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

Surveillance and Monitoring

39 A company shall develop a surveillance and monitoring program for the protection of the pipeline, the public and the environment.

Integrity Management Program

40 A company shall develop, implement and maintain an integrity management program that anticipates, prevents, manages and mitigates conditions that could adversely affect safety or the environment during the design, construction, operation, maintenance or abandonment of a pipeline.

• 41 (1) If a company finds a level of defect in excess of that allowed by CSA Z662 on its pipeline, the company shall document the particulars of the defect, its likely cause and the corrective action taken or planned to be taken.

• (2) A company shall submit the documentation referred to in subsection (1) to the Regulator when required to do so.

Change in Class Location

42 If the class location of a section of a pipeline changes to a higher designation that has a more stringent location factor, the company shall, within six months after the change, submit the proposed plan to deal with the change to the Regulator.

Change of Service or Increase in Maximum Operating Pressure

43 If a company proposes a change of service or an increase in the maximum operating pressure for the pipeline, the company shall submit an application for the change or increase to the Commission.

Deactivation and Reactivation

• 44 (1) If a company proposes to deactivate a pipeline or part of one for 12 months or more, has maintained a pipeline or part of one in a deactivated mode for 12 months or more or has not operated a pipeline or part of one for 12 months or more, the company shall submit an application for deactivation to the Commission.

• (2) The company shall include in the application the reasons, and the procedures that were or are to be used, for the activity that is the subject of the application.

• 45 (1) If a company proposes to reactivate a pipeline or part of one that has been deactivated for 12 months or more, the company shall submit an application for the reactivation to the Commission.

• (2) The company shall include in the application the reasons, and the procedures that are to be used, for the reactivation.

Decommissioning

• 45.1 (1) If a company proposes to decommission a pipeline or part of one, the company shall submit an application for the decommissioning to the Commission.

• (2) The company shall include in the application the reasons, and the procedures that are to be used, for the decommissioning.

Training Program

• 46 (1) A company shall develop and implement a training program for any employee of the company who is directly involved in the operation of the pipeline.

• (2) The training program shall instruct the employee on

  • (a) the safety regulations and procedures applicable to the day-to-day operation of the pipeline;

  • (a.1) the security processes, procedures and measures applicable to the day-to-day operation of the pipeline;

  • (b) responsible environmental practices and procedures in the day-to-day operations of the pipeline;

  • (c) the procedures for the proper operation of the equipment that the employee could reasonably be expected to use; and

  • (d) the emergency procedures set out in the manual developed under section 32 and the procedures for the operation of all emergency equipment that the employee could reasonably be expected to use.

• (3) The company shall use reasonable efforts to ensure that any employee who attends a training program has a working knowledge of the subject-matter of the program at the end of the program.

Safety Management Program

47 A company shall develop, implement and maintain a safety management program that anticipates, prevents, manages and mitigates potentially dangerous conditions and exposure to those conditions during all activities relating to construction, operation, maintenance, abandonment and emergency situations.

Security Management Program

47.1 A company shall develop, implement and maintain a security management program that anticipates, prevents, manages and mitigates conditions that could adversely affect people, property or the environment.

Damage Prevention Program

47.2 A company shall develop, implement and maintain a damage prevention program that anticipates, prevents, manages and mitigates damage to its pipeline and meets the requirements set out in section 16 of the Canadian Energy Regulator Pipeline Damage Prevention Regulations — Obligations of Pipeline Companies.

Environmental Protection Program

48 A company shall develop, implement and maintain an environmental protection program that anticipates, prevents, manages and mitigates conditions that could adversely affect the environment.

Commission Authority

49 When the protection of property and the environment and the safety of the public and the company’s employees warrant it, the Commission may direct a company to test, inspect or assess a pipeline in accordance with CSA standards or any other comparable standards.

Abandonment

Application for Leave to Abandon

50 A company shall include in an application made under section 241 of the Act for leave to abandon a pipeline or part of one the reasons, and the procedures that are to be used, for the abandonment.

Reporting

Crossing Reports

51 If a company constructs a pipeline that crosses a utility or private road, the company shall

• (a) immediately notify the Regulator of the details of unplanned interruption in the operation of the utility or any unplanned closure of the road if the interruption or closure results from the construction of the crossing; and

• (b) on request, submit a crossing report to the Regulator that sets out

  • (i) the description and location of the utility or road, and

  • (ii) the name of the authority having control over the utility or the name of the owner of the road.

Incident Report

• 52 (1) A company shall immediately notify the Regulator of any incident relating to the construction, operation or abandonment of its pipeline and shall submit a preliminary and detailed incident report to the Regulator as soon as is practicable.

• (2) After notification of an incident, an inspection officer may partially or completely relieve a company from the requirement to submit a preliminary and detailed incident report.

Audits and Inspections

General Compliance

• 53 (1) A company shall conduct inspections on a regular basis and audits, with a maximum interval of three years, to ensure that its pipeline is designed, constructed, operated and abandoned in compliance with

  • (a) Parts 2 and 3 of the Act;

  • (b) Part 6 of the Act as it relates to the safety and security of persons and for the protection of property and the environment;

  • (c) these Regulations; and

  • (d) the terms and conditions of any certificate or order issued by the Commission, as it relates to the safety and security of persons and for the protection of property and the environment.

• (2) The audit shall document

  • (a) all non-compliance noted; and

  • (b) any corrective action taken or planned to be taken.

Construction Inspection

• 54 (1) When a company constructs a pipeline, the company or an agent independent of any construction contractor retained by the company shall inspect the construction to ensure that it meets the requirements of these Regulations and complies with the terms and conditions of any certificate or order issued by the Commission.

• (2) An inspection shall be performed by a person who has sufficient expertise, knowledge and training to competently carry out the inspection.

Program Audits

• 55 (1) A company shall conduct audits, with a maximum interval of three years, of the following programs:

  • (a) the emergency management program referred to in section 32;

  • (b) the integrity management program referred to in section 40, including the pipeline control system referred to in section 37;

  • (c) the safety management program referred to in section 47;

  • (d) the security management program referred to in section 47.1;

  • (e) the environmental protection program referred to in section 48; and

  • (f) the damage prevention program referred to in section 47.2.

• (2) The documents prepared following the audit shall include

  • (a) any deficiencies noted; and

  • (b) any corrective action taken or planned to be taken.

Record Retention

Requirements

56 A company shall, in addition to complying with the record retention requirements set out in the CSA standards referred to in section 4, retain

• (a) until at least one month after the date on which they were recorded, the records made under paragraphs 36(c) and 37(b) except for leak detection data, which shall be retained for six months;

• (b) an annual report on the training program developed under section 46 that compares the actual training received by employees to the planned training;

• (c) for at least one year after a pipeline or part of one is placed into service, any information with respect to the quality assurance program developed under section 15;

• (d) for the most recent five years of operation or for the period covered by the two most recent complete audits, whichever period is longer, the records for the audits and inspections required by sections 53 to 55;

• (e) for as long as the installations referred to in section 38 remain on the pipeline, detailed records of those installations, including

  • (i) the location of the installation,

  • (ii) the type of installation,

  • (iii) the date of installation,

  • (iv) the welding procedure used,

  • (v) the carbon equivalent of the pipeline,

  • (vi) the results of the non-destructive testing performed on the installation, and

  • (vii) the planned date of removal of the installation;

• (f) accurate records of the location of all buried facilities, until they are removed; and

• (g) for at least two years after the operation of a pipeline or part of one has been duly abandoned in accordance with all applicable requirements

  • (i) all records available to the company in respect of the procedures used in each stage of the construction of the pipeline or part,

  • (ii) the production reports and mill certificates,

  • (iii) the specifications and name-plate data, if any, of the pumps, compressors, drivers, storage tanks and other major equipment of the pipeline,

  • (iv) the performance curves of all main line pumps and compressors of the pipeline,

  • (v) the reports of all surveillance and monitoring programs developed under section 39,

  • (vi) the documentation referred to in section 41 in respect of pipeline defects, and

  • (vii) the documentation on all incidents reported under section 52.