Pipeline Safety Act (S.C. 2015, c. 21)
Full Document:
Assented to 2015-06-18
Marginal note:1994, c. 10, s. 25(E); 2004, c. 15, s. 85
17. (1) Paragraphs 49(1)(b.1) to (d) of the Act are replaced by the following:
(b.1) the safety and security of pipelines and abandoned pipelines;
(c) compliance with this Part and Part III.1, any orders made, or permits and certificates issued, by the Board under those Parts and any regulations made under section 48; and
(d) compliance with section 112 and any orders and regulations made under section 58.33 or 112.
Marginal note:1994, c. 10, s. 25
(2) Subparagraphs 49(2)(a)(i) and (ii) of the Act are replaced by the following:
(i) any lands or pipeline, including a pipeline that is under construction, or any abandoned pipeline,
(ii) any ground disturbance within the area prescribed under subsection 112(5), and
Marginal note:1994, c. 10, s. 25
(3) Paragraphs 49(2)(b) and (c) of the Act are replaced by the following:
(b) direct a company or person whose activity causes a ground disturbance or who is constructing a facility described in paragraph (a)
(i) to perform any tests that the inspection officer considers necessary for an inspection, and
(ii) to provide information orally or in writing; and
(c) examine and make copies of any information contained in any books, records or documents, or in any computer systems, that the inspector believes on reasonable grounds contain any information relating to the design, construction, operation, maintenance or abandonment of a pipeline or to the maintenance of an abandoned pipeline.
(4) Section 49 of the Act is amended by adding the following after subsection (2):
Marginal note:Compliance audit
(3) For greater certainty, the powers set out in subsection (2) include the power to conduct a compliance audit.
Marginal note:1994, c. 10, s. 25; 2004, c. 25, s. 150(E)
18. Section 51 of the Act is replaced by the following:
Marginal note:Assistance to officers
51. Any officer, employee, agent or mandatary of a company and any person whose activity causes a ground disturbance or who is constructing a facility described in paragraph 49(2)(a) shall give an inspection officer all reasonable assistance to enable the officer to carry out their duties under this Part.
Marginal note:1994, c. 10, s. 25
19. (1) Subsection 51.1(1) of the Act is amended by striking out “or” at the end of paragraph (a) and by replacing paragraph (b) with the following:
(a.1) an abandoned pipeline or any part of it; or
(b) a ground disturbance or the construction of a facility described in paragraph 49(2)(a).
Marginal note:1994, c. 10, s. 25
(2) The portion of paragraph 51.1(2)(a) of the Act before subparagraph (i) is replaced by the following:
(a) work associated with the pipeline, abandoned pipeline, ground disturbance or facility to be suspended until
Marginal note:1994, c. 10, s. 25; 2004, c. 15, s. 86(2)(E)
(3) Paragraph 51.1(2)(b) of the Act is replaced by the following:
(b) the company, any person taking any action or measure with respect to the pipeline or the abandoned pipeline, any person responsible for the ground disturbance or any person involved in the construction of the facility to take any measure specified in the order to ensure the safety or security of the public or of employees of the company or to protect property or the environment.
Marginal note:2012, c. 19, s. 86
20. The portion of subsection 58.27(1) of the Act before paragraph (b) is replaced by the following:
Marginal note:Application of certain provisions
58.27 (1) Sections 32 to 45 and 48 to 51.3 and Part V, except sections 74, 76 to 78, 108 to 111.3, 112, 114 and 115, apply in respect of international and interprovincial power lines referred to in section 58.24 as if each reference in any of those provisions to
(a) a “company” were a reference to the applicant for or holder of the permit or certificate issued in respect of the line;
Marginal note:2012, c. 19, s. 86
21. The portion of section 58.271 of the Act before paragraph (b) is replaced by the following:
Marginal note:Application of certain provisions
58.271 Sections 32 to 45 and 48 to 51.3 and Part V, except sections 74, 76 to 78, 108 to 111.3, 112, 114 and 115, apply in respect of international power lines in respect of which a certificate was issued before June 1, 1990, or an order was made under subsection 58(2) as that subsection read before that date, as if each reference in any of those provisions to
(a) a “company” were a reference to the applicant for or holder of the certificate issued in respect of the line or the person who operates the line in respect of which the order was made;
22. The Act is amended by adding the following after section 58.271:
Marginal note:Exception
58.272 For the purposes of sections 58.27 and 58.271, in the provisions referred to in those sections, a reference to an “abandoned pipeline” is not a reference to an abandoned international or interprovincial power line.
23. The Act is amended by adding the following after section 58.33:
Marginal note:Temporary prohibition on excavating
58.331 (1) Without limiting the generality of paragraph 58.33(c), orders or regulations made under that paragraph may provide for the prohibition of excavations in an area that may extend beyond 30 m of an international or interprovincial power line during the period that starts on the day on which a request to locate the line is made to the holder of the permit or certificate issued in respect of the line and ends
(a) at the end of the third working day after the day on which the request is made; or
(b) at any later time that is agreed to between the holder and the person making the request.
Marginal note:Exemptions
(2) The Board may, by order made on any terms and conditions that the Board considers appropriate, exempt any person from the application of an order or regulation made under section 58.33.
Marginal note:Inspection officers
(3) The provisions of sections 49 to 51.3 relating to inspection officers apply for the purpose of ensuring compliance with section 58.31 and orders and regulations made under section 58.33 as if each reference in any of those provisions to
(a) a “pipeline” were a reference to an international or interprovincial power line;
(b) a “company” were a reference to the holder of a permit or certificate issued in respect of an international or interprovincial power line or the person who operates an international or interprovincial power line in respect of which an order was made under subsection 58(2) as that section read before June 1, 1990;
(c) a “ground disturbance” were a reference to an excavation activity;
(d) “within the area prescribed under subsection 112(5)” were a reference to within 30 m of the line; and
(e) “whose activity causes a ground disturbance” were a reference to conducting an excavation activity.
Marginal note:Exception
(4) For the purposes of subsection (3), in the provisions referred to in that subsection, a reference to an “abandoned pipeline” is not a reference to an abandoned international or interprovincial power line.
Marginal note:Offence
(5) Every person who contravenes subsection 58.31(1) or (2), a direction made under subsection 58.31(4) or an order or regulation made under section 58.33 is guilty of an offence and liable
(a) on conviction on indictment, to a fine of not more than one million dollars or to imprisonment for a term of not more than five years or to both; or
(b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or to both.
Marginal note:Application of subsections 121(2) to (5)
(6) Subsections 121(2) to (5) apply, with any modifications that the circumstances require, to an offence under subsection (5).
Marginal note:2004, c. 25, s. 154
24. (1) Paragraph 73(b) of the Act is replaced by the following:
(b) purchase, take and hold of and from any person any land or other property necessary for the construction, maintenance, operation and abandonment of its pipeline, or the maintenance of its abandoned pipeline, and sell or otherwise dispose of any of its land or property that has become unnecessary for the purpose of the pipeline or the abandoned pipeline;
(2) Paragraph 73(e) of the Act is replaced by the following:
(e) construct, erect and maintain all necessary and convenient roads, buildings, houses, stations, depots, wharves, docks and other structures, and construct, purchase and acquire machinery and other apparatus necessary for the construction, maintenance, operation and abandonment of its pipeline or the maintenance of its abandoned pipeline;
(3) Paragraph 73(i) of the Act is replaced by the following:
(i) do all other acts necessary for the construction, maintenance, operation and abandonment of its pipeline or the maintenance of its abandoned pipeline.
25. Section 74 of the Act is amended by adding the following after subsection (2):
Marginal note:Terms and conditions — abandonment
(2.1) The Board may, on granting leave to abandon the operation of a pipeline, impose any terms and conditions that it considers proper.
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