When CER Can Pause Review Deadlines

Summary#

The Circumstances for Excluding Periods from Time Limits Regulations: SOR/2019-348 set out when the government can pause the clock on statutory review deadlines under the Canadian Energy Regulator Act. In practice, the regulations allow the regulator to exclude days from the fixed review periods in specific situations such as applicant requests, project changes that need more study, or unpaid fees.

What it does#

• Lists three situations when days can be excluded from the calculation of time limits for CER decisions:
  • the applicant asks in writing for a period to be excluded;
  • the applicant changes the design, construction or operation of a project and the Commission considers that more studies or information are needed; and
  • the applicant has not paid required fees, levies or charges under section 87.
• Applies to reviews for:
  • pipeline reports or exemption orders (where the law sets limits of 450 days or 300 days, depending on the specific kind of pipeline decision);
  • certificates for international and interprovincial power lines (time limit 300 days); and
  • authorizations for offshore renewable energy and power line projects (time limit 300 days).
• The Commission’s lead official may specify the excluded period and must explain the reasons for doing so.
• The regulations come into force on the day that section 10 of An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act comes into force; if the regulations are registered after that day, they come into force on registration.

Who's affected#

• Companies and applicants who apply for:
  • pipeline certificates or exemption orders;
  • certificates for international or interprovincial power lines; or
  • authorizations for offshore renewable energy or power line projects.
• The Canadian Energy Regulator and its decision-makers, because they will apply these rules when running reviews.
• Indigenous peoples, local communities, and other stakeholders who participate in project reviews, since the timing of a review can change when periods are excluded.

Why it matters#

• These rules let the CER pause the statutory review clock in defined circumstances. That can make formal review deadlines longer in some cases.
• For project proponents, that affects planning and timelines. A pause could delay project approvals or give time to do additional studies.
• For communities and Indigenous peoples, excluded periods can change when and how quickly concerns are addressed in a review. The Commission must state reasons for any excluded period.
• The government says the regulations create predictability and are not expected to create any new costs for businesses, consumers, or government.