2021–22 Annual Report of the Commission of the Canada Energy Regulator – Summary of CER Commission Decisions and Recommendations

Sunset over a field

Decision Reports and Recommendations Issued by the Commission from 1 April 2021 to 31 March 2022 include the following:

Note that REGDOCS files can be found on the CER website by clicking in the top banner: “Applications and hearings” then “View Regulatory Documents”. Then enter the REGDOCS File number below “Search by Document Number”.

Tolls and Tariffs:

Campus Energy Partners Operations Inc. Application for Approval of Tolls and Terms and Conditions of service for the Suffield Pipeline System

Decision: The Commission established maximum tolls that Campus may charge for different services on the pipeline and decided on terms and conditions of service.

  • Terms and conditions of service (CER Act, Part 3, s. 225-240)
  • Campus Energy Partners Suffield LP by its general partner Campus Energy Partners Operations Inc. (Campus) application for Tolls and Terms and Conditions of Service for the Suffield North Pipeline (Application) and Rockpoint Gas Storage Canada Ltd., Pine Cliff Energy Ltd., and Torxen Energy Ltd. complaints regarding Suffield Processing Limited Partnership and its general partner 2133151 Alberta Ltd. (the Complaint)
    • Hearing Order number: RH-002-2020
  • The Commission released its letter decision and order in April 2021
  • Panel of Commissioners: Kathy Penney (Presiding), Stephania Luciuk, Mark Watton, Damien Côté (Alternate)

Canadian Natural Resources (Canadian Natural) Application for Access and Tolls

Decision: The Commission recognized that the total capacity of the Pierson pipeline is fully contracted to Tundra Oil and Gas Limited. The Commission denied Canadian Natural’s application for access and tolls on the Pierson pipeline. However, the Commission ordered Nottingham Midstream Limited to provide interruptible service for the Pierson pipeline.

  • Access and Tolls Application pursuant to section 226 and 239 (2) of the CER Act
  • CNRL application seeking access on the Pierson Pipeline and seeking just and reasonable tolls from 6720471 Canada Ltd. owned by Nottingham Midstream Limited, collectively referred to as Nottingham.
  • The Commission released its letter decision and order in June 2021
  • Panel of Commissioners: Mark Watton (Presiding), Kathy Penney, Mélanie Chartier, Damien Côté (Alternate)

Secure Energy – Application for Transmission Service on the Westspur Pipeline

Decision: The Commission ordered Kingston Midstream Westspur Limited (Kingston) to provide service to Secure Energy Services Inc.’s (Secure) Alida Crude Oil Terminal, and to provide the facilities necessary to do so. Kingston subsequently filed a review and variance application, and the Commission granted several stays of its order. At the end of the fiscal year, the Commission was considering a joint request from Kingston and Secure, to amend the order and discontinue consideration of Kingston’s review and variance application.

  • Transmission service (CER Act, Part 3, s. 225-240)
  • Application by Secure Energy for service and suitable and adequate interconnection facilities on the Westspur Pipeline
    • Hearing Order number: RH-003-2020
  • The Commission released its reasons for decision in July 2021
  • Panel of Commissioners: Stephania Luciuk (Presiding), Trena Grimoldby, Wilma Jacknife, Kathy Penney (Alternate), Mark Watton (Alternate)

Enbridge Canadian Mainline Contracting Application Transmission service

Decision: Application denied. The Commission concluded that if long-term contracting were allowed on the Canadian Mainline, access to the pipeline would change suddenly and dramatically. Overall, Western Canadian oil producers could suffer too many negative consequences.

  • Transmission service (CER Act, Part 3, s. 225-240)
  • Enbridge Mainline Application for approval of Long-term Contracting and Tolls
    • Hearing Order number: RH-001-2020
  • The Commission released its reasons for decision in November 2021
  • Panel of Commissioners: Stephania Luciuk (Presiding), Wilma Jacknife, Trena Grimoldby, Damien Côté (Alternate)

NOVA Gas Transmission Ltd. – Application for Firm Transportation – Linked North Montney Service

Decision: The Commission considered all the evidence and submissions on the record:

  • Denied the Firm Transportation -– Linked North Montney (FT-L (NM)) Service and tolling methodology
  • Denied the Rate Schedule FT-L (NM) Service
  • Approved designating the Willow Valley as a Group 1 delivery point for the purpose of Firm Transportation – Delivery service and other delivery services in accordance with the rate design approved for the NGTL System, as may change from time to time
  • Denied affirming that the tolling methodology approved in the RH-001-2019 Decision and Order TG-00202020 will be maintained for existing NGTL System services that utilize the North Montney Mainline
  • Transmission service and tolling methodology pursuant to the tolls and tariff and public interest provisions under Parts 1 and 3 of the CER Act
  • NGTL FT-L (NM) Service Application for Firm Transmission service and tolling methodology for the for the Service, designation of the Willow Valley Interconnect delivery point as a Group 1 delivery point, and affirmation of the tolling methodology approved in the RH-001-2019 Decision for existing services that utilize the North Montney Mainline.
    • Hearing Order number: RH-001-2021
  • The Commission released its letter decision in January 2022, and its reasons for decision in March 2022
  • Panel of Commissioners: Trena Grimoldby (Presiding), Stephania Luciuk, Mark Watton, Wilma Jacknife (Alternate)

Powers of the Commission and Variances:

Trans Mountain Expansion Project (TMEP) – Coldwater West Alternative Route

Decision: The Commission of the Canada Energy Regulator determined that the West Alternative Route – an approximately 18-km-long realignment of the TMEP pipeline corridor in the Coldwater Valley area of British Columbia, was in the public interest.

  • Powers of the Commission and Variances (CER Act, Part 3, s. 190).
  • Trans Mountain variance application to construct and operate the Coldwater West Alternative Route
    • Hearing Order number: MH-032-2020
  • The Commission released its letter decision in July 2021, and its reasons for decision in August 2021
    • Order number(s): AO-008-OC-065, AO-002-XO-T260-007-2016, and AO-003-XO-T260-009-2016
    • REGDOCS File numbers: [C14136, C14356]
  • Panel of Commissioners: Damien Côté (Presiding), Kathy Penney, Mark Watton, Trena Grimoldby (Alternate)

TMEP – Notice of Motion and Constitutional Question dated 3 August 2021

Decision: The Commission ordered that i) Trans Mountain could proceed with certain tree clearing within Burnaby without obtaining tree cutting permits from the city; and ii) Trans Mountain could proceed with constructing and using the North Road (South) Access in Burnaby without receiving an access permit from the city.

  • Powers of the Commission and Variances (CER Act, Part 1, s.32, s.34, Part 6, s.313)
  • Trans Mountain filed a Notice of Motion and Constitutional Question, as to whether:
    • the requirement for municipal approval under section 3 of Burnaby’s Bylaw No. 10482 prior to conducting certain defined tree clearing and any additional tree clearing within Burnaby that Trans Mountain may determine to be reasonably necessary for the construction or operation of the project is inapplicable, invalid, or inoperative under the doctrines of interjurisdictional immunity and/or federal paramountcy; and
    • the requirement for municipal approval under section 24(1) of Burnaby’s Bylaw No. 4299 prior to Trans Mountain constructing the North Road (South) Access is inapplicable, invalid, or inoperative under the doctrines of interjurisdictional immunity and/or federal paramountcy.
    • Hearing Order number: MH-003-2021
  • The Commission released its letter decision (with reasons) in October 2021
    • Order numbers: AO-001-MO-002-2021 and MO-031-2021
    • REGDOCS File number: [Filing C15556]
  • Panel of Commissioners: Damien Côté (Presiding), Kathy Penney, Mark Watton, Trena Grimoldby (Alternate)

TMEP – Notice of Motion and Constitutional Question dated 2 December 2021

Decision: The Commission ordered that Trans Mountain could proceed with all work related to buildings and structures at the Burnaby Terminal and Westridge Marine Terminal without obtaining certain permits, occupancy certificates, or other authorizations from the city.

  • Powers of the /Commission and Variances (CER Act, Part 1, s.32, s.34, Part 6, s.313)
  • Request for a Commission determination that the requirement for Trans Mountain to acquire permits, occupancy certificates, and other authorizations under certain provisions of the City’s Bylaw No. 13658, Burnaby Building Bylaw 2016; Bylaw No. 11148, Burnaby Plumbing Bylaw 2000; and Bylaw No. 6494, Burnaby Electrical Bylaw 1974 for certain work at the Burnaby Terminal and Westridge Marine Terminal is inapplicable, invalid, or inoperative under the doctrines of interjurisdictional immunity and/or federal paramountcy.
    • Hearing Order number: MH-005-2021
  • The Commission released its letter decision in February 2022, and its reasons for decision in March 2022
  • Panel of Commissioners: Damien Côté (Presiding), Kathy Penney, Mark Watton, Trena Grimoldby (Alternate)

Exploration and Production:

Inuvialuit Petroleum Corporation – Development Plan for the proposed Inuvialuit Energy Security Project

Decision: The Commission evaluated Inuvialuit Petroleum Corporation’s approach to develop and manage the gas resource and potential impacts of the Inuvialuit Energy Security Project and concluded that the Development Plan as submitted was acceptable.

  • Development Plan Approval (NWT’s Oil and Gas Operations Act, s. 14)
  • Application from Inuvialuit Petroleum Corporation – Development Plan for the proposed Inuvialuit Energy Security Project. Part One provides a description of the general approach of developing the pool. Part Two provides all technical or other information and proposals necessary for a comprehensive review and evaluation of the proposed development.
    • Hearing Order number: MH-002-2021
  • The Commission released its letter decision in March 2022
  • Panel of Commissioners: Mark Watton (Presiding), Kathy Penney, Wilma Jacknife, Stephania Luciuk (Alternate)

Detailed Route:

Trans Mountain Expansion Project (TMEP)

Decision: The Commission decided that Trans Mountain’s detailed route is the best possible detailed route, and its methods and timing of construction are the most appropriate, for the lands at issue in each of the five detailed route hearings around Chilliwack, British Columbia.

Chilliwack Board of Education, District Parent Advisory Council, City of Chilliwack

  • Determination of detailed route and approval (CER, Part 3, s. 201-210)
    • Hearing Order number: MH-010-2020
  • The Commission released its letter decision in June 2021
  • Panel of Commissioners: Damien Côté (Presiding), Kathy Penney, Mark Watton, Trena Grimoldby (Alternate)

MH-010-2020 – Christine Bloom, City of Chilliwack

  • Determination of detailed route and approval (CER, Part 3, s. 201-210)
    • Hearing Order number: MH-011-2020
  • The Commission released its letter decision in June 2021
  • Panel of Commissioners: Damien Côté (Presiding), Kathy Penney, Mark Watton, Trena Grimoldby (Alternate)

Rudolf Enns, City of Chilliwack

  • Determination of detailed route and approval (CER, Part 3, s. 201-210)
    • Hearing Order number: MH-013-2020
  • The Commission released its letter decision in June 2021
  • Panel of Commissioners: Damien Côté (Presiding), Kathy Penney, Mark Watton, Trena Grimoldby (Alternate)

Michael Hale, City of Chilliwack

  • Determination of detailed route and approval (CER, Part 3, s. 201-210)
    • Hearing Order number: MH-015-2020
  • The Commission released its letter decision in June 2021
  • Panel of Commissioners: Damien Côté (Presiding), Kathy Penney, Mark Watton, Trena Grimoldby (Alternate)

City of Chilliwack

  • Determination of detailed route and approval (CER, Part 3, s. 201-210)
    • Hearing Order number: MH-026-2020
  • The Commission released its letter decision in June 2021
  • Panel of Commissioners: Damien Côté (Presiding), Kathy Penney, Mark Watton, Trena Grimoldby (Alternate)
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