Canadian Energy Regulator Act

An Act to establish the Canadian Energy Regulator

Canada (Federal)· C-15.1· 1,975 sections· current to 2026-03-26In force

See how this Act changed View amendment graph Official consolidated text

Policy areas

Natural Resources & Energy Environment & Climate Indigenous Affairs Democratic Institutions & Elections

Bills that amended this Act0

No published amendment links yet for this Act.

Sections2,065

1Short title
This Act may be cited as the Canadian Energy Regulator Act.
2Definitions
The following definitions apply in this Act.
2[p2]
abandoned facility means an abandoned pipeline or an abandoned offshore facility. (installation abandonnée)
2[p3]
abandoned offshore facility means any facility, equipment, system or offshore power line that has been abandoned in accordance with an authorization issued under Part 5. (installation extracôtière abandonnée)
2[p4]
abandoned pipeline means a pipeline the operation of which has been abandoned in accordance with an order under subsection 241(1) and that remains in place. (pipeline abandonné)
2[p5]
Chief Executive Officer means the Chief Executive Officer appointed under subsection 21(1). (président-directeur général)
2[p6]
company includes
2[p6](a)
a person having authority under a Special Act to construct or operate a pipeline; and
2[p6](b)
a body corporate incorporated or continued under the Canada Business Corporations Act or an Act of the legislature of a province and not discontinued under the Act in question. (compagnie)
2[p9]
designated officer means an employee of the Regulator designated under section 24. (responsable désigné)
2[p10]
export means, in relation to
2[p10](a)
electricity, to send from a place in Canada by a line of wire or other conductor electricity produced in Canada;
2[p10](b)
oil,
2[p10](b)(i)
to export within the meaning of any provision of the Energy Administration Act that defines export for the purposes of any charge imposed under that Act in relation to fuel for use by an aircraft or a vessel,
2[p10](b)(ii)
to send or take, by any means, from a place in Canada, or
2[p10](b)(iii)
to send or take, by any means, to a place outside Canada from any area of land, not within a province, that belongs to Her Majesty in right of Canada or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources and that is situated in submarine areas in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada; or
2[p10](c)
gas, to effect any one of the operations referred to in subparagraph (b)(ii) or (iii). (exportation)
2[p17]
gas means
2[p17](a)
any hydrocarbon or mixture of hydrocarbons that, at a temperature of 15°C and a pressure of 101.325 kPa, is in a gaseous state; or
2[p17](b)
any substance designated as a gas product by regulations made under section 390. (gaz)
2[p20]
ground disturbance means a ground disturbance other than one that
2[p20](a)
is caused by any activity that is specified in the orders or regulations made in respect of pipelines under section 335 or made in respect of international or interprovincial power lines under section 275;
2[p20](b)
is, in relation to a pipeline, caused by cultivation to a depth of less than 45 cm below the surface of the ground; or
2[p20](c)
is, in relation to a pipeline, caused by any other activity to a depth of less than 30 cm and that does not result in a reduction of the earth cover over the pipeline to a depth that is less than the cover provided when the pipeline was constructed. (remuement du sol)
2[p24]
hydrocarbon means a hydrocarbon other than coal. (hydrocarbure)
2[p25]
import means, in relation to gas or oil, to bring into Canada through pipelines, by railway tank car, by tank truck or by tanker. (importation)
2[p26]
Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone)
2[p27]
Indigenous knowledge means the Indigenous knowledge of the Indigenous peoples of Canada. (connaissances autochtones)
2[p28]
Indigenous organization means an Indigenous governing body or any other entity that represents the interests of an Indigenous group and its members. (organisation autochtone)
2[p29]
Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada)
2[p30]
inspection officer means a person designated under subsection 102(1). (inspecteur)
2[p31]
international power line means facilities that are constructed or operated for the purpose of transmitting electricity from a place in Canada to a place outside Canada or from a place outside Canada to a place in Canada. It does not however include an offshore power line. (ligne internationale de transport d’électricité ou ligne internationale)
2[p32]
interprovincial power line means facilities that are constructed or operated for the purpose of transmitting electricity from a place in a province to a place in another province. (ligne interprovinciale de transport d’électricité ou ligne interprovinciale)
2[p33]
land registrar means an officer with whom titles, rights or interests relating to real property or immovables are registered or recorded. (directeur de l’enregistrement)
2[p34]
lands includes real property and any interest or right in real property or land and, in Quebec, any immovable, any right in an immovable and the right of a lessee in respect of any immovable. Those interests or rights may be in, to, on, under, over or in respect of the lands. (terrains)
2[p35]
Minister means the member of the Queen’s Privy Council for Canada designated under section 8. (ministre)
2[p36]
navigable water has the same meaning as in section 2 of the Canadian Navigable Waters Act. (eaux navigables)
2[p37]
offshore area means
2[p37](a)
the part of the internal waters of Canada or of the territorial sea of Canada that is not situated in
2[p37](a)(i)
a province other than the Northwest Territories, or
2[p37](a)(ii)
the onshore, as defined in section 2 of the Northwest Territories Act; and
2[p37](b)
the continental shelf of Canada and the waters superjacent to the seabed of that shelf. (zone extracôtière)
2[p42]
offshore power line means facilities constructed or operated for the purpose of transmitting electricity from an offshore renewable energy project to a province or a place outside Canada. (ligne extracôtière)
2[p43]
offshore renewable energy project means any of the following that are carried on in the offshore area:
2[p43](a)
any research or assessment conducted in relation to the exploitation or potential exploitation of a renewable resource to produce energy;
2[p43](b)
any exploitation of a renewable resource to produce energy;
2[p43](c)
any storage of energy produced from a renewable resource; or
2[p43](d)
any transmission of such energy, other than the transmission of electricity to a province or a place outside Canada. (projet d’énergie renouvelable extracôtière)
2[p48]
oil means
2[p48](a)
any hydrocarbon or mixture of hydrocarbons other than gas; or
2[p48](b)
any substance designated as an oil product by regulations made under section 390. (pétrole)
2[p51]
penalty means an administrative monetary penalty imposed under this Act for a violation. (pénalité)
2[p52]
pipeline means a line — including all branches, extensions, tanks, reservoirs, storage or loading facilities, pumps, racks, compressors, interstation communication systems, real or personal property, or immovable or movable, and any connected works — that connects at least two provinces or extends beyond the limits of a province, Sable Island or an area referred to in paragraph (c) of the definition designated area in section 368 and that is used or is to be used for the transmission of oil, gas or any other commodity. It does not however include a sewer or water pipeline that is used or is to be used solely for municipal purposes. (pipeline)
2[p53]
power line means an international power line, an interprovincial power line or an offshore power line. (ligne de transport d’électricité)
2[p54]
regulated facility means a pipeline, an international power line, an interprovincial power line designated by an order made under section 261, an offshore power line, or any facility, equipment or system that is related to an offshore renewable energy project. (installation réglementée)
2[p55]
Regulator means the corporation established under subsection 10(1). (Régie)
2[p56]
Special Act means
2[p56](a)
an Act of Parliament that authorizes a person named in the Act to construct or operate a pipeline or that is enacted with special reference to a pipeline that, by such an Act, a person is authorized to construct or operate; and
2[p56](b)
letters patent issued under section 5.1 or 5.4 of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, except for the purpose of paragraph 342(b) of this Act. (loi spéciale)
2[p59]
toll includes any rate, charge or allowance charged or made
2[p59](a)
for the shipment, transportation, transmission, care, handling or delivery of hydrocarbons or of another commodity that is transmitted through a pipeline, or for storage or demurrage, or the like;
2[p59](b)
for the provision of a pipeline when the pipeline is available and ready to provide for the transmission of oil or gas; and
2[p59](c)
in respect of the purchase and sale of gas that is the property of a company and that is transmitted by the company through its pipeline, excluding the cost to the company of the gas at the point where it enters the pipeline. (droit)
3Repealed
[Repealed, 2024, c. 30, s. 34]
4Application — Special Act lands
A provision of this Act or a regulation made under it that applies to lands also applies to lands referred to in a Special Act.
5Powers of liquidators, trustees, etc.
5(1)
For the purposes of this Act, each of the following is considered to be a company:
5(1)(a)
a liquidator, receiver or manager of the property of a company, appointed by a court of competent jurisdiction to carry on the business of the company;
5(1)(b)
a trustee — or the holder of a power of attorney within the meaning of the Civil Code of Québec — for the holders of bonds, debentures, debenture stock or other evidence of indebtedness of the company, secured under a trust deed, an act constituting a hypothec within the meaning of the Civil Code of Québec or other instrument or act, on or against the property of the company, if the trustee or holder is authorized by the instrument or act to carry on the business of the company; and
5(1)(c)
a person, other than a company,
5(1)(c)(i)
operating a pipeline constructed before October 1, 1953, or
5(1)(c)(ii)
constructing, operating or abandoning a pipeline exempted from subsection 179(1) by an order made by the Commission under subsection 214(1).
5(2)Administrator in Quebec
In Quebec, the administrator of the property of the company appointed by a court of competent jurisdiction to carry on the business of the company is also considered to be the company.
5(3)Successor or assign — abandoned pipeline
For the purposes of this Act, a successor or assign of a company is considered to be a company for any matter relating to an abandoned pipeline.
6Purpose of Act
The purpose of this Act is to regulate certain energy matters within Parliament’s jurisdiction and, in particular,
6(a)
to ensure that pipelines and power lines as well as facilities, equipment or systems related to offshore renewable energy projects, are constructed, operated and abandoned in a manner that is safe, secure and efficient and that protects people, property and the environment;
6(b)
to ensure that the exploration for and exploitation of oil and gas, as defined in section 2 of the Canada Oil and Gas Operations Act, is carried out in a manner that is safe and secure and that protects people, property and the environment;
6(c)
to regulate trade in energy products; and
6(d)
to ensure that regulatory hearings and decision-making processes related to those energy matters are fair, inclusive, transparent and efficient.
7Binding on Her Majesty
This Act is binding on Her Majesty in right of Canada or a province.
8Order designating Minister
The Governor in Council may, by order, designate any member of the Queen’s Privy Council for Canada to be the Minister for the purposes this Act.
9Definition of document of authorization
In this Part, document of authorization means a certificate issued under Part 3 or 4, a permit issued under Part 4 or 7, an authorization issued under Part 5, a licence issued under Part 7 or an order made under section 214.
10Canadian Energy Regulator
10(1)
A corporation is established to be called the Canadian Energy Regulator.
10(2)Agent of Her Majesty
The Regulator is for all purposes an agent of Her Majesty in right of Canada.
10(3)Head office and other offices
The head office of the Regulator is to be in Calgary, Alberta. The Regulator’s Chief Executive Officer may open or close other offices after consulting the board of directors.
10(4)For greater certainty
For greater certainty, the opening or closing of an office does not change the conditions of appointment of a director or commissioner.
11Mandate
The Regulator’s mandate includes
11(a)
making transparent decisions, orders and recommendations with respect to pipelines, power lines, offshore renewable energy projects and abandoned pipelines;
11(b)
overseeing the construction, operation and abandonment of pipelines, interprovincial power lines and international power lines and overseeing work and activities authorized under Part 5 as well as abandoned facilities;
11(c)
making orders with respect to traffic, tolls and tariffs and overseeing matters relating to traffic, tolls and tariffs;
11(d)
making decisions and orders and giving directions under Part 8 with respect to oil and gas interests, production and conservation;
11(e)
advising and reporting on energy matters;
11(f)
providing alternative dispute resolution processes;
11(g)
exercising powers and performing duties and functions that are conferred on the Regulator under any other Act of Parliament; and
11(h)
exercising its powers and performing its duties and functions in a manner that respects the Government of Canada’s commitments with respect to the rights of the Indigenous peoples of Canada.
12Jurisdiction — Inuvialuit Settlement Region
12(1)
Until March 31, 2034, the Regulator is to be the regulator — under any law of the Legislature of the Northwest Territories that is made under paragraph 19(1)(a), (b) or (c) of the Northwest Territories Act — in respect of that portion of the Inuvialuit Settlement Region, as defined in section 2 of the Canada Oil and Gas Operations Act, that is situated in the onshore as defined in section 2 of the Northwest Territories Act.
12(2)Successive periods and termination
After March 31, 2034, the Government of Canada and the Government of the Northwest Territories may agree that the Regulator is to continue to be the regulator for one or more periods of 20 years each; they may also, before the expiry of each successive period, agree to its earlier termination.
13Governor in Council directions
13(1)
The Governor in Council may, by order, give to the Regulator directions of general application on broad policy matters with respect to the Regulator’s mandate.
13(2)Directions binding
An order made under subsection (1) is binding on the Regulator.
13(3)Publication and tabling
A copy of each order made under subsection (1) must be published in the Canada Gazette and tabled in each House of Parliament.
14Establishment and composition
14(1)
The Regulator is to have a board of directors consisting of at least five but not more than nine directors, including a Chairperson and a Vice-Chairperson.
14(2)Indigenous representation
At least one of the directors must be an Indigenous person.
15Appointment
15(1)
The Chairperson, Vice-Chairperson and the other directors are to be appointed by the Governor in Council to hold office on a part-time basis and during pleasure for a term not exceeding five years.
15(2)Reappointment
A director may be reappointed in the same or another capacity for one or more terms of up to five years each.
15(3)Eligibility — directors
A person is not eligible to be a director if they are the Chief Executive Officer, a commissioner or an employee of the Regulator.
15(4)Eligibility — Chairperson and Vice-Chairperson
A person is not eligible to be Chairperson or Vice-Chairperson unless they are a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act.
15(5)Remuneration and expenses
A director is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and other expenses while performing their duties and functions under this Act while absent from their ordinary place of residence.
16Conflict of Interest Act
For the purposes of the Conflict of Interest Act, the circumstances in which a director is in a conflict of interest while exercising the powers or performing the duties and functions of a director include
16(a)
engaging in, as owner, shareholder, director, officer, partner or in any other way, the business of producing, selling, buying, transmitting, exporting, importing or otherwise dealing in hydrocarbons, electricity or offshore energy;
16(b)
holding any bond, debenture or other security of a corporation engaged in any such business; and
16(c)
holding other employment that is inconsistent with their powers, duties and functions or with any provision of this Act or a regulation made under it.
17Role of the board of directors
17(1)
The board of directors is responsible for the governance of the Regulator and its governance functions include providing strategic direction and advice to the Regulator. The board of directors must not however give directions or provide advice with respect to any particular decision, order or recommendation that is made by the Commission or a commissioner.
17(2)By-laws
The board of directors may make by-laws respecting the conduct of its meetings and the general conduct of its activities.
17(3)Quorum
A majority of the directors holding office, including the Chairperson, constitutes a quorum of the board of directors.
18Annual report
18(1)
The board of directors must, within 120 days after the end of each fiscal year, submit to the Minister a report on the Regulator’s activities under this Act for that fiscal year, and the Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is received.
18(2)Other reports
The board of directors may submit a report to the Minister on the Regulator’s activities if the board considers it appropriate to do so.
18(3)Definition of fiscal year
For the purposes of subsection (1), fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year.
19Role of Chairperson
19(1)
The Chairperson presides over meetings of the board of directors and may perform any duties or functions that are assigned to him or her by the board.
19(2)Acting Chairperson
If the Chairperson is absent or is unable to act or if there is a vacancy in that office, the Vice-Chairperson acts as Chairperson.
19(3)Governor in Council approval
The Vice-Chairperson is not authorized to act as Chairperson for a period of more than 90 days without the approval of the Governor in Council.
20Vacancy
A vacancy in the board of directors does not impair the right of the remaining directors to act.
21Appointment
21(1)
The Chief Executive Officer of the Regulator is to be appointed by the Governor in Council on the recommendation of the Minister after the Minister has consulted the directors.
21(2)Term
The Chief Executive Officer is to hold office on a full-time basis during pleasure for a term of up to six years.
21(3)Reappointment
The Chief Executive Officer may be reappointed for one or more terms of up to six years each. However, the Chief Executive Officer is to serve no more than 10 years in office in total.
21(4)Eligibility
A person is not eligible to be the Chief Executive Officer unless they are a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act.
21(5)Eligibility
A director is not eligible to be the Chief Executive Officer.
21(6)Remuneration and expenses
The Chief Executive Officer is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and other expenses while performing his or her duties and functions under this Act while absent from his or her ordinary place of work.
22Conflict of Interest Act
For the purposes of the Conflict of Interest Act, the circumstances in which the Chief Executive Officer is in a conflict of interest while exercising the powers or performing the duties and functions of the Chief Executive Officer include
22(a)
engaging in, as owner, shareholder, director, officer, partner or in any other way, the business of producing, selling, buying, transmitting, exporting, importing or otherwise dealing in hydrocarbons, electricity or offshore energy;
22(b)
holding any bond, debenture or other security of a corporation engaged in any such business;
22(c)
holding other employment that is inconsistent with the Chief Executive Officer’s powers, duties and functions or with any provision of this Act or a regulation made under it; and
22(d)
holding office as a commissioner or being employed by the Regulator.
23Role of Chief Executive Officer
23(1)
The Chief Executive Officer is responsible for the management of the Regulator’s day-to-day business and affairs, including the supervision of its employees and their work. The Chief Executive Officer must not however give directions with respect to any particular decision, order or recommendation that is made by the Commission or a commissioner.
23(2)Rank of deputy head
The Chief Executive Officer has the rank and the powers of a deputy head of a department.
23(3)Acting Chief Executive Officer
If the Chief Executive Officer is absent or unable to act or if there is a vacancy in that office, an executive of the Regulator designated by the Minister acts as Chief Executive Officer.
23(4)Governor in Council approval
The executive referred to in subsection (3) is not authorized to act as Chief Executive Officer for a period of more than 90 days without the approval of the Governor in Council.
24Designated officers
The Chief Executive Officer may designate employees of the Regulator as designated officers.
25For greater certainty
For greater certainty, the Chief Executive Officer is responsible for the provision of the support services and the facilities that are needed by the Commission to exercise its powers and perform its duties and functions in accordance with the rules that apply to its work.
26Commission
26(1)
The Regulator is to have a Commission that consists of up to seven full-time commissioners. It may also include a complement of part-time commissioners.
26(2)Indigenous representation
At least one of the full-time commissioners must be an Indigenous person.
27Quorum
Subject to subsection 42(2), sections 45 to 47 and subsection 48(2), three commissioners constitutes a quorum of the Commission.
28Appointment
28(1)
The commissioners are to be appointed by the Governor in Council to hold office during good behaviour for a term not exceeding six years.
28(2)Reappointment
A commissioner may be reappointed for one or more terms of up to six years each. However, a commissioner is to serve no more than 10 years in office in total.
28(3)Removal
The Governor in Council may remove a commissioner for cause.
28(4)Eligibility
A person is not eligible to be a commissioner unless they are a Canadian citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act.
28(5)Eligibility
A director is not eligible to be a commissioner.
28(6)Remuneration and expenses — full-time commissioner
A full-time commissioner is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and other expenses while performing their duties and functions under this Act while absent from their ordinary place of work.
28(7)Remuneration and expenses — part-time commissioner
A part-time commissioner is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and other expenses while performing their duties and functions under this Act while absent from their ordinary place of residence.
29Conflict of Interest Act
For the purposes of the Conflict of Interest Act, the circumstances in which a commissioner is in a conflict of interest while exercising the powers or performing the duties and functions of a commissioner include
29(a)
engaging in, as owner, shareholder, director, officer, partner or in any other way, the business of producing, selling, buying, transmitting, exporting, importing or otherwise dealing in hydrocarbons, electricity or offshore energy;
29(b)
holding any bond, debenture or other security of a corporation engaged in any such business;
29(c)
holding other employment that is inconsistent with their powers, duties and functions or with any provision of this Act or a regulation made under it; and
29(d)
holding office as the Chief Executive Officer or being employed by the Regulator.
30Vacancy
A vacancy in the Commission does not impair the right of the remaining commissioners to act.
31Court of record
31(1)
The Commission is a court of record and the Regulator’s seal must be judicially noticed as the Commission’s official seal.
31(2)Powers
The Commission has all the powers, rights and privileges vested in a superior court of record with respect to any matters within its jurisdiction, including the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders and the entry on and inspection of property.
31(3)Expeditious applications and proceedings
All applications and proceedings before the Commission must be dealt with as expeditiously as the circumstances and procedural fairness and natural justice permit, but, in any case, within any time limit provided for under this Act.
32Jurisdiction
32(1)
The Commission has full and exclusive jurisdiction to inquire into, hear and determine any matter if the Commission considers that
32(1)(a)
a person has failed to do anything that is required to be done under this Act, under a condition of a document of authorization, or under an order made or direction given under this Act;
32(1)(b)
a person has done or is doing anything that is contrary to or in contravention of this Act, a condition of a document of authorization or an order made or direction given under this Act; or
32(1)(c)
the circumstances may require the Commission, in the public interest, to make any order or give any direction, leave, sanction or approval that it is authorized to make or give, or that relates to anything that is prohibited, sanctioned or required to be done under this Act, a condition of a document of authorization, or an order made or direction given under this Act.
32(2)Inquiry
The Commission may inquire into any accident involving a pipeline, abandoned pipeline, international power line, offshore renewable energy project, offshore power line or other facility the construction or operation of which is regulated by the Regulator and may, at the conclusion of the inquiry, make
32(2)(a)
findings as to the cause of the accident or factors contributing to it;
32(2)(b)
recommendations relating to the prevention of future similar accidents; or
32(2)(c)
any decision or order that the Commission is authorized to make.
32(3)Matters of law and fact
For the purposes of this Act, the Commission has full jurisdiction to hear and determine all matters, whether of law or of fact.
33Power to act on own initiative
The Commission may on its own initiative inquire into, hear and determine any matter that under this Act it may inquire into, hear and determine.
34Orders and prohibitions
The Commission may
34(a)
order any person to do, immediately or within or at any specified time and in any specified manner, anything that the person is or may be required to do under this Act, under a condition of a document of authorization, or under any order made or direction given by the Commission or a designated officer under this Act; and
34(b)
prohibit the doing or continuing of anything that is contrary to this Act, to a condition of the document of authorization or to the order or direction.
35Rules
The Commission may make rules generally for the carrying out of its work and the management of its internal affairs, including rules respecting
35(a)
the powers, duties and functions of the commissioners;
35(b)
its sittings;
35(c)
its decisions, orders and recommendations; and
35(d)
its procedures and practices.
36Annual report
36(1)
The Commission must, within 120 days after the end of each fiscal year, submit to the Minister a report on the Commission’s activities under this Act for that fiscal year, and the Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is received.
36(2)Other reports
The Commission may submit a report to the Minister on the Commission’s activities if the Commission considers it appropriate to do so.
36(3)Definition of fiscal year
For the purposes of subsection (1), fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year.
37Designation
The Governor in Council must designate one of the full-time commissioners to hold office as Lead Commissioner and one of the full-time commissioners to hold office as Deputy Lead Commissioner.
38Role of Lead Commissioner
The Lead Commissioner is responsible for the business and affairs of the Commission and, in particular, is responsible for apportioning the Commission’s work among the commissioners and for establishing panels — of at least three commissioners — to exercise the powers of the Commission and perform its duties and functions in relation to a matter before it.
39Acting Lead Commissioner
39(1)
The Deputy Lead Commissioner acts as Lead Commissioner if the Lead Commissioner is absent or unable to act or if there is a vacancy in that office.
39(2)Governor in Council approval
The Deputy Lead Commissioner is not authorized to act as Lead Commissioner for a period of more than 90 days without the approval of the Governor in Council.
40Acting Lead and Deputy Lead Commissioners
40(1)
If both the Lead Commissioner and Deputy Lead Commissioner are absent or unable to act or if there are vacancies in both of those offices, a commissioner designated by the Minister acts as Lead Commissioner.