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Canadian Energy Regulator Processing Plant Regulations (SOR/2003-39)

Regulations are current to 2020-11-17 and last amended on 2020-03-16. Previous Versions

Canadian Energy Regulator Processing Plant Regulations

SOR/2003-39

NATIONAL ENERGY BOARD ACT

Registration 2003-01-30

Canadian Energy Regulator Processing Plant Regulations

P.C. 2003-70  2003-01-30

The National Energy Board, pursuant to subsection 48(2) of the National Energy Board Act, hereby makes the annexed National Energy Board Processing Plant Regulations.

Calgary, Alberta, December 20, 2002

Her Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to subsection 48(2) of the National Energy Board Act, hereby approves the annexed National Energy Board Processing Plant Regulations, made by the National Energy Board.

Interpretation

 The definitions in this section apply in these Regulations.

abandon

abandon means to permanently cease operation such that the cessation results in the discontinuance of service. (cessation d’exploitation)

Act

Act means the Canadian Energy Regulator Act. (Loi)

Commission

Commission means the Commission referred to in subsection 26(1) of the Act. (Commission)

construction

construction includes clearing or grading. (construction)

deactivate

deactivate means to remove temporarily from service. (désactivation)

decommission

decommission means to permanently cease operation such that the cessation does not result in the discontinuance of service. (désaffectation)

environment

environment means the components of the Earth and includes

  • (a) air, land and water;

  • (b) all layers of the atmosphere;

  • (c) all organic and inorganic matter and living organisms; and

  • (d) the interacting natural systems that include components referred to in paragraphs (a) to (c). (environnement)

incident

incident means an occurrence that results or could result in a significant adverse effect on property, the environment or the safety of persons. (incident)

operate

operate includes repair, maintain, deactivate, reactivate and decommission. (exploitation)

pressure piping

pressure piping means an assembly of pipes, pipe fittings, valves, safety devices, pumps, compressors and other equipment that is designed for the transport of fluids and is connected to a boiler or pressure vessel. (tuyauterie sous pression)

pressure vessel

pressure vessel means a vessel that is designed for the containment of fluids at internal gauge pressures of more than 103 kPa, has an internal volume of more than 42.5 L and has an internal diameter of more than

  • (a) 152 mm, if it is not in water service; or

  • (b) 610 mm, if it is in water service. (appareil sous pression)

processing plant

processing plant means a plant used for the processing, extraction or conversion of fluids and all structures located within the boundaries of the plant, including compressors and other structures integral to the transportation of fluids. (usine de traitement)

release

release includes discharge, spray, spill, leak, seep, pour, emit, dump and exhaust. (rejet)

  • SOR/2008-270, s. 1
  • SOR/2013-17, s. 1
  • SOR/2020-50, s. 32

Application

  •  (1) These Regulations apply in respect of hydrocarbon processing plants that fall within the definition of “pipeline” in section 2 of the Act.

  • (2) These Regulations do not apply in respect of

    • (a) well-site facilities; or

    • (b) field facilities.

 The duties imposed on a company under these Regulations are duties in respect of a processing plant that is designed, constructed, operated or abandoned by the company.

PART 1General

  • SOR/2013-17, s. 2

 A company shall ensure that its processing plant is designed, constructed, operated or abandoned in accordance with the designs, specifications, programs, manuals, procedures, measures and plans developed and implemented by the company in accordance with these Regulations.

 If a company is required by these Regulations to develop a design, specification, program, manual, procedure, measure or plan, the Commission may order amendments to it if they are necessary for safety or environmental reasons or in the public interest.

  • SOR/2013-17, s. 3(E)
  • SOR/2020-50, s. 35

 The Commission may order a company to submit to the Commission within a specified period a design, specification, program, manual, procedure, measure, plan or document if

  • (a) the company makes an application to the Commission under Part 3 or 6 of the Act; or

  • (b) the Commission receives any information that the design, construction, operation or abandonment of the company’s processing plant, or a part of it, is or may cause

    • (i) a detriment to property or to the environment; or

    • (ii) a hazard to the safety of persons.

  • SOR/2020-50, s. 33
  • SOR/2020-50, s. 35

 [Repealed, SOR/2013-17, s. 4]

  •  (1) A company shall develop a program for the design, construction, operation and abandonment of pressure vessels and pressure piping at its processing plant and shall submit the program to the Regulator prior to implementation.

  • (2) [Repealed, SOR/2013-17, s. 5]

  • SOR/2013-17, s. 5
  • SOR/2020-50, s. 36

 A company shall develop, implement and maintain quality control and quality assurance programs in respect of the design, construction, operation and abandonment of its processing plant.

 A company shall conduct a risk analysis to determine the spatial separation of sources of ignition from any possible source of flammable vapours.

 A company shall ensure that its employees at its processing plant have the knowledge and training appropriate to the tasks to which they are assigned.

 A company shall develop and implement a safety program to anticipate, prevent, manage and mitigate potentially dangerous conditions and exposure to those conditions during all construction, operations and emergency activities.

 A company shall develop and implement an environmental protection program to anticipate, prevent, manage and mitigate conditions that have a potential to affect the environment significantly and adversely.

  •  (1) If a company contracts for the provision of services in respect of the construction, operation or abandonment of its processing plant, the company shall

    • (a) inform the contractor of all conditions or features that are special to the construction, operation or abandonment;

    • (b) inform the contractor of all special safety practices and procedures to be followed as a result of those conditions or features;

    • (c) take all reasonable steps to ensure that the construction, operation or abandonment activities are conducted in accordance with the manuals developed under sections 27 and 30; and

    • (d) authorize a person to halt a construction, operation or abandonment activity in circumstances where, in the person’s judgment, the construction, operation or abandonment activity is not being conducted in accordance with the manuals developed under sections 27 and 30 or is creating a hazard to the safety of anyone at the construction, operation or abandonment site.

  • (2) The company shall ensure that the person it authorizes under paragraph (1)(d) has sufficient expertise, knowledge and training to carry out competently the obligations set out in that paragraph.

  • SOR/2013-17, s. 6(F)
 
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