Export and Import Reporting Regulations Proposal

Summary#

This is a proposal, published in the Canada Gazette on December 14, 2024, to replace older export/import reporting rules with new rules called the Export and Import Reporting Regulations and the Toll Information Reporting Regulations. The changes would update what oil, gas and electricity exporters, some importers, and certain pipeline companies must report to the Canadian Energy Regulator so the regulator can better monitor energy markets.

What it does#

• Replaces parts of the old National Energy Board reporting rules with the proposed Export and Import Reporting Regulations and the proposed Toll Information Reporting Regulations.
• Removes some outdated reporting requirements, for example:
  • Stops required reporting about some in-transit flows of oil and gas.
  • Drops an older electricity reporting format based on specialized “transfer classes.”
  • Changes the place where export price is reported from “pipeline” injection to the actual “mode(s) of transport” (to reflect marine and other transport).
• Re-introduces and standardizes monthly reporting for all natural gas importers (many already reported historically).
• Requires some pipeline companies to provide traffic (throughput) data every month in addition to quarterly reports under the proposed Toll Information Reporting Regulations.
• Shifts some requirements from forecast figures to actual results (e.g., toll reporting will focus more on actual traffic and tolls rather than detailed forecast calculations).
• Aligns an electricity reporting deadline with the Canada Border Services Agency by moving it to the 25th day of each month.
• Repeals the old National Energy Board Export and Import Reporting Regulations and sets the new rules to come into force when related export/permit regulations are registered.
• This is a proposal, not law. The government is inviting comments for 45 days after publication.

Who's affected#

• Exporters of oil, natural gas and electricity (for example, there are currently 93 electricity export permit holders).
• Companies that import natural gas (about 142 importers referenced in the analysis).
• Holders of in-transit natural gas orders (about 27) — some of their specific reporting requirements would be removed.
• Pipeline companies that file toll/traffic reports (currently 13 large pipeline companies submit quarterly surveillance reports).
• Toll-paying companies and others who use CER data for forecasting and negotiating tolls.
• The Canadian Energy Regulator, which will receive and use the revised data.
• Indigenous groups and provincial governments were consulted earlier; the CER plans further notice and a formal comment period. It’s not always clear from the notice whether any other groups would be directly affected.

Why it matters#

• The changes aim to make reporting simpler and more relevant to today’s energy market. That can reduce pointless paperwork for exporters and importers and make CER data quicker and more useful.
• The government estimates the proposal would change business reporting costs. For example:
  • A present-value reduction in reporting costs for exporters/importers of about $22,696 over 10 years (about $3,231 per year on average).
  • A present-value increase in toll-reporting costs of about $29,019 over 10 years (about $4,132 per year on average), mainly from monthly traffic reports.
• More timely and better-format data should help the Canadian Energy Regulator monitor markets and help businesses, media and policymakers understand supply and price trends.
• This is a consultation-stage proposal. It could change after the public comment period, and it will only take effect when the related export/permit regulations are registered.