Filing Manual
Table of Contents
Chapter 1 – Introduction
- 1.1 Background
- 1.2 Purpose
- 1.3 Organization
- 1.4 Content Structure
- 1.5 Confidential Filing
- 1.6 Previously Filed Material
- 1.7 Pre-application Meetings – Guidance Notes
- 1.8 Public Engagement Resources
- 1.9 Updates
- 1.10 Measurement, Conversion Factors and Commodity Description
- 1.11 Filing with the Canada Energy Regulator
- 1.12 Filing Digital Location Data
Chapter 2 – Instructions to Users
Chapter 3 – Common Information Requirements
Chapter 3 – Common Information Requirements
- 3.1 Action Sought by Applicant
- 3.2 Application or Project Purpose
- 3.3 Management Systems and Programs under the OPR
- 3.4 Engagement
- 3.5 Notification of Commercial Third Parties
Chapter 4 – Physical Projects
Guide A – Facilities Applications
A.1 – Engineering
A.2 – Environmental and Socio-economic Assessment
A.2 – Environmental and Socio-economic Assessment
- A.2.1 Introduction
- A.2.2 The CER’s Approach to Environmental and Socio-economic Assessment
- A.2.3 Scope of the Environmental and Socio-economic Assessment
- A.2.4 Level of Detail
- A.2.5 Description of the Environmental and Socio-economic Setting
- A.2.6 Effects Assessment
- A.2.7 Cumulative Effects Assessment
- A.2.8 Inspection, Monitoring, and Follow-up
- A.2.9 Supplemental Guidance on Greenhouse Gas Emissions and Climate Change
A.3 – Economics and Financing
A.4 – Lands Information
- A.4 – Lands Information
- Goal
- A.4.1 Filing Requirements – Land Areas
- A.4.2 Filing Requirements – Land Rights
- A.4.3 Filing Requirements – Lands Acquisition Process
- A.4.4 Filing Requirements – Land Acquisition Agreements
- A.4.5 Filing Requirements – section 322 Notices
- A.4.6 Filing Requirements – section 214 Application to Address a Complaint
Guide B – Abandonment Funding and Applications to Abandon
Guide B – Abandonment Funding and Applications to Abandon
- B.1 Funding for Abandonment
- B.2 Applications to Abandon (CER Act subsection 241(1) and OPR section 50)
- Goal
- B.2.1 Notice of Proposed Abandonment
- B.2.2 Application to Abandon a Pipeline
- B.2.3 Reference documents – physical and technical issues related to abandonment
- B.3 Applications to Access Funds from the Trust to Fund Abandonment
- Table B-1: Pipelines – Comparison of predicted effects from Abandoning in place and removal
- 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 section 335 and section 338)
Guide D – Deviations (CER Act section 211)
Guide E – Change in Class Location (OPR section 42)
Guide F – Change of Service or Increase in Maximum Operating Pressure (OPR section 43)
Guide F – Change of Service or Increase in Maximum Operating Pressure (OPR section 43)
Guide G – Deactivation (OPR section 44)
Guide H – Reactivation (OPR section 45)
Guide I – Processing Plants: Deactivation and Reactivation (PPR section 42 and section 43)
Guide I – Processing Plants: Deactivation and Reactivation (PPR section 42 and section 43)
Guide J – Commodity Pipeline Systems
Guide K – Decommissioning
Guide L – Early Engagement Guide
Chapter 5 – Applications not for Physical Projects
Guide N – Applications to Review, Rescind or Rehear
Guide O – Variance Applications and Project Updates
Guide P – Tolls and Tariffs (sections 225 to 240 of CER Act)
Guide P – Tolls and Tariffs (sections 225 to 240 of CER Act)
Guide Q – Export Authorizations (sections 344 to 347 of the CER Act and Associated Regulations)
Guide Q – Export Authorizations (sections 344 to 347 of the CER Act and Associated Regulations)
Guide R – Transfer of Ownership, Lease or Amalgamation (CER Act section 181)
Guide R – Transfer of Ownership, Lease or Amalgamation (CER Act section 181)
Guide S – Access on a Pipeline (CER Act section 239)
Guide T – Leave to Open (CER Act section 213)
Guide U – Information Filed Respecting Plan, Profile, Book of Reference and Notices (CER Act section 199 and section 201)
Guide V – Right-of-Entry Application (CER Act section 324)
Guide W – Requirements for Substituted Service Applications
Guide W – Requirements for Substituted Service Applications
Chapter 6 – Non-Application Information Filings
Guide AA – Post Certificate or Order Requirements
Guide BB – Financial Surveillance Reports (Toll Information Regulations)
Guide BB – Financial Surveillance Reports (Toll Information Regulations)
Guide CC – Import and Export Reporting Requirements
Chapter 7 – Referenced Documents
Appendix 1 Filing Manual Checklists
Appendix 1 Filing Manual Checklists
- Chapter 3 – Common Information Requirements
- Chapter 4 – Sections 4.1 and 4.2: Common Requirements for Physical Projects
- Guide A – A.1 Engineering
- Guide A – A.2 Environment and Socio-economic Assessment
- Guide A – A.3 Economics and Financing
- Guide A – A.4 Lands Information
- Guide B – Abandonment Funding and Applications to Abandon
- Guide C – Protection of Pipelines from Ground Disturbance, Facility Construction, Crossings and Mining Operations
- Guide D – Deviations
- Guide E – Change in Class Locations
- Guide F – Change of Service or Increase in Maximum Operating Pressure
- Guide G – Deactivation
- Guide H – Reactivation
- Guide I – Processing Plants: Deactivation and Reactivation
- Guide K – Decommissioning
- Guide O – Review, Rehearing or Variance Applications
- Guide P – Tolls and Tariffs
- Guide Q – Export Authorizations
- Guide R – Transfer of Ownership, Lease or Amalgamation
- Guide S – Access on a Pipeline
- Guide T – Leave to Open
- Guide U – Information Filed Respecting Plan, Profile, Book of Reference (PPBoR) and Notices
- Guide V – Right of Entry Applications
- Guide W – Requirements for Substituted Service Applications
List of Tables
List of Tables
- Chapter 2 – Table 2-1: Sections of CER Act and Regulations Requiring Applications
- Chapter 3 – Table 3-1: Other Potential Federal Contacts
- Chapter 4 – Guide A – Section 2 – Table A-1: Circumstances and Interactions Requiring Detailed Biophysical and Socio-economic Information
- Chapter 4 – Guide A – Section 2 – Table A-2: Filing Requirements for Biophysical Elements
- Chapter 4 – Guide A – Section 2 – Table A-3: Filing Requirements for Socio-economic Elements
- Chapter 4 – Guide A – Section 3 – Table A-4: Filing Requirements for Economics and Financing
- Chapter 4 – Guide A – Section 3 – Table A-5: Overview of Supply, Transportation and Markets Filing Requirements
- Chapter 4 – Guide B – Section 3 – Table B-1: Pipelines: Comparison of predicted effects from Abandoning in place and removal
- Chapter 4 – Guide B – Section 3 – Table B-2: Environmental and Socio-Economics Interactions
- Chapter 4 – Guide K – Table K-1: Environmental and Socio-Economics Interactions
- Chapter 6 – Guide AA – Table AA-1: Specific Information for Biophysical and Socio-economic Elements
- Chapter 6 – Guide AA – Table AA-2: Example of a Summary Table of Outstanding Issues
- Chapter 6 – Guide AA – Table AA-3: Example of a Summary Table of Discussions Regarding Outstanding Issues
- 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
- Figure 2-1: CER Filing Manual Flowchart
- Figure A.2-1: The Applicant’s ESA process
- Figure A-2-2 Scalable approach to climate change factor assessment
- Figure A-2-3 Scalable approach – construction GHG emissions
- Figure A-2-4 Scalable approach – operational GHG emissions
- Figure A-2-5 Scalable approach – upstream GHG emissions
- 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
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 subsection 241(1) of the Canadian Energy Regulator Act, and that remains in place. |
Accountable Officer |
Person appointed as accountable officer under subsection 6.2(1) of the Canadian Energy Regulator Onshore Pipeline Regulations [OPR section 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 subsection 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 subsection 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 section 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:
|
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 subsection 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 subsection 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 sections 6.1 to 6.6 of the Canadian Energy Regulator Onshore Pipeline Regulations [OPR section 1]. |
Migratory Bird |
Includes the sperm, eggs, embryos, tissue cultures and parts of the bird [Migratory Birds Convention Act, 1994 subsection 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 sections 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 sections 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 section 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 section 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 section 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, subsection 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 subsection 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 Nation 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 Nations 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:
|
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
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 |
|
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 |
|
G/OPUAR |
Gas/Oil Pipeline Uniform Accounting Regulations |
H2S |
hydrogen sulfide |
IA Act |
|
IAAC |
Impact Assessment Agency of Canada |
ISO |
International Organization for Standardization |
kPa |
kilopascals |
LNG |
liquefied natural gas |
m³ |
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 |
|
OPUAR |
|
Part VI Regulations |
|
Post-construction report |
post-construction environmental monitoring report |
PPBoR |
plans, profiles and books of reference |
PPR |
|
QA |
quality assurance |
Reporting Regulations |
National Energy Board Export and Import Reporting Regulations |
RoW |
Right of Way |
Rules |
|
SARA |
|
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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