Canadian Energy Regulator Act (Canada)

Canadian Energy Regulator Act, S.C. 2019, c. 28, s. 10, s. 210

• Section 210 of the Canadian Energy Regulator Act provides:

• Duties of Land Registrar
• Registration of plans, etc.
• 210 (1) Every land registrar must receive and preserve in their office the plans, profiles, books of reference, certified copies and other documents required by this Act to be deposited with the registrar, and must endorse them with the day, hour and minute when they were deposited.

• Copies

• (2) Any person may inspect the documents preserved under subsection (1) and may make extracts and copies of them.
• Certified copies
• (3) A land registrar must, at the request of any person, certify copies of any document or portion of a document preserved under subsection (1), on being paid at a rate that is reasonable and customary in similar cases.
• Certification
• (4) The certification of the land registrar must set out that the document was deposited in the registrar’s office, and must state the time when it was deposited.
• Evidence
• (5) A certified copy referred to in subsection (4) is evidence of the original deposited and is evidence that the original was deposited at the time stated and certified, and that it was signed, certified, attested or otherwise executed by the persons by whom and in the manner in which the original purports to be signed, certified, attested or executed, as shown or appearing by the certified copy, and, in the case of a plan, that the plan is prepared according to a scale and in a manner and form sanctioned by the Commission.

S.C. 2019, c. 28, s. 10

• Practice: An application to file a plan pursuant to the Canadian Energy Regulator Act is subject to the fees set out in Item 4 “General Filing, Amendment or Change” of Land Title Act, Schedule 2 (see chapter 32 (Land Title Fees)). The plan is not assigned an individual plan number.

Canadian Energy Regulator Act, ss. 324 and 326

Sections 324(1) and 326 of the Canadian Energy Regulator Act provide:

• Right of Entry
• Immediate right of entry
• 324 (1) Subject to subsection 317(1), if the Commission considers it appropriate to do so, the Commission may, by order, on application to the Regulator in writing by a company, grant to the company an immediate right to enter any lands on any conditions specified by the Commission in the order.
• Vesting
• 326 (1) An order under subsection 324(1) that grants a company an immediate right to enter lands is deemed to have vested in the company any title, interest or right in the lands that is specified in the order.
• Registration, recording or filing
• (2) Within 30 business days after the day on which the order is made, the company must register or deposit the order with the appropriate land registrar and notify the Regulator and the owner of the lands of its deposit.

Practice: A right of Entry under the Canadian Energy Regulator Act is applied for on the Form 17 Charge, Notation or Filing by selecting “Right of Entry” in item 3 of the form. Right of Entry applications under the Canadian Energy Regulator Act are registered as a Right of Entry charge, because the effect of the order vests in the company title, interest or right in the lands. The application is subject to the fees set out in Item 2 “Charges” of Land Title Act, Schedule 2 (see chapter 32 (Land Title Act—Fees)).