The regulations provide the circumstances when time periods may be excluded from the calculation of time limits set in the Canadian Energy Regulator Act (CER Act) for the assessment of applications submitted under CER Act sections 183 and 214 (pipelines), 262 (power lines), and 298 (offshore renewable energy and power line projects).
The circumstances in which the Lead Commissioner can designate an excluded period are:
If the project applicant submits a written request to the Commission of the CER, requesting for a period to be excluded.
If the Commission is of the opinion that a change to the project’s design, or operation or construction plans, requires the undertaking of studies or the collection of additional information.
If the applicant has not paid the fees, levies or charges payable under the CER’s cost recovery scheme (as per CER Act s. 87).
The CER Act provides that, in the circumstances provided in the Regulations, the Lead Commissioner may specify that a period is to be excluded from the calculation of the time limit within which the Commission must make its decision or recommendation, and must provide the reasons for excluding that period.