Canadian Energy Regulator Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies (SOR/2016-133)

Records

Marginal note:Facilities and ground disturbances

• 12 (1) The pipeline company must keep a record of all construction of facilities across, on, along or under a pipeline and of all activities that cause a ground disturbance within the prescribed area for the life of the pipeline.

• Marginal note:Contents of records

  (2) The records must include, for each facility or each activity that causes a ground disturbance, as the case may be,

  • (a) the name and address of the person that carries out the construction or engages in an activity that causes a ground disturbance;

  • (b) the nature and location of the facility or the activity that causes a ground disturbance;

  • (c) the dates of commencement and termination of the construction of the facility or the activity that causes a ground disturbance;

  • (d) a description of the proposed facility, submitted with the request for the consent;

  • (e) a copy of the pipeline company’s written consent;

  • (f) in respect of the inspections referred to in paragraphs 8(a) and (b), all findings and observations, including

    • (i) the name of the person that conducted the inspection,

    • (ii) the date and time of the inspection, and

    • (iii) any field observations referred to in paragraph 8(c);

  • (g) a statement of whether the person that carried out the construction or the person that engaged in an activity that caused a ground disturbance has complied with the measures set out in the Canadian Energy Regulator Pipeline Damage Prevention Regulations – Authorizations; and

  • (h) the details of any abandonment, removal or alteration of the facility.

• Marginal note:Consent — crossings

  (3) The pipeline company must keep a record that contains a copy of the written consents granted by the pipeline company for the purposes of section 12 of the Canadian Energy Regulator Pipeline Damage Prevention Regulations – Authorizations for the life of the pipeline or, if there is an expiry date set out in the consent, for a period of 12 months from the day on which the consent expires.

• Marginal note:Locations

  (4) The pipeline company must keep a record of the locations that are identified under section 7.

Marginal note:Duty to make records available

13 Every pipeline company that is required by these Regulations to keep records must make the records, and all other materials necessary to verify the information in those records, available to officers of the Regulator and other persons authorized by the Regulator for that purpose and must give the Regulator and other authorized persons any assistance necessary to inspect the records.

Marginal note:Lists

14 On the request of the Regulator, the pipeline company must provide the Regulator with

• (a) a list of every written consent granted for the purposes of section 12 of the Canadian Energy Regulator Pipeline Damage Prevention Regulations – Authorizations;

• (b) a list of every written consent granted by the pipeline company with respect to the construction of a facility or an activity that causes a ground disturbance and the information referred to in paragraphs 12(2)(a) to (c) with respect to the consent; and

• (c) a list of every permission granted by the pipeline company for the purposes of the National Energy Board Pipeline Crossing Regulations, Part I and the information referred to in paragraphs 11(2)(a) to (c) of the National Energy Board Pipeline Crossing Regulations, Part II with respect to the permission.

Guidelines

Marginal note:Request for consent

15 Every pipeline company must develop and maintain detailed guidelines setting out the technical and other information to be included in the requests for the written consent referred to in paragraph 7(1)(a) or 10(1)(a) of the Canadian Energy Regulator Pipeline Damage Prevention Regulations – Authorizations and must make those guidelines public.

Damage Prevention Program

Marginal note:Minimum content

16 The damage prevention program that a pipeline company is required to develop, implement and maintain under section 47.2 of the Canadian Energy Regulator Onshore Pipeline Regulations must include

• (a) an ongoing public awareness program to inform the public

  • (i) of the presence of a pipeline,

  • (ii) on how to work safely near a pipeline,

  • (iii) on how to report an unexpected situation related to a pipeline that could endanger life or cause substantial property or environmental damage that requires immediate action,

  • (iv) on how to report any contact with a pipe or its coating, whether or not the pipe was damaged,

  • (v) on how to report any damage to a pipe,

  • (vi) of the services of a one-call centre if one exists within the relevant geographical area,

  • (vii) on the necessity for authorization when constructing a facility across, on, along or under a pipeline, engaging in an activity that causes a ground disturbance within the prescribed area or operating vehicles or mobile equipment across a pipeline,

  • (viii) of the information to be provided in a request for the consent to construct a facility across, on, along or under a pipeline, to engage in an activity that causes a ground disturbance within the prescribed area or to operate a vehicle or mobile equipment across a pipeline, and

  • (ix) on the requirement to make a locate request and how to make a locate request in the relevant geographical area;

• (b) ongoing monitoring of any changes in the use of the land on which a pipeline is located and the land that is adjacent to that land;

• (c) ongoing monitoring of any change in the landowner of the land on which a pipeline is located;

• (d) a process to ensure a timely response to locate requests;

• (e) standards for locating a pipeline; and

• (f) a process for managing requests for the consent to construct a facility across, on, along or under a pipeline, to engage in an activity that causes a ground disturbance within the prescribed area or to operate a vehicle or mobile equipment across the pipeline.

Transitional Provisions

Marginal note:Section 11 – former Regulations

17 Section 11 of the National Energy Board Pipeline Crossing Regulations, Part II, as it read immediately before the day on which these Regulations come into force, continues to apply to any person to which that section applied.

Marginal note:Section 14 – former Regulations

18 Section 14 of the National Energy Board Pipeline Crossing Regulations, Part II, as it read immediately before the day on which these Regulations come into force, continues to apply with respect to the permissions referred to in sections 15 and 16 of Canadian Energy Regulator Pipeline Damage Prevention Regulations – Authorizations.

Application Prior to Publication

Marginal note:Statutory Instruments Act

19 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

20 [Repeal]

Coming into Force

Marginal note:

Footnote ^*21 These Regulations come into force on the first day on which both sections 15 and 34 of the Pipeline Safety Act are in 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.]