Canadian Energy Regulator Pipeline Damage Prevention Regulations – Authorizations (SOR/2016-124)

The National Energy Board, pursuant to subsections 112(5)Footnote ^a and (5.1)Footnote ^b of the National Energy Board ActFootnote ^c, makes the annexed National Energy Board Pipeline Damage Prevention Regulations – Authorizations.

• Return to footnote ^aS.C. 2015, c. 21, s. 34(2)

• Return to footnote ^bS.C. 2015, c. 21, s. 34(3)

• Return to footnote ^cR.S., c. N-7

Calgary, May 19, 2016

La secrétaire de l’Office national de l’énergie, Sheri Young Secretary of the National Energy Board

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

Act means the Canadian Energy Regulator Act. (Loi)

Commission

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

facility

facility means any structure, highway, private road, railway, irrigation ditch, drain, drainage system, sewer, dike, telephone line, telegraph line, telecommunication line, line for the transmission of electricity or pipe for the transmission of hydrocarbons or any other substance. (installation)

offshore area

offshore area means the submarine areas adjacent to the coast of Canada. (zone extracôtière)

overhead line

overhead line means a facility that is an above-ground telephone, telegraph, telecommunication or electric power line or any combination of those lines. (ligne aérienne)

pipe

pipe means a pipe that is part of a pipeline and that is used or is to be used for the transmission of hydrocarbons or any other commodity. (conduite)

working day

working day means any day that is not a Saturday or a Sunday or other holiday. (jour ouvrable)

General Provisions

Marginal note:Prescribed area

2 For the purposes of subsection 335(1) of the Act, the prescribed area means a strip of land measured 30 m perpendicularly on each side from the centreline of a pipe.

Marginal note:Locate request — person

• 3 (1) Subject to subsection (2), any person that intends to construct a facility across, on, along or under a pipeline or engage in an activity that would cause a ground disturbance within a prescribed area must make a locate request in the following manner at least three working days before the day on which the construction or activity is to start:

  • (a) to a one-call centre if the intended construction or activity is within an area where a one-call centre exists; or

  • (b) to the pipeline company directly if the intended construction or activity is not within an area where a one-call centre exists.

• Marginal note:Locate request — pipeline company

  (2) Any pipeline company that intends to construct a facility across, on, along or under its pipeline or engage in an activity that would cause a ground disturbance within a prescribed area must make a locate request to a one-call centre at least three working days before the day on which the construction or activity is to start if the intended construction or activity is within an area where a one-call centre exists.

• Marginal note:Emergency

  (3) In the case of an unexpected situation that could endanger life or cause substantial property or environmental damage that requires immediate action, the three-day period set out in subsections (1) and (2) does not apply and the locate request must be made as soon as possible before the construction or activity starts.

• Marginal note:One-call centre

  (4) A one-call centre is an organization that, for the purposes of protecting the underground infrastructures of its members from damage and ensuring public safety,

  • (a) receives locate requests from within a defined geographical area; and

  • (b) notifies its members that may be affected by any proposed construction or any proposed activity that would cause a ground disturbance and that are the subject of a locate request of that construction or activity.

Marginal note:Duty to inform

4 Any person that intends to construct a facility across, on, along or under a pipeline, engage in an activity that would cause a ground disturbance within a prescribed area or operate a vehicle or mobile equipment across a pipeline must, before the construction, activity or operation is to start, inform all persons working on their behalf, including employees, contractors and subcontractors, of their obligations under these Regulations.

Marginal note:Designation of temporary prohibition area

5 If a pipeline company, after having received a locate request from a person that intends to engage in an activity that would cause a ground disturbance within a prescribed area, designates an area that is situated in the vicinity of a pipeline and that may extend beyond the prescribed area as a prohibition area, the ground disturbance is prohibited within the area during the period referred to in subsection 335(7) of the Act.

Authorization Under the Act

Marginal note:Pipeline company

6 For the purposes of subsection 335(1) and paragraph 335(2)(a) of the Act and despite sections 7 and 9 to 13 of these Regulations, the construction of a facility — in an area other than an offshore area — across, on, along or under a pipeline, an activity — in an area other than an offshore area — that would cause a ground disturbance within a prescribed area and the operation of a vehicle or mobile equipment across a pipeline is authorized if the pipeline company that intends to carry out the construction, activity or operation

• (a) is authorized to carry out the construction, activity or operation under the Act;

• (b) makes a locate request in accordance with section 3; and

• (c) if another pipeline company receives the locate request, the pipeline company that made the locate request obtains from the other pipeline company the information that is referred to in paragraphs 6(1)(a) and (c) of the Canadian Energy Regulator Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies.

Facility

Marginal note:Authorization – of construction

• 7 (1) For the purposes of subsection 335(1) of the Act, the construction of a facility — in an area other than an offshore area — across, on, along or under a pipeline, other than the construction of an overhead line referred to in section 9, is authorized if the person that intends to construct the facility

  • (a) obtains the pipeline company’s written consent;

  • (b) makes a locate request in accordance with section 3; and

  • (c) obtains from the pipeline company the information that is referred to in paragraphs 6(1)(a) and (c) of the Canadian Energy Regulator Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies.

• Marginal note:Suspension

  (2) If the consent is suspended by the Commission, or by the pipeline company in accordance with subsection 10(1) of the Canadian Energy Regulator Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies, the authorization is suspended and the activity must cease for the duration of the suspension of the consent.

• Marginal note:Measures

  (3) Any person that is undertaking the construction of a facility must comply with the following measures:

  • (a) ensure that the construction is carried out in accordance with the technical details that are set out in the person’s request for consent and that have been accepted by the pipeline company, as well as with the conditions set out in the pipeline company’s consent;

  • (b) ensure that the construction is completed within two years after the day on which the consent was obtained, unless the pipeline company and the person agree on another time period that is set out in the consent;

  • (c) comply with the instructions of the pipeline company’s authorized field representative regarding the procedures that are to be followed while carrying out the construction in the vicinity of a pipe and that relate to the pipeline’s safety and security;

  • (d) if interference with or alteration of a pipe becomes necessary, obtain the pipeline company’s written consent to interfere with or alter the pipe;

  • (e) carry out any construction that involves the interference with or alteration of a pipe under the pipeline company’s supervision; and

  • (f) immediately notify the pipeline company of any contact with a pipe or its coating during the construction.

Marginal note:Obligations — existing facilities

8 The owner of a facility that is constructed — in an area other than an offshore area — across, on, along or under a pipeline must

• (a) maintain the facility in a state of good repair compatible with the pipeline’s safety and security;

• (b) immediately correct any deterioration in the facility on being so notified in writing by the pipeline company under subsection 9(1) of the Canadian Energy Regulator Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies;

• (c) notify the pipeline company, in writing, of any proposed abandonment or removal of the facility; and

• (d) remove or alter the facility or part of the facility that could adversely affect the pipeline’s safe and efficient operation or that could jeopardize property and the environment and the safety and security of the public and of the pipeline company’s employees.

Marginal note:Authorization for construction of overhead line

• 9 (1) For the purposes of subsection 335(1) of the Act, the construction of an overhead line across a pipeline — in an area other than an offshore area — is authorized if the person that intends to construct the overhead line

  • (a) makes a locate request in accordance with section 3;

  • (b) confirms with the pipeline company that all of the pipeline company’s pipes in the vicinity of the construction have been marked; and

  • (c) obtains from the pipeline company the information that is referred to in paragraphs 6(1)(a) and (c) of the Canadian Energy Regulator Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies.

• Marginal note:Measures

  (2) Any person that is undertaking the construction of an overhead line across a pipeline must comply with the following measures:

  • (a) construct the overhead line in accordance with any applicable provincial and federal law;

  • (b) if the pipeline is patrolled by aircraft and if the overhead line poses a risk to the aircraft, install and maintain aerial warning devices; and

  • (c) not construct or place any kind of pole, pylon, tower, guy, anchor or supporting structure across, on, along or under the pipeline.

Activity that Causes a Ground Disturbance

Marginal note:Authorization – ground disturbance activity

• 10 (1) For the purposes of subsection 335(1) of the Act, any activity — in an area other than an offshore area — that would cause a ground disturbance within the prescribed area, other than an activity referred to in section 11, is authorized if the person that intends to engage in the activity

  • (a) obtains the pipeline company’s written consent;

  • (b) makes a locate request in accordance with section 3; and

  • (c) obtains from the pipeline company the information that is referred to in paragraphs 6(1)(a) and (c) of the Canadian Energy Regulator Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies.

• Marginal note:Suspension

  (2) If the consent is suspended by the Commission, or by the pipeline company in accordance with subsection 10(1) of the Canadian Energy Regulator Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies, the authorization is suspended and the activity must cease for the duration of the suspension of the consent.

• Marginal note:Measures

  (3) Any person that is engaged in an activity that causes a ground disturbance within the prescribed area must comply with the following measures:

  • (a) ensure that the activity is carried out in accordance with the technical details that are set out in the person’s request for consent and that have been accepted by the pipeline company, as well as with the conditions set out in the pipeline company’s consent, including the conditions respecting directional drilling or the use of explosives;

  • (b) ensure that the activity is completed within two years after the day on which the consent was obtained, unless the pipeline company and the person agree on another time period that is set out in the consent;

  • (c) not undertake mechanical excavation that would cause a ground disturbance within the prescribed area within 3 m of a pipe, unless

    • (i) if the excavation runs parallel to the pipe, the pipe has been exposed by hand at sufficient intervals to confirm the pipe’s location or the pipeline company has used a method that would permit it to confirm the pipe’s exact location and has informed the person of that location,

    • (ii) if the excavation crosses the pipe, the pipe has been exposed by hand at the point of crossing or the pipeline company has used a method that would permit it to confirm the pipe’s exact location, has informed the person of that location and has confirmed that the pipe is at least 60 cm deeper than the proposed excavation, and

    • (iii) if ground conditions render it impractical to locate the pipe using any of the methods set out in subparagraphs (i) and (ii), the pipeline company directly supervises any excavation;

  • (d) comply with the instructions of the pipeline company’s authorized field representative regarding the procedures that are to be followed during the activity and that relate to the pipeline’s safety and security;

  • (e) if interference with or alteration of a pipe becomes necessary, obtain the pipeline company’s written consent to interfere with or alter the pipe;

  • (f) carry out any activity that involves the interference with or alteration of a pipe under the pipeline company’s supervision;

  • (g) immediately notify the pipeline company of any contact with a pipe or its coating during the activity; and

  • (h) unless otherwise agreed on by the pipeline company and the person that is engaged in the activity, notify the pipeline company at least 24 hours before backfilling over a pipe.

Marginal note:Authorization — activity required for maintenance of facility

11 For the purposes of subsection 335(1) of the Act, any maintenance of an existing facility — in an area other than an offshore area — that causes a ground disturbance within the prescribed area is authorized if the person engaged in the maintenance complies with paragraphs 10(1)(b) and (c) and the measures set out in paragraphs 10(3)(c) to (h).

Operation of Vehicles or Mobile Equipment Across a Pipeline

Marginal note:Authorization – operation across pipeline

12 Subject to section 13 and for the purposes of paragraph 335(2)(a) of the Act, the operation of a vehicle or mobile equipment across a pipeline is authorized if the person that intends to operate the vehicle or mobile equipment across the pipeline obtains the pipeline company’s written consent.

Marginal note:Authorization — agricultural activity

• 13 (1) For the purposes of paragraph 335(2)(a) of the Act, the operation across the pipeline of a vehicle or mobile equipment that is used to perform an agricultural activity is authorized if the following conditions are met:

  • (a) the loaded axle weight and tire pressures of the vehicle or mobile equipment are within the manufacturer’s approved limits and operating guidelines; and

  • (b) the point of crossing has not been the subject of a notification under section 7 of the Canadian Energy Regulator Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies.

• Definition of agricultural activity

  (2) In this section, agricultural activity means the production of crops and the raising of animals and includes tillage, plowing, disking, harrowing and pasturing, but does not include the construction of new buildings or impervious areas or the placement of footings, foundations, pilings or posts, including fence posts.

Application for Authorization

Marginal note:File application with Regulator

• 14 (1) A person that intends to construct a facility across, on, along or under a pipeline, engage in an activity that would cause a ground disturbance within the prescribed area of a pipeline or operate a vehicle or mobile equipment across a pipeline may file an application for authorization with the Regulator if

  • (a) the construction, activity or operation is not authorized under subsection 7(1), 9(1) or 10(1) or section 11 or 12; or

  • (b) the person is unable to comply with the applicable measures set out in subsection 7(3), 9(2) or 10(3).

• Marginal note:Service

  (2) If a person files an application under subsection (1), that person must serve a copy of the application on the pipeline company that operates the pipeline in question.

Transitional Provisions

Marginal note:Construction or excavation

• 15 (1) Any leave granted by the National Energy Board prior to June 19, 2016 to construct a facility across, on, along or under a pipeline or to excavate using power-operated equipment or explosives within 30 m of a pipeline under subsection 112(1) of the National Energy Board Act, as it read immediately prior to that date, expires on the date set out in the leave, but if there is no date set out in the leave it expires two years after the day on which the leave was granted.

• Marginal note:Crossing

  (2) Any leave granted by the pipeline company prior to June 19, 2016 to operate a vehicle or mobile equipment across a pipeline under subsection 112(2) of the National Energy Board Act, as it read prior to that date, expires on the date set out in the leave granted by the pipeline company.

Marginal note:Construction or installation of facility

16 The construction or installation of a facility in respect of which a person has obtained written permission under paragraph 4(b) of the National Energy Board Pipeline Crossing Regulations, Part I prior to June 19, 2016 is authorized under subsection 112(1) of the National Energy Board Act, as it reads on June 19, 2016, and the measures to be taken in relation to that construction or installation are those set out in paragraphs 4(a) to (m) of those Regulations as they read immediately before the day on which these Regulations come into force.

Marginal note:Excavation

17 An excavation in respect of which a person has obtained the pipeline company’s written permission under paragraph 6(b) of the National Energy Board Pipeline Crossing Regulations, Part I prior to June 19, 2016 is an authorized ground disturbance under subsection 112(1) of the National Energy Board Act, as it reads on June 19, 2016, and the measures to be taken in relation to the excavation are those set out in section 6 of those Regulations as it read immediately before the day on which these Regulations come into force.

Application Prior to Publication

Marginal note:Statutory Instruments Act

18 For the purposes of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.

Repeal

19 [Repeal]

Coming into Force

Marginal note:

Footnote ^*20 These Regulations come into force on the day on which section 34 of the Pipeline Safety Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

• Return to footnote ^*[Note: Regulations in force June 19, 2016.]