Part IOrderVolume 158, Number 50Published: December 14, 2024

Energy Export and Import Regulations

Canada Gazette, Part I, Volume 158, Number 50: Export and Import (Orders, Licences and Permits) Regulations

Proposed regulations under the Canadian Energy Regulator Act would replace parts of older National Energy Board rules to streamline and modernize export/import and international power line permit requirements. Practical effects include exempting certain activities (for example, natural gas imports) from requiring CER authorization, aligning application information and conditions with the CER Act, and setting a two-year maximum validity for many export orders. The proposal was published December 14, 2024, with a 45-day public comment period.

Published
December 14, 2024
Department
Unavailable
Section
REGULATORY IMPACT ANALYSIS STATEMENT
Comment deadline
January 28, 2025
Effective date
Unavailable
Publication part
Part I

Summary

Summary#

This is a proposed set of regulations called the Export and Import (Orders, Licences and Permits) Regulations under the Canadian Energy Regulator Act. It would replace parts of older National Energy Board rules to simplify export/import and international power line permit requirements and to update what information the regulator collects. The proposal was published in the Canada Gazette on December 14, 2024 and the public can comment for 45 days (this is a proposal, not law).

What it does#

  • Replaces and consolidates some rules that were made under the old National Energy Board framework into new regulations under the Canadian Energy Regulator Act.
  • Removes the need for CER authorization for certain activities, including exempting natural gas imports from requiring authorization (reporting may still be required).
  • Adds specific exemptions for some exports, for example gas or oil carried in the tanks of vehicles or vessels and some in‑transit transactions.
  • Makes the maximum period of validity for export orders consistent across commodities at two years.
  • Updates permit and application information for international power lines, including requiring financial information for all IPL construction applications whether above or below 50 kV, and modernizes wording (for example, replacing “mailing address” and “telecommunications numbers” with “contact information”).
  • Removes some outdated application requirements and aligns the conditions that can be attached to authorizations with the narrower criteria the CER now uses.
  • Other related regulations (reporting and toll information) and a separate set of export application rules are being handled in parallel proposals.

Who's affected#

  • Companies that export or import oil, natural gas, propane, butane, ethane or electricity.
  • Companies that apply to build or operate international power lines (IPLs).
  • The Canadian Energy Regulator (CER), which will use the new rules to assess applications and monitor markets.
  • Indigenous groups and others who raised concerns during earlier consultations — for example, the Gitxaala Nation was involved in past feedback and may be interested in how environmental or rights-related information is handled.
  • Small businesses: currently there are few or no small businesses applying for these authorizations, but the changes would reduce administrative burden for any that enter the market.

Why it matters#

  • The proposal aims to cut paperwork and the time it takes to apply for some export/import authorizations. The government estimates present-value administrative savings of about $222,202 over a 10-year period (about $31,637 per year on average).
  • Businesses could save time because some authorizations would no longer be required and application forms would be shorter or more modern.
  • The CER will get a narrower set of information that matches what it is allowed to consider under the Canadian Energy Regulator Act. That could make decisions faster, but it also means some types of environmental or broader-impact information are no longer required in export applications.
  • This is a proposal with a public comment period (45 days from the Canada Gazette publication). The rules are not final until the regulations are made and come into force.

Key topics

Canadian Energy Regulator ActCER ActExport and Import (Orders, Licences and Permits) RegulationsInternational Power Lines (Permits) RegulationsExport and Import Reporting RegulationsToll Information Reporting RegulationsExport Applications (Licences and Permits) RegulationsNational Energy Board Act Part VI (Oil and Gas) RegulationsNational Energy Board Electricity Regulationscrude oilrefined petroleum productnatural gaspropaneinternational power linesCanadian Energy Regulator

Source: Canada Gazette

Official source