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An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (S.C. 2019, c. 28)

Assented to 2019-06-21

PART 4Consequential and Coordinating Amendments and Coming into Force

Consequential Amendments

R.S., c. A-1Access to Information Act

81 Schedule I to the Access to Information Act is amended by striking out the following under the heading “Other Government Institutions”:

  • Canadian Environmental Assessment Agency

    Agence canadienne d’évaluation environnementale

  • National Energy Board

    Office national de l’énergie

82 Schedule I to the Act is amended by adding the following, in alphabetical order, under the heading “Other Government Institutions”:

  • Canadian Energy Regulator

    Régie canadienne de l’énergie

  • Impact Assessment Agency of Canada

    Agence canadienne d’évaluation d’impact

Marginal note:2012, c. 19, s. 56

83 Schedule II to the Act is amended by striking out the reference to

  • Canadian Environmental Assessment Act, 2012

    Loi canadienne sur l’évaluation environnementale (2012)

and the corresponding reference to “subsections 45(4) and (5)”.

84 Schedule II to the Act is amended by adding, in alphabetical order, a reference to

  • Canadian Energy Regulator Act

    Loi sur la Régie canadienne de l’énergie

and a corresponding reference to “subsections 58(1) and (2), 113(2) and 114(4)”.

85 Schedule II to the Act is amended by adding, in alphabetical order, a reference to

  • Canadian Navigable Waters Act

    Loi sur les eaux navigables canadiennes

and a corresponding reference to “subsections 26.2(1) and (2)”.

86 Schedule II to the Act is amended by adding, in alphabetical order, a reference to

  • Impact Assessment Act

    Loi sur l’évaluation d’impact

and a corresponding reference to “section 30, subsections 53(4) and (5), section 57 and subsections 119(1) and (2) and 141(4)”.

R.S., c. E-6Energy Administration Act

  • 87 (1) The definition Board in subsection 2(1) of the Energy Administration Act is repealed.

  • (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    Regulator

    Regulator means the Canadian Energy Regulator. (Régie)

88 The definition licence in subsection 4(1) of the Act is replaced by the following:

licence

licence means a licence or other authorization that is issued under Part 7 of the Canadian Energy Regulator Act and that permits the export of oil under that Act. (licence)

89 Section 7 of the Act is replaced by the following:

Marginal note:Chief Executive Officer of the Regulator

7 The Chief Executive Officer of the Regulator administers and enforces this Part on behalf of the Minister and collects the charges imposed under it and, on the request of the Minister, provides him or her with advice and information in respect of exemptions or reductions under subsection 8(1).

90 Subsection 10(2) of the Act is replaced by the following:

  • Marginal note:Recovery of charges and penalties

    (2) All charges and penalties payable under this Part may be recovered in the same manner as any amount payable under the Excise Tax Act and for that purpose sections 82 to 93 of that Act apply with any modifications that the circumstances require and any reference to the Minister or Deputy Minister in those sections is to be construed as a reference to the Chief Executive Officer of the Regulator, as the case may be.

91 Subsection 12(3) of the Act is replaced by the following:

  • Marginal note:Inspection

    (3) Every person required by subsection (1) to keep records and books of account must, at all reasonable times, make the records and books of account and the accounts and vouchers necessary to verify the information in them available to designated officers and inspection officers, as defined in section 2 of the Canadian Energy Regulator Act and any other person designated by the Regulator and give them every facility necessary to inspect the records, books, accounts and vouchers.

Marginal note:R.S., c. 47 (4th Supp.), s. 52 (Sch., subitem 4(1))

92 Section 13 of the Act is replaced by the following:

Marginal note:Appeal

13 If any difference arises or if any doubt exists as to whether any charge is payable or as to the amount of the charge that is payable on the exportation of any oil, the Canadian International Trade Tribunal established by the Canadian International Trade Tribunal Act may declare what amount of charge is payable, if any, and for that purpose sections 104 and 105 of the Excise Tax Act apply with any modifications that the circumstances require and any reference in those sections to the Deputy Minister is to be construed as a reference to the Chief Executive Officer of the Regulator.

93 Section 53 of the Act is replaced by the following:

Marginal note:Conflict

53 In the event of a conflict between any price prescribed under this Part and any price established under Part 3 of the Canadian Energy Regulator Act, the price prescribed under this Act prevails.

94 Subsection 54(4) of the Act is replaced by the following:

  • Marginal note:Determining other costs

    (4) In determining a purchaser’s cost of service for the purposes of subsection (1) or a purchaser’s cost in respect of the acquisition and transportation of gas for the purposes of subsection (2), the Commission of the Regulator is to be governed by the rules it applies in determining those costs for the purposes of making orders with respect to traffic, tolls or tariffs under Part 3 of the Canadian Energy Regulator Act.

  • 95 (1) The Act is amended by replacing “Board” with “Regulator” in the following provisions:

    • (a) subsection 9(2);

    • (b) paragraph 36(2)(e); and

    • (c) section 55.

  • (2) The Act is amended by replacing “Board” with “Commission of the Regulator” in the following provisions:

    • (a) the portion of subsection 9(4) before paragraph (a);

    • (b) section 36.1;

    • (c) paragraphs 43(1)(a) and (b);

    • (d) section 44;

    • (e) paragraph 52(d); and

    • (f) paragraphs 54(1)(b) and (2)(a) and (b) and subsection 54(3).

R.S., c. E-9Energy Supplies Emergency Act

Marginal note:1990, c. 2, s. 4

96 Paragraph 25(1)(l) of the Energy Supplies Emergency Act is replaced by the following:

  • (l) respecting the prices at which any controlled product may be sold by suppliers to wholesale customers in particular market areas or generally and the charges for transportation between market areas except for transportation by means of a pipeline in respect of which there is in force a certificate or other authority to operate a pipeline issued under the Canadian Energy Regulator Act;

  • 97 (1) Subsection 36(1) of the Act is replaced by the following:

    Marginal note:Definition of pipeline company

    • 36 (1) In this section, pipeline company means a company operating a pipeline in respect of which there is in force a certificate or other authority to operate a pipeline, issued under the Canadian Energy Regulator Act.

  • (2) Subsections 36(5) and (6) of the Act are replaced by the following:

    • Marginal note:Additional powers granted

      (5) The Commission of the Canadian Energy Regulator is vested with all powers, in addition to its powers under the Canadian Energy Regulator Act, that are necessary to enable it to carry out or enforce a direction of the Energy Supplies Allocation Board.

    • Marginal note:Saving

      (6) It is not a contravention of section 235 of the Canadian Energy Regulator Act if a discrimination in tolls, services or facilities against any person arises solely as a consequence of compliance with any order of the Commission of the Canadian Energy Regulator that is made under a direction issued under this section, and section 236 of that Act is not applicable in respect of that discrimination.

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