Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Canadian Energy Regulator Onshore Pipeline Regulations (SOR/99-294)

Regulations are current to 2022-06-20 and last amended on 2020-03-16. Previous Versions

Canadian Energy Regulator Onshore Pipeline Regulations

SOR/99-294

NATIONAL ENERGY BOARD ACT

Registration 1999-06-23

Canadian Energy Regulator Onshore Pipeline Regulations

P.C. 1999-1184  1999-06-23

The National Energy Board, pursuant to subsection 48(2) of the National Energy Board Act, hereby makes the annexed Onshore Pipeline Regulations, 1999.

Calgary, Alberta, May 26, 1999

His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to subsection 48(2) of the National Energy Board Act, hereby approves the annexed Onshore Pipeline Regulations, 1999, made by the National Energy Board.

Interpretation

 The definitions in this section apply in these Regulations.

abandon

abandon means to permanently cease operation such that the cessation results in the discontinuance of service. (cessation d’exploitation)

accountable officer

accountable officer means a person appointed as accountable officer under subsection 6.2(1). (dirigeant responsable)

Act

Act means the Canadian Energy Regulator Act. (Loi)

change of service

change of service means a change in the type of fluid transported in the pipeline, which necessitates changes to the design requirements in accordance with CSA Z662. (modification du service)

class location

class location means a class location as defined in CSA Z662 and as determined in accordance with that standard. (classe d’emplacement)

Commission

Commission means the Commission referred to in subsection 26(1) of the Act. (Commission)

component

component means a component as defined in CSA Z662. (élément)

CSA

CSA means the Canadian Standards Association. (CSA)

CSA W178.2

CSA W178.2[Repealed, SOR/2007-50, s. 1]

CSA Z246.1

CSA Z246.1 means CSA Standard Z246.1 entitled Security Management for Petroleum and Natural Gas Industry Systems, as amended from time to time. (norme CSA Z246.1)

CSA Z276

CSA Z276 means CSA Standard Z276 entitled Liquefied Natural Gas (LNG) - Production, Storage and Handling, as amended from time to time. (norme CSA Z276)

CSA Z341

CSA Z341 means CSA Standard Z341 entitled Storage of Hydrocarbons in Underground Formations, as amended from time to time. (norme CSA Z341)

CSA Z662

CSA Z662 means CSA Standard Z662 entitled Oil and Gas Pipeline Systems, as amended from time to time. (norme CSA Z662)

deactivate

deactivate means to remove temporarily from service. (désactivation)

decommission

decommission means to permanently cease operation such that the cessation does not result in the discontinuance of service. (désaffectation)

environment

environment means elements of the Earth and includes

  • (a) land, water and air, including all layers of the atmosphere;

  • (b) all organic and inorganic matter and living organisms; and

  • (c) the interacting natural systems that include elements referred to in paragraphs (a) and (b). (environnement)

HVP

HVP means high vapour pressure as defined in CSA Z662. (HPV)

incident

incident means an occurrence that results in

  • (a) the death of or serious injury to a person;

  • (b) a significant adverse effect on the environment;

  • (c) an unintended fire or explosion;

  • (d) an unintended or uncontained release of LVP hydrocarbons in excess of 1.5 m3;

  • (e) an unintended or uncontrolled release of gas or HVP hydrocarbons;

  • (f) the operation of a pipeline beyond its design limits as determined under CSA Z662 or CSA Z276 or any operating limits imposed by the Regulator. (incident)

inspection officer

inspection officer means an inspection officer designated by the Chief Executive Officer under section 102 of the Act. (inspecteur)

joining

joining means the joining of pipe and components, performed after the pipe and component manufacturing processes. (assemblage)

LVP

LVP means low vapour pressure as defined in CSA Z662. (BPV)

management system

management system means the system set out in sections 6.1 to 6.6. (système de gestion)

maximum operating pressure

maximum operating pressure means maximum operating pressure as defined in CSA Z662. (pression maximale de service)

onshore pipeline

onshore pipeline or pipeline means a pipeline intended for the transmission of hydrocarbons that is not in an offshore area. (pipeline terrestre ou pipeline)

operate

operate includes repair, maintain, deactivate, reactivate and decommission. (exploitation)

release

release includes discharge, spray, spill, leak, seep, pour, emit, dump and exhaust. (rejet)

serious injury

serious injury includes an injury that results in

  • (a) the fracture of a major bone;

  • (b) the amputation of a body part;

  • (c) the loss of sight in one or both eyes;

  • (d) internal hemorrhage;

  • (e) third degree burns;

  • (f) unconsciousness; or

  • (g) the loss of a body part or function of a body part. (blessure grave)

station

station means a facility that is used in connection with the operation of a pipeline and includes a facility for pumping, compression, pressure reduction, storage of hydrocarbons, metering, receiving or delivering. It also includes the land and other works connected with the facility. (station)

storage facility

storage facility means a facility that is constructed for the storage of oil and includes the land and other works connected with the facility. (installation de stockage)

toxic substance

toxic substance means a substance that enters the environment in a quantity or concentration that may

  • (a) have an immediate or long-term adverse effect on the environment;

  • (b) constitute a danger to the environment on which human life depends; or

  • (c) constitute a danger to human life or health. (substance toxique)

Application

 Subject to sections 2.1 and 3, these Regulations apply in respect of onshore pipelines designed, constructed, operated or abandoned after the coming into force of these Regulations.

  • SOR/2003-39, s. 56

 These Regulations do not apply in respect of a hydrocarbon processing plant that is subject to the Canadian Energy Regulator Processing Plant Regulations.

  •  (1) Subject to subsection (2), sections 9 to 26 apply in respect of any construction, maintenance or repairs undertaken with respect to a pipeline.

  • (2) Sections 9 to 26 do not apply in respect of a pipeline or any part of a pipeline

    • (a) that exists on the coming into force of these Regulations; or

    • (b) for which an authorization to construct, maintain or repair it was issued on or before the coming into force of these Regulations.

  • SOR/2013-49, s. 3

General

  •  (1) When a company designs, constructs, operates or abandons a pipeline, or contracts for the provision of those services, the company shall ensure that the pipeline is designed, constructed, operated or abandoned in accordance with the applicable provisions of

    • (a) these Regulations;

    • (b) CSA Z276, if the pipeline transports liquefied natural gas;

    • (c) CSA Z341 for underground storage of hydrocarbons;

    • (d) CSA Z662, if the pipeline transports liquid or gaseous hydrocarbons; and

    • (e) CSA Z246.1 for all pipelines.

  • (2) Without limiting the generality of subsection (1), the company shall ensure that the pipeline is designed, constructed, operated or abandoned in accordance with the design, specifications, programs, manuals, procedures, measures and plans developed and implemented by the company in accordance with these Regulations.

  • (3) If there is an inconsistency between these Regulations and a standard referred to in paragraph (1)(b), (c), (d) or (e), these Regulations prevail to the extent of the inconsistency.

  • SOR/2013-49, s. 4

 If a company is required by these Regulations to develop a design, specification, program, manual, procedure, measure or plan, the Commission may order amendments to it if the Commission considers it necessary for safety or environmental reasons or if it is in the public interest to do so.

  •  (1) Designs, specifications, programs, manuals, procedures, measures or plans for which no standard is set out in these Regulations shall be submitted by a company to the Commission for approval.

  • (2) The Commission shall approve a design, specification, program, manual, procedure, measure or plan if

    • (a) it provides for a level of safety or protection at least equivalent to the level of safety or protection generally provided for by a comparable CSA standard, or by another applicable standard; or

    • (b) in the absence of a comparable CSA or other applicable standard, it provides for a level of safety or protection that is adequate in the circumstances.

 The purpose of these Regulations is to require and enable a company to design, construct, operate or abandon a pipeline in a manner that ensures

  • (a) the safety and security of persons;

  • (b) the safety and security of pipelines and abandoned pipelines; and

  • (c) the protection of property and the environment.

Management System

  •  (1) A company shall establish, implement and maintain a management system that

    • (a) is explicit, comprehensive and proactive;

    • (b) integrates the company’s operational activities and technical systems with its management of human and financial resources;

    • (c) applies to all the company’s activities involving the design, construction, operation or abandonment of a pipeline and to the programs referred to in section 55;

    • (d) ensures coordination between the programs referred to in section 55; and

    • (e) corresponds to the size of the company, to the scope, nature and complexity of its activities and to the hazards and risks associated with those activities.

  • (2) A company shall establish its management system within 90 days after the day on which the certificate or order authorizing it to construct or operate a pipeline is issued under the Act.

  •  (1) The company shall appoint an officer as accountable officer to ensure that its management system and the programs referred to in section 55 are established, implemented and maintained in accordance with section 6.1, this section and sections 6.3 to 6.6 and that its obligations under these Regulations are met.

  • (2) Within 30 days after the appointment of its accountable officer, the company shall notify the Regulator in writing of the name of the person appointed and ensure that the accountable officer submits to the Regulator a signed statement accepting the responsibilities of their position.

  • (3) The company shall ensure that the accountable officer has authority over the human and financial resources required to

    • (a) establish, implement and maintain the management system and the programs referred to in section 55; and

    • (b) ensure that the company’s activities are carried out in a manner that enables it to meet its obligations under these Regulations.

  •  (1) The company shall establish documented policies and goals to ensure that the purposes referred to in paragraphs 6(a) to (c) are achieved and that its obligations under these Regulations are met. The policies and goals shall include

    • (a) a policy for the internal reporting of hazards, potential hazards, incidents and near-misses that includes the circumstances, in addition to those set out in the Canada Labour Code, under which a person who makes a report will be immune from disciplinary action; and

    • (b) goals for the prevention of ruptures, liquid and gas releases, fatalities and injuries and for the response to incidents and emergency situations.

  • (2) The company shall base its management system, as well as the programs referred to in section 55, on those policies and goals.

  • (3) The accountable officer shall prepare a policy statement that sets out the company’s commitment to those policies and goals and shall communicate it to the company’s employees.

 
Date modified: