Canadian Energy Regulator technical amendments

Summary#

These are final, technical changes to rules overseen by the Canadian Energy Regulator. The amendments update names, cross-references and wording across several regulations so they match the Canadian Energy Regulator Act and fix some English/French inconsistencies. The amendments came into force on September 27, 2022.

What it does#

• Renames the Administrative Monetary Penalties Regulations (National Energy Board) to Administrative Monetary Penalties Regulations (Canadian Energy Regulator) and updates wording so references to the old National Energy Board and “Board” read Canadian Energy Regulator and “Regulator.”
• Updates the definition of “Act” in those penalty rules to mean the Canadian Energy Regulator Act.
• Revises the list of violations in the penalty rules (Schedule 1) so the listed offences and section numbers match the Canadian Energy Regulator Act. Many listed contraventions are shown as “Type B” violations (no change in penalty regime itself).
• Removes one now-non-actionable item that referred to a section of the Onshore Pipeline rules that was turned into a purpose statement.
• Fixes drafting issues in French for section 6 of the Canadian Energy Regulator Onshore Pipeline Regulations to correct grammar and align with the English text.
• Corrects a wrong cross-reference in the English definition of “prescribed area” in the International and Interprovincial Power Line Damage Prevention Regulations — Obligations of Holders of Permits and Certificates so it points to section 2 of the related International and Interprovincial Power Line Damage Prevention Regulations — Authorizations.
• Replaces obsolete references to the old power-line rules (Power Line Crossing Regulations) with the new authorizations regulations where needed.
• Makes other small wording and heading changes to bring consistency across related regulations.
• The changes are described as administrative and do not add new costs or new compliance burdens.

Who's affected#

• Companies that operate or build pipelines and interprovincial or international power lines.
• Holders of CER permits, certificates or authorizations and their compliance or legal teams.
• The Canadian Energy Regulator, which will use the updated names and references when issuing penalties, letters or decisions.
• General public and small businesses: the regulator’s analysis says small businesses are not affected and there are no new administrative costs.

If it’s unclear whether a specific permit, certificate or clause applies to you, the text of the updated regulations should be checked or you can contact the CER for clarification.

Why it matters#

• The changes are mainly housekeeping. They remove confusion caused by old names, wrong section numbers, bad cross-references and a French wording error.
• That clarity matters in practice because enforcement, penalty notices, compliance checks and legal documents rely on correct names and references. Clear rules reduce the risk of misapplied penalties or administrative errors.
• The government’s regulatory analysis says these amendments do not change obligations or create new costs for businesses.