Filing Manual – Guide C – Protection of Pipelines From Ground Disturbance, Facility Construction, Crossings and Mining Operations (CER Act section 335 and section 338)

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  1. C.1 Ground Disturbance, Facility Construction and Crossings Near Pipelines (CER Act section 335, Canadian Energy Regulator Damage Prevention Regulations – Authorizations)
    1. Goal
    2. Filing Requirements
      1. Construction of facilities across pipelines and activities causing ground disturbance
      2. Crossing pipelines with vehicles and mobile equipment
    3. Guidance
      1. Construction of facilities across pipelines and activities causing ground disturbance
      2. Crossing pipelines with vehicles and mobile equipment
        1. Crossing along a travelled portion of a highway or public road
        2. Crossing with vehicles for agricultural activity
      3. Multiple Activities
      4. Filing an Application
  2. Section C.2 Protection of Pipelines from Mining Operations (CER Act section 338)
    1. Goal
    2. Filing Requirements
    3. Guidance

C.1 Ground Disturbance, Facility Construction and Crossings Near Pipelines (CER Act section 335, Canadian Energy Regulator Damage Prevention Regulations – Authorizations)

Goal

The application includes information with respect to:

  • a facility proposed for construction across, on, along or under a pipeline;
  • a proposed activity that causes a ground disturbanceFootnote 18 within the prescribed area, which is a strip of land measured 30 m perpendicularly on each side from the centre line of the pipe (Canadian Energy Regulator Damage Prevention Regulations – Authorizations (DPR – Authorizations));
  • vehicle or mobile equipment proposed to operate across the pipeline 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.

Filing Requirements

Construction of facilities across pipelines and activities causing ground disturbance

1. For an application to construct a facility across, on, along or under a pipeline 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 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 pipelines with vehicles and mobile equipment

4. For an application to operate a vehicle or mobile equipment across a pipeline where consent has not been obtained from the pipeline company, provide:

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

5. For an application to direct the owner of a facility constructed across, on, along or under a pipeline, to reconstruct, alter or remove the facility, provide:

  • the purpose and location of the facility;
  • the purpose for the reconstruction, alteration or removal of the facility; and
  • the rationale for seeking approval from the Commission.

Guidance

Construction of facilities across pipelines 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 DPR – Authorizations have been met.

An application for activities causing a ground disturbance is not required where the activity is:

  • caused by cultivation to a depth that is less than 45 cm below the surface of the ground; or
  • caused by any other activity to a depth of less than 30 cm and that does not result in a reduction of the earth cover over the pipeline to a depth that is less than the cover provided when the pipeline was constructed.

Crossing pipelines 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.

Crossing with vehicles for agricultural activity

Equipment that is used to perform an agricultural activity may cross a pipeline if the following conditions are met:

  • the loaded axle weight and tire pressures are within the manufacturers approved limits and operating guidelines; and
  • the point of crossing has not been identified by the pipeline company as a location where agricultural activities have the potential to damage the pipeline.

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 pipeline company) 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 pipeline company’s consent for the activity prior to making the application to the CER including the reasons given by the pipeline company for withholding its consent. If applicable, please provide an explanation why certain measures outlined in the DPR – Authorizations cannot be met.

This may include copies of letters exchanged with all affected parties or minutes of meetings. The Commission may request additional information when an application is filed, depending on the circumstances of the project.

Applicants can refer to section A.2 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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C.2 Protection of Pipelines from Mining Operations (CER Act section 338)

This section is applicable to proposed mines or mineral work that will take place within 40 metres of the RoW of a federally regulated pipeline.

An application under section 338 may involve pipeline crossings and therefore, an application pursuant to section 335 may also be required.

Goal

The application includes information with respect to:

  • the portion of the pipeline affected by the proposed mines or mineral work;
  • an environmental screening;
  • any crossings; and
  • any seismic program or explosives involved.

Filing Requirements

1. As required by section 338(3) of the CER Act, provide a plan and profile for the portion of the pipeline to be affected.

2. For applications filed under section 338 of the CER Act, provide an ESA (see section A.2).

3. Provide all reasonable and necessary information and details respecting the proposed mine or mineral work, including:

  • project title and contact information for the company, contractors and sub-contractors;
  • the name and contact information of the affected pipeline company;
  • legal description of the lands to be affected;
  • a map indicating the location of the pipeline(s); and
  • a statement certifying that the pipeline company and the CER will be contacted at least 72 hours prior to conducting the project.

4. If the project involves crossing a pipeline, also include:

  • the proposed crossing date; and
  • evidence that an approved crossing agreement is in place.

5. If the application is for a seismic program or involves explosives:

  • indicate the type of seismic program (e.g., 2D, 3D);
  • provide the plat of the seismic program;
  • identify the source (e.g., dynamite or vibroseis);
  • identify the size of the dynamite charge, if applicable; and
  • confirm that the program will be conducted in accordance with all applicable regulations.

Guidance

Submitting a Pipeline Notification Form to the CER is not considered an application or an approval for the activity.

Conditions of approval may include the requirement for mitigation plans that ensure public safety if live charges cannot be removed from the ground.

Applicants can refer to section A-2 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.

Next Steps...

File the completed application. Applicants are encouraged to include the completed relevant checklists from Appendix 1.

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