GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Energy Regulator Act — C-15.1 359
Delay of issuance 359 (1) The Commission may make a recommendation to the Minister, which it must make public, that an application for exportation of electricity be designated by order of the Governor in Council under section 360 and may delay issuing a permit during any period that is necessary for the purpose of making such an order. Criteria (2) In determining whether to make a recommendation, the Commission must seek to avoid the duplication of measures taken in respect of the exportation by the applicant and the government of the province from which the electricity is to be exported and must take into account (a) the effect of the exportation of the electricity on provinces other than that from which the electricity is to be exported; (b) whether the applicant has (i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and (ii) given an opportunity to buy electricity on conditions as favourable as the conditions specified in the application to those who, within a reasonable time after being so informed, demonstrate an intention to buy electricity for consumption in Canada; and (c) any factors that are specified in the regulations.
Canadian Energy Regulator Act — C-15.1 360
Where licence required 360 (1) The Governor in Council may make orders (a) designating an application for exportation of electricity as an application in respect of which section 361 applies; and (b) revoking any permit issued in respect of the exportation. Time limit (2) No order may be made under subsection (1) more than 45 days after the day on which a permit is issued in respect of the application. Effect of order (3) If an order is made under subsection (1), (a) a permit must not be issued in respect of the application; and (b) any application in respect of the exportation must be dealt with as an application for a licence.
Canadian Energy Regulator Act — C-15.1 361
Issuance 361 (1) The Commission may, subject to the approval of the Governor in Council, issue a licence for the exportation of electricity in relation to which an order made under section 360 is in force. Criteria (2) Before issuing a licence, the Commission must take into account (a) the effect of the exportation of the electricity on provinces other than from which the electricity is to be exported; (b) whether the applicant has (i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and (ii) given an opportunity to buy electricity on conditions as favourable as the conditions specified in the application to those who, within a reasonable time after being so informed, demonstrate an intention to buy electricity for consumption in Canada; and (c) any factors that are specified in the regulations. Revocation of permit (3) Any permit issued in respect of an application for a permit for the exportation of electricity in relation to which an order made under section 360 is in force and that is not revoked by the order is revoked on the Commission’s deciding not to issue a licence for that exportation.
Canadian Energy Regulator Act — C-15.1 362
Conditions — permits 362 (1) The Commission may make a permit issued under section 356 subject to any conditions respecting the matters prescribed by the regulations that it considers necessary or in the public interest. Conditions — licences (2) The Commission may make a licence issued under section 361 subject to any conditions that it considers appropriate.
Canadian Energy Regulator Act — C-15.1 363
Compliance 363 Every permit and licence is subject to the condition that the provisions of this Act and its regulations, as well as every order made under this Act, will be complied with.
Canadian Energy Regulator Act — C-15.1 364
Period of validity 364 The period of validity of a permit or licence must not exceed 30 years.
Canadian Energy Regulator Act — C-15.1 365
Variation or transfer of permits or licences 365 (1) The Commission may, on application or its own initiative, vary a permit or licence issued in respect of the exportation of electricity and may, on application, transfer such a permit or licence. Conditions (2) In varying or transferring a permit or licence, the Commission may impose — in addition to or in lieu of any conditions to which the permit or licence 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-15.1 366
Suspension or revocation of permits or licences 366 (1) The Commission may, by order, suspend or revoke a permit or licence issued in respect of the exportation of electricity if the holder applies for or consents to the revocation or suspension or the holder has contravened a condition of the permit or licence. Notice (2) The Commission must not make an order under subsection (1) for a contravention unless the Commission provides the holder of the permit or licence with notice of the alleged contravention and gives the holder an opportunity to be heard.
Canadian Energy Regulator Act — C-15.1 367
Regulations — Governor in Council 367 (1) The Governor in Council may make regulations for the purposes of this Division, including regulations (a) prescribing matters in respect of which conditions may be imposed on permits; (b) specifying factors that the Commission must take into account in deciding whether to recommend to the Minister that an application for a permit for the exportation of electricity be designated by order of the Governor in Council under section 360 ; (c) specifying factors that the Commission must take into account in deciding whether to issue a licence for the exportation of electricity in relation to which an order made under section 360 is in force; and (d) the inspection of any instruments, devices, plant, equipment, books, records or accounts or any other thing used for or in connection with the exportation of electricity. Regulations — Regulator (2) The Regulator may make regulations prescribing (a) the information to be provided with applications for permits for the exportation of electricity; and (b) units of measurement and measuring instruments or devices to be used in connection with the exportation of electricity.
Canadian Energy Regulator Act — C-15.1 368
Definitions 368 The following definitions apply in this Division. designated area means any of the following, as referred to in an order made under subsection 369 (1), (a) a province; (b) Sable Island; or (c) any area of land, not within a province, that belongs to Her Majesty in right of Canada or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources and that is situated in submarine areas in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada. ( région désignée ) designated oil or gas means oil or gas, or both, or any quality or kind of oil or gas, or both, that is the subject of an order made under subsection 369 (1). ( pétrole ou gaz désigné ) movement , in respect of oil or gas, excludes an exportation. ( acheminement )
Canadian Energy Regulator Act — C-15.1 (a)
designated area means any of the following, as referred to in an order made under subsection 369 (1), (a) a province; (b) Sable Island; or (c) any area of land, not within a province, that belongs to Her Majesty in right of Canada or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources and that is situated in submarine areas in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada. ( région désignée )
Canadian Energy Regulator Act — C-15.1
designated oil or gas means oil or gas, or both, or any quality or kind of oil or gas, or both, that is the subject of an order made under subsection 369 (1). ( pétrole ou gaz désigné )
Canadian Energy Regulator Act — C-15.1
movement , in respect of oil or gas, excludes an exportation. ( acheminement )
Canadian Energy Regulator Act — C-15.1 369
Order in Council 369 (1) The Governor in Council may, by order, give the supervision and control of the movement of designated oil or gas out of a designated area to the Regulator. Licence required (2) While an order made under subsection (1) remains in force, a person must not move designated oil or gas out of the designated area except in accordance with a licence issued under this Division or as authorized under the regulations made under this Division.
Canadian Energy Regulator Act — C-15.1 370
Issuance 370 (1) Subject to the regulations, the Commission may, on any conditions that it may impose, issue a licence to any person permitting the movement of designated oil or gas out of the designated area. Compliance (2) Every licence is subject to the conditions that (a) the provisions of this Act and its regulations, as well as every order made under this Act, will be complied with; and (b) the provisions of the Energy Administration Act and its regulations that are applicable to the designated oil or gas in respect of which the licence is issued will be complied with.
Canadian Energy Regulator Act — C-15.1 371
Criteria 371 (1) Before issuing a licence, the Commission must take into account all factors that it considers relevant, including the equitable distribution of designated oil or gas in Canada. Variation, transfer, suspension and revocation of licences (2) Sections 348 to 351 apply in respect of a licence issued under this Division.
Canadian Energy Regulator Act — C-15.1 372
Regulations — Governor in Council 372 (1) The Governor in Council may make regulations for the purposes of this Division, including regulations (a) respecting the period of validity of licences, the approval required for the issuance of licences, the quantities that may be moved out of the designated area under the authority of a licence and any other conditions to which licences may be subject; and (b) prescribing the inspection of any instruments, devices, plant, equipment, books, records or accounts or any other thing used for or in connection with the movement of designated oil or gas out of the designated area. Regulations — Regulator (2) The Regulator may make regulations prescribing (a) the information to be provided by applicants for licences and the procedure to be followed in applying for and issuing licences; and (b) units of measurement and measuring instruments or devices to be used in connection with the movement of designated oil or gas out of the designated area.
Canadian Energy Regulator Act — C-15.1 373
Definitions 373 The following definitions apply in this Division. CCFTA has the same meaning as Agreement as defined in subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act . ( ALÉCC) CCRFTA has the same meaning as Agreement as defined in subsection 2(1) of the Canada — Costa Rica Free Trade Agreement Implementation Act . ( ALÉCCR ) CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act . ( ACEUM ) energy goods means any goods for the exportation of which a licence or permit issued under this Part or an order made under the regulations is required. ( produits énergétiques ) NAFTA [Repealed, 2020, c. 1, s. 208] 2019, c. 28, s. 10 “373” 2020, c. 1, s. 208
Canadian Energy Regulator Act — C-15.1
CCFTA has the same meaning as Agreement as defined in subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act . ( ALÉCC)
Canadian Energy Regulator Act — C-15.1
CCRFTA has the same meaning as Agreement as defined in subsection 2(1) of the Canada — Costa Rica Free Trade Agreement Implementation Act . ( ALÉCCR )
Canadian Energy Regulator Act — C-15.1
CUSMA has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act . ( ACEUM )
Canadian Energy Regulator Act — C-15.1
energy goods means any goods for the exportation of which a licence or permit issued under this Part or an order made under the regulations is required. ( produits énergétiques )
Canadian Energy Regulator Act — C-15.1 374
Principle 374 (1) In exercising its powers and performing its duties and functions, the Regulator must give effect to CUSMA, the CCFTA and the CCRFTA. Directions (2) The Governor in Council may, either on the recommendation of the Minister made at the request of the Regulator or on the Governor in Council’s own motion, give directions respecting the manner in which the Regulator is to perform the duty imposed on it by subsection (1) or the interpretation to be given to CUSMA, the CCFTA or the CCRFTA by the Regulator for the purposes of this Act. Effect (3) A direction issued under subsection (2) is binding on the Regulator from the time it comes into force and, unless it provides otherwise, applies in respect of matters pending before the Regulator at that time. Request of Regulator (4) The Regulator may, in order to request the issuance of a direction under subsection (2), suspend the determination of any matter of which it is seized. 2019, c. 28, s. 10 “374” 2020, c. 1, s. 209
Canadian Energy Regulator Act — C-15.1 375
Declaration of Governor in Council 375 The Governor in Council may, by order, declare that the maintenance or introduction of a restriction on the exportation to Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods is justified under Article C-13 of the CCFTA or Article III.11 of the CCRFTA, as the case may be. 2019, c. 28, s. 10 “375” 2020, c. 1, s. 210
Canadian Energy Regulator Act — C-15.1 376
Request for declaration 376 If, in the course of determining an application for a licence or permit, or determining whether to make an order, for the exportation to Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods, the Commission considers that the maintenance or introduction of a restriction on that exportation is in the public interest and that subparagraph 1(a), (b) or (c) of Article C-13 of the CCFTA or subparagraph 1(a), (b) or (c) of Article III.11 of the CCRFTA, as the case may be, would apply as a consequence of the restriction, the Commission may, in order to request that the Minister recommend to the Governor in Council that an order be made under section 375 in respect of the relevant energy goods, suspend the determination until not later than 120 days after the day on which the request is made. 2019, c. 28, s. 10 “376” 2020, c. 1, s. 210
Canadian Energy Regulator Act — C-15.1 377
Exportation to Chile or Costa Rica 377 (1) The Commission may neither refuse to issue a licence or permit or make an order nor suspend, revoke or vary a licence, permit or order for the exportation to Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods if that refusal, revocation, suspension or variation would constitute the maintenance or introduction of a restriction on that exportation as a consequence of which subparagraph 1(a), (b) or (c) of Article C-13 of the CCFTA or subparagraph 1(a), (b) or (c) of Article III.11 of the CCRFTA, as the case may be, would apply. Exception (2) Subsection (1) does not apply in respect of the exportation to Chile or Costa Rica of any energy goods, or of any quality, kind or class of energy goods, referred to in an order made under section 375 while the order is in force. Application or consent (3) Despite subsection (1), the Commission may suspend, revoke or vary a licence, permit or order if the holder of the licence, the holder of the permit or the person named in the order, as the case may be, applies for or consents to the suspension or revocation. 2019, c. 28, s. 10 “377” 2020, c. 1, s. 211
Canadian Energy Regulator Act — C-15.1 378
No declaration made 378 Despite not being satisfied that the criteria set out in section 345 have been met, the Commission may issue a licence for the exportation to Chile or Costa Rica of any energy goods, or of any quality, kind or class of energy goods, referred to in a request made under section 376 if (a) the Minister declines to recommend to the Governor in Council that an order be made under section 375 ; (b) the Governor in Council declines to make the order; or (c) no order is made within 120 days after the day on which the request is made. 2019, c. 28, s. 10 “378” 2020, c. 1, s. 212
Canadian Energy Regulator Act — C-15.1 379
Offence and punishment 379 (1) Every person who contravenes any of the provisions of this Part or the regulations made under this Part is guilty of an offence and liable (a) on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both; or (b) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years, or to both. Due diligence (2) A person is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence. Officers, directors, agents and mandataries (3) If a corporation commits an offence under subsection (1), any officer or director, or agent or mandatary, of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted. Proof of offence (4) In any prosecution for an offence under subsection (1), it is sufficient proof of the offence to show that it was committed by an employee, or an agent or mandatary, of the accused, whether or not the employee, or agent or mandatary, is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised due diligence to prevent its commission. Continuing offence (5) If an offence under subsection (1) is committed on more than one day, it is deemed to be a separate offence for each day on which the offence is committed or continued. Limitation period or prescription (6) Proceedings by way of summary conviction in respect of an offence under subsection (1) may be instituted at any time within but not later than one year after the day on which the subject matter of the proceedings arose.
Canadian Energy Regulator Act — C-15.1 380
Powers of certain officers 380 An officer as defined in subsection 2(1) of the Customs Act has, in respect of the exportation or importation of oil or gas, all the powers of an officer under the Customs Act and, except to the extent that they are inconsistent with any regulations made under paragraph 353 (1)(e), the provisions of that Act and any regulations made under that Act respecting search, detention, seizure, forfeiture, condemnation and disposition apply, with any modifications that the circumstances require, to oil or gas tendered for exportation or importation or exported or imported or otherwise dealt with contrary to this Part.
Canadian Energy Regulator Act — C-15.1 381
Definitions of oil and gas 381 For the purposes of this Part, oil and gas have the same meaning as in subsection 2(1) of the Canada Oil and Gas Operations Act .
Canadian Energy Regulator Act — C-15.1 382
Application 382 (1) This section applies to any decision of the Commission to make, amend or revoke a declaration of significant discovery under section 28 of the Canada Petroleum Resources Act or a declaration of commercial discovery under section 35 of that Act. Notice (2) At least 30 days before making a decision to which this section applies, the Commission must give written notice of its intention to make the decision to any person the Commission considers to be directly affected by the decision. Request for hearing (3) A person to whom notice is given may, in writing, request a hearing in respect of the decision, but the request must be received by the Commission within 30 days after the day on which notice is given. No request for hearing (4) If no request is received in accordance with subsection (3), the Commission may make the decision. Hearing (5) If a request is received in accordance with subsection (3), the Commission must fix a time and place for the hearing and notify each person who requested the hearing. Representations (6) Each person who requests a hearing may make representations and introduce witnesses and documents at the hearing. Decision (7) The Commission must make its decision and give notice of that decision to each person who requested the hearing and, on that person’s request, the Commission must make the reasons for its decision public.
Canadian Energy Regulator Act — C-15.1 383
Variation of licences or authorizations 383 The Commission or a person to whom powers are delegated under section 4.1 of the Canada Oil and Gas Operations Act may vary the conditions of any operating licence or authorization issued under section 5 of that Act.
Canadian Energy Regulator Act — C-15.1 384
Application to appeals 384 (1) This section applies to appeals brought under section 21 or subsection 25(8) of the Canada Oil and Gas Operations Act by a person aggrieved by an order of the Chief Conservation Officer or by any action or measure taken or authorized or directed to be taken by that Officer, other than the referral of an order to the Commission under subsection 58(5) of that Act. Powers (2) After hearing an appeal to which this section applies, the Commission may (a) set aside, confirm or vary the order, action or measure that is the subject of the appeal; (b) order any works to be undertaken that the Commission considers necessary to prevent waste, the escape of oil or gas or any other contravention of the Canada Oil and Gas Operations Act or the regulations made under that Act; or (c) make any other order that the Commission considers appropriate.
Canadian Energy Regulator Act — C-15.1 385
Show cause hearing relating to waste 385 (1) This section applies to applications by the Chief Conservation Officer to the Commission under section 22 of the Canada Oil and Gas Operations Act for a show cause hearing relating to waste , as defined in paragraph 18(2)(f) or (g) of that Act, in the recovery of oil or gas from a pool. Order (2) On receiving an application, the Commission must make an order requiring the operators within the pool to show cause at a hearing, to be held on a day specified in the order, why the Commission should not make a direction in respect of the waste. Hearing (3) On the day specified in the order, the Commission must hold a hearing at which the Chief Conservation Officer, the operators and other interested persons must be given an opportunity to be heard. Order (4) If, after the hearing, the Commission considers that waste is occurring in the recovery of oil or gas from a pool, it may, by order, (a) direct the introduction of a scheme for the collection, processing, disposition or reinjection of any gas produced from the pool; or (b) direct repressurizing, recycling or pressure maintenance for the pool or any part of the pool and for or incidental to that purpose, direct the introduction or injection of gas, water or any other substance into the pool or any part of the pool. Additional order (5) In addition to making an order under subsection (4), the Commission may, by order, direct that the pool or any part of the pool specified in the order be shut in if the requirements of the order are not met or unless a scheme is approved by the Commission and in operation by a date fixed in the order. Continuation pending approval (6) Despite subsections (4) and (5), the Commission may, by order, permit the continued operation of a pool or any part of a pool after the date fixed by an order made under this section if the Commission considers that a scheme or other action described in paragraph (4)(a) or (b) is in the course of preparation, but the continued operation is subject to any conditions the Regulator imposes.