O.C. 145/2013

A.R. 90/2013

May 29, 2013


            The Lieutenant Governor in Council makes the Responsible Energy Development Act General Regulation set out in the attached Appendix.

For Information only

Recommended by:          Minister of Energy

Authority:                             Responsible Energy Development Act
                                                (sections 60, 77 and 78)


APPENDIX

Responsible Energy Development Act

RESPONSIBLE ENERGY
DEVELOPMENT ACT
GENERAL REGULATION

Table of Contents

                1       Definitions

                2       Board powers

                3       Factors to consider on applications, etc.

                4       Hearing on regulatory appeal

                5       Prescribed time periods

                6       Publication of information

                7       Furnishing copy of statement of concern to Minister

                8       Coming into force of order, etc.

                9       Expiry

              10       Coming into force

Definitions

1(1)  In this Regulation, “Act” means the Responsible Energy Development Act.

(2)  For the purposes of section 29 of the Act, “facility” means any scheme or operation that is under the jurisdiction of the Regulator or is subject to any energy resource enactment.

Board powers

2(1)  For the purposes of section 6(2) of the Act, the board may authorize a hearing commissioner to carry out any power, duty or function of the Regulator.

(2)  For the purposes of section 6(3) of the Act, the board may not authorize a person to exercise the Regulator’s authority to make Rules under this or any other enactment.

Factors to consider on applications, etc.

3   For the purposes of section 15 of the Act, where the Regulator is to consider an application or to conduct a regulatory appeal, reconsideration or inquiry in respect of an energy resource activity under an energy resource enactment, the Regulator shall consider

                                 (a)    the social and economic effects of the energy resource activity,

                                 (b)    the effects of the energy resource activity on the environment, and

                                 (c)    the impacts on a landowner as a result of the use of the land on which the energy resource activity is or will be located.

Hearing on regulatory appeal

4   For the purposes of section 40 of the Act, the Regulator shall conduct a regulatory appeal with a hearing if it appears to the Regulator that the concerns of the eligible person requesting the regulatory appeal have not been

                                 (a)    addressed through any alternative dispute resolution process the Regulator has used under section 46 of the Act, or

                                 (b)    otherwise resolved by the parties.

Prescribed time periods

5(1)  The time prescribed for the purposes of section 45(2)(a) of the Act is one month from the day that the decision sought to be opposed was made.

(2)  The time prescribed for the purposes of section 45(2)(b) of the Act is two months from the day the application is filed.

Publication of information

6   For the purposes of section 76 of the Act, the Regulator shall publish the particulars of enforcement action taken under the Act or any other enactment, including

                                 (a)    the names of the licensees, approval holders, operators or other persons against which the enforcement action was taken,

                                 (b)    the particulars of the contravention, and

                                 (c)    the particulars of the enforcement action.

Furnishing copy of statement of concern to Minister

7   If the Regulator receives a statement of concern containing information that in the opinion of the Regulator is pertinent to policy development of the Government, the Regulator may furnish a copy of the statement of concern to the Minister.

Coming into force of order, etc.

8(1)  The Regulator may provide in an order or direction that the order or direction or a portion or provision of it is to come into force

                                 (a)    at a future fixed time,

                                 (b)    on the happening of a contingency, event or condition specified in the order or direction, or

                                 (c)    on the performance to the satisfaction of the Agency or of a person named by it of any terms that the Agency imposes on any party interested.

(2)  The Regulator may direct that the whole or a portion of the order or direction is to have force for a limited time or until the happening of a specified event.

(3)  When any work, act, matter or thing is by an order or direction of the Regulator required to be done, performed or completed within a specified time, the Regulator, if it thinks it proper to do so, may extend the time specified.

Expiry

9   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on May 31, 2018.

Coming into force

10   This Regulation comes into force on the coming into force of section 3 of the Responsible Energy Development Act.