Filing Manual – Guide J – Commodity Pipeline Systems

Table of Contents

As a result of the Canada Transportation Act, which came into force on 1 July 1996, jurisdiction over interprovincial and international commodity pipelines in Canada was transferred from the National Transportation Agency (now the Canadian Transportation Agency) to the NEB. In order to assume this jurisdiction, the definition of “pipeline” in the NEB Act was broadened to include pipelines transporting commodities other than oil or gas, but excluding municipal sewer and water lines.

Due to the wide variety of fluids transported on commodity pipelines, the NEB determined that it would be more practical to regulate these lines on a case-by-case basis, rather than developing new regulations that would address all potential commodity issues. The NEB, therefore, issued Order MO-CO-3-96, which exempted commodity pipelines from the provisions of the OPR.

The first application filed for the construction and operation of a commodity pipeline was on 10 October 1997 by Souris Valley Pipeline Limited for the construction and operation of a carbon dioxide transmission pipeline in southern Saskatchewan. The NEB made the decision that any certificate issued in respect of the proposed facilities would be conditioned to reflect many of the issues addressed by the OPR.

In regard to the application of this manual, while the requirements pursuant to sections of the CER Act apply to commodity pipelines just as they would to traditional hydrocarbon pipelines, specific sections of the OPR do not. However, the relevant Guides within this manual may still be applicable to commodity pipelines.