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International and Interprovincial Power Line Damage Prevention Regulations — Authorizations (SOR/2019-347)

Regulations are current to 2021-04-20 and last amended on 2020-03-16. Previous Versions

Circumstances

Marginal note:Construction of international or interprovincial power line

 For the purposes of paragraph 272(1)(c) of the Act, a person may construct an international or interprovincial power line that passes on, over, along or under a facility in the following circumstances:

  • (a) in respect of overhead crossings, the line is designed and constructed in accordance with CSA Group standard C22.3 No. 1, Overhead systems, as amended from time to time;

  • (b) in respect of underground crossings, the line is designed and constructed in accordance with CSA Group standard C22.3 No. 7, Underground systems, as amended from time to time;

  • (c) the line does not extend beyond any terminal of that line;

  • (d) the line is designed and constructed in accordance with any applicable provincial and federal legislation;

  • (e) the person obtains written permission from the owner of the facility; and

  • (f) the person and the owner of the facility agreed in writing to a construction procedure and schedule for the work.

Transitional Provisions

Marginal note:Definition of coming-into-force day

 In sections 12 to 15, coming-into-force day means the day on which the Canadian Energy Regulator Act comes into force.

Marginal note:Leave

 Any leave granted by the holder before the coming-into-force day, under subsection 58.31(2) of the National Energy Board Act, as it read immediately before that date, to operate a vehicle or mobile equipment across an international or interprovincial power line, remains in force until the expiry date set out in the leave.

Marginal note:Leave — excavation or construction of facility

 Any excavation or the construction of a facility that was started before the coming-into-force day and for which leave of the National Energy Board was not necessary under paragraph 58.33(c) of the National Energy Board Act, as it read immediately before that day, may be continued after that day if it is carried out in conformity with the applicable conditions set out in section 3 of the Power Line Crossing Regulations, as it read immediately before that day.

Marginal note:Construction — international or interprovincial power line

 Any construction of an international or interprovincial power line that passes on, over, along or under a facility for which leave was granted before the coming-into-force day, under subsections 58.28(1) and (4) of the National Energy Board Act, as it read immediately before that date, continues to be authorized if the construction is carried out in conformity with the applicable circumstances set out in section 4 of the Power Line Crossing Regulations, as it read immediately before that day.

Repeal

 The Power Line Crossing RegulationsFootnote 1 are repealed.

Coming into Force

Marginal note:S.C. 2019, c. 28, s. 10

Footnote * These Regulations come into force on the day on which the International and Interprovincial Power Line Damage Prevention Regulations – Obligations of Holders of Permits and Certificates come into force, but if they are registered after that day, they come into force on the day on which they are registered.

 
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