Appendices
Appendix A
Appendix A: Commission Biographies
Damien A. Côté
Damien A. Côté served as a temporary Member of the National Energy Board (NEB) since October 2016 (reappointed in April 2019). He has a wealth of expertise related to Indigenous and regulatory law and more than seven years of senior executive leadership. Prior to joining the organization, he worked for the Department of Justice Canada and the Public Prosecution Service of Canada, both in Iqaluit (Nunavut).He then served as the Executive Director of the Nunavut Water Board in Gjoa Haven (Nunavut), and as Chief Operating Officer of the Inuvialuit Regional Corporation in Inuvik (Northwest Territories). Prior to his appointment as Lead Commissioner, he served briefly as a Member of the Immigration and Refugee Board of Canada. Mr. Côté holds a Juris Doctor and a Licentiate of Laws from the University of Ottawa, a Master of Arts (Economics) from the University of Toronto, as well as a Bachelor of Engineering (Environmental) and a Bachelor of Arts (Economics) from Carleton University.
Kathy Penney
Kathy Penney was a permanent member of the Canadian Nuclear Safety Commission until her appointment as a Commissioner. She has over 25 years of regulatory, environmental, health and safety (HSE) experience in the public and private sectors. Ms. Penney has expertise in environmental assessments, HSE assurance and compliance processes, quasi-judicial and federal government project hearings, community consultation, and engagement with Indigenous peoples. Her career includes roles with Jacques Whitford, in Newfoundland and Labrador and in Western Canada, and with Royal Dutch Shell, both in Canada and in Australia. Recently she was on the Assessment Review Board for the Rocky View County. She holds a Master of Science from the University of British Columbia and a Bachelor of Science from the University of Toronto. Ms. Penney is a Pearson College scholar and holds an Executive Management Certificate from Queen’s University.
Stephania Luciuk
Stephania Luciuk has extensive experience in the energy sector on a broad range of matters, among them environmental, labour and employment, commercial and human rights issues, as well as engagement with Indigenous peoples. She has been in legal practice for over 20 years. In addition to her private practice experience, she served as in-house counsel for Canadian Oil Sands Limited and Imperial Oil Limited, where she oversaw a legal team that successfully completed the regulatory process for the Kearl Oil Sands project and negotiated with Indigenous peoples regarding the Mackenzie Gas project hearings. In 2017, Ms. Luciuk was appointed as an assistant professor at Mount Royal University. She also served part-time as a commissioner of the Appeals Commission for Alberta Workers’ Compensation. Ms. Luciuk holds a Juris Doctor from York University and a Master of Laws in international environmental law from Dalhousie University.
Wilma Jacknife-Commissioner
Wilma Jacknife served as a temporary member of the National Energy Board until December, 2018. She has more than 20 years of experience in practicing law, both in private practice and as legal counsel for Cold Lake First Nation in Alberta. She specializes in First Nations governance and law-making, consultation and negotiation of impact benefits agreements, business development, administrative law and employment and estates law. Ms. Jacknife also has participated in joint task forces to develop legislative frameworks for First Nations in Canada (Specific Claims Tribunal Act, Indian Oil and Gas Act and regulations). Ms. Jacknife holds a Doctor of Juridical Science in Indigenous Peoples Law and Policy and a Master of Laws in Indigenous Peoples Law and Policy from the University of Arizona - College of Law and a Bachelor of Laws from the University of British Columbia and two Bachelor of Art degrees from the University of Alberta.
Trena L. Grimoldby
Trena Grimoldby has extensive experience in the energy and regulatory sectors, including administrative tribunal practice and procedure, regulatory law, environmental law, occupational health and safety, litigation, employment law, and privacy law, as well as engagement with Indigenous peoples. She most recently served as in-house counsel for PETRONAS Canada and Public Chairperson at the Insurance Councils Appeal Board of Alberta until her appointment as a Commissioner. Prior to that, she served as in-house counsel to Pembina Pipeline Corporation, Shell Canada Limited, and as Board Counsel at the Alberta Energy Regulator (then the Energy and Utilities Board and subsequently the Energy Resources Conservation Board). She holds a Juris Doctor and Bachelor of Laws from the University of Alberta and a Bachelor of Arts with a specialization in English from the University of Alberta.
Mark Watton
Mark Watton has extensive experience in regulatory law and public policy. He was first called to the bar in Ontario and practiced as a litigator in the Toronto office of Fasken Martineau DuMoulin. He relocated to Calgary to join the National Energy Board (NEB) where he was legal counsel for seven years, advising on multiple major project applications. Before his appointment as a Commissioner with the CER, he held the position of Senior Legal Counsel with TC Energy. He also worked in executive and policy advisory roles for numerous cabinet ministers in several federal government departments, and in the office of the Prime Minister. Mr. Watton holds an LL.B. from Dalhousie University and a Bachelor of Social Sciences (Political Science) from the University of Ottawa.
Appendix B: Summary of National Energy Board Decisions and Recommendations
Decisions and Recommendations Issued by the National Energy Board in April to August 2019 include the following:
Note that REGDOCS files can be found on the CER website (www.cer-rec.gc.ca) by clicking in the top banner: “Applications and Filings” then “View Regulatory Documents”. Then enter the REGDOCS File number below “Search by Document Number”.
Infrastructure:
Westcoast T-South Expansion and Reliability Project
- Small Pipeline Infrastructure (NEBA, Part III, s. 58)
- Construction of compressor station upgrades on the T-South pipeline in eight locations in British Columbia
- 16 intervenors and 3 commenters participated in the written hearing process, which included receiving oral Indigenous knowledge
- Hearing Order number: GHW-002-2018
- The NEB made its decision and orders in August 2019, released in September 2019, which imposed 20 conditions on each order12
- Order numbers: XG-021-2019, XG-022-2019, XG-023-2019, XG-024-2019
- REGDOCS File number: C01587
- NEB Panel: Murray Lytle, Roland George, Damien Côté
AltaGas Holdings Inc. - Acadia Valley Pipeline and Acadia Valley Tie-ins Abandonment
- Abandonment (NEBA Part V, s. 74(1)(d))
- Abandonment of a 5.2 km, 114.3 mm outside diameter pipeline and a 2.5 km, 168.3 mm outside diameter pipeline in Saskatchewan and Alberta
- No submissions from other parties were received during the written hearing process
- Hearing Order number: MHW-007-2019
- The NEB made its decision and order in August 2019, released in September 2019, which imposed 7 conditions13
- Order number: ZO-A174-007-2019
- REGDOCS File number: C01494
- NEB Panel: Shane Parrish
NGTL - West Path Delivery Project
- Small Pipeline Infrastructure (NEBA, Part III, s. 58)
- Construction of a new 21.5 km natural gas pipeline, two compressor station unit additions, and related facilities in Alberta
- 22 Intervenors and 8 commenters participated in the hearing process, which included receiving oral Indigenous knowledge
- Hearing Order number: GH-002-2018
- The NEB released its decision and orders on 11 April 2019, which imposed a total of 28 conditions
- Order numbers: XG-N081-005-2019, MO-006-2019
- REGDOCS File number: A98761
- NEB Panel: Roland George, Ron Durelle, Phil Davies
ExxonMobil Sable Offshore Energy Project Abandonment
- Abandonment (NEBA Part V, s. 74(1)(d))
- Abandonment of an approximately 200 km, 660 mm outside diameter pipeline from an offshore natural gas development and the Goldboro gas plant in Nova Scotia.
- Seven intervenors and one commenter participated in the hearing process, which included receiving oral Indigenous knowledge
- Hearing Order number: MH-047-2018
- The NEB released its decision and order on 2 May 2019, which imposed 21 conditions
- Order numbers: ZO-E086-002-2019
- REGDOCS File number: A99247
- NEB Panel: Phil Davies, Shane Parrish, Steven Kelly
Encana Deep Panuke Abandonment
- Abandonment (NEBA Part V, s.74 (1)(d))
- Abandonment of an approximately 175 km, 559 to 575 mm outside diameter, gas export pipeline from an offshore platform and related facilities in Nova Scotia
- Eight intervenors and three commenters participated in the hearing process, which included receiving oral Indigenous knowledge
- Hearing Order number: MH-049-2018
- The NEB released its decision and order on 2 May 2019, which imposed 19 conditions
- Order numbers: ZO-E112-001-2019
- REGDOCS File number: A99246
- NEB Panel: Phil Davies, Shane Parrish, Steven Kelly
Enbridge Line 5 St Clair River Replacement Hearing Project
- Small Pipeline Infrastructure (NEBA, Part III, s. 58)
- Decommissioning and replacement of the 0.5 km Line 5 St. Clair River crossing
- Six intervenors and one commenter participated in the written hearing process
- Hearing Order number: MHW-004-2019
- The NEB released its decision and orders on 12 July 2019, which imposed 11 conditions
- Order numbers: XO-E101-007-2019, MO-026-2019
- REGDOCS File number: C00469
- NEB Panel: Phil Davies, Steven Kelly, Jacques Gauthier
2018 TCPL Facilities Abandonment Program
- Abandonment (NEBA Part V, s. 74(1)(d))
- Abandonment of one meter station and one sales tap in Saskatchewan
- Submissions were received from one party during the written hearing process
- Hearing Order number: MHW-001-2019
- The NEB released its decision and order on 29 July 2019, which imposed 10 conditions
- Order numbers: ZO-T211-003-2019
- REGDOCS File number: C00745
- NEB Panel: Shane Parrish
Bellatrix Exploration Ltd.- Cypress Merryflat Pipeline Abandonment
- Abandonment (NEBA Part V, s. 74(1)(d))
- Abandonment of the 6.2 km, 168.3mm outside diameter Cypress Merryflats pipeline in Alberta and Saskatchewan
- Submissions were received from one party during a written hearing process
- Hearing Order number: MHW-008-2019
- The NEB released its decision and order on 1 August 2019 which imposed 14 conditions
- Order numbers: ZO-B258-004-2019
- REGDOCS File number: C00811
- NEB Panel: Shane Parrish
AltaGas Holdings Inc. Pouce Coupe B Abandonment
- Abandonment (NEBA Part V, s. 74(1)(d))
- Abandonment of the 2.4 km, 114mm outside diameter Pouce Coupe B Pipeline in British Columbia and Alberta
- No submissions were received during a written hearing process
- Hearing Order number: MHW-005-2019
- The NEB released its decision and order on 12 August 2019 which imposed 7 conditions
- Order numbers: ZO-A174-005-2019
- REGDOCS File number: C00959
- NEB Panel: Shane Parrish
Obsidian Energy - Esther Court Pipeline Abandonment
- Abandonment (NEBA Part V, s. 74(1)(d))
- Abandonment of the 3.6 km, 168.3 mm outside diameter Esther Court pipeline in Alberta
- Submissions were received from one party during a written hearing process
- Hearing Order number: MHW-002-2019
- The NEB released its decision and order on 23 August 2019 which imposed 7 conditions
- Order numbers: ZO-O115-006-2019
- REGDOCS File number: C01173
- NEB Panel: Shane Parrish
Jurisdictional Determination:
Coastal GasLink Project Jurisdiction
- NEB Jurisdiction (NEBA Part I, s. 12)
- Determination whether the Coastal GasLink Pipeline Project forms part of a federal undertaking and is subject to federal jurisdiction
- Submissions were received from 14 participants during the oral hearing process
- Hearing Order number: MH-053-2018
- The NEB released its decision on 26 July 2019
- REGDOCS File number: C00715
- NEB Panel: Phil Davies, Alison Scott, Marc Paquin
Tolls and Tariffs:
TransCanada new Long-Term Fixed Price Service for North Bay Junction
- Tolls and Tariffs (NEBA Part IV, s. 62)
- Application for a new Long Term Fixed Priced Service
- 15 Intervenors and 10 commenters participated in the written hearing process
- Hearing Order number: RH-002-2018
- The NEB released its decision on 13 June 2019
- REGDOCS File number: A99955
- NEB Panel: Lyne Mercier, Roland George, Shane Parrish
Maritimes & Northeast Pipeline Management Ltd. 2020-2021 Toll Settlement
- Tolls and Tariffs (NEBA Part IV, s. 62)
- Application for approval of the 2020-2021 Toll Settlement
- Submissions were received from seven parties during a written process
- The NEB released its decision and order on 6 August 2019
- Hearing Order number: TG-007-2019
- REGDOCS File number: C00850
- NEB Panel: Steven Kelly, Phil Davies, Shane Parrish
Export and Import:
Petrogas Long Term Propane Export Licence
- Export or Import Licences (NEBA Part VI, s. 117(1))
- Application for a 25-year licence to export propane
- No submissions were received during the comment process
- The NEB released its decision on 9 May 2019
- REGDOCS File number: A99342
- NEB Panel: Steven Kelly, Shane Parrish, Murray Lytle
Including the decisions and recommendations following hearings listed above, the National Energy Board has issued:
- 40 Infrastructure decisions;
- 14 Tolls and Tariffs decisions;
- 109 Export and Import decisions;
- 9 Exploration and Production decisions and
- 12 Other decisions.
For a breakdown of these decisions, please see Appendix C.
Appendix C: Application Activity in 2019-20
2019-20 Application Activity
The following table includes those applications that are subject to a routine application evaluation process (where no one other than the applicant has expressed interest in providing input) and applications where the NEB or the CER has established a public hearing process for receiving input from people other than the applicant as part of its evaluation process.
An application under the NEB Act or CER Act may be submitted with requests under several parts of the NEB Act or CER Act or Regulations. Each application submitted is counted only once in the table as received and only once as having a decision or recommendation issued
Abbreviations:
- Canada Energy Regulator (CER)
- National Energy Board (NEB)
- Canadian Energy Regulator Act (CERA), S.C. 2019, c.28, s.10
- National Energy Board Act (NEBA), R.S.C., 1985, c. N-7, Repealed (2019, c.28, s.44)
- National Energy Board Act Part VI Regulations (Oil and Gas) Regulations (Part VI), SOR/96-244
- Canadian Energy Regulator Onshore Pipeline Regulations (OPR), SOR/99-294
- Canada Oil and Gas Operations Act (COGOA), R.S.C., 1985, c.O-7
- Canada Oil and Gas Drilling and Productions Regulations (D&P Regs), SOR/2009-315
- Canada Petroleum Resources Act (CPRA), R.S.C., 1985, c. 36 (2nd Supp.)
- Canada Oil and Gas Geophysical Operations Regulations (GO Regs), SOR/96-117
The two tables below show the application activity for both the NEB and CER for the fiscal year 2019-20.
Table C.1 (Summary of Application Activity in 2019-20) is a high level summary representation of the information in table C.2. It shows the grand total of all application activity.
Table C.2 (Detailed Application Activity in 2019-20) provides a detailed listing of all applications received, as well as, decisions and recommendations issued in 2019-20.
The National Energy Board (NEB) span of work in the tables below includes 1, April, 2019 to 27, August, 2019 inclusive. Decisions or Recommendations issued by the NEB in fiscal year 2019-20 are listed under the subheading NEB in both tables.
The Canada Energy Regulator (CER) span of work in the table below includes 28, August, 2019 to 31 March 2020 inclusive. Decisions or Recommendations issued by the CER in fiscal year 2019-20 are listed under the subheading CER in both tables. During this time, the Commission were able to issue decisions and recommendations for applications in progress under the NEBA, as well as new applications submitted under the CERA.
Table C.1-Summary of Application Activity in 2019-20:
Application Type | Number of Applications Received | Number of Decisions or Recommendations issued | |||
2019–20 | 2018–19 | 2019–2020 | 2018–19 | ||
NEB14 | CER15 | ||||
Infrastructure Applications (Total) | 91 | 83 | 80 | 69 | |
NEBA | 46 | 83 | 40 | 31 | 69 |
CERA | 45 | 9 | |||
Tolls and Tariffs Applications (Total) | 32 | 19 | 28 | 19 | |
NEBA | 15 | 19 | 14 | 5 | 19 |
CERA | 17 | 9 | |||
Exports & Imports Applications (Total) | 602 | 629 | 602 | 627 | |
NEBA | 585 | 629 | 109 | 482 | 627 |
CERA | 17 | 11 | |||
Exploration & Production (Total) | 40 | 1 | 40 | 1 | |
CPRA, COGOA, OGOA, etc16 | 40 | 1 | 9 | 31 | 1 |
Other (Total) | 39 | 13 | 28 | 32 | |
NEBA | 11 | 13 | 12 | 7 | 32 |
CERA | 28 | 9 | |||
Grand Total | 804 | 745 | 778 | 748 | |
NEBA | 657 | 744 | 175 | 525 | 747 |
CERA | 107 | 38 | |||
EXPLORATION & PRODUCTION | 40 | 1 | 9 | 31 | 1 |
Table C.2-Detailed Application Activity in 2019-20:
Application Type | Number of Applications Received | Number of Decisions or Recommendations issued | |||||
2019–20 |
2018–19 (full year) |
5 yr. Annual Average (2014–19) |
2019–2020 |
2018–19 (full year) |
5 yr. Annual Average (2014–19) |
||
NEB17 | CER18 | ||||||
Infrastructure Applications | |||||||
Plans, Profiles and Books of Reference/Detailed Route (NEBA,Part III, s. 33, 34, 35, 36) | 1 | 0 | 1.2 | 0 | 3 | 8 | 5.4 |
(CERA, Part 3, s.199 (1-4), s.201 (1-4), s.202(1-5), s.203(1-2)) | 3 | 3 | |||||
Further Plans or Deviations (NEBA, Part III, s. 44, 45) | 1 | 2 | 2.6 | 1 | 0 | 5 | 3.2 |
(CERA, Part 3, s.200, s.211(1),(2),(3)) | 1 | 1 | |||||
Large Pipeline Infrastructure (NEBA Part III, s. 52, s. 53) | 3 | 2 | 1.4 | 0 | 1 | 1 | 1.8 |
(CERA, Part 3, s.183(2), (3)(a),(b),(c), s.184)6 | 0 | 0 | |||||
Small Pipeline Infrastructure (NEBA Part III, s. 58) | 14 | 35 | 44.4 | 14 | 11 | 34 | 38.8 |
(CERA, Part 3, s.214(1-9)) | 18 | 3 | |||||
Power Line Permits (NEBA Part III, s. 58.11) | 0 | 0 | 0.8 | 0 | 0 | 1 | 0.6 |
(CERA, Part 4, s.248) | 1 | 0 | |||||
Power Line Certificates (NEBA Part III, s. 58.16) | 0 | 0 | 0.2 | 0 | 0 | 1 | 0.4 |
(CERA, Part 4, s. 262(1)) | 0 | 0 | |||||
Sales and Transfers (NEBA, Part V, s. 74(1) (a), s. 74(1)(b), s. 74(1)(c)) | 3 | 10 | 9.6 | 6 | 1 | 4 | 10.6 |
(CERA, Part 3, s.181 1 (a),(b),(c)) | 0 | 0 | |||||
Abandonments Pipeline (NEBA Part V, s. 74 (1) (d)) | 2 | 9 | 5.4 | 6 | 3 | 1 | 3.6 |
(CERA, Part 3, s. 241(1-5)) | 1 | 0 | |||||
Abandonments Power Line (NEBA, Part III.1, s. 58.34 (1)(2)) | 0 | 0 | 0.0 | 0 | 0 | 0 | 0.0 |
(CERA, Part 4, s.277 (1) (2)) | 0 | 0 | |||||
Crossings/Damage Prevention (NEBA, Part V, s. 81, s. 112) | 1 | 0 | 0.6 | 0 | 1 | 0 | 0.8 |
(CERA, Part 6, s.335, (1-10), s.338(1-4)) | 1 | 0 | |||||
Right of Entry and Construction over other Utility Lines (NEBA, Part V, s.104 and 108) | 1 | 8 | 4.0 | 0 | 0 | 3 | 1.0 |
(CERA, Part 3, s.217 (1-6), Part 6, s.324(1-2)) | 20 | 2 | |||||
OPR Applications: Change of Service, Deactivation, Reactivation, Decommissioning (OPR, Part VI, s. 43, 44, 45, 45.1) | 9 | 16 | 24.4 | 13 | 1 | 10 | 22.6 |
Substituted Service Regulations Applications (ss 3(1)) | 11 | 1 | 2.2 | 0 | 10 | 1 | 2.2 |
Grand Total NEBA & CERA Infrastructure Applications | 91 | 83 | 96.8 | 80 | 69 | 91.0 | |
Total NEBA Infrastructure Applications | 46 | 83 | 96.8 | 71 | 69 | 91.0 | |
Total CERA Infrastructure Applications | 45 | 9 | |||||
Tolls and Tariffs Applications | |||||||
Tolls and Tariffs (NEBA Part IV, s. 59, s. 60, s. 62, s. 63, s. 64, s.65, s. 71) | 15 | 19 | 26.2 | 14 | 5 | 19 | 24.2 |
(CERA, Part 3, s.226, s.227, s.229(1-2), s.230, s.231(1), s.232(1), s.233, s.239(1-3)) | 17 | 9 | |||||
Grand Total Tolls and Tariffs | 32 | 19 | 26.2 | 28 | 19 | 24.2 | |
Total NEBA Tolls and Tariffs | 15 | 19 | 26.2 | 19 | 19 | 24.2 | |
Total CERA Tolls and Tariffs | 17 | 9 | |||||
Exports & Imports Applications | |||||||
Oil and Gas short-term orders (NEBA, Part I, s. 21 (1); NEBA Part VI (Oil and Gas) Regulations: Part I, ss 6(3); Part II, s 15 or 22; Part III, s. 28) | 578 | 604 | 535.6 | 101 | 475 | 605 | 536.0 |
(CERA, Part 1, s.69(1-3)) | 2 | 2 | |||||
Electricity Export Permits (NEBA Part I, s.21, 21.2 and Part VI. s.119.03, and 119.093) | 6 | 20 | 17.2 | 7 | 5 | 18 | 16.6 |
(CERA, Part 1, s.69(1- 3), Part 7, Division 2, s.356 (permit issuance), s. 365(1) (variation or transfer), and s.366 (revocation)) | 14 | 9 | |||||
Long-term licences (NEBA ss. 119(3); Part I, s. 21, s. 21. (1); Part VI, s. 117 (1))) | 1 | 5 | 9.0 | 1 | 2 | 4 | 9.4 |
(CERA, Part 1, s.69(1- 3), Part 7, Division 1, s.344(1), s.348(1), s.349(2), s.351(1-2)) | 1 | 0 | |||||
Grand Total Exports & Imports | 602 | 629 | 561.8 | 602 | 627 | 562.0 | |
Total NEBA Exports & Imports | 585 | 629 | 561.8 | 591 | 627 | 562.0 | |
Total CERA Exports & Imports | 17 | 11 | |||||
Exports & Production | |||||||
Applications to drill a well (COGOA D&P Regs s. 10-13) | 0 | 0 | 0.0 | 0 | 0 | 0 | 0.0 |
Applications to alter the condition of a well (COGOA D&P Regs s. 10, 12, 13) | 40 | 1 | 15.4 | 9 | 31 | 1 | 15.2 |
Geological and geophysical applications (COGOA para 5(1)(b) and GO Regs s. 3) | 0 | 0 | 0.2 | 0 | 0 | 0 | 0.4 |
Significant Discovery Applications on frontier lands (CPRA s. 28) | 0 | 0 | 0.0 | 0 | 0 | 0 | 0.0 |
Commercial Discovery Applications on frontier lands (CPRA s. 35) | 0 | 0 | 0.0 | 0 | 0 | 0 | 0.0 |
NWT OGOA Applications (all) | 0 | 0 | 0.4 | 0 | 0 | 0 | 0.4 |
Total Exploration & Production | 40 | 1 | 16.0 | 40 | 1 | 16.0 | |
Other | |||||||
Powers of the Board and Variances (NEBA, Part I, s. 12-13, 21) | 11 | 13 | 25.4 | 12 | 7 | 32 | 18.8 |
(CERA, Part 1, s.32, s.34, s.69, Part 3, s.190, Part 4, s.280, Part 6, s.313) | 26 | 9 | |||||
Compensation (NEBA Part III, s. 48.35 (1), Part V, s. 88 (1)) | 0 | 0 | 0.0 | 0 | 0 | 0 | 0.0 |
(CERA, Part 2, s.160, Part 6, s.327) | 2 | 0 | |||||
Grand Total Other | 39 | 13 | 25.4 | 28 | 32 | 18.8 | |
Total NEBA Other | 11 | 13 | 25.4 | 19 | 32 | 18.8 | |
Total CERA Other | 28 | 9 | |||||
Grand Total All Applications & Decisions/ Recommendations | 804 | 745 | 726.2 | 778 | 748 | 712.0 | |
Total NEBA All Applications & Decisions/ Recommendations | 657 | 744 | 726.2 | 700 | 747 | 712.0 | |
Total CERA All Applications & Decisions/ Recommendations | 107 | 38 | |||||
Total Exploration & Production All Applications & Decisions/ Recommendations | 40 | 1 | 16.0 | 40 | 1 | 16.0 |
Appendix D: Time Limits
2019-20 Time Limits
The following tables show applications which were subject to time limits for processing as per the NEB Act and CER Act. All time limits were met in 2019-20.
Under the CER Act, the Lead Commissioner must set a time limit for certain types of applications. The time limit must not exceed the maximum number of days indicated in the CER Act. The Commission must complete its assessment and make its recommendation or decision within this time limit. The standard time limits set by the Lead Commissioner can be found on the CER website19.
Time limits for applications under the NEB Act were similarly set by the Chair of the NEB and can be found on the CER website under REGDOCS File Number: [A42827]20
Applications processed by the CER subject to time limits:
Legislation | Application Type | Time Limit | Application | #Days from Completeness to Decision Issued | #Months from Completeness to Decision Issued | Decision | Date of Decision |
CERA s 214 | Small Pipeline Infrastructure - Category B | 210 days from application complete | NOVA Gas Transmission Ltd. s. 214 application to construct and operate - Alberta - Montana Border Sales Meter Station Replacement | 61 | 2 | C05342 | 18 March 2020 |
CERA s 214 | Small Pipeline Infrastructure - Category B | 210 days from application complete | NOVA Gas Transmission Ltd. s. 214 application to construct and operate - Anderson Lake Receipt Meter Station | 56 | 1 | C05215 | 13 March 2020 |
CERA s 214 | Small Pipeline Infrastructure - Category A | 130 days from application complete | NOVA Gas Transmission Ltd. s. 214 application to construct and operate - Dawson Creek East No. 2 Receipt Meter Station | 27 | 0 | C04626 | 10 February 2020 |
NEBA s 117 | Export or Import Licences | 6 months | Chevron Canada Limited s. 117 application for a licence to export liquefied natural gas from Canada for a term of 40 years. (HEARING) |
159 | 5 | C03430 | 4 December 2019 |
NEBA s 52 | Large Pipeline Infrastructure | 15 months | NGTL s. 52 application - 2021 NGTL System Expansion Project (HEARING) |
443 | 14 | C04761 | 19 February 2020 |
NEBA s 58 | Small Pipeline Infrastructure - Category B | 210 days from application complete | NOVA Gas Transmission s. 58 application to construct and operate - Smoky River Sales Meter Station | 36 | 1 | C03839 | 19 December 2019 |
NEBA s 58 | Small Pipeline Infrastructure - Category B | 210 days from application complete | TransCanada PipeLines Limited - s 58 application to construct and operate - Waverley West Sales Meter Station | 80 | 2 | C03560 | 9 December 2019 |
NEBA s 58 | Small Pipeline Infrastructure - Category B | 210 days from application complete | Enbridge Pipelines Inc. s. 58 application - Line 1 Connectivity at Gretna | 21 | 0 | C03132 | 20 November 2019 |
NEBA s 58 | Small Pipeline Infrastructure - Category B | 210 days from application complete | Many Islands Pipe Lines (Canada) Limited s. 58 application to construct and operate - Norquay Benito Pipeline Segment Replacements | 77 | 2 | C03701 | 5 November 2019 |
NEBA s 58 | Small Pipeline Infrastructure - Category B | 210 days from application complete | NOVA Gas Transmission Ltd. s. 58 application to construct and operate - Sunchild Receipt Meter Station | 76 | 2 | C02704 | 4 November 2019 |
NEBA s 58 | Small Pipeline Infrastructure - Category C | 300 days from application complete | NOVA Gas Transmission Ltd. s. 58 application - to construct and operate - Groundbirch Mainline Loop (Sunrise Section) | 135 | 4 | C02398 | 24 October 2019 |
NEBA s 58 | Small Pipeline Infrastructure - Category C | 300 days from application complete | NGTL s. 58 application - North Central Corridor Loop (North Star Section 1) | 229 | 7 | C02258 | 15 October 2019 |
NEBA s 58 | Small Pipeline Infrastructure - Category B | 210 days from application complete | NOVA Gas Transmission Ltd. s. 58 application to construct and operate - Cutbank River North Receipt Meter Station | 55 | 1 | C02265 | 15 October 2019 |
NEBA s 58 | Small Pipeline Infrastructure - Category B | 210 days from application complete | LBX Pipeline Ltd. s. 58 application to construct and Operate - BlackPearl Onion Lake Project | 79 | 2 | C02208 | 10 October 2019 |
NEBA s 58 | Small Pipeline Infrastructure - Category B | 210 days from application complete | TransCanada PipeLines Limited s. 58 application to construct and operate - Brandon Sales Meter Station Upgrade | 62 | 2 | C02208 | 9 October 2019 |
NEBA s 58 | Small Pipeline Infrastructure | 15 months | Westcoast s. 58 application to construct and operate - T-South 2018 Compressor Station Applications (HEARING) |
287 | 9 | C01857 | 26 September 2019 |
Applications processed by the NEB subject to time limits:
Legislation | Application Type | Time Limit | Application | #Days from Completeness to Decision Issued | #Months from Completeness to Decision Issued | Decision | Date of Decision |
NEBA s 58 | Small Pipeline Infrastructure | 15 months | Enbridge s. 58 application - Line 5 St. Clair River Replacement Project (HEARING) |
310 | 9 | C00469 | 12 July 2019 |
NEBA s 117 | Export or Import Licences | 6 months | Petrogas Energy Corp. s. 117 application authorizing the export of propane (HEARING) |
107 | 3 | A99342 | 9 May 2019 |
NEBA s 58 | Small Pipeline Infrastructure - Category B | 210 days from application complete | TransCanada PipeLines Limited s. 58 application to construct and operate - Assiniboine River Sales Meter Station | 54 | 1 | C00386 | 8 July 2019 |
NEBA s 58 | Small Pipeline Infrastructure - Category C | 300 days from application complete | TNPI s. 58 application to relocate and operate - Credit River QEW Lynchmere Avenue Pipeline Relocation | 92 | 3 | C00148 | 26 June 2019 |
NEBA s 58 | Small Pipeline Infrastructure - Category B | 210 days from application complete | NGTL s. 58 application - to construct and operate - Wolf Lake South Receipt Meter Station | 91 | 2 | C00027 | 19 June 2019 |
NEBA s 58 | Small Pipeline Infrastructure - Category B | 210 days from application complete | NOVA Gas Transmission s. 58 application to construct and operate - Sheerness No. 2 Sales Meter Station | 38 | 1 | A99824 | 7 June 2019 |
NEBA s 58 | Small Pipeline Infrastructure - Category B | 210 days from application complete | NOVA Gas Transmission Ltd. s. 58 application to construct and operate - Dorscheid Receipt Meter Station | 63 | 2 | A99757 | 4 June 2019 |
NEBA s 58 | Small Pipeline Infrastructure - Category B | 210 days from application complete | TransCanada s. 58 application - to construct and operate - Hardisty East and West Interconnecting Facilities Pump Unit Additions | 88 | 2 | A99765 | 4 June 2019 |
NEBA s 58 | Small Pipeline Infrastructure - Category B | 210 days from application complete | NOVA Gas Transmission Ltd. s. 58 application to construct and operate - Pipestone Creek Receipt Meter Station | 77 | 2 | A99634 | 29 May 2019 |
NEBA s 58 | Small Pipeline Infrastructure - Category C | 300 days from application complete | Westcoast Energy Inc. - s. 58 application to construct and operate - 6BL Hihium Lake Crossover Assembly | 88 | 2 | A99262 | 3 May 2019 |
NEBA s 58 | Small Pipeline Infrastructure - Category C | 300 days from application complete | Westcoast Energy Inc. - s. 58 application to construct and operate - 6BL Bonaparte River Crossover Assembly | 88 | 2 | A99262 | 3 May 2019 |
NEBA s 58 | Small Pipeline Infrastructure - Category C | 300 days from application complete | Westcoast Energy Inc. s. 58 application - 4BL Cottonwood River Crossover Assembly | 88 | 2 | A99260 | 3 May 2019 |
NEBA s 58 | Small Pipeline Infrastructure - Category C | 300 days from application complete | NGTL s. 58 application for the construction and operation of McLeod River North Project | 253 | 8 | A99067 | 25 April 2019 |
NEBA s 58 | Small Pipeline Infrastructure | 15 months | NOVA Gas Transmission Ltd. - construct and operate the West Path Delivery Project (HEARING) |
301 | 9 | A98761 | 11 April 2019 |
NEBA s 58 | Small Pipeline Infrastructure - Category C | 300 days from application complete | Trans Mountain Pipeline ULC s. 58 application - North Thompson 6 Crossing Replacement | 97 | 3 | A98628 | 3 April 2019 |
Appendix E: Leave To Open Orders Issued in 2019-20
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 NEB Act) if satisfied that the pipeline can be safely opened for transmission. Applications for this leave are made after approved construction is complete (on the pipeline or a portion of it) and the company can demonstrate that the facility can begin operations safely.
The table below shows the number of Leave to Open Orders (LTO) granted in the 2019-20 fiscal year, by company.
LTO granted to companies by the National Energy Board (1 April-27 August 2019) are listed in the NEB column. LTO granted by the Commission (28 August 2019-31 March 2020) are listed in the CER column.
Company/Project | NEB | CER |
Enbridge Pipelines Inc. | 6 (Total) | |
Line 3 Replacement Program | 6 | |
Kinder Morgan Utopia Ltd. | 2 (Total) | |
Detroit River Crossing Replacement Project | 2 | |
NOVA Gas Transmission Ltd. | 21 (Total) | 40 (Total) |
Cutbank River North Receipt Meter Station Project | 1 | |
Dorscheid Receipt Meter Station | 1 | |
Gold Creek South Receipt Meter Station No. s2 | 1 | |
Grande Prairie Mainline (GPML) | 2 | 13 |
McLeod River North Project | 1 | |
Mildred Lake East Sales Meter Station | 1 | |
North Central Corridor Loop | 1 | |
North Montney Project | 9 | 10 |
North Path Delivery Project | 2 | 2 |
Pipestone Creek Receipt Meter Station | 1 | |
Saddle West Expansion Project | 7 | |
Sheerness No. 2 Sales Meter Station | 1 | |
Smoky River Lateral Loop | 1 | |
Sunchild Receipt Meter Station | 1 | |
West Path Delivery Project | 4 | |
Winchell Lake Compressor Station Unit Addition | 1 | |
Wolf Lake South Receipt MS | 1 | |
Trans Mountain Pipeline ULC | 1 (Total) | |
North Thompson 6 Crossing Replacement Project | 1 | |
Trans Québec and Maritimes Pipeline Inc. | 1 (Total) | |
East Hereford Compressor Station Upgrade | 1 | |
TransCanada PipeLines Limited | 1 (Total) | 2 (Total) |
Brandon Sales Meter Station Upgrade | 1 | |
Station 130 C4 Unit Addition | 1 | 1 |
Westcoast Energy Inc., carrying on business as Spectra Energy Transmission | 2 (Total) | 1 (Total) |
Modernization Project | 2 | 1 |
Grand Total | 32 | 45 |
Appendix F: Administrative Monetary Penalty Reviews
Administrative Monetary Penalty Reviews (AMPS):
AMPs are issued by persons authorized by the CEO pursuant to section 116 of the CER Act, according to the Administrative Monetary Penalties Regulations.21
A person who has been served with notice of an AMP can request a review from the Commission, which must conduct the review or cause it to be conducted, pursuant to sections 125-129 of the CER Act.
The Commission did not review any AMPs in the period from 28 August 2019 to 31 March 2020, however the NEB conducted one review in June 2019.
While there were no AMPS issued in 2019-20, there was a decision review by the NEB:
Reference Number | Related Documents | Date AMP issued | Recipient | Region/Facility | Description | Result of Review |
January 30, 2019 |
Plains Midstream Canada |
Regina, Saskatchewan |
Failure to locate a pipeline as prescribed by para. 6(1) (b) of the Damage Prevention Regulations – Obligations Request to review penalty amount. |
Original $88,000 penalty amount recalculated to $76,000 |
Appendix G: Safety Orders in Effect in 2019-20
The following table summarizes the status of Safety Orders that are currently in effect. The Commission can issue these Orders pursuant to section 95 of the CER Act, to ensure the safety and security of persons and facilities and/or for the protection of property or the environment. Previously, the NEB issued these Orders pursuant to section 48 of the NEB Act.
Many Safety Orders will remain in effect for several years, in which case CER staff will continue to monitor compliance with the Order. The existence of a Safety Order in many cases establishes/imposes safe thresholds for continued operation (e.g. pressure restrictions). It is necessary to keep these restrictions in place until such time the Commission is of the opinion that the company has sufficiently addressed underlying issues.
Although the Commission did not issue a Safety Order as of 30 March 2020, those Orders issued by the NEB that are still in effect are now considered to be Orders of the Commission, pursuant to the transitional provisions associated with the CER Act.
Order Number | Date Issued | Company | Region | Description/ reason for Safety Order | Resulting Action/Status |
20-Jan-11 |
Centra Transmission Holdings Inc. |
Sections through Ontario, Fort Francis |
Non-compliances resulting from compliance verification activity |
Pressure restriction of 80% of the Maximum Operating Pressure (MOP) Status 31 March 2020: Pressure restriction continues while the company is planning a robotic inline inspection of two non-piggable river crossings in 2020. |
|
19-Dec-13 |
NOVA Gas Transmission Ltd |
Ukalta Lateral |
Issued due to Incident #2013-141, leak on Ukalta Lateral line |
Pressure restriction not exceeding 6,570 kPa, must perform weekly above ground leak detection surveys, inline inspection validation Status 31 March 2020: Pressure restriction continues while the company assesses the business need for continued operation of the lateral pipeline |
|
10-Apr-14 |
TransCanada PipeLines Limited |
Canadian Mainline Line 100-4 near Burstall |
Incident 2013-150 leak, which occurred on the TCPL Canadian Mainline Line near Burstall Amended by Order AO-001-SG-T211-002-2014 on 17 April 2014 to grant an extension for condition 2. |
Operate the section of Line 100-4 at an operating pressure not exceeding 3,500 kPa, until such time as the Commission may approve an increase in operating pressure Status 31 March 2020: Staff continue to monitor the integrity management of this pipeline during compliance meetings with the company to ensure the pressure restriction is adequate. |
|
13-Jan-15 |
Plains Midstream Canada ULC |
Pipelines in Alberta, Saskatchewan, Manitoba and Ontario |
Deficiencies from noncompliant findings associated with Corrective Action Plan from 2010 Audit |
Requires corrective actions to address deficiencies Status 31 March 2020: All conditions have been assessed by CER staff and a Commission decision regarding the Company actions is expected to be issued in 2020-21 fiscal year. |
|
19-Sep-16 |
Trans-Northern Pipelines Inc. |
Ontario and Quebec |
Amending Order issued a result of several overpressure incidents from 2010-2016. Replaced three existing Safety Orders from 2009-2010 including a system wide Safety Order. Imposed 10% pressure restriction in addition to the 20 % pressure restriction from the system wide safety order. Further amended by Order AO-002-SO-T217-003-2010 on 24 October 2016 to reflect revised authorized and related reduced operating pressures previously imposed. Further amended by Order AO-003-SO-T217-003-2010 on 12 April 2017 to vary conditions 4 and 7 and add condition 8, as well as a new Schedule D for two pipelines |
Operate the pipeline sections at reduced pressures-10% as per Schedule A and 30% MOP as per Schedules B and C. Multiple other conditions including requirement for hydraulic analysis, Bronte Creek release remediation, provide annual engineering assessments and watercourse crossing management program. Status 31 March 2020: Three lateral pipelines remain on the Order. Two are subject to deactivation / abandonment while the business need for the third is being assessed by the company. |
|
22-Nov-18 |
NOVA Gas Transmission Ltd |
NGTL System |
Leaks and ruptures have occurred on NGTL pipelines that are not able to be internally inspected using automated tools |
Pressure restriction on twenty-five (25) unpiggable NGTL pipelines that TransCanada has calculated to have the highest societal risk Status 31 March 2020: Three lateral pipelines remain on the Order. Two are subject to deactivation / abandonment while the business need for the third is being assessed by the company. |
Appendix H: Abandonment Funding
All pipeline companies are required to follow the Canadian Energy Regulator Onshore Pipeline Regulations,22 which include a systematic approach to pipeline management, including abandonment. The Commission approves applications to abandon pipelines (s.241 of the CER Act) and also ensures that companies have sufficient funds to pay for the eventual abandonment of pipelines (s.242 of the CER Act).
Companies’ management of financial resources includes the proactive management of their obligations relating to the set aside and collection of abandonment funds. The Commission reviews and assesses companies’ abandonment cost estimates, which must be submitted every 5 years, and ensures that financial instruments are in place for those funds.
Canadians can be confident that the resources required to properly abandon pipelines have been, and continue to be, assessed and set aside for that purpose.
Companies using Letters of Credit or Surety Bonds
This table lists all CER-regulated companies that are using a Letter of Credit or Surety Bond to fund their abandonment cost estimate and the amount of each associated financial instrument. The Amount of Instrument column reflects the latest abandonment cost estimates in 2018 dollars.
Company | Financial Instrument | Amount of Instrument (In 2018 Dollars) |
1057533 Alberta Ltd. (Harvest Operations Corp) | Letter of Credit | 855,173 |
6720471 Canada Ltd. | Letter of Credit | 45,000 |
Altagas Holdings Inc. for and on behalf of Altagas Pipeline Partnership | Surety Bond | 1,875,849 |
ARC Resources Ltd. | Letter of Credit | 1,893,204 |
Bellatrix Exploration Ltd. | Financial instrument cashed by the CER | 54,000 |
Bonavista Energy Corporation | Letter of Credit | 18,185 |
Bow River Energy Limited | Financial instrument cashed by the CER | 68,500 |
Caltex Resources Ltd. | Letter of Credit | 291,292 |
Campus Energy Partners Operations Inc. | Surety Bond | 27,234,710 |
Canadian Natural Resources Limited | Surety Bond | 909,876 |
Canadian-Montana Pipe Line Company | Surety Bond | 300,000 |
Canlin Energy Corporation | Letter of Credit | 101,557 |
Cenovus Energy Inc. | Letter of Credit | 1,845,917 |
Champion Pipe Line Corporation Limited | Letter of Credit | 14,009,422 |
Cona Resources Ltd. | Letter of Credit | 1,320,396 |
Crescent Point Energy Corp. | Letter of Credit | 346,878 |
Delphi Energy Corporation | Surety Bond | 163,000 |
Enercapita Energy Ltd. | Letter of Credit | 1,527,861 |
ExxonMobil Canada Properties | Letter of Credit | 7,985,252 |
FortisBC Huntingdon Inc. | Letter of Credit | 115,754 |
Gear Energy Ltd. | Letter of Credit | 242,900 |
Glenogle Energy Inc. | Letter of Credit | 80,156 |
Great Lakes Pipeline Canada Ltd. | Letter of Credit | 12,586,000 |
Husky Oil Operations Limited | Letter of Credit | 8,387,654 |
ISH Energy Ltd. | Letter of Credit | 3,046,923 |
Imperial Oil Resources Limited | Letter of Credit | 1,414,710 |
LBX Pipeline | Letter of Credit | 3,198,336 |
Leucrotta Exploration Inc. | Letter of Credit | 241,490 |
Lignite Pipeline Canada Corp. | Surety Bond | 1,426,320 |
Mosbacher Operating Ltd. | Letter of Credit | 78,595 |
NorthRiver Midstream G and P Canada Pipelines Inc. (formerly Enbridge G and P Canada Pipelines Inc.) | Letter of Credit | 1,462,274 |
Obsidian Energy Inc. | Letter of Credit | 922,150 |
Omimex Canada, Ltd. | Letter of Credit | 132,950 |
OVINTIV Canada ULC (Mid Tupper & Tupper Hythe) | Surety Bond | 2,068,970 |
OVINTIV Canada ULC (4 Deep Panuke) | Letter of Credit | 70,000,000 |
Pembina Energy Services Inc. | Letter of Credit | 6,004,973 |
Pembina Prairie Facilities Ltd. | Letter of Credit | 31,102,297 |
Pieridae Alberta Production Ltd. | Letter of Credit | 332,477 |
Pine Cliff Border Pipelines Limited | Letter of Credit | 704,000 |
Pine Cliff Energy Ltd | Letter of Credit | 127,250 |
Pipestone Energy Corp. | Letter of Credit | 11,600 |
Prospera Energy Inc. | Letter of Credit | 90,726 |
Resolute FP Canada Inc. | Letter of Credit | 39,000 |
SanLing Energy Ltd | Financial instrument cashed by the CER | 45,000 |
Shell Canada Energy | Letter of Credit | 4,920,047 |
Shell Canada Products Limited | Letter of Credit | 259,288 |
Shiha Energy Transmission Ltd. | Surety Bond | 180,000 |
Steel Reef Pipelines Canada Corp. | Letter of Credit | 470,613 |
Strategic Transmission Ltd. | Financial instrument cashed by the CER | 245,447 |
Sunoco Logistics Partners Operations GP LLC | Surety Bond | 1,003,925 |
Tamarack Acquisition Corp. | Letter of Credit | 43,980 |
TAQA North Ltd. | Letter of Credit | 1,450,075 |
Terra Energy Corp. | Financial instrument cashed by the CER | 74,375 |
Tidewater Midstream and Infrastructure Ltd. | Letter of Credit | 1,857,506 |
Tundra Oil & Gas Limited for and on behalf of Tundra Oil&Gas Partnership | Letter of Credit | 72,812 |
Veresen Energy Pipeline Inc. | Surety Bond | 3,326,412 |
Veresen NGL Pipeline Inc. (Empress Pipeline) | Letter of Credit | 1,761,889 |
Whitecap Resources Inc. | Letter of Credit | 1,255,752 |
Windmill Dream | Letter of Credit | 213,097 |
Yoho Resources Inc. | Letter of Credit | 50,000 |
Companies using Trusts
This table lists all CER-regulated companies that are using a trust to fund their abandonment cost estimate, each associated abandonment cost estimate and the funds collected as of 31 December 2018.
Company | Abandonment Cost Estimate ($) | Collection Period (Years) | 2018 Close Balance ($) — Actual |
2193914 Canada Limited | 6,058,670 | 40 | 787,000 |
Alliance Pipeline Ltd. | 309,970,000 | 40 | 43,976,820 |
Aurora Pipeline Company Ltd. | 113,375 | 40 | 15,021 |
Centra Transmission Holdings Inc. | 25,936,102 | 40 | 4,167,899 |
Emera Brunswick Pipeline Company Ltd. | 11,146,629 | 19.5 | 3,133,00 |
Enbridge Bakken Pipeline Company Inc., on behalf of Enbridge Bakken Pipeline Limited Partnership | 9,345,715 | 25 | 2,206,000 |
Enbridge Pipelines (NW) Inc. | 37,007,694 | 11 | 8,858,000 |
Enbridge Pipelines Inc. | 1,115,490,005 | 40 | 182,560,000 |
Enbridge Southern Lights GP Inc. on behalf of Enbridge Southern Lights LP | 100,790,292 | 40 | 14,272,000 |
Express Pipeline Ltd. | 44,305,000 | 40 | 5,269,824 |
Foothills Pipelines Ltd | 197,869,000 | 30 | 35,316,000 |
Genesis Pipeline (Canada) Ltd. | 3,114,576 | 40 | 500,187 |
Kinder Morgan Cochin ULC | 26,385,000 | 19.5 | 6,860,000 |
Kinder Morgan Utopia Ltd. | 1,104,300 | 21 | 34,494 |
Maritimes & Northeast Pipeline Management Limited | 150,600,000 | 19.5 | 44,163,315 |
Montreal Pipe Line Limited | 19,873,239 | 40 | 2,971,789 |
Niagara Gas Transmission Limited | 6,229,841 | 40 | 807,000 |
NOVA Chemicals (Canada) Ltd. | 388,860 | 40 | 76,985 |
Nova Gas Transmission Ltd. | 2,184,840,000 | 30 | 408,397,000 |
Plains Midstream Canada ULC | 52,711,652 | 40 | 9,492,291 |
Pouce Coupé Pipe Line Ltd. (Pembina North LP) | 7,485,502 | 5 and 15 | 3,612,251 |
Souris Valley Pipeline Limited | 2,885,416 | Trust fully funded up front | 2,995,448 |
Spectra Energy Midstream Canada Partner Corporation | 1,318,404 | 40 | 1,240,251 |
St. Clair Pipelines Management Inc. | 1,253,355 | 40 | 172,698 |
TEML Westspur Pipeline Ltd. | 32,270,392 | 25 | 8,166,000 |
Trans Mountain Pipeline Inc. | 340,043,000 | 40 | 56,090,831 |
Trans Quebec & Maritimes Pipeline (TQM) Inc. | 102,533,000 | 25 | 21,338,000 |
TransCanada Keystone Pipeline GP Ltd. | 235,992,000 | 25 | 47,813,000 |
TransCanada Pipelines Limited | 2,530,212,000 | 25 | 11,318,643 |
Pipelines Trans-Nord Inc. | 76,678,000 | 40 | 11,318,643 |
Union Gas Limited | 101,163 | Trust fully funded up front | 108,000 |
Vector Pipeline Limited Partnership (Enbridge) | 4,751,002 | 40 | 643,000 |
Westcoast Energy Inc. (Zones 1 and 2) (Gathering and Processing) | 683,610,105 | 40 | 34,527,976 |
Westcoast Energy Inc. (Zones 3 and 4) (Transmission) | 8,334,955,242 | 40 | 30,763,074 |
Appendix I: Financial Resources Requirements
The CER enforces the polluter pays principle, requiring all necessary measures to be taken to make the pipeline safe, clean up the spill and remediate the environment in the event of a spill or incident.
In June 2018, the Pipeline Financial Requirements Regulations (PFRRs)23 were passed, with most of the associated requirements coming into force as of 11 July 2019. The PFRRs set out absolute liability limits for CER-regulated companies, and require all companies to maintain financial resources equal to their respective absolute liability limits, or a greater amount if determined by the CER. These absolute liability limits range from $200 million to $1 billion for oil pipelines, $10 Million to $200 million for gas pipelines, and $5 to $10 million for other commodity pipelines, depending on factors including pipeline capacity, diameter, and commodity transported.
The PFRRs prescribes a list of financial resource types, and a list of readily accessible types, from which the Commission may choose to direct companies to maintain. These financial resource types prescribed by the PFRRs as follows:
- Insurance policy;
- Escrow agreement;
- Letter of credit;
- Line of credit;
- Participation in a pooled fund, as referred to in subsection 139(1) of the CER Act;
- Parent company guarantees;
- Surety bond or pledge agreement, or indemnity bond or suretyship agreement; and,
- Cash or cash equivalents.
The Regulations also state that only authorized in-service pipelines will be considered in the determination of a company’s absolute liability class. Therefore, those pipelines that are not in service are exempt from filing an absolute liability limit and financial resources plan at this time.
In order to ensure compliance to the PFRRs, the CER developed filing guidance, and required all companies to file financial resources plans for evaluation. These plans set out the financial resources each company has available to respond to spills or incidents, and demonstrate how companies meet the financial resource requirements in the CER Act and Regulations. If the plans are insufficient, the Commission has the authority to order companies to maintain additional financial resources.
CER Regulated Companies Financial Resource Plan Evaluation Status:
Company | Class | Absolute Liability Limit (A.L.L.) | Status of Financial Resource Plan Filing |
1057533 Alberta Ltd. | Oil Class 3 | $200 Million | Under review |
2133151 Alberta Ltd. | Gas Class 1 | $200 Million | Under review |
2193914 Canada Limited | Gas Class 1 | $200 Million | Approved |
6720471 Canada Ltd. | Gas Class 4 | $10 Million | Conditionally approved |
Alliance Pipeline Ltd. | Gas Class 1 | $200 Million | Approved |
Altagas Holdings Inc. | Gas Class 2 | $50 Million | Approved |
ARC Resources Ltd. | Gas Class 2 | $50 Million | Approved |
Aurora Pipeline Company Ltd. | Oil Class 3 | $50 Million | Under review |
Bellatrix Exploration Ltd. | Exempt from requirements at this time | ||
Bonavista Energy Corp. | Exempt from requirements at this time | ||
Bow River Energy Limited | Exempt from requirements at this time | ||
Caltex Resources Ltd. | Gas Class 3 | $50 Million | Approved |
Canada Border Services Agency | Gas Class 4 | $10 Million | Approved |
Canadian Montana Pipeline Ltd. | Gas Class 2 | $50 Million | Under review |
Canadian Natural Resources Ltd. | Oil Class 2 | $300 Million | Approved |
Canlin Energy Corporation | Exempt from requirements at this time | ||
Cenovus Energy Inc. | Gas Class 1 | $200 Million | Approved |
Centra Transmission Holdings Inc. | Gas Class 2 | $50 Million | Under review |
Champion Pipe Line Corporation Limited | Gas Class 2 | $50 Million | Under review |
Chief Mountain Gas Coop Ltd. | Gas Class 4 | $10 Million | Under review |
Commandité gestion energy Windmill DREAM Québec inc. | Exempt from requirements at this time | ||
Crescent Point Energy Corp. | Gas Class 3 | $50 Million | Approved |
Delphi Energy Corp. | Exempt from requirements at this time | ||
Emera Brunswick Pipeline Company Ltd. | Gas Class 1 | $200 Million | Under review |
Enbridge Bakken Pipeline Company Inc. | Oil Class 2 | $300 Million | Approved |
Enbridge Gas Inc. | Gas Class 2 | $50 Million | Approved |
Enbridge Pipelines (NW) Inc. | Oil Class 3 | $200 Million | Approved |
Enbridge Pipelines Inc. | Oil Class 1 | $1 Billion | Approved |
Enbridge Southern Lights GP Inc. on behalf of Enbridge Southern Lights LP | Oil Class 2 | $300 Million | Approved |
Enercapita Energy Ltd. | Gas Class 2 | $50 Million | Approved |
Express Pipeline Ltd. | Oil Class 1 | $1 Billion | Approved |
ExxonMobil Canada Ltd. | Exempt from requirement at this time | ||
Foothills Pipe Line Ltd. | Gas Class 1 | $200 Million | Approved |
FortisBC Huntingdon Inc. | Gas Class 1 | $200 Million | Under review |
Forty Mile Gas Co-op | Exempt from requirement at this time | ||
Gear Energy Ltd. | Have not filed – in non-compliance | ||
Genesis Pipeline Canada Ltd. | Oil Class 2 | $300 Million | Under review |
Glencoe Resources Ltd. | Exempt from requirement at this time | ||
Glenogle Energy Inc. | Gas Class 2 | $50 Million | Under review |
Great Lakes Pipeline Canada Ltd. | Gas Class 1 | $200 Million | Approved |
Husky Oil Operations Limited | Oil Class 2 | $300 Million | Approved |
ISH Energy Ltd. | Oil Class 3 | $200 Million | Under review |
Kinder Morgan Cochin ULC | Oil Class 2 | $300 Million | Approved |
Kinder Morgan Utopia Ltd. | Oil Class 2 | $300 Million | Approved |
Kingston Midstream Westspur Limited | Oil Class 2 | $300 Million | Conditionally approved |
LBX Pipelines Ltd. | Oil Class 2 | $300 Million | Under review |
Leucrotta Exploration Inc. | Exempt from requirement at this time | ||
Lignite Pipeline Canada Corp | Exempt from requirement at this time | ||
Many Islands Pipe Lines (Canada) Ltd. | Gas Class 1 | $200 Million | Approved |
Maritimes & Northeast Pipeline Management Limited | Gas Class 1 | $200 Million | Approved |
Minell Pipeline Ltd. | Gas Class 2 | $50 Million | Conditionally Approved |
Montreal Pipe Line Limited | Oil Class 2 | $300 Million | Approved |
Niagara Gas Transmission Limited | Gas Class 1 | $200 Million | Approved |
Northriver Midstream Canada Pipelines Inc. | Gas Class 2 | $50 Million | Under review |
Northriver Midstream G and P Canada Pipelines Inc. | Gas Class 1 | $200 Million | Under review |
NOVA Gas Transmission Ltd. | Gas Class 1 | $200 Million | Approved |
Obsidian Energy Inc. | Gas Class 2 | $50 Million | Approved |
Omimex Canada Ltd. | Exempt from requirement at this time | ||
Ovintiv Canada ULC | Gas Class 2 | $50 Million | Approved |
Pieridae Alberta Production Ltd. | Gas Class 2 | $50 Million | Under review |
Pipestone Energy Corp. | Exempt from requirement at this time | ||
Pembina Energy Services Ltd. | Gas Class 2 | $50 Million | Approved |
Pembina Prairie Facilities Ltd. | Gas Class 2 | $50 Million | Approved |
Pine Cliff Energy Ltd. & Pine Cliff Border Pipelines Ltd. | Gas Class 2 | $50 Million | Under review |
Plains Midstream Canada ULC | Oil Class 1 | $1 Billion | Approved |
Portal Municipal Gas Company Canada Inc. c/o SaskEnergy | Gas Class 4 | $10 Million | Under review |
Pouce Coupe Pipe Line Ltd. | Oil Class 2 | $300 Million | Approved |
Resolute FP Ltd. | Commodity Class 1 | $10 Million | Approved |
SCL Pipeline Inc. | Gas Class 2 | $50 Million | Approved |
Shiha Energy Transmission Ltd. | Exempt from requirement at this time | ||
Souris Valley Pipeline Limited | CO2 or Water Class | $5 Million | Approved |
St. Clair Management Inc. | Gas Class 1 | $200 Million | Approved |
Steel Reef Pipelines Canada Corp. | Gas Class 2 | $50 Million | Approved |
Strategic Oil & Gas (Strategic Transmission) | Exempt from requirement at this time | ||
Sunoco Pipeline LP | Gas Class 2 | $50 Million | Under review |
Tamarack Acquisition Corp. | Exempt from requirement at this time | ||
TAQA North Ltd. | Gas Class 2 | $50 Million | Approved |
Tidewater Midstream & Infrastructure Ltd. | Have not filed – in non-compliance | ||
Trans Canada Pipelines Limited | Gas Class 1 | $200 Million | Approved |
Trans Mountain Pipeline ULC | Oil Class 1 | $1 Billion | Approved |
Trans Quebec & Maritimes Pipeline Inc. | Gas Class 1 | $200 Million | Approved |
TransCanada Keystone Pipeline GP Ltd. (Keystone) | Oil Class 1 | $1 Billion | Approved |
Trans-Northern Pipelines Inc. | Oil Class 2 | $300 Million | Under review |
Tundra Oil & Gas Limited | Oil Class 3 | $200 Million | Under review |
Twin Rivers Paper Company Inc. | Have not filed – in non-compliance | ||
Vector Pipeline Limited | Gas Class 1 | $200 Million | Approved |
Venturion Oil Limited | Transfer of Ownership Application under review | ||
Veresen Energy Pipeline Inc. | Gas Class 1 | $200 Million | Under review |
Veresen NGL Pipeline Inc. | Gas Class 2 | $50 Million | Approved |
Vermillion Energy Inc. | Exempt from requirements at this time | ||
Westcoast Energy Inc. | Gas Class 1 | $200 Million | Approved |
Westover Express Pipeline Ltd. | Oil Class 2 | $300 Million | Under review |
Whitecap Resources Inc. | Oil Class 2 | $300 Million | Approved |
Yoho Resources Inc./SanLing Energy Ltd. | Exempt from requirements at this time |
Appendix J: Acronyms and Definitions
CER
Canada Energy Regulator
NEB
National Energy Board
Core Responsibility
An enduring function or role performed by a department. The intentions of the department with respect to a Core Responsibility are reflected in one or more related Departmental Results that the department seeks to contribute to or influence.
Departmental Results Framework
The Departmental Results Framework is a requirement of the 2016 Treasury Board Policy on Results, which supports a culture of measurement, evaluation and innovation in program and policy design and delivery. It is a key tool for tracking and communicating the department’s results and financial information to parliamentarians and the public. It contains a clear and concise overview of what the organization does (core responsibilities), what it is trying to influence (departmental results) and how it will assess progress (departmental result indicators). For more information on the CER’s Departmental Results Framework refer to the CER’s website (www.cer-rec.gc.ca) and follow the file path: “About Us > Who we are and what we do > Governance > Departmental Results Framework”
Governor In Council
A Governor in Council (GIC) appointment is one made by the Governor General, on the advice of the Queen’s Privy Council of Canada (i.e., the Cabinet). The appointments are made through an Order in Council (OIC) and range from heads of agencies and chief executive officers of Crown corporations to members of quasi-judicial tribunals
Parliament
The Parliament of Canada is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the Monarch, the Senate, and the House of Commons
Quasi-Judicial Tribunal
The Commission of the CER is a quasi-judicial tribunal, meaning that it is an administrative tribunal with all the powers, rights, and privileges of a superior court of record with respect to matters within its jurisdiction. It is obliged to deal with applications and proceedings before it expeditiously and respecting the principles of procedural fairness and natural justice.
REGDOCS
REGDOCS is the collection of publically accessible documents that are filed onto the legal record for any CER hearings or other written regulatory proceedings
To Learn More about the CER | ||
Headquarters Calgary |
210-517 10 Ave SW Calgary AB T2R 0A8 |
Office: 403-292-4800 Toll free: 1-800-899-1265 |
Regional Montréal |
804-1130 rue Sherbrooke O Montréal QC H3A 2M8 |
Office: 514-283-2763 infomontreal@cer-rec.gc.ca |
Regional Vancouver |
219-800 Burrard St Vancouver BC V6Z 0B9 |
Office: 604-666-3975 infovancouver@cer-rec.gc.ca |
Regional Yellowknife |
P.O. Box 2213 115-5101 50 Ave Yellowknife NT X1A 2P7 |
Office: 867-766-8408 infonorth@cer-rec.gc.ca |
Fax: 403-292-5503
Toll free: 1-877-288-8803
www.cer-rec.gc.ca
info@cer-rec.gc.ca
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- (12) Although the decision and orders were finalized by the panel of NEB Members on 22 August 2019 before coming into force of the Canadian Energy Regulator Act, the publication process was completed in September 2019.
- (13) Although the decision and orders were finalized by the panel of NEB Members on 26 August 2019 before coming into force of the Canadian Energy Regulator Act, the publication process was completed in September 2019.
- (14) The sub-heading NEB contains all decisions or recommendations issued by the NEB in 2019-20
- (15) The sub-heading CER contains all decisions or recommendations issued by the CER in 2019-20
- (16) Etc-. includes all regulations associated with exploration and production – Canada Oil and Gas Drilling and Productions Regulation, as well as Canada Oil and Gas Geophysical Operations Regulations
- (17) See footnote 14
- (18) See footnote 15
- (19) www.cer-rec.gc.ca/en/about/who-we-are-what-we-do/cer-time-limits-and-service-standards.html
- (20) https://apps.cer-rec.gc.ca/REGDOCS/Item/View/831396
- (21) SOR/2013-138
- (22) SOR/99-294
- (23) SOR/2018-142