Forward Regulatory Plan

Canada Energy Regulator’s Forward Regulatory Plan for 2024 to 2026:

  • is a publicly available list, with descriptions, of planned or anticipated regulatory changes (regulatory initiatives) that the Canada Energy Regulator (CER) intends to propose or finalize within a 2-year period
  • may include regulatory initiatives that are planned to come forward over a longer time frame and that are indicated as long-term

Forward Regulatory Plans are intended to help Canadians, including businesses, Indigenous peoples and trading partners, plan for opportunities to provide their feedback during regulatory development and future regulatory changes.

The Forward Regulatory Plan briefly describes each regulatory initiative and includes information such as:

  • who may be affected by a regulatory initiative
  • regulatory cooperation efforts undertaken or planned
  • opportunities for public consultation
  • links to related information or analysis
  • the CER’s contact information

The Forward Regulatory Plan will be updated over time to reflect progress in regulatory development or changes to the CER’s regulatory priorities or its operating environment

Some of the initiatives in this plan may be associated with the CER’s multi-year plan to review its existing regulations (Regulatory Stock Review Plan).

Forward Regulatory Plan: 2024 to 2026

This Forward Regulatory Plan provides information on regulatory initiatives that the Canada Energy Regulator (CER) aims to propose or finalize in the next 2 years through:

  • pre-publication in the Canada Gazette, Part I
  • final publication in the Canada Gazette, Part II

The Forward Regulatory Plan may also include regulatory initiatives that are planned to come forward over a longer time frame. Comments or enquiries can be made using the contact information included with each regulatory initiative.

Regulatory initiatives

Cost Recovery Regulations (Associated with the Regulatory Stock Review Plan)

Enabling act(s)
Canadian Energy Regulator Act (CER Act)

Description
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under the National Energy Board Act remain in force under the Canadian Energy Regulator Act (CER Act) until they are repealed or others made in their stead. New regulations and updates to existing regulations are being implemented through a phased approach.

The Cost Recovery Regulations set out the manner in which the CER determines the costs related to carrying out its mandate and the process for recovering all or a portion of those costs from the companies it regulates. Section 87 of the CER Act provides that regulations may be made for recovering all costs attributable to the CER’s mandate and including costs for applications that are denied or withdrawn.

The Cost Recovery Regulations will be updated to reflect the changes in the regulation-making authority introduced by the CER Act.

The CER’s cost recovery regulations are based on a three year billing cycle. Transitional regulations for cost recovery provide clarity that the current regulations remain in place over a multiple-year billing cycle, across the transition period from the NEB to the CER.

This regulatory initiative is associated with the CER’s Regulatory Stock Review Plan.

Regulatory cooperation efforts (domestic and international)
There are no regulatory cooperation efforts related to this proposal. It does not impact other governments, including other countries, provinces, or territories.

Potential impacts on Canadians, including businesses
The proposed regulatory change is expected to update the cost recovery framework for CER-regulated companies and facilities. The proposed regulations are not expected to affect Canadians or involve significant impacts on international trade or investment.

Consultations
On 1 November 2021, the CER released a Regulatory Proposal seeking feedback on proposed amendments for the Cost Recovery Regulations under the Canadian Energy Regulator Act. The CER requested feedback on the Regulatory Proposal until 30 November 2021. Twelve companies provided Letters of Comment. Information on consultation opportunities will appear on the CER’s Consultation and Engagement Activities webpage.

Further information

Canada Energy Regulator contact information
Rumu Sen
Regulatory Policy
Telephone: (403) 390-6177
Toll Free Telephone: 1-800-899-1265
Toll Free Fax: 1-877-288-8803
Email: rumu.sen@cer-rec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan
April 1, 2019

Designated Company Cost Recovery Regulations

Enabling act(s)
Canadian Energy Regulator Act (CER Act)

Description
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) until they are repealed or others made in their stead. New regulations and updates to existing regulations are being implemented through a phased approach.

On June 18, 2015, the Pipeline Safety Act received Royal Assent. The Pipeline Safety Act requires the CER to make regulations to recover costs, expenses and damages associated with a pipeline release when a company has been “designated” by the Governor in Council (GIC). GIC may designate a company if there is a pipeline release and the responsible company: (i) is unable to pay the costs, expenses and damages associated with the release; or (ii) does not comply with a CER order related to the release. The regulations will help ensure that such costs will be recovered from the designated company and other specified companies.

Regulatory cooperation efforts (domestic and international)
There are no regulatory cooperation efforts related to this proposal. It does not impact other governments, including other countries, provinces, or territories.

Potential impacts on Canadians, including businesses
The proposed regulation is expected to prevent a situation wherein taxpayers are responsible for paying the charges back to the Consolidated Revenue Fund in a designated company situation.

Consultations
A Regulatory Proposal was published for public comment in 2018, and five letters of comment were received. Further engagement on the Designated Company Cost Recovery Regulations is anticipated to resume pending the development of the CER Cost Recovery Regulations. The CER Cost Recovery Regulations are expected to inform the development of this proposal. Information on consultation opportunities will appear on the CER’s Consultation and Engagement Activities webpage.

Further information

Canada Energy Regulator contact information
Rumu Sen
Regulatory Policy
Telephone: (403) 390-6177
Toll Free Telephone: 1-800-899-1265
Toll Free Fax: 1-877-288-8803
Email: rumu.sen@cer-rec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan
October 1, 2016

Designated Officers Regulations

The CER is working with Natural Resources Canada on regulations that would be made under the CER Act. Consult Natural Resources Canada’s Forward Regulatory Plan for information about the Designated Officer Regulations

Export and Import Regulatory Framework (Associated with the Regulatory Stock Review Plan)

Enabling act(s)
Canadian Energy Regulator Act (CER Act)

Description
On 6 July 2012, the Government of Canada enacted the Jobs, Growth and Long-term Prosperity Act which made amendments to parts of the National Energy Board Act (NEB Act) that affect the National Energy Board’s (NEB) export and import regulatory framework.

In order to make the related changes to the NEB’s export and import regulatory framework, the NEB proposed amendments to the National Energy Board Part VI (Oil and Gas) Regulations, the National Energy Board Electricity Regulations, the National Energy Board Export and Import Reporting Regulations, and the Toll Information Regulations. Consultation was conducted with stakeholders in 2014, and input received is being considered in the regulation amendment process.

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) until they are repealed or others made in their stead. The CER Act contains similar regulation making authorities as the NEB Act with respect to the federal export and import regulatory framework for oil and gas. New regulations and updates to existing regulations are being implemented through a phased approach.

This regulatory initiative is associated with the CER’s Regulatory Stock Review Plan.

Regulatory cooperation efforts (domestic and international)
As part of their overall engagement efforts, CER staff consulted other federal regulators with import and export reporting requirements to help inform regulatory development.

Potential impacts on Canadians, including businesses
The proposed regulatory changes are expected to simplify and streamline regulatory requirements for businesses involved in the export and import of oil, gas, or electricity. The proposed regulations are not expected to affect Canadians or involve significant impacts on international trade or investment.

Consultations
Proposed amendments to the Export and Import Regulatory Framework were posted on the NEB website for public comment from August to October 2013. The Board received 11 letters of comment regarding the proposed amendments.

Proposed regulations will be pre-published in the Canada Gazette, Part I for a 45-day public comment period, anticipated for December 2024. Information on when this will occur will be available on the CER Dialogue website.

Further information

Canada Energy Regulator contact information
Jenni Low
Regulatory Policy
Telephone: (403) 607-3857
Toll Free Telephone: 1-800-899-1265
Toll Free Fax: 1-877-288-8803
Email: jenni.low@cer-rec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan
April 1, 2014

Indigenous Ministerial Arrangements Regulations

The CER is working with Natural Resources Canada on regulations would be made under the CER Act. Consult Natural Resources Canada’s Forward Regulatory Plan for information about the Indigenous Ministerial Arrangement Regulations.

Further information: Proposed Indigenous Ministerial Arrangements Regulations (project website)

Offshore Renewable Energy Regulations Initiative

The CER is working with Natural Resources Canada on regulations that would be made under the CER Act. Consult Natural Resources Canada’s Forward Regulatory Plan for information about the Offshore Renewable Energy Regulations Initiative.

Onshore Pipeline Regulations (Associated with the Regulatory Stock Review Plan)

Enabling act(s)
Canadian Energy Regulator Act (CER Act)

Description
The CER has initiated a review of the Canadian Energy Regulator Onshore Pipeline Regulations (OPR), the CER’s principal regulation for onshore pipelines. The review is part of the CER’s commitment to continual improvement of regulations that provide requirements for safety, security and protection of the environment, and includes updates for alignment with the CER Act.

This regulatory initiative is associated with the CER’s Regulatory Stock Review Plan.

Regulatory cooperation efforts (domestic and international)
As part of overall engagement efforts, the CER consults with provinces and other regulators to help inform regulatory development.

Potential impacts on Canadians, including businesses
The goal of the review is to identify opportunities for improvement, and seek input to inform the approach to the regulations. Groups to be consulted include CER-regulated companies, Indigenous Peoples, and stakeholders with an interest in federally regulated pipelines. The regulatory initiative will not involve significant impacts on international trade or investment.

Consultations
The CER conducted the first phase of engagement, from January through June 2022, with a Discussion Paper and engagement sessions. A What We Heard report was posted in April 2023 on the CER Dialogue website for the OPR.

In June 2024, the CER hosted virtual information sessions to provide general information about the CER, the OPR and Filing Manuals review project, and the topic papers. Topic-specific information sessions were offered in September and workshops will be hosted November to December 20, 2024.

Information on further engagement opportunities will appear on the CER Dialogue website.

Further information

Canada Energy Regulator contact information
Don Logan
Regulatory Policy
Telephone: (403) 606-0573
Toll Free Telephone: 1-800-899-1265
Toll Free Fax: 1-877-288-8803
Email: don.logan@cer-rec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan
14 January 2020

Rules of Practice and Procedure (Associated with the Regulatory Stock Review Plan)

Enabling act(s)
Canadian Energy Regulator Act

Description
The National Energy Board Rules of Practice and Procedure, 1995 (the Rules) are made by the Commission, under the Canadian Energy Regulator Act (CER Act). They govern the procedures to be followed during proceedings and set out the mechanisms for complaints, the conduct of public hearings and determine the manner in which applications are to be reviewed.

A comprehensive update to the Rules is needed to align with the CER Act, reflect the CER’s new governance structure, and to formalize the practices, processes and terminology which have evolved in the years since the Rules were first in effect.

In broad terms, our objective for the Rules review is to deliver regulations that:

  • align with the CER Act, including the objectives outlined in the Act’s preamble, such as the commitment to Reconciliation;
  • enhance competitiveness through predictable and timely processes; and
  • modernize practices and procedures.

This regulatory initiative is associated with the CER’s Regulatory Stock Review Plan.

Regulatory cooperation efforts (domestic and international)
As part of overall engagement efforts, the CER will consult with other tribunals and regulators to help inform regulatory development.

Potential impacts on Canadians, including businesses
The goal of the review is to update the existing Rules which govern the procedures to be followed during Commission proceedings, including public hearings. As such, updates will impact CER-regulated companies and those participating in Commission processes, including Indigenous Peoples, landowners, and stakeholders.

The regulatory initiative will not involve significant impacts on international trade or investment.

Consultations

On September 9, 2024, to support Phase I engagement for the Rules review, a Discussion Paper was posted on the CER Dialogue website describing the type and scope of amendments that are currently being considered. The CER is currently accepting written feedback from interested parties on the Rules review until December 9, 2024.

Information on further engagement opportunities will appear on the CER Dialogue website.

Further information

Canada Energy Regulator contact information
Rumu Sen
Regulatory Policy
Telephone: (403) 390-6177
Toll Free Telephone: 1-800-899-1265
Toll Free Fax: 1-877-288-8803
Email: rumu.sen@cer-rec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan
April 1, 2023

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:

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