Pipeline Safety Act (S.C. 2015, c. 21)
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Assented to 2015-06-18
R.S., c. N-7NATIONAL ENERGY BOARD ACT
Marginal note:1994, c. 10, s. 25(E); 2004, c. 15, s. 85
17. (1) Paragraphs 49(1)(b.1) to (d) of the Act are replaced by the following:
(b.1) the safety and security of pipelines and abandoned pipelines;
(c) compliance with this Part and Part III.1, any orders made, or permits and certificates issued, by the Board under those Parts and any regulations made under section 48; and
(d) compliance with section 112 and any orders and regulations made under section 58.33 or 112.
Marginal note:1994, c. 10, s. 25
(2) Subparagraphs 49(2)(a)(i) and (ii) of the Act are replaced by the following:
(i) any lands or pipeline, including a pipeline that is under construction, or any abandoned pipeline,
(ii) any ground disturbance within the area prescribed under subsection 112(5), and
Marginal note:1994, c. 10, s. 25
(3) Paragraphs 49(2)(b) and (c) of the Act are replaced by the following:
(b) direct a company or person whose activity causes a ground disturbance or who is constructing a facility described in paragraph (a)
(i) to perform any tests that the inspection officer considers necessary for an inspection, and
(ii) to provide information orally or in writing; and
(c) examine and make copies of any information contained in any books, records or documents, or in any computer systems, that the inspector believes on reasonable grounds contain any information relating to the design, construction, operation, maintenance or abandonment of a pipeline or to the maintenance of an abandoned pipeline.
(4) Section 49 of the Act is amended by adding the following after subsection (2):
Marginal note:Compliance audit
(3) For greater certainty, the powers set out in subsection (2) include the power to conduct a compliance audit.
Marginal note:1994, c. 10, s. 25; 2004, c. 25, s. 150(E)
18. Section 51 of the Act is replaced by the following:
Marginal note:Assistance to officers
51. Any officer, employee, agent or mandatary of a company and any person whose activity causes a ground disturbance or who is constructing a facility described in paragraph 49(2)(a) shall give an inspection officer all reasonable assistance to enable the officer to carry out their duties under this Part.
Marginal note:1994, c. 10, s. 25
19. (1) Subsection 51.1(1) of the Act is amended by striking out “or” at the end of paragraph (a) and by replacing paragraph (b) with the following:
(a.1) an abandoned pipeline or any part of it; or
(b) a ground disturbance or the construction of a facility described in paragraph 49(2)(a).
Marginal note:1994, c. 10, s. 25
(2) The portion of paragraph 51.1(2)(a) of the Act before subparagraph (i) is replaced by the following:
(a) work associated with the pipeline, abandoned pipeline, ground disturbance or facility to be suspended until
Marginal note:1994, c. 10, s. 25; 2004, c. 15, s. 86(2)(E)
(3) Paragraph 51.1(2)(b) of the Act is replaced by the following:
(b) the company, any person taking any action or measure with respect to the pipeline or the abandoned pipeline, any person responsible for the ground disturbance or any person involved in the construction of the facility to take any measure specified in the order to ensure the safety or security of the public or of employees of the company or to protect property or the environment.
Marginal note:2012, c. 19, s. 86
20. The portion of subsection 58.27(1) of the Act before paragraph (b) is replaced by the following:
Marginal note:Application of certain provisions
58.27 (1) Sections 32 to 45 and 48 to 51.3 and Part V, except sections 74, 76 to 78, 108 to 111.3, 112, 114 and 115, apply in respect of international and interprovincial power lines referred to in section 58.24 as if each reference in any of those provisions to
(a) a “company” were a reference to the applicant for or holder of the permit or certificate issued in respect of the line;
Marginal note:2012, c. 19, s. 86
21. The portion of section 58.271 of the Act before paragraph (b) is replaced by the following:
Marginal note:Application of certain provisions
58.271 Sections 32 to 45 and 48 to 51.3 and Part V, except sections 74, 76 to 78, 108 to 111.3, 112, 114 and 115, apply in respect of international power lines in respect of which a certificate was issued before June 1, 1990, or an order was made under subsection 58(2) as that subsection read before that date, as if each reference in any of those provisions to
(a) a “company” were a reference to the applicant for or holder of the certificate issued in respect of the line or the person who operates the line in respect of which the order was made;
22. The Act is amended by adding the following after section 58.271:
Marginal note:Exception
58.272 For the purposes of sections 58.27 and 58.271, in the provisions referred to in those sections, a reference to an “abandoned pipeline” is not a reference to an abandoned international or interprovincial power line.
23. The Act is amended by adding the following after section 58.33:
Marginal note:Temporary prohibition on excavating
58.331 (1) Without limiting the generality of paragraph 58.33(c), orders or regulations made under that paragraph may provide for the prohibition of excavations in an area that may extend beyond 30 m of an international or interprovincial power line during the period that starts on the day on which a request to locate the line is made to the holder of the permit or certificate issued in respect of the line 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 holder and the person making the request.
Marginal note:Exemptions
(2) 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 section 58.33.
Marginal note:Inspection officers
(3) The provisions of sections 49 to 51.3 relating to inspection officers apply for the purpose of ensuring compliance with section 58.31 and orders and regulations made under section 58.33 as if each reference in any of those provisions to
(a) a “pipeline” were a reference to an international or interprovincial power line;
(b) a “company” were a reference to the holder of a permit or certificate issued in respect of an international or interprovincial power line or the person who operates an international or interprovincial power line in respect of which an order was made under subsection 58(2) as that section read before June 1, 1990;
(c) a “ground disturbance” were a reference to an excavation activity;
(d) “within the area prescribed under subsection 112(5)” were a reference to within 30 m of the line; and
(e) “whose activity causes a ground disturbance” were a reference to conducting an excavation activity.
Marginal note:Exception
(4) For the purposes of subsection (3), in the provisions referred to in that subsection, a reference to an “abandoned pipeline” is not a reference to an abandoned international or interprovincial power line.
Marginal note:Offence
(5) Every person who contravenes subsection 58.31(1) or (2), a direction made under subsection 58.31(4) or an order or regulation made under section 58.33 is guilty of an offence and liable
(a) on conviction on indictment, to a fine of not more than one million dollars or to imprisonment for a term of not more than five years or to both; or
(b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or to both.
Marginal note:Application of subsections 121(2) to (5)
(6) Subsections 121(2) to (5) apply, with any modifications that the circumstances require, to an offence under subsection (5).
Marginal note:2004, c. 25, s. 154
24. (1) Paragraph 73(b) of the Act is replaced by the following:
(b) purchase, take and hold of and from any person any land or other property necessary for the construction, maintenance, operation and abandonment of its pipeline, or the maintenance of its abandoned pipeline, and sell or otherwise dispose of any of its land or property that has become unnecessary for the purpose of the pipeline or the abandoned pipeline;
(2) Paragraph 73(e) of the Act is replaced by the following:
(e) construct, erect and maintain all necessary and convenient roads, buildings, houses, stations, depots, wharves, docks and other structures, and construct, purchase and acquire machinery and other apparatus necessary for the construction, maintenance, operation and abandonment of its pipeline or the maintenance of its abandoned pipeline;
(3) Paragraph 73(i) of the Act is replaced by the following:
(i) do all other acts necessary for the construction, maintenance, operation and abandonment of its pipeline or the maintenance of its abandoned pipeline.
25. Section 74 of the Act is amended by adding the following after subsection (2):
Marginal note:Terms and conditions — abandonment
(2.1) The Board may, on granting leave to abandon the operation of a pipeline, impose any terms and conditions that it considers proper.
26. (1) The portion of section 84 of the Act before paragraph (a) is replaced by the following:
Marginal note:Application restricted
84. The provisions of this Part that provide negotiation and arbitration procedures to determine compensation matters apply in respect of all damage caused by the pipeline or abandoned pipeline or anything carried by the pipeline but do not apply to
(2) Subparagraph 84(a)(i) of the Act is replaced by the following:
(i) the acquisition of lands for a pipeline or abandoned pipeline,
(3) Subparagraph 84(a)(ii) of the French version of the Act is replaced by the following:
(ii) construction du pipeline,
(4) Subparagraph 84(a)(iii) of the Act is replaced by the following:
(iii) the inspection, maintenance or repair of the pipeline or abandoned pipeline;
Marginal note:2001, c. 4, s. 104
27. Paragraphs 86(2)(c) and (d) of the Act are replaced by the following:
(c) compensation for damages caused by the company’s operations, pipelines or abandoned pipelines;
(d) indemnification from all liabilities, damages, claims, suits and actions resulting from the company’s operations, pipelines or abandoned pipelines, other than liabilities, damages, claims, suits and actions resulting from
(i) in the Province of Quebec, the gross or intentional fault of the owner of the lands, and
(ii) anywhere else in Canada, the gross negligence or wilful misconduct of the owner of the lands;
28. Subsection 88(1) of the Act is replaced by the following:
Marginal note:Request for negotiations
88. (1) If a company and an owner of lands have not agreed on the amount of compensation payable under this Act for the acquisition of lands or for damages caused by the company’s operations, pipelines or abandoned pipelines, or on any issue related to that compensation, the company or the owner may serve notice of negotiation on the other of them and on the Minister requesting that the matter be negotiated under subsection (3).
29. Subsection 90(2) of the Act is replaced by the following:
Marginal note:If subsequent disputes not settled
(2) If a company and a person who has had an award of compensation made in their favour or has entered into an agreement respecting compensation with the company are unable to settle any claim for damages caused by the company’s operations, pipelines or abandoned pipelines, or any matter respecting the compensation payable if annual or other periodic payments have been selected, the company or the person may serve notice of arbitration on the other of them and on the Minister requesting that the matter be determined by arbitration.
30. (1) The portion of subsection 91(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Duties of Minister
91. (1) Within six months from the day on which the Minister is served with a notice of arbitration under this Part, the Minister shall,
(2) Paragraphs 91(1)(a) and (b) of the English version of the Act are replaced by the following:
(a) if an Arbitration Committee exists to deal with the matter referred to in the notice, serve the notice on that Committee; or
(b) if no Arbitration Committee exists to deal with the matter, appoint an Arbitration Committee and serve the notice on that Committee.
31. The Act is amended by adding the following after section 91:
Marginal note:Replacing member
91.1 (1) If a member of an Arbitration Committee becomes incapacitated, resigns or dies, resulting in the loss of quorum, the Minister may appoint a replacement for that member.
Marginal note:Effects of replacing member
(2) If a replacement is appointed under subsection (1) to replace a member,
(a) evidence and representations received by the Arbitration Committee before the replacement was appointed are considered to have been received after the replacement was appointed; and
(b) the Arbitration Committee is bound by every decision that it made before the replacement was appointed unless it elects to review, vary or rescind a decision.
32. Subsection 93(5) of the Act is replaced by the following:
Marginal note:Written decisions
(5) An Arbitration Committee shall render its decision and the reasons for it in writing within six months from the day on which it concludes a hearing.
Marginal note:Continuation of obligation
(6) A failure by an Arbitration Committee to comply with subsection (5) within the required time limit does not affect its obligation to render the decision, and anything done by it in relation to that decision remains valid.
33. The Act is amended by adding the following after section 95:
Marginal note:Limitation period or prescription
95.1 (1) An Arbitration Committee shall conclude a hearing within 18 months from the day on which it is served with a notice of arbitration that is, in its opinion, complete.
Marginal note:Continuation of jurisdiction
(2) A failure by an Arbitration Committee to comply with subsection (1) within the required time limit does not affect its jurisdiction to deal with the matter referred to in the notice, and anything done by it in relation to that matter remains valid.
Marginal note:1990, c. 7, s. 28
34. (1) Subsections 112(1) to (3) of the Act are replaced by the following:
Marginal note:Prohibition — construction or ground disturbance
112. (1) It is prohibited for any person to construct a facility across, on, along or under a pipeline or engage in an activity that causes a ground disturbance within the prescribed area unless the construction or activity is authorized by the orders or regulations made under subsection (5) and done in accordance with them.
Marginal note:Prohibition — vehicles and mobile equipment
(2) It is prohibited for any person to operate a vehicle or mobile equipment across a pipeline unless
(a) that operation is authorized by the orders or regulations made under subsection (5) and done in accordance with them; or
(b) the vehicle or mobile equipment is operated within the travelled portion of a highway or public road.
Marginal note:1990, c. 7, s. 28; 2012, c. 19, s. 92(1)
(2) Subsection 112(5) of the Act is replaced by the following:
Marginal note:Regulations and orders
(5) The Board may make orders or regulations
(a) governing the design, construction, operation and abandonment of facilities constructed across, on, along or under pipelines;
(a.1) prescribing the area for the purposes of subsection (1);
(a.2) authorizing the construction of facilities across, on, along or under pipelines;
(a.3) authorizing ground disturbances within the prescribed area;
(b) governing the measures to be taken 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) ground disturbances within the prescribed area;
(c) authorizing the operation of vehicles or mobile equipment across a pipeline and governing the measures to be taken in relation to that operation; and
(d) specifying activities for the purposes of paragraph (a) of the definition “ground disturbance” in section 2.
Marginal note:1999, c. 31, s. 167
(3) The portion of subsection 112(5.1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Temporary prohibition on ground disturbances
(5.1) Orders or regulations made under subsection (5) may provide for the prohibition of ground disturbances in an area that is situated in the vicinity of a pipeline and that may extend beyond the prescribed area during the period that starts when a request is made to a pipeline company to locate its pipeline and ends
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