International and Interprovincial Power Line Damage Prevention Regulations – Obligations of Holders of Permits and Certificates (SOR/2020-49)

Her Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to paragraphs 96(c) to (f) and 275(3)(b) of the Canadian Energy Regulator ActFootnote ^a, approves the annexed International and Interprovincial Power Line Damage Prevention Regulations – Obligations of Holders of Permits and Certificates, made by the Canadian Energy Regulator.

• Return to footnote ^aS.C. 2019, c. 28, s. 10

The Canadian Energy Regulator, pursuant to paragraphs 96(c) to (f) and 275(3)(b) of the Canadian Energy Regulator ActFootnote ^a makes the annexed International and Interprovincial Power Line Damage Prevention Regulations — Obligations of Holders of Permits and Certificates.

Calgary, November 25, 2019

La chef du personnel et secrétaire générale de la Régie canadienne de l’énergie, Katherine Murphy Chief of Staff and Corporate Secretary, Canadian Energy Regulator

Interpretation

Marginal note:Definitions

1 The following definitions apply in these regulations.

Act

Act means the Canadian Energy Regulator Act. (Loi)

authorization

authorization means an authorization referred to in paragraph 275(3)(b) of the Act. (autorisation)

holder

holder has the meaning assigned by subsection 1(1) of the International and Interprovincial Power Line Damage Prevention Regulations — Authorizations. (titulaire)

international or interprovincial power line

international or interprovincial power line means a facility referred to in subsection 271(1) of the Act. (ligne internationale ou interprovinciale)

prescribed area

prescribed area has the meaning assigned by section 2 of the International and Interprovincial Power Line Damage Prevention Regulations — Authorizations. (zone visée)

working day

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

One-call Centre

Marginal note:Obligation to be member

• 2 (1) If a holder operates an international or interprovincial power line within a geographical area where there is a one-call centre, the holder must be a member of that centre.

• Marginal note:One-call centre

  (2) 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 persons within a defined geographical area; and

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

Authorizations

Marginal note:Powers of holder

3 A holder may give authorizations under paragraph 275(1)(c), (d) or (f) of the Act and may require that the authorization be subject to any conditions that the holder considers appropriate.

Obligations Following Request to Locate

Marginal note:Time period

4 If a holder receives a request to locate the holder’s international or interprovincial power line from a person who intends to construct a facility across, on, along or under an international or interprovincial power line or engage in an activity that causes a ground disturbance within the prescribed area, the holder must, within three working days, after the day on which the request is made, or any longer period agreed to by the holder and that person,

• (a) inform the person, in writing, of safety practices to be followed while working in the vicinity of the holder’s international or interprovincial power line and, in case of a ground disturbance, within the prescribed area;

• (b) mark the location of the underground portion of the holder’s international or interprovincial power line in the vicinity of the proposed facility or the prescribed area using markings that are clearly visible and distinct from any other markings that may be in the vicinity of the proposed facility or the prescribed area; and

• (c) provide information to the person that clearly explains the significance of the markings.

Inspections by Holder

Marginal note:Inspections and field observations

5 To ensure the safety and security of persons and the protection of property and the environment in relation to an activity that causes a ground disturbance within the prescribed area, the holder must

• (a) conduct inspections in accordance with the conditions set out in the authorization and in any case in which the holder determines that an inspection is necessary;

• (b) inspect any underground portion of the holder’s international or interprovincial power line that is exposed, to ensure that no damage to the line has occurred, before backfilling over it; and

• (c) in respect of any inspection carried out under paragraph (a) or (b), make field observations relating to compliance with the applicable measures set out in the International and Interprovincial Power Line Damage Prevention Regulations — Authorizations.

Obligation to Report

Marginal note:Report to Regulator

6 Beginning with the year 2021, the holder must, no later than January 31 of each calendar year, provide the Regulator a report for the previous calendar year that contains the following information:

• (a) details of any contravention of the International and Interprovincial Power line Damage Prevention Regulations — Authorizations;

• (b) details of any damage to its international or interprovincial power lines, including the cause and nature of the damage and any related impacts on the reliability of an international or interprovincial power line;

• (c) any concerns that the holder may have regarding the international or interprovincial power line’s safety, security or reliability as a result of the construction of the facility, the activity that causes a ground disturbance or the operation of vehicles or mobile equipment across the power line; and

• (d) any action the holder has taken or intends to take or request in relation to the contravention or damage.

Management System

Records

Marginal note:Time period — construction and activities

• 7 (1) The holder must maintain a record of all construction of facilities across, on, along or under its international or interprovincial power line and of all activities that cause a ground disturbance within the prescribed area for the life of that line.

• Marginal note:Contents of record

  (2) The record must contain, for each facility or each activity that causes a ground disturbance,

  • (a) a copy of the written authorization given by the holder;

  • (b) in respect of the inspections referred to in paragraphs 5(a) and (b),

    • (i) the name of the person that conducted the inspection,

    • (ii) the date and time of the inspection, and

    • (iii) all findings and observations including any field observations referred to in paragraph 5(c); and

  • (c) the details of any abandonment, removal or alteration of the facility.

• Marginal note:Time period — certain authorizations

  (3) Despite subsection (1), if there is an expiry date set out in the authorization, the holder need only retain the record that contains the copy of the written authorization for a period of 12 months from the day on which the authorization expires.

Damage Prevention Program

Marginal note:Minimum elements

• 8 (1) The holder is required to develop, implement and maintain a damage prevention program that must include

  • (a) an ongoing public awareness program to inform the public

    • (i) of the location of its international or interprovincial power line,

    • (ii) of the locations where the operation of vehicles or mobile equipment across the holder’s international or interprovincial power lines could compromise the safety and security of persons or the safety or security of the power lines and their components,

    • (iii) of the safety measures to be implemented at the locations referred to in subparagraph (ii) in order to reduce the risks of an incident resulting from the crossing of the power line at that location,

    • (iv) on how to work safely near an international or interprovincial power line,

    • (v) on how to report an unexpected situation related to an international or interprovincial power line that could endanger life or cause substantial property or environmental damage and that requires immediate action,

    • (vi) on how to report any contact with an international or interprovincial power line and if the international or interprovincial power line was damaged, the damage caused,

    • (vii) of the services of a one-call centre, if there is one within the relevant geographical area,

    • (viii) on the obligation to obtain an authorization before constructing a facility across, on, along or under an international or interprovincial power line, engaging in an activity that causes a ground disturbance within the prescribed area or operating vehicles or mobile equipment across an international or interprovincial power line, in the case of a vehicle or mobile equipment that is not operated within the travelled portion of a highway or public road,

    • (ix) of the information to be provided in a request for authorization to construct a facility across, on, along or under an international or interprovincial power line, to engage an activity that causes a ground disturbance within the prescribed area or to operate a vehicle or mobile equipment across an international or interprovincial power line, and

    • (x) on the obligation to make a locate request and on how to make a locate request;

  • (b) a process to ensure a timely response to locate requests;

  • (c) a process for locating and marking any underground portion of an international or interprovincial power line; and

  • (d) a process for managing requests for authorization to construct a facility across, on, along or under an international or interprovincial power line, to engage in an activity that causes a ground disturbance within the prescribed area or to operate a vehicle or mobile equipment across the international or interprovincial power line.

• Marginal note:Existing damage prevention program

  (2) A holder is not required to establish a new damage prevention program if the holder already has one, as required by the conditions of the certificate or permit, and that program meets the requirements of subsection (1).

• Marginal note:Time limit for compliance

  (3) A holder must establish a damage prevention program within 12 months after the day on which the certificate or permit is issued or within a time limit set out in the conditions of the certificate or permit.

Transitional Provision

Marginal note:Damage prevention program

9 A holder that has been issued a certificate or permit, authorizing the holder to construct or operate an international or interprovincial power line, under the National Energy Board Act before the coming into force of these Regulations, must establish a damage prevention program within 12 months after the day on which these Regulations come into force or within a time limit specified or set out in the conditions in the certificate or permit.

Coming into Force

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

10 These Regulations come into force on the day on which they are registered.