Warning Letter to Canada Border Services Agency (CBSA)
Enforcement File: CV1920-143
26 September 2019
Registered with acknowledgement of receipt
Director General of National Real Property and Accommodations Directorate
Canada Border Services Agency
355 North River Road
Ottawa Ontario K1A 0L8
Warning Letter to Canada Border Services Agency (CBSA)
Dear
Safety and environmental oversight is a core responsibility for the Canada Energy Regulator (CER). This letter is to inform you that the CER has identified non-compliances with the National Energy Board Onshore Pipeline Regulations (SOR/99-294) (OPR) for not appointing an accountable officer within the definition of the OPR pursuant to ss. 6.2(3) and for not submitting the yearly annual report notification on time pursuant to ss. 6.6(2).
The Commission holds its regulated companies accountable for the safety, security, and protection of workers, the general public and the environment. CER-regulated companies, as certificate holders, are required to follow the Canadian Energy Regulator Act and all its associated Regulations.
Pursuant to:
s. 6.2 (1) of the OPR, the regulated company is responsible for appointing an officer as accountable officer to ensure on its behalf that its management system and the programs referred to in section 55 of the OPR are established, implemented and maintained in accordance with section 6.1, this section and sections 6.3 to 6.6 and that its obligations under section 6 are met.
ss. 6.2(3) of the OPR, the company shall ensure that the accountable officer has authority over the human and financial resources required to
(a) establish, implement and maintain the management system and the programs referred to in section 55; and
(b) ensure that the company’s activities are carried out in a manner that enables it to meet its obligations under section 6.
ss. 6.6(1) A company shall complete an annual report for the previous calendar year, signed by the accountable officer, that describes
(a) the performance of the company’s management system in meeting its obligations under section 6 and the company’s achievement of its goals, objectives and targets during that year, as measured by the performance measures developed under paragraphs 6.5(1)(b)and (v); and
(b) the actions taken during that year to correct any deficiencies identified by the quality assurance program established under paragraph 6.5(1)(w).
- (2) No later than April 30 of each year, the company shall submit to the Board a statement, signed by the accountable officer, indicating that it has completed its annual report.
SUMMARY OF FINDINGS
CBSA is the owner and operator of the pipeline located from the meter facilities attached to the Customs Building located near Climax, SK (SE 6-1-18-W3M) to the international border.
On 3 September 2015, the CER sent the CBSA a warning letter relating to their non-compliances with sections 6.2 and 6.6 of the OPR.
On 21 February 2017, the CER had a teleconference with the CBSA. CER staff reviewed the non-compliance history relating specifically to the non-completion of the 2013, 2014 and 2015 annual report notifications.
On 11 May 2017, the CBSA submitted their 2016 annual report notification. It was due on 30 April 2017 and therefore was received late.
On 25 April 2018, the CBSA appointed , Manager Infrastructure as accountable officer.
On 29 May 2019, the CER sent the CBSA an information request asking them to submit the 2018 annual report notification.
On 24 July, 2019, the CER sent the CBSA a Notice of Non-Compliance for not submitting their annual report notification by April 30, 2019.
On 26 July 2019, the CBSA submitted their 2018 annual report notification signed by Accountable Officer, .
On 1 August 2019, CER staff had a teleconference with the Executive Director of Real Property West, Manager of Infrastructure for Prairie Region, Director of Environmental Operation and the Manager of Compliance from CBSA to discuss the repeat non-compliances with the OPR.
On 1 August 2019, CBSA staff confirmed that did not have authority over the human and financial resources of the agency.
On 18 September 2019, the CBSA appointed ,
Director General of National Real Property and Accommodations Directorate as accountable officer.
CONCLUSION
This warning indicates alleged non-compliances with sections 6.2 and 6.6 of the OPR, and is issued in accordance to the CER’s enforcement policy. It is intended to bring this matter to your attention in order for you to take the necessary corrective action to ensure future compliance with the Canadian Energy Regulator Act, its associated Regulations and related regulatory instruments. In the future, required filings must be made on time and without the necessity of CER follow-up.
This written warning, and the circumstances to which it refers, may be taken into account during the CER’s compliance and audit planning or in response to any future non-compliances. CBSA is expected to exercise due diligence in meeting all CER requirements.
Please be advised that this letter will form part of CBSA’s compliance history, and any future reported events may result in further enforcement action, including administrative monetary penalties, in accordance with the CER’s enforcement policy and procedures. You can find more information on the Commission’s compliance and enforcement activities on the website.
If you have any questions regarding this review or any related topic, please contact , Lead Investigator, by telephone toll-free at 1-800-899-1265, directly at or by email at .
Yours sincerely,
Original signed by
Director, Audit, Enforcement and Investigations
Systems Operations Business Unit
c.c. , President, CBSA
, Executive Director of Real Property West, CBSA
, Manager of Infrastructure for Prairie Region, Real Property Western Portfolio, CBSA
, Manager of Compliance, Environmental Operations, CBSA
, Manager, Infrastructure and Environmental Operations Directorate, Comptrollership
Branch, CBSA
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