GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Energy Regulator Act — C-15.1 186
Decision by Governor in Council 186 (1) After a report has been submitted under section 183 or 184 , the Governor in Council must, (a) in the case of a recommendation that a certificate be issued, (i) refer the recommendation, or any of the conditions, set out in the report back for reconsideration under subsection 184 (1) or (9), as the case may be, (ii) direct the Commission, by order, to issue a certificate in respect of the pipeline or any part of it and to make the certificate subject to the conditions set out in the report, or (iii) direct the Commission, by order, to dismiss the application for a certificate; or (b) in the case of a recommendation that a certificate not be issued, (i) refer the recommendation, or any of the conditions, set out in the report back for reconsideration under subsection 184 (1) or (9), as the case may be, or (ii) direct the Commission, by order, to dismiss the application for a certificate. Reasons (2) An order made under subsection (1) must set out the reasons for making the order. The reasons must demonstrate that the Governor in Council took into account all the considerations referred to in subsection 183(2) that appeared to the Governor in Council to be relevant and directly related to the pipeline. Time limit (3) An order made under subsection (1) must be made within 90 days after the day on which the report under section 183 is submitted or, in the case of a designated project , as defined in section 2 of the Impact Assessment Act , 90 days after the day on which the recommendations referred to in paragraph 37.1(1)(b) of that Act are posted on the Internet site referred to in section 105 of that Act. The Governor in Council may, on the recommendation of the Minister, by order, grant one or more extensions of the time limit. If the Governor in Council makes an order under subsection 184 (1) or (9), the period that is taken to complete the reconsideration and to submit the report is to be excluded from the calculation of the time limit. Order is final and conclusive (4) Every order made under subsection (1) or (3) is final and conclusive. Obligation of Commission (5) The Commission must comply with an order made under subsection (1) within seven days after the day on which it is made. Publication (6) An order made under subsection (1) must be published in the Canada Gazette within 15 days after the day on which it is made.
Canadian Energy Regulator Act — C-15.1 187
Compliance 187 Every certificate is subject to the condition that the provisions of this Act and of the regulations, as well as every order made under the authority of this Act, must be complied with.
Canadian Energy Regulator Act — C-15.1 188
Application for judicial review 188 (1) Judicial review by the Federal Court of Appeal with respect to any order made under subsection 186 (1) is commenced by making an application for leave to that Court. Application (2) The following rules govern an application under subsection (1): (a) the application must be filed in the Registry of the Federal Court of Appeal within 15 days after the day on which the order is published in the Canada Gazette ; (b) a judge of that Court may, for special reasons, allow an extended time for filing and serving the application or notice; and (c) a judge of that Court must dispose of the application without delay and in a summary way and, unless a judge of that Court directs otherwise, without personal appearance.
Canadian Energy Regulator Act — C-15.1 189
Continuation of jurisdiction and obligation 189 (1) A failure by the Commission to comply with subsection 183 (1) or 184 (5) within the required time limit does not affect its jurisdiction to deal with the application or its obligation to submit the report, and anything done by it in relation to the application remains valid. Governor in Council’s powers (2) Despite subsection 186 (3), the Governor in Council may make an order under subsection 186 (1) after the expiry of the time limit for doing so.
Canadian Energy Regulator Act — C-15.1 190
Variation or transfer of certificates 190 (1) The Commission may, on application or on its own initiative, vary a certificate issued under this Part and may, on application, transfer a certificate issued under this Part. However, the Minister may, if he or she considers that it is in the public interest to do so, direct the Commission to make a recommendation to the Governor in Council with respect to the variation or transfer instead. Recommendations (2) A recommendation that a certificate be varied or transferred must set out any conditions that the Commission would impose under subsection (3) if the Commission were to vary or transfer the certificate. Conditions (3) In varying or transferring a certificate, the Commission may impose — in addition to or in lieu of any conditions to which the certificate was previously subject — any conditions that the Commission considers necessary or appropriate in order to give effect to the purposes and provisions of this Act.
Canadian Energy Regulator Act — C-15.1 191
Recommendation to vary or transfer 191 If the Commission recommends to the Governor in Council that a certificate be varied or transferred, the Governor in Council may, by order, direct the Commission (a) to vary or transfer the certificate as recommended; (b) not to vary or transfer the certificate; or (c) to reconsider the matter.
Canadian Energy Regulator Act — C-15.1 192
Recommendation not to vary or transfer 192 If the Commission recommends to the Governor in Council that a certificate not be varied or transferred, the Governor in Council may, by order, direct the Commission not to vary or transfer the certificate or to reconsider the matter.
Canadian Energy Regulator Act — C-15.1 193
Order to reconsider 193 (1) In an order directing a reconsideration, the Governor in Council may specify factors that the Commission is to take into account in the reconsideration and may require the Commission to complete the reconsideration within a specified time limit. Changes to recommendation (2) If the Commission makes any changes to a recommendation as a result of a reconsideration, the Commission must provide a report to the Governor in Council that summarizes the changes.
Canadian Energy Regulator Act — C-15.1 194
Publication of order 194 An order under section 191 or 192 must be published in the Canada Gazette within 15 days after the day on which it is made.
Canadian Energy Regulator Act — C-15.1 195
Suspension of certificates 195 (1) The Commission may, by order, suspend a certificate issued under this Part if the holder applies for or consents to the suspension or the holder has contravened a condition of the certificate. Notice (2) The Commission must not make an order under subsection (1) for a contravention unless the Commission provides the holder with notice of the alleged contravention and gives them an opportunity to be heard.
Canadian Energy Regulator Act — C-15.1 196
Revocation of certificates — application or consent 196 The Commission may, by order, revoke a certificate issued under this Part on application by or with the consent of the holder.
Canadian Energy Regulator Act — C-15.1 197
Revocation of certificates — contravention 197 (1) The Commission may, by order, with the approval of the Governor in Council, revoke a certificate issued under this Part if the holder has contravened a condition of the certificate. Notice (2) The Commission must not make an order under subsection (1) unless the Commission provides the holder with notice of the alleged contravention and gives them an opportunity to be heard.
Canadian Energy Regulator Act — C-15.1 198
Approval 198 Except as otherwise provided in this Act, a company must not begin the construction of a section or part of a pipeline unless (a) the Commission has issued a certificate in respect of the pipeline; (b) the company has complied with all applicable conditions to which the certificate is subject; (c) the plan, profile and book of reference of the section or part of the pipeline have been approved by the Commission; and (d) 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 of the pipeline is to pass.
Canadian Energy Regulator Act — C-15.1 199
Plan, profile and book of reference 199 (1) The company must submit the plan, profile and book of reference referred to in paragraph 198(c) to the Regulator. Details (2) The plan and profile must include any details that the Commission may require. Description of lands (3) The book of reference must describe the portion of land proposed to be taken in each parcel of land to be traversed, giving the numbers of the parcels, and the area, length and width of the portion of each parcel to be taken, and the names of the owners and occupiers insofar as they can be ascertained. Additional information (4) The plan, profile and book of reference must be prepared to the satisfaction of the Commission, and the Commission may require the company to provide any additional information that the Commission considers necessary.
Canadian Energy Regulator Act — C-15.1 200
Additional material to be deposited 200 In addition to the plans, profiles and books of reference, a company must, as soon as feasible, deposit with the Regulator any additional material, including plans, specifications and drawings with respect to any part of its pipeline, as the Commission may require.
Canadian Energy Regulator Act — C-15.1 201
Notice to owners 201 (1) If a company has submitted to the Regulator a plan, profile and book of reference under subsection 199 (1), the company must, in the form and manner specified by the Commission, (a) serve a notice on all owners of lands proposed to be acquired, leased, taken or used, insofar as they can be ascertained; and (b) publish a notice in at least one issue of a publication, if any, in general circulation within the area in which the lands are situated. Contents of notices (2) The notices mentioned in subsection (1) must describe the proposed detailed route of the pipeline, the location of the head office of the Regulator and the right of the owner and of persons referred to in subsection (4) to make, within the period referred to in subsection (3) or (4), as the case may be, representations to the Commission respecting the detailed route of the pipeline. Publication by Regulator (2.1) The Regulator must publish on its website any notice that is published under paragraph (1)(b). Opposition — owner (3) If an owner of lands who has been served with a notice under subsection (1) wishes to oppose the proposed detailed route of a pipeline, the owner may, within 30 days after the day on which the notice is served, file with the Regulator a written statement setting out the nature of their interest and the grounds for their opposition to that route. Opposition — other persons (4) A person who anticipates that their lands may be adversely affected by the proposed detailed route of a pipeline, other than an owner of lands referred to in subsection (3), may oppose the proposed detailed route by filing with the Regulator, within 30 days after the day on which the last notice referred to in subsection (1) is published, a written statement setting out the nature of their interest and the grounds for their opposition to that route.
Canadian Energy Regulator Act — C-15.1 202
Public hearing 202 (1) If a written statement is filed with the Regulator under subsection 201 (3) or (4) within the period set out in that subsection, the Commission must order that a public hearing be held. Region (2) The Commission must select a region in which to hold the hearing that it considers convenient for persons who filed a written statement under subsection 201 (3) or (4) and must provide reasons for its selection, including the factors that it took into account. Notice of public hearing (3) The Commission must fix a suitable time and place for the hearing and cause notice of the time and place to be given by publishing it in at least one issue of a publication, if any, in general circulation within the area in which the lands are situated and by sending it to each person who filed a written statement under subsection 201 (3) or (4). Opportunity to be heard (4) At the time and place fixed for the hearing, the Commission must hold a hearing and must permit each person who filed a written statement under subsection 201 (3) or (4) to make representations and may, if the Commission considers it appropriate to do so, allow any other interested person to make representations before it. Inspection of lands (5) The Commission or a person authorized by it may inspect the lands that are proposed to be acquired, leased, taken or used for, or that are affected by, the pipeline construction as the Commission considers necessary. Commission may disregard written statements (6) The Commission may at any time disregard a written statement filed under subsection 201 (3) or (4) and is not required to take any action under this section with respect to that statement, if (a) the person who filed the statement files a notice of withdrawal with the Regulator; or (b) the Commission considers that the statement is frivolous or vexatious or is not made in good faith.
Canadian Energy Regulator Act — C-15.1 203
Matters to be taken into account 203 (1) Subject to subsections (2) and 202 (6), the Commission must not approve a plan, profile and book of reference unless it has taken into account, in order to determine the best possible detailed route of the pipeline and the most appropriate methods and timing of its construction, (a) all written statements filed under subsection 201 (3) or (4); and (b) all representations made to the Commission at a public hearing. Exception (2) The Commission may approve a plan, profile and book of reference in respect of any section or part of a pipeline if no written statement under subsection 201 (3) or (4) has been filed in respect of that section or part.
Canadian Energy Regulator Act — C-15.1 204
Conditions 204 In any approval referred to in section 203 , the Commission may impose any conditions that it considers appropriate.
Canadian Energy Regulator Act — C-15.1 205
Notice of decision 205 If the Commission has held a public hearing under subsection 202 (4) in respect of any section or part of a pipeline and approved or refused to approve a plan, profile and book of reference respecting that section or part, it must, without delay, forward a copy of its decision and the reasons for it to each person who made representations to the Commission at the public hearing.
Canadian Energy Regulator Act — C-15.1 206
Costs of making representations 206 The Commission may, by order, fix an amount that it considers reasonable in respect of the interim or final costs that are incurred by any person who made or will make representations to the Commission at a public hearing under subsection 202 (4) and that amount is payable, on an interim or final basis and without delay, to that person by the company whose pipeline route is the subject of the public hearing.
Canadian Energy Regulator Act — C-15.1 207
For greater certainty 207 For greater certainty, the issuance of a certificate or the approval of a plan, profile and book of reference does not relieve the company from otherwise complying with this Act.
Canadian Energy Regulator Act — C-15.1 208
Application for correction of errors 208 (1) If any omission, misstatement or error is made in a registered plan, profile or book of reference, the company must submit an application to the Regulator for a permit to correct the omission, misstatement or error. How corrected (2) The Commission may in its discretion issue a permit setting out the nature of the omission, misstatement or error and the correction allowed. Registration (3) On the deposit of copies of the permit issued under subsection (2), certified by the Regulator, in the land registry office or other office where title to land is recorded for the area in which the lands affected are situated, the plan, profile or book of reference must be considered to be corrected in accordance with the permit, and the company may, subject to the other provisions of this Act, construct the pipeline in accordance with the correction.
Canadian Energy Regulator Act — C-15.1 209
Error as to names 209 A pipeline may be made, carried or placed across, on or under lands on the detailed route, even if, through error or any other cause, the name of the owner or holder of an interest or right in the lands has not been entered in the book of reference, or some other person is erroneously mentioned as the owner or holder of an interest or right in the lands.
Canadian Energy Regulator Act — C-15.1 210
Registration of plans, etc. 210 (1) Every land registrar must receive and preserve in their office the plans, profiles, books of reference, certified copies and other documents required by this Act to be deposited with the registrar, and must endorse them with the day, hour and minute when they were deposited. Copies (2) Any person may inspect the documents preserved under subsection (1) and may make extracts and copies of them. Certified copies (3) A land registrar must, at the request of any person, certify copies of any document or portion of a document preserved under subsection (1), on being paid at a rate that is reasonable and customary in similar cases. Certification (4) The certification of the land registrar must set out that the document was deposited in the registrar’s office, and must state the time when it was deposited. Evidence (5) A certified copy referred to in subsection (4) is evidence of the original deposited and is evidence that the original was deposited at the time stated and certified, and that it was signed, certified, attested or otherwise executed by the persons by whom and in the manner in which the original purports to be signed, certified, attested or executed, as shown or appearing by the certified copy, and, in the case of a plan, that the plan is prepared according to a scale and in a manner and form sanctioned by the Commission.
Canadian Energy Regulator Act — C-15.1 211
Approval of deviations 211 (1) If a deviation is required by a company to be made in a pipeline, or a part of a pipeline, that has been constructed or for which a detailed route has been approved, a plan, profile and book of reference of the part of the pipeline proposed to be changed, showing the deviation proposed to be made, must be submitted to the Regulator for the approval of the Commission. Construction after approval (2) If the plan, profile and book of reference of the part of the pipeline proposed to be changed have been approved by the Commission, and copies have been deposited as provided in this Act with respect to the original plan, profile and book of reference, the company may make the deviation, and all the provisions of this Act are applicable to the part of the pipeline, as changed or proposed to be changed, in the same manner as they are applicable to the original pipeline. Exemptions (3) The Commission may exempt a company from all or any of the provisions of this section if the deviation was made or is to be made for the purpose of benefiting a pipeline, or for any other public purpose, if it considers it appropriate to do so, but the deviation must not exceed the distance that is specified by the Commission from the centre line of the pipeline located or constructed in accordance with the plans, profiles and books of reference approved by the Commission under this Act.
Canadian Energy Regulator Act — C-15.1 212
Relocation 212 (1) The Commission may, by order, on any conditions that it considers appropriate, direct a company to relocate its pipeline if the Commission considers that the relocation is necessary (a) to ensure the safety of persons and the pipeline; (b) to protect the environment; (c) to facilitate the construction, reconstruction or relocation of a highway, a railway or any other work of public interest; or (d) to prevent or remove an interference with a drainage system. Costs of relocation (2) The Commission may, by order, direct by whom and to whom the costs of the relocation referred to in subsection (1) must be paid. Procedures (3) The Commission must not direct a company to relocate any section or part of its pipeline unless the procedures set out in sections 201 to 205 have been complied with in respect of the section or part to be relocated. Order (4) For the purposes of ensuring that the procedures set out in sections 201 to 205 are complied with, the Commission may order the company to carry out the procedures that the company would have been required to carry out if the company had submitted to the Regulator a plan, profile and book of reference under subsection 199 (1) and those sections apply, with any modifications that the circumstances require, in respect of any matter related to the carrying out of those procedures. Costs of making representations (5) 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.
Canadian Energy Regulator Act — C-15.1 213
Leave required 213 (1) A pipeline or section of a pipeline must not be opened for the transmission of hydrocarbons or any other commodity by a company unless an order granting it leave to do so has been made by the Commission. Grant of leave (2) Leave may be granted by the Commission under this section only if it is satisfied that the pipeline may safely be opened for transmission.