Order BL-001-2020 pursuant to Section 109 of the Canadian Energy Regulator Act

INSPECTION OFFICER ORDER NO. BL-001-2020-AMENDED

IN THE MATTER OF THE CANADIAN ENERGY REGULATOR ACT,
AN ORDER UNDER SECTION 109

NAME OF PERSON(S)/COMPANY TO WHOM THIS ORDER IS DIRECTED

Information not available, is a person conducting work associated with a: vehicle crossing and construction of a facility on or near a federally regulated facility located at Information not available Ontario.

On or about 23 March 2020 at 14:07pm the undersigned Canada Energy Regulator (CER) inspection officer received a telephone call from Enbridge Pipelines Inc. (Enbridge) owner of the facility (Line 10) located at Information not available Ontario notifying of a contravention sections 335(1) & (2) of the CER Act.

RELEVANT FACTS

  • Between 19 March 2020 and 9 April 2020, the CER was told by Enbridge that the landowner has conducted numerous unauthorized activities consisting of operating a bulldozer, and adding crushed cement and other fill materials across Enbridge Line 10.
  • On 19 March 2020 Enbridge submitted an initial unauthorized activity report UX2020-048 to the CER.
  • Between 23 March 2020 and 9  April 2020 Enbridge told the CER that specific actions have been initiated to in order to attempt to resolve the matter with the landowner to no avail.
  • On 9 April 2020 the CER spoke with the landowner by phone at 8:44 am EST, the details of the call are as follows:
    • CER explained that Enbridge Line 10 is a CER-regulated pipeline, and that the CER had been notified of continued unauthorized activity regarding the operation of a bulldozer, and adding crushed cement and other fill materials across Enbridge Line 10 that may impact the safety of the landowner, the public and the pipe.
    • The CER explained that the regulation requires the landowner to notify the company before undertaking activities and that the pipeline company is required to locate the pipe, assess the activity for safety with respect to the pipe and provide information so that the activity can be done safely. This is done through crossing agreements and locate documentation. The CER also discussed its jurisdiction for regulated pipelines, the associated regulations, easement agreements and what is allowed on a pipeline Right of Way.
    • The landowner told the CER that the TSSA had already been to the property and someone “had called environment on him”.
    • The landowner told the CER that he was aware of the easement, but didn’t think that it was valid due to the age of it. The landowner advised he would contact his legal representative.
    • The landowner also told the CER that he knew where the pipe was because he was there when it was previously exposed and that “he was improving the safety by laying gravel over it”.
    • The landowner told the CER that Enbridge had provided him with “a package of stuff” and was sure that his crossing agreement was in there along with locate documentation, however, he had not opened it and read it.
    • The landowner confirmed that Enbridge currently has field representatives patrolling the location 24/7.
    • The Landowner was unwilling to discuss further and told the CER that it should “come at him with the penalties”, that he didn’t have time for this and ended the call.

DAMAGE PREVENTION

Based on the facts referenced herein, the inspection officer has reasonable grounds to believe that there is or is likely to be a contravention of section 335 of the Canadian Energy Regulator Act (CER Act). Pursuant to section 109 of the CER Act, the inspection officer may, by order, direct a person to

Based on the facts references herein, the inspection officer has reasonable grounds to believe that there is or is likely to be a contravention of Parts 2 to 5 or section 335 of the Canadian Energy Regulator Act (CER Act), or for a purpose referred to in subsection 102(2) CER Act, the inspection officer may, by order, direct a person to

  1. stop doing something that is in contravention of Parts 2 to 5 or section 335 or cause it to be stopped;
  2. take any measure that is necessary in order to comply with Parts 2 to 5 or section 335 or mitigate the effects of non-compliance;
  3. stop doing something that may cause a hazard to the safety or security of persons, or damage to property or the environment or cause it to be stopped; or
  4. take any measure that is necessary to prevent or mitigate the hazard to the safety or security of persons or damage to property or the environment.

MEASURES TO BE TAKEN

Information not available is ORDERED pursuant to subsections 109(1) and 109(2) of the CER Act to:

   Take measures specified as per (b) and (d) above
 X Stop doing something as per (a) and (c) above
 X Suspend work associated with a facility, including a regulated facility, abandoned facility or ground disturbance until the hazardous or detrimental situation has been remedied to the satisfaction of an inspection officer or the order is stayed or rescinded

Specified MeasuresFootnote 1:

Information not available, and/or any person on his behalf, is to immediately stop all activity on or near the pipeline Right of Way which includes all/any vehicle crossings, addition or removal of fill materials over the pipeline, and movement of any fill materials already placed over the pipeline and within the pipeline Right of Way.

EFFECTIVE DATE OF THE ORDER

This Inspection Officer Order takes effect immediately on 14 April 2020 at the time of delivery of the order to the person to whom it is directed. Nothing in this order shall be construed as reducing, increasing, or otherwise affecting what may be required of the person to whom it is directed to comply with all applicable legislative or legal requirements.

COMPLIANCE WITH THIS INSPECTION OFFICER ORDER IS MANDATORY

Failure to comply with an inspection officer order issued under section 109 is an offence under section 112 of the CER Act and failure to comply with subsection 335(1) is an offence under subsection 335(9) of the CER Act.

Inspection Officer
Inspection Officer Information not available


Information not available
__________________________________
Signature
IO Designation Information not available
4/14/2020
Date
Suite 210, 517 10th Avenue SW Calgary AB  T2R 0A8

Please note that in compliance with the CER’s Enforcement Policy, this Order will be posted on the CER’s website.

 

CVA or Incident #: CV1920-490

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