ARCHIVED — Vol. 147, No. 7 — February 16, 2013

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Administrative Monetary Penalties Regulations (National Energy Board)

Statutory authority

National Energy Board Act

Sponsoring agency

National Energy Board

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Background

The Jobs, Growth and Long-term Prosperity Act, portions of which came into force on July 6, 2012, included changes to a number of pieces of legislation, including the National Energy Board Act (Act). As part of these changes, new provisions were added to the Act (sections 134 to 154) that established a system of administrative monetary penalties (AMPs) to promote compliance with the Act. The amendments to the Act were part of the Government of Canada’s plan for Responsible Resource Development, the federal government’s systematic and comprehensive plan to create jobs, growth and long-term prosperity while strengthening our world-class protection of the environment for future generations. Responsible Resource Development introduced legislation to advance a system-wide approach for improved federal reviews of major natural resource projects including additional enforcement tools such as AMPs which will be used to strengthen environmental protection and to increase compliance with the Act and its regulations.

Issues and objectives

The National Energy Board (NEB) considers safety and environmental protection at the forefront of its responsibilities, and is committed to continuous improvement of the safety performance of its regulated companies. The NEB has a compliance verification and enforcement toolkit that it uses to regulate safe performance of NEB-regulated facilities. When safety concerns are identified, the NEB can issue advisories, request corrective action, issue orders to restrict operations, or pursue court-based proceedings. With the introduction of AMPs, the NEB will have an enforcement toolkit that spans the entire spectrum of consequences possible to respond to non-compliance.

The new provisions of the Act provide many of the details of the AMPs system such as maximum penalties, rules about violations, the process for requesting a review, and the recovery of penalties. For AMPs to be implemented, however, the Board must make the Administrative Monetary Penalties Regulations (proposed Regulations) that specify the following elements:

  • designating violations that could be subject to a monetary penalty;
  • the method for determining the amount payable as the penalty; and
  • the method of serving documents.

The proposed Regulations would not create new regulatory requirements. Rather, they would provide the NEB with an additional enforcement tool to promote compliance with existing requirements under the Act and its regulations. The ability to issue monetary penalties will help the Board promote compliance so that NEB-regulated facilities are safe and do not harm the environment.

Description

Designating violations

The proposed Regulations include a schedule (Schedule 1) that lists each section of the Act and its regulations that would be designated as a violation subject to an AMP if contravened. Contravention of an order or decision made under the Act, as well as failure to comply with a term or condition of a certificate, licence, permit, leave or exemption granted under the Act, would also be designated as a violation subject to an AMP.

Calculating the penalty

The proposed Regulations would start with a baseline penalty that can be increased or decreased using a number of adjustment factors that are listed in the proposed Regulations. Section 4 lists nine adjustment factors that can be applied if the situation warrants, and each factor is accompanied by a number of gravity levels. The sum of all gravity levels determines how much the penalty can be increased or decreased from the baseline. Schedule 2 in the proposed Regulations shows all the potential gravity levels and the corresponding penalty amounts. Note that the baseline penalty starts with a gravity level of zero, so if no adjustment factors are applied, the final gravity level would continue to be zero and the final penalty amount would correspond to that gravity level.

The proposed adjustment factors are designed to promote certain behaviours such as prompt voluntary reporting, undertaking mitigation activities quickly, and taking steps to prevent recurrence of a violation. By contrast, the factors are also intended to deter behaviours such as negligence, repeat violations, and financial gain from a violation. The complete list of adjustment factors can be found in the proposed Regulations.

It is important to note that a penalty could not be increased beyond the maximum penalties set out in subsection 134(2) of the Act of $25,000 for individuals and $100,000 for any other person (e.g. companies).

Serving notice

An individual or company who has committed a violation would be issued a notice of violation that describes the facts surrounding the violation, the amount and manner of paying the penalty, and the person’s right to request a review. The proposed Regulations would require that notices of violation and any other documents be served in person, through registered mail, courier, fax or other electronic means.

Consultation

Consultations on the proposed approach to AMPs were conducted from July 5, 2012, to September 28, 2012, beginning with the release of a discussion paper entitled “Administrative Monetary Penalties under the National Energy Board Act.” A letter was distributed to stakeholders informing them of the release of the discussion paper and inviting comments on the AMPs proposal. The letter was posted on the NEB Web site and sent to over 600 organizations and individuals including NEB-regulated companies, Aboriginal groups, general interested parties, associations and provincial governments, as well as past participants in damage prevention workshops organized by the NEB.

During the public comment period, the NEB met with several groups to discuss the AMPs proposal, answer questions and solicit feedback. These groups included industry associations, regulated companies, organizations representing farmers and landowners, as well as other federal government departments and agencies. A webinar was held on September 6, 2012, with numerous organizations and individuals from across the country participating through webcasting and teleconference.

A total of 15 written submissions were received during the comment period. Many of the comments and questions submitted were regarding the implementation of AMPs, including the place of AMPs within the NEB’s broader enforcement toolkit; how AMPs will be used in the context of the NEB’s damage prevention program; how daily penalties will be applied; and the application of AMPs to the electricity sector. The NEB is currently revising its enforcement policy to integrate AMPs into the existing set of enforcement measures, as well as developing processes to administer AMPs. Implementation-related issues will be addressed through future consultations on a revised enforcement policy and other guidance material. A number of comments submitted were directly related to the regulatory proposal and these issues are described below.

Categories of violations

Several stakeholders expressed concern about the proposal to classify violations as “serious” or “very serious.” It was suggested that these classifications may not accurately describe all types of violations and could imply a level of judgement regarding the potential impacts of a particular violation.

To remove any suggestion of judgement, the proposed AMPs Regulations classify violations as “Type A” or “Type B.”

Penalty amounts

Some stakeholders suggested that penalties should be set high enough to deter non-compliance with regulatory requirements, particularly where a violation results in harm to people or the environment. Comments by Aboriginal peoples indicated that proposed penalties would not be sufficient to compensate for damage done, either permanently or temporarily, to their traditional way of life. Other stakeholders expressed concern that issuing daily penalties for continuing violations could be punitive.

The maximum penalties for a violation by an individual or by any other person are set out in the Act and the proposed Regulations cannot exceed these penalty amounts. An adjustment factor has been included in the proposed Regulations that could increase the baseline penalty if the violation is related to harm to people or the environment. This factor recognizes that harm to Aboriginal traditional ways of life can be particularly detrimental and should be deterred. It should be noted that AMPs are intended to promote compliance, not to compensate for damage. The continuing violation provision is set out in the Act; therefore, it cannot be changed through the proposed Regulations.

Compliance agreements

Stakeholders commented that compliance agreements should be made available to all persons and not limited to individuals and small businesses as proposed in the discussion paper. It was also suggested that an additional penalty should be levied if the terms of a compliance agreement were not fulfilled.

After further analysis of legislative authorities in the Act and the NEB’s existing compliance activities, compliance agreements have been removed from the AMPs proposal.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as there are no costs to small business.

Rationale

The proposed Regulations will achieve the objectives outlined above by providing the details that are required to implement the AMPs system set out in the Act. Namely, the proposed Regulations would clearly describe what contraventions and non-compliance would be designated as violations that could be subject to an AMP, the method for calculating the amount payable for each violation, and the method by which documents must be served.

The NEB conducted a benchmarking study that examined how AMPs are designed and applied by regulators in other sectors, provinces and countries. By adapting best practices from other jurisdictions and consulting with stakeholders, the NEB is of the view that the proposed Regulations represent a fair, balanced and effective approach to promoting compliance with the Act and its regulations.

Regulatory and non-regulatory options considered

The Act requires that regulations be developed to provide the details necessary for AMPs to be implemented. Non-regulatory options would not fulfill this requirement and were therefore not considered.

Expected costs and benefits

There are no expected costs associated with the proposed Regulations as they would not create any new regulatory requirements, nor would they impose additional administrative or compliance costs on NEB-regulated companies, businesses or the Canadian public.

It is expected that the proposed Regulations would result in net benefits to Canadians through increased compliance with the requirements of the Act and its regulations that are meant to promote the safety of workers and the public and the protection of the environment. Industry may also benefit as more comprehensive enforcement of regulatory requirements could increase public trust that Canadian energy infrastructure will be constructed and operated in a manner that is safe, secure and protective of the environment.

Implementation, enforcement and service standards

The sections of the Act that would create a system of AMPs are not currently in force and require an Order in Council (OIC) to take effect. It is anticipated that the OIC would be made just before or at the same time as the proposed AMPs Regulations. The proposed Regulations would then come into force on the day that the OIC is made or shortly thereafter.

The NEB has a number of compliance verification and enforcement measures that it currently uses to promote compliance with the Act and its regulations. These include warnings, assurances of voluntary compliance, corrective action plans, inspection officer orders and Board safety orders. The objective of these enforcement tools is to obtain compliance as quickly and effectively as possible. While AMPs would be an additional enforcement tool, in most cases existing enforcement measures have been effective in obtaining compliance, so it is anticipated that they would continue to be used robustly. AMPs could be used if other measures have not been effective in obtaining compliance, if harm is or might be caused by the violation, or if AMPs would be the most appropriate tool to use in a particular situation. It should also be noted that enforcement tools are not mutually exclusive and more than a single measure may be employed to obtain compliance or deter future non-compliance. The NEB will be developing, and consulting publicly on, a revised enforcement policy to provide additional details on how AMPs are expected to be integrated into the existing enforcement framework.

Contact

Suchaet Bhardwaj
Market Analyst
Regulatory Approaches
Strategy and Analysis
National Energy Board
444 Seventh Avenue SW
Calgary, Alberta
T2P 0X8
Telephone: 403-299-2746
Fax: 403-299-3664
Email: Suchaet.Bhardwaj@neb-one.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the National Energy Board, pursuant to section 134 (see footnote a) of the National Energy Board Act (see footnote b) and subject to the approval of the Governor in Council, proposes to make the annexed Administrative Monetary Penalties Regulations (National Energy Board).

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part Ⅰ, and the date of publication of this notice, and be addressed to Suchaet Bhardwaj, Market Analyst, National Energy Board, 444 Seventh Avenue Southwest, Calgary, Alberta, T2P 0X8 (tel.: 403-299-2746 or 1-800-899-1265; fax: 403-299-3664; e-mail: suchaet.bhardwaj@neb-one.gc.ca).

Ottawa, February 7, 2013

JURICA ČAPKUN
Assistant Clerk of the Privy Council

ADMINISTRATIVE MONETARY PENALTIES REGULATIONS (NATIONAL ENERGY BOARD)

INTERPRETATION

Definition of “Act”

1. In these Regulations, “Act” means the National Energy Board Act.

DESIGNATED PROVISIONS

Provisions of the Act or regulations

2. (1) The contravention of a provision of the Act or any of its regulations that is set out in column 1 of Schedule 1 is designated as a violation that may be proceeded with in accordance with sections 134 to 154 of the Act.

Orders and decisions

(2) The contravention of any order or decision made under the Act is designated as a violation that may be proceeded with in accordance with sections 134 to 154 of the Act.

Terms and conditions

(3) The failure to comply with any term or condition of any certificate, licence, permit, leave or exemption that is granted under the Act is designated as a violation that may be proceeded with in accordance with sections 134 to 154 of the Act.

Discrepancy

(4) In the event of a discrepancy between the short-form descriptions in Schedule 1 and the provision to which it pertains, the provision prevails.

CLASSIFICATION

Provisions

3. (1) The violation of a provision that is set out in column 1 of Schedule 1 is classified as a Type A or Type B violation as set out in column 3 of that Schedule.

Orders, decisions, terms or conditions

(2) The contravention of an order or decision referred to in subsection 2(2) or the failure to comply with a term or condition referred to in subsection 2(3) is a Type B violation.

PENALTIES

Penalty

4. (1) The penalty for a violation is the amount set out in column 2 or 3 of Schedule 2 that corresponds to the type of violation, the total gravity value set out in column 1 and whether the violation was committed by an individual or a person other than an individual.

Determination of final gravity level

(2) The total gravity value in respect of a violation is to be established by considering each of the criteria in column 1 of the table to this section, by ascribing to each criterion an appropriate gravity value, having regard to the circumstances of the violation, from those set out in column 2 and by adding the values obtained.

Table

Item

Column 1


Criteria

Column 2

Effect on Gravity Value

1.

Whether the person who committed the violation has other violations in the previous 7 years

0 to +2

2.

Whether the person derived any competitive or economic benefit from the violation

0 to +2

3.

Whether the person made reasonable efforts to mitigate or reverse the violation’s effects

–2 to +2

4.

Whether there was negligence on the part of the person who committed the violation

0 to +2

5.

Whether the person provided all reasonable assistance to the Board with respect to the violation

–2 to +2

6.

Whether the person, after becoming aware of the violation, promptly reported the violation to the Board

–2 to +2

7.

Whether the person has taken any steps to prevent recurrence of the violation

–2 to +2

8.

For type B violations, whether the violation was primarily a reporting or record-keeping requirement failure

–2 to 0

9.

Whether there are any other aggravating factors in relation to the risk of harm to people or the environment

0 to +3

SERVICE OF DOCUMENTS

Manner of service

5. (1) The service of a document required or authorized under section 139, 144 or 147 of the Act is to be made by

  • (a) in the case of an individual,

    • (i) leaving a copy of it with the individual,

    • (ii) leaving a copy of it with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence, or

    • (iii) sending a copy of it by registered mail, courier, fax or other electronic means to the individual’s last known address or usual place of residence; and

  • (b) in the case of a person other than an individual,

    • (i) leaving a copy of it at the person’s head office or place of business with an officer or other individual who appears to manage or be in control of the head office or place of business,

    • (ii) sending a copy of it by registered mail, courier or fax to the person’s head office or place of business, or

    • (iii) sending a copy of it by electronic means other than by fax to any individual referred to in subparagraph (i).

Deemed service

(2) A document — other than a document that is personally served — is considered to be served

  • (a) in the case of a copy that is left with an adult referred to in subparagraph (1)(a)(ii), on the day on which the document is left with the adult;

  • (b) in the case of a copy that is sent by registered mail or courier, on the tenth day after the date indicated in the receipt issued by the postal or courier service; and

  • (c) in the case of a copy sent by fax or other electronic means, on the day on which it is transmitted.

COMING INTO FORCE

S.C. 2012, c. 19

6. These Regulations come into force on the day on which section 98 of the Jobs,Growth and Long-term Prosperity Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

SCHEDULE 1
(Subsections 2(1) and (4) and subsection 3(1))

VIOLATIONS
PART 1
NATIONAL ENERGY BOARD ACT

Item

Column 1

Provision

Column 2

Short-form Description

Column 3

Classification

1.

29(1)

Construction or operation of a pipeline by a person other than a company

Type B

2.

30(1)

Operation of a pipeline without a certificate and leave to open

Type B

3.

31(a)

Construction of a pipeline without a certificate

Type B

4.

31(c)

Construction of a pipeline without an approved plan, profile and book of reference

Type B

5.

45(1)

Failure to submit for approval a plan, profile and book of reference

Type B

6.

47(1)

Opening a pipeline or section of pipeline for transmission without leave

Type B

7.

51

Failure to provide assistance

Type B

8.

58.1

Construction or operation of an international power line without a permit or certificate

Type B

9.

58.26(a)

Construction of an international or interprovincial power line without approval of a plan, profile and book of reference

Type B

10.

58.29(1)

Construction or operation of an interprovincial or international power line without leave

Type B

11.

58.31(1)

Construction of a facility or excavation without leave

Type B

12.

58.31(2)

Failure to obtain required leave

Type B

13.

58.34(1)

Abandonment of a designated international power line or interprovincial power line without leave

Type B

14.

74(1)

Failure to obtain required leave

Type B

15.

75

Failure to do as little damage as possible in exercising the powers granted and to compensate for damage

Type B

16.

81(1)

Failure to obtain required leave

Type B

17.

108(1)

Construction of a pipeline without certificate or order

Type B

18.

109

Construction or operation of a pipeline without a certificate or order

Type B

19.

112(1)

Construction of a facility or excavation without leave

Type B

20.

112(2)

Failure to obtain required leave

Type B

PART 2
ONSHORE PIPELINES REGULATIONS, 1999

Item

Column 1

Provision

Column 2

Short-form Description

Column 3

Classification

1. 

4

Failure to ensure that a pipeline is designed, constructed, operated or abandoned as prescribed

Type B

2.

6

Failure to design, construct, operate or abandon as prescribed

Type B

3.

6.1

Failure to establish, implement and maintain a management system as prescribed

Type B

4.

6.2(1)

Failure to appoint an accountable officer and to ensure that the management system is established, implemented and maintained as prescribed

Type B

5.

6.2(2)

Failure to notify the Board as prescribed

Type A

6.

6.2(3)

Failure to ensure that the accountable officer has authority as prescribed

Type B

7.

6.3(1)

Failure to establish policies and goals as prescribed

Type B

8.

6.3(2)

Failure to base the management system on established policies and goals as prescribed

Type B

9.

6.3(3)

Failure of the accountable officer to prepare and communicate a policy statement as prescribed

Type B

10.

6.4

Failure to have an organizational structure as prescribed

Type B

11.

6.5

Failure to establish, develop, implement, maintain and document processes as prescribed

Type B

12.

6.6

Failure to complete an annual report and submit a statement as prescribed

Type B

13.

8(1)

Failure to submit prescribed documents for approval

Type B

14.

9

Failure to develop detailed designs of a pipeline, and to submit them when required

Type B

15.

10(1)

Failure to develop a documented risk assessment as prescribed

Type B

16.

10(2)

Failure to submit a documented risk assessment to the Board when required to do so

Type A

17.

11

Failure to design and equip a station as prescribed

Type B

18.

12

Failure to equip a compressor station or pump station with an alternate source of power as prescribed

Type B

19.

13

Failure to locate, service or design a storage facility as prescribed

Type B

20.

14

Failure to develop prescribed specifications, and to submit them to the Board when required

Type B

21.

15

Failure to develop a quality assurance program as prescribed

Type B

22.

16

Failure to develop a joining program as prescribed, and to submit it to the Board when required

Type B

23.

17

Failure to examine each joint as prescribed

Type B

24.

18

Failure to contract for services as prescribed

Type B

25.

19(a)

Failure to ensure that the construction activities do not create a hazard to the public or the environment

Type B

26.

19(b)

Failure to inform persons of safety practices and procedures as prescribed

Type B

27.

20(1)

Failure to develop a construction safety manual and to submit it to the Board

Type B

28.

20(1.1)

Failure to set out responsibilities as prescribed

Type B

29.

20(2)

Failure to keep a copy of the construction safety manual or relevant parts of it as prescribed

Type B

30.

21

Failure to restore the right-of-way and temporary work areas of a pipeline as prescribed

Type B

31.

22

Failure to ensure that there is no undue interference with the use of a utility or private road during the construction of a pipeline

Type B

32.

23

Failure to develop a pressure testing program as prescribed, and to submit it to the Board when required

Type B

33.

24

Conducting a pressure test without required permits

Type B

34.

25

Failure to perform pressure testing as prescribed

Type B

35.

26

Failure to minimize the number of welds that are not pressure-tested as prescribed

Type B

36.

27

Failure to develop, regularly review and update as required operation and maintenance manuals as prescribed and to submit them to the Board when required

Type B

37.

28

Failure to inform persons of practices and procedures and to make available to them the relevant portion of operation and maintenance manuals as prescribed

Type B

38.

29

Failure to contract for services as prescribed

Type B

39.

30(a)

Failure to take reasonable steps to ensure that maintenance activities do not create a hazard to the public or the environment

Type B

40.

30(b)

Failure to take reasonable steps to inform persons of safety and environmental protection practices and procedures as prescribed

Type B

41.

31(1)

Failure to develop a maintenance safety manual and to submit it to the Board when required

Type B

42.

31(1.1)

Failure to set out responsibilities as prescribed

Type B

43.

31(2)

Failure to keep a copy of the maintenance safety manual or the relevant parts of it as prescribed

Type B

44.

32(1)

Failure to develop, implement and maintain an emergency management program as prescribed

Type B

45.

32(1.1)

Failure to develop, regularly review and update an emergency procedures manual

Type B

46.

32(2)

Failure to submit to the Board the emergency procedures manual and any updates

Type A

47.

33

Failure to establish and maintain liaison as prescribed, and failure to consult as prescribed

Type B

48.

34

Failure to inform persons who may be associated with an emergency response activity as prescribed

Type B

49.

35

Failure to develop a continuing education program as prescribed

Type B

50.

36(a)

Failure to maintain communication facilities as prescribed

Type B

51.

36(b)

Failure to periodically test instruments and equipment as prescribed

Type B

52.

36(c)

Failure to continually record as prescribed

Type B

53.

36(d)

Failure to clearly mark valves as prescribed

Type B

54. 

36(e)

Failure to clearly mark valves as prescribed

Type B

55. 

36(f)

Failure to post signage as prescribed

Type B

56. 

37

Failure to develop and implement a pipeline control system as prescribed

Type B

57.

38(1)

Performing welding on a liquid-filled pipeline other than as prescribed

Type B

58.

38(2)

Failure to treat weld as a temporary installation and replace that installation with a permanent one as soon as is practicable

Type B

59.

38(3)

Failure to submit specifications, procedures and results for approval as prescribed

Type B

60. 39 Failure to develop a surveillance and monitoring program as prescribed Type B

61. 

40

Failure to develop, implement and maintain an integrity management program as prescribed

Type B

62.

41(1)

Failure to document the particulars of a defect on a pipeline as prescribed

Type B

63.

41(2)

Failure to submit the documentation in 41(1) when required

Type A

64.

42

Failure to submit a proposed plan as prescribed

Type B

65.

43

Failure to submit an application for a change or increase as prescribed

Type B

66.

44

Failure to submit an application for proposed deactivation as prescribed

Type B

67.

45

Failure to submit an application for reactivation as prescribed

Type B

68.

45.1

Failure to submit an application for decommissioning as prescribed

Type B

69.

46

Failure to develop and implement a training program as prescribed

Type B

70.

47

Failure to develop, implement and maintain a safety management program as prescribed

Type B

71.

47.1

Failure to develop, implement and maintain a security program as prescribed

Type B

72.

48

Failure to develop, implement and maintain an environmental protection program as prescribed

Type B

73.

51(a)

Failure to notify as prescribed

Type A

74.

51(b)

Failure to submit to the Board on request a crossing report as prescribed

Type A

75.

52(1)

Failure to notify and submit a report to the Board as prescribed

Type A

76.

53(1)

Failure to conduct inspections and audits as prescribed

Type B

77.

53(2)

Failure to document the audit as prescribed

Type B

78.

54(1)

Failure to inspect the construction of a pipeline as prescribed

Type B

79.

54(2)

Performance of an inspection by a person who does not have sufficient expertise, knowledge and training to competently carry out the inspection

Type B

80.

55

Failure to conduct and document audits as prescribed

Type B

81.

56

Failure to retain records as prescribed

Type A

PART 3
NATIONAL ENERGY BOARD PROCESSING PLANT REGULATIONS

Item

Column 1

Provision

Column 2

Short-form Description

Column 3

Classification

1. 

4(1)

Failure to ensure that the company’s processing plant is designed, constructed, operated or abandoned as prescribed

Type B

2.

5

Failure to ensure that the company’s processing plant is designed, constructed, operated or abandoned as prescribed

Type B

3.

9

Failure to develop and submit to the Board the prescribed program

Type B

4.

10

Failure to develop, implement and maintain quality control and quality assurance programs as prescribed

Type B

5.

11

Failure to conduct a risk analysis as prescribed

Type B

6.

12

Failure to ensure that employees have required knowledge and training

Type B

7.

13

Failure to develop and implement a safety program as prescribed

Type B

8.

14

Failure to develop and implement an environmental protection program as prescribed

Type B

9.

15

Failure to contract for services as prescribed

Type B

10.

16

Failure to develop, implement and maintain detailed designs of its processing plant

Type B

11.

17

Failure to ensure that a processing plant is equipped with an emergency power source

Type B

12.

18

Failure to ensure that each tank, bullet, sphere or other container is designed, constructed and maintained as prescribed

Type B

13.

19

Failure to ensure that process equipment and flammable vapour sources are separated as prescribed

Type B

14.

20

Failure to ensure that process vessels and equipment are vented as prescribed

Type B

15.

21

Failure to equip all flare headers as prescribed

Type B

16.

22

Failure to ensure reliable fire suppression systems as prescribed

Type B

17.

23

Failure to equip a processing plant with systems as prescribed

Type B

18.

24

Failure to equip a processing plant with alarm devices as prescribed

Type B

19.

25

Failure to ensure that all pressure-relief piping and systems are designed and constructed as prescribed

Type B

20.

26(a)

Failure to ensure construction does not create a detriment or hazard as prescribed

Type B

21.

26(b)

Failure to inform persons at the construction site as prescribed

Type B

22.

26(c)

Failure to inform persons on the work site as prescribed

Type B

23.

27(1)

Failure to develop, implement and submit a construction safety manual

Type B

24.

27(2)

Failure to keep a copy of the construction safety manual at the processing plant as prescribed.

Type B

25.

28(1)

Failure to ensure direct supervision of pressure tests as prescribed

Type B

26.

28(2)

Failure to ensure the independence of the test supervisor as prescribed

Type B

27.

28(3)

Failure to date and sign records

Type B

28.

29

Failure of the company to develop and implement a non-destructive weld examination program as prescribed

Type B

29.

30(1)(a)

Failure to develop, implement, regularly review and update operations manuals as prescribed

Type B

30.

30(1)(b)

Failure to keep a copy of the operations manuals as prescribed

Type B

31.

30(2)

Failure to ensure that the operations manuals contain the prescribed procedures

Type B

32.

31(2)

Failure to develop and implement a safe-work permit system as prescribed

Type B

33.

32

Failure to ensure that a processing plant is staffed as prescribed

Type B

34.

33(a)

Failure to ensure maintenance activities do not create a detriment or hazard as prescribed

Type B

35.

33(b)

Failure to inform persons at a maintenance site as prescribed

Type B

36.

34

Operation of equipment with a hazard-detection alarm or shutdown device bypassed or rendered inoperable

Type B

37.

35(a)

Failure to develop, implement, regularly review and update an emergency procedures manual

Type B

38.

35(b)

Failure to submit the emergency procedures manual as prescribed

Type A

39.

35(c)

Failure to submit updates as prescribed

Type A

40.

36

Failure to establish and maintain liaison as prescribed and failure to consult as prescribed

Type B

41.

37

Failure to inform persons who may be associated with an emergency response activity as prescribed

Type B

42.

38

Failure to develop and implement a continuing educational program as prescribed

Type B

43.

39(a)

Failure to maintain communication facilities as prescribed

Type B

44.

39(b)

Failure to retain incident data as prescribed

Type B

45.

39(c)

Failure to clearly mark valves as prescribed

Type B

46.

39(d)

Failure to post signage as prescribed

Type B

47.

39(e)

Failure to post signage as prescribed

Type B

48.

40(a)

Failure to test hazard-detection devices as prescribed

Type B

49.

40(b)

Failure to document and maintain prescribed records

Type B

50.

41

Failure to develop and implement a processing plant integrity program as prescribed

Type B

51.

42

Failure to notify of plant deactivation as prescribed

Type A

52.

43.1

Failure to submit an application for decommissioning as prescribed

Type B

53.

44

Failure to develop and implement a training program as prescribed

Type B

54.

45

Failure to ensure visitors are made familiar with the safety program as prescribed

Type B

55.

46

Failure to provide immediate notice of any incident and to submit prescribed reports

Type B

56.

47(a)

Failure to notify of any hazard as prescribed

Type A

57.

47(b)

Failure to provide a report as prescribed

Type B

58.

48

Failure to report burning as prescribed

Type A

59.

49(1.1)

Failure to notify as prescribed

Type A

60.

50

Failure to prepare and keep current a report as prescribed

Type B

61.

51

Failure to regularly conduct balance analysis as prescribed

Type B

62.

52(1)

Failure to conduct audits and inspections as prescribed

Type B

63.

52(2)

Failure to document an audit as prescribed

Type B

64.

53

Failure to inspect as prescribed

Type B

65.

54

Failure to annually audit the competency of all employees as prescribed

Type B

66.

55

Failure to develop, implement and maintain a record retention and handling program

Type A

PART 4
NATIONAL ENERGY BOARD PIPELINE CROSSING REGULATIONS, PART 1

Item

Column 1

Provision

Column 2

Short-form Description

Column 3

Classification

1.

4

Failure to construct or install a facility as prescribed or to obtain leave

Type B

2.

5

Failure to install an overhead line across a pipeline as prescribed or to obtain leave

Type B

3.

6

Failure to excavate as prescribed or to obtain leave

Type B

4.

7

Failure to meet the circumstances and conditions as prescribed or to obtain leave

Type B

PART 5
NATIONAL ENERGY BOARD PIPELINE CROSSING REGULATIONS, PART II

Item

Column 1

Provision

Column 2

Short-form Description

Column 3

Classification

1.

4(1)

Failure to establish a public awareness program as prescribed.

Type B

2.

4(2)

Failure to assess the effectiveness of a public awareness program as prescribed and to maintain a record of the assessment

Type B

3.

5(1)

Failure to develop guidelines as prescribed, and to make them public

Type B

4.

5(2)

Failure to submit guidelines for approval as prescribed

Type B

5.

6(1)

Failure to inform as prescribed

Type A

6.

7

Failure to provide information and assistance as prescribed

Type B

7.

8

Failure to send comments to the Board as prescribed

Type A

8.

9(1)(a)

Failure to inform the facility owner or excavator as prescribed

Type B

9.

9(1)(b)

Failure to mark the location of pipes as prescribed

Type B

10.

9(1)(c)

Failure to explain the significance of stakes as prescribed

Type B

11.

10(a)

Failure to carry out inspections as prescribed

Type B

12.

10(b)

Failure to inspect all exposed pipe prior to backfilling

Type B

13.

10(c)

Failure to maintain a record of all inspection findings and observations

Type A

14.

10(d)

Failure to include the prescribed information in the inspection record

Type A

15.

11

Failure to maintain records as prescribed

Type A

16.

12

Failure to provide a list as prescribed

Type A

17.

13

Failure to report as prescribed

Type A

18.

14(2)

Failure to notify the Board as prescribed

Type A

19.

15(1)

Failure to inspect and to inform as prescribed

Type B

20.

15(2)

Failure to inform the Board as prescribed

Type A

21.

16

Failure to make records and other materials available to the prescribed persons and to assist as prescribed

Type B

PART 6
POWER LINE CROSSING REGULATIONS

Item

Column 1

Provision

Column 2

Short-form Description

Column 3

Classification

1.

3

Failure to construct a facility or excavate as prescribed or failure to obtain leave

Type B

2.

4

Failure to construct a power line as prescribed or failure to obtain leave

Type B

SCHEDULE 2
(Subsection 4(1))

PENALTIES

Item

Column 1


Gravity Level

Column 2

Type A Violation

Column 3

Type B Violation

Individual

Any Other Person

Individual

Any Other Person

1.

–3 or less

$250

$1,000

$1,000

$4,000

2.

–2

$595

$2,375

$4,000

$16,000

3.

–1

$990

$3,750

$7,000

$28,000

4.

0

$1,365

$5,025

$10,000

$40,000

5.

1

$1,740

$6,300

$13,000

$52,000

6.

2

$2,115

$7,575

$16,000

$64,000

7.

3

$2,490

$8,850

$19,000

$76,000

8.

4

$2,865

$10,125

$22,000

$88,000

9.

5 or more

$3,000

$12,000

$25,000

$100,000

[7-1-o]