Canada Gazette, Part I, Volume 150, Number 12: Regulations Amending the Administrative Monetary Penalties Regulations (National Energy Board)

March 19, 2016

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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