Proposed Export and Import Reporting Regulations

Summary#

The Canadian Energy Regulator is proposing new Export and Import Reporting Regulations (and a related Toll Information Reporting Regulations) to replace older rules made under the National Energy Board Act. The changes update what data exporters, importers and pipeline companies must report and aim to match the rules to the Canadian Energy Regulator Act. The notice appeared in the Canada Gazette on December 14, 2024 and the public can comment for 45 days.

What it does#

• Replaces parts of older rules (including the National Energy Board Export and Import Reporting Regulations) with updated Export and Import Reporting Regulations.
• Removes some reporting that no longer fits the new law, including many in‑transit reporting requirements.
• Changes how export prices are reported from “injected into a pipeline” to “injected into the mode(s) of transport” to reflect non‑pipeline exports (for example, marine shipments).
• Stops requiring electricity exports to be reported by old “transfer classes” and aligns electricity reporting with current market practice.
• Re‑requires all natural gas importers to submit monthly reports (the previous transitional exception expired).
• Creates a new Toll Information Reporting Regulations requirement for certain pipeline companies to submit traffic (throughput) data monthly in addition to the existing quarterly reports.
• Shifts toll reporting away from detailed forecast calculations toward actual results, while still asking companies to explain material differences.
• Aligns the electricity reporting deadline with the Canada Border Services Agency (moving it from the 15th to the 25th day of the month).
• The new regulations would come into force when the related Export and Import (Orders, Licences and Permits) Regulations are registered (or on their registration date if later).

Who's affected#

• Companies that export oil, gas or electricity. There are currently 93 electricity export permit holders.
• Natural gas importers (about 142 importers currently reported in the analysis) — they would need to report monthly again.
• Holders of in‑transit orders (currently 27 natural gas in‑transit order holders) who would no longer have some monthly reporting requirements.
• Pipeline companies that charge tolls — currently 13 large pipeline companies would need to add monthly traffic reporting (they already submit quarterly surveillance reports).
• Industry groups and some Indigenous parties consulted during development, including the Canadian Electricity Association, the Canadian Association of Petroleum Producers, and the Gitxaala Nation. The CER will notify Indigenous groups during the 45‑day consultation on these proposals.

Why it matters#

• For exporters and importers: the proposal removes some outdated reporting and simplifies others, which could reduce paperwork and administrative costs.
• For pipeline toll payers and regulators: monthly traffic data should provide more timely information about how pipelines are being used and how tolls are working.
• For market monitoring and public information: the Canadian Energy Regulator would get more relevant and timely data to publish energy statistics used by industry, investors and the public.
• On costs: the regulatory analysis shows a small net decrease in administrative burden for businesses — a present value reduction of $22,696 over 10 years (annualized $3,231), while toll reporting changes would add $29,019 in present value costs over 10 years (annualized $4,132). The proposal’s more specific annualized estimates include a decrease of $1,155 for export/import reporting and an increase of $1,477 for toll reporting.
• Small businesses: the analysis says there are currently no small businesses exporting/importing oil, gas or electricity, so immediate impacts on small firms are expected to be minimal.