Canadian Energy Regulator Pipeline Damage Prevention Regulations – Authorizations

Marginal note:Authorization – of construction

• 7 (1) For the purposes of subsection 112(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 National Energy Board Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies .

• Marginal note:Suspension

  (2) If the consent is suspended by the Board, or by the pipeline company in accordance with subsection 10(1) of the National Energy Board Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies, the authorization is suspended and the construction 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.