National Energy Board Onshore Pipeline Regulations (SOR/99-294)

Regulations are current to 2017-10-13 and last amended on 2016-06-19. Previous Versions

Decommissioning

  •  (1) If a company proposes to decommission a pipeline or part of one, the company shall submit an application for the decommissioning to the Board.

  • (2) The company shall include in the application the reasons, and the procedures that are to be used, for the decommissioning.

  • SOR/2008-269, s. 2.

Training Program

  •  (1) A company shall develop and implement a training program for any employee of the company who is directly involved in the operation of the pipeline.

  • (2) The training program shall instruct the employee on

    • (a) the safety regulations and procedures applicable to the day-to-day operation of the pipeline;

    • (a.1) the security processes, procedures and measures applicable to the day-to-day operation of the pipeline;

    • (b) responsible environmental practices and procedures in the day-to-day operations of the pipeline;

    • (c) the procedures for the proper operation of the equipment that the employee could reasonably be expected to use; and

    • (d) the emergency procedures set out in the manual developed under section 32 and the procedures for the operation of all emergency equipment that the employee could reasonably be expected to use.

  • (3) The company shall use reasonable efforts to ensure that any employee who attends a training program has a working knowledge of the subject-matter of the program at the end of the program.

  • SOR/2013-49, s. 16.

Safety Management Program

 A company shall develop, implement and maintain a safety management program that anticipates, prevents, manages and mitigates potentially dangerous conditions and exposure to those conditions during all activities relating to construction, operation, maintenance, abandonment and emergency situations.

  • SOR/2007-50, s. 19(F);
  • SOR/2013-49, s. 17.

Security Management Program

 A company shall develop, implement and maintain a security management program that anticipates, prevents, manages and mitigates conditions that could adversely affect people, property or the environment.

  • SOR/2013-49, s. 17.

Damage Prevention Program

 A company shall develop, implement and maintain a damage prevention program that anticipates, prevents, manages and mitigates damage to its pipeline and meets the requirements set out in section 16 of the National Energy Board Pipeline Damage Prevention Regulations — Obligations of Pipeline Companies.

  • SOR/2016-134, s. 1.

Environmental Protection Program

 A company shall develop, implement and maintain an environmental protection program that anticipates, prevents, manages and mitigates conditions that could adversely affect the environment.

  • SOR/2007-50, s. 20(F);
  • SOR/2013-49, s. 18.

Board Authority

 When the protection of property and the environment and the safety of the public and the company’s employees warrant it, the Board may direct a company to test, inspect or assess a pipeline in accordance with CSA standards or any other comparable standards.

Abandonment

[SOR/2013-49, s. 22]

Application for Leave to Abandon

 A company shall include in an application made under section 74 of the Act for leave to abandon a pipeline or part of one the reasons, and the procedures that are to be used, for the abandonment.

  • SOR/2008-269, s. 3.

Reporting

[SOR/2013-49, s. 22]

Crossing Reports

 If a company constructs a pipeline that crosses a utility or private road, the company shall

  • (a) immediately notify the Board of the details of unplanned interruption in the operation of the utility or any unplanned closure of the road if the interruption or closure results from the construction of the crossing; and

  • (b) on request, submit a crossing report to the Board that sets out

    • (i) the description and location of the utility or road, and

    • (ii) the name of the authority having control over the utility or the name of the owner of the road.

Incident Report

  •  (1) A company shall immediately notify the Board of any incident relating to the construction, operation or abandonment of its pipeline and shall submit a preliminary and detailed incident report to the Board as soon as is practicable.

  • (2) After notification of an incident, an inspection officer may partially or completely relieve a company from the requirement to submit a preliminary and detailed incident report.

Audits and Inspections

[SOR/2013-49, s. 22]

General Compliance

  •  (1) A company shall conduct inspections on a regular basis and audits, with a maximum interval of three years, to ensure that its pipeline is designed, constructed, operated and abandoned in compliance with

    • (a) Part III of the Act;

    • (b) Part V of the Act, as it relates to the protection of property and the environment and the safety and security of the public and of the company’s employees;

    • (c) these Regulations; and

    • (d) the terms and conditions of any certificate or order issued by the Board, as they relate to the protection of property and the environment and the safety of the public and of the company’s employees.

  • (2) The audit shall document

    • (a) all non-compliance noted; and

    • (b) any corrective action taken or planned to be taken.

  • SOR/2013-49, s. 19.

Construction Inspection

  •  (1) When a company constructs a pipeline, the company or an agent independent of any construction contractor retained by the company shall inspect the construction to ensure that it meets the requirements of these Regulations and complies with the terms and conditions of any certificate or order issued by the Board.

  • (2) An inspection shall be performed by a person who has sufficient expertise, knowledge and training to competently carry out the inspection.

Program Audits

[SOR/2013-49, s. 20]
  •  (1) A company shall conduct audits, with a maximum interval of three years, of the following programs:

    • (a) the emergency management program referred to in section 32;

    • (b) the integrity management program referred to in section 40, including the pipeline control system referred to in section 37;

    • (c) the safety management program referred to in section 47;

    • (d) the security management program referred to in section 47.1;

    • (e) the environmental protection program referred to in section 48; and

    • (f) the damage prevention program referred to in section 47.2.

  • (2) The documents prepared following the audit shall include

    • (a) any deficiencies noted; and

    • (b) any corrective action taken or planned to be taken.

  • SOR/2013-49, s. 21;
  • SOR/2016-134, s. 2.

Record Retention

[SOR/2013-49, s. 22]

Requirements

 A company shall, in addition to complying with the record retention requirements set out in the CSA standards referred to in section 4, retain

  • (a) until at least one month after the date on which they were recorded, the records made under paragraphs 36(c) and 37(b) except for leak detection data, which shall be retained for six months;

  • (b) an annual report on the training program developed under section 46 that compares the actual training received by employees to the planned training;

  • (c) for at least one year after a pipeline or part of one is placed into service, any information with respect to the quality assurance program developed under section 15;

  • (d) for the most recent five years of operation or for the period covered by the two most recent complete audits, whichever period is longer, the records for the audits and inspections required by sections 53 to 55;

  • (e) for as long as the installations referred to in section 38 remain on the pipeline, detailed records of those installations, including

    • (i) the location of the installation,

    • (ii) the type of installation,

    • (iii) the date of installation,

    • (iv) the welding procedure used,

    • (v) the carbon equivalent of the pipeline,

    • (vi) the results of the non-destructive testing performed on the installation, and

    • (vii) the planned date of removal of the installation;

  • (f) accurate records of the location of all buried facilities, until they are removed; and

  • (g) for at least two years after the operation of a pipeline or part of one has been duly abandoned in accordance with all applicable requirements

    • (i) all records available to the company in respect of the procedures used in each stage of the construction of the pipeline or part,

    • (ii) the production reports and mill certificates,

    • (iii) the specifications and name-plate data, if any, of the pumps, compressors, drivers, storage tanks and other major equipment of the pipeline,

    • (iv) the performance curves of all main line pumps and compressors of the pipeline,

    • (v) the reports of all surveillance and monitoring programs developed under section 39,

    • (vi) the documentation referred to in section 41 in respect of pipeline defects, and

    • (vii) the documentation on all incidents reported under section 52.

  • SOR/2007-50, s. 21;
  • SOR/2008-269, s. 4.
 
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