On Wednesday, Aug. 28, the National Energy Board (NEB) became the Canada Energy Regulator (CER). For further information please visit our Implementing the Canadian Energy Regulator Act information page

Forward Regulatory Plan: 2019 to 2021 – International and Interprovincial Power Line Damage Prevention Regulations – Authorizations, and International and Interprovincial Power Line Damage Prevention Regulations – Obligations of Holders of Permits and Certificates

Enabling act(s)
Canadian Energy Regulator Act

Description
On 28 August 2019, the National Energy Board became the Canada Energy Regulator (CER). Regulations made under the National Energy Board Act remain in force under the Canadian Energy Regulator Act (CER Act) until they are repealed or others made in their stead. New regulations and updates to existing regulations are being implemented through a phased approach.

The CER Act updates the regulatory framework for safely conducting activities near international and interprovincial power lines (IPLs). As a result, the Power Line Crossing Regulations made under the NEB Act which provide the process for safely conducting specified activities near international power lines (section 3), require updating.

The proposed regulations would set the measures for constructing a facility across, on, along or under IPLs or causing ground disturbance within the prescribed area, and for crossing an IPL with vehicle and mobile equipment, unless operated within the travelled portion of a highway or public road, and the circumstances for constructing an IPL crossing a facility. Current safety requirements would be maintained, and damage prevention provisions would be included in the regulations. The regulatory development process is ongoing. Two Commission Orders providing for these safety requirements are in place as an interim measure. Section 4 of the Power Line Crossing Regulations remains in force.

This regulatory initiative is associated with the CER’s Regulatory Stock Review Plan.

Regulatory cooperation efforts (domestic and international)
As part of their overall engagement efforts, departmental staff are consulting with provinces and other regulators to help inform regulatory development.

Potential impacts on Canadians, including businesses
The proposed regulatory changes will update the regulatory requirements for any person conducting activities near IPLs. The proposed regulations will not involve significant impacts on international trade or investment.

Consultations
A Consultation Paper was posted on the Natural Resources Canada (NRCan) website for public comment from 8 May to 7 June 2019.

This represented the second round of consultation on these proposed regulations.

The consultation paper built on the Discussion Paper that was available online from 15 October to 28 November 2018. During that time, NRCan received 10 written submissions. All comment submissions will be carefully reviewed and considered in the development of the regulations.

Further information

Canada Energy Regulator contact information
Chantal Briand
Regulatory Policy
Telephone: (403) 389-1209
Toll Free: 1-800-899-1265
Fax: (403) 292-5503
Email: chantal.briand@cer-rec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan
April 1, 2019

Consult the Canada Energy Regulator’s Acts and Regulations web page for:

  • a list of acts and regulations administered by the Canada Energy Regulator
  • further information on the Canada Energy Regulator’s implementation of government-wide regulatory management initiatives

Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada:

To learn about upcoming or ongoing consultations on proposed federal regulations, visit:

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