Electricity Filing Manual

Electricity Filing Manual [PDF 1945 KB]

Table of Contents

Table of Contents

List of Tables

List of Figures

Glossary of Terms

List of Abbreviations

Chapter 1 – Introduction

Chapter 1 – Introduction

  1. 1.1 Scope and Purpose of the Manual
    1. 1.1.1 Transition from National Energy Board to Canada Energy Regulator
  2. 1.2 Canada Energy Regulator Expectations
  3. 1.3 Content Organization
  4. 1.4 Confidential Filing
    1. 1.4.1 Filing Requirements
      1. Guidance
        1. Sections 60 and 61 of the CER Act
        2. Other filings
  5. 1.5 Previously Filed Material
  6. 1.6 Pre-application Meetings – Guidance Notes
  7. 1.7 Filing with the Canada Energy Regulator
  8. 1.8 Updates
Chapter 2 – Instructions to Users

Chapter 2 – Instructions to Users

  1. 2.1 Summary of International Power Line Filing Requirements
    1. Table 2-1: Summary of International Power Line Filing Requirements
    2. Figure 2-1: Options Under the CER Act
  2. 2.2 Regulatory Listing
    1. Table 2-2: Sections of CER Act Regarding IPLs
  3. 2.3 Permit Applications
    1. Table 2-3: Guide to Electricity Filing Manual by Electricity Regulations s. 5 for IPLs over 50 kV
    2. Table 2-4: Guide to Electricity Filing Manual by Electricity Regulations s. 4 for IPLs under 50 kV
Chapter 3 – Common Information Requirements

Chapter 3 – Common Information Requirements

  1. 3.1 Action Sought by Applicant
    1. Goal
    2. 3.1.1 Project Summary
      1. Filing Requirements
      2. Guidance
    3. 3.1.2 Authorization Being Sought
      1. Filing Requirements
      2. Guidance
    4. 3.1.3 Project Justification
      1. Filing Requirements
      2. Guidance
  2. 3.2 Project Applicants
    1. Goal
  3. 3.3 Proof of Publication of Notice
Chapter 4 – Project Description and Engineering

Chapter 4 – Project Description and Engineering

  1. 4.1 Project Location
    1. Goal
    2. Filing Requirements
    3. Guidance
  2. 4.2 Project Components and Activities
    1. 4.2.1 Engineering Design Details
      1. Goal
      2. Filing Requirements
      3. Guidance
    2. 4.2.2 Engineering Design Philosophy
      1. Goal
      2. Filing Requirements
      3. Guidance
  3. 4.3 Impacts to the Bulk Power System
    1. Goal
    2. Filing Requirements
    3. Guidance
  4. 4.4 Other Required Approvals and Project Schedule
    1. Goal
    2. Filing Requirements
    3. Guidance
  5. 4.5 Alternatives
    1. Goal
    2. Filing Requirements
    3. Guidance
Chapter 5 – Engagement

Chapter 5 – Engagement

  1. 5.1 Company-wide Engagement Program
    1. Goal
    2. Filing Requirements
    3. Guidance
  2. 5.2 Design of Project-specific Engagement Activities
    1. Goal
    2. Filing Requirements
    3. Guidance
      1. Local and Indigenous Knowledge
  3. 5.3 Outcomes of Project-specific Engagement Activities
    1. Goal
    2. Filing Requirements
    3. Guidance
  4. 5.4 Justification for Not Undertaking Engagement Activities
    1. Goal
    2. Filing Requirements
    3. Guidance
      1. Equivalent Engagement Program
      2. No or Negligible Environmental or Socio-economic Effects
      3. Facilities within Company Owned or Leased Lands
  5. 5.5 Notification of Physically Affected Third Parties
    1. Goal
    2. Filing Requirements
    3. Guidance
      1. Identifying Appropriate Physically Affected Third Parties
      2. Notification
      3. Concerns
      4. Self-identified, Interested Third Parties
      5. When Notification is Not Required
Chapter 6 – Environmental and Socio-economic Assessment

Chapter 6 – Environmental and Socio-economic Assessment

  1. 6.1 Introduction
    1. Figure 6-1: The Applicant’s ESA process
  2. 6.2 The CER’s Approach to Environmental and Socio-economic Assessment
  3. 6.3 Scope of the Environmental and Socio-economic Assessment
    1. 6.3.1 What is Scoping?
    2. 6.3.2 The Applicant’s Role in Scoping
    3. 6.3.3 Scope of the assessment and the CER
      1. Guidance
        1. Scope of the Project
        2. Impact Assessment Act Designated Physical Activities
  4. 6.4 Level of Detail
    1. Table 6-1: Circumstances and Interactions Requiring Detailed Biophysical and Socio-economic Information
  5. 6.5 Description of the Environmental and Socio-economic Setting
    1. Goal
    2. Filing Requirements
    3. Guidance
      1. Study Area
      2. Source of Baseline Information
    4. 6.5.1 Identifying the Need for Detailed Biophysical and Socio-economic Information
      1. Gender-based analysis plus (GBA+)
  6. 6.6 Effects Assessment
    1. Goal
    2. 6.6.1 Identification and Analysis of Effects
      1. Filing Requirements
      2. Guidance
        1. Spatial and Temporal Boundaries
        2. Analysis
        3. Effects Assessment for Accidents and Malfunctions
        4. Abandonment
    3. 6.6.2 Mitigation Measures for Cumulative Effects
      1. Filing Requirements
      2. Guidance
        1. Mitigation Measures
        2. Mitigation Options
        3. Environmental Protection Plan (EPP)
        4. Draft EPP
        5. Final EPP
        6. Variances to the EPP
        7. Waste Management Plan
        8. Mitigation for Potential Effects of Accidents and Malfunctions
    4. 6.6.3 Applicant’s Evaluation of Significance of Cumulative Effects
      1. Filing Requirements – Evaluation of Significance
      2. Guidance – Applicant’s Evaluation of Significance
  7. 6.7 Cumulative Effects Assessment
    1. Goal
    2. 6.7.1 Scoping and Analysis of Cumulative Effects
      1. Filing Requirements
      2. Guidance
        1. Cumulative Effects Assessment
        2. Other Physical Facilities or Activities
    3. 6.7.2 Mitigation Measures for Cumulative Effects
      1. Filing Requirements
      2. Guidance
    4. 6.7.3 Applicant’s Evaluation of Significance of Cumulative Effects
      1. Filing Requirements
      2. Guidance
  8. 6.8 Inspection, Monitoring and Follow-up
    1. Goal
    2. Filing Requirements
    3. Guidance
    4. Revisions to Applicant Plans and Programs
    5. Table 6-2: Filing Requirements for Biophysical Elements
      1. Figure 6-2: Scalable approach to climate change factor assessment
      2. Figure 6-3: Scalable Approach – Construction GHG emissions
      3. Figure 6-4: Scalable Approach – Operational GHG emissions
      4. Figure 6-5: Scalable Approach – Upstream GHG emissions
  9. 6.9 Supplemental Guidance on Greenhouse Gas Emissions and Climate Change
    1. Considerations for assessing the effects of a project on the Government of Canada’s climate change commitments
      1. 1. Magnitude of GHG emissions
      2. 2. Mitigation measures for GHG emissions
      3. 3. Applicability of relevant climate change laws, regulations, and policies
      4. 4. Net-zero Plan
      5. 5. Impact of the project on Canada’s efforts to reduce GHG emissions
      6. 6. Climate change resilience
      7. 7. Upstream emissions
    2. Decision making and conditions
    3. Table 6-3: Filing Requirements for Socio-economic Elements
Chapter 7 – Economics

Chapter 7 – Economics

  1. 7.1 Economics
    1. Goal
    2. Filing Requirements
  2. 7.2 Finance
    1. Goal
    2. Filing Requirements
    3. Table 7-1: Economics and Financing
  3. 7.3 Level of Detail
Chapter 8 – Lands Information

Chapter 8 – Lands Information

  1. Goal
  2. 8.1 Land Areas
    1. Filing Requirements
    2. Guidance
  3. 8.2 Land Rights
    1. Filing Requirements
    2. Guidance
  4. 8.3 Lands Acquisition Process
    1. Filing Requirements
    2. Guidance
  5. 8.4 Land Acquisition Agreements
    1. Filing Requirements
    2. Guidance
  6. 8.5 Section 322 Notices
    1. Filing Requirements
    2. Guidance
  7. 8.6 Application to Address a Complaint
Guide A – Information Filed Respecting Plan, Profile, Book of Reference and Notices (CER Act s 199 and section 201)

Guide A – Information Filed Respecting Plan, Profile, Book of Reference and Notices (CER Act s 199 and section 201)

  1. Goal
  2. A.1 Plan, Profile, Book of Reference (PPBoR)
    1. Filing Requirements
    2. Guidance
  3. A.2 Section 201 Notices
    1. Filing Requirements
    2. Guidance
      1. Detailed Route Hearing
  4. A.3 Application to Correct a PPBoR Error (CER Act s.208)
    1. Goal
    2. Filing Requirements
Guide B – Application for Right of Entry (CER Act section 324)

Guide B – Application for Right of Entry (CER Act section 324)

  1. Goal
    1. Immediate right of entry
    2. Notice
  2. Filing Requirements
  3. Guidance
Guide C – Requirements For Substituted Service Applications

Guide C – Requirements For Substituted Service Applications

  1. Goal
  2. Filing Requirements
  3. Guidance
Guide D – Protection of International or Interprovincial Power Lines From Facility Construction, Ground Disturbance and Crossings (CER Act section 273 and section 275)

Guide D – Protection of International or Interprovincial Power Lines From Facility Construction, Ground Disturbance and Crossings (CER Act section 273 and section 275)

  1. Goal
  2. Filing Requirements
  3. Guidance
    1. Construction of facilities across, on, along or under an interprovincial or international power line and activities causing ground disturbance
    2. Crossing an interprovincial or international power line with vehicles and mobile equipment
    3. Multiple Activities
    4. Filing an Application
Guide E – Early Engagement Guide

Guide E – Early Engagement Guide

Appendix 1 – General Order for Electricity Reliability Standards

Appendix 1 – Certificates and International Power Lines Subject to This Order

List of Tables

List of Tables

Table 2-1 Summary of International Power Line Filing Requirements

Table 2-2 Sections of CER Act Regarding IPLs

Table 2-3 Guide to Electricity Filing Manual by Electricity Regulations section 5 for IPLs over 50 kV

Table 2-4 Guide to Electricity Filing Manual by Electricity Regulations section 4 for IPLs under 50 kV

Table 6-1 Circumstances and Interactions Requiring Detailed Biophysical and Socio-economic Information

Table 6-2 Scalable approach to climate change factor assessment

Table 6-3 Scalable approach – construction GHG emissions

Table7-1 Economics and Financing

List of Figures

List of Figures

  1. Figure 2-1: Options Under CER Act
  2. Figure 6-1: The Applicant’s ESA process
  3. Figure 6-2: Scalable approach to climate change factor assessment
  4. Figure 6-3: Scalable approach – construction GHG emissions
  5. Figure 6-4: Scalable approach – operational GHG emissions
  6. Figure 6-5: Scalable approach – upstream GHG emissions
Glossary of Terms

Glossary of Terms

Glossary of Terms

Abandon

The permanent cessation of the operation of a facility which results in the discontinuance of service.

Action Plans

In the context of the Species at Risk Act – The competent minister is required to prepare one or more action plans based on the recovery strategy for a listed species. The action plan or plans and any amendments will be included in the public registry established under the Species at Risk Act.

Adverse Effect

The impairment of or damage to the environment or health of humans, or damage to property or loss of reasonable enjoyment of life or property.

Baseline Information

The current state of the environment or environmental setting for a particular element. This information will assist in determining potential environmental effects of the project by providing an environmental reference point for the element, with which to compare future environmental conditions, and potential project effects.

Biophysical Environment

The components of the earth including: land, water and air, including all layers of the atmosphere; all organic and inorganic matter and living organisms; and the interacting natural systems that include components referred to in the previous bullets.

Bulk Power System

(or bulk electric system) The network of generating facilities and interconnected transmission facilities that produce and then flow electricity, respectively, around the overall power system and into non-networked distribution facilities that, in turn, radially serve end user load.

Contaminant

A substance that is present or released in the environment at an amount, concentration, level or rate that results in or may result in an adverse effect.

Critical Habitat

The habitat that is necessary for the survival or recovery of a listed wildlife species and that is identified as the species’ critical habitat in the recovery strategy or in an action plan for the species [Species at Risk Act subsection 2(1)].

Cumulative Effects

Changes to the environment that are caused by an action in combination with other past, present and future human actions. (‘Action’ includes and activities.)

Deleterious Substance

(a) any substance that, if added to any water, would degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water; or

(b) any water that contains a substance in such quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any other water, degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water [Fisheries Act subsection 34(1)].

Designated Project

A project designated under the Physical Activities Regulations as a physical activity requiring a federal impact assessment under the Impact Assessment Act.

Easement

An agreement under which a company acquires the right to use the land for the pipeline or powerline. It is a written contract that sets out the rights of the company and rights of the landowner for the use of the right of way.

Election Certificate

An authorization for an IPL for which the applicant has chosen that federal rather than provincial laws apply and resulting in a public hearing [Canadian Energy Regulator Act section 266].

Environmental Effect

In respect of a project, any change that a project may cause to a biophysical element found in Table 6-2 and any effect of any such change on a socio-economic element (Table 6.3) (see definition of Socio-economic effect).

Environmentally Sensitive Area

An area designated in regional or local land use plans, or by a local, regional, provincial or federal government body as being sensitive to disturbance or identified by an applicant as being sensitive for some reason.

Federal Lands

Under section 82 of the Impact Assessment Act, the CER must make a significance determination for any projects on federal lands. The Impact Assessment Act defines federal lands as:

  1. (a) lands that belong to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above those lands, other than lands under the administration and control of the Commissioner of the Yukon, Northwest Territories or Nunavut;
  2. (b) the following lands and areas:
    1. the internal waters of Canada, in any area of the sea not within a province,
    2. the territorial sea of Canada, in any area of the sea not within a province,
    3. the exclusive economic zone of Canada, and
    4. the continental shelf of Canada: and
  3. (c) reserves, surrendered lands and any other lands that are set apart for the use and benefit of a band and that are subject to the Indian Act, and all waters on and airspace above those reserves or lands.

Fee Simple Owner

The person who is entitled to the entire property, with unconditional power to disposition during his/her life, and descending to his/her heirs upon death. Usually it is the person named on the title.

Fish

Includes (a) parts of fish, (b) shellfish, crustaceans, marine animals and any parts of shellfish, crustaceans or marine animals, and (c) the eggs, sperm, spawn, larvae, spat and juvenile stages of fish, shellfish, crustaceans and marine animals [Fisheries Act subsection 2(1)].

Fish Habitat

Means water frequented by fish and any other areas on which fish depend directly or indirectly to carry out their life processes, including spawning grounds and nursery, rearing, food supply and migration areas [Fisheries Act subsection 2(1)].

Heritage Resources

Cultural, historic, archaeological and paleontological resources are collectively known as heritage resources and can include pre-contact and post-contact features.

Human Health

A state of complete physical, mental and social well-being, and the ability to adapt to the stresses of daily life; it is not merely the absence of disease or infirmity.

Indigenous Peoples

Includes the First Nations, Inuit and Métis Peoples of Canada.

IPL International Power Line
IPLDPR International and Interprovincial Power Line Damage Prevention Regulations – Authorizations (IPLDPR–A)

Migratory Bird

A migratory bird referred to in the convention, and includes the sperm, eggs, embryos, tissue cultures and parts of the bird [Migratory Birds Convention Act section 2].

Mitigation

In respect of a project, the elimination, reduction or control of the adverse environmental effects of the project, and includes restitution for any damage to the environment caused by such effects through replacement, restoration, compensation or any other means.

Monitoring

Activities for resolving specific outstanding environmental issues, observing the potential environmental effects of a project, assessing the effectiveness of mitigation measures undertaken, identifying unanticipated environmental issues and determining the action required based on the result of these activities.

Navigable Water or Waterway

Includes a canal and any other body of water created or altered as a result of the construction of any work. As well a navigable water is considered as any body of water capable, in its natural state, of being navigated by floating vessels of any description for the purpose of transportation, recreation or commerce, and may also be a human-made feature such as a canal or reservoir.

Navigation

Use of a vessel for transportation, recreation or commerce on a navigable water.

Notice

A notice of the application for a permit or an election certificate, published by the applicant in accordance with section 249 of the Canadian Energy Regulator Act.

Owner

For the purposes of sections 320 to 322 of the Canadian Energy Regulator Act, the ‘owner’ is not restricted to the fee simple owner or to freehold lands.Footnote 1 In this regard, an owner may include any interest in, or possession of land, such as the fee simple owner, Indigenous title, the administrators of crown and public lands and occupants of land. The interest held may be registered or unregistered.

With respect to sections 199 and 201 of the Canadian Energy Regulator Act, the owner of lands includes the fee simple owner and may also include any other interest held in the land, as described above. When determining the owners of lands required for the project, the applicant should consider all potential owners of the lands required and implement its notification and acquisition processes pursuant to the Act.

Permit

A permit means an authorization for the construction and operation of an international power line issued under Part 4 of the Canadian Energy Regulator Act.

Power Line Outside Canada

That part of a power line in the United States that is between its connection to the international power line at the border and the first switching station in the United States.

Power System

Includes the generating stations, transformers, switching stations, transmission lines, substations, distribution lines and circuits necessary for the production, transmission and distribution of electricity.

Power Transfer Capability

The amount of power that can be transferred from one power system to another without impairing the reliability criteria of the interconnected systems.

Reclamation

The process of re-establishing a disturbed site to a former or other productive use, not necessarily to the same condition that existed prior to disturbance. The land capability may be at a level different (i.e., lower or higher) than that which existed prior to the disturbance, depending on the goal of the process. Reclamation includes the management of a contaminated site and revegetation where necessary. Reclamation is not considered complete until the goals for reclamation have been achieved.

Recovery Strategy

A strategy for the recovery of a listed extirpated, endangered or threatened species prepared by the competent minister (as defined under the Species at Risk Act). If the recovery of the listed species is feasible, the recovery strategy must address the threats to the survival of the species identified by the Committee for the Status of Endangered Wildlife in Canada, including any loss of habitat. The recovery strategy and any amendments will be included in the public registry established under the Species at Risk Act.

Reliability

Power system reliability is the degree of performance of the elements of the bulk electric system that results in electricity being delivered to customers within accepted standards and in the amount desired (from North American Electricity Reliability Corporation).

Residual Effects

Effects that are present after mitigation is applied.

Right of Entry

The right of access to, and use of, land surface.

Right of Entry Order

An order by the Commission of the Canada Energy Regulator made under the Canadian Energy Regulator Act granting a company access to, and use of, a defined portion of land for the purposes as set out in the order.

Right of Way (RoW)

The strip of land acquired for which a company has obtained the rights for the construction and operation of the pipeline or powerline.

Socio-economic Effect

In respect of a project, any effect on a socio-economic element found in Table 6-3, including direct effects as well as effects resulting from a change in the environment (as referred to in the definition of Environmental Effect).

Species at Risk

An extirpated, endangered or threatened species or a species of special concern [Species at Risk Act subsection 2(1)].

Species of Special Status

Species listed under provincial jurisdiction or of recognized local importance because they are vulnerable, threatened, endangered or extirpated.

Study Area

The area within the spatial boundaries of the scope of the environmental and socio-economic effects assessment. Since the spatial boundaries of the assessment may vary with different biophysical and socio-economic elements, the study area may also vary.

Substation

A subsidiary station of the electric power system where network interconnections are made and managed between transmission lines, or where electricity is flowed to or from the transmission network and transformed for further transmission or distribution along lower-voltage lines.

Traditional Territory

Area where an Indigenous Nation has claimed or asserted the right to use the land for traditional purposes such as hunting, fishing, trapping, gathering or spiritual activities. One or more Indigenous Nations may claim the same lands as their traditional territory.

Valued Ecosystem Component (VEC)

Resources or environmental features that have all or some of the following features:

  • importance to local human populations;
  • regional, national or international profiles; or
  • if altered from their existing status will be important in evaluating the impacts of development or human actions, and in focusing management or regulatory policy.

Valued Socio-cultural Component (VSC)

Cultural, social, economic or health aspects of the study population that, if affected by the project, would be of concern to local human populations or government regulators.

Viewshed

The area visible from an observer’s viewpoint and those areas from which that viewpoint may be seen. The boundaries of a viewshed are determined by the width of the angle of vision and the distance between the observer and various levels of vision (i.e., foreground, middle-ground, background, distant, etc.).

Water Body

A water body, including a canal, reservoir, an ocean and a wetland, up to the high-water mark, but does not include a sewage or waste treatment lagoon or mine tailings pond.

Wetlands

Land where the water table is at near or above the surface, or which is saturated for a long enough period to promote such features as wet-altered soils and water tolerant vegetation. Wetlands include organic wetlands or “peatlands”, and mineral wetlands or mineral soil areas that are influenced by excess water, but produce little or no peat.

List of Abbreviations

List of Abbreviations

List of Abbreviations

ADR

Alternative Dispute Resolution

CCME

Canadian Council of Ministers of the Environment

CER

Canada Energy Regulator

CER Act

Canadian Energy Regulator Act

Commission

Commission of the Canada Energy Regulator

CSA

Canadian Standards Association

DFO

Fisheries and Oceans Canada

Electricity Regulations

National Energy Board Electricity Regulations

ESA

Environmental and Socio-economic Assessment

EPP

Environmental Protection Plan

GPS

Global Positioning System

IA Act

Impact Assessment Act

IAAC

Impact Assessment Agency of Canada

IPL

International Power Line

IPLDPR

International and Interprovincial Power Line Damage Prevention Regulations – Authorizations (IPLDPR–A)

kV

Kilovolt

NEB Act National Energy Board Act

NERC

North American Electric Reliability Corporation

OPR

Canadian Energy Regulator Onshore Pipeline Regulations

Post-construction report

Post-construction environmental monitoring report

PPBoR

Plans, Profiles and Books of Reference

RoW

Right of Way

Rules

National Energy Board Rules of Practice and Procedure, 1995

SARA

Species at Risk Act

UTM

Universal Transverse Mercator

VEC

Valued Ecosystem Component

VSC

Valued Socio-cultural Component

Valued Component

VEC and VSC

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