) order any person to do, immediately or within or at any specified time and in any specified manner, anything that the person is or may be required to do under this Act, under a condition of a document of authorization, or under any order made or direction given by the Commission or a designated officer under this Act; and (b) prohibit the doing or continuing of anything that is contrary to this Act, to a condition of the document of authorization or to the order or direction.
Canadian Energy Regulator Act — C-15.1 35
Rules 35 The Commission may make rules generally for the carrying out of its work and the management of its internal affairs, including rules respecting (a) the powers, duties and functions of the commissioners; (b) its sittings; (c) its decisions, orders and recommendations; and (d) its procedures and practices.
Canadian Energy Regulator Act — C-15.1 36
Annual report 36 (1) The Commission must, within 120 days after the end of each fiscal year, submit to the Minister a report on the Commission’s activities under this Act for that fiscal year, and the Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is received. Other reports (2) The Commission may submit a report to the Minister on the Commission’s activities if the Commission considers it appropriate to do so. Definition of fiscal year (3) For the purposes of subsection (1), fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year.
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Designation 37 The Governor in Council must designate one of the full-time commissioners to hold office as Lead Commissioner and one of the full-time commissioners to hold office as Deputy Lead Commissioner.
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Role of Lead Commissioner 38 The Lead Commissioner is responsible for the business and affairs of the Commission and, in particular, is responsible for apportioning the Commission’s work among the commissioners and for establishing panels — of at least three commissioners — to exercise the powers of the Commission and perform its duties and functions in relation to a matter before it.
Canadian Energy Regulator Act — C-15.1 39
Acting Lead Commissioner 39 (1) The Deputy Lead Commissioner acts as Lead Commissioner if the Lead Commissioner is absent or unable to act or if there is a vacancy in that office. Governor in Council approval (2) The Deputy Lead Commissioner is not authorized to act as Lead Commissioner for a period of more than 90 days without the approval of the Governor in Council.
Canadian Energy Regulator Act — C-15.1 40
Acting Lead and Deputy Lead Commissioners 40 (1) If both the Lead Commissioner and Deputy Lead Commissioner are absent or unable to act or if there are vacancies in both of those offices, a commissioner designated by the Minister acts as Lead Commissioner. Governor in Council approval (2) The designated commissioner is not authorized to act as Lead Commissioner for a period of more than 90 days without the approval of the Governor in Council.
Canadian Energy Regulator Act — C-15.1 41
Instructions regarding timeliness 41 To ensure that an application before the Commission is dealt with in a timely manner, the Lead Commissioner may give instructions to the commissioners authorized to deal with the application respecting the manner in which they are to do so.
Canadian Energy Regulator Act — C-15.1 42
Measures to meet time limit 42 (1) If the Lead Commissioner is satisfied that a time limit imposed under any of sections 183 , 214 and 262 is not likely to be met in respect of an application, the Lead Commissioner may take any measure that he or she considers appropriate to ensure that the time limit is met, including (a) removing any or all commissioners from a panel authorized to deal with the application; (b) authorizing one or more commissioners to deal with the application; and (c) increasing or decreasing the number of commissioners dealing with the application. Clarification (2) For greater certainty, the power referred to in subsection (1) includes the power to designate a single member, including the Lead Commissioner, as the sole commissioner who is authorized to deal with the application.
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Inconsistencies 43 In the event of any inconsistency between a instruction given under section 41 or a measure taken under subsection 42 (1) and any rule made under section 35 , the instruction or measure prevails to the extent of the inconsistency.
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Non-application 44 For greater certainty, sections 41 and 42 do not apply to an application with respect to a designated project , as defined in section 2 of the Impact Assessment Act , that is subject to an impact assessment under that Act.
Canadian Energy Regulator Act — C-15.1 45
Authorization — powers, duties and functions 45 (1) The Lead Commissioner may authorize one or more commissioners, either jointly or severally, to exercise any of the powers of the Commission or to perform any of its duties and functions under this Act, except those under sections 95 , 183 , 184 , 186 , 195 to 197 , subsection 211 (3), sections 212 to 214 , 231 to 234 , 238 to 240 , 248 , 257 , 262 , 274 , 285 to 287 , 289 and under Parts 7 and 8. Presumption (2) A power exercised or a duty or function performed under the authorization is considered to have been exercised or performed by the Commission.
Canadian Energy Regulator Act — C-15.1 46
Authorization — report 46 (1) The Lead Commissioner may authorize one or more of the commissioners to report to the Commission on any matter related to the work of the Commission or any application or proceeding before it. For the purpose of making a report related to an application or proceeding before the Commission, the authorized commissioners have all the powers of the Commission with respect to taking evidence or acquiring information. Not a quorum (2) Despite section 27 of this Act and paragraph 22(2)(a) of the Interpretation Act , three or more commissioners authorized to report in accordance with subsection (1) do not constitute a quorum of the Commission. Use of report (3) A report to the Commission under subsection (1) may be adopted as a decision or order of the Commission or be dealt with as the Commission considers appropriate.
Canadian Energy Regulator Act — C-15.1 47
Replacement of commissioner during hearing 47 (1) If a commissioner who is conducting a hearing in accordance with an authorization under section 45 or 46 is unable to act or resigns during the hearing, the Lead Commissioner may authorize another commissioner to continue the hearing and to make the decision or report. Replacement of commissioner before decision or report (2) If a commissioner who is conducting a hearing in accordance with an authorization under section 45 or 46 is unable to act or resigns after the conclusion of the hearing but before the decision or report is made, the Lead Commissioner may authorize another commissioner to examine all the evidence presented at the hearing and to make the decision or report on the basis of that evidence.
Canadian Energy Regulator Act — C-15.1 48
Replacement of panel member during hearing 48 (1) If a panel is conducting a hearing and a commissioner on the panel is unable to act or resigns during the hearing, the Lead Commissioner may authorize another commissioner to replace that commissioner for the rest of the hearing and to participate in the decision or, as applicable, finalize the report required under subsection 183 (1). Replacement of panel member before decision or report (2) If a panel is conducting a hearing and a commissioner on the panel is unable to act or resigns after the conclusion of the hearing but before the decision is made or, as applicable, the report required under subsection 183 (1) is finalized, the remaining commissioners may — if unanimous — make the decision or finalize the report as if the commissioner were present and participating.
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Lead Commissioner’s powers 49 Nothing in section 47 or subsection 48 (1) precludes the Lead Commissioner from taking a measure under subsection 42 (1).
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Change in composition of panel 50 If the composition of a panel changes in accordance with subsection 42 (1) or 48 (1), (a) evidence and representations received by the Commission in relation to the matter being dealt with by the panel before the change are considered to have been received after the change; and (b) the Commission is bound by every decision made by the Commission in relation to the matter being dealt with by the panel before the change unless the Commission elects to review, vary or rescind it.
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Authorization to continue 51 If a commissioner resigns or their term expires, the Lead Commissioner may, on any conditions he or she specifies, authorize the former commissioner to continue to exercise powers and perform duties and functions as a commissioner in a matter to which they were assigned immediately before resigning or the expiry of their term until a final decision or recommendation in the matter is made, and the former commissioner is considered to be a commissioner for the purposes of this Act.
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Public hearings 52 (1) A hearing before the Commission with respect to the issuance, suspension or revocation of a certificate under Part 3 or 4 must be public. Non-application (2) Subsection (1) does not apply to a hearing with respect to the suspension or revocation of either of the following certificates if the holder applies for or consents to the suspension or revocation: (a) a certificate issued in respect of an international or interprovincial power line, whether or not the power line has been brought into commercial operation under the certificate; or (b) a certificate issued in respect of a pipeline that has not been brought into commercial operation under the certificate. Other matters (3) The Commission may hold a public hearing in respect of any other matter if the Commission considers it appropriate to do so and shall make public its reasons for holding the hearing. For greater certainty (4) For greater certainty, subsection (1) does not affect the operation of subsection 241 (3).
Canadian Energy Regulator Act — C-15.1 53
Reasons 53 (1) The Commission must issue written reasons for each recommendation it makes to the Governor in Council or the Minister. Public availability (2) The Regulator must make the recommendations, and the reasons for them, publicly available.