Vol. 150, No. 12 — March 19, 2016

Regulations Amending the Administrative Monetary Penalties Regulations (National Energy Board)

Statutory authority

National Energy Board Act

Sponsoring agency

National Energy Board

REGULATORY IMPACT ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see the National Energy Board Pipeline Damage Prevention Regulations – Authorizations.

PROPOSED REGULATORY TEXT

Notice is given that the National Energy Board, pursuant to section 134 (see footnote a) of the National Energy Board Act (see footnote b), proposes to make the annexed Regulations Amending the Administrative Monetary Penalties Regulations (National Energy Board).

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Chantal Briand, Regulatory Approaches, National Energy Board, 517 Tenth Avenue SW Calgary, AB, T2R 0A8 (Toll free tel. in Canada: 1-800-899-1265; fax: 403-299-5503; Toll free fax in Canada: 1-877-288-8803; email: damagepreventionregs@neb-one.gc.ca).

Ottawa, March 10, 2016

Jurica Čapkun
Assistant Clerk of the Privy Council

Regulations Amending the Administrative Monetary Penalties Regulations (National Energy Board)

Amendments

1 The portion of items 19 and 20 of Part 1 of Schedule 1 to the Administrative Monetary Penalties Regulations (National Energy Board) (see footnote 1) in column 2 is replaced by the following:

Item

Column 2

Short-form Description

19

Unauthorized construction of a facility or engaging in an unauthorized activity that causes a ground disturbance in a prescribed area

20

Operation of a vehicle or mobile equipment across a pipeline in contravention of subsection 112(2) of the Act

2 Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 71:

Item

Column 1

Provision

Column 2

Short-form Description

Column 3

Classification

71.1

47.2

Failure to develop, implement and maintain a damage prevention program as prescribed

Type B

3 Parts 4 and 5 of Schedule 1 to the Regulations are replaced by the following:

PART 4

National Energy Board Pipeline Damage Prevention Regulations — Authorizations

Item

Column 1

Provision

Column 2

Short-form Description

Column 3

Classification

1

3

Failure to make a locate request as prescribed

Type B

2

4

Failure to inform all persons as prescribed

Type A

3

7(3)

Failure to comply with any of the prescribed measures when undertaking the construction of a facility

Type B

4

8

Failure to meet any of the obligations that relate to a facility

Type B

5

9(2)

Failure to comply with any of the prescribed measures with respect to the construction of an overhead line

Type B

6

10(3)

Failure to comply with any of the prescribed measures with respect to an activity that causes a ground disturbance within the prescribed area

Type B

PART 5

National Energy Board Pipeline Damage Prevention Regulations — Obligations of Pipeline Companies

Item

Column 1

Provision

Column 2

Short-form Description

Column 3

Classification

1

2

Failure to be a member of a one-call centre when one exists within the geographical area where the pipeline company operates its pipeline

Type B

2

3(1)

Failure to inform the person that made a request within 10 working days after receiving a request

Type A

3

4

Failure to provide information and all reasonable assistance as prescribed

Type B

4

5

Failure to send comments to the Board as prescribed

Type A

5

6(1)(a)

Failure to inform, in writing, as prescribed

Type B

6

6(1)(b)

Failure to mark location of a pipe as prescribed

Type B

7

6(1)(c)

Failure to provide information as prescribed

Type B

8

7

Failure to identify and notify of locations as prescribed

Type B

9

8(a)

Failure to carry out inspections that are necessary as prescribed

Type B

10

8(b)

Failure to inspect all exposed pipe prior to backfilling as prescribed

Type B

11

9(1)

Failure to make any inspections that are necessary to ensure that any deterioration of a facility is detected or to notify the facility’s owner in writing of any deterioration as prescribed

Type B

12

9(2)

Failure to notify the Board in writing as prescribed

Type A

13

10(2)

Failure to notify the Board in writing of a suspension of consent

Type A

14

11

Failure to report to the Board as prescribed

Type A

15

12

Failure to keep records as prescribed

Type A

16

13

Failure to make records and all other materials available to officers of the Board and other authorized persons and give them assistance as necessary to inspect the records as prescribed

Type B

17

14

Failure to provide a list as prescribed

Type A

18

15

Failure to develop and maintain guidelines as prescribed and to make them public

Type B

Application Prior to Publication

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

Coming into Force

5 These Regulations come into force on the day on which section 34 of the Pipeline Safety Act, chapter 21 of the Statutes of Canada, 2015, comes into force but if they are registered after that day, they come into force on the day on which they are registered.

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