Adjudicative Processes for New Pipeline Infrastructure
CER regulated project decisions are made either by the CER Commission or the Governor-in-Council (GIC). Projects may also be “designated” under Impact Assessment Act (IAA) regulations to be subject to an Impact Assessment Agency of Canada (IAAC)-led review.
CER-Led Project Reviews
(assessment led by the CER)
“Designated” Integrated Project Reviews
(assessment led by the IAAC with CER)
Commission Decision
Small Pipelines under 40 km, and/or related facilities
Routine Adjudication Process
- Typically, a written process with fewer participants
- Process serves as primary forum for Crown consultation
- Service Standards of 40 to 120 days
- Legislated time limit up to 300 days (10 months), typically completed more quickly
- Application types: 82% natural gas, 16% oil, and 2% other.
97 Applications
since 2019
Commission Recommendation and GIC Decision
Large Pipelines over 40 km
Hearing Process
- Process adapted to scope of project and needs of participants, participant funding provided, written and oral process (including Indigenous Knowledge gathering and additional process steps), more participants leading to increased volume of evidence filed
- Hearing process is primary forum for Crown consultation, although supplemental Consultation is provided
- Legislated time limit up to 450-day (15 months) plus 90-day GIC time limit (18 months total)
7 Applications
since 2019
IAAC-led Recommendation and GIC Decision
Major Projects with 75 km or more of new right-of-way
Integrated Review Process
- Integrated review led by the IAAC, with CER participation and support
- IAA Physical Activities Regulations apply
- Crown consultation led by IAAC, with CER participation and support
- Required phases: Planning (180 days), Impact Statement (up to 3 years), Impact Assessment (300-600 days), plus 90-day GIC time limit
Zero Applications*
since 2019
* One project was proposed but no application was submitted
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