History of Filing Manual Updates

Filing Manual Updates

Revisions to Filing Manual: Greenhouse Gas Emissions and Climate Change affecting Table A-2, Table A-4, and section A.2.9, with new Supplemental Guidance.

Filing Manual Updates

Guide O (Variances and Project Updates), Guide N (Review, Rescind, or Rehear), section 1.5 (Confidential Filing), section A.3.1 (Supply), section A.3.3 (Markets), and Electricity Filing Manual section 1.4 (Confidential Filing) extensively revised after public comment period. Minor update to B.2.1 Notice of Proposed Abandonment guidance. Minor edits to improve consistency of Filing Requirements formatting.

Minor edits to improve consistency of Filing Requirements formatting.

• Filing Manual – Guide O – Variance Applications and Project Updates
• Filing Manual – Guide N – Applications to Review, Rescind or Rehear
• Filing Manual – Chapter 1 – Introduction – 1.5 Confidential Filing
• Filing Manual – Guide A – Facilities Applications – A.3.1 Supply
• Filing Manual – Guide A – Facilities Applications – A.3.3 Markets
• Filing Manual – Guide B – Abandonment – B.2.1 Notice of Proposed Abandonment

Filing Manual Update – Mailing Address

CER mailing address updated to numeric in all occurrences, i.e., 210-517 10 Ave SW Calgary AB  T2R 0A8

• Filing Manual – Chapter 1 – 1.9 Updates

Filing Manual Update – New Guide B (Abandonment) and Guide K (Decommissioning) published.

The revised Guides B and K have been published on the CER website and are now in effect.

• Filing Manual – Guide B – Abandonment
• Filing Manual – Guide K – Decommissioning (section 45.1 of the OPR)

Filing Manual Update – Guide B (pipeline abandonment) and Guide K (pipeline decommissioning)

The CER is updating various sections of its Filing Manuals to reflect changing requirements, conditions, regulations, industry practices, and feedback received from regulated companies, Indigenous Peoples and other interested persons or groups.

If you wish to provide comments or suggest edits directly on the draft documents, download and mark-up a pdf via the links below, and email it along with any other comments to: filingmanual@cer-rec.gc.ca. Emailed comments without pdfs also welcome.

• Proposed updates to Filing Manuals

Filing Manual and Filing Manual – Electricity Revision

The Canada Energy Regulator Filing Manual (Filing Manual) and Canada Energy Regulator Electricity Filing Manual (Electricity Filing Manual) have been revised to reflect nomenclature and legislative references introduced by the Canadian Energy Regulator Act. In addition, the filing requirements described in the 22 August 2019 Interim Filing Guidance and Early Engagement Guide, the 6 January 2020 Filing Manual Revision 2020-01, and in Environment and Climate Change Canada’s July 2020 Strategic Assessment of Climate Change have been integrated into the revised manuals.

• Canada Energy Regulator Letter

Filing Manual Revision 2020-01

• Replacement of Guide E – replace all pages behind tab Guide E
• These revised guidelines detail the CER’s expectation that companies report any change in class location to a higher designation and submit the proposed plan to deal with the change to the CER. Companies are to use the class location change notification module under the OPR section of the Online Event Reporting System for the submission.

Revision of Guide E of the Filing Manual for OPR Section 42 – Change in Class Location: The Guide E revision details the information the Canada Energy (CER) expects to see addressed when filing a change in class location.

• Canada Energy Regulator Letter
• History of Filing Manual Updates

Filing Manual Revision 2017-01

Note: With this release, the Filing Manual has been updated to:

1. Glossary of Terms
   • Update Navigable Water or Waterway footnote
2. Chapter 1 Introduction
   • Revise guidance related to the confidential filing of Emergency Procedures Manuals 3.
3. Chapter 3 Common Information Requirements
   • Add new guidance for uncommon terms
   • Add new filing requirement and guidance for management systems and related programs
   • Add new guidance for consultations and Emergency Management consultations
4. Guide A Facilities Applications
   • Add new guidance for effects assessments and preparing for and responding to emergencies
   • Update references to CSA Z662
5. Guide R Transfer of Ownership, Lease or Amalgamation
   • Update references to CSA Z662
6. Guide T – Leave to Open
   • Add new filing requirement for pressure testing
7. Guide AA Post Certificate or Order Requirements
   • Revise filing requirement for Emergency Procedures Manuals
8. Chapter 7 Reference Documents
   • Add new orders
9. Appendix 1 Filing Manual Checklists
   • Update Chapter 3 and Guide T checklists

Filing Manual Revision 2016-02

Note: With this release, the Filing Manual has been updated to:

1. Guide BB – Financial Surveillance Reports (Toll Information Regulations)
   • collect data on integrity spending from Group 1 Companies,
   • specify the type and format of traffic data reported to the Board, and
   • reflect current practices regarding pipeline throughput and capacity data and remove no longer used performance data requirements.

Filing Manual Revision 2016-01

Note: With this release, the Filing Manual has been updated to:

• 1. Glossary of Terms
  • Add new term
• 2. List of Abbreviations
  • Add new abbreviation
• 3. Section 2.3 Regulatory Listing
  • Add new guidance
• 4. Section 3.4 Consultation
  • Add new guidance
• 5. Section 4.1 Description of the Project
  • Add new guidance
• 6. Section 4.2 Economic Feasibility, Alternatives and Justification
  • Add new guidance
• 7. Guide A – Facilities Applications
  • Add new guidance
• 8. Guide C – Protection of Pipelines from Ground Disturbance, Facility Construction, Crossings and Mining Operations
  • Add new guidance
  • Delete out of date text (housekeeping)
• 9. Guide K – Decommissioning
  • Add new guidance
• 10. Guide O – Review, Rehearing or Variance Applications
  • Add new guidance
• 11. Guide R – Transfer of Ownership, Lease or Amalgamation
  • Add new guidance
• 12. Chapter 7 – Referenced Documents
  • Add additional references

Filing Manual Revision 2015-01

Note: With this release, the Filing Manual has been updated to:

1. Section A.3.4 – Physical Projects – Financing
   • Add new guidance
2. Guide B – Abandonment
   • Add new guidance
   • Delete out of date text (housekeeping)
3. Guide P.1 – Tolls and Tariffs: Cost of Service
   • Add new guidance.
4. Guide P.7 – Tolls and Tariffs: Abandonment Costs
   • Add new guidance
   • Delete out of date text (housekeeping
5. Guide R – Transfer of Ownership, Lease or Amalgamation
   • Add new guidance
6. Chapter 7 – Referenced Documents – Section on Abandonment Funding and Planning
   • Add additional references

Filing Manual Revision 2014-03

With this release, the Filing Manual has been updated to:

• Amend definition “Traditional Territory”
• Addition of Guide K – Decommissioning

Filing Manual Revision 2014-02

With this release, the Filing Manual has been updated to:

• reflect changes to the Fisheries Act which came into effect 25 November 2013
• additional Filing Manual amendments relating to the repeal of the CEA Act and the new CEAA 2012.
• reflect changes to Regulations Amending the Regulations Designating Physical Activities as amended November 2013
• reflect a policy change by Environment Canada with respect to Wildlife and Wildlife Habitat
• reflect removal of fee simple owners name from PPBoR under Section 34 notices
• reflect housekeeping matters
  • typos corrected
  • Department names updated
  • Publication titles updated
  • Further clarification provided

Filing Manual Revision 2014-01

With this release Chapter 3 has been amended to incorporate the CER’s Draft Expectations for Public Involvement Programs (Draft Expectations); specifically

Chapter 3

• Ensure consistency between the Filing Manual and the CER’s Draft Expectations;
• Reflect an emphasis on management systems (in a manner consistent with CER’s regulatory approach;
• Reorganize and clarify company consultation filing requirements; and
• Alignment with recent legislative changes

Appendix 1
Alignment with Guide P, Section P.4 Cost of Capital

Filing Manual Revision 2013-03

Note: With this release several housekeeping items have been amended; specifically

Guide Q
Removed the existing information as the Part VI Regulations are under review and will be updated. Added new guidance for Natural Gas (including LNG) Export Licences.

Filing Manual Revision 2013-02

Note: With this release several housekeeping items have been amended; specifically

Various
Changes related to navigation and navigation safety have been made to reflect the revised requirements under the National Energy Board Act resulting from the Jobs, Growth, and Long-Term Prosperity Act

Various
Changes related to Management Systems and the five key programs (emergency, integrity, safety, security, and the environment) have been made as a result of the recent National Energy Board Onshore Pipeline Regulations amendments

Guide B
Updated and provided clarity for requirements and guidance regarding abandonment

Filing Manual Revision 2013-01

Note: With this release several housekeeping items have been amended; specifically

Various
Changes have been made to reflect the revised requirements under the Canadian Environmental Assessment Act, 2012 and National Energy Board Act resulting from Jobs, Growth, and Long-Term Prosperity Act

Various
Updated and provided clarity for requirements and guidance regarding fisheries and fisheries related resources

Guide A
Changes have been made to reflect the Board’s updated Streamlining Order

Filing Manual Revision 2012-02

Note: With this release several housekeeping items have been amended; specifically

Various
Incorporate expectations related to abandonment pursuant to Reasons for Decision RH-2-2008

Guide G
clarify when a deactivation must be submitted

Guide A.1
update and revise filing requirements for Engineering Design

Filing Manual Revision 2012-01

Note: With this release several housekeeping items have been amended; specifically

Section A.4.2
addition of Alternative Dispute Resolution

Guide O
correction that information in Guide O applies to both a review and a rehearing

Guide P.4
re-write to reflect current practices as they relate to the assessment of modern applications for cost of capital

Guide P.6
addition of TransCanada Keystone Pipeline GP Ltd. under the Oil and Products Column

Guide R
addition of a requirement to confirm that a copy of certain records have been provided to the new owner of facilities

Guide BB
Definition and use of “affiliate” companies changed from “intercorporate” to “related company”

Filing Manual Revision 2011-02

Note: With this release several housekeeping items have been amended; specifically

List of Abbreviations
clarification to meaning of CSA Z662

Section 1.1
addition of the word security

Section 1.5
re-write of Confidential Filing

Section 1.9
re-write of Security

Section 1.11
clarification and inclusion of reference to “National Energy Board Security Advisory – CER SA 2007-03 Security Sensitive Documents”

Section 2.3
Amendment of Name – Guide Q

Section 4 A.3.3
addition of reference to requirements for the measurement and metering of fluids on pipelines entering or leaving the Province of British Columbia

Guide F
addition of F.1 requirement 3

Guide H
amendment of H.1 requirement 5

Guide Q
amendment of guide name

Chapter 4
Section 4.2 Economic Feasibility, Alternatives and Justification

Replace pages 4-3 and 4-4

Guide A
Guide A.2 Environmental and Socio-economic Assessment

Replace pages 4A-15 through 4A-65 inclusive

Conclusion of Filing Manual Revision – Environmental and Socio-economic Assessment

Appendix 1 – Filing Manual Checklists

Replace pages APP-3 and APP-6 through APP-10 inclusive

Financial Regulation of Pipeline Companies under the Board’s Jurisdiction (17 November 2009) [Filing A23677]

Notice of Changes to Guides P and BB to reflect the 17 November 2009 Financial Regulation Letter

Guide P Tolls and Tariffs (Part IV of CER Act)

Revisions to Additional Information Text Box

• Additional information added to the Text Box regarding the distinction between Group 1 and Group 2 companies and information regarding the contents of new requirements P.6 and P.7.

P.6 Regulation of the Traffic, Tolls, and Tariffs of Group 2 Companies

• New requirement added outlining the regulation of tolls and tariffs, accounting requirements and financial reporting pertaining to Group 2 companies.

P.7 Regulation of the Traffic, Tolls, and Tariffs of Group 2 Companies

• New requirement added outlining filing requirements for information regarding abandonment costs as set out in the RH-2-2008 decision [Filing A21835].

Guide BB Financial Surveillance Reports (Toll Information Regulations)

• New Guide BB.1 regarding financial surveillance reporting for Group 2 Companies added.

Notice – Filing Manual Revisions – Chapter 3 – Common Information Requirements

Revised Filing Manual: Chapter 3 – Common Information Requirements – Letter and Frequently Asked Questions

Chapter 3 – Common Information Requirements

3.3.1 – Principles and Goals of the Consultation Program: Filing Requirements

• Deleted 1, 2, and 3.
• Revised to read: Provide an overview of the company’s consultation philosophy, which should include, but not be limited to:
• the corporate policy or vision with respect to consultation;
• the principles and goals established for the project’s consultation program; and
• a copy of the Indigenous consultation protocol, if established, along with any documented policies and principles for collecting traditional knowledge or traditional use information, if applicable.

3.3.2 – Guidance: Project-specific Consultation Program

• Added the 3^rd bullet: the process by which potentially affected parties can comment to the Board before the Board makes its decision;

3.3.3 – Implementing a Consultation Program: Goal

• Deleted original text.
• Added new text: The application describes the results of the public consultation conducted to-date for the project, in sufficient detail to demonstrate:
  • that all parties potentially affected by the project are aware of: the project, the project application to the Board, and their right to comment to the Board before the Board makes its decision;
  • that those potentially affected by the project have been adequately consulted, and
  • that any concerns raised have been considered, and addressed as appropriate.

3.3.3 – Filing Requirements

• Added a new 1^st paragraph: Provide confirmation that the information provided to potentially affected parties described:
• the Applicant’s intention to apply to the Board for approval of its project, and
• how they can raise outstanding application-related concerns with the Board before the Board makes its decision on the application.
• Revised the title of the CER’s brochure and modified the bullet to read: a copy of the CER brochure, A Proposed Pipeline or Power Line Project: What You Need to Know;

3.3.3 – Orientation

• Added a new title: Notice To Those Potentially Affected and the following section: The Applicant should provide confirmation of adequate notice by providing a description of:
  • the process by which potentially affected parties can comment to the Board before the Board makes its decision; and
  • the methods and timing of notification and consultation.
• The Applicant should maintain records and be prepared to further demonstrate the adequacy of the notice that was provided to all potentially affected parties.
  • See Guidance in 3.3.2.

3.3.4 – Justification of Consultation not Undertaken

• Changed the title to read: Justification for Not Undertaking a Consultation Program

Other Scenarios

• Added a preamble sentence: A consultation program may not be feasible if
• Deleted the 3^rd bullet: the construction and operation of international power lines not exceeding an operating voltage of 50 kV and for which no significant environmental or social concerns are identified.

Table 3-1: Other Potential Federal Contacts

• Provided minor changes to the table

Chapter 4 – Section A.2.6: Guidance: Scoping and Analysis of Cumulative Effects – Other Projects

• Revised paragraph 2, to read: When identifying other projects or activities, consider relevant facts to determine what projects or activities are likely to take place as opposed to those that are not reasonably foreseeable or that are hypothetical. Consideration of other projects or activities that have been or will be carried out should include those for which formal plans or applications have been made.

Guide P – Tolls and Tariffs: Additional Information Text Box

Additional Information Text Box

• Changed footnote 6 to footnote 5

Appendix 1 – Chapter 3 – Common Information Requirements:

Changed Title to read: 3.3.4 Justification for Not Undertaking a Consultation Program

Filing Manual, Copyright page: a new ISSN number has been added.

Guide A
Section: Streamlining Order
Replace pages 4A-1 through 4A-10

Guide A
Section: A.2.6 Cumulative Effects Assessment, Other Projects
Replace pages 4A-41 through 4A-46