National Energy Board
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1 National Energy Board The Role of the National Regulator in Damage Prevention CCGA Issues of National Interest The CCGA has identified the following four Damage Prevention Issues of National Interest: Simplified Access to One Call Centres and the Damage Prevention Process Best Practice Harmonization One Call Systems Serving all of Canada Damage Prevention Legislation and Meaningful Enforcement of same 1
2 NEB Goals 1. NEB regulated facilities are safe and secure 2. The environment is protected throughout the lifecycle of NEB regulated facilities and activities NEB Action Plan on Safety & Environmental Protection Damage Prevention Framework A plan for improving regulatory clarity 2
3 Damage Prevention Framework Expected Outcomes: 1.Everyone working and living near pipelines understands their role in preventing damage to pipelines, the risks of unsafe work practices and where to get more information; Damage Prevention Framework Expected Outcomes: 2. Activities near pipelines are restricted only as necessary to protect people and the environment; MO Exemption Order Respecting Crossing by Agricultural Vehicles or Mobile Equipment Damage Prevention Framework 3.Pipeline companies are aware of any proposed activity with the potential to damage their pipeline and can take action to protect people, the pipeline and the environment; 3
4 Damage Prevention Framework 4. The Board is aware of activities that put people, property and the environment at risk, and takes corrective action when necessary. The DP Framework Plan Regulatory Clarity Targeted Outreach and Engagement Meaningful Enforcement Regulatory Clarity Proposed changes to the Pipeline Crossing Regulations (PCR s I&II) Damage Prevention Regulations (DPR s I&II) 4
5 Regulatory Clarity Effective and Timely Communication NEB Regulated companies will be required to become members of One Call Centres where they exist. Ground disturbers will be required to contact One Call Centres, where they exist, and where there is no One Call Centre, contact the pipeline companies directly Regulatory Clarity Safe Work Practices for Construction & Excavation Clarify that any project owner who undertakes any construction or excavation activities to which the Regulation applies will be responsible for the supervision and monitoring of all persons working on behalf of the project owner, including employees, contractors, and sub contractors. Regulatory Clarity Damage Prevention Programs with a Management System Approach Plan Act Do Check 5
6 Regulatory Clarity Low Risk Crossings by Agricultural Vehicles The Regulation will be amended to capture the intent of Order MO ; An Exemption Order Respecting Crossings by Agricultural Vehicles or Mobile Equipment UA's by Activity Type Q1& Q Encroachment Ground Disturbance / /14 6
7 UA Reports by Company Type Group 1 Group Opportunity knocks! 2012/ /14 Online Tool Collect comprehensive and consistent information from all of Canada 7
8 Unauthorized Activity = Near Miss Targeted Outreach & Engagement 70 UA's by Risk Category Low Risk 30 High Risk / /14 Targeted Outreach & Engagement 8
9 Meaningful Enforcement The NEB will enforce regulatory requirements to obtain compliance, deter future non compliance, and prevent harm by using the most appropriate tool or tools available. Meaningful Enforcement Enforcement Tool Box Corrected non compliance CNC Notice of Non conformance NNC Inspection Officer Order IO Order Inspection Officer Direction IO Direction Board Order Federal Court or superior court of a province Administrative Monetary Penalties AMPS Revoke Authorization Prosecution Meaningful Enforcement Administrative Monetary Penalties AMPS Maximum Daily Penalty: Individuals $25,000 per violation Companies $100,000 per violation Each day that a violation continues is considered to be a separate violation 9
10 Questions? How to reach us NEB Contact Information Shannon Neufeld Technical Leader, Damage Prevention 444 Seventh Avenue SW Calgary, Alberta T2P 0X8 Tel: Cell: Fax: one.gc.ca Kent Rowden Inspection/Health & Safety Officer 444 Seventh Avenue SW Calgary, Alberta T2P 0X8 Tel: Cell: Fax: one.gc.ca Patrick Curti Operations Inspector 444 Seventh Avenue SW Calgary, Alberta T2P 0X8 Tel: Cell: Fax: one.gc.ca Thank You 10
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