SOR/99-29419996
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202210
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NATIONAL ENERGY BOARD ACTCanadian Energy Regulator Onshore Pipeline RegulationsP.C.1999-1184  19996
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The National Energy Board, pursuant to subsection 48(2) of the National Energy Board Act, hereby makes the annexed Onshore Pipeline Regulations, 1999.Calgary, Alberta, May 26, 1999His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to subsection 48(2) of the National Energy Board Act, hereby approves the annexed Onshore Pipeline Regulations, 1999, made by the National Energy Board.Interpretation
The definitions in this section apply in these Regulations.abandon means to permanently cease operation such that the cessation results in the discontinuance of service. (cessation d’exploitation)accountable officer means a person appointed as accountable officer under subsection 6.2(1). (dirigeant responsable)Act means the Canadian Energy Regulator Act. (Loi)change of service means a change in the type of fluid transported in the pipeline, which necessitates changes to the design requirements in accordance with CSA Z662. (modification du service)class location means a class location as defined in CSA Z662 and as determined in accordance with that standard. (classe d’emplacement)Commission means the Commission referred to in subsection 26(1) of the Act. (Commission)component means a component as defined in CSA Z662. (élément)CSA means the Canadian Standards Association. (CSA)CSA W178.2[Repealed, SOR/2007-50, s. 1]CSA Z246.1 means CSA Standard Z246.1 entitled Security Management for Petroleum and Natural Gas Industry Systems, as amended from time to time. (norme CSA Z246.1)CSA Z276 means CSA Standard Z276 entitled Liquefied Natural Gas (LNG) - Production, Storage and Handling, as amended from time to time. (norme CSA Z276)CSA Z341 means CSA Standard Z341 entitled Storage of Hydrocarbons in Underground Formations, as amended from time to time. (norme CSA Z341)CSA Z662 means CSA Standard Z662 entitled Oil and Gas Pipeline Systems, as amended from time to time. (norme CSA Z662)deactivate means to remove temporarily from service. (désactivation)decommission means to permanently cease operation such that the cessation does not result in the discontinuance of service. (désaffectation)environment means elements of the Earth and includesland, water and air, including all layers of the atmosphere;all organic and inorganic matter and living organisms; andthe interacting natural systems that include elements referred to in paragraphs (a) and (b). (environnement)HVP means high vapour pressure as defined in CSA Z662. (HPV)incident means an occurrence that results inthe death of or serious injury to a person;a significant adverse effect on the environment;an unintended fire or explosion;an unintended or uncontained release of LVP hydrocarbons in excess of 1.5 m3;an unintended or uncontrolled release of gas or HVP hydrocarbons;the operation of a pipeline beyond its design limits as determined under CSA Z662 or CSA Z276 or any operating limits imposed by the Regulator. (incident)inspection officer means an inspection officer designated by the Chief Executive Officer under section 102 of the Act. (inspecteur)joining means the joining of pipe and components, performed after the pipe and component manufacturing processes. (assemblage)LVP means low vapour pressure as defined in CSA Z662. (BPV)management system means the system set out in sections 6.1 to 6.6. (système de gestion)maximum operating pressure means maximum operating pressure as defined in CSA Z662. (pression maximale de service)onshore pipeline or pipeline means a pipeline intended for the transmission of hydrocarbons that is not in an offshore area. (pipeline terrestre ou pipeline)operate includes repair, maintain, deactivate, reactivate and decommission. (exploitation)release includes discharge, spray, spill, leak, seep, pour, emit, dump and exhaust. (rejet)serious injury includes an injury that results inthe fracture of a major bone;the amputation of a body part;the loss of sight in one or both eyes;internal hemorrhage;third degree burns;unconsciousness; orthe loss of a body part or function of a body part. (blessure grave)station means a facility that is used in connection with the operation of a pipeline and includes a facility for pumping, compression, pressure reduction, storage of hydrocarbons, metering, receiving or delivering. It also includes the land and other works connected with the facility. (station)storage facility means a facility that is constructed for the storage of oil and includes the land and other works connected with the facility. (installation de stockage)toxic substance means a substance that enters the environment in a quantity or concentration that mayhave an immediate or long-term adverse effect on the environment;constitute a danger to the environment on which human life depends; orconstitute a danger to human life or health. (substance toxique)SOR/2007-50, s. 1; SOR/2008-269, s. 1; SOR/2013-49, s. 2SOR/2020-50, s. 15SOR/2020-50, s. 29
Application
Subject to sections 2.1 and 3, these Regulations apply in respect of onshore pipelines designed, constructed, operated or abandoned after the coming into force of these Regulations.SOR/2003-39, s. 56
These Regulations do not apply in respect of a hydrocarbon processing plant that is subject to the Canadian Energy Regulator Processing Plant Regulations.SOR/2003-39, s. 56SOR/2020-50, s. 16
Subject to subsection (2), sections 9 to 26 apply in respect of any construction, maintenance or repairs undertaken with respect to a pipeline.Sections 9 to 26 do not apply in respect of a pipeline or any part of a pipelinethat exists on the coming into force of these Regulations; orfor which an authorization to construct, maintain or repair it was issued on or before the coming into force of these Regulations.SOR/2013-49, s. 3
General
When a company designs, constructs, operates or abandons a pipeline, or contracts for the provision of those services, the company shall ensure that the pipeline is designed, constructed, operated or abandoned in accordance with the applicable provisions ofthese Regulations;CSA Z276, if the pipeline transports liquefied natural gas;CSA Z341 for underground storage of hydrocarbons;CSA Z662, if the pipeline transports liquid or gaseous hydrocarbons; andCSA Z246.1 for all pipelines.Without limiting the generality of subsection (1), the company shall ensure that the pipeline is designed, constructed, operated or abandoned in accordance with the design, specifications, programs, manuals, procedures, measures and plans developed and implemented by the company in accordance with these Regulations.If there is an inconsistency between these Regulations and a standard referred to in paragraph (1)(b), (c), (d) or (e), these Regulations prevail to the extent of the inconsistency.SOR/2013-49, s. 4
If a company is required by these Regulations to develop a design, specification, program, manual, procedure, measure or plan, the Commission may order amendments to it if the Commission considers it necessary for safety or environmental reasons or if it is in the public interest to do so.SOR/2020-50, s. 30
Designs, specifications, programs, manuals, procedures, measures or plans for which no standard is set out in these Regulations shall be submitted by a company to the Commission for approval.The Commission shall approve a design, specification, program, manual, procedure, measure or plan ifit provides for a level of safety or protection at least equivalent to the level of safety or protection generally provided for by a comparable CSA standard, or by another applicable standard; orin the absence of a comparable CSA or other applicable standard, it provides for a level of safety or protection that is adequate in the circumstances.SOR/2007-50, s. 4; SOR/2013-49, s. 6SOR/2020-50, s. 30
The purpose of these Regulations is to require and enable a company to design, construct, operate or abandon a pipeline in a manner that ensuresthe safety and security of persons;the safety and security of pipelines and abandoned pipelines; andthe protection of property and the environment.SOR/2007-50, s. 2(F); SOR/2013-49, s. 5SOR/2020-50, s. 17SOR/2022-199, s. 1(F)
Management System
A company shall establish, implement and maintain a management system thatis explicit, comprehensive and proactive;integrates the company’s operational activities and technical systems with its management of human and financial resources;applies to all the company’s activities involving the design, construction, operation or abandonment of a pipeline and to the programs referred to in section 55;ensures coordination between the programs referred to in section 55; andcorresponds to the size of the company, to the scope, nature and complexity of its activities and to the hazards and risks associated with those activities.A company shall establish its management system within 90 days after the day on which the certificate or order authorizing it to construct or operate a pipeline is issued under the Act.SOR/2013-49, s. 5SOR/2020-50, s. 18
The company shall appoint an officer as accountable officer to ensure that its management system and the programs referred to in section 55 are established, implemented and maintained in accordance with section 6.1, this section and sections 6.3 to 6.6 and that its obligations under these Regulations are met.Within 30 days after the appointment of its accountable officer, the company shall notify the Regulator in writing of the name of the person appointed and ensure that the accountable officer submits to the Regulator a signed statement accepting the responsibilities of their position.The company shall ensure that the accountable officer has authority over the human and financial resources required toestablish, implement and maintain the management system and the programs referred to in section 55; andensure that the company’s activities are carried out in a manner that enables it to meet its obligations under these Regulations.SOR/2013-49, s. 5SOR/2020-50, s. 19SOR/2020-50, s. 29
The company shall establish documented policies and goals to ensure that the purposes referred to in paragraphs 6(a) to (c) are achieved and that its obligations under these Regulations are met. The policies and goals shall includea policy for the internal reporting of hazards, potential hazards, incidents and near-misses that includes the circumstances, in addition to those set out in the Canada Labour Code, under which a person who makes a report will be immune from disciplinary action; andgoals for the prevention of ruptures, liquid and gas releases, fatalities and injuries and for the response to incidents and emergency situations.The company shall base its management system, as well as the programs referred to in section 55, on those policies and goals.The accountable officer shall prepare a policy statement that sets out the company’s commitment to those policies and goals and shall communicate it to the company’s employees.SOR/2013-49, s. 5SOR/2020-50, s. 20
The company must have a documented organizational structure that enables it tomeet the requirements of the management system and meet its obligations under these Regulations;determine and communicate the roles, responsibilities and authority of the officers and employees at all levels of the company; anddemonstrate, based on an annual documented evaluation of need, that the human resources allocated to establishing, implementing and maintaining the management system are sufficient to meet the requirements of the management system and to meet the company’s obligations under these Regulations.SOR/2013-49, s. 5SOR/2020-50, s. 21
Management System Processes
A company shall, as part of its management system and the programs referred to in section 55,establish and implement a process for setting the objectives and specific targets that are required to achieve the goals established under subsection 6.3(1) and for ensuring their annual review;develop performance measures for evaluating the company’s success in achieving its goals, objectives and targets;establish and implement a process for identifying and analyzing all hazards and potential hazards;establish and maintain an inventory of the identified hazards and potential hazards;establish and implement a process for evaluating the risks associated with the identified hazards and potential hazards, including the risks related to normal and abnormal operating conditions;establish and implement a process for developing and implementing controls to prevent, manage and mitigate the identified hazards, potential hazards and risks and for communicating those controls to anyone who is exposed to the risks;establish and implement a process for identifying, and monitoring compliance with, all legal requirements that are applicable to the company in matters of safety, security and protection of the environment;establish and maintain a list of those legal requirements;establish and implement a process for identifying and managing any change that could affect safety, security or the protection of the environment, including any new hazard or risk, any change in a design, specification, standard or procedure and any change in the company’s organizational structure or the legal requirements applicable to the company;establish and implement a process for developing competency requirements and training programs that provide employees and other persons working with or on behalf of the company with the training that will enable them to perform their duties in a manner that is safe, ensures the safety and security of the pipeline and protects the environment;establish and implement a process for verifying that employees and other persons working with or on behalf of the company are trained and competent and for supervising them to ensure that they perform their duties in a manner that is safe, ensures the safety and security of the pipeline and protects the environment;establish and implement a process for making employees and other persons working with or on behalf of the company aware of their responsibilities in relation to the processes and procedures required by this section;establish and implement a process for the internal and external communication of information relating to safety, security and protection of the environment;establish and implement a process for identifying the documents required for the company to meet its obligations under these Regulations;establish and implement a process for preparing, reviewing, revising and controlling those documents, including a process for obtaining approval of the documents by the appropriate authority;establish and implement a process for generating, retaining and maintaining records that document the implementation of the management system and the programs referred to in section 55 and for providing access to those who require them in the course of their duties;establish and implement a process for coordinating and controlling the operational activities of employees and other people working with or on behalf of the company so that each person is aware of the activities of others and has the information that will enable them to perform their duties in a manner that is safe, ensures the safety and security of the pipeline and protects the environment;establish and implement a process for the internal reporting of hazards, potential hazards, incidents and near-misses and for taking corrective and preventive actions, including the steps to manage imminent hazards;establish and maintain a data management system for monitoring and analyzing the trends in hazards, incidents and near-misses;establish and implement a process for developing contingency plans for abnormal events that may occur during construction, operation, maintenance, abandonment or emergency situations;establish and implement a process for inspecting and monitoring the company’s activities and facilities to evaluate the adequacy and effectiveness of the programs referred to in section 55 and for taking corrective and preventive actions if deficiencies are identified;establish and implement a process for evaluating the adequacy and effectiveness of the company’s management system and for monitoring, measuring and documenting the company’s performance in meeting its obligations under these Regulations;establish and implement a quality assurance program for the management system and for each program referred to in section 55, including a process for conducting audits in accordance with section 53 and for taking corrective and preventive actions if deficiencies are identified; andestablish and implement a process for conducting an annual management review of the management system and each program referred to in section 55 and for ensuring continual improvement in meeting the company’s obligations under these Regulations.In this section, a reference to a process includes any procedures that are necessary to implement the process.The company shall document the processes and procedures required by this section.SOR/2013-49, s. 5SOR/2020-50, s. 22SOR/2020-50, s. 23
Annual Report
A company shall complete an annual report for the previous calendar year, signed by the accountable officer, that describesthe company’s performance in achieving its goals, objectives and targets during that year, as evaluated by the performance measures developed under paragraph 6.5(1)(b);the adequacy and effectiveness of the company’s management system, as evaluated by the process established and implemented under paragraph 6.5(1)(v); andthe actions taken during that year to correct any deficiencies identified by the quality assurance program established under paragraph 6.5(1)(w).No later than April 30 of each year, the company shall submit to the Regulator a statement, signed by the accountable officer, indicating that it has completed its annual report.SOR/2013-49, s. 5SOR/2020-50, s. 24SOR/2020-50, s. 29
[Repealed, SOR/2007-50, s. 3]
[Repealed, SOR/2013-49, s. 6]
Design of the PipelineSOR/2013-49, s. 22Detailed DesignsSOR/2007-50, s. 5(F)
A company shall develop detailed designs of the pipeline and submit them to the Regulator when required to do so.SOR/2007-50, s. 6SOR/2020-50, s. 29
HVP Pipeline
When an HVP pipeline is to be situated in a Class 1 location and within 500 m of the right-of-way of a railway or paved road, a company shall develop a documented risk assessment to determine the need for heavier wall design, taking into account such factors as pipeline diameter and operating pressure, HVP fluid characteristics, topography and traffic type and density of the traffic on the railway or paved road.A company shall submit a documented risk assessment to the Regulator when required to do so.SOR/2007-50, s. 7SOR/2020-50, s. 29
Stations
A station shall bedesigned to provide year-round suitable access for personnel;designed to prevent unauthorized entry to and unauthorized operation of the station;equipped with facilities for the containment, handling and disposal of wastes incidental to the station’s operation; anddesigned so that the noise level during operation meets the noise level requirement approved by the Commission pursuant to section 5.1.SOR/2013-49, s. 7SOR/2020-50, s. 30
A compressor station or pump station shall be equipped with an alternate source of power capable ofoperating the station’s emergency shut-down system;operating an emergency lighting system for the safe evacuation of personnel from the station and for other emergency procedures; andmaintaining any other service essential to the safety of personnel and the public or the protection of the environment.
Storage Facilities
A storage facility shallbe located in an area that is known to be free from flooding, landslides, rockfalls and geological faults;be serviced by an all-weather road that gives access to all permanently installed fire-fighting equipment located at or near the storage facility; andhave a containment area or a system designed to prevent the release or migration of stored products or toxic substances.
MaterialsSOR/2013-49, s. 22Specifications
A company shall develop specifications for the pipe and components to be used in the pipeline and shall submit them to the Regulator when required to do so.SOR/2007-50, s. 8SOR/2020-50, s. 29
Quality Assurance Program
A company shall develop a quality assurance program for the purpose of ensuring that the pipe and components to be used in the pipeline meet the specifications referred to in section 14.
JoiningSOR/2013-49, s. 22Joining Program
A company shall develop a joining program in respect of the joining of pipe and the components to be used in the pipeline and shall submit it to the Regulator when required to do so.SOR/2007-50, s. 9SOR/2020-50, s. 29
Non-destructive Examination
When a company conducts joining on a pipeline, the company shall examine the entire circumference of each joint by radiographic or ultrasonic methods.
ConstructionSOR/2013-49, s. 22Construction Safety
If a company contracts for the provision of services in respect of the construction of a pipeline, the company shallinform the contractor of all special conditions associated with the construction;inform the contractor of all special safety practices and procedures necessitated by the conditions or features specific to the construction;inform the contractor of the contractor’s responsibilities referred to in paragraph 6.5(1)(l);take all reasonable steps to ensure that construction activities are conducted in accordance with the manual developed under section 20; andauthorize a person to halt a construction activity in circumstances where, in the person’s judgement, the construction activity is not being conducted in accordance with the manual developed under section 20 or is creating a hazard to anyone at the construction site.The person referred to in paragraph (1)(d) must have sufficient expertise, knowledge and training to competently carry out the obligations set out in that paragraph.SOR/2013-49, s. 8
A company shall, during the construction of a pipeline, take all reasonable steps to ensure thatthe construction activities do not create a hazard to the public or the environment; andall persons at the construction site who are not involved in the construction of the pipeline are informed of the practices and procedures that are to be followed for their safety.
A company shall develop a construction safety manual and shall submit it to the Regulator.If a company contracts for the provision of services in respect of the construction of a pipeline, the construction safety manual shall set out the contractor’s responsibilities referred to in paragraph 6.5(1)(l).A company shall keep a copy of the construction safety manual or the relevant parts of it at each construction site of the pipeline, in a location where it is accessible to every person engaged in construction at the site.SOR/2013-49, s. 9SOR/2020-50, s. 29
Right-of-way and Temporary Work Areas
After a pipeline is constructed, the right-of-way and temporary work areas of the pipeline shall be restored to a condition similar to the surrounding environment and consistent with the current land use.
Crossing a Utility or Private Road
When a pipeline is constructed across a utility or private road, the company constructing the pipeline shall ensure that there is no undue interference with the use of the utility or road during construction.
Pressure TestingSOR/2013-49, s. 22Pressure Testing Program
Before putting a pipeline into service, a company shall develop a program in respect of pressure tests to be conducted for pipe and components used in its pipeline and shall submit it to the Regulator when required to do so.SOR/2007-50, s. 10SOR/2020-50, s. 29
Permits for Use and Disposal of Water
Before conducting a pressure test, a company shall obtain any permits required in respect of the use and disposal of water for test purposes.
General Testing Requirements
Pressure testing shall be performed under the direct supervision of the company or an agent appointed by it.The agent referred to in subsection (1) shall be independent of any contractor that carries out the pressure testing program or that constructed the pipeline.The company or agent shall date and sign any logs, test charts and other test records that are referred to in CSA Z276 or CSA Z662, as applicable.
The number of welds in a pipeline that are not subjected to a pressure test following the installation of fabricated assemblies or pipe segments into the pipeline shall be minimized to the extent that is practicable.SOR/2007-50, s. 11
Operation and MaintenanceSOR/2013-49, s. 22Operation and Maintenance Manuals
A company shall develop, regularly review and update as required, operation and maintenance manuals that provide information and procedures to promote safety, environmental protection and efficiency in the operation of the pipeline and shall submit them to the Regulator when required to do so.SOR/2007-50, s. 12SOR/2020-50, s. 29
A company shall inform all persons associated with operation activities on the pipeline of the practices and procedures to be followed and make available to them the relevant portions of the operation and maintenance manuals.
Maintenance Safety
If a company contracts for the provision of services in respect of the maintenance of a pipeline, the company shallinform the contractor of all special conditions associated with the maintenance;inform the contractor of all special safety practices and procedures necessitated by the conditions or features specific to the maintenance;inform the contractor of the contractor’s responsibilities referred to in paragraph 6.5(1)(l);take all reasonable steps to ensure that maintenance activities are conducted in accordance with the manual developed under section 31; andauthorize a person to halt a maintenance activity in circumstances where, in the person’s judgement, the maintenance activity is not being conducted in accordance with the manual developed under section 31 or is creating a hazard to anyone at the maintenance site.The person referred to in paragraph (1)(d) must have sufficient expertise, knowledge and training to competently carry out the obligations set out in that paragraph.SOR/2013-49, s. 10
A company shall, during the maintenance of a pipeline, take all reasonable steps so thatthe maintenance activities do not create a hazard to the public or the environment; andall persons at the maintenance site who are not involved in the maintenance of the pipeline are informed of the practices and procedures that are to be followed for their safety or for the protection of the environment.
A company shall develop a maintenance safety manual and shall submit it to the Regulator when required to do so.If a company contracts for the provision of services in respect of the maintenance of a pipeline, the maintenance safety manual shall set out the contractor’s responsibilities referred to in paragraph 6.5(1)(l).The company shall keep a copy of the maintenance safety manual or the relevant parts of it at each maintenance site of the pipeline, in a location where it is accessible to every person engaged in maintenance at the site.SOR/2007-50, s. 13; SOR/2013-49, s. 11SOR/2020-50, s. 29
Emergency Management ProgramSOR/2013-49, s. 12
A company shall develop, implement and maintain an emergency management program that anticipates, prevents, manages and mitigates conditions during an emergency that could adversely affect property, the environment or the safety of workers or the public.The company shall develop an emergency procedures manual, review it regularly and update it as required.A company shall submit the emergency procedures manual and any updates that are made to it to the Regulator.SOR/2013-49, s. 13SOR/2020-50, s. 29
A company shall establish and maintain liaison with the agencies that may be involved in an emergency response on the pipeline and shall consult with them in developing and updating the emergency procedures manual.
A company shall take all reasonable steps to inform all persons who may be associated with an emergency response activity on the pipeline of the practices and procedures to be followed and make available to them the relevant information that is consistent with that which is specified in the emergency procedures manual.
A company shall develop a continuing education program for the police, fire departments, medical facilities, other appropriate organizations and agencies and the public residing adjacent to the pipeline to inform them of the location of the pipeline, potential emergency situations involving the pipeline and the safety procedures to be followed in the case of an emergency.SOR/2007-50, s. 14(F)
General Operation Requirements
A company shallmaintain communication facilities for the safe and efficient operation of the pipeline and for emergency situations;periodically test instruments and equipment at the pipeline stations to verify their proper and safe operation;continually record the suction and discharge pressures of the pipeline pump and compressor stations;clearly mark the open and closed positions of sectionalizing valves on any main line;clearly mark the open and closed positions and the function of isolating valves, blow-down valves and other major valves within a pipeline station; andpost along the boundaries of the pipeline stations signage indicating the name of the company and the telephone number to call in the event of an emergency involving the pipeline.
Pipeline Control System
A company shall develop and implement a pipeline control system thatcomprises the facilities and procedures used to control and monitor the operation of the pipeline;records historical pipeline operation data, messages and alarms for recall; andincludes a leak detection system that, for oil pipelines, meets the requirements of CSA Z662 and reflects the level of complexity of the pipeline, the pipeline operation and the products transported.SOR/2007-50, s. 15(F)
Maintenance Welding
A company shall not perform welding on a liquid-filled pipeline with a carbon equivalent of 0.50% or greater except if it has been demonstrated that no other practical alternative is available.If a company performs welding referred to in subsection (1), the company shall treat the weld as a temporary installation and replace that installation with a permanent one as soon as is practicable.Despite subsections (1) and (2) and section 16, if a company intends to perform welding on a liquid-filled pipeline with a carbon equivalent of 0.50% or greater and to treat it as a permanent installation, the company shall submit the welding specifications and procedures and the results of the procedure qualification tests to the Commission for approval.SOR/2020-50, s. 30
Surveillance and Monitoring
A company shall develop a surveillance and monitoring program for the protection of the pipeline, the public and the environment.SOR/2007-50, s. 16
Integrity Management Program
A company shall develop, implement and maintain an integrity management program that anticipates, prevents, manages and mitigates conditions that could adversely affect safety or the environment during the design, construction, operation, maintenance or abandonment of a pipeline.SOR/2007-50, s. 17(F); SOR/2013-49, s. 15
If a company finds a level of defect in excess of that allowed by CSA Z662 on its pipeline, the company shall document the particulars of the defect, its likely cause and the corrective action taken or planned to be taken.A company shall submit the documentation referred to in subsection (1) to the Regulator when required to do so.SOR/2007-50, s. 18SOR/2020-50, s. 29
Change in Class Location
If the class location of a section of a pipeline changes to a higher designation that has a more stringent location factor, the company shall, within six months after the change, submit the proposed plan to deal with the change to the Regulator.SOR/2020-50, s. 29
Change of Service or Increase in Maximum Operating Pressure
If a company proposes a change of service or an increase in the maximum operating pressure for the pipeline, the company shall submit an application for the change or increase to the Commission.SOR/2020-50, s. 30
Deactivation and Reactivation
If a company proposes to deactivate a pipeline or part of one for 12 months or more, has maintained a pipeline or part of one in a deactivated mode for 12 months or more or has not operated a pipeline or part of one for 12 months or more, the company shall submit an application for deactivation to the Commission.The company shall include in the application the reasons, and the procedures that were or are to be used, for the activity that is the subject of the application.SOR/2008-269, s. 2SOR/2020-50, s. 30
If a company proposes to reactivate a pipeline or part of one that has been deactivated for 12 months or more, the company shall submit an application for the reactivation to the Commission.The company shall include in the application the reasons, and the procedures that are to be used, for the reactivation.SOR/2008-269, s. 2SOR/2020-50, s. 30
Decommissioning
If a company proposes to decommission a pipeline or part of one, the company shall submit an application for the decommissioning to the Commission.The company shall include in the application the reasons, and the procedures that are to be used, for the decommissioning.SOR/2008-269, s. 2SOR/2020-50, s. 30
Training Program
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.The training program shall instruct the employee onthe safety regulations and procedures applicable to the day-to-day operation of the pipeline;the security processes, procedures and measures applicable to the day-to-day operation of the pipeline;responsible environmental practices and procedures in the day-to-day operations of the pipeline;the procedures for the proper operation of the equipment that the employee could reasonably be expected to use; andthe 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.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. 17SOR/2020-50, s. 25(F)
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 Canadian Energy Regulator Pipeline Damage Prevention Regulations — Obligations of Pipeline Companies.SOR/2016-134, s. 1SOR/2020-50, s. 26
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
Commission Authority
When the protection of property and the environment and the safety of the public and the company’s employees warrant it, the Commission may direct a company to test, inspect or assess a pipeline in accordance with CSA standards or any other comparable standards.SOR/2020-50, s. 30
AbandonmentSOR/2013-49, s. 22Application for Leave to Abandon
A company shall include in an application made under section 241 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. 3SOR/2020-50, s. 27
ReportingSOR/2013-49, s. 22Crossing Reports
If a company constructs a pipeline that crosses a utility or private road, the company shallimmediately notify the Regulator 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; andon request, submit a crossing report to the Regulator that sets outthe description and location of the utility or road, andthe name of the authority having control over the utility or the name of the owner of the road.SOR/2020-50, s. 29
Incident Report
A company shall immediately notify the Regulator of any incident relating to the construction, operation or abandonment of its pipeline and shall submit a preliminary and detailed incident report to the Regulator as soon as is practicable.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.SOR/2020-50, s. 29
Audits and InspectionsSOR/2013-49, s. 22General Compliance
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 withParts 2 and 3 of the Act;Part 6 of the Act as it relates to the safety and security of persons and for the protection of property and the environment;these Regulations; andthe terms and conditions of any certificate or order issued by the Commission, as it relates to the safety and security of persons and for the protection of property and the environment.The audit shall documentall non-compliance noted; andany corrective action taken or planned to be taken.SOR/2013-49, s. 19SOR/2020-50, s. 28
Construction Inspection
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 Commission.An inspection shall be performed by a person who has sufficient expertise, knowledge and training to competently carry out the inspection.SOR/2020-50, s. 30
Program AuditsSOR/2013-49, s. 20
A company shall conduct audits, with a maximum interval of three years, of the following programs:the emergency management program referred to in section 32;the integrity management program referred to in section 40, including the pipeline control system referred to in section 37;the safety management program referred to in section 47;the security management program referred to in section 47.1;the environmental protection program referred to in section 48; andthe damage prevention program referred to in section 47.2.The documents prepared following the audit shall includeany deficiencies noted; andany corrective action taken or planned to be taken.SOR/2013-49, s. 21; SOR/2016-134, s. 2
Record RetentionSOR/2013-49, s. 22Requirements
A company shall, in addition to complying with the record retention requirements set out in the CSA standards referred to in section 4, retainuntil 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;an annual report on the training program developed under section 46 that compares the actual training received by employees to the planned training;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;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;for as long as the installations referred to in section 38 remain on the pipeline, detailed records of those installations, includingthe location of the installation,the type of installation,the date of installation,the welding procedure used,the carbon equivalent of the pipeline,the results of the non-destructive testing performed on the installation, andthe planned date of removal of the installation;accurate records of the location of all buried facilities, until they are removed; andfor at least two years after the operation of a pipeline or part of one has been duly abandoned in accordance with all applicable requirementsall records available to the company in respect of the procedures used in each stage of the construction of the pipeline or part,the production reports and mill certificates,the specifications and name-plate data, if any, of the pumps, compressors, drivers, storage tanks and other major equipment of the pipeline,the performance curves of all main line pumps and compressors of the pipeline,the reports of all surveillance and monitoring programs developed under section 39,the documentation referred to in section 41 in respect of pipeline defects, andthe documentation on all incidents reported under section 52.SOR/2007-50, s. 21; SOR/2008-269, s. 4
Repeal
[Repeal]
Coming into Force
These Regulations come into force on August 1, 1999.
RELATED PROVISIONS — SOR/2016-134, s. 3
For the purposes of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.
SOR/2022-1992022-09-27SOR/2020-502020-03-16