GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Energy Regulator Act — C-15.1 54
Regulations 54 The Governor in Council may make regulations that specify (a) powers, duties and functions of the Commission that are technical or administrative in nature and may be exercised or performed by designated officers; (b) any circumstances in which those powers are to be exercised and those duties and functions are to be performed only by designated officers; and (c) the procedures and practices that apply to the exercise of those powers and the performance of those duties and functions by designated officers.
Canadian Energy Regulator Act — C-15.1 55
Apportionment of work 55 The Chief Executive Officer is responsible for apportioning among the designated officers any work related to a power, duty or function that is specified in a regulation made under section 54 .
Canadian Energy Regulator Act — C-15.1 56
Duty to consider — Commission 56 (1) When making a decision, an order or a recommendation under this Act, the Commission must consider any adverse effects that the decision, order or recommendation may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982 . Duty to consider — designated officers (2) When making a decision or an order under this Act, a designated officer must consider any adverse effects that the decision or order may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982 .
Canadian Energy Regulator Act — C-15.1 57
Advisory committee 57 (1) The Regulator must establish an advisory committee for the purpose of enhancing the involvement, under Part 2, of the Indigenous peoples of Canada and Indigenous organizations in respect of pipelines, power lines and offshore renewable energy projects as well as abandoned pipelines. Membership (2) The membership of the advisory committee must include at least (a) one person recommended by an Indigenous organization that represents the interests of First Nations; (b) one person recommended by an Indigenous organization that represents the interests of the Inuit; and (c) one person recommended by an Indigenous organization that represents the interests of the Métis.
Canadian Energy Regulator Act — C-15.1 58
Confidentiality — Indigenous knowledge 58 (1) Any Indigenous knowledge that is provided in confidence to the Regulator under this Act or any other Act of Parliament that confers powers, duties or functions on the Regulator is confidential and must not knowingly be, or be permitted to be, disclosed without written consent. Exception (2) Despite subsection (1), the Indigenous knowledge referred to in that subsection may be disclosed if (a) it is publicly available; (b) the disclosure is necessary for the purposes of procedural fairness and natural justice or for use in legal proceedings; or (c) the disclosure is authorized in the circumstances set out in the regulations made under section 59 . Consultation (2.1) Before disclosing Indigenous knowledge under paragraph 2(b) for the purposes of procedural fairness and natural justice, the Regulator must consult the person or entity who provided the Indigenous knowledge and the person or entity to whom it is proposed to be disclosed about the scope of the proposed disclosure and potential conditions under subsection (3). Further disclosure (3) The Regulator may, having regard to the consultation referred to in subsection (2.1), impose conditions with respect to the disclosure of Indigenous knowledge by any person or entity to whom it is disclosed under paragraph (2)(b) for the purposes of procedural fairness and natural justice. Duty to comply (4) The person or entity referred to in subsection (3) must comply with any conditions imposed by the Regulator under that subsection. Protection from civil proceeding or prosecution (5) Despite any other Act of Parliament, no civil or criminal proceedings lie against the Regulator or the Minister — or any person acting on behalf of, or under the direction of, either of them — and no proceedings lie against the Crown or the Regulator, for the disclosure in good faith of any Indigenous knowledge under this Act or any other Act of Parliament that confers powers, duties or functions on the Regulator or for any consequences that flow from that disclosure.
Canadian Energy Regulator Act — C-15.1 59
Regulations 59 The Governor in Council may make regulations prescribing the circumstances in which Indigenous knowledge that is provided to the Regulator under this Act in confidence may be disclosed without written consent.
Canadian Energy Regulator Act — C-15.1 60
Confidentiality 60 The Commission or a designated officer may take any measures and make any order that the Commission or designated officer considers necessary to ensure the confidentiality of any information likely to be disclosed in any proceedings under this Act if the Commission or designated officer is satisfied that (a) disclosure of the information could reasonably be expected to result in a material loss or gain to a person directly affected by the proceedings, or could reasonably be expected to prejudice the person’s competitive position; (b) the information is financial, commercial, scientific or technical information that is confidential information provided to the Regulator and (i) the information has been consistently treated as confidential information by a person directly affected by the proceedings, and (ii) the Commission or designated officer considers that the person’s interest in confidentiality outweighs the public interest in disclosure of the proceedings; or (c) there is a real and substantial risk that disclosure of the information will compromise the safety and well-being of persons or cause harm to property or the environment.
Canadian Energy Regulator Act — C-15.1 61
Confidentiality 61 The Commission or a designated officer may take any measures and make any order that the Commission or designated officer considers necessary to ensure the confidentiality of information that is contained in any order under this Act or that is likely to be disclosed in any proceedings under this Act if the Commission or designated officer is satisfied that (a) there is a real and substantial risk that disclosure of the information will pose a risk to the security of pipelines, abandoned pipelines, power lines, offshore renewable energy projects, including buildings, structures or systems — including computer or communication systems, or methods employed to protect them — and the need to prevent disclosure of the information outweighs the public interest in disclosure of orders and proceedings; or (b) there is a real and substantial risk that disclosure of the information will compromise the safety and well-being of persons or cause harm to property or the environment.
Canadian Energy Regulator Act — C-15.1 62
Confidentiality 62 The Commission or a designated officer may take any measures and make any orders that are necessary to ensure compliance with section 58 or any regulations referred in subsection 114 (3).
Canadian Energy Regulator Act — C-15.1 63
Reasons 63 (1) The Commission must issue written reasons for each decision or order it makes. A designated officer must do the same for each decision or order they make. Public availability (2) The Regulator must make the decisions and orders, and the reasons for them, publicly available. Non-application (3) This section does not apply to a decision or order that is made only in relation to the internal administrative affairs of the Regulator.
Canadian Energy Regulator Act — C-15.1 64
Enforcement of orders 64 (1) A decision or order of the Commission, a designated officer or an inspection officer may be made an order of the Federal Court or of a superior court of a province and may be enforced in the same manner as an order of that court as if it had been an order of that court on the date of the decision or order. Procedure (2) A decision or order of the Commission, a designated officer or an inspection officer may be made an order of a court in accordance with the usual practice and procedure of the court in such matters, if any, or by the filing with the registrar of the court of a copy of the decision certified by an employee of the Regulator who is authorized by the Chief Executive Officer to certify documents for the purposes of this section under the Regulator’s seal. Effect of revocation or amendment (3) If a decision or order of the Commission, a designated officer or an inspection officer that has been made an order of a court is rescinded or varied by a subsequent decision or order, the order of the court is vacated and the decision or order of the Commission, a designated officer or an inspection officer as varied may be made an order of the court in accordance with subsection (2).
Canadian Energy Regulator Act — C-15.1 65
Conditions 65 A decision or order made by the Commission, a designated officer or an inspection officer under this Act may include any conditions that the Commission, designated officer or inspection officer considers appropriate.
Canadian Energy Regulator Act — C-15.1 66
General or particular application 66 The Commission or a designated officer may, when making an order, giving a direction, imposing conditions or doing any other thing in relation to a person, do so either generally or in any particular case or class of cases.
Canadian Energy Regulator Act — C-15.1 67
Coming into force and cessation of effect — Commission 67 (1) The Commission may, in issuing, varying or transferring a document of authorization, or when making or varying an order, (a) specify a day on which the document of authorization or order, or any part of it, comes into force or ceases to have effect; or (b) impose conditions governing when the document of authorization or order, or any part of it, comes into force or ceases to have effect. Coming into force and cessation of effect — designated officer or inspection officer (2) A designated officer or inspection officer may, when making or varying an order, (a) specify a day on which the order, or any part of it, comes into force or ceases to have effect; or (b) impose conditions governing when the order, or any part of it, comes into force or ceases to have effect. Non-application (3) Subsection (1) does not apply to a certificate issued under Part 3. Interim orders (4) The Commission, a designated officer or inspection officer may, instead of making an order final in the first instance, make an interim order, and may reserve their decision pending further proceedings in connection with any matter.
Canadian Energy Regulator Act — C-15.1 68
Relief 68 (1) The Commission may make a decision or order that grants, in whole or in part, any application made to the Commission. The decision or order may also include — in addition to or in lieu of the relief applied for — any other relief that the Commission considers appropriate as if the application had been made for that other relief. Non-application (2) Subsection (1) does not apply to an application made under Part 3 for a certificate.
Canadian Energy Regulator Act — C-15.1 69
Power to review, vary or rescind — Commission 69 (1) The Commission may review, vary or rescind any decision or order it makes and, if applicable, may re-hear any application before deciding it. Power to vary or rescind — designated officer or inspection officer (2) A designated officer or inspection officer may vary or rescind any decision or order they make and, if applicable, may re-hear any application before deciding it. Exception (3) This section does not apply to a decision or order in relation to an operating licence or authorization to which section 382 or 383 applies or in relation to the approval of a development plan under section 5.1 of the Canada Oil and Gas Operations Act .
Canadian Energy Regulator Act — C-15.1 70
Decisions final 70 (1) Except as provided for in this Act, every decision or order of the Commission, a designated officer or an inspection officer is final and conclusive. Decision or order (2) Any minute or other record of the Commission, a designated officer or an inspection officer or any document issued by one of them, in the form of a decision or order, is considered for the purposes of this section to be a decision or order, as the case may be, of the Commission, the designated officer or the inspection officer.
Canadian Energy Regulator Act — C-15.1 71
Appeal to Commission 71 An appeal from a decision or order of a designated officer or an inspection officer may be brought before the Commission and the Commission may dismiss or allow the appeal and vary or rescind the decision or order.
Canadian Energy Regulator Act — C-15.1 72
Appeal to Federal Court of Appeal 72 (1) An appeal from a decision or order of the Commission on any question of law or of jurisdiction may be brought in the Federal Court of Appeal with the leave of that Court. Application for leave to appeal (2) Leave to appeal must be applied for within 30 days after the date of the decision or order appealed from or within any additional time that a judge of the Court grants in exceptional circumstances. Time limit for appeal (3) An appeal must be brought within 60 days after the day on which leave to appeal is granted. Argument by Regulator (4) The Regulator is entitled to be heard on an application for leave to appeal and at any stage of an appeal. Costs (5) In any appeal under this section, costs may not be awarded against any of the commissioners. Report not decision or order (6) For greater certainty, a report submitted by the Commission under section 183 or 184 — or under subsection 51(1) the Impact Assessment Act — is not a decision or order of the Commission for the purposes of this section and neither is any part of the report.
Canadian Energy Regulator Act — C-15.1 73
Alternative dispute resolution 73 (1) If all the parties to a dispute that is directly related to a matter under this Act consent, the Regulator must provide or cause to be provided an alternative dispute resolution process for the dispute. Results (2) The results of the alternative dispute resolution process are not binding. Use of results by Commission (3) The Commission may take the results of the alternative dispute resolution process into account when making a decision, order or recommendation and may refer to them in the decision, order or recommendation. Use of results by designated officer (4) A designated officer may take the results of the alternative dispute resolution process into account when making a decision or order and may refer to them in the decision or order. Public availability of results (5) The Regulator may make the results of the alternative dispute resolution process public with the consent of the parties.
Canadian Energy Regulator Act — C-15.1 74
Public engagement 74 The Regulator must establish processes that the Regulator considers appropriate to engage meaningfully with the public — and, in particular, the Indigenous peoples of Canada and Indigenous organizations — when public hearings are held under section 52 or subsection 241(3).
Canadian Energy Regulator Act — C-15.1 75
Participant funding program 75 For the purposes of this Act, the Regulator must establish a participant funding program to facilitate the participation of the public — and, in particular, the Indigenous peoples of Canada and Indigenous organizations — in public hearings under section 52 or subsection 241 (3) and any steps leading to those hearings.
Canadian Energy Regulator Act — C-15.1 76
Collaborative processes 76 The Regulator may enter into arrangements with any government or Indigenous organization to establish collaborative processes.
Canadian Energy Regulator Act — C-15.1 77
Ministerial arrangements 77 (1) If regulations are made under section 78 , the Minister may, in accordance with those regulations, enter into arrangements with Indigenous governing bodies for carrying out the purposes of this Act and may authorize any Indigenous governing body with whom an arrangement is entered into to exercise the powers or perform the duties and functions under this Act that are specified in the arrangement. Publication (2) Within 30 days after the day on which the Minister enters into an arrangement, the Regulator must publish it on the Regulator’s website.
Canadian Energy Regulator Act — C-15.1 78
Regulations 78 The Governor in Council may make regulations respecting the Minister’s power to enter into arrangements under section 77 , including regulations (a) respecting how they are to be entered into; (b) respecting the circumstances under which they may be entered into; (c) respecting their contents; and (d) varying or excluding any provision of this Act or a regulation made under it as that provision applies to the subject matter of the arrangement.
Canadian Energy Regulator Act — C-15.1 79
Inconsistencies 79 In the event of an inconsistency between an arrangement referred to in section 76 and an arrangement referred to in section 77 , the arrangement referred to in section 77 prevails to the extent of the inconsistency.
Canadian Energy Regulator Act — C-15.1 80
Study and review 80 The Regulator must study and keep under review matters relating to (a) the exploration for, and the production, recovery, manufacture, processing, transmission, transportation, distribution, sale, purchase, lease, exchange and alienation of energy and sources of energy in and outside Canada; and (b) the safety and security of regulated facilities and abandoned facilities.
Canadian Energy Regulator Act — C-15.1 81
Reports and recommendations to Minister 81 The Regulator may submit to the Minister reports on the matters referred to in section 80 from time to time and may recommend to the Minister any measures within Parliament’s jurisdiction that the Regulator considers to be necessary or in the public interest for (a) the control, supervision, conservation, use, marketing and development of energy and sources of energy; and (b) the safety and security of regulated facilities and abandoned facilities.
Canadian Energy Regulator Act — C-15.1 82
Recommendations on cooperative measures 82 The Regulator may — with respect to energy matters, sources of energy and the safety and security of regulated facilities and abandoned facilities — recommend to the Minister any measures that the Regulator considers necessary or appropriate for cooperation with governmental or other agencies in or outside Canada.
Canadian Energy Regulator Act — C-15.1 83
Request of Minister 83 (1) The Regulator must — with respect to energy matters, sources of energy and the safety and security of regulated facilities and abandoned facilities — provide to the Minister any advice that the Minister requests, including advice relating to the export pricing of oil and gas, and prepare any study or report that the Minister requests. Prohibition on publication (2) The Regulator must not publish any advice, study or report referred to in subsection (1) without the Minister’s consent.
Canadian Energy Regulator Act — C-15.1 84
Other requests 84 The Regulator may, on request, provide advice about energy matters, sources of energy and the safety and security of regulated facilities and abandoned facilities to (a) ministers, officers and employees of any government department or ministry, whether federal, provincial or territorial; and (b) members, officers and employees of any government agency, whether federal, provincial or territorial.
Canadian Energy Regulator Act — C-15.1 85
Powers — Inquiries Act 85 For the purposes of sections 80 to 84 , the Regulator has all the powers of commissioners under Part I of the Inquiries Act .
Canadian Energy Regulator Act — C-15.1 86
Use of government agencies 86 In exercising its powers and performing its duties and functions under sections 80 to 84 , the Regulator must, to the extent that it is possible to do so, utilize agencies of the Government of Canada to obtain technical, economic and statistical information and advice.
Canadian Energy Regulator Act — C-15.1 87
Regulations 87 (1) The Regulator may, with the approval of the Treasury Board, make regulations (a) providing for fees, levies or charges that are payable for the purpose of recovering all or a portion of any costs that the Regulator considers to be attributable to the carrying out of its mandate, including costs related to applications that are denied or withdrawn; and (b) providing for the manner of calculating those fees, levies or charges and their payment to the Regulator. Interest on late payments (2) A regulation made under subsection (1) may specify the rate of interest or the manner of calculating the rate of interest payable on any fee, levy or charge that is not paid on or before the date on which it is due and may specify the time from which interest is payable. Debt due to Her Majesty (3) Fees, levies or charges imposed under this section and any interest payable on them constitute a debt to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.
Canadian Energy Regulator Act — C-15.1 88
Service Fees Act 88 The Service Fees Act does not apply to the fees, levies and charges referred to in section 87 .
Canadian Energy Regulator Act — C-15.1 89
Definition of certified document 89 (1) In this section, certified document means a document purporting to be certified by an employee of the Regulator who is authorized by the Chief Executive Officer to certify documents for the purposes of this section and sealed with the Regulator’s seal. Proof of documents — true copies (2) In any action or proceedings, a certified document that states that it is a true copy of all or any part of another document — including a minute, decision, document of authorization, order, instruction, book of reference, book entry, plan or drawing — is, without proof of the signature or of the official character of the person appearing to have signed the certified document, evidence (a) of the original document, or the part of it, that it purports to be a copy of; (b) that the original document, or the part of it, was made, given or issued under the authority of or deposited with the person named in it and was made, given, issued or deposited at the time stated in the certified copy, if a time is stated in it; and (c) that the original document, or the part of it, was signed, certified, attested or executed by the persons and in the manner shown in the certified copy. Proof of documents — documents issued by Regulator (3) In any action or proceedings, a certified document that states that a valid and subsisting document has or has not been issued by the Regulator to a person named in the certified document is evidence of the facts stated in it without proof of the signature or official character of the person appearing to have signed the document and without further proof.
Canadian Energy Regulator Act — C-15.1 90
Compensation 90 (1) Directors and commissioners are considered to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act . For greater certainty (2) For greater certainty, the Chief Executive Officer and employees of the Regulator are employees for the purposes of the Government Employees Compensation Act and are employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act .
Canadian Energy Regulator Act — C-15.1 91
Public Service Superannuation Act 91 (1) Full-time commissioners are considered to be persons employed in the public service for the purposes of the Public Service Superannuation Act . For greater certainty (2) For greater certainty, directors and part-time commissioners are not persons employed in the public service for the purposes of the Public Service Superannuation Act . For greater certainty (3) For greater certainty, the Chief Executive Officer and employees of the Regulator are persons employed in the public service for the purposes of the Public Service Superannuation Act .