3. These Regulations do not apply to an excavation caused by

• (a) a pipeline company or its agents; or

• (b) activities, other than the construction or installation of a facility, that disturb less than three tenths of a metre of ground below the initial grade and do not reduce the total cover over the pipe.

4. Leave of the Board is not required for any construction or installation of a facility, other than the installation of an overhead line referred to in section 5, if

• (a) the construction or installation of the facility takes place in an area other than an offshore area;

• (b) the facility owner obtains written permission from the pipeline company prior to the construction or installation of the facility and accepts any conditions set out in the permission;

• (c) the facility owner ensures that the work is carried out in accordance with the technical details that are set out in its request for permission that have been accepted by the pipeline company;

• (d) the facility owner ensures that the work is completed within two years after the date the permission referred to in paragraph (b) is granted or within a period otherwise agreed on by the pipeline company and the facility owner;

• (e) where permission is suspended by the pipeline company or the Board in accordance with subsection 14(1) of the National Energy Board Pipeline Crossing Regulations, Part II, the facility owner ceases work;

• (f) unless otherwise agreed on by the pipeline company and the facility owner and, except in cases of emergency, three working days’ notice is given by the facility owner to the pipeline company prior to commencement of construction or installation of the facility;

• (g) in the case of an emergency, as much prior notice as is practicable is given by the facility owner to the pipeline company prior to commencement of construction or installation of the facility;

• (h) the facility owner undertakes and complies with all practices stipulated by the pipeline company to the facility owner to lessen any detrimental effect that the facility may have on a pipe;

• (i) prior to the construction or installation of the facility, the facility owner

  • (i) confirms with the pipeline company that all the pipeline company’s pipes in the vicinity have been staked, and

  • (ii) ensures that the pipeline company has explained, to the satisfaction of the facility owner, the significance of the stakes that identify the location of the pipeline company’s pipes;

• (j) the facility owner complies with the instructions of an authorized field representative of the pipeline company regarding the procedures to be followed while working in the vicinity of a pipe;

• (k) where interference with or alteration of a pipe is necessary, the facility owner obtains prior written consent of the pipeline company;

• (l) where the facility owner receives the consent referred to in paragraph (k), the work is carried out under the supervision of the pipeline company;

• (m) the facility owner immediately notifies the pipeline company of any contact with a pipeline company’s pipe or its coating;

• (n) the facility owner maintains the facility in a state of good repair compatible with the safety of the pipeline and immediately corrects any deterioration in the facility on being informed in writing by the pipeline company pursuant to subsection 15(1) of the National Energy Board Pipeline Crossing Regulations, Part II, except where, unless otherwise ordered by the Board,

  • (i) the facility owner provides the pipeline company with a written undertaking executed by a third party whereby the third party agrees to assume the responsibility for maintaining the facility, or

  • (ii) the facility has been removed or abandoned and the site restored to the satisfaction of the pipeline company;

• (o) the facility owner notifies the pipeline company, in writing, of the proposed abandonment or removal of any facility affecting a pipe or right-of-way of the pipeline; and

• (p) the facility owner removes or alters any facility that could impede the safe and efficient operation of the pipeline, or that the Board considers should be removed or altered for the protection of property and the environment and the safety of the public and the pipeline company’s employees.