2024–25 Annual Report of the Commission of the Canada Energy Regulator - Appendix H: Compensation and Apportionment of Costs Applications

While parties are encouraged to work together to negotiate agreements on compensation and apportionment of costs disputes, if they are unable to resolve the dispute, the CER can support resolution through either alternative dispute resolution services or a formal hearing process by the Commission. When an application is filed regarding a compensation dispute, to determine the applicant’s readiness to proceed with adjudication versus a negotiation process with the respondent, the applicant must file an appendix advising the CER of one of the following:

1. The parties are engaging in negotiations or alternative dispute resolution and do not want the Commission to schedule a hearing at this time;
2. The parties have been unable to resolve their dispute and wish to proceed to a hearing; or
3. The parties have resolved the compensation dispute and the applicant is withdrawing the application.

If the applicant chooses the first option, they commit to notify the CER of the status of the application within six months. If the applicant chooses the second option, the Commission holds a brief pre-hearing (virtual) conference with the parties to discuss the process for advancing the application (e.g., when the parties would be ready to file written evidence and attend an oral hearing; how much time would the parties need for an oral hearing, etc.).

The table, and an explanation of the terminology below, reflects the compensation and apportionment of costs hearing applications filed and reviewed by the Commission during 2024-25. While there are no legislated timelines for these hearings, proceedings are typically driven by the parties and the time taken to negotiate while the applications are on hold, adjourned, or in abeyance. Compensation hearing applications filed with the CER can be found on the CER’s public registry.

Date modified:

2025-08-19