Filing Manual

Filing Manual [PDF 2548 KB]

Filing Manual

Copyright/Permission to Reproduce

August 2020

The CER will no longer provide hard copy pages for insertion to binders effective January 2020. Please see the CER’s website for the most current HTML and PDF versions of the Filing Manual.

Table of Contents

Table of Contents

List of Tables

List of Figures

Glossary of Terms

List of Abbreviations

Chapter 1 – Introduction

Chapter 1 – Introduction

  1. 1.1 Background
    1. 1.1.1 Transition from National Energy Board to Canada Energy Regulator
  2. 1.2 Purpose
  3. 1.3 Organization
  4. 1.4 Content Structure
  5. 1.5 Confidential Filing
    1. 1.5.1 Filing Requirements
      1. Guidance
        1. Sections 60 and 61 of the CER Act
        2. Other filings
  6. 1.6 Previously Filed Material
  7. 1.7 Pre-Application Meetings Guidance Notes
  8. 1.8 Public Engagement Resources
  9. 1.9 Updates
  10. 1.10 Measurement, Conversion Factors and Commodity Description
    1. Gas
    2. Liquids
  11. 1.11 Filing with the Canada Energy Regulator
  12. 1.12 Filing Digital Location Data
Chapter 2 – Instructions to Users

Chapter 2 – Instructions to Users

  1. 2.1 Process Flowchart
    1. Figure 2-1: CER Filing Manual Flowchart
  2. 2.2 Steps to Work through the Flowchart
    1. Flowchart Symbols
    2. Procedure
  3. 2.3 Regulatory Listing
    1. Table 2-1: Sections of CER Act and Regulations Requiring Applications
Chapter 3 – Common Information Requirements

Chapter 3 – Common Information Requirements

  1. 3.1 Action Sought by Applicant
    1. Goal
    2. Filing Requirements
    3. Guidance
  2. 3.2 Application or Project Purpose
    1. Goal
    2. Filing Requirements
    3. Guidance
  3. 3.3 Management Systems and Programs under the OPR
    1. Goal
    2. Filing Requirements
    3. Guidance
  4. 3.4 Engagement
    1. 3.4.1 Company-wide Engagement Program
      1. Goal
      2. Filing Requirements
      3. Guidance
    2. 3.4.2 Designing Project-specific Engagement Activities
      1. Goal
      2. Filing Requirements
      3. Guidance
        1. Local and Indigenous Knowledge
    3. 3.4.3 Implementation and Outcomes of Project-specific Engagement Activities
      1. Goal
      2. Filing Requirements
      3. Guidance
    4. 3.4.4 Justification for Not Undertaking Engagement Activities
      1. Goal
      2. Filing Requirements
      3. Guidance
        1. Equivalent Engagement Activities
        2. No or Negligible Environmental or Socio-economic Effects
        3. Facilities within Company Owned or Leased Lands
  5. 3.5 Notification of Commercial Third Parties
    1. Goal
    2. Filing Requirements
    3. Guidance
      1. Identifying Commercial Third Parties
      2. Notification
      3. Concerns
      4. Self-identified, Interested Third Parties
      5. When Notification is Not Required
      6. Table 3-1: Other Potential Federal Contacts
Chapter 4 – Physical Projects

Chapter 4 – Physical Projects

  1. 4.1 Description of the Project
    1. Goal
    2. Filing Requirements
    3. Guidance
      1. Description of Project Components
      2. Description of Project Costs
  2. 4.2 Economic Feasibility, Alternatives and Justification
    1. Goal
    2. 4.2.1 Filing Requirements – Economic Feasibility
      1. Guidance – Economic Feasibility
    3. 4.2.2 Filing Requirements – Alternatives and Justification
      1. Guidance – Alternatives
        1. Alternatives Evaluated
        2. Selection Criteria
    4. 4.2.3 Filing Requirements – Justification
      1. Guidance – Justification
Guide A – Facilities Applications

Guide A – Facilities Applications

  1. S. 183 Applications
  2. S. 214 Applications
  3. Operations and Maintenance Activities
  4. S. 214 Streamlining Order
A.1 – Engineering

A.1 – Engineering

  1. A.1.1 Engineering Design Details
    1. Goal
    2. Filing Requirements
  2. A.1.2 Engineering Design Principles
    1. Goal
    2. Filing Requirements
  3. A.1.3 Canadian Energy Regulator Onshore Pipeline Regulations
    1. Goal
    2. Filing Requirements
    3. Guidance
      1. Quality Assurance Program for Materials
A.2 – Environmental and Socio-economic Assessment

A.2 – Environmental and Socio-economic Assessment

  1. A.2.1 Introduction
    1. Figure A.2-1: The Applicant’s ESA process
  2. A.2.2 The CER’s Approach to Environmental and Socio-economic Assessment
  3. A.2.3 Scope of the Environmental and Socio-economic Assessment
    1. What is Scoping?
    2. The Applicant’s Role in Scoping
    3. Scope of the assessment and the CER
    4. Guidance – Scope of the Project
    5. Impact Assessment Act Designated Physical Activities
  4. A.2.4 Level of Detail
  5. Table A-1: Circumstances and Interactions Requiring Detailed Biophysical and Socio-economic Information
  6. A.2.5 Description of the Environmental and Socio-economic Setting
    1. Goal
    2. Filing Requirements
    3. Guidance
      1. Study Area
      2. Source of Baseline Information
      3. Identifying Need for Detailed Biophysical and Socio-economic Information
      4. Gender-based analysis plus (GBA+)
  7. A.2.6 Effects Assessment
    1. Goal
    2. A.2.6.1 Identification and Analysis of Effects
      1. Filing Requirements – Identification and Analysis of Effects
      2. Guidance – Identification and Analysis of Effects
        1. Spatial and Temporal Boundaries
        2. Analysis
        3. Effects Assessment for Accidents and Malfunctions
        4. Abandonment, Deactivation, and Decommissioning
        5. Post-Abandonment
    3. A.2.6.2 Mitigation Measures
      1. Filing Requirements – Mitigation Measures
      2. Guidance – Mitigation Measures
        1. Mitigation Options
        2. Construction Methods
        3. Environmental Protection Plan (EPP)
        4. Draft EPP
        5. Final EPP
        6. Variances to the EPP
        7. Waste Management Plan
        8. Mitigation for Potential Effects of Accidents and Malfunctions
    4. A.2.6.3 Evaluation of Significance
      1. Filing Requirements – Evaluation of Significance
      2. Guidance – Applicant’s Evaluation of Significance
  8. A.2.7 Cumulative Effects Assessment
    1. Goal
    2. A2.7.1 Scoping and Analysis of Cumulative Effects
      1. Filing Requirements – Scoping and Analysis of Cumulative Effects
      2. Guidance – Scoping and Analysis of Cumulative Effects
        1. Cumulative Effects Assessment
        2. Other Physical Facilities or Activities
    3. A.2.7.2 Mitigation Measures for Cumulative Effects
      1. Filing Requirements – Mitigation Measures for Cumulative Effects
      2. Guidance – Mitigation Measures for Cumulative Effects
    4. A.2.7.3 Applicant’s Evaluation of Significance of Cumulative Effects
      1. Filing Requirements – Applicant’s Evaluation of Significance of Cumulative Effects
      2. Guidance – Applicant’s Evaluation of Significance of Cumulative Effects
  9. A.2.8 Inspection, Monitoring, and Follow-up
    1. Goal
    2. Filing Requirements
    3. Guidance
    4. Revisions to Applicant Plans and Programs
  10. Table A-2: Filing Requirements for Biophysical Elements
  11. Table A-3: Filing Requirements for Socio-economic Elements
A.3 – Economics and Financing

A.3 – Economics and Financing

  1. Table A-4: Filing Requirements for Economics and Financing
  2. A.3.1 Supply
    1. Goal
    2. Filing Requirements
    3. Guidance
      1. Product Description
      2. Resources
      3. Competitiveness
      4. Productive Capacity
      5. Contractual Arrangements
  3. A.3.2 Transportation Matters
    1. Goal
    2. Filing Requirements
      1. Pipeline Capacity
      2. Throughput
    3. Guidance
      1. Pipeline Capacity
      2. Contractual Arrangements
      3. Projected Throughput
      4. Commodity Integrity on Multi-Product Pipelines (where applicable)
  4. A.3.3 Markets
    1. Goal
    2. Filing Requirements
    3. Guidance
      1. Description of the Market
      2. Ability of Upstream and Downstream Facilities to Accept Incremental Volumes
      3. Table A-5: Overview of Supply, Transportation and Markets Filing Requirements
  5. A.3.4 Financing and Financial Resources
    1. Goal
    2. Filing Requirements
    3. Guidance
      1. Finance Information
      2. Ownership Structure
      3. Financial Resources
      4. Toll Details
      5. Abandonment Funding Information
  6. A.3.5 Non-CER Regulatory Facility Approvals
    1. Goal
    2. Filing Requrements
    3. Guidance
A.4 – Lands Information

A.4 – Lands Information

  1. A.4 – Lands Information
    1. Goal
    2. A.4.1 Filing Requirements – Land Areas
      1. Guidance – Land Areas
    3. A.4.2 Filing Requirements – Land Rights
      1. Guidance – Land Rights
      2. Alternative Dispute Resolution (ADR)
    4. A.4.3 Filing Requirements – Lands Acquisition Process
      1. Guidance – Lands Acquisition Process
    5. A.4.4 Filing Requirements – Land Acquisition Agreements
      1. Guidance – Lands Acquisition Agreements
    6. A.4.5 Filing Requirements – s. 322 Notices
      1. Guidance – s. 322 Notices
        1. Notice
        2. Exemption from s. 199 of the CER Act
        3. S. 214 Application Conditions
        4. Lands not Acquired
    7. A.4.6 Filing Requirements – s. 214 Application to Address a Complaint
Guide B – Abandonment Funding and Applications to Abandon

Guide B – Abandonment Funding and Applications to Abandon

  1. B.1 Funding for Abandonment
    1. Goal
    2. B.1.1 Filing Requirements for Cost Estimates
    3. B.1.2 Filing Requirements for Protection of Funds
      1. B.1.2.1 Trusts
      2. B.1.2.2 Letter of Credit
      3. B.1.2.3 Surety Bond
    4. B.1.3 Filing Requirements for Regular Reporting
  2. B.2 Applications to Abandon (CER Act subsection 241(1) and OPR section 50)
    1. Goal
    2. B.2.1 Notice of Proposed Abandonment
      1. Filing Requirements
      2. Guidance
    3. B.2.2 Application to Abandon a Pipeline
      1. Filing Requirements
        1. General
        2. Engineering
        3. Guidance – Engineering
        4. Environmental and Socio-economic Assessment
        5. Guidance – Environmental and Socio-economic Assessment
        6. Engagement
        7. Lands
        8. Economics and Finance
        9. Guidance – Economics and Finance
          1. Abandonment Costs
          2. Liability Exposure
          3. Financing
          4. Provisions for abandoned pipeline monitoring and maintenance activities
          5. Termination of Service
          6. Accounting Treatment
    4. B.2.3 Reference documents – physical and technical issues related to abandonment
  3. B.3 Applications to Access Funds from the Trust to Fund Abandonment
    1. Goal
    2. Filing Requirements to Access Funds from a Trust
  4. Table B-1: Pipelines – Comparison of predicted effects from Abandoning in place and removal
  5. Table B-2: Environmental and Socio-Economics Interactions Table
Guide C – Protection of Pipelines From Ground Disturbance, Facility Construction, Crossings and Mining Operations (CER Act s. 335 and s. 338)

Guide C – Protection of Pipelines From Ground Disturbance, Facility Construction, Crossings and Mining Operations (CER Act s. 335 and s. 338)

  1. C.1 Ground Disturbance, Facility Construction and Crossings Near Pipelines (CER Act s. 335, Canadian Energy Regulator Damage Prevention Regulations – Authorizations)
    1. Goal
    2. Filing Requirements
      1. Construction of facilities across pipelines and activities causing ground disturbance
      2. Crossing pipelines with vehicles and mobile equipment
    3. Guidance
      1. Construction of facilities across pipelines and activities causing ground disturbance
      2. Crossing pipelines with vehicles and mobile equipment
        1. Crossing along a travelled portion of a highway or public road
        2. Crossing with vehicles for agricultural activity
      3. Multiple Activities
      4. Filing an Application
  2. C.2 Protection of Pipelines from Mining Operations (CER Act s. 338)
    1. Goal
    2. Filing Requirements
    3. Guidance
Guide D – Deviations (CER Act s. 45)

Guide D – Deviations (CER Act s. 45)

  1. Goal
  2. D.1 Filing Requirements – Lands
  3. D.2 Filing Requirements – Environment and Socio-economic Assessment
Guide E – Change in Class Location (OPR s. 42)

Guide E – Change in Class Location (OPR s. 42)

  1. Goal
    1. Identifying Assessment and Filing Requirements
  2. E.1 Primary Assessment
    1. Filing Requirements
  3. E.2 Determining the Suitability for Continued Service
    1. Filing Requirements for a Valve Spacing Analysis
    2. Filing Requirements for an Engineering Assessment
  4. E.3 Long Term and Interim Corrective and Mitigative Measures
    1. Filing Requirements
Guide F – Change of Service or Increase in Maximum Operating Pressure (OPR s. 43)

Guide F – Change of Service or Increase in Maximum Operating Pressure (OPR s. 43)

  1. Goal
  2. F.1 Filing Requirements – Engineering
  3. F.2 Filing Requirements – Environment and Socio-economic Assessment
  4. F.3 Filing Requirements – Economics and Finance
  5. Guidance
    1. Engineering
    2. Environment
Guide G – Deactivation (OPR s. 44)

Guide G – Deactivation (OPR s. 44)

  1. Goal
  2. G.1 Filing Requirements – Engineering
  3. G.2 Filing Requirements – Environment and Socio-economic Assessment
  4. G.3 Filing Requirements – Economics
  5. Guidance
    1. Engineering
    2. Environmental and Socio-economic Effects
Guide H – Reactivation (OPR s. 45)

Guide H – Reactivation (OPR s. 45)

  1. Goal
  2. H.1 Filing Requirements – Engineering
  3. H.2 Filing Requirements – Environment and Socio-economic Assessment
  4. H.3 Filing Requirements – Economics
  5. Guidance
    1. Engineering
    2. Environmental and Socio-economic Effects
Guide I – Processing Plants: Deactivation and Reactivation (PPR s. 42 and s. 43)

Guide I – Processing Plants: Deactivation and Reactivation (PPR s. 42 and s. 43)

  1. Goal
  2. I.1 Deactivation
    1. I.1.1 Filing Requirements – Engineering
    2. I.1.2 Filing Requirements – Environment and Socio-economic Assessment
    3. I.1.3 Filing Requirements – Economics
  3. I.2 Reactivation
    1. I.2.1 Filing Requirements – Engineering
    2. I.2.2 Filing Requirements – Environment and Socio-economic Assessment
    3. I.2.3 Filing Requirements – Economics
  4. Guidance
    1. Environmental and Socio-economic Effects
Guide J – Commodity Pipeline Systems

Guide J – Commodity Pipeline Systems

Guide K – Decommissioning

Guide K – Decommissioning

  1. K.1 Decommissioning a Pipeline
    1. Goal
    2. Filing Requirements
      1. General
      2. Guidance – General Requirements
      3. Engineering
      4. Guidance – Engineering
      5. Environmental and Socio-economic Assessment
      6. Guidance – Environmental and Socio-economic Assessment
      7. Engagement
      8. Lands
      9. Economics and Finance
        1. Decommissioning Costs
        2. Liability Exposure
        3. Financing
        4. Accounting
    3. K.2 Applications to Access Funds from the Trust to Fund Abandonment
      1. Next Steps
      2. Table 1: Environmental and Socio-Economics Interaction
Guide L – Early Engagement Guide

Guide L – Early Engagement Guide

Chapter 5 – Applications not for Physical Projects

Chapter 5 – Applications not for Physical Projects

Guide N – Applications to Review, Rescind or Rehear

Guide N – Applications to Review, Rescind or Rehear

  1. Goal
  2. Filing Requirements
  3. Guidance
Guide O – Variance Applications and Project Updates

Guide O – Variance Applications and Project Updates

  1. Goal
  2. O.1 Changes to the Name of a Holder of a Certificate, License, Permit, or Order
    1. O.1.1 Filing Requirements for transfer of ownership, lease, or amalgamation pursuant to section 181 of the CER Act
      1. Guidance
    2. O.1.2 Filing Requirements for Corporate Name Changes (without a change in ownership, lease, or amalgamation) pursuant to section 181 of the CER Act
      1. Guidance
  3. O.2 Variances
    1. Filing Requirements
    2. Guidance
      1. Examples of substantive changes that require a variance application
        1. General
        2. Engineering
        3. Environment
        4. Soci-Economic
        5. Rights of Indigenous peoples
  4. O.3 Project Updates
    1. Guidance
      1. Examples of non-substantive changes (i.e., project updates) that do not require a variance application
        1. General
        2. Engineering
  5. O.4 Changes to Conditions
Guide P – Tolls and Tariffs (ss. 225-240 of CER Act)

Guide P – Tolls and Tariffs (ss. 225-240 of CER Act)

  1. Level of Detail
  2. Definitions
  3. Goal
  4. P.1 Cost of Service
    1. Filing Requirements
    2. Guidance
      1. Major Cost Category Information
      2. Abandonment Funding
      3. Foreign Currency
      4. Transactions Involving an Affiliate
  5. P.2 Rate Base
    1. Filing Requirements
    2. Guidance
  6. P.3 Financial Statements
    1. Filing Requirements
    2. Guidance
  7. P.4 Cost of Capital
    1. Filing Requirements
  8. P.5 Tolls and Tariffs
    1. Filing Requirements
    2. Guidance
  9. P.6 Regulation of the Traffic, Tolls and Tariffs of Group 2 Companies
    1. Tolls and Tariffs
    2. Accounting Requirements and Financial Reporting
  10. P.7 Abandonment Costs
    1. Filing Requirements
Guide Q – Export and Import Authorizations (ss. 344-347 of the CER Act and Associated Regulations)

Guide Q – Export and Import Authorizations (ss. 344-347 of the CER Act and Associated Regulations)

  1. Introduction
  2. Filing Requirements
Guide R – Transfer of Ownership, Lease or Amalgamation (CER Act s. 181)

Guide R – Transfer of Ownership, Lease or Amalgamation (CER Act s. 181)

  1. Goal
  2. Filing Requirements
  3. Guidance
    1. Circumstances of Application
      1. CER Regulated to CER Regulated
      2. Non-CER Regulated to CER Regulated
      3. CER Regulated to Non-CER Regulated
    2. Transaction Details
    3. New Owner Information
    4. Maps
    5. Long-Term Use
    6. Changes
    7. Abandonment Funding
Guide S – Access on a Pipeline (CER Act s. 239)

Guide S – Access on a Pipeline (CER Act s. 239)

  1. Goal
  2. Filing Requirements
  3. Guidance
Guide T – Leave to Open (CER Act s. 213)

Guide T – Leave to Open (CER Act s. 213)

  1. Goal
  2. Filing Requirements
  3. Guidance
Guide U – Information Filed Respecting Plan, Profile, Book of Reference and Notices (CER Act s. 199 and s. 201)

Guide U – Information Filed Respecting Plan, Profile, Book of Reference and Notices (CER Act s. 199 and s. 201)

  1. Goal
  2. U.1 Plan, Profile, Book of Reference (PPBoR)
    1. Filing Requirements
    2. Guidance
  3. U.2 Section 201 Notices
    1. Filing Requirements
    2. Guidance
      1. Detailed Route Hearing
  4. U.3 Application to Correct a PPBoR Error (CER Act s. 208)
    1. Goal
    2. Filing Requirements
    3. Guidance
Guide V – Right-of-Entry Application (CER Act s. 324)

Guide V – Right-of-Entry Application (CER Act s. 324)

  1. Goal
  2. Filing Requirements
  3. Guidance
Guide W – Requirements for Substituted Service Applications

Guide W – Requirements for Substituted Service Applications

  1. Goal
  2. Filing Requirements
  3. Guidance

 

Chapter 6 – Non-Application Information Filings

Chapter 6 – Non-Application Information Filings

Guide AA – Post Certificate or Order Requirements

Guide AA – Post Certificate or Order Requirements

  1. Goal
  2. AA.1 Filing Requirements – Engineering and Technical
    1. Pipe Joining Program
    2. Pressure Testing and Leave to Open
    3. Construction Safety Manual
    4. Emergency Procedures Manual
    5. Gas Processing, Sulphur or LNG Plant Facilities
  3. AA.2 Filing Requirements – Post Construction Environmental Monitoring Reports
    1. Guidance
      1. Report Content
      2. Biophysical and Socio-economic Elements
        1. Table AA-1: Specific Information for Biophysical and Socio-economic Elements
      3. Summary Tables – Examples
        1. Table AA-2: Example of a Summary Table of Outstanding Issues
        2. Table AA-3: Example of a Summary Table of Discussions Regarding Outstanding Issues
Guide BB – Financial Surveillance Reports (Toll Information Regulations)

Guide BB – Financial Surveillance Reports (Toll Information Regulations)

  1. Goal
  2. BB.1 Financial Surveillance Reporting Requirements for Group 1 Companies
    1. Filing Requirements
      1. Table BB-1: Variance Reporting Thresholds for Group 1 Companies
    2. Guidance
  3. BB.2 Traffic Data
    1. Filing Requirements
  4. BB.3 Financial Surveillance Reporting for Group 2 Companies
  5. BB.4 Integrity Spending
    1. Filing Requirements
      1. Schedules 1 to 5 – Income Summary, Average Rate Base, Deferral Accounts, Historical annual integrity spending ($), and Integrity spending for 2017 to later years ($)
Guide CC – Import and Export Reporting Requirements

Guide CC – Import and Export Reporting Requirements

  1. CC.1 Gas other than Propane, Butanes and Ethane Reporting
    1. Goal
    2. Filing Requirements
  2. CC.2 Propane and Butanes Reporting
    1. Goal
    2. Filing Requirements
  3. CC.3 Ethane Reporting
    1. Goal
    2. Filing Requirements
  4. CC.4 Oil Reporting
    1. Goal
    2. Filing Requirements
    3. Guidance
Chapter 7 – Referenced Documents

Chapter 7 – Referenced Documents

  1. Canada Energy Regulator Act
  2. Abandonment Funding and Planning
Appendix 1 Filing Manual Checklists

Appendix 1 Filing Manual Checklists

  1. Chapter 3 – Common Information Requirements
  2. Chapter 4 – Sections 4.1 and 4.2: Common Requirements for Physical Projects
  3. Guide A – A.1 Engineering
  4. Guide A – A.2 Environment and Socio-economic Assessment
  5. Guide A – A.3 Economics and Financing
  6. Guide A – A.4 Lands Information
  7. Guide B – Abandonment Funding and Applications to Abandon
  8. Guide C – Protection of Pipelines from Ground Disturbance, Facility Construction, Crossings and Mining Operations
  9. Guide D – Deviations
  10. Guide E – Change in Class Locations
  11. Guide F – Change of Service or Increase in Maximum Operating Pressure
  12. Guide G – Deactivation
  13. Guide H – Reactivation
  14. Guide I – Processing Plants: Deactivation and Reactivation
  15. Guide K – Decommissioning
  16. Guide O – Review, Rehearing or Variance Applications
  17. Guide P – Tolls and Tariffs
  18. Guide Q – Export and Import Authorizations
  19. Guide R – Transfer of Ownership, Lease or Amalgamation
  20. Guide S – Access on a Pipeline
  21. Guide T – Leave to Open
  22. Guide U – Information Filed Respecting Plan, Profile, Book of Reference (PPBoR) and Notices
  23. Guide V – Right of Entry Applications
  24. Guide W – Requirements for Substituted Service Applications
List of Tables

List of Tables

  1. Chapter 2 – Table 2-1: Sections of CER Act and Regulations Requiring Applications
  2. Chapter 3 – Table 3-1: Other Potential Federal Contacts
  3. Chapter 4 – Guide A – Section 2 – Table A-1: Circumstances and Interactions Requiring Detailed Biophysical and Socio-economic Information
  4. Chapter 4 – Guide A – Section 2 – Table A-2: Filing Requirements for Biophysical Elements
  5. Chapter 4 – Guide A – Section 2 – Table A-3: Filing Requirements for Socio-economic Elements
  6. Chapter 4 – Guide A – Section 3 – Table A-4: Filing Requirements for Economics and Financing
  7. Chapter 4 – Guide A – Section 3 – Table A-5: Overview of Supply, Transportation and Markets Filing Requirements
  8. Chapter 4 – Guide B – Section 3 – Table B-1: Pipelines: Comparison of predicted effects from Abandoning in place and removal
  9. Chapter 4 – Guide B – Section 3 – Table B-2: Environmental and Socio-Economics Interactions
  10. Chapter 4 – Guide K – Table K-1: Environmental and Socio-Economics Interactions
  11. Chapter 6 – Guide AA – Table AA-1: Specific Information for Biophysical and Socio-economic Elements
  12. Chapter 6 – Guide AA – Table AA-2: Example of a Summary Table of Outstanding Issues
  13. Chapter 6 – Guide AA – Table AA-3: Example of a Summary Table of Discussions Regarding Outstanding Issues
  14. Chapter 6 – Guide BB – Table BB-1: Variance Reporting Thresholds for Group 1 Companies Filing Guide BB.1 Surveillance Reports
List of Figures

List of Figures

  1. Figure 2-1: CER Filing Manual Flowchart
  2. Figure A.2-1: The Applicant’s ESA process
  3. Figure E-1: CER Filing Manual Guide E Filing Requirements to be submitted to the CER for review within six months after the change of class location occurred.
Glossary of Terms

Glossary of Terms

Glossary of Terms

Abandon

The permanent cessation of the operation of a pipeline which results in the discontinuance of service.

Abandoned Pipeline

A pipeline, the operation of which has been abandoned with leave of the Commission as required by s. 241(1) of the Canadian Energy Regulator Act, and that remains in place.

Accountable Officer

Person appointed as accountable officer under s. 6.2(1) of the Canadian Energy Regulator Onshore Pipeline Regulations [OPR s. 1].

Action Plans

The competent minister is required to prepare one or more action plans based on the recovery strategy for a listed species. The action plan or plans and any amendments will be included in the public registry established under the Species at Risk Act.

Adverse Effect

The impairment of or damage to the environment or the health of humans, or damage to property or loss of reasonable enjoyment of life or property.

Allowance for Funds Used During Construction (AFUDC)

An amount allowed to be included in the construction costs of a project or the cost of funds used during the period of construction when a utility undertakes to construct its own facilities.

Baseline Information

The state of the environment, or environmental or socio-economic setting for a particular element providing a reference point for the element, with which to compare future conditions, and potential project effects.

Base Year

A period, usually a calendar year, of the most recent twelve consecutive months of actual data.

Booked Amount

The final amount recorded in the appropriate account under the Gas Pipeline Uniform Accounting Regulations or the Oil Pipeline Uniform Accounting Regulations.

Commission

The Commission of comprised of up to seven full-time Commissioners and may also include part-time Commissioners. The Commission makes regulatory decisions as set out in the Canadian Energy Regulator Act and other legislation.

Contaminant

A substance that is present or released in the environment at an amount, concentration, level or rate that results in or may result in an adverse effect.

Critical Habitat

The habitat that is necessary for the survival or recovery of a listed wildlife species and that is identified as the species’ critical habitat in the recovery strategy or in an action plan for the species [Species at Risk Act s. 2(1)].

Cumulative Effects

Changes to the environment that are caused by an action in combination with other past, present and future human actions (‘Action’ includes projects and activities).

Current Year

The 12-month period, usually a calendar year, preceding the test year. Amounts for a current year would usually involve data for a portion of the year and estimated data for the rest of the year.

Deleterious Substance

(a) any substance that, if added to any water, would degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water; or

(b) any water that contains a substance in such quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any other water, degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water [Fisheries Act s. 34(1)].

Designated Project

A project designated under the Physical Activities Regulations as a physical activity requiring a federal impact assessment under the Impact Assessment Act

Easement

An agreement under which a company acquires the right to use the land for the pipeline or powerline. It is a written contract that sets out the rights of the company and rights of the landowner for the use of the right of way.

Environmental Effect

In respect of a project, any change that a project may cause to a bio-physical element found in Table A-2, and any effect of any such change on a socio-economic element (See definition of Socio-economic effect).

Environmentally Sensitive Area

An area designated in regional or local land use plans, or by a local, regional, provincial or federal government body as being sensitive to disturbance or identified by an applicant as being sensitive for some reason.

Federal Lands

Under s. 82 of the Impact Assessment Act, the CER must make a significance determination for any projects on federal lands. The Impact Assessment Act defines federal lands as:

  1. (a)  lands that belong to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above those lands, other than lands under the administration and control of the Commissioner of the Yukon, Northwest Territories or Nunavut;
  2. (b) the following lands and areas:
    1. the internal waters of Canada, in any area of the sea not within a province,
    2. the territorial sea of Canada, in any area of the sea not within a province,
    3. the exclusive economic zone of Canada, and
    4. the continental shelf of Canada; and
  3. (c) reserves, surrendered lands and any other lands that are set apart for the use and benefit of a band and that are subject to the Indian Act, and all waters on and airspace above those reserves or lands.

Fee Simple Owner

The person or legal entity that is in the legal possession of land. Usually it is the person named on the title.

Fish

Includes (a) parts of fish, (b) shellfish, crustaceans, marine animals and any parts of shellfish, crustaceans or marine animals, and (c) the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals [Fisheries Act s. 2(1)].

Fish Habitat

Means water frequented by fish and any other areas on which fish depend directly or indirectly to carry out their life processes, including spawning grounds and nursery, rearing, food supply and migration areas [Fisheries Act s. 2(1)].

Group 1 and Group 2 Companies

In 1985, for financial regulatory purposes, the National Energy Board divided the pipeline companies under its jurisdiction into two groups: Group 1 companies with more extensive systems; and Group 2 companies that operate smaller systems.

Heritage Resources

Cultural, historic, archaeological and paleontological resources are collectively known as heritage resources and can include pre-contact and post-contact features.

Human Health

A state of complete physical, mental and social well-being, and the ability to adapt to the stresses of daily life; it is not merely the absence of disease or infirmity.

Human Health Assessment

Considers the effect of hazardous substances, environmental factors and exposure conditions on local and regional populations. It may consist of qualitative and quantitative assessments

Indigenous

Includes the First Nations, Inuit and Métis peoples of Canada.

Management Systems

The management system set out in ss. 6.1 to 6.6 of the Canadian Energy Regulator Onshore Pipeline Regulations [OPR s. 1].

Migratory Bird

Includes the sperm, eggs, embryos, tissue cultures and parts of the bird [Migratory Birds Convention Act, 1994 s. 2(1)].

Mitigation

In respect of a project, the elimination, reduction or control of the adverse environmental effects of the project, and includes restitution for any damage to the environment caused by such effects through replacement, restoration, compensation or any other means.

Monitoring

Activities for resolving specific outstanding environmental issues, observing the potential environmental effects of a project, assessing the effectiveness of mitigation measures undertaken, identifying unanticipated environmental issues and determining the action required based on the result of these activities.

Navigable Water or Waterway

Includes a canal and any other body of water created or altered as a result of the construction of any work. As well, a navigable water is considered as any body of water capable, in its natural state, of being navigated by floating vessels of any description for the purpose of transportation, recreation or commerce, and may also be a human-made feature such as a canal or reservoir.

Navigation

Use of a vessel for transportation, recreation, or commerce on a navigable waterway.

Owner

For the purposes of ss. 320 to 334 of the Canadian Energy Regulator Act, the ‘owner’ is not restricted to the fee simple owner or to freehold landsFootnote 1. In this regard, an owner may include any interest in, or possession of land, such as the fee simple owner, Indigenous title, the administrators of crown and public lands and occupants of land. The interest held may be registered or unregistered.

With respect to ss. 199 and 201 of the Canadian Energy Regulator Act, the owner of lands includes the fee simple owner and may also include any other interest held in the land, as described above. When determining the owners of lands required for the project, the applicant should consider all potential owners of the lands required and implement its notification and acquisition processes pursuant to the Act.

Physical Project

Applications being of a physical nature including those applications required by the Canadian Energy Regulator Onshore Pipeline Regulations and the Canadian Energy Regulator Processing Plant Regulations as well as some pursuant to the Canadian Energy Regulator Act.

Pipeline

A line that is used or to be used for the transmission of oil, gas or any other commodity and that connects a province with any other province or provinces or extends beyond the limits of a province or the offshore area as defined in s. 368 of the Canadian Energy Regulator Act, and includes all branches, extensions, tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio and real and personal property and works connected therewith, but does not include a sewer or water pipeline that is used or proposed to be used solely for municipal purposes [Canadian Energy Regulator Act s. 2].

Plant Account

An account listed in either Schedule IV of the Gas Pipeline Uniform Accounting Regulations or Schedule II of the Oil Pipeline Uniform Accounting Regulations, as appropriate.

Processing Plant

A plant used for the processing, extraction or conversion of fluids and all structures located within the boundaries of the plant, including compressors and other structures integral to the transportation of fluids. [Canadian Energy Regulator Processing Plant Regulations s. 1]

Rate Base

The net cost of investment on which an applicant expects to earn a return for a given test year.

Reclamation

The process of re-establishing a disturbed site to a former or other productive use, not necessarily to the same condition that existed prior to disturbance. The land capability may be at a level different (i.e., lower or higher) than that which existed prior to the disturbance, depending on the goal of the process. Reclamation includes the management of a contaminated site and revegetation where necessary. Reclamation is not considered complete until the goals for reclamation have been achieved.

Recovery Strategy

A strategy for the recovery of a listed extirpated, endangered or threatened species prepared by the competent minister (as defined under the Species at Risk Act, s. 2(1)). If the recovery of the listed species is feasible, the recovery strategy must address the threats to the survival of the species identified by the Committee for the Status of Endangered Wildlife in Canada, including any loss of habitat. The recovery strategy and any amendments will be included in the public registry established under the Species at Risk Act.

Regulated Entity

An economic unit operating a pipeline and subject to oversight by a regulatory body having jurisdiction.

Residual Effects

Effects that are present after mitigation is applied.

Right of Entry

The right of access to, and use of, land surface.

Right-of-Entry Order

An order by the Commission of the Canada Energy Regulator made under the Canadian Energy Regulator Act granting a company access to, and use of, a defined portion of land for the purposes as set out in the order.

Right of Way (RoW)

The strip of land acquired for which a company has obtained the rights for the construction and operation of the pipeline or powerline.

Socio-economic Effect

In respect of a project, any effect on a socio-economic element found in Table A-3, including effects resulting from a change in the environment (see definition of Environmental Effect).

Species at Risk

A federally-listed extirpated, endangered or threatened species or a species of special concern [Species at Risk Act s. 2(1)].

Species of Special Status

Species listed under provincial jurisdiction or of recognized importance because they are vulnerable, threatened, endangered or extirpated.

Study Area

The area within the spatial boundaries of the scope of the environmental and socio-economic effects assessment. Since the spatial boundaries of the assessment may vary with different biophysical and socio-economic elements, the study area may also vary.

Test Year

A future 12-month period, usually a calendar year, when the new tolls would be in effect.

Traditional Territory

Area where an Indigenous community has claimed or asserted the right to use the land for traditional purposes such as hunting, fishing, trapping, gathering or spiritual activities. One or more Indigenous communities may claim the same lands as their traditional territory.

Valued Ecosystem Component (VEC)

Resources or environmental features that have all or some of the following features:

  • importance to local human populations;
  • regional, national or international profiles; or
  • if altered from their existing status will be important in evaluating the impacts of development or human actions, and in focusing management or regulatory policy.

Valued Socio-cultural Component (VSC)

Cultural, social, economic or health aspects of the study population that, if affected by the project, would be of concern to local human populations or government regulators.

Water Body

A water body, including a canal, reservoir, an ocean and a wetland, up to the high-water mark, but does not include a sewage or waste treatment lagoon or mine tailings pond.

Wetlands

Land where the water table is at, near, or above the surface, or which is saturated for a long enough period to promote wetland or aquatic processes as indicated by wet-altered soils, water tolerant vegetation and various kinds of biological activity which are adapted to a wet environment. Wetlands include organic wetlands or “peatlands”, and mineral wetlands or mineral soil areas that are influenced by excess water, but produce little or no peat.

List of Abbreviations

List of Abbreviations

List of Abbreviations

ADR

Alternative Dispute Resolution

AFUDC

allowance for funds used during construction

bbl

barrel

oC

degrees Celsius

CCME

Canadian Council of Ministers of the Environment

CER

Canada Energy Regulator

CER Act

Canadian Energy Regulator Act

cf

cubic feet

cf/d

cubic feet per day

CIF

cost, insurance and freight

CSA

Canadian Standards Association

CSA Z662

Canadian Standards Association Standard Z662, Oil and Gas Pipeline Systems latest version as amended from time to time

DOC

Depth of Cover

DFO

Fisheries and Oceans Canada

DPR – Authorizations

Canadian Energy Regulator Damage Prevention Regulations – Authorizations

ESA

environmental and socio-economic assessment

EPP

environmental protection plan

GPUAR

Gas Pipeline Uniform Accounting Regulations

G/OPUAR

Gas/Oil Pipeline Uniform Accounting Regulations

H2S

hydrogen sulfide

IA Act

Impact Assessment Act

IAAC

Impact Assessment Agency of Canada

ISO

International Organization for Standardization

kPa

kilopascals

LNG

liquefied natural gas

cubic metre

MJ/m³

megajoules per cubic metre

MOP

maximum operating pressure

MPa

megapascals

NEB

National Energy Board. On August 28, 2019 the NEB became the Canada Energy Regulator.

NEB Act National Energy Board Act

NGL

natural gas liquids

NO2

nitrogen oxide

NPRI

National Pollutant Release Inventory

O3

ozone

OPR

Canadian Energy Regulator Onshore Pipeline Regulations

OPUAR

Oil Pipeline Uniform Accounting Regulations

Part VI Regulations

National Energy Board Act Part VI (Oil and Gas) Regulations

Post-construction report

post-construction environmental monitoring report

PPBoR

plans, profiles and books of reference

PPR

Canadian Energy Regulator Processing Plant Regulations

QA

quality assurance

Reporting Regulations

National Energy Board Export and Import Reporting Regulations

RoW

Right of Way

Rules

National Energy Board Rules of Practice and Procedure, 1995

SARA

Species at Risk Act

SCADA

supervisory control and data acquisition

SI

International System of Units

SO2

sulphur dioxide

UTM

Universal Transverse Mercator

VEC

Valued Ecosystem Component

VSC

Valued Socio-cultural Component

Valued Component

VEC and VSC

106

million

109

billion

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