Electricity Filing Manual – Guide D – Protection of International or Interprovincial Power Lines From Facility Construction, Ground Disturbance and Crossings (CER Act section 273 and section 275)

Table of Contents

1. Goal
2. Filing Requirements
3. Guidance
   1. Construction of facilities across, on, along or under an interprovincial or international power line and activities causing ground disturbance
   2. Crossing an interprovincial or international power line with vehicles and mobile equipment
   3. Multiple Activities
   4. Filing an Application

Goal

The application includes information with respect to:

• a facility proposed for construction across, on, along or under an international or interprovincial power line described in subsection 271(1) of the CER Act;
• a proposed activity that causes a ground disturbance^Footnote 10 within the prescribed area. 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. 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 (International and Interprovincial Power Line Damage Prevention Regulations – Authorizations) (IPLDPR–A); or
• vehicle or mobile equipment proposed to operate across an international or interprovincial power line described in subsection 271(1) of the CER Act outside the travel portion of a highway or public road; or
• a facility across, on, along or under the pipeline that is to be reconstructed, altered or removed.

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Filing Requirements

Construction of facilities across, on, along or under an interprovincial or international power line and activities causing ground disturbance within the prescribed area

1. For an application to construct a facility across, on, along or under an interprovincial or international power line outlined in the IPLDPR – Authorizations cannot be met, provide:

• the purpose and location of the proposed facility;
• a description of the proposed facility; and
• the rationale for seeking approval from the Commission.

2. For an application to conduct an activity causing a ground disturbance in the prescribed area where consent has not been obtained from the pipeline company or measures outlined in the DPR – Authorizations cannot be met, provide:

• the purpose and location of the activity;
• a description of the activity(s) resulting in a ground disturbance; and
• the rationale for seeking approval from the Commission.

3. For applications to construct a facility or to conduct an activity causing a ground disturbance in the prescribed area, provide an ESA (see section A.2).

Crossing an interprovincial or international power line with vehicles and mobile equipment outside the travelled portion of a highway or public road.

4. For an application to operate a vehicle or mobile equipment across an interprovincial or international power line, provide:

• the purpose and location of the activity;
• a description of the vehicle or equipment; and
• the rationale for seeking approval from the Commission.

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Guidance

Construction of facilities across, on, along or under an interprovincial or international power line and activities causing ground disturbance

• An application is not required for activities (construction of facilities, activities causing ground disturbance, crossings) for which the requirements outlined in the IPLDPR – Authorizations have been met^Footnote 11.
• An application for activities causing a ground disturbance is not required where the activity is:
  • cultivation to a depth that is less than 45 cm below the surface of the ground.
  • 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 an interprovincial or international power line.

Crossing an interprovincial or international power line with vehicles and mobile equipment

• Crossing along a travelled portion of a highway or public road
  • An application for a mobile equipment or vehicle crossing is not required if the crossing is to occur along the travelled portion of a highway or public road.

Multiple Activities

Where multiple activities are proposed (e.g., both a crossing and ground disturbance), an application may be required for one of the activities even though the other activity may fall within one of the above-mentioned categories that do not require an application.

Filing an Application

• The information required for this application can be filed with the CER in the form of a letter. A copy of the letter should be sent to all affected parties (including the holder of the permit or certificate for an international or interprovincial power line) so they can review the information and forward any comments they may have to the CER.
• Provide as much information as possible about the efforts made to obtain the holder’s authorization for the activity prior to making the application to the CER including the reasons given by the holder of a permit or certificate for an international or interprovincial power line for withholding its authorization. If applicable, please provide an explanation why certain measures outlined in the IPLDPR – Authorizations cannot be met.
• This may include copies of letters exchanged with all affected parties or minutes of meetings.
• The CER may request additional information when an application is filed, depending on the circumstances of the project.
• Applicants can refer to Chapter 6 for guidance with respect to the ESA process. CER staff can provide assistance in determining whether the project requires an ESA. In general, smaller projects that landowners may want to carry out may result in a less extensive ESA.

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