Regulations Amending the Oil Product Designation Regulations (Miscellaneous Program): SOR/2020-52

Canada Gazette, Part II, Volume 154, Number 7

Registration
SOR/2020-52 March 16, 2020

CANADIAN ENERGY REGULATOR ACT

P.C. 2020-144 March 13, 2020

Her Excellency the Governor General in Council, after consultation with the Canadian Energy Regulator, on the recommendation of the Minister of Natural Resources, pursuant to section 390 of the Canadian Energy Regulator Act footnote a, makes the annexed Regulations Amending the Oil Product Designation Regulations (Miscellaneous Program).

Regulations Amending the Oil Product Designation Regulations (Miscellaneous Program)

Amendments

1 (1) The long title of the Oil Product Designation Regulations footnote 1 is replaced by the following:

Oil Product Designation Regulations

(2) Section 1 of the Regulations and the heading before it are repealed.

2 Section 3 of the Regulations is amended by replacing “parts VI and VI.1 of the National Energy Board Act” with “Part 9 of the Canadian Energy Regulator Act”.

Coming into Force

3 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation and Protection Act and to make consequential amendments to other Acts, repeals the National Energy Board Act (NEB Act) and replaces it with the Canadian Energy Regulator Act (CER Act). At the same time, the National Energy Board (NEB) is replaced with the Canadian Energy Regulator (CER). The CER, similar to the NEB, provides regulatory oversight over the full lifecycle of federal energy infrastructure including pipelines that cross interprovincial and international borders and international and designated interprovincial power lines; the regulator is also responsible for ensuring that its regulated infrastructure is constructed, operated and abandoned in a manner that is safe, secure and protects people, property and the environment.

Regulations made under the NEB Act remain in force following the repeal of the NEB Act due to paragraph 44(g) of the Interpretation Act. The provision provides that all regulations made under a repealed enactment remain in force and are deemed to have been made under the new enactment that replaces it (i.e. CER Act), in so far as they are not inconsistent with the new enactment (and until such time as the former regulations are replaced or expressly repealed).

One of these regulations, the Regulations Designating Certain Substances as Oil Products and Exempting Certain Kinds of Oil from the Operation of Certain Provisions of the National Energy Board Act (Short Title: Oil Product Designation Regulations), makes reference to the NEB Act and specific parts within it. The Regulations must be amended to refer to the appropriate parts of the new CER Act. The Regulations designate methanol and methyl tertiary butyl ether as oil products to which certain export and import requirements do not apply.

Objective

The objective of the Regulations Amending the Oil Product Designation Regulations (Miscellaneous Program) (the Amending Regulations) is to update certain names and legislative references in the Regulations to align them with the new CER Act.

Description and rationale

The Oil Product Designation Regulations, authorized under section 390 of the CER Act, are amended to

The amendments are housekeeping in nature and ensure consistency with the CER Act. They would not impose any costs on the Government or stakeholders.

One-for-one rule and small business lens

The one-for-one rule does not apply to these amendments, as there is no change in administrative costs or burden to business.

The small business lens does not apply to these amendments, as they do not impose costs on small business.

Contacts

Ian Fall
Director
NEB Modernization Secretariat
Natural Resources Canada
580 Booth Street
Ottawa, Ontario
K1A 0E4
Email: ian.fall@canada.ca

Curtis McKinney
Policy Analyst
NEB Modernization Secretariat
Natural Resources Canada
580 Booth Street
Ottawa, Ontario
K1A 0E4
Email: curtis.mckinney@canada.ca
Toll-free telephone: 1‑855‑525‑9293