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Canadian Energy Regulator Pipeline Damage Prevention Regulations – Authorizations (SOR/2016-124)

Regulations are current to 2020-12-28 and last amended on 2020-03-16. Previous Versions

Canadian Energy Regulator Pipeline Damage Prevention Regulations – Authorizations

SOR/2016-124

NATIONAL ENERGY BOARD ACT

Registration 2016-06-07

Canadian Energy Regulator Pipeline Damage Prevention Regulations – Authorizations

The National Energy Board, pursuant to subsections 112(5)Footnote a and (5.1)Footnote b of the National Energy Board ActFootnote c, makes the annexed National Energy Board Pipeline Damage Prevention Regulations – Authorizations.

Calgary, May 19, 2016

La secrétaire de l’Office national de l’énergie,
blank line
Sheri Young
Secretary of the National Energy Board

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

Act

Act means the Canadian Energy Regulator Act. (Loi)

Commission

Commission means the Commission referred to in subsection 26(1) of the Act. (Commission)

facility

facility means any structure, highway, private road, railway, irrigation ditch, drain, drainage system, sewer, dike, telephone line, telegraph line, telecommunication line, line for the transmission of electricity or pipe for the transmission of hydrocarbons or any other substance. (installation)

offshore area

offshore area means the submarine areas adjacent to the coast of Canada. (zone extracôtière)

overhead line

overhead line means a facility that is an above-ground telephone, telegraph, telecommunication or electric power line or any combination of those lines. (ligne aérienne)

pipe

pipe means a pipe that is part of a pipeline and that is used or is to be used for the transmission of hydrocarbons or any other commodity. (conduite)

working day

working day means any day that is not a Saturday or a Sunday or other holiday. (jour ouvrable)

  • SOR/2019-349, s. 2

General Provisions

Marginal note:Prescribed area

 For the purposes of subsection 335(1) of the Act, the prescribed area means a strip of land measured 30 m perpendicularly on each side from the centreline of a pipe.

  • SOR/2019-349, s. 8

Marginal note:Locate request — person

  •  (1) Subject to subsection (2), any person that intends to construct a facility across, on, along or under a pipeline or engage in an activity that would cause a ground disturbance within a prescribed area must make a locate request in the following manner at least three working days before the day on which the construction or activity is to start:

    • (a) to a one-call centre if the intended construction or activity is within an area where a one-call centre exists; or

    • (b) to the pipeline company directly if the intended construction or activity is not within an area where a one-call centre exists.

  • Marginal note:Locate request — pipeline company

    (2) Any pipeline company that intends to construct a facility across, on, along or under its pipeline or engage in an activity that would cause a ground disturbance within a prescribed area must make a locate request to a one-call centre at least three working days before the day on which the construction or activity is to start if the intended construction or activity is within an area where a one-call centre exists.

  • Marginal note:Emergency

    (3) In the case of an unexpected situation that could endanger life or cause substantial property or environmental damage that requires immediate action, the three-day period set out in subsections (1) and (2) does not apply and the locate request must be made as soon as possible before the construction or activity starts.

  • Marginal note:One-call centre

    (4) A one-call centre is an organization that, for the purposes of protecting the underground infrastructures of its members from damage and ensuring public safety,

    • (a) receives locate requests from within a defined geographical area; and

    • (b) notifies its members that may be affected by any proposed construction or any proposed activity that would cause a ground disturbance and that are the subject of a locate request of that construction or activity.

Marginal note:Duty to inform

 Any person that intends to construct a facility across, on, along or under a pipeline, engage in an activity that would cause a ground disturbance within a prescribed area or operate a vehicle or mobile equipment across a pipeline must, before the construction, activity or operation is to start, inform all persons working on their behalf, including employees, contractors and subcontractors, of their obligations under these Regulations.

Marginal note:Designation of temporary prohibition area

 If a pipeline company, after having received a locate request from a person that intends to engage in an activity that would cause a ground disturbance within a prescribed area, designates an area that is situated in the vicinity of a pipeline and that may extend beyond the prescribed area as a prohibition area, the ground disturbance is prohibited within the area during the period referred to in subsection 335(7) of the Act.

  • SOR/2019-349, s. 3

Authorization Under the Act

Marginal note:Pipeline company

 For the purposes of subsection 335(1) and paragraph 335(2)(a) of the Act and despite sections 7 and 9 to 13 of these Regulations, the construction of a facility — in an area other than an offshore area — across, on, along or under a pipeline, an activity — in an area other than an offshore area — that would cause a ground disturbance within a prescribed area and the operation of a vehicle or mobile equipment across a pipeline is authorized if the pipeline company that intends to carry out the construction, activity or operation

  • SOR/2019-349, s. 8
  • SOR/2019-349, s. 9
  • SOR/2019-349, s. 10

Facility

Marginal note:Authorization – of construction

  •  (1) For the purposes of subsection 335(1) of the Act, the construction of a facility — in an area other than an offshore area — across, on, along or under a pipeline, other than the construction of an overhead line referred to in section 9, is authorized if the person that intends to construct the facility

  • Marginal note:Suspension

    (2) If the consent is suspended by the Commission, or by the pipeline company in accordance with subsection 10(1) of the Canadian Energy Regulator Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies, the authorization is suspended and the activity must cease for the duration of the suspension of the consent.

  • Marginal note:Measures

    (3) Any person that is undertaking the construction of a facility must comply with the following measures:

    • (a) ensure that the construction is carried out in accordance with the technical details that are set out in the person’s request for consent and that have been accepted by the pipeline company, as well as with the conditions set out in the pipeline company’s consent;

    • (b) ensure that the construction is completed within two years after the day on which the consent was obtained, unless the pipeline company and the person agree on another time period that is set out in the consent;

    • (c) comply with the instructions of the pipeline company’s authorized field representative regarding the procedures that are to be followed while carrying out the construction in the vicinity of a pipe and that relate to the pipeline’s safety and security;

    • (d) if interference with or alteration of a pipe becomes necessary, obtain the pipeline company’s written consent to interfere with or alter the pipe;

    • (e) carry out any construction that involves the interference with or alteration of a pipe under the pipeline company’s supervision; and

    • (f) immediately notify the pipeline company of any contact with a pipe or its coating during the construction.

  • SOR/2019-349, s. 4
  • SOR/2019-349, s. 8
  • SOR/2019-349, s. 10

Marginal note:Obligations — existing facilities

 The owner of a facility that is constructed — in an area other than an offshore area — across, on, along or under a pipeline must

  • (a) maintain the facility in a state of good repair compatible with the pipeline’s safety and security;

  • (b) immediately correct any deterioration in the facility on being so notified in writing by the pipeline company under subsection 9(1) of the Canadian Energy Regulator Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies;

  • (c) notify the pipeline company, in writing, of any proposed abandonment or removal of the facility; and

  • (d) remove or alter the facility or part of the facility that could adversely affect the pipeline’s safe and efficient operation or that could jeopardize property and the environment and the safety and security of the public and of the pipeline company’s employees.

  • SOR/2019-349, s. 10
 
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