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

Regulations are current to 2021-03-23 and last amended on 2020-03-16. Previous Versions

Facility (continued)

Marginal note:Authorization for construction of overhead line

  •  (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

  • 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.

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

Activity that Causes a Ground Disturbance

Marginal note:Authorization – ground disturbance activity

  •  (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

  • 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.

  • SOR/2019-349, s. 5
  • SOR/2019-349, s. 8
  • SOR/2019-349, s. 10

Marginal note:Authorization — activity required for maintenance of facility

 For the purposes of subsection 335(1) of the Act, any maintenance of an existing facility — in an area other than an offshore area — that causes a ground disturbance within the prescribed area is authorized if the person engaged in the maintenance complies with paragraphs 10(1)(b) and (c) and the measures set out in paragraphs 10(3)(c) to (h).

  • SOR/2019-349, s. 8

Operation of Vehicles or Mobile Equipment Across a Pipeline

Marginal note:Authorization – operation across pipeline

 Subject to section 13 and for the purposes of paragraph 335(2)(a) of the Act, the operation of a vehicle or mobile equipment across a pipeline is authorized if the person that intends to operate the vehicle or mobile equipment across the pipeline obtains the pipeline company’s written consent.

  • SOR/2019-349, s. 9

Marginal note:Authorization — agricultural activity

  •  (1) For the purposes of paragraph 335(2)(a) of the Act, the operation across the pipeline of a vehicle or mobile equipment that is used to perform an agricultural activity is authorized if the following conditions are met:

  • Definition of agricultural activity

    (2) In this section, agricultural activity means the production of crops and the raising of animals and includes tillage, plowing, disking, harrowing and pasturing, but does not include the construction of new buildings or impervious areas or the placement of footings, foundations, pilings or posts, including fence posts.

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

Application for Authorization

Marginal note:File application with Regulator

  •  (1) A 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 the prescribed area of a pipeline or operate a vehicle or mobile equipment across a pipeline may file an application for authorization with the Regulator if

    • (a) the construction, activity or operation is not authorized under subsection 7(1), 9(1) or 10(1) or section 11 or 12; or

    • (b) the person is unable to comply with the applicable measures set out in subsection 7(3), 9(2) or 10(3).

  • Marginal note:Service

    (2) If a person files an application under subsection (1), that person must serve a copy of the application on the pipeline company that operates the pipeline in question.

  • SOR/2019-349, s. 6

Transitional Provisions

Marginal note:Construction or excavation

  •  (1) Any leave granted by the National Energy Board prior to June 19, 2016 to construct a facility across, on, along or under a pipeline or to excavate using power-operated equipment or explosives within 30 m of a pipeline under subsection 112(1) of the National Energy Board Act, as it read immediately prior to that date, expires on the date set out in the leave, but if there is no date set out in the leave it expires two years after the day on which the leave was granted.

  • Marginal note:Crossing

    (2) Any leave granted by the pipeline company prior to June 19, 2016 to operate a vehicle or mobile equipment across a pipeline under subsection 112(2) of the National Energy Board Act, as it read prior to that date, expires on the date set out in the leave granted by the pipeline company.

  • SOR/2019-349, s. 7
 
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