National Energy Board Pipeline Crossing Regulations, Part II (SOR/88-529)
Full Document:
Regulations are current to 2012-05-14
National Energy Board Pipeline Crossing Regulations, Part II
SOR/88-529
Registration 1988-10-18
Regulations Respecting Leave for Crossings of Pipelines
P.C. 1988-2380 1988-10-17
Her Excellency the Governor General in Council, on the recommendation of the Minister of Energy, Mines and Resources, pursuant to subsection 39(2)Footnote * of the National Energy Board Act, is pleased hereby to approve the annexed Regulations respecting leave for crossings of pipelines, made by the National Energy Board.
Return to footnote *S.C. 1980-81-82-83, c. 116, s. 11
SHORT TITLE
1. These Regulations may be cited as the National Energy Board Pipeline Crossing Regulations, Part II.
INTERPRETATION
2. In these Regulations,
- “Act”
“Act” means the National Energy Board Act; (Loi)
- “excavation”
“excavation”[Revoked, SOR/93-239, s. 2]
- “excavator”
“excavator” means the person who performs an excavation and includes the corporation or other legal entity and every agent, affiliate and subcontractor of the corporation or other legal entity that has direct control over the person performing the excavation; (exécutant de travaux d’excavation)
- “facility”
“facility” means
(a) any structure that is constructed or placed on the right-of-way of a pipeline, and
(b) any highway, private road, railway, irrigation ditch, drain, drainage system, sewer, dike, telegraph, telephone line or line for the transmission of hydrocarbons, power or any other substance that is or is to be carried across, along, upon or under any pipeline; (installation)
- “facility owner”
“facility owner” means a person, firm, public agency, corporation, or any combination thereof, that owns a facility or that undertakes or has control over one or more of the activities related to construction, installation, operation, maintenance or removal of a facility; (propriétaire d’installation)
- “leave”
“leave” means the leave of the Board referred to in subsection 112(1) of the Act; (autorisation)
- “permission”
“permission” means the consent given by a pipeline company to a facility owner or excavator to construct or install a facility or to excavate; (permission)
- “pipe”
“pipe” means the pipe and all related appurtenances that belong to a pipeline company and that are used in the transmission of hydrocarbons through a pipeline; (conduite)
- “restricted area”
“restricted area”[Repealed, SOR/2000-384, s. 1]
- SOR/93-239, s. 2;
- SOR/2000-58, s. 1;
- SOR/2000-384, s. 1.
APPLICATION
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.