Appendices
Appendix A
Appendix A: Commissioner Biographies
Damien A. Côté, Lead Commissioner
Damien A. Côté served as a temporary Member of the National Energy Board 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, Deputy Lead Commissioner
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, Commissioner
Stephania Luciuk was appointed as a Commissioner in 2019. Prior to her appointment, Ms. Luciuk was in legal practice for over 20 years, with extensive experience in the energy sector, serving as in-house counsel at Imperial Oil Limited and Canadian Oil Sands Limited and in private practice with Macleod Dixon and Fasken Martineau DuMoulin. Her legal practice has spanned regulatory, commercial and environmental work as well as engagement with Indigenous peoples related to conventional/unconventional oil and gas development and pipelines. In 2017, Ms. Luciuk was appointed as an assistant professor in the Bissett School of Business at Mount Royal University. She also served part-time as a commissioner of the Appeals Commission for Alberta Workers’ Compensation and as a mediator for the Provincial Court of Alberta. She is currently the CER representative to NARUC (the National Association of Regulatory Utility Commissioners). Ms. Luciuk holds a Juris Doctor from Osgoode Hall Law School at York University and a Master of Laws in international environmental law, focused on freshwater protection, 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 Grimoldby, Commissioner
Trena Grimoldby was appointed as a Commissioner in 2019. She is a lawyer and an adjudicator. Prior to her appointment as Commissioner, she was a Public Chairperson at the Insurance Councils Appeal Board of Alberta (ICAB). She has also previously served as in-house counsel to two multi-national energy companies (Shell Canada and PETRONAS Canada), a midstream energy company (Pembina Pipelines Ltd.), the provincial oil and gas regulator in Alberta (the Alberta Energy Regulator (AER)), and in a private practice setting. She is the CER’s representative at CAMPUT (the Association of Canada’s Energy and Utility Regulators), where she is a member of the Executive Committee, Chair of the Regulatory Affairs Committee and Lead of the Women in Energy Community of Interest. She holds a 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, Commissioner
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 where he was legal counsel for seven years, advising on multiple major project applications. Before his appointment as a Commissioner with the Canada Energy Regulator, 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.
Mélanie Chartier, Commissioner
Mélanie Chartier is a lawyer, with more than 20 years of experience in a variety of areas, including aboriginal, environmental and administrative law, having practiced primarily with the Department of Justice. Ms. Chartier also served as a Member of the Immigration and Refugee Board of Canada from 2016 to 2019. Most recently, Ms. Chartier served as Crown Counsel at the Public Prosecution Service of Canada where she prosecuted regulatory offences. She is a passionate advocate for official languages and has occupied various roles promoting official languages within the federal public service as well as in her community. Ms. Chartier holds a Bachelor of Laws (civil) from Laval University, a Certificate of Qualification in common law from the National Committee on Accreditation, and a Master of Laws from the University of British Columbia, focused on the Crown’s duty to consult with Indigenous peoples.
Appendix B: Application Activity in 2020-21
2020-21 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 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 (CER Act), S.C. 2019, c.28, s.10
- National Energy Board Act (NEB Act), 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
- National Energy Board 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 2020-21.
Table B.1 (Summary of Application Activity in 2020-21) is a high level summary representation of the information in table B.2. It shows the grand total of all application activity
Table B.2 (Detailed Application Activity in 2020-21) provides a detailed listing of all applications received, as well as, decisions and recommendations issued in 2020-21.
Table B.1 - Summary of Application Activity in 2020-21:
Application Type | Number of Applications Received | Number of Decisions or Recommendations issued | |||
2020– 2021 |
2019– 2020 |
2020– 2021 |
2019– 2020 |
||
CER | NEB5 | CER6 | |||
Infrastructure Applications (Total) | 156 | 88 | 136 | 80 | |
NEB Act | 41 | 13 | 40 | 31 | |
CER Act | 156 | 47 | 123 | N/A | 9 |
Tolls and Tariffs Applications (Total) | 18 | 32 | 20 | 28 | |
NEB Act | 15 | 1 | 14 | 5 | |
CER Act | 18 | 17 | 19 | N/A | 9 |
Exports & Imports Applications (Total) | 572 | 600 | 575 | 602 | |
NEB Act | 537 | 583 | 540 | 109 | 482 |
CER Act | 35 | 17 | 35 | N/A | 11 |
Exploration & Production (Total) | 28 | 40 | 27 | 40 | |
CPRA, COGOA, OGOA, etc7 | 28 | 40 | 27 | 9 | 31 |
Other (Total) | 28 | 36 | 20 | 28 | |
NEB Act | N/A | 11 | 4 | 12 | 7 |
CER Act | 28 | 25 | 16 | N/A | 9 |
Grand Total | 802 | 796 | 778 | 778 | |
NEB Act | 537 | 650 | 558 | 175 | 525 |
CER Act | 237 | 106 | 193 | N/A | 38 |
Exploration & Production | 28 | 40 | 27 | 9 | 31 |
Table B.2-Detailed Application Activity in 2020-21:
Application Type | Number of Applications Received | Number of Decisions or Recommendations issued | |||||
2020–21 | 2019–20 |
5 yr. Annual Average (2015–20) |
2020–2021 | 2019–20 |
5 yr. Annual Average (2015–20) |
||
CER | NEB8 | CER9 | |||||
Infrastructure Applications | |||||||
Plans, Profiles and Books of Reference/Detailed Route (NEB Act, Part III, s. 33, 34, 35, 36) | 0 | 1 | 1.4 | 2 | 0 | 3 | 6.0 |
(CER Act, Part 3, s.199 (1-4), s.201 (1-4), s.202 (1-5), s.203(1-2)) | 1 | 1 | 0.2 | 6 | N/A | 3 | 0.6 |
Further Plans or Deviations (NEB Act, Part III, s. 44, 45) | 0 | 1 | 1.8 | 0 | 1 | 0 | 2.8 |
(CER Act, Part 3, s.200, s.211(1),(2),(3)) | 11 | 1 | 0.2 | 6 | N/A | 1 | 0.2 |
Large Pipeline Infrastructure (NEB Act, Part III, s. 52, s. 53 | 0 | 3 | 1.4 | 3 | 0 | 1 | 1.6 |
(CER Act, Part 3, s.183(2), (3)(a),(b),(c), s.184) | 1 | 0 | 0.0 | 0 | N/A | 0 | 0.0 |
Small Pipeline Infrastructure (NEB Act Part III, s. 58) | 0 | 14 | 36.8 | 4 | 14 | 11 | 36.0 |
(CER Act, Part 3, s.214(1-9)) | 14 | 18 | 3.6 | 22 | N/A | 3 | 0.6 |
Power Line Permits (NEB Act, Part III, s. 58.11) | 0 | 0 | 0.6 | 0 | 0 | 0 | 0.4 |
(CER Act, Part 4, s.248) | 0 | 1 | 0.2 | 0 | N/A | 0 | 0.0 |
Power Line Certificates (NEB Act, Part III, s. 58.16) | 0 | 0 | 0.4 | 0 | 0 | 0 | 0.4 |
(CER Act, Part 4, s. 262(1)) | 0 | 0 | 0.0 | 0 | N/A | 0 | 0.0 |
Sales and Transfers (NEB Act, Part V, s. 74(1)(a), s.74(1)(b), s. 74(1)(c)) | 0 | 3 | 8.8 | 2 | 6 | 1 | 8.2 |
(CER Act, Part 3, s.181 1(a),(b),(c)) | 9 | 0 | 0.0 | 3 | N/A | 0 | 0.0 |
Abandonments Pipeline (NEB Act, Part V, s. 74 (1)(d)) | 0 | 2 | 5.4 | 2 | 6 | 3 | 5.0 |
(CER Act, Part 3, s.241(1-5)) | 7 | 1 | 0.2 | 5 | N/A | 0 | 0.0 |
Abandonments Power Line (NEB Act, Part III.1, s. 58.34 (1)(2)) | 0 | 0 | 0.2 | 0 | 0 | 0 | 0.0 |
(CER Act, Part 4, s.277 (1) (2)) | 0 | 0 | 0.0 | 0 | N/A | 0 | 0.0 |
Crossings/Damage Prevention (NEB Act, Part V, s. 81, s. 112) | 0 | 1 | 0.2 | 0 | 0 | 1 | 0.8 |
(CER Act, Part 6, s.335,(1-10), s.338(1-4)) | 0 | 0 | 0.0 | 0 | N/A | 0 | 0.0 |
Right of Entry and Construction over other Utility Lines (NEB Act, Part V, s.104 and 108) | 0 | 1 | 4.2 | 0 | 0 | 0 | 1.0 |
(CER Act, Part 3, s.217(1-6), Part 6, s.324(1-2)) | 107 | 20 | 4.0 | 74 | N/A | 2 | 0.4 |
OPR Applications: Change of Service, Deactivation, Reactivation, Decommissioning (OPR, Part VI, s. 43, 44, 45, 45.1) | 6 | 9 | 21.6 | 7 | 13 | 1 | 20.6 |
Substituted Service Regulations Applications (ss 3(1)) | 0 | 11 | 4.4 | 0 | 0 | 10 | 4.2 |
Grand Total NEB Act & CER Act Infrastructure Applications | 156 | 88 | 95.6 | 136 | 80 | 88.8 | |
Total NEB Act Infrastructure Applications | 0 | 41 | 61.2 | 13 | 71 | 62.2 | |
Total CER Act Infrastructure Applications | 156 | 47 | 34.4 | 123 | 9 | 26.6 | |
Tolls and Tariffs Applications | |||||||
Tolls and Tariffs (NEB Act, Part IV, s. 59, s. 60, s. 62, s. 63, s. 64, s.65, s. 71) | 0 | 15 | 23.4 | 1 | 14 | 5 | 23.0 |
(CER Act, Part 3, s.226, s.227, s.229(1-2), s.230, s.231(1), s.232(1), s.233, s.239(1-3)) | 18 | 17 | 3.4 | 19 | N/A | 9 | 1.8 |
Grand Total Tolls and Tariffs | 18 | 32 | 26.8 | 20 | 28 | 24.8 | |
Total NEB Act Tolls and Tariffs | 0 | 15 | 23.4 | 1 | 19 | 23.0 | |
Total CER Act Tolls and Tariffs | 18 | 17 | 3.4 | 19 | 9 | 1.8 | |
Exports & Imports Applications | |||||||
Oil and Gas short-term orders (NEB Act, Part I, s. 21 (1); NEB Act, Part VI (Oil and Gas) Regulations: Part I, ss 6(3); Part II, s 15 or 22; Part III, s. 28) | 537 | 576 | 537.2 | 540 | 101 | 475 | 537.4 |
(CER Act, Part 1, s.69(1-3)) | 10 | 2 | 0.4 | 11 | N/A | 2 | 0.4 |
Electricity Export Permits (NEB Act, Part I, s.21, 21.2 and Part VI. s.119.03, and 119.093) | 0 | 6 | 16.4 | 0 | 7 | 5 | 16.4 |
(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)) | 24 | 14 | 2.8 | 22 | N/A | 9 | 1.8 |
Long-term licenses (NEB Act, ss. 119(3); Part I, s. 21, s. 21. (1); Part VI, s. 117 (1)) | 0 | 1 | 5.2 | 0 | 1 | 2 | 9.0 |
(CER Act, Part 1, s.69(1-3), Part 7, Division 1, s.344(1), s.348(1), s.349(2), s.351(1-2)) | 1 | 1 | 0.2 | 2 | N/A | 0 | 0.0 |
Grand Total Exports & Imports | 572 | 600 | 562.2 | 575 | 602 | 565.0 | |
Total NEB Act Exports & Imports | 537 | 583 | 558.8 | 540 | 591 | 562.8 | |
Total CER Act Exports & Imports | 35 | 17 | 3.4 | 35 | 11 | 2.2 | |
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) | 27 | 40 | 20.6 | 27 | 9 | 31 | 20.4 |
Geological and geophysical applications (COGOA para 5(1)(b) and GO Regs s. 3) | 0 | 0 | 0.2 | 0 | 0 | 0 | 0.2 |
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) | 1 | 0 | 0.4 | 0 | 0 | 0 | 0.4 |
Total Exploration & Production | 28 | 40 | 21.2 | 27 | 40 | 21.0 | |
Other | |||||||
Powers of the Board and Variances (NEB Act, Part I, s. 12-13, 21) | 0 | 11 | 23.6 | 4 | 12 | 7 | 19.0 |
(CER Act, Part 1, s.32, s.34, s.69, Part 3, s.190, Part 4, s.280, Part 6, s.313) | 24 | 23 | 4.6 | 16 | N/A | 9 | 1.8 |
Compensation (NEB Act, Part III, s. 48.35 (1), Part V, s. 88 (1)) | 0 | 0 | 0.0 | 0 | 0 | 0 | 0.0 |
(CER Act, Part 2, s.160, Part 6, s.327) | 4 | 2 | 0.4 | 2 | N/A | 0 | 0.0 |
Grand Total Other | 28 | 36 | 28.6 | 20 | 28 | 20.8 | |
Total NEB Act Other | 0 | 11 | 23.6 | 4 | 19 | 19.0 | |
Total CER Act Other | 28 | 25 | 5.0 | 16 | 9 | 1.8 | |
Grand Total All Applications & Decisions/ Recommendations | 802 | 796 | 734.4 | 778 | 778 | 720.4 | |
Total NEB Act All Applications & Decisions/Recommendations | 537 | 650 | 693.0 | 565 | 700 | 691.8 | |
Total CER Act All Applications & Decisions/ Recommendations | 237 | 106 | 20.2 | 186 | 38 | 7.6 | |
Total Exploration & Production All Applications & Decisions/Recommendations | 28 | 40 | 21.2 | 27 | 40 | 21.0 |
Appendix C: Time Limits
2020-21 Time Limits
The following table shows applications which were subject to time limits for processing as per the CER Act. All time limits were met in 2020-21 except for one application.
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 website10.
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 |
CER Act s.214 | Small Pipeline Infrastructure - Category B | 210 days from application complete | NOVA Gas Transmission s. 214 application to construct and operate - Clearwater Compressor Station C7 Unit Addition | 73 | 2 | C05584 | 2020-04-02 |
CER Act s.214 | Small Pipeline Infrastructure - Category B | 210 days from application complete | Enbridge Pipelines Inc - Kinder Morgan Expansion Project | 52 | 1 | C05605 | 2020-04-02 |
CER Act s.214 | Small Pipeline Infrastructure - Category A | 210 days from application complete | Express Pipeline Ltd. - Express Capacity Expansion Project- Line 40A | 64 | 2 | C05742 | 2020-04-09 |
CER Act s.214 | Small Pipeline Infrastructure - Category B | 300 days from application complete | TransCanada PipeLines Limited s.214 application to construct and operate - Station 130 C5 Compressor Station Unit Addition | 89 | 2 | C05797 | 2020-04-20 |
CER Act s.214 | Small Pipeline Infrastructure - Category B | 210 days from application complete | NOVA Gas Transmission Ltd. application to construct and operate - Dawson Creek No. 2 Receipt Meter Station | 70 | 2 | C05820 | 2020-04-21 |
CER Act s.214 | Small Pipeline Infrastructure - Category B | 210 days from application complete | TransCanada PipeLines Limited application to construct and operate - Vineland Sales Meter Station Upgrade | 49 | 1 | C06232 | 2020-05-11 |
CER Act s.214 | Small Pipeline Infrastructure - Category B | 210 days from application complete | NOVA Gas Transmission Ltd. application to construct and operate - NPS 16 Mildred Lake North Lateral Relocation | 71 | 2 | C06268 | 2020-05-11 |
CER Act s.214 | Small Pipeline Infrastructure - Category C | 300 days from application complete | Westcoast Energy Inc. s.214 application to construct and operate - CS-1 Segregation Project | 110 | 3 | C06252 | 2020-05-12 |
CER Act s.214 | Small Pipeline Infrastructure - Category B | 210 days from application complete | Trans Mountain Pipeline ULC - Grand Rapids Pipeline Metering Connection | 58 | 1 | C06309 | 2020-05-13 |
NEB Act s.58 | Small Pipeline Infrastructure | 15 months | Trans Mountain Pipeline ULC s.58 application - Westridge Delivery Line Relocation (HEARING) | 72811 | 23 | C06322 | 2020-05-15 |
CER Act s.214 | Small Pipeline Infrastructure - Category B | 210 days from application complete | Foothills Pipe Lines Ltd. application to construct and operate - Shaunavon Sales Meter Station | 20 | 0 | C06635 | 2020-06-02 |
CER Act s.214 | Small Pipeline Infrastructure - Category C | 300 days from application complete | Trans Mountain Pipeline ULC - Coquihalla Crossing No. 15 and 16 Replacement Project | 112 | 3 | C07010 | 2020-06-25 |
CER Act s.214 | Small Pipeline Infrastructure - Category C | 300 days from application complete | TransCanada PipeLines Limited s.214 application to construct and operate - Station 148 E1 Unit Addition | 95 | 3 | C07207 | 2020-07-07 |
CER Act s.214 | Small Pipeline Infrastructure - Category C | 300 days from application complete | Trans Québec and Maritimes Pipeline Inc. application to construct and operate - Blainville Compressor Station and East Hereford Electrical Upgrade | 92 | 3 | C07273 | 2020-07-10 |
NEB Act s.58 | Small Pipeline Infrastructure - Category C | 300 days from application complete | NOVA Gas Transmission Ltd. s.58 application to construct and operate - Saddle Lake Lateral Loop (Cold Lake Section) Project | 144 | 4 | C07372 | 2020-07-17 |
NEB Act s.58 | Small Pipeline Infrastructure - Category C | 300 days from application complete | Many Island Pipe Lines (Canada) Limited s.58 application to construct and operate - Pierceland Supply Project | 120 | 3 | C07461 | 2020-07-17 |
CER Act s.214 | Small Pipeline Infrastructure - Category B | 210 days from application complete | Westcoast Energy Inc. - application to construct and OperateCS5 Station Bypass Piping Replacement Project | 53 | 1 | C07919 | 2020-08-17 |
CER Act s.214 | Small Pipeline Infrastructure - Category B | 210 days from application complete | TransCanada PipeLines Limited - Nipigon South Sales Meter Station | 70 | 2 | C07971 | 2020-08-19 |
CER Act s.214 | Small Pipeline Infrastructure - Category B | 210 days from application complete | Many Islands Pipe Lines (Canada) Limited - s.214 application for the Shaunavon Interconnect Project to construct a new metering facility and a non-sour natural gas line | 62 | 2 | C07969 | 2020-08-19 |
CER Act s.344 | Export or Import Licences | 6 months | AltaGas LPG General Partner Inc. on behalf of AltaGas LPG Limited Partnership Application for a licence to Export Propane (HEARING) | 151 | 4 | C08015 | 2020-08-21 |
NEB Act s.52 | Large Pipeline Infrastructure | 15 months | NOVA Gas Transmission Ltd. s.52 application - North Corridor Expansion Project (HEARING)) | 374 | 12 | C08154 | 2020-09-03 |
CER Act s.214 | Small Pipeline Infrastructure - Category C | 300 days from application complete | Foothills Pipe lines (South BC) Ltd. - Zone 8 West Path Delivery 2022 Project | 77 | 2 | C09197 | 2020-10-28 |
NEB Act s.52 | Large Pipeline Infrastructure | 15 months | Application for the TQM Reinforcement and Asset Purchase (HEARING) | 323 | 10 | C09218 | 2020-10-29 |
CER Act s.214 | Small Pipeline Infrastructure - Category B | 210 days from application complete | Westcoast Energy Inc., carrying on business as Spectra Energy Transmission - application for the Silverstar Project to add metering capability at its existing Sunset Creek Compressor Station (CS-16). | 75 | 2 | C09317 | 2020-11-03 |
CER Act s.214 | Small Pipeline Infrastructure - Category A | 130 days from application complete | County of Vermilion River No. 24 Gas Utility application to construct and operate - Reilly Lake Grain Dryer Project | 28 | 0 | C09472 | 2020-11-05 |
NEB Act s.52 | Large Pipeline Infrastructure | 15 months | NOVA Gas Transmission Ltd. s.52 application - Edson Mainline Expansion Project (HEARING) | 451 | 14 | C09740 | 2020-11-19 |
NEB Act s.58 | Small Pipeline Infrastructure - Category C | 300 days from application complete | Trans Canada PipeLines Limited s.58 application to construct and operate - Station 802 B3 Unit Addition | 56 | 1 | C10467 | 2020-12-16 |
CER Act s.214 | Small Pipeline Infrastructure - Category B | 210 days from application complete | Zibi Community Utility Project | 101 | 3 | C11600 | 2021-02-22 |
CER Act s.214 | Small Pipeline Infrastructure - Category A | 130 days from application complete | NOVA Gas Transmission Ltd. application to construct and operate - Gundy West No. 2 Receipt Meter Station | 31 | 1 | C11963 | 2021-03-12 |
CER Act s.214 | Small Pipeline Infrastructure - Category A | 130 days from application complete | NOVA Gas Transmission application to construct and operate - Old Alaska No. 2 Receipt Meter Station | 34 | 1 | C11994 | 2021-03-15 |
Appendix D: Leave To Open Orders Issued in 2020-21
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 granted in the 2020-21 fiscal year, by company.
Company/Project | CER |
Enbridge Pipelines Inc. | 1 (Total) |
Line 5 St. Clair River Replacement Project | 1 |
Many Islands Pipe Lines | 2 (Total) |
Norquay Benito Pipeline Segment Replacement | 1 |
Shaunavon Interconnect Project | 1 |
NOVA Gas Transmission Ltd. | 18 (Total) |
Buffalo Creek B3 Compressor Station Unit Addition | 1 |
Dawson Creek No. 2 Receipt Meter Station | 1 |
Goodfish A2 Compressor Station Unit Addition | 1 |
Grande Prairie Mainline Loop No. 2 (Hornbeck and Bronson Sections) | 2 |
Grande Prairie Mainline Loop No. 3 (Elmworth Section 1) - Clearwater West Expansion Project | 3 |
North Central Corridor Loop (North Star Section 1) | 1 |
North Montney Project - Kahta Section | 1 |
North Montney Project - Receipt Meter Stations (Aitken Creek West No. 2, Blair Creek, and Kobes) | 3 |
North Path Delivery Project - Meikle River Compressor Station Units C and D Modifications | 1 |
Smoky River Sales Meter Station | 1 |
West Path Delivery Project - Burton Creek Compressor Station Unit Addition | 2 |
Wolf Lake Compressor Station Unit Addition - (Wolf Lake CS) - Clearwater West Expansion Project | 1 |
TransCanada Keystone Pipeline GP Ltd. | 4 (Total) |
Partial Leave to Opens at Keystone Hardisty Complex | 4 |
TransCanada PipeLines Limited | 2 (Total) |
Sales Meter Stations Upgrade (Brandon and Vineland) | 2 |
Trans-Northern Pipelines Inc. | 1 (Total) |
Credit River Pipeline Relocation | 1 |
Westcoast Energy Inc. | 2 (Total) |
T-South Expansion - CS-4A Compressor Station Upgrade Project | 1 |
T-South Expansion - CS-7 Compressor Station | 1 |
Grand Total | 30 |
Appendix E: 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.12
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 1 April 2020 to 31 March 2021. The last review conducted was in June 2019.
There were three AMPs issued in the period from 1 April 2020 to 31 March 2021.
Reference Number | Last Updated | Recipient | Region/Facility | Description | Penalty Amount |
2021-03-12 | TransNorthern Pipelines Inc. |
Ontario |
Failure to have an adequate Environmental Protection Program, particularly related to contaminated sites, as required by section 48 of the Onshore Pipeline Regulations |
$40,000 |
|
2020-11-12 | Westcoast Energy Inc. |
Near Prince George, BC |
Violation of ss. 4(2) of the Onshore Pipeline Regulations – failure to ensure that the pipeline is operated in accordance with the programs, manuals, procedures, measures and plans developed and implemented by the company |
$40,000 |
|
2020-06-25 | TransNorthern Pipelines Inc. |
Oakville, Ontario |
s. 29 of the Onshore Pipeline Regulations – Failure to contract for services as prescribed |
$40,000 |
Appendix F: Commission Orders and Directions in Effect in 2020-21
The following table summarizes Commission Orders (sometimes referred to as Safety Orders) and Directions that were active in 2020-21. 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.
Many Orders will remain in effect for several years, in which case CER staff will continue to monitor compliance with the Order. The existence of an 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.
Order Number | Last Updated | Company | Region | Description/ Reason for Order/ Direction | Resulting Action/Status |
2020-07-22 |
TransNorthern Pipelines Inc. |
Canada |
Trans-Northern Pipelines Inc requested that certain information regarding contaminated site be kept confidential. |
Commission’s decision was to deny TNPI’s request for confidential treatment of Historical Spills, Leaks and Damage Incident Inventory Information. |
|
2012-09-18 |
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 2021. |
|
2013-12-20 |
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 2021: Pressure restriction continues while the company assesses the business need for continued operation of the lateral pipeline |
|
2020-11-03 |
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 2021: Pressure restriction was removed, and the pipeline segment was returned to full service in November 2020. The Order is no longer in effect. |
|
2015-01-15 |
Plains Midstream Canada ULC |
Pipelines in Alberta, Saskatchewan, Manitoba and Ontario |
Deficiencies from non-compliant findings associated with Corrective Action Plan from 2010 Audit |
Requires corrective actions to address deficiencies Status 31 March 2021: All conditions have been assessed by CER staff and a Commission decision regarding the Company actions is expected to be issued in 2021-22 fiscal year. |
|
2020-07-17 |
TransNorthern Pipelines Inc |
Ontario and Québec |
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 2021: Three conditions remain for approval. The company has not yet requested an increase in pressure and periodic, reoccurring requirements (e.g. engineering assessments) are still on-going. CER staff continue to monitor the company’s compliance with the amended Safety Order. |
|
2021-02-01 |
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 2021: Three lateral pipelines remain on the Order. |
Appendix G: Post-Approval Compliance
The CER expects that companies identify and mitigate risks before they begin a project. When a risk is identified during the review of an application, the Commission may impose project-specific conditions to reduce risks, prevent harm, promote safety, and protect the environment.
If a project is approved, the CER will oversee the construction and operation of the project through a variety of post-approval matters, that inform safety and environmental oversight. Condition compliance and related documents were received by the CER for 188 different projects in 2020-21. When any of the filings received require a regulatory decision, the matter is brought to the Commission for decision. Approximately half of the total number of documents submitted relate to four large projects, namely the Trans Mountain Expansion Project, the NGTL 2021 Expansion, the Line 3 Replacement Project and the Keystone XL Pipeline.
For the Trans Mountain Expansion Project, over 2500 documents were submitted by the company including 300 documents13 submitted for condition compliance. The Commission issued 51 Letter Reports directly related to condition compliance, each representing one or more compliance decisions.
The table below outlines the projects for which many post-approval filings were received. A large number of projects are not listed for brevity purposes. The Commission made over 200 post-approval decisions14 in 2020-21. These decisions vary greatly in complexity, and address condition compliance, some variance and relief requests.
Project Name | Number of Company Documents Filed in Post-Approval Compliance |
2013-12-16 - Application for Trans Mountain Expansion Project (OH-001-2014) | 2,572 |
2018-06-20 Application for 2021 NGTL System Expansion Project (GH-003-2018) | 236 |
2018-08-13 - Application for the T-South Expansion and Reliability Project (GHW-002-2018) | 229 |
2014-11-05 - Application for the Line 3 Replacement Program (OH-002-2015) | 185 |
2019-06-12 - Application for Pierceland Supply Project | 137 |
2017-10-19 - Application for the Spruce Ridge Program (GH-001-2018) | 129 |
2013-11-08 Application for North Montney Project (GH-001-2014) | 124 |
2016-12-16 - Application for the Manitoba-Minnesota Transmission Project (EH-001-2017) | 109 |
2009-02-27 - Application for the Keystone XL Pipeline (OH-1-2009) | 92 |
2019-09-30 Application for the construction of Appalaches - Maine Interconnection Power Line Project | 89 |
2020-03-03 Application for the Shaunavon Interconnect Project | 56 |
2018-10-01 Application for Buffalo Creek B3 and Goodfish A2 Compressor Station Unit Additions | 56 |
2020-06-01 - Application for the NGTL West Path Delivery 2022 Project | 54 |
2018-02-12 Application for the construction of the West Path Delivery Project (GH-002-2018) | 54 |
Appendix H: Abandonment Funding
All pipeline companies are required to follow the Canadian Energy Regulator Onshore Pipeline Regulations,15 which include a systematic approach to pipeline management, including abandonment. The Commission adjudicates applications to abandon pipelines (section 241 of the CER Act) and also ensures that companies have sufficient funds to pay for the eventual abandonment of pipelines (section 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 five 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
Table H.1 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.
Table H.1
Company | Financial Instrument | Amount of Financial Instrument (in 2018 dollars except where noted) |
1057533 Alberta Ltd. | Letter of Credit | 855,173 |
2670568 Ontario Limited | Surety Bond | 171,694 |
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 |
Bonavista Energy Corporation | Letter of Credit | 18,185 |
Caltex Resources Ltd. | Letter of Credit | 291,292 |
Campus Energy Partners | 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 | Letter of credit | 1,320,396 |
Crescent Point Energy Corp. | Letter of Credit | 346,878 |
Distinction Energy Corporation | Surety Bond | 362,000 |
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 | 217,155 |
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 |
Imperial Oil Resources Limited | Letter of Credit | 1,414,710 |
ISH Energy Ltd. | Letter of Credit | 3,046,923 |
LBX Pipeline Ltd. | Letter of Credit | 3,198,336 |
Leucrotta Exploration Inc. | Letter of Credit | 241,490 |
Lignite Pipeline Canada Corp. | Surety Bond | 1,426,320 |
NorthRiver Midstream G and P Canada Pipelines Ltd. | Letter of Credit | 1,462,274 |
Obsidian Energy | Letter of Credit | 922,150 |
Omimex Canada, Ltd. | Letter of Credit | 132,950 |
OVINTIV Canada ULC | Surety Bond | 2,063,970 |
OVINTIV Canada ULC | Letter of Credit | 11,700,000 |
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 |
Pouce Coupe Pipe Line Ltd. | Letter of Credit | 172,343 |
Prospera Energy Inc. (Note: 2019 dollars) | Letter of Credit | 90,726 |
Shell Canada Energy | Letter of Credit | 4,920,047 |
Shell Canada Products Limited | Letter of Credit | 259,288 |
Shiha Energy Transmission Ltd. | Letter of Credit | 192,026 |
Steel Reef Pipelines Canada Corp. | Surety Bond | 470,613 |
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 |
Tidewater Midstream | 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. | Letter of Credit | 3,326,412 |
Veresen NGL Pipeline Inc. | Letter of Credit | 1,761,889 |
Vermilion Energy Inc. | Letter of Credit | 242,462 |
Whitecap Resources Inc. | Letter of Credit | 1,255,752 |
Windmill Dream | Letter of Credit | 221,568 |
Winslow Resources | Letter of Credit | 54,000 |
Yoho Resources Inc. | Letter of Credit | 50,000 |
Companies using Trusts
Table H.2 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 2019.
Table H.2
Company | Abandonment Cost Estimate | Collection Period (Years) | 2019 Close Balance ($) — Actual |
2193914 Canada Limited | 6,689,261 | 35 | 1,025,000 |
Alliance Pipeline Ltd. | 364,940,000 | 40 | 59,576,754 |
Aurora Pipeline Company Ltd. (Plains) | 57,840 | 40 | 18,638 |
Centra Transmission Holdings Inc. | 22,226,090 | 40 | 5,265,371 |
Emera Brunswick Pipeline Company Ltd. | 12,781,000 | 20 | 4,311,000 |
Enbridge Bakken Pipeline Company Inc., on behalf of Enbridge Bakken Pipeline Limited Partnership | 22,300,000 | 25 | 2,840,000 |
Enbridge Pipelines (NW) Inc. | 45,000,000 | 12 | 13,077,000 |
Enbridge Pipelines Inc. | 1,743,200,000 | 40 | 246,082,000 |
Enbridge Southern Lights GP Inc. on behalf of Enbridge Southern Lights LP | 177,900,000 | 40 | 18,657,000 |
Express Pipeline Ltd. | 99,300,000 | 40 | 7,347,224 |
Foothills Pipelines Ltd | 244,720,000 | 30 | 48,016,000 |
Genesis Pipeline (Canada) Ltd. | 3,114,576 | 40 | 1,044,101 |
PKM Cochin ULC | 28,000,000 | 20 | 8,808,918 |
Kinder Morgan Utopia Ltd. | 1,104,300 | 21 | 222,698 |
Maritimes & Northeast Pipeline Management Limited | 166,800,000 | 20 | 68,806,593 |
Montreal Pipe Line Limited | 19,873,239 | 40 | 3,885,955 |
Niagara Gas Transmission Limited | 6,871,346 | 35 | 1,041,000 |
NOVA Gas Transmission Ltd. | 2,535,333,000 | 30 | 527,863,000 |
Plains Midstream Canada ULC | 50,347,731 | 40 | 12,507,307 |
Pouce Coupé Pipe Line Ltd. | 7,597,783 | 15 | 5,545,195 |
Souris Valley Pipeline Limited | 3,309,572 | FF | 3,647,138 |
St. Clair Pipelines Management Inc. | 1,359,792 | 35 | 238,189 |
TEML Westspur Pipeline Ltd. | 51,931,666 | 25 | 9,751,000 |
Trans Mountain Pipeline Inc. | 367,820,000 | 35 | 73,246,204 |
Trans Quebec & Maritimes Pipeline (TQM) Inc. | 115,500,000 | 25 | 28,609,000 |
TransCanada Keystone Pipeline GP Ltd. | 268,100,000 | 25 | 64,285,000 |
TransCanada Pipelines Limited | 2,904,930,000 | 25 | 816,406,000 |
Trans-Northern Pipelines Inc. | 87,020,000 | 40 | 15,238,998 |
Union Gas Limited | 103,187 | FF | 107,533 |
Vector Pipeline Limited Partnership | 8,500,000 | 35 | 860,000 |
Westcoast Energy Inc. | 809,700,000 | 40 | 83,157,264 |
FF = fully funded
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)16 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 | Conditionally approved |
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 | Conditionally approved |
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 | Approved |
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 | Conditionally approved |
Champion Pipe Line Corporation Limited | Gas Class 2 | $50 Million | Conditionally approved |
Chief Mountain Gas Co-op Ltd. | Gas Class 4 | $10 Million | Under review |
Commandité gestion energy Windmill DREAM Québec inc. | Exempt from requirements at this time | ||
County of VerMillion River No. 24 Gas Utility | Gas Class 4 | $10 Million | Under review |
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 | Approved |
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 | Conditionally Approved |
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 | 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 | Granted extension to file until 1 June 2021 |
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 | Conditionally approved |
Tamarack Acquisition Corp. | Exempt from requirement at this time | ||
TAQA North Ltd. | Gas Class 2 | $50 Million | Approved |
Tidewater Midstream & Infrastructure Ltd. | Gas Class 4 | $10 Million | Under review |
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. | Commodity Class 1 | $10 Million | Under review |
Vector Pipeline Limited | Gas Class 1 | $200 Million | Approved |
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 | Conditionally approved |
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
CER Act
Canadian Energy Regulator Act
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.17
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 Eastern - Montréal |
804-1130 rue Sherbrooke O Montréal QC H3A 2M8 |
Office: 514-283-2763 infomontreal@cer-rec.gc.ca |
Regional Pacific - Vancouver |
219-800 Burrard St Vancouver BC V6Z 0B9 |
Office: 604-666-3975 infovancouver@cer-rec.gc.ca |
Regional Northern - 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
Follow:
- (5) The sub-heading NEB contains all decisions or recommendations issued by the NEB in 2019-20.
- (6) The sub-heading CER contains all decisions or recommendations issued by the CER in 2019-20.
- (7) 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
- (8) The sub-heading NEB contains all decisions or recommendations issued by the NEB in 2019-20.
- (9) The sub-heading CER contains all decisions or recommendations issued by the CER in 2019-20.
- (10) CER Time Limits and Service Standards
- (11) The time limit was not met as a result of the application’s abeyance and concurrent Trans Mountain Reconsideration process.
- (12) SOR/2013-138
- (13) For any given condition, there are often multiple filings received.
- (14) The number of decisions identified is limited to condition compliance, some variance, and relief requests. There are other post-approval matters that are not enumerated, including those associated with detailed routing matters, right of entry applications, or Leave to Open applications
- (15) SOR/99-294
- (16) SOR/2018-142
- (17) Departmental Results Framework