2025–26 Annual Report of the Commission of the Canada Energy Regulator - Appendix C: Summary of Released Commission Decisions, Recommendations and In Progress Hearing Applications
The Commission adjudicates a multitude of matters under the CER Act. These range from smaller facilities applications, such as those assessed under section 214 of the CER Act, abandonment of facilities that are no longer required, land matters complaints, compensation matters and large-scale pipeline projects assessed under section 183 of the CER Act, to decisions on shipper complaints, pipeline tolls hearings, abandonment cost estimates and electricity permits and certificates.
The Commission’s processes are designed to be fair, inclusive, transparent and efficient. The Commission exercises its powers and performs its duties and functions in a manner that respects the Government of Canada’s commitments with respect to the rights of Indigenous Peoples and offers meaningful engagement opportunities to stakeholders. This keeps Canada’s energy infrastructure safe, protects people and the environment, and enhances Canada’s global competitiveness.
Commission Decisions and Recommendations
Decision Reports and Recommendations are the result of larger proceedings (such as applications under section 183 of the CER Act, tolls and tariff applications, etc.). Decisions and recommendations issued by the Commission from 1 April 2025 to 31 March 2026 are described below.
Pipeline Infrastructure Recommendations
Pouce Coupé Pipe Line Ltd. – Application for the Taylor to Gordondale Pipeline Project
Decision: The Commission found that the Taylor to Gordondale Pipeline Project (Project) was in the public interest and recommended GIC approve the Application under section 183 of the CER Act. GIC directed the Commission to issue a certificate, which it did on 10 February 2026.
Background: Pouce Coupé Pipe Line Ltd. (Pouce Coupé), a wholly owned subsidiary of Pembina Pipeline Corporation, applied to build and operate the Taylor to Gordondale Pipeline Project. The Project will include approximately 89 km of 16-inch diameter pipeline carrying natural gas liquids and crude oil products from the existing Taylor Tank Farm Facility east of Taylor, British Columbia, to the Pouce Coupé Block Valve near Gordondale, Alberta, as well as upgrades to the Taylor Tank Farm Facility, including installation of two new electric booster pumps and two new electric mainline pumps.
The Commission determined the Project was in the public interest and recommended that GIC approve the Project, subject to 40 conditions, on 7 November 2025. At the same time, the Commission issued Order XO-002-2025, the effect of which was contingent on a certificate being issued for the Project.
There were 35 parties confirmed as intervenors to the hearing process, including 26 Indigenous communities. An additional 13 Indigenous communities contributed input through the Crown Consultation Coordinator.
On 5 February 2026, the GIC issued an order directing the Commission to issue a certificate in relation to the Project, and the Commission issued certificate OC-068 and amending order AO-001-XO-002-2025 on 10 February 2026.
Hearing Order number: OH-001-2024
Order number: OC-068, XO-002-2025, AO-001-XO-002-2025
REGDOCS File number: C37235
Panel of Commissioners: T. Grimoldby, Presiding Commissioner; M. Chartier, Commissioner; J.-D. Charlebois, Commissioner
Westcoast Energy Inc. on behalf of Westcoast Energy Limited Partnership – Application for the Sunrise Expansion Program
Decision: The Commission found that the Sunrise Expansion Project Program (Project) was in the public interest and recommended GIC approve the Application under section 183 of the CER Act.
Background: On 30 May 2024, Westcoast applied to the CER to construct and operate the Sunrise Expansion Program in British Columbia, roughly between Chetwynd and the Canada-United States border at Huntingdon/Sumas. Among other things, the Project includes 11 natural gas pipeline loops (roughly 139 km in total), 2 overhead power lines (roughly 10 km in total), and upgrades and modifications at 11 existing compressor stations (including new compressor units at 4 stations) and at an existing meter station. The Project responds to shipper requests for additional transportation capacity to address an anticipated shortfall in capacity once the Woodfibre LNG Limited liquefied natural gas export facility near Squamish, British Columbia begins operating in 2027.
There were 63 confirmed intervenors in the hearing, including 40 Indigenous communities or organizations, as well as supplemental consultation with the Crown Consultation Coordinator.
The Commission issued its report and orders, which are contingent upon a certificate being issued, on 30 January 2026. A decision by GIC is anticipated in April 20261.
Hearing Order number: GH-001-2024
Order numbers: XG-002-2026, MO-005-2026, and MO-006-2026
REGDOCS File number: C38105
Panel of Commissioners: K. Penney, Presiding Commissioner; T. Grimoldby, Commissioner; S. Luciuk, Commissioner
Tolls and Tariffs Decisions
Trans Mountain Pipeline ULC on behalf of Trans Mountain Pipeline L.P. – Application for 2024 Final Tolls and related matters effective pursuant to the 2024 Incentive Tolls Settlement, and paragraph 229(1)(a) and the Traffic, Tolls and Tariffs provisions in Part 3 of the CER Act – Decision on 2024 final tolls
Section: Part 3 of the CER Act
Decision: The Commission of the Canada Energy Regulator approved Trans Mountain’s application for approval of the 2024 final tolls except for a non-routine adjustment of approximately $10.17 million associated with its Kingsvale Transmission Line.
Background: On 23 December 2024, Trans Mountain applied for approval of 2024 final tolls (these are the tolls for the pre-expanded system). The Commission approved Trans Mountain’s 2024 final tolls under the 2024 Incentive Toll Settlement, with one exception: it denied recovery of an approximately $10.17 million non-routine adjustment related to the Kingsvale Transmission Line. The Commission found that the Kingsvale capital costs (depreciation and return on capital) were not the result of “uncontrollable events,” but rather decisions within Trans Mountain’s control, and therefore required prior shipper support, which was not obtained.
Hearing Order number: N/A
Order number: TO-002-2025
REGDOCS File number: C34340
Panel of Commissioners: J.-D. Charlebois, Presiding Commissioner; M. Watton, Commissioner; S. Sajnovics, Commissioner
Alliance Pipeline Ltd., as general partner for and on behalf of Alliance Pipeline Limited Partnership – Alliance Tolls and Provision of Information – Application for approval of Final Tolls and the 2025-2035 Toll Settlement Agreement
Section: Parts 1, 3, and 9 of the CER Act and the Revised Guidelines for Negotiated Settlements of Traffic, Tolls and Tariffs
Decision: The Commission approved the application as filed and found that the Settlement is likely to result in tolls that are just and reasonable, and tolls and services that are not unjustly discriminatory.
Background: In May 2024, the Commission launched a comment process due to concerns expressed by shippers about Alliance’s very high return on equity (ROE). In November 2024, the Commission found an arguable case that the ROE may not match current risk, made tolls interim to 31 October 2025 and required Alliance to justify or change its tolling approach and file additional information no later than 19 February 2025. The Commission subsequently granted two extension requests from Alliance to allow more time for negotiations with parties.
In July 2025, Alliance applied for approval of its Final Tolls and the 2025-2035 Toll Settlement Agreement, negotiated between Alliance and a Shipper Negotiating Committee. The Commission initiated an inquiry and comment process that resulted in six letters in support of the application and none that raised concerns or opposed the application. The Commission found that the Settlement and the negotiation process met the requirements of the Settlement Guidelines and approved the application as filed, including the Settlement, interim tolls, final tolls in accordance with the Settlement, and approval of the Depreciation Study, and issued TG-004-2025 giving effect to the decision.
Hearing Order number: N/A
Order number: TG-004-2025
REGDOCS File number: C36253
Panel of Commissioners: S. Luciuk, Presiding Commissioner; K. Penney, Commissioner; S. Sajnovics, Commissioner
South Bow GP (Canada) Ltd. – Application for Approval of Final 2020 and 2021 Variable Toll Adjustments and Related Requests pursuant to Reasons for Decision RH-005-2023 and Order TO-001-2025
Section: Section 225 and paragraph 232(b) of the CER Act
Decision: The Commission approved the application after determining that the toll adjustments and related requests complied with prior directions, and that the proposed tolls are just and reasonable.
Background: On 9 June 2025, South Bow GP (Canada) Ltd. filed an application for approval of Final 2020 and 2021 Variable Toll Adjustments and Related Requests, pursuant to the Commission’s Reasons for Decision in RH-005-2023 and Order TO-001-2025, which give effect to requirements established under Phase 1 Toll Order TO-005-2022. Two parties participated in the proceeding but subsequently withdrew their concerns.
The Commission released its letter decision and order on 31 October 2025.
Hearing Order number: N/A
Order number: TOI-003-2025 and TO-005-2025
REGDOCS File number: C37093
Panel of Commissioners: T. Grimoldby, Presiding Commissioner; S. Sajnovics, Commissioner; J.-D. Charlebois, Commissioner
South Bow GP (Canada) Ltd. – Final Adjusted Variable Tolls for 2022, 2023, and 2024, and 2026 Estimated Variable Toll
Section: Section 230 of the CER Act
Decision: The Commission approved the application, determining that the tolls complied with its prior directions in RH-005-2020 and the RH-005-2023 Reasons for Decision, and that the proposed Final Adjusted Variable Tolls for 2022, 2023, and 2024 are just and reasonable.
Background: On 7 November 2025, South Bow applied for approval to recover the remaining balance of the variable tolls for 2022, 2023, and 2024, and for approval of an estimated variable toll for 2026. The Commission initiated a comments process on 21 November 2025. The Commission issued a letter decision and Order TO-006-2025, approving the final variable tolls for 2022, 2023, and 2024, and establishing an estimated variable toll for 2026. The Commission determined that the tolls complied with its prior directions in the RH-005-2020 and RH-005-2023 Reasons for Decision, and Orders TOI-003-2025 and TO-005-2025.
The Commission released its letter decision and Order TO-006-2025 on 19 December 2025.
Hearing Order number: N/A
Order number: TO-006-2025
REGDOCS File number: C37765
Panel of Commissioners: J.-D. Charlebois, Presiding Commissioner; M. Watton, Commissioner; S. Sajnovics, Commissioner
Enbridge Pipelines Inc. – Canadian Association of Petroleum Producers Complaint regarding tolls on the Enbridge Canadian Mainline, pursuant to Canadian Local Tolls Tariff CER Tariff No. 571, International Joint Tolls Tariff CER Tariff No. 572, and the Enbridge Mainline Tolling Settlement
Section: Parts 1 and 3 of the CER Act
Decision: The Commission of the Canada Energy Regulator directed Enbridge to remove costs for return on capital for shared services assets (Disputed Cost) from the 2024 Mainline Tolling Settlement (MTS) Financial Return calculation.
Background: On 23 July 2025, the Canadian Association of Petroleum Producers filed a complaint about Enbridge including the Disputed Cost. This affected the outcome of the Enbridge Canadian Mainline return on equity calculation and a surcredit on tolls. The Commission found that the Disputed Cost was not contemplated during the negotiations of the MTS, nor included in the MTS Financial Model (Schedule Q), and Enbridge did not have discretion to add such costs. The Commission directed Enbridge to exclude the Disputed Cost from the 2024 MTS Financial Return and to establish a true-up surcredit on tolls to refund the Disputed Cost to shippers.
The Commission released its letter decision on 16 March 2026.
Hearing Order number: N/A
Order number: N/A
REGDOCS File number: C35694
Panel of Commissioners: J.-D. Charlebois, Presiding Commissioner; S. Luciuk, Commissioner; S. Sajnovics, Commissioner
Abandonment Decisions
Kingston Midstream Westspur Limited Abandonment of Segments of the Westspur 23A & 23B Pipelines
Section: Subsection 241(1) of the CER Act
Decision: The Commission approved the Application pursuant to subsection 241(1) of the CER Act.
Background: On 26 September 2024, Kingston Midstream Westspur Limited filed an application with the Canada Energy Regulator to abandon approximately 384 metres of NPS 16 and 315 metres of NPS 12 pipeline segments of the Westspur 23A & 23B pipelines southwest of Cromer, Manitoba pursuant to subsection 241(1) of the CER Act. The segments were decommissioned and replaced in 2018 under NEB Order MO-058-2018 and are no longer connected to the system. The Manitoba Métis Federation (MMF) submitted a statement of opposition to the application and on 30 May 2025, the Commission established a written hearing process.
The hearing process included an opportunity to file evidence, ask questions and provide final argument. The MMF raised concerns about consultation and engagement, potential impacts on Indigenous rights and interests, and environmental and heritage resources matters. The Commission found that Kingston Midstream had adequately consulted and engaged and that MMF’s concerns were appropriately addressed through mitigation. However, to further address concerns around reclamation and to support ongoing engagement, the Commission included in Condition 7 a requirement that Kingston Midstream provide a copy of its reclamation monitoring reports to MMF.
The Commission released its decision and order on 4 September 2025.
Hearing Order number: MH-002-2025
Order number: ZO-004-2025
REGDOCS File number: C36166
Panel of Commissioners: K. Penney, Presiding Commissioner; S. Luciuk, Commissioner; S. Sajnovics, Commissioner
Compensation Decisions
Application for Compensation of Lands and Damages by Applicant against Trans Mountain Pipeline ULC
Section: Section 334 of the CER Act
Decision: The Commission denied most of the applicants’ damages claim, but through Order CM-001-2025, granted limited compensation for damage from Trans Mountain’s construction.
Background: On 19 September 2024, the applicants filed an application with the CER seeking compensation from Trans Mountain Pipeline ULC (Trans Mountain) in relation to damages they submitted were caused by Trans Mountain’s construction activities for the Trans Mountain Expansion Project, located 200 metres from the applicants’ lands. The Commission held a public hearing in respect of the application during which the Commission heard from both parties.
After considering the evidence and submissions, the Commission found that the applicants did not establish on a balance of probabilities that Trans Mountain’s construction activities caused damage to their property and, as a result, dismissed most aspects of the applicants’ claim for damages. The Commission did, however, award limited damages that were directly linked to the installation of a new well by Trans Mountain.
The Commission released its decision and order on 24 September 2025.
Hearing Order number: MH-001-2025
Order number: CM-001-2025
REGDOCS File number: C36364
Panel of Commissioners: S. Sajnovics, Commissioner
Other Decisions
Cedar 1 LNG Export Ltd. – Application for a Licence for the Exportation of Liquefied Natural Gas
Decision: On 9 December 2025, the Commission recommended a 40-year Licence for approval to the Minister of Energy and Natural Resources. Approval was granted 9 January 2026 and the CER issued Licence GL-349 on 14 January 2026.
Section: Section 344 of the CER Act
Background: Cedar 1 LNG Export Ltd. (Cedar 1) applied for a 40-year licence to export liquefied natural gas (LNG) from the Cedar LNG facility currently under construction in the traditional territory of the Haisla Nation, in the vicinity of Kitimat, British Columbia. Cedar 1 already holds an existing long-term export licence for the same quantity and export point, for a term of 25 years – the maximum allowable term at the time of its application for that licence in 2015. Shortly after submitting that application the maximum allowable term was increased to 40 years for LNG exports. As part of its application, Cedar 1 granted its consent for the CER to exercise its authority under section 350 of the CER Act to revoke the existing licence once the new 40-year licence is issued and the appeal/judicial review window has closed.
Hearing Order number: N/A
REGDOCS File number: C37621
Panel of Commissioners: S. Sajnovics, Presiding Commissioner; T. Grimoldby, Commissioner; M. Chartier, Commissioner
In Progress Hearing Applications
The following are applications being assessed by the Commission in 2025-26 that may result in future decisions:
Trans Mountain Pipeline ULC – Application for Approval of Interim Commencement Date Tolls and Other Matters related to the Transportation of Petroleum on the Expanded TMP System
Section: Section 230 of the CER Act
Hearing Order number: RH-002-2023
REGDOCS File number: C24695
AltaGas Ltd. Complaint regarding tolls on the Enbridge Canadian Mainline
Section: Parts 1 and 3 of the CER Act
Hearing Order number: RH-001-2025
REGDOCS File number: C34201
Saskatchewan Power Corporation – Southwest Power Pool to SaskPower Interconnection 230 kV Project
Section: Section 261 of the CER Act
Hearing Order number: EHW-001-2025
REGDOCS File number: C34599
Application for Compensation of Lands and Damages by BPS Ventures Inc. against Enbridge Pipelines Inc.
Section: Sections 327 and 334 of the CER Act
Hearing Order number: MH-001-2023
REGDOCS File number: C23286
Sam Enterprises Ltd. – Application for Compensation of Lands and Damages by Sam Enterprises Ltd. against Trans Mountain Pipeline ULC (MH-004-2025)
Section: Sections 327 and 334 of the CER Act
Hearing Order number: MH-004-2025
REGDOCS File number: C27947
Application for Compensation of Lands and Damages by Peace River Greenhouses Ltd. against Westcoast Energy Inc.
Section: Sections 327 and 334 of the CER Act
Hearing Order number: MH-001-2026
REGDOCS File number: C33329
Cost apportionment application filed by the Regional Municipality of Peel vs TransCanada PipeLines Limited
Section: Paragraph 335(4)(g) of the CER Act
Hearing Order number: MH-002-2026
REGDOCS File number: C28945
Powell River Energy – Application for a Contract-Specific Electricity Export Permit
Note: On 18 December 2025, following significant public interest and pursuant to section 359 of the CER Act, the Commission recommended to the Minister that the Application be designated by order of the GIC under section 360 for review through a licensing procedure rather than a permit process. On 26 February 2026, the GIC made that designation.
Section: Section 361 of the CER Act
Hearing Order number: N/A
REGDOCS File number: C35954
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