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Excavation and Construction Near Pipelines

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Excavation and Construction Near Pipelines - 2011 [PDF 215 KB]

www.neb-one.gc.ca
1-800-899-1265

Warning Note

Each excavation or construction activity is unique and this guide cannot deal with all cases. Its purpose is to help you determine whether you must obtain approval, where to obtain it and how to obtain it. This guide should be regarded as a guide only and in any case of discrepancy between this guide and the National Energy Board Act, and the National Energy Board Pipeline Crossing Regulations made thereunder, the Act and the Regulations shall take precedence.

This booklet also contains an office consolidation of the:

National Energy Board Pipeline Crossing Regulations, Part I SOR/88-528 as amended by SOR/93-239, SOR 94-704, SOR 97-128 and SOR/2000-39

National Energy Board Pipeline Crossing Regulations, Part II SOR/88-529 as amended by SOR/93-239, SOR/95-534, SOR/2000-58 and SOR/2000-384

Users of this office consolidation are reminded that it is prepared for convenience of reference only.

Table of Contents

Introduction

Pipelines are the safest method to transport products, such as natural gas, oil or other commodities, across the country. However, if these pipelines are damaged the result could be serious to the environment, or public safety. You have an important role to play to ensure safety. Please, call before you dig.

The National Energy Board Pipeline Crossing Regulations

Experience has shown that many accidents involving pipelines are caused by contractors or others working near the pipeline. Unsafe construction and excavation practices can damage a pipeline and the environment, sometimes resulting in injury or death to construction company workers and bystanders. Such damage can lead to expensive repairs as well as a loss of revenue and essential services.

The National Energy Board (the NEB) is concerned about ensuring the safety of the pipelines under its jurisdiction and pursuant to section 112 of the National Energy Board Act (NEB Act) developed the National Energy Board Pipeline Crossing Regulations, Part I and Part II (the Regulations). Following these regulations will reduce the likelihood of damage to pipeline company facilities and will expedite your project by allowing you to obtain permission to build or excavate near the pipeline right of way directly from the pipeline company.

A copy of section 112 of the NEB Act, the definition of pipeline found in section 2 of the NEB Act, and the regulations have been included in the appendices of this guide for your information.

Who is Affected by the Regulations?

The regulations apply to anyone who will be excavating using power-operated equipment or explosives within 30 metres (100 feet) of the limits of the right of way (defined as the 30 metre safety zone - see section 112 (1) of the NEB Act) or who will be constructing a facility across, on, along, or under a right of way that is regulated by the NEB. Exceptions to these regulations include the pipeline company itself or its agents and anyone who is disturbing the ground to a depth of less than 0.3 metres (1 foot), not reducing the total cover over the pipe and not constructing or installing a facility.

What is a Facility?

In general, a facility includes but is not limited to:

  • a structure (anything built or installed), for example: a fence, a concrete conduit structure, a swimming pool, a retaining wall, a shed;
  • a highway, private road, lane, parking lot, walkway;
  • a railway;
  • a drainage or irrigation system, including dykes, ditches and culverts;
  • a buried telecommunication line or power line; and
  • a pipe, for example: a water main, a sewer, a gas line, an oil line.

Which Pipelines are under National Energy Board Jurisdiction?

The pipeline companies regulated by the NEB are listed in the appendices of this booklet. In general, the NEB regulates natural gas, oil, and commodity pipelines which extend beyond the limits of a province.

If you have any questions about these regulations, or whether a particular pipeline is regulated by the NEB, call the pipeline company. Contact Information for the NEB and for the pipeline companies regulated by the NEB have been included in the appendices of this guide.

What Do the Regulations Provide?

Part I of the regulations explains the conditions under which excavation and construction activities near the right of way can be conducted safely. If you cannot obtain permission from the pipeline company, or you cannot meet all the requirements of the regulations and/or the conditions of the pipeline company, you can apply to the NEB.

Part II of the regulations states the responsibilities of the pipeline company to you and the NEB.

Unauthorized construction or installation across, on, along, or under a right of way or excavation using power-operated equipment or explosives within the 30 metre (100 foot) safety zone is illegal.

What Activities Require Permission from the Pipeline Company?

Permission from the pipeline company is required for:

  • Construction or installation of a facility across, on, along, or under an existing right of way;
  • Excavation using explosives or power-operated equipment over the right of way;
  • Operation of a vehicle or mobile equipment across a right of way, outside the travelled portion of a highway or public road;
  • Excavation using explosives or power-operated equipment within the 30 metre (100 foot) safety zone (see section 112, National Energy Board Act); or
  • Seismic activity within 40 metres of a pipeline right of way.

What Activities Do Not Require Permission?

Under the regulations, you do not require written permission from the pipeline company or approval of the NEB to install overhead lines or to excavate to maintain an existing facility, if you meet certain conditions.

Overhead Lines

  • Overhead lines must meet the Canadian Standards Association Standards for ground to wire clearances for overhead systems;
  • Unless otherwise agreed on by the pipeline company and the facility owner, three working days notice is given by the facility owner to the pipeline company prior to commencement of installation;
  • If a pipeline is patrolled by aircraft, aeraial warning devices may be required to be installed and properly maintained by the facility owner; and
  • Poles, guy wires, towers, anchors or supporting structures of any kind constructed or placed on the right of way or within its projected limits are prohibited.

Maintenance to an Existing Facility

If you have any doubts, please call the applicable pipeline company or the NEB.

How to Obtain Permission from the Pipeline Company?

Ask the pipeline company for a copy of their technical crossing guidelines. These guidelines set out the information you need to include in your application to the pipeline company. Prepare your request for permission following those guidelines.

Right of Way - You must notify the pipeline company before you start any construction, installation or excavation activity on the company's right of way, or excavation using power-operated equipment or explosives within the 30 metre (100 foot) safety zone.

If you have any questions pertaining to your project, we suggest you contact the pipeline company before you submit your request for permission. This will allow the company to discuss your project with you and, if necessary, provide assistance.

Within ten working days of receiving your request, the pipeline company must give you its permission or provide reasons for denying or delaying its permission. If permission is denied or delayed, you may apply to the NEB for a review of your request.

If you decide to change the design, location, or type of facilities to be installed after the pipeline company gives its permission, the pipeline company must agree to the changes before you start your work.

Is There a Time Limit?

In general, the pipeline company’s permission will lapse if all work is not completed within two years of the date that permission was given. However, this time limit may be changed if you and the pipeline company agree.

As well, the pipeline company or the NEB may suspend the permission given by the pipeline company if unsafe construction practices are used.

When Do you Require Approval from the National Energy Board?

If you cannot obtain the pipeline company’s permission or you cannot comply with all the conditions in the Regulations, you must obtain the NEB’s approval before starting any activity listed under What Activities Require Permission from the Pipeline Company.

You will also have to ask the NEB for its approval if:

  • You believe a condition required by the pipeline company is inappropriate or excessive and you cannot accept it;
  • The pipeline company has suspended and not reinstated its permission for your proposed activity; or
  • The excavation or construction is in an offshore area (i.e. in an underwater area off the coast of Canada).

How to Appply Directly to the National Energy Board

To apply to the NEB, send us a letter which includes the location and full details of the proposed activity. You should refer to the NEB's Filing Manual, under tab C, which provides guidance as to the type of information the Board would typically need to make a decision. The Filing Manual can be accessed online at www.neb-one.gc.ca, click on Publications, click on Acts and Regulations, scroll down and click on Filing Manual. Copies of the Filing Manual are also available from our Library by calling 1-800-899-1265. Application should be addressed to:

Secretary of the Board
National Energy Board
444 Seventh Avenue S.W.
Calgary, AB T2P 0X8

A copy of your application must be forwarded to the pipeline company so that it can review the information and forward any comments it may have to the NEB.

If you have any questions, do not hesitate to contact us. Pipeline crossing staff contact numbers are in this booklet.

Your Field Responsibilities

Once the pipeline company has given its permission, there are four steps you must follow to comply with the regulations.

1. Notify the Company

You must give the pipeline company three working-days notice before starting any work (except in the case of emergencies) and 24 hours notice before backfilling over the pipe. Any contact with the pipe or its coating must be reported to the pipeline company immediately. Even incidents which seem minor at the time - small dents and scratches on the pipe or any damage to the coating - could lead to serious problems such as corrosion which could eventually cause the pipe to rupture.

2. Observe the Temporary Restricted Area

The temporary restricted area may be established by a pipeline company field representative. During the three day period that the restricted area is in existence, no mechanical excavation in the restricted area is permitted without the prior consent and supervision of an authorized company field representative. Before you start work, be certain that you have confirmed with the representative that all the company’s pipes in the construction area have been staked by the representative and that you understand the meaning of the various stakes. A misunderstanding could cause you to damage a pipe, endangering your own life and that of others.

The temporary restricted area differs from and should not be confused with the permanent 30 metre (100 foot) safety zone located on either side of the right of way.

3. Follow the Rules for Excavation Within Three Metres of the Pipe

Excavation using power-operated equipment is not permitted within three metres (10 feet) of the pipe unless:

  • the pipe has been exposed by hand at the point of crossing or,
    • where the excavation runs parallel to the pipe, the pipe has been exposed at sufficient intervals to confirm its location or,
    • the pipeline company has informed the excavator that it has confirmed the location of the pipe by probing.
  • where the excavation crosses a pipe, the pipeline company has informed the excavator that it has confirmed the location of the pipe by probing and the pipe is at least six tenths of a metre (2 feet) deeper than the proposed excavation.
  • where ground conditions render exposure of the pipe by hand impractical, the pipeline company has agreed that the excavation may be performed safely to within one metre (3 feet) of the pipe under the direct supervision of the pipeline company.

When boring directionally or using explosives, you must meet the pipeline company’s conditions.

At no time are you allowed to move or alter the pipe or its fittings, or in any other way interfere with the pipe without the written consent of the pipeline company, and then only if the work is done under its direct supervision.

4. Comply with the Pipeline Company’s Conditions

The pipeline company may have made its permission conditional on meeting certain requirements. If you accept the company’s conditions, you must comply with them, as well as with the instructions of any authorized pipeline company field representative regarding procedures when working near the right of way.

Your Responsibilities After Construction

If you are the owner of the facility, you must maintain the installation in good condition so that it will not endanger the pipeline. This remains your responsibility until you can show that someone else has taken over the facility, or until it has been removed or abandoned and the site restored to the satisfaction of the pipeline company.

If you decide to remove or abandon the facility, you must notify the pipeline company in writing before doing so. You must also remove your installation if requested by the NEB. When removing your facility, any excavation required would have to be approved as described earlier in this guide. If you are abandoning your facility, the pipeline company may require that you take precautions to ensure that deterioration of the facility does not pose a threat to the pipe.

Reminders

If you have any questions about this guide or the National Energy Board Pipeline Crossing Regulations, Part I and Part II, please do not hesitate to contact the NEB at 1-800-899-1265.

You can find a copy of this document on the NEB website located at www.neb-one.gc.ca.

Safety Checklist

  1. Plan your activity - Identify the precise location of your work; check records for evidence of pipeline easements or other buried facilities.
  2. Visit the site and look for pipeline warning signs or pipeline marker posts.
  3. Contact the pipeline company and obtain a copy of the pipeline company's guidelines for ground disturbances.
  4. Obtain the pipeline company’s written approval for the crossing.
  5. Make a locate request (by calling the one-call centre where a one-call centre exists or by calling the pipeline company where there is no one-call centre) to have the pipeline located.
  6. Be on site when the pipeline is located and know the meaning of the pipeline markers.
  7. Give 3 working days notice to the pipeline company prior to the commencement of the approved activity unless otherwise agreed on by the pipeline company and the applicant.
  8. Hand expose the pipe prior to any ground disturbance within 3 metres of the pipe.
  9. Notify the pipeline company one working day before backfilling over the pipe.
  10. IMMEDIATELY NOTIFY THE PIPELINE COMPANY IF YOU HAVE COME INTO CONTACT WITH THE PIPE.
  11. ALWAYS follow the instructions of a pipeline company representative.

Appendix 1

Contact Lists

National Energy Board

For information concerning pipeline crossings
dpinfo@neb-one.gc.ca
1-800-899-1265

Mailing Address

National Energy Board
444 Seventh Avenue S.W.
Calgary, AB T2P 0X8
Facsimile: (403) 292-5503
Facsimile (toll free): 1-877-288-8803
www.neb-one.gc.ca

Provincial One Call Centres

Call Before You DigThere may be buried utilities in the ground such as: electrical cables, high pressure gas lines, television cables, water lines, oil lines, etc. It is therefore important to know what is in the ground in order to dig safely to protect you, the public and the environment.

Canada currently has One Call centres in five provinces. Although not a requirement, many pipeline companies under the NEB jurisdiction are members.

Québec
Info-Excavation:
Saint John Dig Line
1-800-663-9228
1-866-344-5463
www.info-ex.com
www.info-ex.com
Ontario
Ontario One Call System:
1-800-400-2255
www.on1call.com
Alberta
Alberta One Call Corporation:		 1-800-242-3447 www.alberta1call.com
British Columbia
BC One Call:		 1-800-474-6886 www.bconecall.bc.ca
Saskatchewan
One Call:		 1-866-828-4888 www.sask1stcall.com

Map of Canada Showing Location of Provincial One Call Centres

Being a member of a provincial one call system is an effective method of reducing unauthorized activity and adds depth to a company's public awareness and damage prevention programs.

If you plan a mechanical excavation, you should contact your One Call centre, if applicable. The One Call centre will advise you of its member companies buried utilities in the area of your proposed activity. The One Call centre will notify its member companies about your proposed excavation and the pipeline company will mark the exact location of its facility(s).

Appendix 2 - Section 112 (formerly section 77) of the National Energy Board Act

Justice Canada Website: National Energy Board Act, Section 112

"pipeline" in section 2 of the NEB Act is defined as follows:

"pipeline" means a line that is used or to be used for the transmission of oil or gas, alone or with any other commodity, and that connects a province with any other province or provinces or extends beyond the limits of a province or the offshore area as defined in section 123, and includes all branches, extensions, tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communications by telephone, telegraph or radio and real and personal property and works connected therewith.

Appendix 3

National Energy Board Pipeline Crossing Regulations, Part I

Registration SOR/88-528 18 October, 1988 as amended by SOR/93-239 11 May, 1993; SOR/94-704 7 November, 1994; SOR/97-128 26 February, 1997; and SOR/2000-39 18 January, 2000.

Justice Canada Website: National Energy Board Pipelines Crossing Regulations, Part I

National Energy Board Pipeline Crossing Regulations, Part II

Registration SOR/88-529 18 October, 1988 as amended by SOR/93-239 11 May, 1993; SOR/95-534 7 November, 1995; SOR/2000-58 10 February, 2000; and SOR/2000-384 2 4 October, 2000.

Justice Canada Website: National Energy Board Pipelines Crossing Regulations, Part II

Appendix 4 - Request to be Included on Mailing List for Updated Information

National Energy Board
Regulatory Support Office
444 Seventh Avenue S.W.
Calgary, AB T2P 0X8

Facsimile: (403) 292-5503

Please add me to mailing list L19 to receive updated information.

Name:
Title:
Organization:
Mailing Address:
City:
Province/Territory:
Postal Code:
Telephone:

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Date Modified:
2011-11-08