Who this is for
This page is for federally regulated pipeline companies. Regulations, Guidance Notes, and links to full regulations are on this page.
Pipeline companies build, operate and maintain pipelines, implement a damage prevention program, authorize activities, and locate pipelines within 3 days. They must also follow:
On this page
- Pipeline company’s obligations
- Creating and maintaining a damage prevention program
- Hazard management
- Implementing public awareness programs
- Obligation to report: what needs to be reported to the CER
- Responding to requests
- Locating and marking a pipe
- Inspections and field observations
- Managing vehicle crossings
- Agricultural vehicles
- One-call notification centres
- Obligation to provide information
- Obligations respecting certain locations
- Suspension (of consent)
- Reaching agreement for activities near a pipeline and apportionment of associated costs
- Obtaining assistance from the CER
- Related publications, regulations, and guidance
Pipeline company’s obligations
Regulatory Reference: Pipeline Damage Prevention Regulations – Obligations for Pipeline Companies
Creating and maintaining a damage prevention program
Every federally regulated pipeline company must develop, implement, and maintain a damage prevention program that includes:
- a public awareness program
- ongoing land use monitoring
- a process to ensure timely response to locate requests
- standards for locating a pipeline, and
- a process for managing:
- requests and written consent for ground disturbance activities within the prescribed area (30 m prescribed area)
- facility construction, or
- to operate a vehicle or mobile equipment across the pipeline
For full details, read DPR – Obligations of Pipeline Companies, section 16
Pipeline companies must review trends in unauthorized activities, and take necessary measures to reverse those trends. They must:
- identify and analyze hazards and potential hazards
- implement risk assessment and controls to mitigate risk
For further details, read:
- Section Guidance Notes for the National Energy Board Act Onshore Pipeline Regulations (s) 55 Program Audits
- Management System Processes (s) 6.5 (1) especially items c-f
Implementing public awareness programs
Public awareness programs tell landowners, land users, and other people about the presence of the pipeline. These programs let people know how to work safely around the pipeline, as well as how the company will handle potential emergencies.
Excerpt from regulations on public awareness programs, Section 16 (a)...
- An ongoing public awareness program to inform the public: (i to ix)
- ongoing monitoring of any changes in the use of the land on which a pipeline is located and the land that is adjacent to that land;
- ongoing monitoring of any change in the landowner of the land on which a pipeline is located;
- a process for managing requests for the consent to construct a facility across, on, along or under a pipeline, to engage in an activity that causes a ground disturbance within the prescribed area or to operate a vehicle or mobile equipment across the pipeline.
For full details, read (s) 16 Damage Prevention Program.
Obligation to report: what needs to be reported to the CER
Federally regulated pipeline companies must immediately report:
- every contravention of the Pipeline Damage Prevention Regulations – Authorizations
- all damage to their pipe, caused by either the pipeline company, their contractor, or by any 3rd parties
- all damage to their pipe caused or identified during the construction of a facility across, on, along or under a pipeline, the operation, maintenance or removal of a facility, an activity that caused a ground disturbance within the prescribed area (30 m prescribed area) or the operation of vehicles or mobile equipment across the pipeline, and
- any activity related to the construction of a facility across, on, along or under a pipeline, an activity that caused a ground disturbance within the prescribed area or the operation of vehicles or mobile equipment across a pipeline that the pipeline company considers could impair the safety or security of the pipe
For full details, read Pipeline Damage Prevention Regulations – Obligations of Pipeline Companies, s. 11(1).
Online event reporting system
Regulated companies should notify the CER of the contravention of the DPRs using the online event reporting system to submit the preliminary DPR contravention report immediately or within 24 hours of discovery.
The regulated pipeline company is required to submit a final report in the online event reporting system for each DPR contravention within 30 days of submitting the preliminary UA report.
To make a report, visit Event Reporting System.
To read the guidelines, visit Event Reporting Guidelines.
CER’s response to contraventions of the DPRs
The CER’s response to reports of contraventions of the DPRs will:
- continue to use education and awareness as the primary tools to address contraventions of the DPRs
- provide a consistent and effective response to reports of contraventions of the DPRs encourage parties to learn from contraventions of the DPRs and address gaps to prevent events that could put people and the environment at risk
- use formal compliance and enforcement tools, when required, to ensure public safety and environmental protection
- hold persons and / or companies accountable for safety by addressing underlying causes of contraventions of the DPRs to prevent future unsafe work around pipelines
For full details, visit Compliance and Enforcement.
The pipeline company must keep a record of all construction of facilities across, on, along, or under a pipeline and of all activities that cause a ground disturbance within the prescribed area (30 m prescribed area) for the life of the pipeline.
Every pipeline company that is required by these Regulations to keep records must make the records, and all other materials necessary to verify the information in those records, available to the CER and other persons authorized by the CER for that purpose and must give the CER and other authorized persons any assistance necessary to inspect the records.
For full details, read 12 - Records.
Responding to requests
Pipeline companies must reply to requests for authorization for activities in the prescribed area or vehicle crossings within 10 days. They must inform the person making the request whether it has been granted or denied.
If the pipeline company denies the request, they must provide the reason(s) for the refusal. The pipeline company must also provide the proponent with information on how to contact the CER for assistance.
Details on responding to requests...
When a pipeline company receives a request for written consent for ground disturbance activities within the prescribed area (30 m prescribed area) or facility construction, or to operate a vehicle or mobile equipment across the pipeline, the pipeline company must, within 10 working days after receiving the request, inform the person that made the request whether the consent has been granted or refused and, in the case of a refusal, the reasons for the refusal.
For full details, read DPR – Obligations of Pipeline Companies, section 3(1)
Locating and marking a pipe
The pipeline company must locate a pipe within 3 working days of receiving a locate request, unless both sides agree to allow more time to locate the pipe.
When marking the pipeline, the pipeline company must:
- give written safety practices to the person making the locate request, and
- mark the pipeline and explain what the markings mean
Details for marking and locating a pipe...
If a pipeline company receives a request to locate its pipes from a person that intends to conduct ground disturbance activities within the prescribed area or facility construction, the pipeline company must, within 3 working days after the day on which the request is made, or any longer period agreed to by the pipeline company and that person,
- inform the person, in writing, of safety practices to be followed while working in the vicinity of its pipes and, in case of a ground disturbance, within the prescribed area;
- mark the location of its pipes in the vicinity of the proposed facility or the prescribed area at maximum intervals of 10 m along each pipe using markings that are clearly visible and distinct from any other markings that may be in the vicinity of the proposed facility or the prescribed area; and provide information to the person that clearly explains the significance of the markings
For full details, read DPR – Obligations of Pipeline Companies, section 6(1) (a)-(c)
Inspections and field observations
The pipeline company has to be present during most activities that cause a ground disturbance near the pipe, and must inspect all exposed pipe prior to any backfilling over the pipe.
For full details, read DPR – Obligations of Pipeline Companies, section 8
Managing vehicle crossings
Pipeline companies are responsible for:
- identifying areas where normal agricultural activities could damage the pipe
- notifying the affected landowner or land user of these areas, and
- for taking measures to resolve any issues
Rules for managing agricultural vehicle crossings...
7 Even if the condition set out in paragraph 13(1)(a) of the Pipeline Damage Prevention Regulations – Authorizations is met, when the operation of vehicles or mobile equipment across a pipeline at specific locations for the purposes of performing an agricultural activity could impair the pipeline’s safety or security, the pipeline company must identify those locations and notify the following persons in writing of those locations:
- landowners of the specific locations in question; and
- persons that are engaged in agricultural activities, rent or lease the land or work as service providers or employees at the specific locations in question
For full details, read:
- Damage Prevention Pipeline Regulations – Obligations (s) 7 Obligations Respecting Certain Locations
- Section 12 – Authorization – operation across a pipeline
- Section 13 – Authorization – agricultural activity
Construction equipment and non-agricultural vehicles
Pipeline companies must be able to assess what vehicles pose a danger to the pipeline, and determine what can be permitted on the right-of-way.
Authorization – operation across a pipeline...
Authorization – operation across pipeline
12 Subject to section 13 and for the purposes of paragraph 112(2)(a) of the Act, the operation of a vehicle or mobile equipment across a pipeline is authorized if the person that intends to operate the vehicle or mobile equipment across the pipeline obtains the pipeline company’s written consent.
One-call notification centres
Federally regulated pipeline companies must register their facilities with one-call notification centres. Note: this applies to provinces where one-call notification centres are available.
Please refer to 2 - One-call Centre for details.
Obligation to provide information
Federally regulated pipeline companies must:
- post information that is easily accessible by the public
- respond within 10 working days to anyone:
- making requests to construct a facility on, along, across, or under a pipeline
- making requests to cause a ground disturbance within the prescribed area (30 m prescribed area)
Please refer to 4 - Obligation to Provide Information for details.
Obligations respecting certain locations
For agricultural activities or vehicle crossings, pipeline companies must:
- identify specific locations where vehicle crossings or agricultural activities could impair the pipeline’s safety or security
- notify the persons engaged in the activities of the specific locations
Please refer to 7 - Obligations Respecting Certain Locations for details.
Suspension (of consent)
Federally regulated pipeline companies may suspend consent if the work might impair the pipeline’s safety or security. This includes:
- constructing a facility on, along, or under a pipeline, or
- causing a ground disturbance within the prescribed area (30 m prescribed area)
Please refer to 10 - Suspension for details.
Reaching agreement for activities near a pipeline and apportionment of associated costs
The CER encourages pipeline companies and anyone planning to conduct an activity near a pipeline to work together to reach agreement regarding activities within the prescribed area, or for crossing a pipeline. The regulations require that the written consent provided by the pipeline company outlines how to safely carry out activities near the pipeline.
If there are costs directly incurred as a result of the authorized construction or disturbance, the parties are encouraged to reach agreement on how these costs will be addressed.
If parties are not able reach an agreement on either of these elements, they can seek assistance from the CER.
Obtaining assistance from the CER
The CER expects that the vast majority of activity requests made to pipeline companies will result in a timely issuance of written consent for the proposed activity to occur. However, if the person(s) who is planning to conduct an activity near the pipeline is experiencing difficulty agreeing on the terms of the work, or who pays for costs related to authorized construction or activities, they can contact the CER for assistance.
There are two approaches available to manage disagreements, both of which can be accessed by filing a section 335 application:
Alternative Dispute Resolution (ADR): ADR is a voluntary and confidential way for parties to jointly resolve disputes. It includes negotiation, facilitation and mediation. The CER encourages parties to use ADR to resolve issues to explore and understand interests, and develop acceptable solutions where possible.
Note: ADR services can be requested at any time and prior to filing a section 335 application; however, both parties to the dispute must agree to participate
Adjudication (Hearing and Decision): if a dispute cannot be resolved through ADR, or if the parties do not wish to participate in ADR, they can request the Commission to conduct a hearing to determine the matter.
Potential applicants can refer to the following guidance documents for additional information:
- Section 335 Applications – Process Guidance for Applicants
- Section 335 Applications – Guiding Principles for Cost Apportionment Decisions
Related publications, regulations, and guidance
- Pipeline Damage Prevention Regulations – What You Need to Know
- Living and Working Near Pipelines
- Pipeline Damage Prevention – Ground Disturbance, Construction and Vehicle Crossings
- Damage Prevention Guidance for Municipal Operations and Maintenance
- Guidance Notes – Regulations for Pipeline Damage Prevention
- Pipeline Damage Prevention Regulations
Damage prevention publications are available to the public. To access these publications, you can:
- request publications directly on the Requests for publications page, or
- visit the Contact us – Library page
National Energy Board Act (repealed)
Concordance between the Canadian Energy Regulator Act and National Energy Board Act (Related document to NEB Act)
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