Marginal note:Approval under Navigable Waters Protection Act
- R.S., 1985, c. N-7, s. 109;
- 1990, c. 7, s. 27.
Marginal note:Construction without leave prohibited
110. Except as provided in section 108, a pipeline shall not be constructed as described in subsection 108(2) without leave of the appropriate authority under section 108.
- R.S., c. N-6, s. 76.
Marginal note:If pipeline affixed to any real property or immovables
111. Despite this Act or any other general or Special Act or law to the contrary, if the pipeline of a company or any part of that pipeline has been affixed to any real property or immovable in accordance with leave obtained from the appropriate authority as provided in subsection 108(2) or (6) or without leave under subsection 108(5),
(a) the pipeline or that part of it remains subject to the rights of the company and remains the property of the company as fully as it was before being so affixed and does not become part of the real property or immovable of any person other than the company unless otherwise agreed by the company in writing and unless notice of the agreement in writing has been filed with the Secretary; and
(b) subject to the provisions of this Act, the company may create a lien, mortgage, charge or other security, or the company may constitute a hypothec, on the pipeline or on that part of it.
- R.S., 1985, c. N-7, s. 111;
- 2001, c. 4, s. 105;
- 2004, c. 25, s. 161.
Marginal note:Construction of facilities across pipelines
112. (1) Subject to subsection (5), no person shall, unless leave is first obtained from the Board, construct a facility across, on, along or under a pipeline or excavate using power-operated equipment or explosives within thirty metres of a pipeline.
Marginal note:Use of vehicles and mobile equipment
(2) Subject to subsection (5), no person shall operate a vehicle or mobile equipment across a pipeline unless leave is first obtained from the company or the vehicle or mobile equipment is operated within the travelled portion of a highway or public road.
Marginal note:Terms and conditions
(3) The Board may, on granting an application for leave under this section, impose such terms and conditions as it considers proper.
(4) The Board may direct the owner of a facility constructed across, on, along or under a pipeline in contravention of this Act or the Board’s orders or regulations to do such things as the Board considers necessary for the safety or security of the pipeline and may, if the Board considers that the facility may impair the safety or security of the operation of the pipeline, direct the owner to reconstruct, alter or remove the facility.
(5) The Board may make orders or regulations governing
(a) the design, construction, operation and abandonment of facilities constructed across, on, along or under pipelines;
(b) the measures to be taken by any person in relation to
(i) the construction of facilities across, on, along or under pipelines,
(ii) the construction of pipelines across, on, along or under facilities, other than railways, and
(iii) excavations within thirty metres of a pipeline; and
(c) the circumstances in which or conditions under which leave under subsection (1) or (2) is not necessary.
Marginal note:Temporary prohibition on excavating
(5.1) Without limiting the generality of paragraph (5)(c), orders or regulations made under that paragraph may provide for the prohibiting of excavations in an area situated in the vicinity of a pipeline, which area may extend beyond thirty metres of the pipeline, during the period that starts when a request is made to a pipeline company to locate its pipeline and ends
(a) at the end of the third working day after the day on which the request is made; or
(b) at any later time that is agreed to between the pipeline company and the person making the request.
(6) The Board may, by order made on any terms and conditions that the Board considers appropriate, exempt any person from the application of an order or regulation made under subsection (5).
Marginal note:Inspection officers
(7) The provisions of sections 49 to 51.3 relating to inspection officers apply for the purpose of ensuring compliance with orders and regulations made under subsection (5).
(8) Every person who contravenes subsection (1) or (2), a direction made under subsection (4) or an order or regulation made under subsection (5) is guilty of an offence and liable
(a) on summary conviction, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding one year or to both; or
(b) on conviction on indictment, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years or to both.
Marginal note:Application of subsections 121(2) to (5)
(9) Subsections 121(2) to (5) apply, with any modifications that the circumstances require, to an offence under subsection (8).
- R.S., 1985, c. N-7, s. 112;
- 1990, c. 7, s. 28;
- 1994, c. 10, s. 26;
- 1999, c. 31, s. 167;
- 2004, c. 15, s. 91;
- 2012, c. 19, s. 92.
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