GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Energy Regulator Act — C-15.1 275
Orders 275 (1) The Commission may, by order, give directions (a) governing the design, construction, operation and abandonment of facilities constructed across, on, along or under an international or interprovincial power line; (b) prescribing the area for the purposes of subsection 273 (1); (c) authorizing the construction of facilities across, on, along or under an international or interprovincial power line; (d) authorizing ground disturbances within the prescribed area; (e) governing the measures to be taken in relation to (i) the construction of facilities across, on, along or under an international or interprovincial power line, (ii) the construction of an international or interprovincial power line across, on, along or under facilities, other than railways, and (iii) ground disturbances within the prescribed area; (f) authorizing the operation of vehicles or mobile equipment across an international or interprovincial power line and governing the measures to be taken in relation to that operation; (g) governing the apportionment of costs directly incurred as a result of a construction or disturbance authorized under this subsection; (h) specifying activities for the purposes of paragraph (a) of the definition ground disturbance in section 2 in respect of international or interprovincial power lines; and (i) authorizing a holder of a permit or certificate to give an authorization referred to in paragraph (c), (d) or (f) on any conditions that the holder considers appropriate. Regulations (2) The Regulator may make regulations respecting any matter referred to in paragraphs (1)(a) to (f) and (h). Regulations (3) The Regulator may, with the approval of the Governor in Council, make regulations (a) governing the apportionment of costs directly incurred as a result of a construction or disturbance authorized under this section; and (b) authorizing a holder of a certificate or permit issued under this Part to give an authorization referred to in paragraph (1)(c), (d) or (f) on any conditions that the holder considers appropriate.
Canadian Energy Regulator Act — C-15.1 276
Temporary prohibition — ground disturbances 276 (1) Orders made under subsection 275 (1) and regulations made under subsection 275 (2) may provide for the prohibition of ground disturbances in an area that is situated in the vicinity of an international or interprovincial power line and that may extend beyond the prescribed area during the period that starts when a request to locate the line is made to the holder of the permit or certificate issued in respect of the line and ends (a) at the end of the third working day after the day on which the request is made; or (b) at any later time that is agreed to between the holder and the person making the request. Exemptions (2) The Commission may, by order made on any conditions that the Commission considers appropriate, exempt any person from the application of an order or regulation made under section 275 .
Canadian Energy Regulator Act — C-15.1 277
Prohibition 277 (1) A person must not, without the leave of the Commission, abandon the operation of an international power line or of an interprovincial power line designated by an order under section 261 . Leave to abandon (2) On the application of the holder of a permit or certificate, the Commission may, by order, grant leave to abandon the operation of the power line.
Canadian Energy Regulator Act — C-15.1 278
Conditions — permit 278 (1) The Commission may, on the issuance of a permit, make the permit subject to the conditions respecting the matters prescribed by the regulations that the Commission considers necessary or in the public interest. Conditions — certificate (2) The Commission may, on the issuance of a certificate, make the certificate subject to the conditions that the Commission considers necessary or in the public interest.
Canadian Energy Regulator Act — C-15.1 279
Compliance 279 Every permit and certificate is subject to the condition that the provisions of this Act and the regulations, as well as every order made under the authority of this Act or of the laws of a province that are applicable under section 253 , must be complied with.
Canadian Energy Regulator Act — C-15.1 280
Variation or transfer of certificates 280 (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-15.1 281
Recommendation to vary or transfer 281 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-15.1 282
Recommendation not to vary or transfer 282 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-15.1 283
Order to reconsider 283 (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-15.1 284
Publication of order 284 An order under section 281 or 282 must be published in the Canada Gazette within 15 days after the day on which it is made.
Canadian Energy Regulator Act — C-15.1 285
Suspension of certificates 285 (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-15.1 286
Revocation of certificates — application or consent 286 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-15.1 287
Revocation of certificates — contravention 287 (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-15.1 288
Variation or transfer of permits 288 (1) The Commission may, on application or on its own initiative, vary a permit issued under this Part and may, on application, transfer a permit issued under this Part. Conditions (2) In varying or transferring a permit, the Commission may impose — in addition to or in lieu of any conditions to which the permit was previously subject — any conditions respecting the matters prescribed by regulations made under section 291 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-15.1 289
Suspension or revocation of permits 289 (1) The Commission may, by order, suspend or revoke a permit issued under this Part if the holder applies for or consents to the suspension or revocation or the holder has contravened a condition of the permit. 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-15.1 290
Application of certain provisions 290 (1) Section 315 , subsections 316 (1) to (3) and sections 317 , 318 and 341 apply in respect of international power lines and of interprovincial power lines in respect of which an order made under section 261 is in force. Application of references (2) The provisions of this Act referred to in subsection (1) apply in respect of an international power line as if each reference in those provisions to (a) a company were a reference to the holder of the permit or certificate issued in respect of the line; and (b) a pipeline were a reference to the international or interprovincial power line. Non-application of subsections 316 (1) to (3) (3) Despite subsection (1), subsections 316 (1) to (3) do not apply in respect of any of the following: (a) anything done under leave obtained under subsection 272 (2) or (5) in respect of an international power line or of an interprovincial power line referred to in subsection (1); (b) in the case of an interprovincial power line referred to in subsection (1), (i) any section or part of the power line that passes on, over, along or under a facility if a certificate has been issued in respect of the power line and the certificate contains a condition relating to that facility, or (ii) any section or part of the power line that passes in, on, over, under, through or across a navigable water if a certificate has been issued in respect of the power line; (c) in the case of an international power line, (i) any section or part of the line that passes on, over, along or under a facility if a permit referred to in section 248 , or a certificate, has been issued in respect of the line and the permit or certificate contains a condition relating to that facility, or (ii) any section or part of the line that passes in, on, over, under, through or across a navigable water if a permit referred to in section 248 , or a certificate, has been issued in respect of the line; (d) anything done under any leave obtained under section 108 of the National Energy Board Act at any time before July 3, 2013.
Canadian Energy Regulator Act — C-15.1 291
Regulations 291 The Governor in Council may make regulations for carrying into effect the purposes and provisions of this Part, including regulations (a) prescribing matters in respect of which conditions of permits may be imposed; (b) respecting the information to be furnished in connection with applications for permits; (c) specifying considerations to which the Commission must have regard in deciding whether to recommend to the Minister that an international power line be designated by order of the Governor in Council under section 258 ; and (d) prescribing the form of elections filed under section 259.
Canadian Energy Regulator Act — C-15.1 291.1
Regulations — excluded periods 291.1 The Regulator may make regulations prescribing, for the purposes of subsection 262(6), the circumstances in which periods may be excluded from the calculation of the time limit.
Canadian Energy Regulator Act — C-15.1 292
Offence and punishment 292 (1) Every person who contravenes section 267 , subsection 272 (1), 273 (1) or (2), 295 (2) or (3), an order made under subsection 273 (3) or an order or regulation made under section 275 is guilty of an offence and is 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) (2) Subsections 379 (2) to (6) apply, with any modifications that the circumstances require, in respect of an offence under this section.
Canadian Energy Regulator Act — C-15.1 293
Offence 293 (1) Every person who contravenes a regulation made under section 270 is guilty of an offence punishable on summary conviction. Defence (2) A person is not to be found guilty of an offence under this section if they establish that they exercised due diligence to prevent the commission of the offence.
Canadian Energy Regulator Act — C-15.1 294
Certificate or order before June 1, 1990 294 (1) Sections 182 and 199 to 211 and Part 6, except sections 315 to 318 , 335 , 341 and 342 , apply in respect of international power lines in respect of which a certificate was issued under the National Energy Board Act before June 1, 1990, or an order was made under subsection 58(2) of that Act as that subsection read before that date, as if each reference in any of those provisions to (a) a company were a reference to the applicant for or holder of the certificate issued in respect of the power line or the person who operates the line in respect of which the order was made; (b) a pipeline were a reference to the international power line; and (c) hydrocarbons or any other commodity were a reference to electricity. Exception (2) A reference to an abandoned pipeline in the provisions referred to in subsection (1) is not a reference to an abandoned international or interprovincial power line.
Canadian Energy Regulator Act — C-15.1 295
Terms and conditions before July 3, 2013 295 (1) Terms and conditions in respect of any international or interprovincial power line that were, at any time before July 3, 2013, imposed under section 58.29 or 108 of the National Energy Board Act or by the Minister of Transport under the Canadian Navigable Waters Act apply as if they were conditions set out in the certificate or permit, as the case may be, issued in respect of the power line. Construction without leave (2) If, at any time before July 3, 2013, the Minister of Transport had provided under section 58.3 or 108 of the National Energy Board Act that leave under either section, as the case may be, was not necessary because the power line was to be constructed in accordance with certain orders, regulations, plans and specifications, a person must not construct the power line otherwise than in accordance with those orders, regulations, plans and specifications or as specified by the Commission of the Regulator. Construction without leave (3) If, at any time before July 3, 2013, the National Energy Board had provided under section 58.33 or 108 of the National Energy Board Act that leave under section 58.29 or 108 of that Act, as the case may be, was not necessary because the power line was to be constructed in accordance with certain orders or regulations, a person must not construct the power line otherwise than in accordance with those orders or regulations or as specified by the Commission of the Regulator.
Canadian Energy Regulator Act — C-15.1 296
Definitions 296 (1) The following definitions apply in this Part. authorization means an authorization issued under section 298 . ( autorisation ) debris means any facility, equipment or system that was put in place in the course of any work or activity required to be authorized under this Part and that has been abandoned without an authorization, or anything that has broken away or been jettisoned or displaced in the course of any such work or activity. ( débris ) Application (2) A reference in this Part to “in a province” is, in relation to the Northwest Territories, a reference to “in the onshore , as defined in section 2 of the Northwest Territories Act ”.
Canadian Energy Regulator Act — C-15.1
authorization means an authorization issued under section 298 . ( autorisation )
Canadian Energy Regulator Act — C-15.1
debris means any facility, equipment or system that was put in place in the course of any work or activity required to be authorized under this Part and that has been abandoned without an authorization, or anything that has broken away or been jettisoned or displaced in the course of any such work or activity. ( débris )
Canadian Energy Regulator Act — C-15.1 297
Prohibition — work or activity 297 A person must not, except in accordance with an authorization, (a) carry on, in the offshore area, any work or activity that is related to an offshore renewable energy project or to an offshore power line; or (b) carry on any work or activity to construct, operate or abandon any part of an offshore power line that is in a province.
Canadian Energy Regulator Act — C-15.1 299
Impact Assessment Act 299 If an application under section 298 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) despite the time limit established under subsections 298 (4) and (5), the Commission must make its decision under subsection 298 (4) within seven days after the day on which the decision statement with respect to the project is posted on the Internet under section 66 of that Act; (b) the Commission must make its decision under subsection 298 (4) solely on the basis of the report referred to in paragraph 51(1)(d) of that Act; and (c) subsections 298 (3) and (6) to (8) do not apply with respect to the application.
Canadian Energy Regulator Act — C-15.1 300
Variation or transfer 300 (1) The Commission may, on application or on its own initiative, vary an authorization and may, on application, transfer an authorization. Conditions (2) In varying or transferring an authorization, the Commission may impose any conditions in addition to or in lieu of any conditions to which the authorization was previously subject.
Canadian Energy Regulator Act — C-15.1 301
Suspension or revocation 301 (1) The Commission may, by order, suspend or revoke an authorization if the holder applies for or consents to the suspension or revocation or the holder has contravened a condition of the authorization. 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-15.1 302
n that subsection, and the claims for costs and expenses rank in priority over claims to recover a loss of non-use value described in that subsection. Saving (10) Subject to subsections (7) and (8), nothing in this section suspends or limits (a) any legal liability or remedy for an act or omission by reason only that the act or omission is an offence under this Act or gives rise to liability under this section; (b) any recourse, indemnity or relief available at law to a person who is liable under this section against any other person; or (c) the operation of any applicable law or rule of law that is not inconsistent with this section. Limitation period or prescription (11) Proceedings in respect of claims under this section may be instituted no later than the third anniversary of the day on which the loss, damage, costs or expenses occurred but in no case after the sixth anniversary of the day the facility, equipment or system in question was abandoned or the material in question broke away or was jettisoned or displaced. Definition of actual loss or damage (12) In this section, actual loss or damage includes loss of income, including future income, and, with respect to any Indigenous peoples of Canada, loss of hunting, fishing and gathering opportunities. It does not include loss of income recoverable under subsection 42(3) of the Fisheries Act .
Canadian Energy Regulator Act — C-15.1 303
Financial resources 303 (1) An applicant for an authorization must provide proof that the applicant has the financial resources necessary to pay an amount that is determined by the Commission. The proof must be in the form and manner that are prescribed by regulation or, in the absence of regulations, that are specified by the Regulator. Loss of non-use value (2) In determining the amount, the Commission is not required to consider any potential loss of non-use value relating to a public resource that is affected as a result of debris. Continuing obligation (3) The holder of the authorization must ensure that the proof referred to in subsection (1) remains in force for the duration of the work or activity in respect of which the authorization is issued.
Canadian Energy Regulator Act — C-15.1 304
Proof of financial responsibility 304 (1) An applicant for an authorization must provide proof of financial responsibility in an amount that is determined by the Commission. The proof must be in the form of a letter of credit, guarantee or indemnity bond or in any other form satisfactory to the Regulator. Continuing obligation (2) The holder of an authorization must ensure that the proof of financial responsibility remains in force for the duration of the work or activity in respect of which the authorization is issued. Payment of claims (3) The Regulator may require that moneys in an amount of not more than the amount prescribed by regulation for any case or class of cases, or fixed by the Regulator in the absence of regulations, be paid out of the funds available under the letter of credit, guarantee or indemnity bond or other proof provided under subsection (1) in respect of any claim for which proceedings may be instituted under section 302 , whether or not those proceedings have been instituted. Manner of payment (4) A required payment must be made in the manner, subject to any conditions and procedures, and to or for the benefit of the persons or classes of persons that may be prescribed by regulation for any case or class of cases, or that may be required by the Regulator in the absence of regulations. Deduction (5) If a claim is sued for under section 302 , there must be deducted from any award made pursuant to the action on that claim any amount received by the claimant under this section in respect of the loss, damage, costs or expenses claimed.
Canadian Energy Regulator Act — C-15.1 305
Application of provisions in Part 4 305 (1) Sections 272 and 273 , subsections 274 (1) and (2), sections 275 and 276 , and section 292 in respect of those provisions, apply in respect of an offshore power line as if each reference in any of those provisions to (a) an international or interprovincial power line were a reference to an offshore power line; and (b) a permit referred to in section 248 or a certificate were a reference to an authorization. Application of subsection 273 (2) (2) However, subsection 273 (2) applies only in respect of any part of an offshore power line that is in a province.