Public Comment Period on Proposed Updates to Guide R of the Filing Manual: Transfer of Ownership, Lease or Amalgamation
Regulatory Context
The initiative is to update the Filing Manual section Guide R: Transfer of Ownership, Lease or Amalgamation to be in line with recent Commission decisions and the current processes for assessing transfer of ownership applications. There is an associated Transfer of Ownership Form, which companies are recommended to use when applying for transfers of ownership, lease, or amalgamation, which is also being updated.
Public Comment Opportunity
The purpose of this note is to announce a 45-day public comment period from 21 October to 6 December 2024 on the proposed technical revisions affecting Filing Manual Guide R (Transfer of Ownership, Lease or Amalgamation). A feedback page has been created on the CER website, providing links to the draft revised Guide R, and a version tracking the proposed changes.
Proposed updates
The changes to Guide R of the Filing Manual and the Change in Ownership form include the following:
- Addition of Financial Resource Requirements to the guidance. Financial Resources are required by all companies operating pipelines regulated by the CER. This existing requirement is being formalized in Guide R for the first time. The information about Financial Resource Requirements is currently obtained through information requests.
- Greater detail regarding companies’ abandonment funding obligation. All companies with pipelines regulated by the CER are required to provide funds for abandonment.
- Additional guidance on amalgamations, specifically formalizing which company should apply (all companies with CER-regulated assets); and providing specific direction that the application should happen before the transaction takes place.
- Additional guidance on information to be provided in the instance where a facility is leaving the CER’s jurisdiction, for the purpose of granting leave to purchase, including:
- contact information regarding the purchaser;
- information on the purchaser’s financial capacity to operate the facilities; and
- confirmation that the regulator who would gain jurisdiction over the facilities has been notified.
In addition, there are administrative edits for clarity and consistency.
We need your input
The CER welcomes written feedback regarding the proposed updates to Guide R during the comment period ending 6 December 2024, via the feedback page at: Filing Manual Updates.
Please contact filingmanual@cer-rec.gc.ca if you would like to request a meeting to discuss your feedback or concerns.
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