International and Interprovincial Power Line Damage Prevention Regulations — Authorizations (SOR/2019-347)

The Canadian Energy Regulator, pursuant to subsections 272(4) and 275(2) of the Canadian Energy Regulator ActFootnote ^a makes the annexed International and Interprovincial Power Line Damage Prevention Regulations — Authorizations.

• Return to footnote ^aS.C. 2019, c. 28, s. 10

Calgary, November 25, 2019

La chef du personnel et secrétaire générale de la Régie canadienne de l’énergie, Katherine Murphy Chief of Staff and Corporate Secretary, Canadian Energy Regulator

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Canadian Energy Regulator Act. (Loi)

  authorization

  authorization means an authorization referred to in paragraph 275(3)(b) of the Act. (autorisation)

  holder

  holder means the holder of a permit or certificate issued under Part 4 of the Act in respect of an international or interprovincial power line. (titulaire)

  international or interprovincial power line

  international or interprovincial power line means a facility referred to in subsection 271(1) of the Act. (ligne internationale ou interprovinciale)

  working day

  working day means any day that is not a Saturday or a holiday. (jour ouvrable)

• Marginal note:Interpretation of Documents

  (2) In these Regulations, if a document that is available in both official languages is incorporated by reference as amended from time to time, any amendment to that document is incorporated only when the amendment is available in both official languages.

Prescribed Area

Marginal note:Prescribed area

• 2 (1) For the purposes of subsection 273(1) of the Act, the prescribed area means the strip of land on which an international or interprovincial power line is located and that corresponds to the right of way of that line.

• Marginal note:Right of way

  (2) The right of way is the land registered or recorded as the right of way in the land registry office or other office where title to land is registered for the locality in which that land is situated.

• Marginal note:Absence of right of way

  (3) If there is no right of way for the international or interprovincial power line, the prescribed area is the strip of land 30 m on each side from the centre of the line.

Ground Disturbance — Specified Activities

Marginal note:Activities not included

3 For the purposes of paragraph (a) of the definition ground disturbance in section 2 of the Act, in respect of an international or interprovincial power line, the following activities are specified:

• (a) cultivation to a depth of less than 45 cm below the surface of the ground; or

• (b) any other activity to a depth of less than 30 cm and that does not result in a reduction of the earth cover over any underground portion of a line.

Ground Disturbance — Temporary Prohibition

Marginal note:Prohibition

4 If the holder, after having received a locate request from a person that intends to engage in an activity that causes a ground disturbance within a prescribed area, indicates an area that is situated in the vicinity of an international or interprovincial power line and that may extend beyond the prescribed area, the ground disturbance is prohibited within that area during the period referred to in subsection 276(1) of the Act.

General Provisions

Marginal note:Locate request — timing

• 5 (1) A person that intends to construct a facility across, on, along or under an international or interprovincial power line or engage in an activity that causes a ground disturbance within a prescribed area, must make a locate request at least three working days before the day on which the construction or activity is to start.

• Marginal note:Locate request — making

  (2) The locate request must be made to a one-call centre if there is one within the area where the intended construction or activity takes place and if there is none in the area, to the holder directly.

• Marginal note:Emergency

  (3) In the case of an unexpected situation that could endanger life or cause substantial property or environmental damage and that requires immediate action, the period set out in subsection (1) does not apply and the locate request must be made as soon as possible before the construction or activity starts.

• Marginal note:One-call centre

  (4) A one-call centre is an organization that, for the purposes of protecting the underground infrastructures of its members from damage and ensuring public safety,

  • (a) receives locate requests from persons within a defined geographical area; and

  • (b) notifies its members that may be affected by any proposed construction or by any proposed activity that would cause a ground disturbance, if that construction or activity is the subject of a locate request.

Marginal note:Duty to inform

6 Any person that intends to construct a facility across, on, along or under an international or interprovincial power line, engage in an activity that would cause a ground disturbance within a prescribed area or operate a vehicle or mobile equipment across an international or interprovincial power line must, before the construction, activity or operation is to start, inform all persons working on their behalf, including contractors and subcontractors, of the obligations under these Regulations.

Authorizations

Marginal note:Construction of facility

• 7 (1) The construction of a facility — in an area other than an offshore area — across, on, along or under an international or interprovincial power line is authorized if the person that intends to construct the facility

  • (a) obtains written authorization from the holder;

  • (b) agrees with the holder in writing to a procedure and schedule for the work;

  • (c) makes a locate request in accordance with section 5; and

  • (d) meets the following requirements:

    • (i) complies with the conditions set out in the authorization,

    • (ii) in respect of overhead crossings, ensures that the construction is designed and executed in accordance with CSA Group standard C22.3 No. 1, Overhead systems, as amended from time to time, and

    • (iii) in respect of underground crossings, ensures that the construction is designed and executed in accordance with CSA Group standard C22.3 No. 7, Underground systems, as amended from time to time.

• Marginal note:Suspension

  (2) If the authorization is suspended, the construction must cease for the duration of the suspension.

• Marginal note:Measures

  (3) Any person that is undertaking the construction of a facility must ensure that the construction is carried out in accordance with the technical details that are set out in the person’s request for authorization and that have been accepted by the holder, as well as with the conditions set out in the holder’s authorization.

Marginal note:Ground disturbance activity

• 8 (1) Any activity — in an area other than an offshore area — that would cause a ground disturbance within a prescribed area is authorized if the person that intends to engage in the activity

  • (a) obtains written authorization from the holder;

  • (b) agrees with the holder in writing to a procedure and schedule for the work;

  • (c) makes a locate request in accordance with section 5; and

  • (d) complies with the conditions set out in the authorization.

• Marginal note:Suspension

  (2) If the authorization is suspended, the activity must cease for the duration of the suspension.

• Marginal note:Measures

  (3) Any person that is engaged in an activity that causes a ground disturbance within a prescribed area must

  • (a) ensure that the activity is carried out in accordance with the conditions set out in the holder’s authorization;

  • (b) ensure that there is no additional earth or other material within the prescribed area that could reduce the ground to conductor clearance of the overhead line;

  • (c) immediately notify the holder of any contact with any underground portion of the holder’s international or interprovincial power line; and

  • (d) notify the holder at least 24 hours before backfilling over any underground portion of the holder’s international or interprovincial power line that is exposed, unless the holder and the person that is engaged in the activity agree otherwise.

Marginal note:Operation across a power line

9 The operation of a vehicle or mobile equipment across an international or interprovincial power line is authorized if the person that intends to operate the vehicle or mobile equipment obtains authorization from the holder.

Circumstances

Marginal note:Construction of international or interprovincial power line

10 For the purposes of paragraph 272(1)(c) of the Act, a person may construct an international or interprovincial power line that passes on, over, along or under a facility in the following circumstances:

• (a) in respect of overhead crossings, the line is designed and constructed in accordance with CSA Group standard C22.3 No. 1, Overhead systems, as amended from time to time;

• (b) in respect of underground crossings, the line is designed and constructed in accordance with CSA Group standard C22.3 No. 7, Underground systems, as amended from time to time;

• (c) the line does not extend beyond any terminal of that line;

• (d) the line is designed and constructed in accordance with any applicable provincial and federal legislation;

• (e) the person obtains written permission from the owner of the facility; and

• (f) the person and the owner of the facility agreed in writing to a construction procedure and schedule for the work.

Transitional Provisions

Marginal note:Definition of coming-into-force day

11 In sections 12 to 15, coming-into-force day means the day on which the Canadian Energy Regulator Act comes into force.

Marginal note:Leave

12 Any leave granted by the holder before the coming-into-force day, under subsection 58.31(2) of the National Energy Board Act, as it read immediately before that date, to operate a vehicle or mobile equipment across an international or interprovincial power line, remains in force until the expiry date set out in the leave.

Marginal note:Leave — excavation or construction of facility

13 Any excavation or the construction of a facility that was started before the coming-into-force day and for which leave of the National Energy Board was not necessary under paragraph 58.33(c) of the National Energy Board Act, as it read immediately before that day, may be continued after that day if it is carried out in conformity with the applicable conditions set out in section 3 of the Power Line Crossing Regulations, as it read immediately before that day.

Marginal note:Construction — international or interprovincial power line

14 Any construction of an international or interprovincial power line that passes on, over, along or under a facility for which leave was granted before the coming-into-force day, under subsections 58.28(1) and (4) of the National Energy Board Act, as it read immediately before that date, continues to be authorized if the construction is carried out in conformity with the applicable circumstances set out in section 4 of the Power Line Crossing Regulations, as it read immediately before that day.

Repeal

15 The Power Line Crossing RegulationsFootnote ¹ are repealed.

• Return to footnote ¹SOR/95-500

Coming into Force

Marginal note:S.C. 2019, c. 28, s. 10

Footnote ^*16 These Regulations come into force on the day on which the International and Interprovincial Power Line Damage Prevention Regulations – Obligations of Holders of Permits and Certificates come into force, but if they are registered after that day, they come into force on the day on which they are registered.

• Return to footnote ^*[Note: Regulations in force March 16, 2020, see SOR/2020-49.]