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Contact Information Office of Public Participation OPP. Telephone: Email: OPP ferc. Office of External Affairs. Given the size and cost of the build out of non-emitting power required to meet even the average annual system needs, permitting a small amount of emitting generation that is highly deployable can be turned on and off at short notice can help provide reliability in an affordable manner while we work to transition our energy systems to per cent non-emitting sources.

And these emissions would still be subject to the carbon price, providing further incentive to only operate these resources when they are actually needed. Jurisdictions like Alberta, Saskatchewan, and parts of the Maritimes still heavily rely on fossil fuels for their power generation.

In addition to requiring a more sweeping transition, they can also face colder temperatures with high energy demand for heating in the winter. While non-emitting technologies — including energy storage — are quickly becoming cost competitive , providing an exception that allows a limited role for fossil gas-based backup is warranted as these resources are being built out and properly integrated.

One of the key questions that will be debated is whether hours provides an adequate limit to meet these system needs. A first issue is whether that kind of utilization rate is sufficient to ensure system reliability, and whether it provides an appropriate weighting of emissions reductions versus cost.

The second issue is whether operating for this period provides adequate financial incentives for companies in each jurisdiction to keep gas capacity online. Given important differences between provinces, including market structure, weather, and current share of fossil-based power, there will be different calculations.

Another major policy decision that will be hotly debated is the inclusion of cogeneration facilities — facilities that are used to generate both heat and electricity at the same time.

The new regulations would impose the performance standard on any facility that has net exports to the electricity grid more electricity provided to the grid than used from the grid over the course of a year.

Cogeneration is used in a number of different industries across Canada but particularly in the oil and gas sector. While this element of the policy could have some impact on certain facilities and sectors, the inclusion of the megawatts minimum for a facility to be captured by the regulations, as well as the requirement that a facility be a net exporter of electricity to the grid over a year, will likely limit the unintended capturing of primarily non-electricity sector cogeneration.

Its inclusion in the Clean Electricity Regulations is particularly noteworthy from an emissions perspective, however. The final regulations will need to clearly delineate which cogeneration facilities across the country are captured by the regulations, and what impacts that inclusion or exclusion may have on other industries.

In order to properly understand how the Clean Electricity Regulations operate — and the potential impacts they will have — it is essential that the implications of these and other specific design choices are well understood.

In particular, we must consider both how carbon pricing will be applied in the electricity sector, and how residual emissions will be dealt with. We dig into both of these in the second part of this blog series. Evan Pivnick is Clean Energy Program Manager with Clean Energy Canada. Jason Dion is Senior Research Director with the Canadian Climate Institute.

Submission — Clean Electricity Regulations. The time is right for every province in Canada to build the bigger, smarter energy grids needed for a sustainable future. Search for: Submit search. Evan Pivnick Jason Dion How the proposed Clean Electricity Regulations work The regulations are based around the creation of a near-zero emissions standard for fossil -powered electricity generation, as well as several important compliance flexibilities to help manage a transition, that together would still allow some emissions past Digging into the details As mentioned above, the draft regulations include a variety of measures that will help drive down emissions while also allowing for flexibility that will support system reliability and cost-effectiveness.

Performance standard The first, and perhaps most fundamental, element of these new regulations is the performance standard it establishes for electricity generators.

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b directing the offender to take any action that the court considers appropriate to remedy or avoid any harm to the environment that results or may result from the act or omission that constituted the offence;. c directing the offender to carry out environmental effects monitoring in the manner established by the Commission or directing the offender to pay, in the manner specified by the court, an amount of money for the purposes of environmental effects monitoring;.

d directing the offender to make changes to their environmental protection program that the Commission considers appropriate;. e directing the offender to have an environmental audit conducted by a person of a class and at the times specified by the Commission and directing the offender to take the measures that it considers appropriate to remedy any deficiencies revealed during the audit;.

f directing the offender to pay to Her Majesty in right of Canada, for the purpose of promoting the conservation, protection or restoration of the environment, or to pay into the Environmental Damages Fund — an account in the accounts of Canada — an amount of money that the court considers appropriate;.

g directing the offender to publish, in the manner specified by the court, the facts relating to the commission of the offence and the details of the punishment imposed, including any orders made under this subsection;.

i directing the offender to post a bond or provide a suretyship or pay an amount of money into court that the court considers appropriate to ensure that the offender complies with all or part of any prohibition, direction, requirement or condition that is specified in the order;.

j directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court;. k directing the offender to pay, in the manner prescribed by the court, an amount of money to environmental, health or other groups to assist in their work;.

l directing the offender to pay, in the manner prescribed by the court, an amount of money to an educational institution including for scholarships for students enrolled in studies related to the environment;. n prohibiting the offender from applying for any new authorization under this Act during any period that the court considers appropriate.

Marginal note: Coming into force and duration of order. a by making changes to any prohibition, direction, requirement or condition that is specified in the order or by extending the time during which the order is to remain in force for any period that is not more than one year; or.

b by decreasing the time during which the order is to remain in force or by relieving the offender, either absolutely or partially or for any period, of compliance with any condition that is specified in the order.

Marginal note: Subsequent applications with leave. Marginal note: Recovery of fines and amounts. a a certificate is in force with respect to that pipeline; and.

b the company has been granted leave under this Part to open the pipeline. a sell or otherwise transfer, or lease, in whole or in part, its pipeline or its abandoned pipeline to any person;.

b purchase or otherwise acquire, or lease, in whole or in part, any pipeline or abandoned pipeline from any person; or. c if it is authorized to construct or operate a pipeline or if it owns an abandoned pipeline, amalgamate with any other company.

Marginal note: Definition of pipeline. Marginal note: Notice to provincial attorneys general. a its recommendation as to whether or not the certificate should be issued for all or any part of the pipeline, taking into account whether the pipeline is and will be required by the present and future public convenience and necessity, and the reasons for that recommendation; and.

b regardless of the recommendation that the Commission makes, all the conditions that it considers necessary or in the public interest to which the certificate would be subject if the Governor in Council were to direct that the certificate be issued.

a the environmental effects, including any cumulative environmental effects;. b the safety and security of persons and the protection of property and the environment;. c the health, social and economic effects, including with respect to the intersection of sex and gender with other identity factors;.

d the interests and concerns of the Indigenous peoples of Canada, including with respect to their current use of lands and resources for traditional purposes;.

e the effects on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, ;. f the availability of oil, gas or any other commodity to the pipeline;.

g the existence of actual or potential markets;. h the economic feasibility of the pipeline;. i the financial resources, financial responsibility and financial structure of the applicant, the methods of financing the pipeline and the extent to which Canadians will have an opportunity to participate in the financing, engineering and construction of the pipeline;.

k any relevant assessment referred to in section 92, 93 or 95 of the Impact Assessment Act ; and. l any public interest that the Commission considers may be affected by the issuance of the certificate or the dismissal of the application. Marginal note: Representations by the public.

The Lead Commissioner must provide reasons for doing so. a specify under subsection 4 a time limit that is the same as the one specified by the Minister in the order;. b give an instruction under section 41, or take any measure under subsection 42 1 , that is set out in the order; or.

c give an instruction under section 41 that addresses a matter set out in the order. Marginal note: Report is final and conclusive. a reconsider its recommendation or any condition referred back to it, as the case may be;.

b prepare and submit to the Minister a report on its reconsideration; and. a if its recommendation was referred back, either confirm the recommendation or set out a different recommendation; and.

b if a condition was referred back, confirm the condition, state that it no longer supports it or replace it with another one. Marginal note: Reconsideration of report submitted under subsection 5. If it does so, subsections 2 to 8 apply. Marginal note: Impact Assessment Act.

b in subsections 1 and 5 , a reference to the Minister is to be read as a reference to the Minister and the Minister of the Environment;. c the report referred to in subsection 1 is to be submitted within the time limit established under section d subsections 3 to 10 do not apply; and.

e subsection 1 applies with respect to the review panel. Marginal note: Decision by Governor in Council. a in the case of a recommendation that a certificate be issued,.

i refer the recommendation, or any of the conditions, set out in the report back for reconsideration under subsection 1 or 9 , as the case may be,. ii direct the Commission, by order, to issue a certificate in respect of the pipeline or any part of it and to make the certificate subject to the conditions set out in the report, or.

iii direct the Commission, by order, to dismiss the application for a certificate; or. b in the case of a recommendation that a certificate not be issued,. i refer the recommendation, or any of the conditions, set out in the report back for reconsideration under subsection 1 or 9 , as the case may be, or.

ii direct the Commission, by order, to dismiss the application for a certificate. The reasons must demonstrate that the Governor in Council took into account all the considerations referred to in subsection 2 that appeared to the Governor in Council to be relevant and directly related to the pipeline.

The Governor in Council may, on the recommendation of the Minister, by order, grant one or more extensions of the time limit.

If the Governor in Council makes an order under subsection 1 or 9 , the period that is taken to complete the reconsideration and to submit the report is to be excluded from the calculation of the time limit. Marginal note: Order is final and conclusive. Marginal note: Application for judicial review.

a the application must be filed in the Registry of the Federal Court of Appeal within 15 days after the day on which the order is published in the Canada Gazette ;. b a judge of that Court may, for special reasons, allow an extended time for filing and serving the application or notice; and.

c a judge of that Court must dispose of the application without delay and in a summary way and, unless a judge of that Court directs otherwise, without personal appearance. Marginal note: Continuation of jurisdiction and obligation. Marginal note: Variation or transfer of certificates.

However, the Minister may, if he or she considers that it is in the public interest to do so, direct the Commission to make a recommendation to the Governor in Council with respect to the variation or transfer instead.

Marginal note: Recommendation to vary or transfer. a to vary or transfer the certificate as recommended;. b not to vary or transfer the certificate; or. Marginal note: Recommendation not to vary or transfer. Marginal note: Revocation of certificates — application or consent.

Marginal note: Revocation of certificates — contravention. a the Commission has issued a certificate in respect of the pipeline;. b the company has complied with all applicable conditions to which the certificate is subject;. c the plan, profile and book of reference of the section or part of the pipeline have been approved by the Commission; and.

d copies, certified by the Regulator, of the approved plan, profile and book of reference have been deposited in the land registry office or other office where title to land is recorded for the area through which the section or part of the pipeline is to pass.

Marginal note: Plan, profile and book of reference. Marginal note: Additional material to be deposited. a serve a notice on all owners of lands proposed to be acquired, leased, taken or used, insofar as they can be ascertained; and. b publish a notice in at least one issue of a publication, if any, in general circulation within the area in which the lands are situated.

Marginal note: Commission may disregard written statements. a the person who filed the statement files a notice of withdrawal with the Regulator; or. b the Commission considers that the statement is frivolous or vexatious or is not made in good faith.

Marginal note: Matters to be taken into account. a all written statements filed under subsection 3 or 4 ; and. b all representations made to the Commission at a public hearing.

Marginal note: Costs of making representations. Marginal note: Application for correction of errors. a to ensure the safety of persons and the pipeline;. c to facilitate the construction, reconstruction or relocation of a highway, a railway or any other work of public interest; or.

d to prevent or remove an interference with a drainage system. a fix an amount that it considers reasonable in respect of the interim or final costs incurred by any person who made or will make representations to the Commission under this section; and.

b direct by whom and to whom the amount is to be paid. a pipelines or branches of or extensions to pipelines, of not more than 40 kilometres in length;. b pipelines that have already been constructed; and.

c any tanks, reservoirs, storage or loading facilities, pumps, racks, compressors, interstation communication systems, real or personal property, or immovable or movable, and any connected works.

Marginal note: Application related to application for certificate. a the time limit within which the Commission must make an order under subsection 1 or dismiss the application is seven days after the day on which the decision statement with respect to the designated project is posted on the Internet under section 66 of that Act; and.

b subsections 3 to 8 do not apply. a the certificate or order contains a condition relating to that utility;. b the company has been granted leave under subsection 2 ; or. c the company is constructing the pipeline in circumstances specified in an order or regulation made under subsection 4.

It may require from the applicant any plans, profiles and other information that it considers necessary to deal with the application. Marginal note: Definition of utility. Marginal note: Construction or operation — navigable water. Marginal note: Effects of recommendation on navigation.

Marginal note: Effects of decision on navigation. a their design, construction or operation;. b the making of deviations to them;. d the safety and security of their operation; and.

Marginal note: Existing terms and conditions. Marginal note: If pipeline affixed to any real property or immovables. a that section or part of the pipeline remains subject to the rights of the company and remains the property of the company as fully as it was before being affixed and does not become part of the real property or immovable of any person other than the company unless otherwise agreed by the company in writing and unless notice of the agreement in writing has been filed with the Regulator; and.

b subject to the other provisions of this Act, the company may create a lien, mortgage, charge or other security, or the company may constitute a hypothec, on that section or part of the pipeline.

a leave has been obtained under subsection 2 or 5 in respect of the pipeline;. b the certificate issued, or the order made under section , in respect of the pipeline contains a condition relating to the utility;.

c the pipeline has been constructed in circumstances specified in an order or regulation made under subsection 4 ;. d a certificate has been issued, or an order has been made under section , in respect of the pipeline and the pipeline passes in, on, over, under, through or across a navigable water; and.

e leave has been obtained under section of the National Energy Board Act in respect of the pipeline at any time before July 3, Marginal note: Definition of tariff. a specified in a tariff that is filed with the Regulator and is in effect; or.

b approved by an order of the Commission. a whether traffic is or has been carried under substantially similar circumstances and conditions for the purposes of section ;. b whether a company has complied with the provisions of section ; and. c whether there has been unjust discrimination for the purposes of section a to refund, in the manner that the Commission considers appropriate, the part of the tolls charged under the interim order that is in excess of the tolls determined by the Commission to be just and reasonable, together with interest on the amount to be refunded; or.

b to recover in its tolls, in the manner that the Commission considers appropriate, the amount by which the tolls determined by the Commission to be just and reasonable exceed the tolls charged under the interim order, together with interest on the amount to be recovered.

a offer, grant, give, solicit, accept or receive a rebate, concession or discrimination that allows a person to obtain transmission of hydrocarbons or any other commodity by a company at a rate less than that named in the tariffs then in effect; or.

b knowingly are party or privy to a false billing, false classification, false report or other device that has the effect set out in paragraph a. a receiving, transmitting and delivering the oil, gas or other commodity offered for transmission by means of its pipeline;.

b storing the oil, gas or other commodity; and. c joining its pipeline with other facilities for the transmission of oil, gas or any other commodity. a serve a notice on all owners of lands through which the pipeline passes, insofar as they can be ascertained; and.

a the person who filed the written statement or who requested the hearing files a notice of withdrawal with the Regulator; or. b the Commission considers that the opposition or request is frivolous or vexatious or is not made in good faith.

Marginal note: Costs and expenses related to abandonment. a order the company to use all or a portion of the funds or security to pay for the abandonment of the pipeline or to pay the costs and expenses related to the abandoned pipeline;.

b authorize a third party or an employee of the Regulator — or class of employees of the Regulator — to use all or a portion of the funds or security to pay for that abandonment or to pay those costs and expenses;.

c realize all or a portion of the security in order to enable a third party or the Regulator to pay for that abandonment or to pay those costs and expenses; and. d order that any surplus referred to in subsection 2 be paid into the Consolidated Revenue Fund and credited to the Orphan Pipelines Account.

a the subject of an order made under paragraph 2 a or an authorization given under paragraph 2 b or realized under paragraph 2 c , and. b they are used to pay for the abandonment of the pipeline or to pay the costs and expenses related to the abandoned pipeline.

Marginal note: Interest to be credited to Account. Marginal note: Amounts payable out of Account. a the funds or security referred to in subsection 1 are insufficient; or.

b the company is not the subject of an order under subsection 1. Marginal note: Provincial regulatory agency. a the determination of their location or detailed route;. b the acquisition, including by expropriation, or lease of land required for the purposes of those lines, the power to so acquire or lease land and the procedure for so acquiring or leasing it;.

c assessments of their impact on the environment;. d the protection of the environment against the consequences of the construction, operation and abandonment of those lines, and the mitigation of their effects on the environment;. e their construction and operation and the procedure to be followed in abandoning their operation.

Marginal note: Application of provincial laws. Marginal note: Powers, duties and functions of provincial regulatory agency. Marginal note: Recommendation and delay of issuance. a the effect of the power line on provinces other than those through which the line is to pass;.

b the impact of the construction or operation of the power line on the environment; and. c any other considerations that may be specified in the regulations.

a designate an international power line as an international power line that is to be constructed and operated in accordance with a certificate issued under section ; and.

b revoke any permit issued in respect of the line. a no permit is to be issued in respect of the power line; and. b any application in respect of the line is to be dealt with as an application for a certificate.

Marginal note: Election by applicant or holder. a no permit is to be issued in respect of the power line;. b any application in respect of the line is to be dealt with as an application for a certificate; and.

c any permit or certificate issued in respect of the line is revoked. Marginal note: Court of competent jurisdiction. a designate an interprovincial power line as an interprovincial power line that is to be constructed and operated in accordance with a certificate issued under section ; and.

b specify considerations to which the Commission must have regard in deciding whether to issue such a certificate. a an international power line in relation to which an order made under section is in force;. b an international power line in relation to which an election is filed under section ; or.

c an interprovincial power line in relation to which an order made under section is in force. g any relevant assessment referred to in section 92, 93 or 95 of the Impact Assessment Act.

a decide that the certificate should be issued and recommend to the Minister that the Governor in Council approve the issuance of the certificate; or. b decide that no certificate is to be issued and dismiss the application in respect of the line.

Marginal note: Time limit — Governor in Council. The Governor in Council may extend the time limit for doing so for any additional period or periods. c the decision referred to in subsection 4 is to be made within the time limit that is established under section d subsections 5 to 8 do not apply with respect to the application; and.

e subsection 11 applies with respect to the review panel. a international power lines in respect of which an election is filed under section ;.

b those parts of international power lines that are within a province in which no provincial regulatory agency is designated under section ; and. c interprovincial power lines in respect of which an order made under section is in force. a the plan, profile and book of reference of the section or part are approved by the Commission; and.

b copies, certified by the Regulator, of the approved plan, profile and book of reference have been deposited in the land registry office or other office where title to land is recorded for the area through which the section or part is to pass.

Marginal note: Application of certain provisions. a a company were a reference to the applicant for or holder of the permit or certificate issued in respect of the power line;.

b a pipeline were a reference to the international or interprovincial power line; and. c hydrocarbons or any other commodity were a reference to electricity.

Marginal note: Application of section — navigable waters. a a company were a reference to the holder of the permit or certificate; and. b a pipeline were a reference to the international power line.

Marginal note: Application of subsection 1. a leave has been obtained under subsection 2 or 5 in respect of the power line;.

b the permit referred to in section , or the certificate, issued in respect of the power line contains a condition relating to the utility referred to in subsection 1 ;. c the power line has been constructed in circumstances specified in an order or regulation made under subsection 4 ;.

d a permit referred to in section , or a certificate, has been issued in respect of the power line and the power line passes in, on, over, under, through or across a navigable water; and. e leave had been obtained under section of the National Energy Board Act in respect of the power line at any time before July 3, e the abandonment of their operation.

b those parts of international power lines that are within a province in which no provincial regulatory agency is designated under section ;. c international power lines if the facility in question is within the legislative authority of Parliament; and.

d interprovincial power lines in respect of which an order made under section is in force. a the permit or certificate contains a condition relating to that facility;. b the person has been granted leave under subsection 2 ; or. c the person is constructing the power line in circumstances specified in an order or regulation made under subsection 4.

It may require from the applicant any plans, profiles and other information that it considers necessary to consider the application. Marginal note: Prohibition — construction or ground disturbance. Marginal note: Prohibition — vehicles and mobile equipment. a that operation is authorized by orders or regulations made under section and done in accordance with them; or.

b the vehicle or mobile equipment is operated within the travelled portion of a highway or public road. a a company were a reference to the holder of the permit or certificate issued in respect of the international or interprovincial power line; and.

b a pipeline were a reference to the international or interprovincial power line. Marginal note: Costs of representations to Commission. a governing the design, construction, operation and abandonment of facilities constructed across, on, along or under an international or interprovincial power line;.

b prescribing the area for the purposes of subsection 1 ;. c authorizing the construction of facilities across, on, along or under an international or interprovincial power line;.

d authorizing ground disturbances within the prescribed area;. e governing the measures to be taken in relation to. i the construction of facilities across, on, along or under an international or interprovincial power line,.

ii the construction of an international or interprovincial power line across, on, along or under facilities, other than railways, and.

iii ground disturbances within the prescribed area;. f authorizing the operation of vehicles or mobile equipment across an international or interprovincial power line and governing the measures to be taken in relation to that operation;.

g governing the apportionment of costs directly incurred as a result of a construction or disturbance authorized under this subsection;. h specifying activities for the purposes of paragraph a of the definition ground disturbance in section 2 in respect of international or interprovincial power lines; and.

i authorizing a holder of a permit or certificate to give an authorization referred to in paragraph c , d or f on any conditions that the holder considers appropriate. a governing the apportionment of costs directly incurred as a result of a construction or disturbance authorized under this section; and.

b authorizing a holder of a certificate or permit issued under this Part to give an authorization referred to in paragraph 1 c , d or f on any conditions that the holder considers appropriate.

Marginal note: Temporary prohibition — ground disturbances. a at the end of the third working day after the day on which the request is made; or. b at any later time that is agreed to between the holder and the person making the request.

Marginal note: Variation or transfer of permits. Marginal note: Suspension or revocation of permits. a a company were a reference to the holder of the permit or certificate issued in respect of the line; and.

Marginal note: Non-application of subsections 1 to 3. a anything done under leave obtained under subsection 2 or 5 in respect of an international power line or of an interprovincial power line referred to in subsection 1 ;. b in the case of an interprovincial power line referred to in subsection 1 ,.

i any section or part of the power line that passes on, over, along or under a facility if a certificate has been issued in respect of the power line and the certificate contains a condition relating to that facility, or. ii any section or part of the power line that passes in, on, over, under, through or across a navigable water if a certificate has been issued in respect of the power line;.

c in the case of an international power line,. i any section or part of the line that passes on, over, along or under a facility if a permit referred to in section , or a certificate, has been issued in respect of the line and the permit or certificate contains a condition relating to that facility, or.

ii any section or part of the line that passes in, on, over, under, through or across a navigable water if a permit referred to in section , or a certificate, has been issued in respect of the line;.

d anything done under any leave obtained under section of the National Energy Board Act at any time before July 3, a prescribing matters in respect of which conditions of permits may be imposed;.

b respecting the information to be furnished in connection with applications for permits;. c specifying considerations to which the Commission must have regard in deciding whether to recommend to the Minister that an international power line be designated by order of the Governor in Council under section ; and.

d prescribing the form of elections filed under section Marginal note: Regulations — excluded periods. Marginal note: Certificate or order before June 1, a a company were a reference to the applicant for or holder of the certificate issued in respect of the power line or the person who operates the line in respect of which the order was made;.

b a pipeline were a reference to the international power line; and. Marginal note: Terms and conditions before July 3, Marginal note: Prohibition — work or activity. a carry on, in the offshore area, any work or activity that is related to an offshore renewable energy project or to an offshore power line; or.

b carry on any work or activity to construct, operate or abandon any part of an offshore power line that is in a province. a each work or activity that is proposed to be carried on, in the offshore area, in relation to an offshore renewable energy project or to an offshore power line; and.

b each work or activity that is proposed to be carried on to construct, operate or abandon any part of an offshore power line that is in a province. c liability for loss, damage, costs or expenses related to debris;.

d the carrying out of safety studies or environmental programs or studies; and. e certificates of fitness and who may issue them. a despite the time limit established under subsections 4 and 5 , the Commission must make its decision under subsection 4 within seven days after the day on which the decision statement with respect to the project is posted on the Internet under section 66 of that Act;.

b the Commission must make its decision under subsection 4 solely on the basis of the report referred to in paragraph 51 1 d of that Act; and.

c subsections 3 and 6 to 8 do not apply with respect to the application. Marginal note: Recovery of loss, etc. a all persons to whose fault or negligence the debris is attributable or who are by law responsible for others to whose fault or negligence the debris is attributable are jointly and severally, or solidarily, liable, to the extent determined according to the degree of the fault or negligence proved against them, for that loss, actual loss or damage and for those costs and expenses; and.

b the person who is required to obtain an authorization in respect of the work or activity from which the debris originated is liable, without proof of fault or negligence, up to the applicable limit of liability that is determined under this section, for that loss, actual loss or damage and for those costs and expenses.

Marginal note: Vicarious liability for contractors. Marginal note: Increase in limits of liability. Marginal note: Liability under another law — paragraph 1 b. If the other Act does not set out a limit of liability, the limits determined under this section do not apply.

Marginal note: Action — loss of non-use value. Claims in favour of persons incurring actual loss or damage described in subsection 1 are to be distributed pro rata and rank in priority over claims for costs and expenses described in that subsection, and the claims for costs and expenses rank in priority over claims to recover a loss of non-use value described in that subsection.

c the operation of any applicable law or rule of law that is not inconsistent with this section. Marginal note: Definition of actual loss or damage.

It does not include loss of income recoverable under subsection 42 3 of the Fisheries Act. The proof must be in the form and manner that are prescribed by regulation or, in the absence of regulations, that are specified by the Regulator.

Marginal note: Proof of financial responsibility. The proof must be in the form of a letter of credit, guarantee or indemnity bond or in any other form satisfactory to the Regulator. Marginal note: Application of provisions in Part 4. a an international or interprovincial power line were a reference to an offshore power line; and.

b a permit referred to in section or a certificate were a reference to an authorization. Marginal note: Application of subsection 2. Marginal note: Application of provisions in Part 6.

a a company were a reference to the applicant for or holder of the authorization issued in respect of the power line;. b a pipeline or line were a reference to that part of the power line; and.

a leave has been obtained under subsection 2 or 5 in respect of that part;. b the authorization in respect of the power line contains a condition relating to the utility referred to in subsection 1 ;. c the power line has been constructed in circumstances specified in an order or regulation made under subsection 4.

Marginal note: Application of subsections 1 to 3. a a company were a reference to the holder of the authorization issued in respect of the power line; and. b a pipeline or line were a reference to that part of the power line. a anything done under leave obtained under subsection 2 or 5 in respect of any part of an offshore power line that is in a province; and.

b any such part that passes on, over, along or under a facility if an authorization has been issued in respect of the power line and the authorization contains a condition relating to that facility. Marginal note: Application of sections and a a company were a reference to a person; and.

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On August 10, the federal government issued its proposed Clean Energy Regulations Clean Electricity Regulations CERs. The CERs introduce a prohibition against electricity generation units emitting more than an annual average of 30 tonnes of carbon emissions per GWh of electricity generated over a calendar year.

The proposed CERs would apply to all units with a capacity of 25 MW or greater that generate electricity using fossil fuels, and that are connected to an electricity system that is subject to NERC [1] reliability standards. The CERs also introduce registration, reporting and record-keeping requirements.

All qualifying units must register with the federal Ministry of Environment and Natural Resources in to demonstrate awareness of the applicable performance standard, and report on certain prescribed information to facilitate monitoring, compliance and enforcement activities going forward.

Annual reports including the number of hours the unit produced electricity and the quantity of emissions must thereafter be submitted by the following June 30 for the previous calendar year. Other emissions deductions may also be made including emissions in connection with the production of useful thermal energy and hydrogen, as well as certain prescribed stored emissions.

The latter effectively allows gas-fired generation units to remain on the system to serve peak demand periods post While the Plan recognizes the important role the federal government will play in achieving its targets, it also emphasizes the important roles provinces and territories, municipalities and regional governments, indigenous peoples and other partners will have to play in the future.

The Plan notes that decisions about intra-provincial and territorial generation, transmission and distribution of electricity are a matter for provinces and territories, and that the provinces and territories are ultimately responsible for electricity policy, market and regulatory structures as well as electricity systems and management and implementation of these matters.

A dealer must file an energy efficiency report with Natural Resources Canada only when a product model is not already listed in NRCan 's database. Dealers can check with NRCan to find out if an energy-using product is already listed. Products that are included in NRCan's searchable product list of compliant models can be imported into Canada and shipped between provinces or territories, provided no changes have been made to the product that affect its energy efficiency.

If a product is not yet listed with NRCan, the dealer must submit a report for the product before importing it or shipping it between provinces or territories. The energy efficiency report templates are available electronically Excel spreadsheet and can be submitted to Natural Resources Canada via email.

Reports may also be submitted in hard copy by post or fax or on diskette by post. Today more and more certification bodies are submitting energy efficiency reports as part of their client service. This eliminates the need for the dealer or manufacturer to provide proof of certification with each submittal and typically facilitates data processing and listing.

NRCan checks the information in an energy efficiency report to make sure that the product meets the prescribed energy efficiency standard. If it does, the product model is added to NRCan 's searchable product list of models.

If a product does not meet the prescribed energy efficiency level, NRCan will contact the dealer to correct the situation before the first importation or shipment of the product.

NRCan will also request information from dealers who do not file the required energy efficiency reports, or who file incomplete reports. Canada Border Services Agency CBSA regularly sends information about importations of regulated products to NRCan.

This information is cross-matched with information in the database to determine compliance with the Regulations.

NRCan can instruct customs officials to stop the importation of a product that does not meet the prescribed energy efficiency standard. A dealer who imports a regulated energy-using product into Canada must, at the time of release, include specific information regarding the product, as well as the purpose of its importation on the customs release document.

Only if incorporated into another product are the following energy-using products exempt from providing this information:. A dealer who is importing a regulated energy-using product into Canada must include the following information on the customs release document:. If the customs release document is not complete or if the product does not meet energy efficiency standards, the customs officer may refuse to allow the product to clear customs.

The customs release document must be submitted electronically to CBSA Canada Border Services Agency. Dealers must always include the required information on the customs release document, regardless of when the product was manufactured.

There is an exemption for CFL compact fluorescent lamps and an alternative for external power supplies as per section 4 of the Regulations. An energy efficiency verification mark indicates that the energy performance of the product has been verified.

It is not a safety certification mark. The certification body must be accredited by the Standards Council of Canada to operate an energy efficiency certification program for the product. Under some provincial or territorial laws, a province or territory can issue a label that indicates that the product meets the energy efficiency levels of the province or territory.

NRCan accepts these labels as verification marks if the provincial or territorial energy efficiency standards are equivalent to, or exceed, the federal standards. The verification mark must be affixed to a surface of the product in such a way that it is readily visible.

In the case of battery chargers, external power supplies, and some prescribed lamps CFL, general service lamps, modified spectrum incandescent lamps, general service fluorescent lamps, general service incandescent reflector lamps , the verification mark can be affixed to the exterior of the product's package.