2024–25 Annual Report of the Commission of the Canada Energy Regulator - Appendix C: Summary of Released Commission Decisions, Recommendations and In Progress Hearing Applications
The Commission adjudicates a multitude of matters under the CER Act. These range from smaller facilities applications, such as those assessed under section 214 of the CER Act, abandonment of facilities that are no longer required, land matters complaints, compensation matters and large-scale pipeline projects assessed under section 183 of the CER Act, to decisions on shipper complaints, company tolls hearings, abandonment cost estimates and electricity permits and certificates.
The Commission’s processes are designed to be fair, inclusive, transparent and efficient. The Commission exercises its powers and performs its duties and functions in a manner that respects the Government of Canada’s commitments with respect to the rights of Indigenous Peoples and offers meaningful engagement opportunities to stakeholders. This keeps Canada’s energy infrastructure safe, protects people and the environment, and enhances Canada’s global competitiveness.
2024-25 Commission Decisions and Recommendations
Decision Reports and Recommendations are the result of larger proceedings (such as applications under section 183 of the CER Act, tolls and tariff applications, etc.). Decisions and recommendations issued by the Commission from 1 April 2024 to 31 March 2025 are described below.
Pipeline Infrastructure:
Westcoast Energy Inc. – Application for the Aspen Point Program
Decision: The Commission found that the Aspen Point Program (Project) is in the public interest and approved the Application under section 214 of the CER Act.
Background: On 8 January 2024, Westcoast applied to the CER for approval to construct and operate the Project in northern British Columbia, which includes 18 km of new pipeline in three segments, three new overhead power lines, and other supplementary components. The purpose of the Project was to expand the Transmission North part of the Westcoast system to meet the capacity demands of shippers. As part of this expansion, Westcoast also proposed to add new electric drive compressor units.
Interest was received from Indigenous groups and a landowner, requiring their participation in the process.
The Commission released its decision and orders on 19 December 2024.
Order number: XG-017-2024 and TG-010-2024
REGDOCS File number: C32861
Panel of Commissioners: T. Grimoldby, Presiding Commissioner; K. Penney, Commissioner; S. Sajnovics, Commissioner
Tolls and Tariffs Decisions:
South Bow GP (Canada) Ltd. (formerly TransCanada Keystone Pipeline GP Ltd.) – RH-005-2020 Compliance Filing
Decision: The Commission found that South Bow’s proposed Drag Reducing Agent (DRA) allocation methodology will result in just and reasonable tolls for 2020 and 2021, with a modification to remove the step that allocates to the Variable Toll DRA used to transport additional make-up right volumes.
Background: In December 2019, Phillips 66 Canada (Phillips) and Cenovus Energy Inc (Cenovus) filed a complaint with respect to South Bow’s (formerly Keystone) proposed 2020 tolls. Phillips and Cenovus took issue with certain costs that South Bow included in the variable portion of its tolls that flow through to shippers, including DRA expenses. A subsequent complaint was filed with respect to proposed 2021 tolls. On 14 December 2022, the Commission issued the RH-005-2020 Reasons for Decision (Phase 1 Decision). In its Phase 1 Decision, the Commission determined that certain costs, including DRA expense where DRA has been used to expand the system’s long-term sustainable capacity, were not recoverable in the Variable Toll. The Commission then directed South Bow, through Toll Order TO-005-2022, to recalculate and refile 2020 and 2021 tolls to remove these costs from the Variable Tolls.
On 14 April 2023, Keystone filed an application, pursuant to Condition 2 of TO-005-2020, seeking Commission approval of a methodology to allocate certain of its DRA expenses to its Variable Tolls.
Hearing Order number: n/a
The Commission released its reasons for decision and order on 11 March 2025.
Order number: TO-001-2025
REGDOCS File number: C33714
Panel of Commissioners: T. Grimoldby, Presiding Commissioner; S. Luciuk, Commissioner; M. Chartier, Commissioner
Abandonments:
Westcoast Energy Inc. – Application for the Pointed Mountain Pipeline Abandonment Program
Decision: The Commission approved the Application to abandon the 56 km Pointed Mountain Pipeline located in an area crossing the Northwest Territories, Yukon Territory, and British Columbia borders.
Background: In February 2022, Westcoast applied to abandon in place its deactivated Pointed Mountain Pipeline. The application included a request for an exemption from paragraph 4(1)(d) of the Onshore Pipeline Regulations (OPR) as it relates to clause 10.16.3 of the CSA Z662-23 regarding six test lead posts. As the Project crossed from British Columbia, into the Northwest Territories and then into the Yukon, the Commission had regulatory responsibilities under the CER Act as well the MVRMA and the YESAA. The Commission considered the relevant evidence in the context of each of these acts and was satisfied that Westcoast had met its obligations under both Part 5 of the MVRMA and section 871 of the YESAA. After a pause in the proceedings requested by the applicant in December 2022, a Project Update was submitted in October 2023, and the Commission restarted its process in April 2024. Four Indigenous communities from Treaty 8 filed evidence and asked Information Requests of Westcoast. Final argument concluded in September 2024. The Commission considered environment, safety, socio-economic, engineering, and economic impacts, as well as the impacts on the rights of Indigenous Peoples in making its decision on the Project.
Hearing Order number: MH-004-2022
The Commission released its decision and order on 5 December 2024.
Order number: ZO-003-2024
REGDOCS File number: C32638
Panel of Commissioners: M. Chartier, Presiding Commissioner; T. Grimoldby, Commissioner; S. Luciuk, Commissioner
In Progress Hearing Applications
The following are applications that were being assessed by the Commission in 2024-25 that will result in future Decision Reports or Recommendations:
Imperial Oil Resources N.W.T. Limited - Application for Variance of Operations Authorization 1210-001 and Application for the Line 490 Replacement Project
Section: Subsection 5(6) of the COGOA, and section 383 of the CER Act.
Background: Imperial Oil Resources N.W.T. Limited (Imperial) is asking the Commission to approve two applications regarding the future of the existing Norman Wells Operations. This facility produces oil in the Town of Norman Wells, Northwest Territories, by the Mackenzie River. Imperial’s first application requests a 10-year extension to the term of the operations authorization (OA 1210-001) that allows Imperial to operate the Norman Wells Operations. Imperial’s second application requests approval for activities to restore the flow of product between Bear Island and Goose Island (Replacement Activities). There are pipelines under the Mackenzie River, also called flowlines, that connect facilities on the two islands. In July 2022, one of these flowlines ruptured. In its application for the Replacement Activities, Imperial’s proposed construction method for the new flowlines and conduit cable is horizontal directional drilling, which involves drilling a tunnel underneath the Mackenzie River and pulling the bundle of flowlines and conduit cable through.
The review of these applications has been paused pending the review by the Mackenzie Valley Environmental Impact Review, who also has authorities under the MVRMA.
Hearing Order Number: OH-001-2023
REGDOCS File Number: C27037
Panel of Commissioners: S. Luciuk, Presiding Commissioner; M. Watton, Commissioner; K. Penney, Commissioner; S. Sajnovics, Commissioner
Pouce Coupé Pipe Line Ltd. – Application for the Taylor to Gordondale Project
Section: Section 183 of the CER Act
Background: Pouce Coupé Pipe Line Ltd. (Pouce Coupé), a wholly-owned subsidiary of Pembina Pipeline Corporation, requested approval to build and operate the Taylor to Gordondale Pipeline project. The proposed project would include approximately 89 km of 16-inch diameter pipeline carrying natural gas liquids and crude oil products from the existing Taylor Tank Farm Facility east of Taylor, British Columbia, to the Pouce Coupé Block Valve near Gordondale, Alberta, as well as upgrades to the Taylor Tank Farm Facility, including installation of two new electric booster pumps and two new electric mainline pumps. The proposed project will cross approximately 13 km of Crown land and 75 km of freehold land and will parallel existing or approved linear disturbances for about 96 per cent of the route. Pouce Coupé engaged with 63 landowners, ten occupants, 23 government agencies, and 35 Indigenous communities potentially affected by or interested in the proposed project.
Hearing Order Number: OH-001-2024
REGDOCS File Number: C29302
Panel of Commissioners: T. Grimoldby, Presiding Commissioner; M. Chartier, Commissioner; J.-D. Charlebois, Commissioner
Westcoast Energy Inc. – Application for the Sunrise Expansion Program
Section: Section 183 of the CER Act
Background: Westcoast requested approval to build approximately 137 km of 42-inch diameter natural gas pipeline in 11 looping segments in British Columbia, between southwest of Chetwynd to the Canada-USA border near Sumas. Approximately 95 per cent of the total length of the pipeline is routed adjacent to existing linear disturbances, such as pipeline and multi-utility corridors or powerline rights-of-way. Among other activities, the project would also involve installing new compressor units (gas and electric driven) at four existing compressor stations, building two overhead power lines (totaling approximately 10 km) to two existing compressor stations, facility upgrades at 11 existing compressor stations, and decommissioning 350 metres of previously deactivated pipeline.
Hearing Order Number: GH-001-2024
REGDOCS File Number: C29824 (Part 1), C29826 (Part 2), C29827 (Part 3)
Panel of Commissioners: K. Penney, Presiding Commissioner; T. Grimoldby, Commissioner; S. Luciuk, Commissioner
Trans Mountain Pipeline ULC – Application for Approval of Interim Commencement Date Tolls and Other Matters related to the Transportation of Petroleum on the Expanded TMP System
Section: Section 230, of the CER Act
Background: On 1 June 2023, Trans Mountain applied for approval of interim tolls and other matters associated with the transportation of petroleum on the expanded Trans Mountain pipeline system. The interim tolls will apply starting on 1 May 2024, the commencement date of the expanded system. On 30 November 2023, the Commission issued a preliminary decision that included the approval of the preliminary tolls and proceeded with the second phase of the process to consider more detailed submissions and a broader range of issues related to establishing the Final Interim Tolls (FIT). The FIT oral hearing is set to commence in November 2025.
Hearing Order Number: RH-002-2023
REGDOCS File Number: C24695
Panel of Commissioners: M. Watton, Presiding Commissioner; Penney, Commissioner; S. Luciuk, Commissioner
- Date modified: