Export and Import Regulatory Framework – Comment Period for Proposed Regulations

File 2881202
14 December 2024

To:  All Companies under the Canada Energy Regulator Jurisdiction and Interested Parties

CER’s Export and Import Regulatory Framework – Comment Period for Proposed Regulations

This email is to notify you that the following proposed regulations and Regulatory Impact Analysis Statements are now pre-published in the Canada Gazette, Part I for a 45-day comment period:

The deadline to submit written comments is January 28, 2025.

The Canadian Energy Regulator Act (CER Act) came into force on 28 August 2019, replacing the National Energy Board Act (NEB Act). As a result of changes to the CER Act, the Canada Energy Regulator (CER) has developed five proposed regulations (listed above) to replace the four NEB Act regulations (listed below) used to regulate the export and import of oil, gas, and electricity, the construction and operation of international power lines, and the reporting of toll information:

  • National Energy Board Part VI (Oil and Gas) Regulations;
  • National Energy Board Electricity Regulations;
  • National Energy Board Export and Import Reporting Regulations; and
  • Toll Information Regulations.

The proposed regulations provide the CER with information to assess applications, and enable the CER to understand the functioning of energy markets in Canada thereby fulfilling its mandate to provide energy information that informs decision-making and the energy dialogue in Canada,

Proposed changes:

The proposed regulations reproduce sections found in the current NEB Act regulations and have been updated to reflect the transition to the CER Act, including the regulation-making authorities contained in it. Other changes, which are minor and administrative in nature, include the use of modern language, changes to reflect current practices, and changing various names and terms throughout. Comments received during early consultations with Indigenous Peoples, industry associations, authorization holders, provincial governments, and other interested parties were considered while drafting the proposed regulations.

The proposed regulations are designed to create a clear, consistent, and predictable regulatory environment while simplifying procedures for businesses preparing export and international power line applications, as well as export, import, and toll information reports. For more details on the proposed regulations, please see the Regulatory Impact Analysis Statements and the proposed regulations. A Regulatory Impact Analysis Statement is a non-technical informational document that allows the public to understand the reason for the regulation changes, the objectives, and the analysis to support the proposed regulation, including costs and benefits.

Energy Transition:

This regulatory proposal aligns the regulations with the CER Act. A separate review that considers how the CER’s regulatory framework can support Canada’s move towards cleaner energy sources will be undertaken at a future date. The CER will consult with Indigenous Peoples and interested parties during that review and development of any substantive changes to the regulations. That review will be like the one currently underway for the CER’s Onshore Pipeline Regulations Review.

How to Submit Comments and Deadline:

The CER invites you to review the Regulatory Impact Analysis Statements and proposed regulations on the Canada Gazette website at the following links below and provide your written comments by January 28, 2025.

Canada Gazette is the official newspaper of the Government of Canada and is used to inform and involve Canadians in the legislative process. The Government of Canada has launched a new online commenting system in Canada Gazette, Part I that allows people to comment online on proposed regulations using the comment boxes provided in each section or in the overall “General Comments” section. The online commenting system has been designed to be easy to use, and we encourage you to use it to submit your comments. Check out the Canada Gazette’s “Comment on proposed regulations” webpage for more detailed information. Alternatively, you may submit comments electronically to EIRF@cer-rec.gc.ca or by mailed letter.

The CER will review and consider all comments. All comments received will be posted in the Closed consultations with published comments section on the Canada Gazette website within 30 days of the comment period closing.

Contact Us:

Should you have any questions or would like further information, please contact Jenni Low at (403) 607–3857 EIRF@cer-rec.gc.ca. For service in French, please contact Chantal Briand (403) 389–1209 EIRF@cer-rec.gc.ca.

Regards,
Canada Energy Regulator

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