Section 214 Applications
Section 214 of the Canadian Energy Regulator Act (CER Act) permits the Commission of the CER to make orders exempting certain facilities from any or all of the provisions of sections 179, 180(1), 182, 198, 199, and 213 of the CER Act.
Filing requirements
While applications made under section 214 do not automatically trigger a public hearing, the Commission will still complete a comprehensive assessment of the application with respect to:
- public engagement;
- engineering;
- environment and socio-economics;
- rights of Indigenous peoples;
- economics; and
- lands.
When a company applies for approval to construct and operate a pipeline, it must include certain information in its application. For more information on filing requirements for section 214 applications, see Guide A – s.214 of the CER Filing Manual.
Notice of proposed section 214 applications
As noted by the all company letter [Filing C23149] regarding the new process and template for public participation for section 214 applications, companies filing applications pursuant to section 214 of the CER Act are required to provide notice to all potentially affected persons and communities, including Indigenous peoples, identified in the company’s project notification. This Notice of Application (pursuant to section 214 of the CER Act) is to be provided to potentially affected persons and communities immediately after the company files the section 214 application with the CER.
The Commission expects companies to use the form of notice specified by the Commission: Notice of Application [WORD 720 KB].
When providing notices, consider the official language used by the recipients. The Notice of Application template is available in both official languages.
Canadians, including landowners and Indigenous peoples who have specific concerns about a company’s proposed energy project, can submit a statement of concern within 21 days of the application being filed with the CER.
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