Forward Regulatory Plan: Cost Recovery Regulations

Enabling act(s)
Canadian Energy Regulator Act

Description
On 28 August 2019, the National Energy Board became the Canada Energy Regulator (CER). Regulations made under the National Energy Board Act remain in force under the Canadian Energy Regulator Act (CER Act) until they are repealed or others made in their stead. New regulations and updates to existing regulations are being implemented through a phased approach.

The Cost Recovery Regulations set out the manner in which the CER determines the costs related to carrying out its mandate and the process for recovering all or a portion of those costs from the companies it regulates. Section 87 of the CER Act provides that regulations may be made for recovering all costs attributable to the CER’s mandate and including costs for applications that are denied or withdrawn.

The Cost Recovery Regulations will be updated to reflect the changes in the regulation-making authority introduced by the CER Act.

The CER’s cost recovery regulations are based on a three year billing cycle. Transitional regulations for cost recovery provide clarity that the current regulations remain in place over a multiple-year billing cycle, across the transition period from the NEB to the CER.

This regulatory initiative is associated with the CER’s Regulatory Stock Review Plan.

Regulatory cooperation efforts (domestic and international)
There are no regulatory cooperation efforts related to this proposal. It does not impact other governments, including other countries, provinces, or territories.

Potential impacts on Canadians, including businesses
The proposed regulatory change is expected to update the cost recovery framework for CER-regulated companies and facilities. The proposed regulations are not expected to affect Canadians or involve significant impacts on international trade or investment.

Consultations
We are aiming to begin engagement during the fall of 2021. Information on consultation opportunities will appear on the CER’s Consultation and Engagement Activities webpage.

Further information

Canada Energy Regulator contact information
Rumu Sen
Regulatory Policy
Telephone: (403) 390-6177
Toll Free: 1-800-899-1265
Fax: (403) 292-5503
Email: rumu.sen@cer-rec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan
April 1, 2019

Consult the Canada Energy Regulator’s Acts and Regulations web page for:

  • a list of acts and regulations administered by the Canada Energy Regulator
  • further information on the Canada Energy Regulator’s implementation of government-wide regulatory management initiatives

Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada:

To learn about upcoming or ongoing consultations on proposed federal regulations, visit:

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