Short Title

1 These Regulations may be cited as the Power Line Crossing Regulations.

Interpretation

2 In these Regulations,

Act

Act means the National Energy Board Act; (Loi)

CSA

CSA means the Canadian Standards Association; (CSA)

facility

facility means

• (a) any structure that is constructed or placed on the right-of-way of a power line, and

• (b) any highway, private road, irrigation ditch, drain, drainage system, sewer, dike, telegraph or telephone line or line for the transmission of hydrocarbons, power or any other substance that is carried across, on, along or under any power line; (installation)

holder

holder means the holder of a permit or certificate issued in respect of a power line; (titulaire)

power line

power line means

• (a) an international power line the construction and operation of which is authorized by a certificate or permit issued before June 1, 1990,

• (b) an international power line the construction and operation of which is authorized by a certificate issued on or after June 1, 1990, following the filing of an election under section 58.23 of the Act,

• (c) an international power line, the construction and operation of which is authorized by a permit issued on or after June 1, 1990, across, on, along or under which it is proposed to construct a facility that is within the legislative authority of Parliament,

• (d) any portion of an international power line, the construction and operation of which is authorized by a permit or certificate issued on or after June 1, 1990, that is within a province in which no provincial regulatory agency has been designated under section 58.17 of the Act, and

• (e) an interprovincial power line in respect of which an order made under section 58.4 of the Act is in force; (ligne de transport d’électricité)

utility owner

utility owner means a person or public authority, or any combination of the two, that owns a utility. (propriétaire d’installation de service public)

Crossings

3 Leave of the Board to construct a facility across, on, along or under a power line or to excavate using power-operated equipment within 30 m of a power line, pursuant to subsection 58.31(1) or subsection 112(1) of the Act, is not necessary where

• (a) these activities are designed and executed in accordance with CAN/CSA-C22.3 No. 1-M87, Overhead Systems, as amended from time to time, in respect of overhead crossings;

• (b) these activities are designed and executed in accordance with CAN3-C22.3 No. 7-M86, Underground Systems, as amended from time to time, in respect of underground crossings;

• (c) written permission has been obtained by the owner of the facility or the owner’s sub-contractor from the holder; and

• (d) a written procedure and schedule for the work have been agreed to by the holder and the owner of the facility or the owner’s sub-contractor.

4 Leave of the Board to construct a power line across, on, along or under a facility, pursuant to subsection 58.29(1) of the Act, or a utility other than a navigable water or a railway, pursuant to subsection 108(2) of the Act, is not necessary where

• (a) the power line is designed and constructed in accordance with CAN/CSA-C22.3 No. 1-M87, Overhead Systems, as amended from time to time, in respect of overhead crossings;

• (b) the power line is designed and constructed in accordance with CAN3-C22.3 No. 7-M86, Underground Systems, as amended from time to time, in respect of underground crossings;

• (c) written permission has been obtained by the holder or the holder’s sub-contractor from the owner of the facility or utility;

• (d) a written construction procedure and schedule have been agreed to by the holder or the holder’s sub-contractor and the owner of the facility or the utility owner or their sub-contractor; and

• (e) the length of the power line will not be extended beyond all termini of that power line.