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

Regulations are current to 2020-10-05 and last amended on 2020-03-16. Previous Versions

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.

  • SOR/2020-50, s. 30
  •  (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.

  • SOR/2007-50, s. 4
  • SOR/2013-49, s. 6
  • SOR/2020-50, s. 30

 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.

  • SOR/2007-50, s. 2(F)
  • SOR/2013-49, s. 5
  • SOR/2020-50, s. 17

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.

  • SOR/2013-49, s. 5
  • SOR/2020-50, s. 18
  •  (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.

  • SOR/2013-49, s. 5
  • SOR/2020-50, s. 19
  • SOR/2020-50, s. 29
  •  (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.

  • SOR/2013-49, s. 5
  • SOR/2020-50, s. 20

 The company must have a documented organizational structure that enables it to

  • (a) meet the requirements of the management system and meet its obligations under these Regulations;

  • (b) determine and communicate the roles, responsibilities and authority of the officers and employees at all levels of the company; and

  • (c) demonstrate, based on an annual documented evaluation of need, that the human resources allocated to establishing, implementing and maintaining the management system are sufficient to meet the requirements of the management system and to meet the company’s obligations under these Regulations.

  • SOR/2013-49, s. 5
  • SOR/2020-50, s. 21

Management System Processes

  •  (1) A company shall, as part of its management system and the programs referred to in section 55,

    • (a) establish and implement a process for setting the objectives and specific targets that are required to achieve the goals established under subsection 6.3(1) and for ensuring their annual review;

    • (b) develop performance measures for evaluating the company’s success in achieving its goals, objectives and targets;

    • (c) establish and implement a process for identifying and analyzing all hazards and potential hazards;

    • (d) establish and maintain an inventory of the identified hazards and potential hazards;

    • (e) establish and implement a process for evaluating the risks associated with the identified hazards and potential hazards, including the risks related to normal and abnormal operating conditions;

    • (f) establish and implement a process for developing and implementing controls to prevent, manage and mitigate the identified hazards, potential hazards and risks and for communicating those controls to anyone who is exposed to the risks;

    • (g) establish and implement a process for identifying, and monitoring compliance with, all legal requirements that are applicable to the company in matters of safety, security and protection of the environment;

    • (h) establish and maintain a list of those legal requirements;

    • (i) establish and implement a process for identifying and managing any change that could affect safety, security or the protection of the environment, including any new hazard or risk, any change in a design, specification, standard or procedure and any change in the company’s organizational structure or the legal requirements applicable to the company;

    • (j) establish and implement a process for developing competency requirements and training programs that provide employees and other persons working with or on behalf of the company with the training that will enable them to perform their duties in a manner that is safe, ensures the safety and security of the pipeline and protects the environment;

    • (k) establish and implement a process for verifying that employees and other persons working with or on behalf of the company are trained and competent and for supervising them to ensure that they perform their duties in a manner that is safe, ensures the safety and security of the pipeline and protects the environment;

    • (l) establish and implement a process for making employees and other persons working with or on behalf of the company aware of their responsibilities in relation to the processes and procedures required by this section;

    • (m) establish and implement a process for the internal and external communication of information relating to safety, security and protection of the environment;

    • (n) establish and implement a process for identifying the documents required for the company to meet its obligations under these Regulations;

    • (o) establish and implement a process for preparing, reviewing, revising and controlling those documents, including a process for obtaining approval of the documents by the appropriate authority;

    • (p) establish and implement a process for generating, retaining and maintaining records that document the implementation of the management system and the programs referred to in section 55 and for providing access to those who require them in the course of their duties;

    • (q) establish and implement a process for coordinating and controlling the operational activities of employees and other people working with or on behalf of the company so that each person is aware of the activities of others and has the information that will enable them to perform their duties in a manner that is safe, ensures the safety and security of the pipeline and protects the environment;

    • (r) establish and implement a process for the internal reporting of hazards, potential hazards, incidents and near-misses and for taking corrective and preventive actions, including the steps to manage imminent hazards;

    • (s) establish and maintain a data management system for monitoring and analyzing the trends in hazards, incidents and near-misses;

    • (t) establish and implement a process for developing contingency plans for abnormal events that may occur during construction, operation, maintenance, abandonment or emergency situations;

    • (u) establish and implement a process for inspecting and monitoring the company’s activities and facilities to evaluate the adequacy and effectiveness of the programs referred to in section 55 and for taking corrective and preventive actions if deficiencies are identified;

    • (v) establish and implement a process for evaluating the adequacy and effectiveness of the company’s management system and for monitoring, measuring and documenting the company’s performance in meeting its obligations under these Regulations;

    • (w) establish and implement a quality assurance program for the management system and for each program referred to in section 55, including a process for conducting audits in accordance with section 53 and for taking corrective and preventive actions if deficiencies are identified; and

    • (x) establish and implement a process for conducting an annual management review of the management system and each program referred to in section 55 and for ensuring continual improvement in meeting the company’s obligations under these Regulations.

  • (2) In this section, a reference to a process includes any procedures that are necessary to implement the process.

  • (3) The company shall document the processes and procedures required by this section.

  • SOR/2013-49, s. 5
  • SOR/2020-50, s. 22
  • SOR/2020-50, s. 23
 
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