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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 (continued)

Consequential Amendments (continued)

R.S., c. N-26Northern Pipeline Act (continued)

  • 117 (1) Paragraph 6(2)(b) of the Act is replaced by the following:

    • (b) designate one of the commissioners of the Regulator to be the Administrator of the Agency.

  • (2) Subsections 6(4) and (5) of the Act are replaced by the following:

    • Marginal note:Deputy to the Administrator

      (4) If the Governor in Council does not designate a commissioner of the Regulator to be the Administrator, the Governor in Council may, by order, designate one of the commissioners of the Regulator to be a deputy to the Administrator.

    • Marginal note:Non-application

      (5) Paragraph 29(c) of the Canadian Energy Regulator Act does not apply to the commissioner of the Regulator designated as Administrator or as a deputy to the Administrator.

Marginal note:2012. c. 19, s, 112

118 Sections 7 and 8 of the Act are replaced by the following:

Marginal note:Designated officer‘s powers

  • 7 (1) The designated officer may, in respect of the pipeline, exercise any of the powers, and perform any of the duties or functions, of the Regulator under the Canadian Energy Regulator Act — except those referred to in sections 80 to 86, 92 and 95 to 98, subsection 99(2), section 100, subsections 101(3), 102(3) and 103(2) to (4), sections 109 to 112, 115 to 173 and 181, subsections 183(1), (2), (4) to (6) and (8) to (11), sections 184, 186, 187, 195 to 197, 213, 214, 225 to 240, subsections 241(1) and (4), section 245 and Parts 7 and 9 of that Act — that may be delegated to him or her by order of the Regulator.

  • Marginal note:Certification of documents

    (2) The designated officer may, in respect of the pipeline, certify copies of

    • (a) the approved plan, profile and book of reference for the purpose of paragraph 198(d) of the Canadian Energy Regulator Act; and

    • (b) any permit issued under subsection 208(2) of that Act.

Marginal note:Regulator — substitute commissioner

8 If a commissioner of the Regulator is designated to be the Administrator or a deputy to the Administrator, the Governor in Council may appoint, on any terms and conditions that the Governor in Council may prescribe, a temporary substitute commissioner of the Regulator in place of that commissioner of the Regulator.

119 Subsections 9(2) and (3) of the Act are replaced by the following:

  • Marginal note:Acting designated officer

    (2) If the designated officer is absent or incapacitated, the Governor in Council may designate another commissioner of the Regulator to act as the Administrator or as a deputy to the Administrator, as the case may be, and the person so designated has all the powers, duties and functions of the Administrator or that deputy including the powers, duties and functions of the Regulator that were delegated to the Administrator or that deputy, unless the Governor in Council specifies otherwise.

  • Marginal note:Non-application

    (3) Paragraph 29(c) of the Canadian Energy Regulator Act does not apply to a commissioner of the Regulator designated under subsection (2).

120 Section 20 of the Act and the heading before it are replaced by the following:

Canadian Energy Regulator

Marginal note:Directions to the Regulator

  • 20 (1) The Governor in Council may, by order, in respect of the pipeline, give directions to the Regulator respecting the exercise of the powers of the Regulator under, or the performance of the duties and functions imposed on the Regulator by, the Canadian Energy Regulator Act and this Act and the Regulator must comply with those directions.

  • Marginal note:Directions to designated officer

    (2) The Governor in Council may, by order, in respect of the pipeline, give directions to the designated officer respecting the exercise of the powers and the performance of the duties and functions of the Regulator delegated to him or her by the Regulator under section 7 or imposed on him or her by this Act and the designated officer must comply with those directions.

121 Section 31 of the Act is replaced by the following:

Marginal note:Application

  • 31 (1) Sections 225 to 240 of the Canadian Energy Regulator Act, as modified by this Part, apply to every company and if there is any conflict between this Part and the Canadian Energy Regulator Act, this Part prevails.

  • Marginal note:Single tariff

    (2) If, in the opinion of the Commission of the Regulator, it is desirable that a single tariff be established in Canada in respect of the pipeline, the Commission of the Regulator may, on application of Foothills Pipe Lines (Yukon) Ltd. or on its own motion, by order, require Foothills Pipe Lines (Yukon) Ltd. to file such a tariff and, if the Commission of the Regulator does so, Foothills Pipe Lines (Yukon) Ltd. is deemed to be a company for the purposes of this Part and sections 225 to 240 of the Canadian Energy Regulator Act and every other company is relieved from any obligation to file a tariff until the Commission of the Regulator rescinds that order.

122 Section 35 of the Act is amended by replacing “Board” with “Regulator”.

123 Subsection 40(2) of the English version of the Act is amended by replacing “Board” with “Commission of the Regulator”.

124 The Act is amended by replacing “Board” with “Commission of the Regulator” in the following provisions:

  • (a) subsections 21(4) and (6);

  • (b) section 24;

  • (c) paragraph 26(1)(b);

  • (d) sections 32 and 33;

  • (e) the portion of section 34 before paragraph (a);

  • (f) subsections 37(3) and (4);

  • (g) paragraph 38(1)(b);

  • (h) section 39; and

  • (i) subsection 40(1).

R.S., c. O-7Canada Oil and Gas Operations Act

Marginal note:1994, c. 10, s. 1

125 Section 3.1 of the Canada Oil and Gas Operations Act is replaced by the following:

Marginal note:Designation

3.1 The Chief Executive Officer of the Canadian Energy Regulator may, for the purposes of this Act, designate an employee of the Canadian Energy Regulator to be the Chief Safety Officer and the same or another employee of that Regulator to be the Chief Conservation Officer.

Marginal note:1994, c. 10, s. 3

126 Subsection 5(6) of the Act is replaced by the following:

  • Marginal note:Variation

    (6) The Commission of the Canadian Energy Regulator may vary the conditions of an operating licence or authorization under section 383 of the Canadian Energy Regulator Act.

Marginal note:2015, c. 4, s. 7

127 Subsection 5.001(3) of the Act is replaced by the following:

  • Marginal note:Impact assessment

    (3) If the application for an authorization is in respect of a designated project, as defined in section 2 of the Impact Assessment Act, for which an impact assessment is required under that Act, the Minister of the Environment must issue the decision statement referred to in section 65 of that Act in respect of the designated project.

Marginal note:2015, c. 4. s. 7

128 Section 5.002 of the Act is replaced by the following:

Marginal note:Participant funding program

5.002 The Canadian Energy Regulator may establish a participant funding program to facilitate the participation of the public in the impact assessment, as defined in section 2 of the Impact Assessment Act, of any designated project, as defined in that section, if

  • (a) the Canadian Energy Regulator has responsibilities for the project under that Act;

  • (b) the project includes physical activities that are designated by regulations made under paragraph 112(1)(e) of that Act or that are part of a class of activities designated by those regulations; and

  • (c) the project is the subject of an application for an authorization under subsection 5(1) of this Act.

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