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

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.

• Return to footnote ^aS.C. 2015, c. 21, s. 34(2)

• Return to footnote ^bS.C. 2015, c. 21, s. 34(3)

• Return to footnote ^cR.S., c. N-7

Calgary, May 19, 2016

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

Interpretation

Marginal note:Definitions

1 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)

General Provisions

Marginal note:Prescribed area

2 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.

Marginal note:Locate request — person

• 3 (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

4 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

5 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.

Authorization Under the Act

Marginal note:Pipeline company

6 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

• (a) is authorized to carry out the construction, activity or operation under the Act;

• (b) makes a locate request in accordance with section 3; and

• (c) if another pipeline company receives the locate request, the pipeline company that made the locate request obtains from the other pipeline company the information that is referred to in paragraphs 6(1)(a) and (c) of the Canadian Energy Regulator Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies.

Facility

Marginal note:Authorization – of construction

• 7 (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

  • (a) obtains the pipeline company’s written consent;

  • (b) makes a locate request in accordance with section 3; and

  • (c) obtains from the pipeline company the information that is referred to in paragraphs 6(1)(a) and (c) of the Canadian Energy Regulator Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies.

• 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.

Marginal note:Obligations — existing facilities

8 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.

Marginal note:Authorization for construction of overhead line

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

  • (a) makes a locate request in accordance with section 3;

  • (b) confirms with the pipeline company that all of the pipeline company’s pipes in the vicinity of the construction have been marked; and

  • (c) obtains from the pipeline company the information that is referred to in paragraphs 6(1)(a) and (c) of the Canadian Energy Regulator Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies.

• Marginal note:Measures

  (2) Any person that is undertaking the construction of an overhead line across a pipeline must comply with the following measures:

  • (a) construct the overhead line in accordance with any applicable provincial and federal law;

  • (b) if the pipeline is patrolled by aircraft and if the overhead line poses a risk to the aircraft, install and maintain aerial warning devices; and

  • (c) not construct or place any kind of pole, pylon, tower, guy, anchor or supporting structure across, on, along or under the pipeline.

Activity that Causes a Ground Disturbance

Marginal note:Authorization – ground disturbance activity

• 10 (1) For the purposes of subsection 335(1) of the Act, any activity — in an area other than an offshore area — that would cause a ground disturbance within the prescribed area, other than an activity referred to in section 11, is authorized if the person that intends to engage in the activity

  • (a) obtains the pipeline company’s written consent;

  • (b) makes a locate request in accordance with section 3; and

  • (c) obtains from the pipeline company the information that is referred to in paragraphs 6(1)(a) and (c) of the Canadian Energy Regulator Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies.

• 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 engaged in an activity that causes a ground disturbance within the prescribed area must comply with the following measures:

  • (a) ensure that the activity 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, including the conditions respecting directional drilling or the use of explosives;

  • (b) ensure that the activity 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) not undertake mechanical excavation that would cause a ground disturbance within the prescribed area within 3 m of a pipe, unless

    • (i) if the excavation runs parallel to the pipe, the pipe has been exposed by hand at sufficient intervals to confirm the pipe’s location or the pipeline company has used a method that would permit it to confirm the pipe’s exact location and has informed the person of that location,

    • (ii) if the excavation crosses the pipe, the pipe has been exposed by hand at the point of crossing or the pipeline company has used a method that would permit it to confirm the pipe’s exact location, has informed the person of that location and has confirmed that the pipe is at least 60 cm deeper than the proposed excavation, and

    • (iii) if ground conditions render it impractical to locate the pipe using any of the methods set out in subparagraphs (i) and (ii), the pipeline company directly supervises any excavation;

  • (d) comply with the instructions of the pipeline company’s authorized field representative regarding the procedures that are to be followed during the activity and that relate to the pipeline’s safety and security;

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

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

  • (g) immediately notify the pipeline company of any contact with a pipe or its coating during the activity; and

  • (h) unless otherwise agreed on by the pipeline company and the person that is engaged in the activity, notify the pipeline company at least 24 hours before backfilling over a pipe.