Canadian Energy Regulator Act (S.C. 2019, c. 28, s. 10)

Marginal note:Plan, profile and book of reference

• 199 (1) The company must submit the plan, profile and book of reference referred to in paragraph 198(c) to the Regulator.

• Marginal note:Details

  (2) The plan and profile must include any details that the Commission may require.

• Marginal note:Description of lands

  (3) The book of reference must describe the portion of land proposed to be taken in each parcel of land to be traversed, giving the numbers of the parcels, and the area, length and width of the portion of each parcel to be taken, and the names of the owners and occupiers insofar as they can be ascertained.

• Marginal note:Additional information

  (4) The plan, profile and book of reference must be prepared to the satisfaction of the Commission, and the Commission may require the company to provide any additional information that the Commission considers necessary.

Marginal note:Additional material to be deposited

200 In addition to the plans, profiles and books of reference, a company must, as soon as feasible, deposit with the Regulator any additional material, including plans, specifications and drawings with respect to any part of its pipeline, as the Commission may require.

Determination of Detailed Route and Approval

Marginal note:Notice to owners

• 201 (1) If a company has submitted to the Regulator a plan, profile and book of reference under subsection 199(1), the company must, in the form and manner specified by the Commission,

  • (a) serve a notice on all owners of lands proposed to be acquired, leased, taken or used, insofar as they can be ascertained; and

  • (b) publish a notice in at least one issue of a publication, if any, in general circulation within the area in which the lands are situated.

• Marginal note:Contents of notices

  (2) The notices mentioned in subsection (1) must describe the proposed detailed route of the pipeline, the location of the head office of the Regulator and the right of the owner and of persons referred to in subsection (4) to make, within the period referred to in subsection (3) or (4), as the case may be, representations to the Commission respecting the detailed route of the pipeline.

• Marginal note:Publication by Regulator

  (2.1) The Regulator must publish on its website any notice that is published under paragraph (1)(b).

• Marginal note:Opposition — owner

  (3) If an owner of lands who has been served with a notice under subsection (1) wishes to oppose the proposed detailed route of a pipeline, the owner may, within 30 days after the day on which the notice is served, file with the Regulator a written statement setting out the nature of their interest and the grounds for their opposition to that route.

• Marginal note:Opposition — other persons

  (4) A person who anticipates that their lands may be adversely affected by the proposed detailed route of a pipeline, other than an owner of lands referred to in subsection (3), may oppose the proposed detailed route by filing with the Regulator, within 30 days after the day on which the last notice referred to in subsection (1) is published, a written statement setting out the nature of their interest and the grounds for their opposition to that route.

Marginal note:Public hearing

• 202 (1) If a written statement is filed with the Regulator under subsection 201(3) or (4) within the period set out in that subsection, the Commission must order that a public hearing be held.

• Marginal note:Region

  (2) The Commission must select a region in which to hold the hearing that it considers convenient for persons who filed a written statement under subsection 201(3) or (4) and must provide reasons for its selection, including the factors that it took into account.

• Marginal note:Notice of public hearing

  (3) The Commission must fix a suitable time and place for the hearing and cause notice of the time and place to be given by publishing it in at least one issue of a publication, if any, in general circulation within the area in which the lands are situated and by sending it to each person who filed a written statement under subsection 201(3) or (4).

• Marginal note:Opportunity to be heard

  (4) At the time and place fixed for the hearing, the Commission must hold a hearing and must permit each person who filed a written statement under subsection 201(3) or (4) to make representations and may, if the Commission considers it appropriate to do so, allow any other interested person to make representations before it.

• Marginal note:Inspection of lands

  (5) The Commission or a person authorized by it may inspect the lands that are proposed to be acquired, leased, taken or used for, or that are affected by, the pipeline construction as the Commission considers necessary.

• Marginal note:Commission may disregard written statements

  (6) The Commission may at any time disregard a written statement filed under subsection 201(3) or (4) and is not required to take any action under this section with respect to that statement, if

  • (a) the person who filed the statement files a notice of withdrawal with the Regulator; or

  • (b) the Commission considers that the statement is frivolous or vexatious or is not made in good faith.

Marginal note:Matters to be taken into account

• 203 (1) Subject to subsections (2) and 202(6), the Commission must not approve a plan, profile and book of reference unless it has taken into account, in order to determine the best possible detailed route of the pipeline and the most appropriate methods and timing of its construction,

  • (a) all written statements filed under subsection 201(3) or (4); and

  • (b) all representations made to the Commission at a public hearing.

• Marginal note:Exception

  (2) The Commission may approve a plan, profile and book of reference in respect of any section or part of a pipeline if no written statement under subsection 201(3) or (4) has been filed in respect of that section or part.

Marginal note:Conditions

204 In any approval referred to in section 203, the Commission may impose any conditions that it considers appropriate.

Marginal note:Notice of decision

205 If the Commission has held a public hearing under subsection 202(4) in respect of any section or part of a pipeline and approved or refused to approve a plan, profile and book of reference respecting that section or part, it must, without delay, forward a copy of its decision and the reasons for it to each person who made representations to the Commission at the public hearing.

Marginal note:Costs of making representations

206 The Commission may, by order, fix an amount that it considers reasonable in respect of the interim or final costs that are incurred by any person who made or will make representations to the Commission at a public hearing under subsection 202(4) and that amount is payable, on an interim or final basis and without delay, to that person by the company whose pipeline route is the subject of the public hearing.

Marginal note:For greater certainty

207 For greater certainty, the issuance of a certificate or the approval of a plan, profile and book of reference does not relieve the company from otherwise complying with this Act.

Errors

Marginal note:Application for correction of errors

• 208 (1) If any omission, misstatement or error is made in a registered plan, profile or book of reference, the company must submit an application to the Regulator for a permit to correct the omission, misstatement or error.

• Marginal note:How corrected

  (2) The Commission may in its discretion issue a permit setting out the nature of the omission, misstatement or error and the correction allowed.

• Marginal note:Registration

  (3) On the deposit of copies of the permit issued under subsection (2), certified by the Regulator, in the land registry office or other office where title to land is recorded for the area in which the lands affected are situated, the plan, profile or book of reference must be considered to be corrected in accordance with the permit, and the company may, subject to the other provisions of this Act, construct the pipeline in accordance with the correction.

Marginal note:Error as to names

209 A pipeline may be made, carried or placed across, on or under lands on the detailed route, even if, through error or any other cause, the name of the owner or holder of an interest or right in the lands has not been entered in the book of reference, or some other person is erroneously mentioned as the owner or holder of an interest or right in the lands.

Duties of Land Registrar

Marginal note:Registration of plans, etc.

• 210 (1) Every land registrar must receive and preserve in their office the plans, profiles, books of reference, certified copies and other documents required by this Act to be deposited with the registrar, and must endorse them with the day, hour and minute when they were deposited.

• Marginal note:Copies

  (2) Any person may inspect the documents preserved under subsection (1) and may make extracts and copies of them.

• Marginal note:Certified copies

  (3) A land registrar must, at the request of any person, certify copies of any document or portion of a document preserved under subsection (1), on being paid at a rate that is reasonable and customary in similar cases.

• Marginal note:Certification

  (4) The certification of the land registrar must set out that the document was deposited in the registrar’s office, and must state the time when it was deposited.

• Marginal note:Evidence

  (5) A certified copy referred to in subsection (4) is evidence of the original deposited and is evidence that the original was deposited at the time stated and certified, and that it was signed, certified, attested or otherwise executed by the persons by whom and in the manner in which the original purports to be signed, certified, attested or executed, as shown or appearing by the certified copy, and, in the case of a plan, that the plan is prepared according to a scale and in a manner and form sanctioned by the Commission.

Deviations and Relocations

Marginal note:Approval of deviations

• 211 (1) If a deviation is required by a company to be made in a pipeline, or a part of a pipeline, that has been constructed or for which a detailed route has been approved, a plan, profile and book of reference of the part of the pipeline proposed to be changed, showing the deviation proposed to be made, must be submitted to the Regulator for the approval of the Commission.

• Marginal note:Construction after approval

  (2) If the plan, profile and book of reference of the part of the pipeline proposed to be changed have been approved by the Commission, and copies have been deposited as provided in this Act with respect to the original plan, profile and book of reference, the company may make the deviation, and all the provisions of this Act are applicable to the part of the pipeline, as changed or proposed to be changed, in the same manner as they are applicable to the original pipeline.

• Marginal note:Exemptions

  (3) The Commission may exempt a company from all or any of the provisions of this section if the deviation was made or is to be made for the purpose of benefiting a pipeline, or for any other public purpose, if it considers it appropriate to do so, but the deviation must not exceed the distance that is specified by the Commission from the centre line of the pipeline located or constructed in accordance with the plans, profiles and books of reference approved by the Commission under this Act.

Marginal note:Relocation

• 212 (1) The Commission may, by order, on any conditions that it considers appropriate, direct a company to relocate its pipeline if the Commission considers that the relocation is necessary

  • (a) to ensure the safety of persons and the pipeline;

  • (b) to protect the environment;

  • (c) to facilitate the construction, reconstruction or relocation of a highway, a railway or any other work of public interest; or

  • (d) to prevent or remove an interference with a drainage system.

• Marginal note:Costs of relocation

  (2) The Commission may, by order, direct by whom and to whom the costs of the relocation referred to in subsection (1) must be paid.

• Marginal note:Procedures

  (3) The Commission must not direct a company to relocate any section or part of its pipeline unless the procedures set out in sections 201 to 205 have been complied with in respect of the section or part to be relocated.

• Marginal note:Order

  (4) For the purposes of ensuring that the procedures set out in sections 201 to 205 are complied with, the Commission may order the company to carry out the procedures that the company would have been required to carry out if the company had submitted to the Regulator a plan, profile and book of reference under subsection 199(1) and those sections apply, with any modifications that the circumstances require, in respect of any matter related to the carrying out of those procedures.

• Marginal note:Costs of making representations

  (5) The Commission may, by order,

  • (a) fix an amount that it considers reasonable in respect of the interim or final costs incurred by any person who made or will make representations to the Commission under this section; and

  • (b) direct by whom and to whom the amount is to be paid.