2023–24 Annual Report of the Commission of the Canada Energy Regulator – Appendix E: Leave to Open Orders Issued

Under the CER Act, a company requires permission from the Commission before opening a pipeline or a section of pipeline for the transmission of hydrocarbons or any other commodity. The Commission may grant leave under section 213 of the CER Act (formerly section 47 of the National Energy Board Act) if satisfied that the pipeline can be safely opened for transmission. Applications for this leave are made after approved construction is complete and the company can demonstrate that the facility can begin operations safely. Note that companies may apply for partial leaves to open if, for example, the pipeline is being constructed in phases or sections. The Commission may also, by order, exempt a company under section 214 of the CER Act from the requirement to file a leave to open application.

The table below shows the number of Leave to Open Orders issued in the 2023-24 fiscal year, by company.

Leave to Open Orders Issued

Company

Number of Leave to Open Orders

Foothills Pipe Lines (South B.C.) Ltd.

2

NOVA Gas Transmission Ltd.

11

Trans Mountain Pipeline ULC

18

TransCanada PipeLines Limited

1

Twin Rivers Paper Company Inc.

1

Zibi Community Utility

1

Total

34

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