On Wednesday, August 28, 2019, the National Energy Board (NEB) became the Canada Energy Regulator (CER). For further information please visit our Implementing the Canadian Energy Regulator Act information page

Filing Manual

Filing Manual [PDF 2091 KB]

Filing Manual

Copyright/Permission to Reproduce

August 2020

The CER will no longer provide hard copy pages for insertion to binders effective January 2020. Please see the CER’s website for the most current HTML and PDF versions of the Filing Manual.

Table of Contents

Table of Contents

List of Tables

List of Figures

Glossary of Terms

List of Abbreviations

Chapter 1 – Introduction

Chapter 1 – Introduction

Chapter 2 – Instructions to Users

Chapter 2 – Instructions to Users

Chapter 3 – Common Information Requirements

Chapter 3 – Common Information Requirements

Chapter 4 – Physical Projects

Chapter 4 – Physical Projects

Guide A – Facilities Applications

Guide A – Facilities Applications

A.1 – Engineering

A.1 – Engineering

A.2 – Environmental and Socio-economic Assessment

A.2 – Environmental and Socio-economic Assessment

A.3 – Economics and Financing

A.3 – Economics and Financing

A.4 – Lands Information

A.4 – Lands Information

Guide B – Abandonment Funding and Applications to Abandon

Guide B – Abandonment Funding and Applications to Abandon

Guide C – Protection of Pipelines From Ground Disturbance, Facility Construction, Crossings and Mining Operations (CER Act s. 335 and s. 338)

Guide C – Protection of Pipelines From Ground Disturbance, Facility Construction, Crossings and Mining Operations (CER Act s. 335 and s. 338)

Guide D – Deviations (CER Act s. 45)

Guide D – Deviations (CER Act s. 45)

Guide E – Change in Class Location (OPR s. 42)

Guide E – Change in Class Location (OPR s. 42)

Guide F – Change of Service or Increase in Maximum Operating Pressure (OPR s. 43)

Guide F – Change of Service or Increase in Maximum Operating Pressure (OPR s. 43)

Guide G – Deactivation (OPR s. 44)

Guide G – Deactivation (OPR s. 44)

Guide H – Reactivation (OPR s. 45)

Guide H – Reactivation (OPR s. 45)

Guide I – Processing Plants: Deactivation and Reactivation (PPR s. 42 and s. 43)

Guide I – Processing Plants: Deactivation and Reactivation (PPR s. 42 and s. 43)

Guide J – Commodity Pipeline Systems

Guide J – Commodity Pipeline Systems

Guide K – Decommissioning

Guide K – Decommissioning

Guide L – Early Engagement Guide

Guide L – Early Engagement Guide

Chapter 5 – Applications not for Physical Projects

Chapter 5 – Applications not for Physical Projects

Guide O – Review, Rehearing or Variance Applications (CER Act s. 69)

Guide O – Review, Rehearing or Variance Applications (CER Act s. 69)

Guide P – Tolls and Tariffs (ss. 225-240 of CER Act)

Guide P – Tolls and Tariffs (ss. 225-240 of CER Act)

Guide Q – Export and Import Authorizations (ss. 344-347 of the CER Act and Associated Regulations)

Guide Q – Export and Import Authorizations (ss. 344-347 of the CER Act and Associated Regulations)

Guide R – Transfer of Ownership, Lease or Amalgamation (CER Act s. 181)

Guide R – Transfer of Ownership, Lease or Amalgamation (CER Act s. 181)

Guide S – Access on a Pipeline (CER Act s. 239)

Guide S – Access on a Pipeline (CER Act s. 239)

Guide T – Leave to Open (CER Act s. 213)

Guide T – Leave to Open (CER Act s. 213)

Guide U – Information Filed Respecting Plan, Profile, Book of Reference and Notices (CER Act s. 199 and s. 201)

Guide U – Information Filed Respecting Plan, Profile, Book of Reference and Notices (CER Act s. 199 and s. 201)

Guide V – Right-of-Entry Application (CER Act s. 324)

Guide V – Right-of-Entry Application (CER Act s. 324)

Guide W – Requirements for Substituted Service Applications

Guide W – Requirements for Substituted Service Applications

 

Chapter 6 – Non-Application Information Filings

Chapter 6 – Non-Application Information Filings

Guide AA – Post Certificate or Order Requirements

Guide AA – Post Certificate or Order Requirements

Guide BB – Financial Surveillance Reports (Toll Information Regulations)

Guide BB – Financial Surveillance Reports (Toll Information Regulations)

Guide CC – Import and Export Reporting Requirements

Guide CC – Import and Export Reporting Requirements

Chapter 7 – Referenced Documents

Chapter 7 – Referenced Documents

Appendix 1 Filing Manual Checklists

Appendix 1 Filing Manual Checklists

List of Tables

List of Tables

List of Figures

List of Figures

Glossary of Terms

Glossary of Terms

Glossary of Terms
Term Definition

Abandon

The permanent cessation of the operation of a pipeline which results in the discontinuance of service.

Abandoned Pipeline

A pipeline, the operation of which has been abandoned with leave of the Commission as required by s. 241(1) of the Canadian Energy Regulator Act, and that remains in place.

Accountable Officer

Person appointed as accountable officer under s. 6.2(1) of the Canadian Energy Regulator Onshore Pipeline Regulations [OPR s. 1].

Action Plans

The competent minister is required to prepare one or more action plans based on the recovery strategy for a listed species. The action plan or plans and any amendments will be included in the public registry established under the Species at Risk Act.

Adverse Effect

The impairment of or damage to the environment or the health of humans, or damage to property or loss of reasonable enjoyment of life or property.

Allowance for Funds Used During Construction (AFUDC)

An amount allowed to be included in the construction costs of a project or the cost of funds used during the period of construction when a utility undertakes to construct its own facilities.

Baseline Information

The state of the environment, or environmental or socio-economic setting for a particular element providing a reference point for the element, with which to compare future conditions, and potential project effects.

Base Year

A period, usually a calendar year, of the most recent twelve consecutive months of actual data.

Booked Amount

The final amount recorded in the appropriate account under the Gas Pipeline Uniform Accounting Regulations or the Oil Pipeline Uniform Accounting Regulations.

Commission

The Commission of comprised of up to seven full-time Commissioners and may also include part-time Commissioners. The Commission makes regulatory decisions as set out in the Canadian Energy Regulator Act and other legislation.

Contaminant

A substance that is present or released in the environment at an amount, concentration, level or rate that results in or may result in an adverse effect.

Critical Habitat

The habitat that is necessary for the survival or recovery of a listed wildlife species and that is identified as the species’ critical habitat in the recovery strategy or in an action plan for the species [Species at Risk Act s. 2(1)].

Cumulative Effects

Changes to the environment that are caused by an action in combination with other past, present and future human actions. (’Action’ includes projects and activities.)

Current Year

The 12-month period, usually a calendar year, preceding the test year. Amounts for a current year would usually involve data for a portion of the year and estimated data for the rest of the year.

Deleterious Substance

  1. (a) any substance that, if added to any water, would degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water; or
  2. (b) any water that contains a substance in such quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any other water, degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water [Fisheries Act s. 34(1)].

Designated Project

A project designated under the Physical Activities Regulations as a physical activity requiring a federal impact assessment under the Impact Assessment Act

Easement

An agreement under which a company acquires the right to use the land for the pipeline or powerline. It is a written contract that sets out the rights of the company and rights of the landowner for the use of the right of way.

Environmental Effect

In respect of a project, any change that a project may cause to a bio-physical element found in Table A-2, and any effect of any such change on a socio-economic element (See definition of Socio-economic effect).

Environmentally Sensitive Area

An area designated in regional or local land use plans, or by a local, regional, provincial or federal government body as being sensitive to disturbance or identified by an applicant as being sensitive for some reason.

Federal Lands

Under s. 82 of the Impact Assessment Act, the CER must make a significance determination for any projects on federal lands. The Impact Assessment Act defines federal lands as:

  1. (a) lands that belong to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above those lands, other than lands under the administration and control of the Commissioner of the Yukon, Northwest Territories or Nunavut;
  2. (b) the following lands and areas:
    1. i. the internal waters of Canada, in any area of the sea not within a province,
    2. ii. the territorial sea of Canada, in any area of the sea not within a province,
    3. iii. the exclusive economic zone of Canada, and
    4. iv. the continental shelf of Canada; and
  3. (c) reserves, surrendered lands and any other lands that are set apart for the use and benefit of a band and that are subject to the Indian Act, and all waters on and airspace above those reserves or lands.

Fee Simple Owner

The person or legal entity that is in the legal possession of land. Usually it is the person named on the title.

Fish

Means water frequented by fish and any other areas on which fish depend directly or indirectly to carry out their life processes, including spawning grounds and nursery, rearing, food supply and migration areas [Fisheries Act s. 2(1)].

Fish Habitat

Means water frequented by fish and any other areas on which fish depend directly or indirectly to carry out their life processes, including spawning grounds and nursery, rearing, food supply and migration areas [Fisheries Act s. 2(1)].

Group 1 and Group 2 Companies

In 1985, for financial regulatory purposes, the National Energy Board divided the pipeline companies under its jurisdiction into two groups: Group 1 companies with more extensive systems; and Group 2 companies that operate smaller systems.

Heritage Resources

Cultural, historic, archaeological and paleontological resources are collectively known as heritage resources and can include pre-contact and post-contact features.

Human Health

A state of complete physical, mental and social well-being, and the ability to adapt to the stresses of daily life; it is not merely the absence of disease or infirmity.

Human Health Assessment

Considers the effect of hazardous substances, environmental factors and exposure conditions on local and regional populations. It may consist of qualitative and quantitative assessments

Indigenous

Includes the First Nations, Inuit and Métis peoples of Canada.

Management Systems

The management system set out in ss. 6.1 to 6.6 of the Canadian Energy Regulator Onshore Pipeline Regulations [OPR s. 1].

Migratory Bird

Migratory Bird Includes the sperm, eggs, embryos, tissue cultures and parts of the bird [Migratory Birds Convention Act, 1994 s. 2(1)].

Mitigation

In respect of a project, the elimination, reduction or control of the adverse environmental effects of the project, and includes restitution for any damage to the environment caused by such effects through replacement, restoration, compensation or any other means.

Monitoring

Activities for resolving specific outstanding environmental issues, observing the potential environmental effects of a project, assessing the effectiveness of mitigation measures undertaken, identifying unanticipated environmental issues and determining the action required based on the result of these activities.

Navigable Water or Waterway

Includes a canal and any other body of water created or altered as a result of the construction of any work. As well, a navigable water is considered as any body of water capable, in its natural state, of being navigated by floating vessels of any description for the purpose of transportation, recreation or commerce, and may also be a human-made feature such as a canal or reservoir.

Navigation

Use of a vessel for transportation, recreation, or commerce on a navigable waterway.

Owner

For the purposes of ss. 320 to 334 of the Canadian Energy Regulator Act, the ‘owner’ is not restricted to the fee simple owner or to freehold landsFootnote 1. In this regard, an owner may include any interest in, or possession of land, such as the fee simple owner, Indigenous title, the administrators of crown and public lands and occupants of land. The interest held may be registered or unregistered.

With respect to ss. 199 and 201 of the Canadian Energy Regulator Act, the owner of lands includes the fee simple owner and may also include any other interest held in the land, as described above. When determining the owners of lands required for the project, the applicant should consider all potential owners of the lands required and implement its notification and acquisition processes pursuant to the Act.

Physical Project

Applications being of a physical nature including those applications required by the Canadian Energy Regulator Onshore Pipeline Regulations and the Canadian Energy Regulator Processing Plant Regulations as well as some pursuant to the Canadian Energy Regulator Act.

Pipeline

A line that is used or to be used for the transmission of oil, gas or any other commodity and that connects a province with any other province or provinces or extends beyond the limits of a province or the offshore area as defined in s. 368 of the Canadian Energy Regulator Act, and includes all branches, extensions, tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio and real and personal property and works connected therewith, but does not include a sewer or water pipeline that is used or proposed to be used solely for municipal purposes [Canadian Energy Regulator Act s. 2].

Plant Account

An account listed in either Schedule IV of the Gas Pipeline Uniform Accounting Regulations or Schedule II of the Oil Pipeline Uniform Accounting Regulations, as appropriate.

Processing Plant

A plant used for the processing, extraction or conversion of fluids and all structures located within the boundaries of the plant, including compressors and other structures integral to the transportation of fluids. [Canadian Energy Regulator Processing Plant Regulations s. 1]

Rate Base

The net cost of investment on which an applicant expects to earn a return for a given test year.

Reclamation

The process of re-establishing a disturbed site to a former or other productive use, not necessarily to the same condition that existed prior to disturbance. The land capability may be at a level different (i.e., lower or higher) than that which existed prior to the disturbance, depending on the goal of the process. Reclamation includes the management of a contaminated site and revegetation where necessary. Reclamation is not considered complete until the goals for reclamation have been achieved.

Recovery Strategy

A strategy for the recovery of a listed extirpated, endangered or threatened species prepared by the competent minister (as defined under the Species at Risk Act, s. 2(1)). If the recovery of the listed species is feasible, the recovery strategy must address the threats to the survival of the species identified by the Committee for the Status of Endangered Wildlife in Canada, including any loss of habitat. The recovery strategy and any amendments will be included in the public registry established under the Species at Risk Act.

Regulated Entity

An economic unit operating a pipeline and subject to oversight by a regulatory body having jurisdiction.

Residual Effects

Effects that are present after mitigation is applied.

Responsible Authority

In relation to a project, a federal authority that is required pursuant to s.15 of the Canadian Environmental Assessment Act, 2012 to ensure that an environmental assessment of the project is conducted.

Right of Entry

The right of access to, and use of, land surface.

Right-of-Entry Order

An order by the Commission of the Canada Energy Regulator made under the Canadian Energy Regulator Act granting a company access to, and use of, a defined portion of land for the purposes as set out in the order.

Right of Way (RoW)

The strip of land acquired for which a company has obtained the rights for the construction and operation of the pipeline or powerline.

Serious Harm to Fish

The death of fish or any p[ermanent alteration to, or destruction of, fish habitiat.

Socio-economic Effect

In respect of a project, any effect on a socio-economic element found in Table A-3, including effects resulting from a change in the environment (See definition of Environmental Effect).

Species at Risk

A federally-listed extirpated, endangered or threatened species or a species of special concern [Species at Risk Act s. 2(1)].

Species of Special Status

Species listed under provincial jurisdiction or of recognized importance because they are vulnerable, threatened, endangered or extirpated.

Study Area

The area within the spatial boundaries of the scope of the environmental and socio-economic effects assessment. Since the spatial boundaries of the assessment may vary with different biophysical and socio-economic elements, the study area may also vary.

Test Year

A future 12-month period, usually a calendar year, when the new tolls would be in effect.

Traditional Territory

Area where an Indigenous community has claimed or asserted the right to use the land for traditional purposes such as hunting, fishing, trapping, gathering or spiritual activities. One or more Indigenous communities may claim the same lands as their traditional territory.

Valued Ecosystem Component (VEC)

Resources or environmental features that have all or some of the following features:

  • importance to local human populations;
  • regional, national or international profiles; or
  • if altered from their existing status will be important in evaluating the impacts of development or human actions, and in focusing management or regulatory policy.

Valued Socio-cultural Component (VSC)

Cultural, social, economic or health aspects of the study population that, if affected by the project, would be of concern to local human populations or government regulators.

Water Body

A water body, including a canal, reservoir, an ocean and a wetland, up to the high-water mark, but does not include a sewage or waste treatment lagoon or mine tailings pond.

Wetlands

Land where the water table is at, near, or above the surface, or which is saturated for a long enough period to promote wetland or aquatic processes as indicated by wet-altered soils, water tolerant vegetation and various kinds of biological activity which are adapted to a wet environment. Wetlands include organic wetlands or “peatlands”, and mineral wetlands or mineral soil areas that are influenced by excess water, but produce little or no peat.

List of Abbreviations

List of Abbreviations

List of Abbreviations

Abbreviation

Definition

ADR

Appropriate Dispute Resolution

AFUDC

allowance for funds used during construction

bbl

barrell

oC

degrees Celsius

CCME

Canadian Council of Ministers of the Environment

CER

Canada Energy Regulator

CEAA 2012

Canadian Environmental Assessment Act, 2012

CEA Agency

Canadian Environmental Assessment Agency

cf

cubic feet

cf/d

cubic feet per day

CIF

cost, insurance and freight

CSA

Canadian Standards Association

CSA Z662

Canadian Standards Association Standard Z662, Oil and Gas Pipeline Systems latest version as amended from time to time

DOC

Depth of Cover

DFO

Fisheries and Oceans Canada

DPR – Authorizations

Canadian Energy Regulator Damage Prevention Regulations – Authorizations

ESA

environmental and socio-economic assessment

EPP

environmental protection plan

GPUAR

Gas Pipeline Uniform Accounting Regulations

G/OPUAR

Gas/Oil Pipeline Uniform Accounting Regulations

H2S

hydrogen sulfide

IA Act

Impact Assessment Act

IAAC

Impact Assessment Agency of Canada

ISO

International Organization for Standardization

kPa

kilopascals

LNG

liquefied natural gas

cubic metre

MJ/m³

megajoules per cubic metre

MOP

maximum operating pressure

MPa

megapascals

NEB

National Energy Board. On August 28, 2019 the NEB became the Canada Energy Regulator.

CER Act

National Energy Board Act

NGL

natural gas liquids

NO2

nitrogen oxide

NPRI

National Pollutant Release Inventory

O3

ozone

OPR

Canadian Energy Regulator Onshore Pipeline Regulations

OPUAR

Oil Pipeline Uniform Accounting Regulations

Part VI Regulations

National Energy Board Act Part VI (Oil and Gas) Regulations

P&ID

process and instrumentation diagram

Post-construction report

post-construction environmental monitoring report

PPBoR

plans, profiles and books of reference

PPR

Canadian Energy Regulator Processing Plant Regulations

QA

quality assurance

Reporting Regulations

National Energy Board Export and Import Reporting Regulations

RoW

Right of Way

Rules

National Energy Board Rules of Practice and Procedure, 1995

SARA

Species at Risk Act

SCADA

supervisory control and data acquisition

SI

International System of Units

SO2

sulphur dioxide

UTM

Universal Transverse Mercator

VEC

Valued Ecosystem Component

VSC

Valued Socio-cultural Component

Valued Component

VEC and VSC

106

million

109

billion

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