Filing Manual – Guide D – Deviations (NEB Act s.45)

In some cases during construction the pipeline has to be relocated due to new facts or changes in design (e.g., a new river or railroad crossing or newly found archaeological site). In those situations, only a section 45 application is required.

Section 45 requires a company to file a plan, profile and book of reference when changing the location of a pipeline. This applies whether the pipeline is approved and located or is already constructed. However, section 45 does not give authority to construct; therefore, in cases where the pipeline is already constructed, an application under section 52 or 58 must also be filed, unless the facilities fall within the Section 58 Streamlining Order.

Goal

The application should include the rationale for the deviation as well as information with respect to the proposed route, the landowner's comments (if any), the service of notices on landowners, and the land acquisition process.

D.1 Filing Requirements – Lands

1. Provide the order number and date of the approval of the original PPBoR.

2. Provide a PPBoR drawing showing the approved route.

3. Provide a PPBoR drawing showing the location of the proposed deviated, changed or altered route for approval.

4. Provide the starting and ending points of the deviation (kilometre post to kilometre post).

5. Include a map at an appropriate scale that indicates the location of the deviation, alteration or change in relation to both the approved detailed route and the certificated route of the pipeline. Include surrounding natural and man-made features on the map.

6. Describe any new lands required including the status of acquisition of the lands and the status of service of subsection 87(1) notices.

7. Describe any landowner concerns and how those concerns will be addressed, including the date(s) responses will be provided to the landowner(s) or evidence to demonstrate that the affected landowners consent to the deviation.

8. For an application filed pursuant to subsection 45(3) of the NEB Act for an exemption from the provisions of section 45, include:

  • the order number and date of the approval of the original PPBoR;
  • the starting and ending points of the deviation (kilometre post to kilometre post);
  • the maximum distance of deviation from centre line;
  • a PPBoR drawing showing the approved route and the proposed deviation;
  • a map at an appropriate scale that indicates the location of the deviation, alteration or change in relation to both the approved detailed route of the pipeline and the certificated route of the pipeline. Include the surrounding natural and man-made features on the map;
  • a description of any new lands required including the status of acquisition of the lands and the status of service of subsection 87(1) notices;
  • a description of landowner concerns and how those concerns will be addressed, including the date(s) responses will be provided to the landowner(s); or
  • evidence to demonstrate that the affected landowners consent to the deviation.

D.2 Filing Requirements – Environment and Socio-Economic Assessment

1. Describe how the effects have already been considered in an ESA by the NEB; or

2. If the environmental and socio-economic effects have not been previously addressed by an ESA, provide the filing requirements outlined in Guide A, Section A.2.

Guidance

To address the environmental and socio-economic effects of a deviation that have not been previously assessed, applicants are referred to Guide A, Section A.2. Applicants should carefully review the sections discussing the scoping of the ESA and the level of detail required. Appropriate scoping ensures the ESA will focus on relevant issues and concerns, and assists in determining the appropriate level of effort to be used to prepare the ESA.

Next Steps...

Next Steps...

File the completed application. Applicants are encouraged to include the completed relevant checklists from Appendix I.

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