ARCHIVED – Questions and Answers – Proposed Regulations Amendments for Pipeline Damage Prevention

National Energy Board Pipeline Crossing Regulations, Part I (PCR Part I)
(proposed to be renamed National Energy Board Pipeline Damage Prevention, Part 1)

National Energy Board Pipeline Crossing Regulations, Part II (PCR Part II)
(proposed to be renamed National Energy Board Pipeline Damage Prevention, Part 2)

National Energy Board Onshore Pipeline Regulations (OPR)

Administrative Monetary Penalties Regulations (National Energy Board) (AMPs)

1. How did the Board engage the public as it worked to develop these regulations improvements?
2. Will I have another opportunity to comment on the proposed amendments to the NEB regulations?
3. Is there an opportunity to set up a meeting with the NEB to discuss my comments?
4. Are the current requirements of the PCR Part I, PCR Part II, OPR, or AMPs still in force?
5. Which provinces currently have a One-Call Centre?
6. Why is the NEB making it mandatory for parties planning construction and excavation near a pipeline to make a locate request by contacting a One-Call Centre where one exists?
7. I know of all the underground facility owners in the area where I am performing construction or excavation activities; can I just contact the companies directly?
8. Why is the NEB making it mandatory for pipeline companies to be members of a One-Call Centre(s)?
9. Who is responsible for preventing damage to pipelines?
10. What are the current requirements of pipeline companies regarding damage prevention?
11. Do any of the provinces have provincial legislation relating to a One-Call Centre?
12. How can I comment on the proposed regulations amendments?

1. How did the Board engage the public as it worked to develop these regulations improvements?

• These proposed amendments advance the regulation development commitments made by the Board in the July 2011 Action Plan on Safety and Environmental Protection, the February 2012 Damage Prevention Framework, the December 2012 Discussion Paper - Proposed Changes to NEB Regulations for Damage Prevention, and the November 2013 Notice of Proposed Regulatory Change (NOPRC). The NEB developed the proposed amendments to these four regulations based on the feedback it received from interested parties over this time period. The proposed regulations amendments are now ready for interested party review and comment. This is an additional comment opportunity for the public prior to pre-publication in the Canada Gazette, Part I.

2. Will I have another opportunity to comment on the proposed amendments to the NEB regulations?

• Yes. The proposed amendments would be pre-published in Canada Gazette, Part I. You will be provided with another opportunity to comment on the proposed amendments to NEB regulations at that time.

3. Is there an opportunity to set up a meeting with the NEB to discuss my comments?

• Yes. If you would like to set up a meeting to discuss any comments or questions that you may have regarding the proposed regulations amendments, please send a request to the contact person listed at the bottom of the Letter to Stakeholders.

4. Are the current requirements of the PCR Part I, PCR Part II, OPR, or AMPs still in force?

• Yes. The current NEB regulations relating to damage prevention remain in force until the proposed amendments are adopted. The Board will provide a notice on the NEB Website when the amended regulations come into force.

5. Which provinces currently have a One-Call Centre?

• Currently the provinces of Alberta, British Columbia, Manitoba, New Brunswick (Saint John ONLY), Ontario, Québec, and Saskatchewan have One-Call Centres. For more information, please see the Guidance Note - Excavation and Construction Near Pipelines on the NEB website.
• The website Click Before You Dig provides a comprehensive and interactive portal where you can determine which One-Call centre you should contact depending on your location. As new One-Call Centres are established, information is added to the website above.

6. Why is the NEB making it mandatory for parties planning construction and excavation near a pipeline to make a locate request by contacting a One-Call Centre where one exists?

• When the PCRs came into effect in 1988, One-Call Centres were not yet widely established in Canada. More recently these centres have an increasingly important role in the damage prevention process. As the federal regulatory champion of the Canadian Common Ground Alliance, the NEB works with regional partners and stakeholder groups to raise awareness about safe work practices around pipelines and other buried infrastructure. A mandatory requirement to contact a One-Call Centre results in the consideration of, and communication with, all previously identified underground facilities in the determination of the decision to safely proceed with construction or excavation in a certain area. It also promotes public safety and environmental protection both before and over the course of the construction or excavation activities.

7. I know of all the underground facility owners in the area where I am performing construction or excavation activities; can I just contact the companies directly?

• No, the proposed amendments to the PCR Part I will require anyone planning construction or excavation near a pipeline to make a locate request by contacting a One-Call Centre. A mandatory requirement to contact a One-Call Centre results in the consideration of, and communication with, all previously identified underground facilities in the determination of the decision to safely proceed with construction or excavation in a certain area.
• If a One-Call Centre is not established in your area, then you are required to contact the pipeline company directly.

8. Why is the NEB making it mandatory for pipeline companies to be members of a One-Call Centre(s)?

• The NEB is proposing a mandatory requirement that all NEB-regulated pipeline companies be members of One-Call Centres where the pipeline companies own or operate their facilities, and such a One-Call Centre exists for that geographical area. This means that when a person calls a One-Call Centre with a locate request, the One-Call Centre has a current list of the underground facilities in that area and contact information for the applicable pipeline company so they can be notified to perform the locate request within a set period of time before construction or excavation activities can commence. This requirement promotes good safety management and environmental protection by both companies and individuals when working near NEB-regulated pipelines. It is in keeping with industry best practice as it is the most effective trigger to deal with safe planning and consistent handling of locate requests prior to the commencement of construction or excavation activities around NEB regulated pipelines.

9. Who is responsible for preventing damage to pipelines?

• Preventing damage to pipelines is a shared responsibility. Pipeline companies, anyone living or working near pipelines, and the NEB as regulator, all have an important role to play to make construction and excavation activities undertaken near pipelines be conducted as safely as possible. It is often human error(s) that causes damage to pipelines that may put safety, communities and the environment at risk. Please be aware of pipelines and always call or click before you dig.

10. What are the current requirements of pipeline companies regarding damage prevention?

• The NEB requires pipeline companies to anticipate, prevent, manage, and mitigate potentially dangerous conditions associated with their pipelines. This is done through a series of management and protection programs in accordance with the NEB's Onshore Pipeline Regulations (OPR) and Canadian Standards Association (CSA) Z662-11.

• The current requirements of pipeline companies regarding damage prevention are outlined in the PCR Part II.

11. Do any of the provinces have provincial legislation relating to a One-Call Centre?

• Yes. Currently Alberta, British Columbia, and Ontario have provincial legislation that requires the owners of an underground facility to be members of a One-Call Centre. Their legislation also requires that parties make a locate request through a One-Call Centre before starting any construction or excavation activity.

12. How can I comment on the proposed regulations amendments?

• The closing date for comments is Monday, 20 October 2014.

Date modified:

2021-09-16