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.
1 The definitions in this section apply in these Regulations.
abandon means to permanently cease operation such that the cessation results in the discontinuance of service. (cessation d’exploitation)
Act means the Canadian Energy Regulator Act. (Loi)
Commission means the Commission referred to in subsection 26(1) of the Act. (Commission)
construction includes clearing or grading. (construction)
deactivate means to remove temporarily from service. (désactivation)
decommission means to permanently cease operation such that the cessation does not result in the discontinuance of service. (désaffectation)
environment means the components of the Earth and includes
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 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
- 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 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
(2) These Regulations do not apply in respect of
3 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.
- SOR/2013-17, s. 2
5 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.
6 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
7 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
- SOR/2020-50, s. 33
- SOR/2020-50, s. 35
8 [Repealed, SOR/2013-17, s. 4]
9 (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
10 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.
11 A company shall conduct a risk analysis to determine the spatial separation of sources of ignition from any possible source of flammable vapours.
12 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.
13 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.
14 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.
(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)
- Date modified: