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Home > Acts and Regulations > Rules, Regulations, Guidelines, Guidance Notes and Memoranda of Guidance pursuant to the National Energy Board Act > Filing Manual > Filing Manual - Guide C - Protection of Pipelines from Crossing Activities and Mining Operations

Filing Manual - Guide C - Protection of Pipelines from Crossing

C.1 Construction of Facilities Across Pipelines (NEB Act s. 112)

Goal

The application includes information with respect to:

  • the facility proposed or constructed across, on, along or under a pipeline (subsection 112(1));
  • excavation using power-operated equipment or explosives within 30 metres of the pipeline (subsection 112(1));
  • the vehicle or mobile equipment proposed to operate across the pipeline outside the travel portion of a highway or public road (subsection 112(2)); or
  • the facility across, on, along or under the pipeline that is to be reconstructed, altered or removed (subsection 112(4)).

Filing Requirements

1. For an application filed under subsection 112(1) to construct a facility across, on, along or under a pipeline where permission has not been obtained from the pipeline company, provide:

  • the purpose and location of the proposed facility;
  • a description of the proposed facility; and
  • the rationale for seeking approval from the Board.

2. For an application filed under subsection 112(1) to excavate using power-operated equipment or explosives within 30 metres of a pipeline where permission has not been obtained from the pipeline company, provide:

  • the purpose and location of the activity;
  • a description of the equipment or explosives; and
  • the rationale for seeking approval from the Board.

3. In accordance with the requirements of the CEA Act (see Section A.2 within Guide A) applications under subsection 112(1) will include an ESA, unless the project is on the CEA Act Exclusion List.

4. For an application filed under subsection 112(2) to operate a vehicle or mobile equipment across a pipeline where permission has not been obtained from the company (unless the operation is within the travelled portion of a highway or public road), provide:

  • the purpose and location of the activity;
  • a description of the vehicle or equipment; and
  • the rationale for seeking approval from the Board.

5. For an application filed under subsection 112(4) to direct the owner of a facility constructed across, on, along or under a pipeline, to reconstruct, alter or remove the facility, provide:

  • the purpose and location of the facility;
  • the purpose for the reconstruction, alteration or removal of the facility; and
  • the rationale for seeking approval from the Board.

Guidance

The information required for this application can be filed with the Board in the form of a letter. A copy of the letter should be sent to all affected parties so they can review the information and forward any comments they may have to the Board.

Provide as much information as possible about the efforts made to seek approval for the activity prior to making the application to the Board. This may include copies of letters exchanged with all affected parties or minutes of meetings.

The Board may request additional information when an application is filed, depending on the circumstances of the project.

Applicants can refer to Section A.2 in Guide A for guidance with respect to the ESA process. NEB staff can provide assistance in determining whether the project requires an ESA. In general, smaller projects that landowners may want to carry out may result in a less extensive ESA.

C.2 Protection of Pipelines from Mining Operations (NEB Act s. 81)

This section is applicable to proposed mines or mineral work that will take place within 40 metres of the RoW of a federally regulated pipeline.

An application under section 81 may involve pipeline crossings and therefore, an application pursuant to section 112 may also be required.

Goal

The application includes information with respect to:

  • the portion of the pipeline affected by the proposed mines or mineral work;
  • an environmental screening;
  • any crossings; and
  • any seismic program or explosives involved.

Filing Requirements

1. As required by subsection 81(3) of the NEB Act, provide a plan and profile for the portion of the pipeline to be affected.

2. In accordance with the requirements of the CEA Act (see Section A.2 within Guide A) applications under section 81 shall include an ESA, unless the project is on the CEA Act Exclusion List.

3. Provide all reasonable and necessary information and details respecting the proposed mine or mineral work, including:

  • project title and contact information for the company, contractors and sub-contractors;
  • the name and contact information of the affected pipeline company;
  • legal description of the lands to be affected;
  • a map indicating the location of the pipeline(s); and
  • a statement certifying that the pipeline company and the Board will be contacted at least 72 hours prior to conducting the project.

4. If the project involves crossing a pipeline, also include:

  • the proposed crossing date; and
  • evidence that an approved crossing agreement is in place.

5. If the application is for a seismic program or involves explosives:

  • indicate the type of seismic program (e.g., 2D, 3D);
  • provide the plat of the seismic program;
  • identify the source (e.g., dynamite or vibroseis);
  • identify the size of the dynamite charge, if applicable; and
  • confirm that the program will be conducted in accordance with all applicable regulations.

Guidance

Submitting a Pipeline Notification Form to the Board is not considered an application or an approval for the activity.

Conditions of approval may include the requirement for mitigation plans that ensure public safety if live charges cannot be removed from the ground.

Applicants can refer to Section A-2 in Guide A for guidance with respect to the ESA process. NEB staff can provide assistance in determining whether the project requires an ESA. In general, smaller projects that landowners may want to carry out may result in a less extensive ESA.

Next Steps...

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

 

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Date Modified:
2011-10-28