Regulatory Stock Review Plan

This Regulatory Stock Review Plan is a public list and description of planned reviews of regulations that Natural Resources Canada is proposing within the next two fiscal years. It is intended to give Canadians, including businesses and Indigenous peoples, and trading partners, greater opportunity to inform the reviews of regulations and to plan for the future.

The stock review plan identifies a departmental contact point for the planned reviews. The stock review plan will be adjusted and updated over time to reflect NRCan’s regulatory priorities and changes to the operating environment.

Stock Review Plan 2019 – 2021
Energy Sector
Title or Working Title of the Regulation(s) Nuclear Liability and Compensation Regulations (NLCR)
Enabling Act(s) Nuclear Liability and Compensation Act (NLCA)
Rationale Section 26(1) of the NLCA requires that the Minister review the limit of liability, referred to in subsection 24(1), on a regular basis and at least once every 5 years.
Narrative The NLCA, an Act respecting civil liability and compensation for damage in case of a nuclear incident, establishes liability limits for nuclear installations in Canada.
Subsection 26(2) of the NLCA requires that the Minister, in carrying our their review, must have regard to:
(a) changes in the Consumer Price Index, as published
by Statistics Canada under the authority of the Statistics Act;
(b) financial security requirements under international
agreements respecting nuclear liability; and
(c) any other considerations that the Minister considers relevant.
As was done prior to the establishment of the Act and Regulations, NRCan will engage with operators, insurers, and technical experts as required in their review of the NLCA and NLCR. NRCan will also consult with international nuclear liability experts, and consider their treaty commitments and other international standards/precedents when reviewing the liability limit.
Date of last review or amendment (Year) 2015 (pre-assent)
Targeted start for review (Year) 2019. Review required by 2022.
For further information
Departmental or agency contact: Jamie Fairchild, Advisor, Uranium and Radioactive Waste Division, Energy Sector, Natural Resources Canada.
343-292-6210;  Jamie.Fairchild@canada.ca
Title or Working Title of the Regulation(s) Energy Efficiency Regulations, 2016
Enabling Act(s) Energy Efficiency Act
Rationale Undertaking this regulatory review will ensure that the regulations continue to be appropriate and effective, and achieve their intended policy objectives
Narrative Given that the Energy Efficiency Regulations are amended regularly, the Department will determine at a later time when a review would be needed.
Date of last review or amendment (Year) In 2018 and 2019, three amendments were published in the Canada Gazette, Part II. 
Targeted start for review (Year) 2020-21
For further information To be completed upon review.
Departmental or agency contact: Jamie Hulan, Director
Office of Energy Efficiency, Equipment Division
613-996-4359
nrcan.equipment-equipement.rncan@Canada.ca
Title or Working Title of the Regulation(s) Governments are currently reviewing the following regulations. They will be repealed and replaced by the modernized Canada Oil and Gas Framework Regulations, which will be mirrored for the Canada-Newfoundland and Labrador and Canada-Nova Scotia offshore areas.
Newfoundland Offshore Area Oil and Gas Operations Regulations
Newfoundland Offshore Area Petroleum Diving Regulations
Newfoundland Offshore Area Petroleum Geophysical Operations Regulations
Newfoundland Offshore Certificate of Fitness Regulations
Newfoundland Offshore Petroleum Drilling and Production Regulations
Nova Scotia Offshore Petroleum Installations Regulations
Nova Scotia Offshore Area Petroleum Installations Regulations
Nova Scotia Offshore Area Petroleum Diving Regulations
Nova Scotia Offshore Area Petroleum Geophysical Operations Regulations
Nova Scotia Offshore Certificate of Fitness Regulations
Nova Scotia Offshore Petroleum Drilling and Production Regulations
Canada Oil and Gas Drilling and Production Regulations
Canada Oil and Gas Geophysical Operations Regulations
Canada Oil and Gas Installations Regulations
Canada Oil and Gas Operations Regulations 
Canada Oil and Gas Certificate of Fitness Regulations
Canada Oil and Gas Diving Regulations
Enabling Act(s)   Canada Oil and Gas Operations Act (COGOA)
Canada-Newfoundland and Labrador Atlantic Accord Implementation Act
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
Rationale These regulations are outdated and largely prescriptive. They have been the subject of reviews/recommendations by the Standing Joint Committee for the Scrutiny of Regulations. International jurisdictional reviews have indicated the need to modernize these regulations.
Narrative   Through the Frontier and Offshore Regulatory Renewal Initiative, NRCan and its partners are currently working to modernize and amalgamate the existing regulations (stated above) into one set of
operational requirements, known as the 'Framework Regulations'. There will be federal and provincial mirror Framework Regulations to ensure coherence between federal and provincial regulations in each Accord Area, and coherence amongst regulations for each of the four offshore areas. FORRI is an intergovernmental partnership between Natural Resources Canada, Crown-Indigenous Relations and Northern Affairs Canada, the Nova Scotia Department of Energy and Mines and the Newfoundland and Labrador Department of Natural Resources. The Canada-Nova Scotia Offshore Petroleum Board, the Canada-Newfoundland and Labrador Offshore Petroleum Board, and the National Energy Board are also participants in this initiative.
The Framework Regulations will:
  • Update safety and environmental protection requirements to ensure our regulations remain world-class
  • Reduce multi-regulation redundancy
  • Shift to a hybrid regulatory approach with a balance of prescriptive and performance-based requirements
  • Support consistency across jurisdictions
  • Ensure an effective and efficient regulatory regime
 
Date of last review or amendment (Year) The Drilling and Production Regulations were modernized in 2009.  Other regulations have not had a comprehensive review since they were brought into force.
Targeted start for review (Year) The review of the above referenced regulations began in 2014.
Stakeholder Feedback
(once complete)
There have been four general stakeholder sessions held on the Framework Regulations, with other meetings and discussions held with stakeholders and Indigenous Groups as needed/requested. Governments are working to incorporate technical and other feedback received to date.
For further information https://www.nrcan.gc.ca/energy/crude-petroleum/17729
Departmental or agency contact: Cheryl McNeil
Senior Policy Advisor, Offshore Petroleum Management Division
Petroleum Resources Branch, Energy Sector
Cheryl.Mcneil@canada.ca
Title or Working Title of the Regulation(s) Frontier Lands Petroleum Royalty Regulation
Enabling Act(s) Canada Petroleum Resources Act (CPRA)
Rationale To be determined.
Narrative To be determined.
Date of last review or amendment (Year) 2008
Targeted start for review (Year) To be determined by March 31, 2020.
For further information  
Departmental or agency contact: Cheryl McNeil
Senior Policy Advisor, Offshore Petroleum Management Division
Petroleum Resources Branch, Energy Sector
Cheryl.Mcneil@canada.ca
Title or Working Title of the Regulation(s) Canada Oil and Gas Operations Administrative Monetary Penalties Regulations
Canada–Newfoundland and Labrador Offshore Petroleum Administrative Monetary Penalties Regulations
Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations
Enabling Act(s) Canada Oil and Gas Operations Act
Canada-Newfoundland and Labrador Atlantic Accord Implementation Act
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
Rationale A regulatory review of the entire regulation is not required this fiscal year, but the Schedule will be amended (via a consequential amendment) when the Framework Regulations are brought into force (late 2020).
Narrative   A partial review of the Schedule to these regulations will be undertaken as part of the Frontier and Offshore Regulatory Renewal Initiative (FORRI) Framework Regulations project. The Schedule currently references regulations that will be repealed once the Framework Regulations are brought into force.
Date of last review or amendment (Year) These regulations were brought into force February 26, 2016, and have not been reviewed since that time.
Targeted start for review (Year) Early 2020.
For further information https://www.nrcan.gc.ca/energy/crude-petroleum/17729
Departmental or agency contact: Cheryl McNeil
Senior Policy Advisor, Offshore Petroleum Management Division
Petroleum Resources Branch, Energy Sector
Cheryl.Mcneil@canada.ca
Title or Working Title of the Regulation(s) Canada-Newfoundland and Labrador Offshore Petroleum Cost Recovery Regulations
Canada-Nova Scotia Offshore Petroleum Cost Recovery Regulations
Enabling Act(s)   Canada-Newfoundland and Labrador Atlantic Accord Implementation Act
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
Rationale Only one review is planned at this time for the Canada-Newfoundland and Labrador Offshore Petroleum Cost Recovery Regulations to align it with recent carbon pricing amendments made to the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act.
Narrative   In December 2018, legislative amendments that allow for the incorporation by reference of Newfoundland and Labrador’s provincial carbon pricing regime into the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act and its application to the Canada-Newfoundland and Labrador offshore area received royal assent.
To ensure consistency between recent legislative amendments and the existing Canada-Newfoundland and Labrador Offshore Petroleum Cost Recovery Regulations, regulatory amendments will be required to allow the CNLOPB to recover the costs of administering the provincial carbon-pricing regime via the regulations, and return these amounts entirely to the province of Newfoundland and Labrador.
Date of last review or amendment (Year) The Canada-Newfoundland and Labrador Offshore Petroleum Cost Recovery Regulations and Canada-Nova Scotia Offshore Petroleum Cost Recovery Regulations came into force in February 2016, and have not been reviewed since.
Targeted start for review (Year) Early 2020 for the Canada-Newfoundland and Labrador Offshore Petroleum Cost Recovery Regulations.
A review is not currently required for the Canada-Nova Scotia Offshore Petroleum Cost Recovery Regulations. 
For further information  
Departmental or agency contact: Franco Bello
Policy Analyst, Offshore Petroleum Management Division
Petroleum Resources Branch, Energy Sector
Franco.Bello@canada.ca
Title or Working Title of the Regulation(s) Canada–Newfoundland and Labrador Offshore Area Registration Regulations
Enabling Act(s)   Canada–Newfoundland And Labrador Atlantic Accord Implementation Act
Rationale To be determined.
Narrative To be determined.
Date of last review or amendment (Year) Consequential amendments were made to these regulations in 2016, with the coming into force of the Canada–Newfoundland and
Labrador Offshore Petroleum Cost Recovery Regulations (Sections 1, 8, 14, and the Schedule).
Targeted start for review (Year) To be determined. These regulations were already recently amended (2016).
For further information  
Departmental or agency contact: Cheryl McNeil
Senior Policy Advisor, Offshore Petroleum Management Division
Petroleum Resources Branch, Energy Sector
Cheryl.Mcneil@canada.ca
Title or Working Title of the Regulation(s) Canada Oil and Gas Operations Financial Requirements Regulations
Canada–Newfoundland and Labrador Offshore Petroleum Financial Requirements Regulations
Canada-Nova Scotia Offshore Petroleum Financial Requirements Regulations
Enabling Act(s)   Canada Oil and Gas Operations Act (COGOA)
Canada-Newfoundland and Labrador Atlantic Accord Implementation Act
Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
Rationale No review is planned at this time.
Narrative   To be determined.
Date of last review or amendment (Year) These regulations were brought into force February 26, 2016, and have not been reviewed since that time.
Targeted start for review (Year) To be determined. These regulations were recently brought into force (2016).
For further information  
Departmental or agency contact: Cheryl McNeil
Senior Policy Advisor, Offshore Petroleum Management Division
Petroleum Resources Branch, Energy Sector
Cheryl.Mcneil@canada.ca
Title or Working Title of the Regulation(s) Canada-Newfoundland and Labrador Offshore Marine Installation and Structures Transitional Regulations
Canada-Newfoundland and Labrador Offshore Marine Installation and Structures Occupational Health and Safety Transitional Regulations
Canada-Newfoundland and Labrador Offshore Area Diving Safety Transitional Regulations
Canada-Nova Scotia Offshore Marine Installation and Structures Transitional Regulations
Canada-Nova Scotia Offshore Marine Installation and Structures Occupational Health and Safety Transitional Regulations
Canada-Nova Scotia Offshore Area Diving Safety Transitional Regulations      
Enabling Act(s)   Canada-Newfoundland and Labrador Atlantic Accord Implementation Act
Canada- Nova Scotia Offshore Petroleum Resources Implementation Act
Rationale Transitional regulations, introduced in 2015, will automatically repeal on December 31, 2020; new regulations must be in force prior to that date to ensure continuity of the occupational health and safety regulatory regime in the Canada-Newfoundland and Labrador and Canada-Nova Scotia offshore areas.
Narrative   The Atlantic Occupational Health and Safety (OHS) Initiative will replace the expiring transitional regulations with modern occupational health and safety regulations, tailored to the unique working environment of oil and gas activities in offshore Atlantic Canada
The Atlantic OHS Initiative is an intergovernmental partnership between Natural Resources Canada, ESDC-Labour Program, Transport Canada, the Governments of Newfoundland and Labrador and Nova Scotia. The Canada-Newfoundland and Labrador Offshore Petroleum Board, and the Canada-Nova Scotia Offshore Petroleum Board are also participants in this initiative.
Date of last review or amendment (Year) N/A
Targeted start for review (Year) Currently under review
Outcomes (once complete)
  • Reviewed & confirmed
  • Amended
  • Removed
  • Replaced
The transitional regulations will be replaced with a new, consolidated occupational health and safety regulations for each of the Canada-Newfoundland and Labrador and Canada-Nova Scotia offshore areas. The new regulations will be a modernized and tailored to the unique conditions of offshore oil and gas workplaces.  
For further information The OHS webpage contains links to the policy intent documents, as well as contact information, where interested parties can provide feedback.
Departmental or agency contact: Kim Phillips
Senior Regulatory Officer, Offshore Petroleum Management Division
Petroleum Resources Branch, Energy Sector
kim.phillips@canada.ca
Title or Working Title of the Regulation(s) Oil Import Compensation Regulations No. 1, 1975
Enabling Act(s) Appropriation Acts
Appropriation Act No. 5, 1974
Rationale To be determined.
Narrative Regulations Providing for Compensation to Certain Refiners and Importers of Crude Oil and Petroleum Products for Consumption in Canada.
Date of last review or amendment (Year) N/A
Targeted start for review (Year) To be determined. This regulation is linked to the Energy Supplies Emergency Act (ESEA), and should be reviewed in tandem with a future review of the ESEA, likely by 2021.
For further information To be completed upon review.
Departmental or agency contact: Dennis Trigylidas, Deputy Director
Canadian Oil, Refining, and Energy Security Division
613-415-2439
dennis.trigylidas@canada.ca  
Lands and Minerals Sector
Title or Working Title of the Regulation(s) Canada Lands Surveyors Regulations
Enabling Act(s) Canada Lands Surveyors Act
The Association of Canada Lands Surveyors (ACLS) Council is the Regulatory authority to make regulations subject to the approval of the Minister.
Rationale The regulatory review is necessary to maintain professional practising standards for the Canada Lands Surveying profession for the continued protection of the public.
Narrative The Department is working with the Council of the Association of Canada Lands Surveyors in reviewing the Complaints and Discipline process to ensure the public interest is served.  These reviews will likely lead to changes to the Act and the regulations.
Date of last review or amendment (Year)   Last amended on 2016-10-12
Targeted start for review (Year) 2020
For further information  
Departmental or agency contact: Martin Gingras
Deputy Surveyor General and Regional Director
Natural Resources Canada
(613) 899-6611
Martin.Gingras@canada.ca  
Title or Working Title of the Regulation(s) Lands Surveys Tariff
Enabling Act(s) Canada Lands Surveys Act
Rationale The current regulation on Lands Surveys Tariff is outdated and no longer in use. It was identified as a regulation that can be repealed.  It was recommended that NRCan maintain it until the department has a requirement to meet the “One-for-One” requirement.  
Narrative The Canada Lands Surveys Act dates back to 1960 with minor amendments along the way to reflect policy changes.  The Act affects land management in Canada’s Northern Territories, on Indigenous lands and in Canada’s Oceans.  Territorial devolution, reconciliation with Indigenous Peoples, Canada’s extended territory over its Continental Shelf, and digitization have considerably changed the landscape since 1960.  The Department will start a review of the Act in 2019/20 which will likely lead to changes in Regulations.
Date of last review or amendment (Year)   Not reviewed
Targeted start for review (Year) 2021-2022  
For further information To be determined.
Departmental or agency contact: Jean Gagnon
Surveyor General/International Boundary Commission
Natural Resources Canada
(343) 292-6642
Jean.Gagnon@canada.ca
Title or Working Title of the Regulation(s) Explosives Regulations
Enabling Act(s) Explosives Act
Rationale As technologies, business processes, and risk environments evolve, there is ongoing need to amend the Explosives Regulations to address safety and security issues, while also enhancing Canada’s competitiveness.
Narrative   Objectives are to:
  • Analyze current regulatory requirements aimed at ensuring the secure use of explosives and precursor chemicals to prevent misuse by criminals and terrorists; and,
  • Review relevancy, effectiveness, flexibilities and efficiencies of regulatory requirements.
Stakeholders will be engaged via various communication channels, including soliciting comments from industry associations and the public.
Date of last review or amendment (Year) 2017 – 2018: Amendment #2 - Review of handling of explosives at Canadian ports and wharves (Part 9) plus miscellaneous minor amendments (Parts 1 – 18)
2018 – 2019: Amendment #3 - Review of Restricted Components (Part 20). Proposed amendments were published in Canada Gazette, Part 1 in May 2019.
Targeted start for review (Year) 2019 – 2020: Review of access controls to high-risk explosives and other industry sector-based amendments; and streamline explosives transportation requirements with Transport Canada’s TDG Regulations on accident/incident reporting.
For further information Please see the Explosives Safety and Security Branch’s Forward Regulatory Plan: https://www.nrcan.gc.ca/explosives/acts-regulations/18322
Departmental or agency contact: Jean-Luc Arpin, Director/Chief Inspector of Explosives
Explosives Safety and Security Branch, LMS
343-292-8731
Jean-luc.Arpin@canada.ca Patrick O’Neill, Director General
Explosives Safety and Security Branch, LMS
343-292-8748
Patrick.Oneill@canada.ca
Title or Working Title of the Regulation(s) Export and Import of Rough Diamonds Regulations
Enabling Act(s) Export and Import of Rough Diamonds Act An Act providing for controls on the export, import or transit across Canada of rough diamonds and for a certification scheme for the export of rough diamonds in order to meet Canada’s obligations under the Kimberley Process
Rationale The implementation of the Kimberley Process Certification Scheme in Canada is achieved through its legislation. The Export and Import of Rough Diamonds Act contains Canada’s requirements for exporting and importing rough diamonds.
Narrative  
Date of last review or amendment (Year) Last amended on April 20, 2007
Targeted start for review (Year) 2020
For further information  
Departmental or agency contact: Kimberley Process Office
Natural Resources Canada
Tel.: 343-292-8710
Toll-free tel.: 1-866-539-0766
Email: NRCan.kpc-cpk-canada-kpc-cpk-canada.RNCan@canada.ca
Canadian Forest Service
Title or Working Title of the Regulation(s) Timber Regulations, 1993
Enabling Act(s) Forestry Act
An Act respecting forestry development and research
Rationale The Timber Regulations were recently reviewed by the Standing Joint Committee for the Scrutiny of Regulations after a lengthy period of correspondence (2007 to 2016) with the department.
Narrative The Timber Regulations pertain only to the cutting and harvesting taking place on federal lands.
Since the majority of timber harvesting occurs on provincially or privately owned land, there is very little timber harvesting taking place on federal land.
Date of last review or amendment (Year)   2017
Targeted start for review (Year) In light of the recent (2017) amendment and lengthy preceding review from the Standing Joint Committee for the Scrutiny of Regulations, another review is not forecast at this time.
For further information To be determined.
Departmental or agency contact: Rhonda Burke
Canadian Forest Service, Natural Resources Canada
Rhonda.burke@canada.ca
343-292-8508
Title or Working Title of the Regulation(s) Report on the State of Canada’s Forests Regulations
Enabling Act(s) Department of Natural Resources Act 
An Act to establish the Department of Natural Resources and to amend related Acts.
Rationale No update required. Report on the State of Canada’s Forests Regulations are a one-sentence requirement asking that the Minister of Natural Resources report on the state of the forests in Canada.
Narrative Regulations require that the Minister of Natural Resources prepare a report regarding the state of the forests in Canada and their contribution to the economy and environment of Canada and to the social well-being of Canadians.
Date of last review or amendment (Year)   Not known
Targeted start for review (Year) Due to their brevity and clarity, it is not recommended that these regulations undergo a review process in the foreseeable future.
For further information The State of Canada’s Forests report, as required by this regulation, is published annually on the Natural Resources Canada website.
Departmental or agency contact: Rhonda Burke
Canadian Forest Service, Natural Resources Canada
Rhonda.burke@canada.ca
343-292-8508