Filing Manual – Guide A – Facilities Applications

Table of Contents

For a proposed project that involves constructing or modifying facilities that require an application under the CER Act, the Commission must satisfy itself, or make recommendations to the Governor in Council, that the facilities are and will be required for the present and future public convenience and necessity. The Commission may consider information relating to:

  • engineering;
  • environment and socio-economics;
  • economics and financial matters;
  • lands; and
  • any public interest that may be affected by the granting or refusing of the application.

Guide A establishes the information required in each of these instances.

S. 183 Applications

Applications under s. 183 of the CER Act trigger a public hearing, either written or oral. Applicants should refer to the information requirements outlined in:

S. 214 Applications

S. 214 of the CER Act permits the Commission to make orders exempting certain facilities from any or all of the provisions of ss. 179, 180(1), 182, 198, 199, and 213 of the CER Act.

214 (1) The Commission may, by order, exempt from the application of any or all of the provisions of ss. 179, 180(1), 182, 198, 199 and 213

  1. (a) pipelines or branches of or extensions to pipelines, of not more than 40 kilometres in length;
  2. (b) pipelines that have already been constructed; and
  3. (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.

While applications made under s. 214 do not automatically trigger a public hearing, the Commission will still assess the application with respect to:

  • public engagement;
  • engineering;
  • environment and socio-economics;
  • economics; and
  • lands.

As such, applicants should refer to the information requirements outlined in:

  • Chapter 3, Common Information Requirements;
  • Chapter 4, Physical Projects, including ss. 4.1 and 4.2 and all sections within Guide A – Facilities Applications (CER Act s. 183 and s. 214).

Operations and Maintenance Activities

Operations and maintenance activities are defined within the “Operations and Maintenance Activities on Pipelines Regulated Under the National Energy Board Act: Requirements and Guidance Notes”. Operations and maintenance activities do not require an application under s. 214 of the CER Act. The CER recommends that Companies review the requirements and guidance notes for operations and maintenance activities to determine if notification of these activities is required.

S. 214 Streamlining Order

This Order provides the Commission’s approval for the construction and operation of certain classes of oil and gas projects regulated under the CER Act. If the proposed project meets all the requirements found within Schedule “A” attached to the Order, an application is not necessary.

The Order also contains the guidance on the process for identifying and reporting on eligible projects. A copy of the Streamlining Order and Schedule “A” follows:

  • Section 58 Streamlining Order XG/XO-100-2012, dated 1 August 2012 [Filing A43203]
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