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Regulation number	Title
P-8.5	Pipeline Act, 2005

Under section 79 of the Pipeline Act, 2005, the New Brunswick Energy and Utilities Board makes the following Regulation:

2020-37

Citation

1This Regulation may be cited as the Pipeline Regulation - Pipeline Act, 2005.

Definitions

2The following definitions apply in this regulation.

“abandon” means to remove permanently from service. (abandon)

“Act” means the Pipeline Act, 2005. (Loi)

“bodily injury” includes an injury that results in(blessure corporelle)

(a) the fracture of a major bone;

(b) the amputation of a body part;

(c) the loss of sight in one or both eyes;

(d) internal haemorrhage;

(e) third-degree burns;

(f) unconsciousness; or

(g) the loss of a body part or function of a body part.

“carbon equivalent” means a measure of the weldability of metal alloys. (équivalent en carbone)

“change of service” means a change in the type of substance transported in the pipeline which necessitates changes to the design requirements in accordance with CSA Z662. (modification du service)

“class location” means a class location as defined in CSA Z662 and as determined in accordance with that standard. (classe d’emplacement)

“corporation” includes a partnership, or a limited partnership. (corporation)

“component” means a component as defined in CSA Z662. (élément)

“CSA” means the Canadian Standards Association. (CSA)

“CSA Z246.2” means CSA Standard Z246.2 entitled Emergency preparedness and response for petroleum and natural gas industry systems, as amended from time to time. (norme Z246.2 de la CSA)

“CSA Z276” means CSA Standard Z276 entitled Liquefied Natural Gas (LNG) - Production, Storage and Handling, as amended from time to time. (norme Z276 de la CSA)

“CSA Z341” means CSA Standard Z341 entitled Storage of Hydrocarbons in Underground Formations, as amended from time to time. (norme Z341 de la CSA)

“CSA Z662” means CSA Standard Z662 entitled Oil and Gas Pipeline Systems, as amended from time to time as modified for the Province in Appendix A of this regulation. (norme Z662 de la CSA)

“CSA Z731” Repealed: 2020-37

“deactivate” means to remove temporarily from service. (mettre hors service)

“high pressure pipeline” means a pipeline operated at a pressure greater than 700 kPa. (pipeline à haute pression)

“HVP hydrocarbons” means hydrocarbons or hydrocarbon mixtures in the liquid or quasi-liquid state with a vapour pressure greater than 110 kPa absolute at 38ºC. (hydrocarbures HPV)

“incident” means an occurrence that results in(incident)

(a) the death of or bodily injury to a person;

(b) a significant adverse effect on the environment;

(c) an unintended fire or explosion;

(d) an unintended or uncontained release of LVP hydrocarbons,

(e) an unintended release of gas or HVP hydrocarbons or other substance, or

(f) the operation of a pipeline beyond its design limits as determined under CSA Z662 or CSA Z276 or any operating limits imposed by the Board.

“joining” means the joining of pipe and components, performed after the pipe and component manufacturing processes. (assemblage)

“LVP hydrocarbons” means hydrocarbons (hydrocarbures BPV)

(a) hydrocarbon mixtures in the liquid or quasi-liquid state with a vapour pressure of 110 kPa absolute or less at 38ºC;

(b) multiphase fluids and minerals; and

(c) oil field water.

“maximum operating pressure” means maximum operating pressure as defined in CSA Z662. (pression maximale de service)

“release” includes discharge, spray, inject, inoculate, deposit, spill, leak, seep, pour, emit, throw, dump, place and exhaust. (rejet)

“station” means a facility that is used in connection with the operation of a pipeline, and includes a facility for compression, pressure reduction, storage of hydrocarbons, metering, odorization, receiving or delivering and includes the land and works connected with the facility. (poste)

“toxic substance” means a substance that enters the environment in a quantity or concentration that may(substance toxique)

(a) have an immediate or long-term adverse effect on the environment;

(b) constitute a danger to the environment on which human life depends; or

(c) constitute a danger to human life or health.

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Application

3(1)This regulation applies to the design, construction, operation maintenance and abandonment of pipelines entirely located within in the Province of New Brunswick.

3(2)Where appropriate, a corporation, in meeting the requirements of this Regulation, shall differentiate among its high-pressure pipelines, distribution lines and service lines.

Applicable standards and specifications

4(1)When a corporation designs, constructs, operates or abandons a pipeline, or contracts for the provision of those services, the corporation shall ensure that the pipeline is designed, constructed, operated or abandoned in accordance with the applicable provisions of

(a) this Regulation;

(b) CSA Z276, if the pipeline transports liquefied natural gas;

(c) CSA Z341 for the underground storage of hydrocarbons; and

(d) CSA Z662, if the pipeline transports liquid or gaseous hydrocarbons or minerals as defined in the Act.

4(2)The corporation shall ensure that the pipeline is designed, constructed, operated or abandoned in accordance with the designs, specifications, programs, manuals, procedures, measures and plans developed and implemented by the corporation in accordance with this Regulation.

4(3)If there is an inconsistency between this Regulation and a standard referred to in paragraph (1)(b) to (d), this Regulation prevails to the extent of the inconsistency.

4(4)If a standard referred to in paragraph (1)(b) to (d) is amended, a corporation is not required to comply with the amendment until six months, or such other period as the Board may fix, after the date when it is made.

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Amendments to standards and specifications

5If a corporation is required by this Regulation to develop a design, specification, program, manual, procedure, measure or plan, the Board may order amendments to it if the Board considers that necessary for safety or environmental reasons or if it is in the public interest to do so.

Implementing changes in standards and specifications

6A corporation shall develop and apply a program to implement changes to designs, specifications, standards or procedures.

Submission of standards and specifications may be required by the Board

7For the purposes of this Regulation, the Board may require a corporation or person to submit a design, specification, program, manual, procedure, measure, plan or document to the Board if

(a) the corporation makes an application to the Board under Part 2 of the Act; or

(b) the Board receives information that the design, construction, operation or abandonment of a pipeline, or any part of a pipeline, is or may cause

(i) a hazard to the safety of the public or to the employees of the corporation; or

(ii) a detriment to the environment or to property.

Non-standard specifications require Board approval

8(1)Designs, specifications, programs, manuals, procedures, measures or plans for which no standard is set out in this Regulation, in the Act, in another Act or regulations made thereunder shall be submitted by a corporation or person to the Board for approval.

8(2)The Board shall approve a design, specification, program, manual, procedure, measure or plan if

(a) it provides for a level of safety or protection at least equivalent to the level of safety or protection generally provided for by a comparable CSA standard or by another applicable standard; or,

(b) in the absence of a comparable CSA or other applicable standard, it provides for a level of safety or protection that is adequate in the circumstances.

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Pipeline designs

9A corporation shall develop detailed designs of its pipeline and submit them to the Board when required to do so under section 7.

Station design and equipment

10A station shall be

(a) designed to provide year-round suitable access for personnel,

(b) designed to prevent unauthorized entry to and unauthorized operation of the station,

(c) equipped with facilities for the containment, handling and disposal of all material and wastes incidental to the station’s operation; and

(d) designed so that the noise level during operations meets the noise level requirement approved by the Board under section 8.

Alternative power sources for compression stations

11A compressor station shall be equipped with an alternative source of power capable of

(a) operating the station’s emergency shut-down system;

(b) operating an emergency lighting system for the safe evacuation of personnel from the station and for other emergency procedures; and

(c) maintaining any other service essential to the safety of personnel or the public or the protection of the environment.

Storage facilities

12A storage facility shall

(a) be located in an area that is known to be free from flooding, landslides, rockfalls and geological faults;

(b) be serviced by an all-weather road that gives access to all permanently installed fire-fighting equipment located at or near the storage facility; and

(c) have a containment area designed to prevent the release or migration of stored products or toxic substances.

Specifications for pipe and components

13A corporation shall develop specifications for the pipe and components to be used in the pipeline and shall submit them to the Board when required to do so under section 7.

Quality Insurance program

14A corporation shall develop and implement a quality assurance program for the purpose of ensuring that the pipe and components to be used in the pipeline meet the specifications referred to in section 13.

Joining program

15A corporation shall develop and implement a joining program in respect of the joining of pipe and the components to be used in the pipeline and shall submit it to the Board when required to do so under section 7.

Examination of joints

16(1)When a corporation conducts joining on a high-pressure pipeline, it shall ensure that each joint is examined visually and the entire circumference of a representative sample of joints, together with all tie-in welds not subject to hydrostatic test, are examined by radiographic or ultrasonic methods.

16(2)When a corporation conducts joining on a pipeline that is not a high-pressure pipeline, it shall ensure that each joint is examined visually.

Duties of companies toward contractors for construction

17(1)If a corporation contracts for the provision of services in respect of the construction of a pipeline, the corporation shall

(a) inform the contractor of all special conditions associated with the construction;

(b) inform the contractor of all special safety and environmental practices and procedures necessitated by the conditions or features specific to the construction;

(c) take all reasonable steps to ensure that construction activities are conducted in accordance with the manual developed under section 19; and

(d) authorize a person to halt a construction activity in circumstances where, in the person’s judgment, the construction activity is not being conducted in accordance with the manual developed under section 19 or is creating a hazard to anyone at the construction site.

17(2)The person referred to in paragraph (1)(d) must have sufficient expertise, knowledge and training to carry out competently the obligations set out in that paragraph.

Safety during pipeline construction

18A corporation shall, during the construction of a pipeline, take all reasonable steps to ensure that

(a) the construction activities do not create a hazard to the public or the environment; and

(b) all persons at the construction site who are not involved in the construction of the pipeline are informed of the practices and procedures that are to be followed for their safety and the protection of the environment.

Construction safety manual and environmental protection plan

19(1)A corporation shall develop a construction safety manual and an environmental protection plan and shall submit them to the Board.

19(2)A corporation shall keep a copy of the construction safety manual and the environmental protection plan, or the relevant parts of them, at each construction site of the pipeline, in a location where they are accessible to every person engaged in construction at the site.

Restoration of right-of-way and work areas

20After a pipeline is constructed, the right-of-way and temporary work areas of the pipeline shall be restored to a condition similar to the surrounding environment and consistent with the previous land use, unless the Board specifies otherwise.

Interference with utilities and roads

21When a pipeline is constructed across a utility or private road, the corporation shall ensure that there is no undue interference with the use of the utility or road during construction.

Pressure tests

22(1)Before putting a pipeline into service, a corporation shall develop a program in respect of pressure tests to be conducted for pipe and components used in its pipeline and shall submit it to the Board when required to do so under section 7.

22(2)The corporation shall give at least forty-eight hours’ notice of a pressure test of a high-pressure pipeline to the Board and to the Minister of Environment and Climate Change.

2006, c.16, s.135; 2012, c.39, s.110; 2020, c.25, s.83

Pressure tests with water

23Before conducting a pressure test with water, a corporation shall obtain any local government or provincial permits required in respect of the source, use and disposal of water for test purposes.

2017, c.20, s.133

Pressure testing and records

24(1)Pressure testing shall be performed under the direct supervision of the corporation or an agent appointed by it.

24(2)The corporation or agent shall date and sign any logs, test charts and other test records that are referred to in CSA Z276 or CSA Z662, as applicable, and retain these records until the Board otherwise orders.

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Pre-tested pipe

25If pre-tested pipe assemblies or segments are installed in a pipeline, the number of welds in the installations or segments that are not subjected to a pressure test shall be minimized to the extent that is practicable.

Operation and maintenance manuals

26(1)A corporation shall develop and regularly update operation and maintenance manuals that provide information and procedures to promote safety, environmental protection and efficiency in the operation of the pipeline, and shall submit them to the Board when required to do so under section 7.

26(2)In addition to the information and procedures referred to in CSA Z662, operation and maintenance manuals shall in respect of the operation and maintenance of the pipeline, set out, the following,

(a) information on materials and equipment;

(b) procedures for the operation of stations, instrumentation, and alarms, and the safety precautions in respect of those operations;

(c) the maximum and minimum operating pressures of the pipeline over a range of normal operating conditions;

(d) the elevation profile of pipelines containing liquid hydrocarbons;

(e) the maximum operating pressures for the pipeline;

(f) a description of the pressure control devices installed on the pipeline;

(g) information and procedures in respect of the pipeline control system, including

(i) the supervisory control and data acquisition system, if applicable,

(ii) the communication facilities,

(iii) the procedures used to detect leaks, respond to alarms, and interpret anomalies,

(iv) for oil pipelines, the material balance system and the rules of interpretation of any imbalances in the material balance calculation, and

(v) the procedures used to detect any malfunctions of the control system, including details of the corrective action to be taken;

(h) the procedures and equipment for accident prevention and fire protection;

(i) the corporation’s corrosion control program, including a description of the corrosion prevention and corrosion monitoring systems;

(j) the maintenance procedures for the pipeline, including a description of the program to be employed to confirm the integrity of the pipeline;

(k) the environmental protection procedures for pipeline operation and maintenance activities;

(l) the monitoring and surveillance programs for the protection of the pipeline;

(m) the environmental monitoring and surveillance programs for the protection of the public;

(n) the location of the pipeline and a description of the means of access to the pipeline;

(o) a description of the significant physical characteristics of the fluids to be transported in the pipeline;

(p) the maintenance program for safety-related equipment;

(q) a description of the training program referred to in section 44, including

(i) the general objectives of the training program,

(ii) the types and format of training used,

(iii) the specific training methods or courses provided to employees or categories of employees,

(iv) a description of the testing methods and exercises used under simulated conditions to evaluate employees’ knowledge of the regulations, procedures, and information referred to in subsection 44(2),

(v) the types of emergency exercises and simulations conducted as part of the training programs and the frequency with which they are conducted;

(r) details of the system and program audits referred to in section 52, including frequency and methodology.

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Availability of operation and maintenance manuals

27A corporation shall ensure that a copy of the operations and maintenance manual, or the relevant parts of it, is available at each maintenance site of the pipeline and accessible to every person engaged in maintenance there.

Practices and procedures to be followed

28A corporation shall inform all persons associated with operation and maintenance activities on the pipeline of the practices and procedures to be followed and make available to them the relevant portions of the operation and maintenance manuals.

Duties of companies towards contractors for operation and maintenance

29(1)If a corporation contracts for the provision of services in respect of the maintenance of a pipeline, it shall

(a) inform the contractor of all special conditions associated with the maintenance;

(b) inform the contractor of all special safety practices and procedures necessitated by the conditions or features specific to the maintenance;

(c) take all reasonable steps to ensure that maintenance activities are conducted in accordance with the manual developed under section 26;

(d) seek assurance from the contractor that the contractor’s employees have been trained in maintenance and safety in accordance with the corporation’s operations and maintenance manual; and

(e) authorize a person to halt a maintenance activity in circumstances where, in the person’s judgment, the maintenance activity is not being conducted in accordance with the manual developed under section 26 or is creating a hazard to anyone at the maintenance site or to the environment.

29(2)The person referred to in paragraph (1)(e) must have sufficient expertise, knowledge and training to carry out competently the obligations set out in that paragraph.

Safety requirements

30A corporation shall, during the maintenance of a pipeline, take all reasonable steps so that

(a) the maintenance activities do not create a hazard to the public or the environment; and

(b) all persons at the maintenance site who are not involved in the maintenance of the pipeline are informed of the practices and procedures that are to be followed for their safety and for the protection of the environment.

Emergency procedures manuals

31(1)A corporation shall develop and regularly update an emergency procedures manual.

31(2)A corporation shall submit the emergency procedures manual and any updates that are made to it to the Board.

31(3)The emergency procedures manual shall set out

(a) the information and procedures referred to in CSA Z662 and in CSA Z246.2;

(b) a statement of the scope of application of the emergency procedures;

(c) a detailed description of the facilities to which the emergency procedures apply, including

(i) the location of and means of access to the facilities, and

(ii) the number and size of the pipelines involved;

(d) the range of pressures and, for pipelines containing LVP hydrocarbons, the range of flow rates that might be expected under normal operating conditions;

(e) a description of the significant physical characteristics of the fluids to be transported in the pipeline;

(f) the procedures for the documentation of emergencies;

(g) the instructions and warnings to be given to persons reporting an incident;

(h) the initial action to be taken on discovery of an emergency;

(i) the names and telephone numbers of corporation personnel and their alternates or departments to be contacted in the case of an emergency and the respective responsibilities of the personnel or departments;

(j) a local emergency roster which includes, in addition to the contact list in CSA Z246.2, the names, addresses, telephone numbers and contact persons or agencies that may have to be contacted in case of an emergency, including, but not limited to, environmental agencies, police and fire and emergency measures officials, public utilities, local governments, qualified contractors, and equipment suppliers;

(k) the plans for cooperation with appropriate public agencies during an emergency;

(l) a description of the types and locations of available emergency clothing and equipment including, in the case of HVP hydrocarbons pipelines, a description of the types and locations of portable emergency shut-off devices;

(m) the procedures to be followed at the site of the emergency, including the procedures for assembling repair personnel in a safe location;

(n) the safety precautions to be taken during an emergency, including

(i) the handling of the fluid transported by the pipeline,

(ii) the isolation and shut-off procedures for stations of the pipeline, and

(iii) the methods for monitoring the hazard level at the site;

(o) a list or map of areas susceptible to potentially adverse environmental effects that may require special attention during an emergency;

(p) contingency plans for the immediate protection of the public and the environment; and

(q) evacuation procedures;

(r) the Board’s emergency phone number and the fax number of the secretary.

2017, c.20, s.133; 2020-37

Liaison with emergency response agencies

32A corporation shall establish and maintain liaison with the agencies that may be involved in an emergency response on the corporation’s pipeline and shall consult with them in developing and updating the emergency procedures manual.

Practices and procedures for emergencies

33A corporation shall take reasonable steps to inform all persons who may be associated with an emergency response activity on the pipeline of the practices and procedures to be followed and make available to them the relevant portions of the emergency procedures manual.

Education for emergencies and availability of manuals

34A corporation shall develop a continuing educational program for the police, fire departments, medical facilities, other appropriate organizations and agencies, and, as practical, the public residing adjacent to or in the area served by a pipeline, to inform them of the location of the pipeline, potential emergency situations involving the pipeline and the safety procedures to be followed in the case of an emergency.

Safety tests and notices

35A corporation shall

(a) maintain communication facilities for the safe and efficient operation of the pipeline and for emergency situations;

(b) periodically test instruments and equipment at the pipeline stations to verify their proper and safe operation;

(c) continually record the suction and discharge pressures of the pipeline compressor stations;

(d) clearly mark the open and closed positions of sectionalising valves on any high-pressure pipeline;

(e) clearly mark the open and closed positions and the function of isolating valves, blow-down valves and other major valves within a pipeline station; and

(f) post along the boundaries of the pipeline stations signage indicating the name of the corporation and the telephone number to call in the event of an emergency involving the pipeline.

Pipeline control system

36A corporation shall develop and implement a pipeline control system that

(a) comprises the facilities and procedures used to control and monitor the operation of the pipeline;

(b) records historical pipeline operation data, messages and alarms for recall; and

(c) includes a leak detection system that shall be adequate to and reflect the level of complexity of the pipeline, and that shall be adequate to the pipeline location and to the products transported.

Monitoring and surveillance program

37A corporation shall develop a monitoring and surveillance program for the protection of the pipeline, the public and the environment.

Pipeline integrity management program

38A corporation shall develop and implement a pipeline integrity management program.

Correcting defects

39(1)If a corporation finds a level of defect in excess of that allowed by CSA Z662 on its pipeline, the corporation shall document the particulars of the defect, its cause and the corrective action taken or planned to be taken.

39(2)A corporation shall submit the documentation referred to in subsection (1) to the Board when required to do so under section 7.

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Upgraded class locations

40If the class location of a section of a pipeline changes to a higher designation that has a more stringent location factor than that for which the section was designed, constructed and tested, then the corporation shall, within three months after the change, submit the proposed plan to deal with the change to the Board.

Changes of service and increases in operating pressure

41If a corporation proposes a change of service or an increase in the maximum operating pressure for the pipeline, the corporation shall submit an application for the change or increase to the Board.

Deactivation of pipelines

42(1)If a corporation proposes to deactivate the pipeline or a section of it for twelve months or more, or has maintained the pipeline or a section of it in a deactivated mode for twelve months or more, the corporation shall submit an application for deactivation to the Board.

42(2)The application shall include the rationale for the deactivation and the measures to be employed or that were employed for the deactivation.

Reactivation of pipelines

43(1)If a corporation proposes to reactivate the pipeline or a section of it that has been deactivated for twelve months or more, the corporation shall submit an application for the reactivation to the Board.

43(2)The application shall include the rationale for the reactivation and the measures to be employed for the reactivation.

Training programs

44(1)A corporation shall develop and implement a training program for any employee of the corporation or of a contractor who is directly involved in the operation of the pipeline.

44(2)The training program shall instruct the employees or contractors on

(a) the safety regulations and procedures applicable to the day-to-day operation of the pipeline;

(b) responsible environmental practice and procedures in the day-to-day operations of the pipeline;

(c) the procedures for the proper operation of the equipment that the employees or contractors could reasonably be expected to use; and

(d) the emergency procedures set out in the manual developed under section 31, and the procedures for the operation of all emergency equipment that the employees or contractors could reasonably be expected to use.

44(3)The corporation shall ensure that any employee or contractor who attends a training program has a working knowledge of the subject matter of the program at the end of the program.

Safety program

45A corporation shall develop and implement a safety program to anticipate, prevent, manage and mitigate potentially dangerous conditions and exposure to those conditions during all construction, operation and emergency activities.

Environmental management system

46A corporation shall develop and implement an environmental management system to anticipate, prevent, mitigate and manage conditions which pose a hazard to the environment.

Board may order testing and inspection of pipelines

47When the protection of property and the environment and the safety of the public and the corporation’s employees warrant it, the Board may direct a corporation to test, inspect or assess a pipeline in accordance with CSA standards or any other comparable standards.

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Discontinuance and abandonment of pipelines

48An application made by a corporation under subsection 25(1) of the Act for leave to abandon the operation of a pipeline or a section of one shall include the rationale for the abandonment and the measures to be employed in the abandonment.

Notification of incidents

49(1)A corporation shall immediately notify the Board of any incident relating to the construction, operation or abandonment of a pipeline and shall submit to the Board a detailed report on the incident within 48 hours.

49(2)After notification of an incident, a person authorized under section 34 of the Act may partially or completely relieve a corporation from the requirement to submit a detailed incident report.

Corporation audits and inspections of pipelines

50(1)A corporation shall conduct an audit and an inspection on a regular basis to ensure that its pipeline is designed, constructed, operated or abandoned in compliance with

(a) Part 2 of the Act;

(b) this Regulation; and

(c) the terms and conditions of any permit or order issued by the Board, as they relate to the protection of property and the environment and the safety of the public and of the corporation’s employees.

50(2)The audit shall document

(a) the opinions required by section 33 of the Act,

(b) all non-compliance noted, and

(c) any corrective actions taken or planned to be taken.

Pipelines to be inspected for compliance with Board’s requirements

51When a corporation constructs a pipeline, it or an agent shall in accordance with section 33 of the Act secure inspection of the construction to ensure that it meets the requirements of this Regulation and complies with the terms and conditions of any permit, licence or order issued by the Board.

Corporation audits of programs and systems

52(1)A corporation shall regularly conduct an audit of the corporation’s

(a) pipeline control system developed under section 36,

(b) safety program developed under section 45, and

(c) environmental management system developed under section 46.

52(2)The audit program shall cover all aspects of the control system including, where applicable,

(a) communication failures that have an adverse effect on operations or that have a duration of more than one hour;

(b) the supervisory control system and data acquisition system (SCADA);

(c) the leak detection system; and

(d) for oil pipelines, the material balance system.

52(3)The documents prepared following the audit shall include

(a) any deficiencies noted, and

(b) any corrective action taken or planned to be taken.

Records to be retained

53A corporation shall, in addition to complying with the record retention requirements set out in the CSA standards referred to in section 4, retain

(a) until at least six months after the date on which they were recorded or for the life of the pipeline if stored electronically, the records made under paragraphs 35(c) and 36(b);

(b) an annual report on the training program developed under section 44 that compares the actual training received by employees to the planned training;

(c) for the life of the pipeline, any information with respect to the quality assurance program developed under section 14;

(d) for the most recent five years of operation or for the period covered by the two most recent complete audits, whichever period is the longer, the records for the audits and inspections required by sections 50 to 52;

(e) if welding has been done on the pipeline, detailed records of those installations, including

(i) the location of the installation,

(ii) the type of installation,

(iii) the date of installation,

(iv) the welding procedure used,

(v) the carbon equivalent of the pipeline,

(vi) the results of the non-destructive testing performed on the installation, and

(vii) the planned date of removal of the installation;

(f) accurate records of the location of all buried facilities, until they are removed; and

(g) for at least two years after the operation of a pipeline or a section of one has been duly abandoned in accordance with all applicable requirements,

(i) all records available to the corporation in respect of the procedures used in each stage of the manufacture of their construction,

(ii) the production reports and material certificates,

(iii) the specifications and name-plate data, if any, of the pumps, compressors, drivers, storage tanks and other major equipment of the pipeline,

(iv) the performance curves of all pumps and compressors of the pipeline,

(v) the reports of all monitoring and surveillance programs developed under section 37,

(vi) the documentation referred to in section 39 in respect of pipeline defects, and

(vii) the documentation on all incidents reported.

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Commencement

54This Regulation comes into force on January 27, 2006.

SCHEDULE A

Modifications to CSA Z662-19 applicable in the Province

1Clause 10.6 is amended by adding the following clause:

10.6.5Right-of-Way Encroachment

10.6.5.1No person shall construct, erect or install any structure or tangible item on or within the pipeline right-of-way, including but not limited to patios, concrete slabs, buildings, pool houses, garden sheds, swimming pools, hot tubs, fish or other man-made ponds, saunas or fences, unless written permission is first obtained from the operating company.

10.6.5.2No person shall deposit or store any flammable material, solid or liquid spoil, refuse, waste or effluent on or within the pipeline right-of-way.

10.6.5.3Notwithstanding the above, operating companies may erect structures required for the purpose of pipeline system operation on the pipeline right-of-way.

10.6.5.4No person shall operate a vehicle or mobile equipment except for farm machinery or personal recreation vehicles across or within a pipeline right-of-way unless written permission is first obtained from the operating company or the vehicle or mobile equipment is operated within the travelled portion of a highway or public road already existing in the pipeline right-of-way.

10.6.5.5Operating companies shall develop written procedures for periodically determining the depth of cover for pipelines operated over 30% of SMYS of the pipe at MOP. Such written procedures shall include a rationale for the frequency selected for such depth determinations. Where the depth of cover is found to be less than 60 cm in lands being used for agriculture, an engineering assessment shall be done in accordance with clause 3.3 and a suitable mitigation plan shall be developed and implemented to ensure the pipeline is adequately protected from hazards.

2Clause 12.4.11.1 is renumbered as clause 12.4.11.1.1. Clause 12.4.11 is amended by adding the following clauses:

12.4.11.1.2 All new and replacement natural gas service regulators shall comply with the requirements of CSA 6.18-02 (R2017) (Service Regulators for Natural Gas), published by the Canadian Standards Association, including the Drip and Splash Test contained in Appendix A of the said standard. Where a regulator-meter set installation or supplemental protective device providing equivalent protection against regulator vent freeze up passes a successful test in accordance with Appendix C of the said standard, the requirements of Appendix A (Drip and Splash Test) and those contained in clause 14.15 (Freezing Rain Test) of the standard are waived. Evidence of tests completed in accordance with Appendix C of the standard shall be retained by the operating company as permanent records.

12.4.11.1.3Regulator-meter set configurations shall be included in the operating company’s operating and maintenance procedures.

2020-37

N.B. This Regulation is consolidated to December 18, 2020.

2006-2 - Pipeline

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