Frequently Asked Questions – Regulations

On 28 August 2019, the National Energy Board became the Canada Energy Regulator (CER). Regulations made under the National Energy Board Act remain in force under the Canadian Energy Regulator Act (CER Act). New regulations and updates to existing regulations are being implemented through a phased approach.

The FAQs below are meant to provide Canadians and businesses with basic information about the CER’s regulations. These regulations were chosen using web metrics to determine the top ten CER regulations accessed on the Department of Justice’s website as well as recently introduced regulations.

Administrative Monetary Penalties Regulations (Canadian Energy Regulator)
Canadian Energy Regulator Onshore Pipeline Regulations
Canadian Energy Regulator Pipeline Damage Prevention Regulations – Authorizations
Canadian Energy Regulator Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies
Canadian Energy Regulator Processing Plant Regulations
International and Interprovincial Power Line Damage Prevention Regulations – Authorizations
International and Interprovincial Power Line Damage Prevention Regulations – Obligations of Holders of Permits and Certificates
National Energy Board Act Part VI (Oil and Gas) Regulations
National Energy Board Export and Import Reporting Regulations
National Energy Board Rules of Practice and Procedure, 1995
Oil Pipeline Uniform Accounting Regulations
Toll Information Regulations

Administrative Monetary Penalties Regulations (Canadian Energy Regulator)

1. What is the purpose of this regulation?

The Canada Energy Regulator (CER) requires regulated companies to anticipate, prevent, manage, and mitigate potentially dangerous conditions associated with their pipelines. The CER will take all available actions to protect the safety of workers, the public, and the environment.

The purpose of administrative monetary penalties (AMPs) is to encourage compliance with the Canadian Energy Regulator Act (CER Act) and related regulations, deter future non-compliance, and prevent harm, with a focus on ensuring the safety of workers and the public, and the protection of the environment.

The Administrative Monetary Penalties Regulations (AMP Regulations) establish two types of violations and set a baseline penalty for each category. The baseline penalty is determined based on the type of violation and whether the violation is committed by an individual or company.

The AMP sections in the CER Act set out the maximum daily penalties for both individuals and companies. For individuals the maximum daily penalty is $25,000 for each violation, and for companies the maximum daily penalty is $100,000 per violation. Each day that a violation continues is considered to be a separate violation. This means that separate penalties could be issued per infraction, per day with no maximum total financial penalty.

2. What are the key elements of this regulation?

Designated provisions
Classification
Penalties
Service of documents

3. How does this regulation affect Canadian businesses?

AMPs are financial penalties the CER has the ability to impose on companies or individuals for non-compliance with the CER Act, regulations, decisions, permits, orders, licenses or certificate conditions.

4. Is there a limit to how much a violator can be fined?

There is no limit.

5. What sorts of violations would lead to penalties?

The AMP Regulations designate the provisions in the CER Act or its regulations that are intended to encourage safety and environmental protection as violations that could be subject to financial penalty. Schedule 1 of the AMP Regulations list these sections of the CER Act and its regulations that are designated as violations and could be subject to an AMP.

Contravention of an order or decision made under the NEB Act or the CER Act, as well as failure to comply with a term or condition of a certificate, licence, permit, leave or exemption granted under either Act, is also designated as a violation that could be subject to an AMP.

6. Can the penalties be adjusted?

The AMP Regulations establish two types of violations (Type A and Type B), and set a baseline penalty for each category. The baseline penalty is determined based on the type of violation (A or B) and who committed the violation (individual or company).

The baseline penalty can be adjusted by applying, if circumstances warrant, aggravating and mitigating factors that are set out in the regulations. These factors allow the gravity level to be increased or decreased from zero (the baseline penalty starts with a gravity level of zero). Each gravity level has a corresponding penalty amount that is listed in Schedule 2 of the AMP Regulations. If no adjustment factors are applied, the final gravity level will remain zero and the final penalty will be the baseline penalty.

The baseline penalty may be adjusted using the following factors:

The history of violations committed within the previous 7 years
Whether any competitive or economic benefit was derived from the violation
Whether the parties to the violation made any effort to mitigate or reverse the effects of the violation
Cooperation with the CER in their incident response, investigation and mitigation of the violation
Any steps taken to prevent reoccurrence of the violation
Whether the violation was primarily a reporting or record-keeping requirement
Any other factor considered relevant

Violators are required to pay any penalties in full.

7. What will be the CER’s approach to using AMPs?

The CER will consider the following criteria to guide the use of AMPs:

when compliance is not obtained using either facilitated or directed compliance tools
when harm is caused because of the non-compliance
when harm would likely occur because of the non-compliance
any other situation where an AMP is considered to be the best way to obtain compliance or deter future non-compliance

8. What is the timeline for implementation?

This regulation is in force.

9. Where can I get more information?

Canada Energy Regulator
210-517 10 Ave SW
Calgary AB T2R 0A8
Email: info@cer-rec.gc.ca
Telephone: 403-292-4800
Telephone (toll free): 1-800-899-1265
Facsimile: 403-292-5503
Facsimile (toll free): 1-877-288-8803

Canadian Energy Regulator Onshore Pipeline Regulations

1. What is the purpose of this regulation?

The Canadian Energy Regulator Onshore Pipeline Regulations (OPR) regulate the design, construction, operation and abandonment of pipelines to ensure safety, security and the protection of the environment.

2. What are the key elements of this regulation?

Management systems
Pipeline design
Construction
Operation and maintenance
Abandonment
Reporting
Audits and inspections

3. How does this regulation affect Canadian businesses?

Companies are responsible for meeting the requirements of the OPR to manage safety, security and environmental protection throughout the entire lifecycle of their facilities, from design, through to construction, operation and abandonment.

As required by the OPR, companies must establish, implement and maintain management systems and programs in order to anticipate, prevent, manage and mitigate conditions that may adversely affect the safety and security of persons, the company’s pipelines and abandoned pipelines, as well as the protection of property and the environment. A company’s management system applies to the company’s programs for safety, pipeline integrity, environmental protection, emergency management and security.

When requested by the Canada Energy Regulator, companies must demonstrate the adequacy and effectiveness of the management processes and procedures employed.

4. What is the timeline for implementation?

This regulation is in force.

5. Where can I get more information?

Canadian Energy Regulator Pipeline Damage Prevention Regulations – Authorizations

1. What is the purpose of this regulation?

The Canadian Energy Regulator Pipeline Damage Prevention Regulations – Authorizations provide the requirements for obtaining authorization to conduct activities near a Canada Energy Regulator (CER)-regulated pipeline including: activities that may cause a ground disturbance within 30 metres of the pipe (the prescribed area); construction of a facility near a CER-regulated pipeline; and the operation of a vehicle or mobile equipment across a CER-regulated pipeline, unless the vehicle or mobile equipment is operated within the travelled portion of a highway or public road. Under the Canadian Energy Regulator Act, activities causing ground disturbance within the prescribed area are prohibited unless authorized through these regulations or a Commission order. Similarly, construction of a facility near a pipeline (including the right of way) and the operation of a vehicle or mobile equipment across a CER-regulated pipeline (including the right of way) are prohibited unless authorized through the regulations or a Commission order.

2. What are the key elements of this regulation?

Activities that cause a ground disturbance
Locate request
Authorizations – consent
Construction of a facility near pipelines
Crossing pipelines with vehicle or mobile equipment

3. How does this regulation affect Canadian businesses?

People planning activities near pipelines are required to confirm the location of pipelines, obtain company consent, and meet all measures in the regulations before they start these activities.

4. What is the timeline for implementation?

This regulation is in force.

5. Where can I get more information?

Canadian Energy Regulator Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies

1. What is the purpose of this regulation?

The Canadian Energy Regulator Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies contains certain responsibilities of pipeline companies to land owners and land users who live and work near Canada Energy Regulator (CER)-regulated pipelines, and to everyone planning to: conduct a ground disturbance within 30 metres of the pipe (prescribed area); construct a facility near a pipeline; or to cross a pipeline with a vehicle or mobile equipment unless the vehicle or equipment is operated within the travelled portion of a highway or public road.

2. What are the key elements of this regulation?

One-call centre membership
Authorizations – consent
Obligations following locate requests
Inspections
Records
Obligations to report
Damage Prevention Program

3. How does this regulation affect Canadian businesses?

Pipeline companies are required to confirm that people know how to safely conduct ground disturbance and construction activities near pipelines, and to safely operate vehicles or mobile equipment across pipelines, and to provide the related consents and monitoring.

4. What is the timeline for implementation?

This regulation is in force.

5. Where can I get more information?

Canadian Energy Regulator Processing Plant Regulations

1. What is the purpose of this regulation?

The Canadian Energy Regulator Processing Plant Regulations (PPR) regulate the design, operation, and abandonment of processing plants to ensure proper safety, security, and protection of the environment.

2. What are the key elements of this regulation?

Design
Construction
Testing and examination
Operation
Reporting
Audits, inspections and records

3. How does this regulation affect Canadian businesses?

A company owning or operating a processing plant must ensure that its plans are designed, constructed and abandoned in accordance with specified rules, and health and safety standards, by making plans, seeking approval from the Canada Energy Regulator, following approved plans and maintaining records for audit.

Companies are responsible for meeting the requirements of the PPR to manage safety, security and environmental protection throughout the entire lifecycle of their facilities, from design, through to construction, operation and abandonment.

4. What is the timeline for implementation?

This regulation is in force.

5. Where can I get more information?

International and Interprovincial Power Line Damage Prevention Regulations – Authorizations

1. What is the purpose of this regulation?

The International and Interprovincial Power Line Damage Prevention Regulations – Authorizations provide the requirements for obtaining authorization to conduct certain activities near defined international and interprovincial power lines (power lines) including: construction of a facility across, on, along or under (near) a power line; activities that cause a ground disturbance within a prescribed area; and the operation of a vehicle or mobile equipment across a power line, unless the vehicle or mobile equipment is operated within the travelled portion of a highway or public road. Under the CER Act, these activities are prohibited unless authorized through these regulations, by the holder of a permit or certificate of a power line (holder), or a Commission order.

2. What are the key elements of this regulation?

Prescribed area
Ground disturbance – specified activities
Locate request
Authorizations of certain activities

3. How does this regulation affect Canadian businesses?

People planning activities near power lines are required to confirm the location of the underground portions of power lines, obtain the holder’s authorization, and meet all measures in the regulations before they start these activities.

4. What is the timeline for implementation?

This regulation is in force.

5. Where can I get more information?

International and Interprovincial Power Line Damage Prevention Regulations – Obligations of Holders of Permits and Certificates

1. What is the purpose of this regulation?

The International and Interprovincial Power Line Damage Prevention Regulations – Obligations of Holders of Permits and Certificates establishes the responsibilities that holders of permits and certificates of international and interprovincial power lines (holders) have to anyone who lives and works near defined international and interprovincial power lines (power lines), and to those planning to:

conduct an activity that causes a ground disturbance within a prescribed area;
construct a facility across, on, along or under (near) a power line; or
operate a vehicle or mobile equipment across a power line, unless the vehicle or mobile equipment is operated within the travelled portion of a highway or public road.

2. What are the key elements of this regulation?

Authorizations for certain activities
One-call centre membership
Obligations following request to locate
Inspections
Obligation to report
Damage prevention program

3. How does this regulation affect Canadian businesses?

Holders are required to confirm that people know how to safely conduct activities that cause ground disturbance within the prescribed area and construction of a facility near power lines, to safely operate vehicles or mobile equipment across power lines, and to provide the related authorizations and monitoring.

4. What is the timeline for implementation?

This regulation is in force.

5. Where can I get more information?

National Energy Board Act Part VI (Oil and Gas) Regulations

1. What is the purpose of this regulation?

The National Energy Board Act Part VI (Oil and Gas) Regulations (Part VI Regulations) set out the information to be filed for licences and provides for the issuance of orders for the exportation of oil and gas.

2. What are the key elements of this regulation?

Export licences
Export orders
Contract terms and conditions
Status sheet for contractual arrangements

3. How does this regulation affect Canadian businesses?

By setting out the information needed by the Canada Energy Regulator (CER), the Part VI Regulations allow the CER to expedite the handling of license applications.

Pipeline companies must report volumes shipped in aggregate, not volumes shipped by individual shippers.

4. What is the timeline for implementation?

This regulation is in force.

5. Where can I get more information?

National Energy Board Export and Import Reporting Regulations

1. What is the purpose of this regulation?

Together with the Toll Information Regulations, the National Energy Board Export and Import Reporting Regulations (Reporting Regulations) provide the Canada Energy Regulator (CER) with information necessary to understand the functioning of the energy markets in Canada, so that CER oversight adapts to the evolving energy markets.

The Reporting Regulations require that on or before the last day of each month, the holder of a licence or order for the exportation or importation of gas, propane, butanes, ethane, refined petroleum products or crude oil submit a report to the CER summarizing the previous month's activities.

This information is used, in aggregate, to:

monitor the flow of natural gas volumes, costs and prices through various export points and issue monthly reports for use by external parties;
monitor the flow of ethane and record export prices;
monitor the flow of propane and butanes, record prices and issue monthly reports for use by external parties; and
monitor the flow of crude oil and refined petroleum products, record prices and issue monthly reports for use by external parties.

Monthly reports are a mandatory condition of any order or licence that may be issued in respect of the import or export of natural gas, ethane, propane, butanes, refined petroleum products or crude oil.

2. What are the key elements of this regulation?

Keeping returns
Submitting returns
Units of measurement

3. How does this regulation affect Canadian businesses?

Holders of export or import orders, licences and permits must regularly report to the CER certain information about actual flows of natural gas, ethane, propane, butanes, refined petroleum products or crude oil.

4. What is the timeline for implementation?

This regulation is in force.

5. Where can I get more information?

National Energy Board Rules of Practice and Procedure, 1995

1. What is the purpose of this regulation?

The National Energy Board Rules of Practice and Procedure, 1995 (the Rules) govern the procedures:

to be followed during a proceeding (as defined in the Rules), and
for applications for review or rehearing, for immediate right of entry and for approval of the Plan, Profile and Book of Reference.

2. What are the key elements of this regulation?

Filing of documents
Service
Public hearings
Applications for review or rehearing
Plan, Profile and Book of Reference
Right of entry

3. How does this regulation affect Canadian businesses?

The Rules provide businesses with a procedural framework for proceedings and filing applications. The procedural framework provides certainty and promotes efficiency; businesses do not have to apply for procedural directions on a case by case basis.

4. What is the timeline for implementation?

This regulation is in force.

5. Where can I get more information?

Oil Pipeline Uniform Accounting Regulations

1. What is the purpose of this regulation?

The Oil Pipeline Uniform Accounting Regulations standardize accounting for assets and expenses subject to Canada Energy Regulator (CER) regulations and to facilitate CER audits of companies subject to CER financial regulations.

2. What are the key elements of this regulation?

Records
Accounts
Costs
Additions, retirements, maintenance, and depreciation
Securities
Assets and liabilities

3. How does this regulation affect Canadian businesses?

Companies must maintain a set of accounting books consistent with these regulations, or obtain CER approval to be exempted from that requirement.

4. What is the timeline for implementation?

This regulation is in force.

5. Where can I get more information?

Toll Information Regulations

1. What is the purpose of this regulation?

Together with the Export and Import Reporting Regulations, the Toll Information Regulations provide the Canada Energy Regulator (CER) with information necessary to understand the functioning of the energy markets in Canada, so that CER oversight adapts to the evolving energy markets.

Information on traffic, including throughput, is essential to the CER as it is an important indicator of the health of a pipeline, including the company’s ability to maintain and abandon its pipeline.

The Toll Information Regulations require pipeline companies that charge tolls to submit to the Board on a quarterly basis information on traffic, including export volumes, capital, revenues, expenses and rates of return. The Filing Manual provides more specific guidance on the information to be filed.

2. What are the key elements of this regulation?

Submitting reports

3. How does this regulation affect Canadian businesses?

A pipeline company that charges tolls must file the information as required, and make the information available to their shippers. Their shippers use this information to evaluate whether they are being fairly charged for services provided. Where they have concerns, the shippers can ask the CER to consider a complaint.

4. What is the timeline for implementation?

This regulation is in force.

5. Where can I get more information?

Consult the Canada Energy Regulator’s Acts and Regulations web page for:

a list of acts and regulations administered by the Canada Energy Regulator
further information on the Canada Energy Regulator’s implementation of government-wide regulatory management initiatives

Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada:

To learn about upcoming or ongoing consultations on proposed federal regulations, visit:

Date modified:: 2022-10-12