Administrative Monetary Penalties Regulations (National Energy Board) (SOR/2013-138)

Regulations are current to 2017-11-20 and last amended on 2016-06-19. Previous Versions

SCHEDULE 1(Subsections 2(1) and (4) and subsection 3(1))Violations

PART 1

National Energy Board Act

ItemColumn 1Column 2Column 3
ProvisionShort-form DescriptionClassification
129(1)Construction or operation of a pipeline by a person other than a companyType B
230(1)Operation of a pipeline without a certificate and leave to openType B
331(a)Construction of a pipeline without a certificateType B
431(c)Construction of a pipeline without an approved plan, profile and book of referenceType B
545(1)Failure to submit for approval a plan, profile and book of referenceType B
647(1)Opening a pipeline or section of pipeline for transmission without leaveType B
751Failure to provide assistanceType B
858.1Construction or operation of an international power line without a permit or certificateType B
958.26(a)Construction of an international or interprovincial power line without approval of a plan, profile and book of referenceType B
1058.29(1)Construction or operation of an interprovincial or international power line without leaveType B
1158.31(1)Construction of a facility or excavation without leaveType B
1258.31(2)Failure to obtain required leaveType B
1358.34(1)Abandonment of a designated international power line or interprovincial power line without leaveType B
1474(1)Failure to obtain required leaveType B
1575Failure to do as little damage as possible in exercising the powers granted and to compensate for damageType B
1681(1)Failure to obtain required leaveType B
17108(1)Construction of a pipeline without certificate or orderType B
18109Construction or operation of a pipeline without a certificate or orderType B
19112(1)Unauthorized construction of a facility or engaging in an unauthorized activity that causes a ground disturbance in a prescribed areaType B
20112(2)Operation of a vehicle or mobile equipment across a pipeline in contravention of subsection 112(2) of the ActType B

PART 2

National Energy Board Onshore Pipeline Regulations

ItemColumn 1Column 2Column 3
ProvisionShort-form DescriptionClassification
14Failure to ensure that a pipeline is designed, constructed, operated or abandoned as prescribedType B
25.1(1)Failure to submit prescribed documents for approvalType B
36Failure to design, construct, operate or abandon as prescribedType B
46.1Failure to establish, implement and maintain a management system as prescribedType B
56.2(1)Failure to appoint an accountable officer and to ensure that the management system is established, implemented and maintained as prescribedType B
66.2(2)Failure to notify the Board as prescribedType A
76.2(3)Failure to ensure that the accountable officer has authority as prescribedType B
86.3(1)Failure to establish policies and goals as prescribedType B
96.3(2)Failure to base the management system on established policies and goals as prescribedType B
106.3(3)Failure of the accountable officer to prepare and communicate a policy statement as prescribedType B
116.4Failure to have an organizational structure as prescribedType B
126.5Failure to establish, develop, implement, maintain and document processes as prescribedType B
136.6Failure to complete an annual report and submit a statement as prescribedType B
149Failure to develop detailed designs of a pipeline, and to submit them when requiredType B
1510(1)Failure to develop a documented risk assessment as prescribedType B
1610(2)Failure to submit a documented risk assessment to the Board when required to do soType A
1711Failure to design and equip a station as prescribedType B
1812Failure to equip a compressor station or pump station with an alternate source of power as prescribedType B
1913Failure to locate, service or design a storage facility as prescribedType B
2014Failure to develop prescribed specifications, and to submit them to the Board when requiredType B
2115Failure to develop a quality assurance program as prescribedType B
2216Failure to develop a joining program as prescribed, and to submit it to the Board when requiredType B
2317Failure to examine each joint as prescribedType B
2418Failure to contract for services as prescribedType B
2519(a)Failure to ensure that the construction activities do not create a hazard to the public or the environmentType B
2619(b)Failure to inform persons of safety practices and procedures as prescribedType B
2720(1)Failure to develop a construction safety manual and to submit it to the BoardType B
2820(1.1)Failure to set out responsibilities as prescribedType B
2920(2)Failure to keep a copy of the construction safety manual or relevant parts of it as prescribedType B
3021Failure to restore the right-of-way and temporary work areas of a pipeline as prescribedType B
3122Failure to ensure that there is no undue interference with the use of a utility or private road during the construction of a pipelineType B
3223Failure to develop a pressure testing program as prescribed, and to submit it to the Board when requiredType B
3324Conducting a pressure test without required permitsType B
3425Failure to perform pressure testing as prescribedType B
3526Failure to minimize the number of welds that are not pressure-tested as prescribedType B
3627Failure to develop, regularly review and update as required operation and maintenance manuals as prescribed and to submit them to the Board when requiredType B
3728Failure to inform persons of practices and procedures and to make available to them the relevant portion of operation and maintenance manuals as prescribedType B
3829Failure to contract for services as prescribedType B
3930(a)Failure to take reasonable steps to ensure that maintenance activities do not create a hazard to the public or the environmentType B
4030(b)Failure to take reasonable steps to inform persons of safety and environmental protection practices and procedures as prescribedType B
4131(1)Failure to develop a maintenance safety manual and to submit it to the Board when requiredType B
4231(1.1)Failure to set out responsibilities as prescribedType B
4331(2)Failure to keep a copy of the maintenance safety manual or the relevant parts of it as prescribedType B
4432(1)Failure to develop, implement and maintain an emergency management program as prescribedType B
4532(1.1)Failure to develop, regularly review and update an emergency procedures manualType B
4632(2)Failure to submit to the Board the emergency procedures manual and any updatesType A
4733Failure to establish and maintain liaison as prescribed, and failure to consult as prescribedType B
4834Failure to inform persons who may be associated with an emergency response activity as prescribedType B
4935Failure to develop a continuing education program as prescribedType B
5036(a)Failure to maintain communication facilities as prescribedType B
5136(b)Failure to periodically test instruments and equipment as prescribedType B
5236(c)Failure to continually record as prescribedType B
5336(d)Failure to clearly mark valves as prescribedType B
5436(e)Failure to clearly mark valves as prescribedType B
5536(f)Failure to post signage as prescribedType B
5637Failure to develop and implement a pipeline control system as prescribedType B
5738(1)Performing welding on a liquid-filled pipeline other than as prescribedType B
5838(2)Failure to treat weld as a temporary installation and replace that installation with a permanent one as soon as is practicableType B
5938(3)Failure to submit specifications, procedures and results for approval as prescribedType B
6039Failure to develop a surveillance and monitoring program as prescribedType B
6140Failure to develop, implement and maintain an integrity management program as prescribedType B
6241(1)Failure to document the particulars of a defect on a pipeline as prescribedType B
6341(2)Failure to submit the documentation in 41(1) when requiredType A
6442Failure to submit a proposed plan as prescribedType B
6543Failure to submit an application for a change or increase as prescribedType B
6644Failure to submit an application for proposed deactivation as prescribedType B
6745Failure to submit an application for reactivation as prescribedType B
6845.1Failure to submit an application for decommissioning as prescribedType B
6946Failure to develop and implement a training program as prescribedType B
7047Failure to develop, implement and maintain a safety management program as prescribedType B
7147.1Failure to develop, implement and maintain a security management program as prescribedType B
71.147.2Failure to develop, implement and maintain a damage prevention program as prescribedType B
7248Failure to develop, implement and maintain an environmental protection program as prescribedType B
7351(a)Failure to notify as prescribedType A
7451(b)Failure to submit to the Board on request a crossing report as prescribedType A
7552(1)Failure to notify and submit a report to the Board as prescribedType A
7653(1)Failure to conduct inspections and audits as prescribedType B
7753(2)Failure to document the audit as prescribedType B
7854(1)Failure to inspect the construction of a pipeline as prescribedType B
7954(2)Performance of an inspection by a person who does not have sufficient expertise, knowledge and training to competently carry out the inspectionType B
8055Failure to conduct and document audits as prescribedType B
8156Failure to retain records as prescribedType A

PART 3

National Energy Board Processing Plant Regulations

ItemColumn 1Column 2Column 3
ProvisionShort-form DescriptionClassification
14(1)Failure to ensure that the company’s processing plant is designed, constructed, operated or abandoned as prescribedType B
25Failure to ensure that the company’s processing plant is designed, constructed, operated or abandoned as prescribedType B
39Failure to develop and submit to the Board the prescribed programType B
410Failure to develop, implement and maintain quality control and quality assurance programs as prescribedType B
511Failure to conduct a risk analysis as prescribedType B
612Failure to ensure that employees have required knowledge and trainingType B
713Failure to develop and implement a safety program as prescribedType B
814Failure to develop and implement an environmental protection program as prescribedType B
915Failure to contract for services as prescribedType B
1016Failure to develop, implement and maintain detailed designs of its processing plantType B
1117Failure to ensure that a processing plant is equipped with an emergency power sourceType B
1218Failure to ensure that each tank, bullet, sphere or other container is designed, constructed and maintained as prescribedType B
1319Failure to ensure that process equipment and flammable vapour sources are separated as prescribedType B
1420Failure to ensure that process vessels and equipment are vented as prescribedType B
1521Failure to equip all flare headers as prescribedType B
1622Failure to ensure reliable fire suppression systems as prescribedType B
1723Failure to equip a processing plant with systems as prescribedType B
1824Failure to equip a processing plant with alarm devices as prescribedType B
1925Failure to ensure that all pressure-relief piping and systems are designed and constructed as prescribedType B
2026(a)Failure to ensure construction does not create a detriment or hazard as prescribedType B
2126(b)Failure to inform persons at the construction site as prescribedType B
2226(c)Failure to inform persons on the work site as prescribedType B
2327(1)Failure to develop, implement and submit a construction safety manualType B
2427(2)Failure to keep a copy of the construction safety manual at the processing plant as prescribedType B
2528(1)Failure to ensure direct supervision of pressure tests as prescribedType B
2628(2)Failure to ensure the independence of the test supervisor as prescribedType B
2728(3)Failure to date and sign recordsType B
2829Failure of the company to develop and implement a non-destructive weld examination program as prescribedType B
2930(1)(a)Failure to develop, implement, regularly review and update operations manuals as prescribedType B
3030(1)(b)Failure to keep a copy of the operations manuals as prescribedType B
3130(2)Failure to ensure that the operations manuals contain the prescribed proceduresType B
3231(2)Failure to develop and implement a safe-work permit system as prescribedType B
3332Failure to ensure that a processing plant is staffed as prescribedType B
3433(a)Failure to ensure maintenance activities do not create a detriment or hazard as prescribedType B
3533(b)Failure to inform persons at a maintenance site as prescribedType B
3634Operation of equipment with a hazard-detection alarm or shutdown device bypassed or rendered inoperableType B
3735(a)Failure to develop, implement, regularly review and update an emergency procedures manualType B
3835(b)Failure to submit the emergency procedures manual as prescribedType A
3935(c)Failure to submit updates as prescribedType A
4036Failure to establish and maintain liaison as prescribed and failure to consult as prescribedType B
4137Failure to inform persons who may be associated with an emergency response activity as prescribedType B
4238Failure to develop and implement a continuing educational program as prescribedType B
4339(a)Failure to maintain communication facilities as prescribedType B
4439(b)Failure to retain incident data as prescribedType B
4539(c)Failure to clearly mark valves as prescribedType B
4639(d)Failure to post signage as prescribedType B
4739(e)Failure to post signage as prescribedType B
4840(a)Failure to test hazard-detection devices as prescribedType B
4940(b)Failure to document and maintain prescribed recordsType B
5041Failure to develop and implement a processing plant integrity program as prescribedType B
5142Failure to notify of plant deactivation as prescribedType A
5243.1Failure to submit an application for decommissioning as prescribedType B
5344Failure to develop and implement a training program as prescribedType B
5445Failure to ensure visitors are made familiar with the safety program as prescribedType B
5546Failure to provide immediate notice of any incident and to submit prescribed reportsType B
5647(a)Failure to notify of any hazard as prescribedType A
5747(b)Failure to provide a report as prescribedType B
5848Failure to report burning as prescribedType A
5949(1.1)Failure to notify as prescribedType A
6050Failure to prepare and keep current a report as prescribedType B
6151Failure to regularly conduct balance analysis as prescribedType B
6252(1)Failure to conduct audits and inspections as prescribedType B
6352(2)Failure to document an audit as prescribedType B
6453Failure to inspect as prescribedType B
6554Failure to annually audit the competency of all employees as prescribedType B
6655Failure to develop, implement and maintain a record retention and handling programType A

PART 4

National Energy Board Pipeline Damage Prevention Regulations — Authorizations

ItemColumn 1Column 2Column 3
ProvisionShort-form DescriptionClassification
13Failure to make a locate request as prescribedType B
24Failure to inform all persons as prescribedType A
37(3)Failure to comply with any of the prescribed measures when undertaking the construction of a facilityType B
48Failure to meet any of the obligations that relate to a facilityType B
59(2)Failure to comply with any of the prescribed measures with respect to the construction of an overhead lineType B
610(3)Failure to comply with any of the prescribed measures with respect to an activity that causes a ground disturbance within the prescribed areaType B

PART 5

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

ItemColumn 1Column 2Column 3
ProvisionShort-form DescriptionClassification
12Failure to be a member of a one-call centre when one exists within the geographical area where the pipeline company operates its pipelineType B
23(1)Failure to inform the person that made a request within 10 working days after receiving a requestType A
34Failure to provide information and all reasonable assistance as prescribedType B
45Failure to send comments to the Board as prescribedType A
56(1)(a)Failure to inform, in writing, as prescribedType B
66(1)(b)Failure to mark location of a pipe as prescribedType B
76(1)(c)Failure to provide information as prescribedType B
87Failure to identify and notify of locations as prescribedType B
98(a)Failure to carry out inspections that are necessary as prescribedType B
108(b)Failure to inspect all exposed pipe prior to backfilling as prescribedType B
119(1)Failure to notify the facility’s owner in writing of any deterioration as prescribedType B
129(2)Failure to notify the Board in writing as prescribedType A
1310(2)Failure to notify the Board in writing of a suspension of consentType A
1411Failure to report to the Board as prescribedType A
1512Failure to keep records as prescribedType A
1613Failure 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 prescribedType B
1714Failure to provide a list as prescribedType A
1815Failure to develop and maintain guidelines as prescribed and to make them publicType B

PART 6

Power Line Crossing Regulations

ItemColumn 1Column 2Column 3
ProvisionShort-form DescriptionClassification
13Failure to construct a facility or excavate as prescribed or failure to obtain leaveType B
24Failure to construct a power line as prescribed or failure to obtain leaveType B
  • SOR/2016-135, ss. 1 to 3.
 
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