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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

Management System (continued)

 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.

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.

Annual Report

  •  (1) A company shall complete an annual report for the previous calendar year, signed by the accountable officer, that describes

    • (a) the company’s performance in achieving its goals, objectives and targets during that year, as evaluated by the performance measures developed under paragraph 6.5(1)(b);

    • (b) the adequacy and effectiveness of the company’s management system, as evaluated by the process established and implemented under paragraph 6.5(1)(v); and

    • (c) the actions taken during that year to correct any deficiencies identified by the quality assurance program established under paragraph 6.5(1)(w).

  • (2) No later than April 30 of each year, the company shall submit to the Regulator a statement, signed by the accountable officer, indicating that it has completed its annual report.

 [Repealed, SOR/2007-50, s. 3]

 [Repealed, SOR/2013-49, s. 6]

Design of the Pipeline

[
  • SOR/2013-49, s. 22
]

Detailed Designs

[
  • SOR/2007-50, s. 5(F)
]

 A company shall develop detailed designs of the pipeline and submit them to the Regulator when required to do so.

HVP Pipeline

  •  (1) When an HVP pipeline is to be situated in a Class 1 location and within 500 m of the right-of-way of a railway or paved road, a company shall develop a documented risk assessment to determine the need for heavier wall design, taking into account such factors as pipeline diameter and operating pressure, HVP fluid characteristics, topography and traffic type and density of the traffic on the railway or paved road.

  • (2) A company shall submit a documented risk assessment to the Regulator when required to do so.

Stations

 A station shall be

  • (a) designed to provide year-round suitable access for personnel;

  • (b) designed to prevent unauthorized entry to and unauthorized operation of the station;

  • (c) equipped with facilities for the containment, handling and disposal of wastes incidental to the station’s operation; and

  • (d) designed so that the noise level during operation meets the noise level requirement approved by the Commission pursuant to section 5.1.

 A compressor station or pump station shall be equipped with an alternate source of power capable of

  • (a) operating the station’s emergency shut-down system;

  • (b) operating an emergency lighting system for the safe evacuation of personnel from the station and for other emergency procedures; and

  • (c) maintaining any other service essential to the safety of personnel and the public or the protection of the environment.

Storage Facilities

 A storage facility shall

  • (a) be located in an area that is known to be free from flooding, landslides, rockfalls and geological faults;

  • (b) be serviced by an all-weather road that gives access to all permanently installed fire-fighting equipment located at or near the storage facility; and

  • (c) have a containment area or a system designed to prevent the release or migration of stored products or toxic substances.

Materials

[
  • SOR/2013-49, s. 22
]

Specifications

 A company shall develop specifications for the pipe and components to be used in the pipeline and shall submit them to the Regulator when required to do so.

Quality Assurance Program

 A company shall develop a quality assurance program for the purpose of ensuring that the pipe and components to be used in the pipeline meet the specifications referred to in section 14.

Joining

[
  • SOR/2013-49, s. 22
]

Joining Program

 A company shall develop a joining program in respect of the joining of pipe and the components to be used in the pipeline and shall submit it to the Regulator when required to do so.

Non-destructive Examination

 When a company conducts joining on a pipeline, the company shall examine the entire circumference of each joint by radiographic or ultrasonic methods.

Construction

[
  • SOR/2013-49, s. 22
]

Construction Safety

  •  (1) If a company contracts for the provision of services in respect of the construction of a pipeline, the company shall

    • (a) inform the contractor of all special conditions associated with the construction;

    • (b) inform the contractor of all special safety practices and procedures necessitated by the conditions or features specific to the construction;

    • (b.1) inform the contractor of the contractor’s responsibilities referred to in paragraph 6.5(1)(l);

    • (c) take all reasonable steps to ensure that construction activities are conducted in accordance with the manual developed under section 20; and

    • (d) authorize a person to halt a construction activity in circumstances where, in the person’s judgement, the construction activity is not being conducted in accordance with the manual developed under section 20 or is creating a hazard to anyone at the construction site.

  • (2) The person referred to in paragraph (1)(d) must have sufficient expertise, knowledge and training to competently carry out the obligations set out in that paragraph.

  • SOR/2013-49, s. 8

 A company shall, during the construction of a pipeline, take all reasonable steps to ensure that

  • (a) the construction activities do not create a hazard to the public or the environment; and

  • (b) all persons at the construction site who are not involved in the construction of the pipeline are informed of the practices and procedures that are to be followed for their safety.

  •  (1) A company shall develop a construction safety manual and shall submit it to the Regulator.

  • (1.1) If a company contracts for the provision of services in respect of the construction of a pipeline, the construction safety manual shall set out the contractor’s responsibilities referred to in paragraph 6.5(1)(l).

  • (2) A company shall keep a copy of the construction safety manual or the relevant parts of it at each construction site of the pipeline, in a location where it is accessible to every person engaged in construction at the site.

Right-of-way and Temporary Work Areas

 After a pipeline is constructed, the right-of-way and temporary work areas of the pipeline shall be restored to a condition similar to the surrounding environment and consistent with the current land use.

Crossing a Utility or Private Road

 When a pipeline is constructed across a utility or private road, the company constructing the pipeline shall ensure that there is no undue interference with the use of the utility or road during construction.

Pressure Testing

[
  • SOR/2013-49, s. 22
]

Pressure Testing Program

 Before putting a pipeline into service, a company shall develop a program in respect of pressure tests to be conducted for pipe and components used in its pipeline and shall submit it to the Regulator when required to do so.

Permits for Use and Disposal of Water

 Before conducting a pressure test, a company shall obtain any permits required in respect of the use and disposal of water for test purposes.

General Testing Requirements

  •  (1) Pressure testing shall be performed under the direct supervision of the company or an agent appointed by it.

  • (2) The agent referred to in subsection (1) shall be independent of any contractor that carries out the pressure testing program or that constructed the pipeline.

  • (3) The company or agent shall date and sign any logs, test charts and other test records that are referred to in CSA Z276 or CSA Z662, as applicable.

 The number of welds in a pipeline that are not subjected to a pressure test following the installation of fabricated assemblies or pipe segments into the pipeline shall be minimized to the extent that is practicable.

  • SOR/2007-50, s. 11

Operation and Maintenance

[
  • SOR/2013-49, s. 22
]

Operation and Maintenance Manuals

 A company shall develop, regularly review and update as required, operation and maintenance manuals that provide information and procedures to promote safety, environmental protection and efficiency in the operation of the pipeline and shall submit them to the Regulator when required to do so.

 
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