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  1. Administrative Monetary Penalties Regulations (National Energy Board) - SOR/2013-138 (SCHEDULE 1 : Violations)
    Administrative Monetary Penalties Regulations (National Energy Board)

    [...]

    PART 1

    National Energy Board Act

    Item Column 1 Column 2 Column 3
    Provision Short-form Description Classification
    15 75 Failure to do as little damage as possible in exercising the powers granted and to compensate for damage Type B

    PART 2

    National Energy Board Onshore Pipeline Regulations

    Item Column 1 Column 2 Column 3
    Provision Short-form Description Classification
    1 4 Failure to ensure that a pipeline is designed, constructed, operated or abandoned as prescribed Type B
    3 6 Failure to design, construct, operate or abandon as prescribed Type B
    4 6.1 Failure to establish, implement and maintain a management system as prescribed Type B
    5 6.2(1) Failure to appoint an accountable officer and to ensure that the management system is established, implemented and maintained as prescribed Type B
    6 6.2(2) Failure to notify the Board as prescribed Type A
    7 6.2(3) Failure to ensure that the accountable officer has authority as prescribed Type B
    8 6.3(1) Failure to establish policies and goals as prescribed Type B
    9 6.3(2) Failure to base the management system on established policies and goals as prescribed Type B
    10 6.3(3) Failure of the accountable officer to prepare and communicate a policy statement as prescribed Type B
    11 6.4 Failure to have an organizational structure as prescribed Type B
    12 6.5 Failure to establish, develop, implement, maintain and document processes as prescribed Type B
    13 6.6 Failure to complete an annual report and submit a statement as prescribed Type B
    15 10(1) Failure to develop a documented risk assessment as prescribed Type B
    17 11 Failure to design and equip a station as prescribed Type B
    18 12 Failure to equip a compressor station or pump station with an alternate source of power as prescribed Type B
    19 13 Failure to locate, service or design a storage facility as prescribed Type B
    21 15 Failure to develop a quality assurance program as prescribed Type B
    22 16 Failure to develop a joining program as prescribed, and to submit it to the Board when required Type B
    23 17 Failure to examine each joint as prescribed Type B
    24 18 Failure to contract for services as prescribed Type B
    26 19(b) Failure to inform persons of safety practices and procedures as prescribed Type B
    28 20(1.1) Failure to set out responsibilities as prescribed Type B
    29 20(2) Failure to keep a copy of the construction safety manual or relevant parts of it as prescribed Type B
    30 21 Failure to restore the right-of-way and temporary work areas of a pipeline as prescribed Type B
    32 23 Failure to develop a pressure testing program as prescribed, and to submit it to the Board when required Type B
    34 25 Failure to perform pressure testing as prescribed Type B
    35 26 Failure to minimize the number of welds that are not pressure-tested as prescribed Type B
    36 27 Failure to develop, regularly review and update as required operation and maintenance manuals as prescribed and to submit them to the Board when required Type B
    37 28 Failure to inform persons of practices and procedures and to make available to them the relevant portion of operation and maintenance manuals as prescribed Type B
    38 29 Failure to contract for services as prescribed Type B
    40 30(b) Failure to take reasonable steps to inform persons of safety and environmental protection practices and procedures as prescribed Type B
    42 31(1.1) Failure to set out responsibilities as prescribed Type B
    43 31(2) Failure to keep a copy of the maintenance safety manual or the relevant parts of it as prescribed Type B
    44 32(1) Failure to develop, implement and maintain an emergency management program as prescribed Type B
    47 33 Failure to establish and maintain liaison as prescribed, and failure to consult as prescribed Type B
    48 34 Failure to inform persons who may be associated with an emergency response activity as prescribed Type B
    49 35 Failure to develop a continuing education program as prescribed Type B
    50 36(a) Failure to maintain communication facilities as prescribed Type B
    51 36(b) Failure to periodically test instruments and equipment as prescribed Type B
    52 36(c) Failure to continually record as prescribed Type B
    53 36(d) Failure to clearly mark valves as prescribed Type B
    54 36(e) Failure to clearly mark valves as prescribed Type B
    55 36(f) Failure to post signage as prescribed Type B
    56 37 Failure to develop and implement a pipeline control system as prescribed Type B
    57 38(1) Performing welding on a liquid-filled pipeline other than as prescribed Type B
    58 38(2) Failure to treat weld as a temporary installation and replace that installation with a permanent one as soon as is practicable Type B
    59 38(3) Failure to submit specifications, procedures and results for approval as prescribed Type B
    60 39 Failure to develop a surveillance and monitoring program as prescribed Type B
    61 40 Failure to develop, implement and maintain an integrity management program as prescribed Type B
    62 41(1) Failure to document the particulars of a defect on a pipeline as prescribed Type B
    64 42 Failure to submit a proposed plan as prescribed Type B
    65 43 Failure to submit an application for a change or increase as prescribed Type B
    66 44 Failure to submit an application for proposed deactivation as prescribed Type B
    67 45 Failure to submit an application for reactivation as prescribed Type B
    68 45.1 Failure to submit an application for decommissioning as prescribed Type B
    69 46 Failure to develop and implement a training program as prescribed Type B
    70 47 Failure to develop, implement and maintain a safety management program as prescribed Type B
    71 47.1 Failure to develop, implement and maintain a security management program as prescribed Type B
    71.1 47.2 Failure to develop, implement and maintain a damage prevention program as prescribed Type B
    72 48 Failure to develop, implement and maintain an environmental protection program as prescribed Type B
    73 51(a) Failure to notify as prescribed Type A
    74 51(b) Failure to submit to the Board on request a crossing report as prescribed Type A
    75 52(1) Failure to notify and submit a report to the Board as prescribed Type A
    76 53(1) Failure to conduct inspections and audits as prescribed Type B
    77 53(2) Failure to document the audit as prescribed Type B
    78 54(1) Failure to inspect the construction of a pipeline as prescribed Type B
    80 55 Failure to conduct and document audits as prescribed Type B
    81 56 Failure to retain records as prescribed Type A

    PART 3

    National Energy Board Processing Plant Regulations

    Item Column 1 Column 2 Column 3
    Provision Short-form Description Classification
    1 4(1) Failure to ensure that the company’s processing plant is designed, constructed, operated or abandoned as prescribed Type B
    2 5 Failure to ensure that the company’s processing plant is designed, constructed, operated or abandoned as prescribed Type B
    4 10 Failure to develop, implement and maintain quality control and quality assurance programs as prescribed Type B
    5 11 Failure to conduct a risk analysis as prescribed Type B
    7 13 Failure to develop and implement a safety program as prescribed Type B
    8 14 Failure to develop and implement an environmental protection program as prescribed Type B
    9 15 Failure to contract for services as prescribed Type B
    12 18 Failure to ensure that each tank, bullet, sphere or other container is designed, constructed and maintained as prescribed Type B
    13 19 Failure to ensure that process equipment and flammable vapour sources are separated as prescribed Type B
    14 20 Failure to ensure that process vessels and equipment are vented as prescribed Type B
    15 21 Failure to equip all flare headers as prescribed Type B
    16 22 Failure to ensure reliable fire suppression systems as prescribed Type B
    17 23 Failure to equip a processing plant with systems as prescribed Type B
    18 24 Failure to equip a processing plant with alarm devices as prescribed Type B
    19 25 Failure to ensure that all pressure-relief piping and systems are designed and constructed as prescribed Type B
    20 26(a) Failure to ensure construction does not create a detriment or hazard as prescribed Type B
    21 26(b) Failure to inform persons at the construction site as prescribed Type B
    22 26(c) Failure to inform persons on the work site as prescribed Type B
    24 27(2) Failure to keep a copy of the construction safety manual at the processing plant as prescribed Type B
    25 28(1) Failure to ensure direct supervision of pressure tests as prescribed Type B
    26 28(2) Failure to ensure the independence of the test supervisor as prescribed Type B
    28 29 Failure of the company to develop and implement a non-destructive weld examination program as prescribed Type B
    29 30(1)(a) Failure to develop, implement, regularly review and update operations manuals as prescribed Type B
    30 30(1)(b) Failure to keep a copy of the operations manuals as prescribed Type B
    32 31(2) Failure to develop and implement a safe-work permit system as prescribed Type B
    33 32 Failure to ensure that a processing plant is staffed as prescribed Type B
    34 33(a) Failure to ensure maintenance activities do not create a detriment or hazard as prescribed Type B
    35 33(b) Failure to inform persons at a maintenance site as prescribed Type B
    38 35(b) Failure to submit the emergency procedures manual as prescribed Type A
    39 35(c) Failure to submit updates as prescribed Type A
    40 36 Failure to establish and maintain liaison as prescribed and failure to consult as prescribed Type B
    41 37 Failure to inform persons who may be associated with an emergency response activity as prescribed Type B
    42 38 Failure to develop and implement a continuing educational program as prescribed Type B
    43 39(a) Failure to maintain communication facilities as prescribed Type B
    44 39(b) Failure to retain incident data as prescribed Type B
    45 39(c) Failure to clearly mark valves as prescribed Type B
    46 39(d) Failure to post signage as prescribed Type B
    47 39(e) Failure to post signage as prescribed Type B
    48 40(a) Failure to test hazard-detection devices as prescribed Type B
    50 41 Failure to develop and implement a processing plant integrity program as prescribed Type B
    51 42 Failure to notify of plant deactivation as prescribed Type A
    52 43.1 Failure to submit an application for decommissioning as prescribed Type B
    53 44 Failure to develop and implement a training program as prescribed Type B
    54 45 Failure to ensure visitors are made familiar with the safety program as prescribed Type B
    56 47(a) Failure to notify of any hazard as prescribed Type A
    57 47(b) Failure to provide a report as prescribed Type B
    58 48 Failure to report burning as prescribed Type A
    59 49(1.1) Failure to notify as prescribed Type A
    60 50 Failure to prepare and keep current a report as prescribed Type B
    61 51 Failure to regularly conduct balance analysis as prescribed Type B
    62 52(1) Failure to conduct audits and inspections as prescribed Type B
    63 52(2) Failure to document an audit as prescribed Type B
    64 53 Failure to inspect as prescribed Type B
    65 54 Failure to annually audit the competency of all employees as prescribed Type B

    PART 4

    National Energy Board Pipeline Damage Prevention Regulations — Authorizations

    Item Column 1 Column 2 Column 3
    Provision Short-form Description Classification
    1 3 Failure to make a locate request as prescribed Type B
    2 4 Failure to inform all persons as prescribed Type A

    PART 5

    National Energy Board Pipeline Damage Prevention Regulations — Obligations of Pipeline Companies

    Item Column 1 Column 2 Column 3
    Provision Short-form Description Classification
    3 4 Failure to provide information and all reasonable assistance as prescribed Type B
    4 5 Failure to send comments to the Board as prescribed Type A
    5 6(1)(a) Failure to inform, in writing, as prescribed Type B
    6 6(1)(b) Failure to mark location of a pipe as prescribed Type B
    7 6(1)(c) Failure to provide information as prescribed Type B
    8 7 Failure to identify and notify of locations as prescribed Type B
    9 8(a) Failure to carry out inspections that are necessary as prescribed Type B
    10 8(b) Failure to inspect all exposed pipe prior to backfilling as prescribed Type B
    11 9(1) Failure to notify the facility’s owner in writing of any deterioration as prescribed Type B
    12 9(2) Failure to notify the Board in writing as prescribed Type A
    14 11 Failure to report to the Board as prescribed Type A
    15 12 Failure to keep records as prescribed Type A
    16 13 Failure to make records and all other materials available to officers of the Board and other authorized persons and give them assistance as necessary to inspect the records as prescribed Type B
    17 14 Failure to provide a list as prescribed Type A
    18 15 Failure to develop and maintain guidelines as prescribed and to make them public Type B

    PART 6

    Power Line Crossing Regulations

    Item Column 1 Column 2 Column 3
    Provision Short-form Description Classification
    1 3 Failure to construct a facility or excavate as prescribed or failure to obtain leave Type B
    2 4 Failure to construct a power line as prescribed or failure to obtain leave Type B

    [...]


  2. Administrative Monetary Penalties Regulations (National Energy Board) - SOR/2013-138 (Section 2)
    Administrative Monetary Penalties Regulations (National Energy Board)
    Marginal note:Provisions of the Act or regulations
    •  (1) The contravention of a provision of the Act or any of its regulations that is set out in column 1 of Schedule 1 is designated as a violation that may be proceeded with in accordance with sections 134 to 154 of the Act.

    • Marginal note:Orders and decisions

      (2) The contravention of any order or decision made under the Act is designated as a violation that may be proceeded with in accordance with sections 134 to 154 of the Act.

    • Marginal note:Terms and conditions

      (3) The failure to comply with any term or condition of any certificate, licence, permit, leave or exemption that is granted under the Act is designated as a violation that may be proceeded with in accordance with sections 134 to 154 of the Act.


  3. Administrative Monetary Penalties Regulations (National Energy Board) - SOR/2013-138 (Section 3)
    Administrative Monetary Penalties Regulations (National Energy Board)
    Marginal note:Provisions
    •  (1) The violation of a provision that is set out in column 1 of Schedule 1 is classified as a Type A or Type B violation as set out in column 3 of that Schedule.



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