Whereas the Governor in Council considers it necessary, as of the day on which the Canadian Energy Regulator Act a comes into force, to provide for the calculation of cost recovery charges under the National Energy Board Cost Recovery Regulations b by the Canadian Energy Regulator established by section 10 of that Act as if it were the National Energy Board established by section 3 c of the National Energy Board Act d.
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to section 43 of An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts e, makes the annexed Transitional Regulations for the Purpose of the National Energy Board Cost Recovery Regulations.
The following definitions apply in these Regulations.
commencement day means the day on which the Canadian Energy Regulator Act comes into force. (date de référence)
National Energy Board means the National Energy Board established by section 3 of the National Energy Board Act as it read immediately before commencement day. (Office)
NEB Regulations means the National Energy Board Cost Recovery Regulations as they read immediately before commencement day. (Règlement de l’Office)
Regulator means the Canadian Energy Regulator established by section 10 of the Canadian Energy Regulator Act. (Régie)
On and after commencement day, the Regulator is to apply the NEB Regulations as if it were the National Energy Board and, in particular, is to
continue and complete any calculation of cost recovery charges, including the determination of costs for the purpose of that calculation or the determination of any other related matter, that had been commenced by the National Energy Board; and
begin and complete any calculation of cost recovery charges, including the determination of costs for the purpose of that calculation or the determination of any other related matter, that is required to be done under those Regulations and that had not been commenced by the National Energy Board.
For the purpose of subsection (1), the NEB Regulations are to be read with any modifications that the circumstances require, including that
a reference to the National Energy Board is to be read as a reference to the Regulator, if the context of the reference relates to a period on or after commencement day; and
a reference to a cost or a forecast for the purpose of the calculation of cost recovery charges, including the determination of costs for the purpose of that calculation or the determination of any other related matter, is to be read, if the context requires, to be
a cost or a forecast that the National Energy Board determined, for any relevant period that ends before commencement day, to be attributable to its responsibilities under the National Energy Board Act or any other Act of Parliament or that the Regulator determines, as if it were the National Energy Board, to be attributable to those responsibilities, and
a cost or a forecast that the Regulator determines, for any relevant period that begins on or after commencement day, to be attributable to the carrying out of the Regulator’s mandate under the Canadian Energy Regulator Act, including costs related to applications that are denied or withdrawn, as if the cost or forecast were determined by the National Energy Board to be attributable to the Board’s responsibilities under the National Energy Board Act or any other Act of Parliament.
These Regulations come into force on the day on which section 10 of An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, Chapter 28 of the Statutes of Canada, 2019, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.[Note: Regulations in force August 28, 2019, see SI/2019-86.]