BILL 27

 

Pipeline Act, 2005

 

Chapter Outline

 

PART 1

INTERPRETATION AND APPLICATION

Definitions......................................................................................................................................... 1

bituminous shale — schistes bitumineux

Board — Commission

common expenses — dépenses communes

controlled area — périmètre de contrôle

customer — client

direct expenses — dépenses directes

electronic hearing — audience électronique

gas — gaz

gas distribution system — système de distribution de gaz

gas distributor — distributeur de gaz

ground disturbance — perturbation du sol

highway — route

installation — installation

licence — licence

licensee — titulaire de licence

liquefied natural gas plant — usine de traitement de gaz naturel liquéfié

manufacturing plant — usine de fabrication

marketing plant — usine de mise en marché

mineral — minéral

Minister — Ministre

oil — pétrole

oral hearing — audience orale

permit — permis

permittee — titulaire de permis

pipeline — pipeline

processing plant — usine de traitement

refinery — raffinerie

road — chemin

standard construction regulation — règlement type sur la construction

start-up costs — frais de démarrage

transmission line — canalisation de transport

well — puits

written hearing – audience écrite

Application......................................................................................................................................... 2

Act binds Crown................................................................................................................................. 3

PART 2

CONSTRUCTION AND OPERATION

Permit to construct............................................................................................................................ 4

Application for permit....................................................................................................................... 5

Copies of application to others........................................................................................................ 6

Considerations by the Board............................................................................................................. 7

Grant of permit.................................................................................................................................. 8

Construction disputes........................................................................................................................ 9

Date for commencement or completion....................................................................................... 10

Licence to operate........................................................................................................................... 11

Application for licence................................................................................................................... 12

Grant of licence............................................................................................................................... 13

Amendment or replacement of permit or licence........................................................................ 14

Suspension or cancellation of permit or licence.......................................................................... 15

Transfer of permit or licence......................................................................................................... 16

Amalgamation.................................................................................................................................. 17

Notice of change of name............................................................................................................... 18

Capacity to hold permit or licence................................................................................................ 19

Necessity to be insured................................................................................................................... 20

Transmission of unauthorized substance....................................................................................... 21

Suspension of normal operation.................................................................................................... 22

Take up or removal of pipeline....................................................................................................... 23

Change to existing pipeline............................................................................................................ 24

Abandonment................................................................................................................................... 25

Construction under building........................................................................................................... 26

Construction and operation over land, roads, water..................................................................... 27

Construction near mines or quarries............................................................................................. 28

Ground disturbance over or near pipeline..................................................................................... 29

Working mineral deposits near pipeline....................................................................................... 30

Suspension of construction or operation...................................................................................... 31

Application of Boiler and Pressure Vessel Act........................................................................... 32

Certificate of professional engineer............................................................................................. 33

Inspections....................................................................................................................................... 34

Samples and tests............................................................................................................................. 35

Alteration or relocation.................................................................................................................. 36

Breaks or leaks................................................................................................................................ 37

Damage to property......................................................................................................................... 38

Acquisition of land.......................................................................................................................... 39

PART 3

ACCESS TO GAS PIPELINE FOR TRANSMISSION

Definitions....................................................................................................................................... 40

common carrier — transporteur commun

sufficient notice — préavis suffisant

tariff — tarif

toll — droits

Order declaring a person to be a common carrier........................................................................ 41

Filing or approval of tolls............................................................................................................... 42

Filing of tariff.................................................................................................................................. 43

Tolls to be just and reasonable....................................................................................................... 44

Interim tolls..................................................................................................................................... 45

Discrimination................................................................................................................................. 46

Disallowance of tariff..................................................................................................................... 47

Order of Board respecting access.................................................................................................. 48

Transmission facilities.................................................................................................................... 49

PART 4

POWERS AND DUTIES OF THE BOARD

Jurisdiction of the Board................................................................................................................ 50

Powers of the Board........................................................................................................................ 51

Procedure......................................................................................................................................... 52

Protection of commissioners and employees.............................................................................. 53

Appointment and payment of agents.............................................................................................. 54

Relief, review and variance of decisions....................................................................................... 55

Ex parte orders................................................................................................................................ 56

Interim orders.................................................................................................................................. 57

Orders valid despite technical defect............................................................................................ 58

Appeal does not stay order............................................................................................................. 59

Production of documents............................................................................................................... 60

Certification of documents............................................................................................................ 61

Contempt proceedings.................................................................................................................... 62

Joint proceedings...................................................................................................................... 63, 64

Forbearance from regulation.......................................................................................................... 65

Costs................................................................................................................................................. 66

Recovery of Board's expenses....................................................................................................... 67

Annual report................................................................................................................................... 68

Immunity.......................................................................................................................................... 69

Conflict of interest.......................................................................................................................... 70

Appeals............................................................................................................................................. 71

Confidentiality of information....................................................................................................... 72

PART 5

GENERAL

Prohibitions..................................................................................................................................... 73

Limitation period............................................................................................................................. 74

Penalties........................................................................................................................................... 75

Continuing offence.......................................................................................................................... 76

Administration................................................................................................................................. 77

Regulations by Lieutenant-Governor in Council.......................................................................... 78

Regulations by Board...................................................................................................................... 79

Transitional provisions.............................................................................................................. 80-82

CONSEQUENTIAL AMENDMENTS

Gas Distribution Act, 1999........................................................................................................... 83

Community Planning Act............................................................................................................... 84

REPEAL

Pipe Line Act................................................................................................................................... 85

COMMENCEMENT

Commencement............................................................................................................................... 86

 

 

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

 

PART 1

INTERPRETATION AND APPLICATION

Definitions

1                  The following definitions apply in this Act.

 

"bituminous shale" means bituminous shale as defined in the Bituminous Shale Act. (schistes bitumineux)

 

"Board" means the Board of Commissioners of Public Utilities constituted under the Public Utilities Act. (Commission)

 

"common expenses" means the expenses of the Board that are not direct expenses. (dépenses communes)

 

"controlled area" means a strip of land on each side of a pipeline within the distance or distances from the pipeline prescribed by the regulations and includes the right of way held for the construction of a pipeline or for or incidental to the operation of a pipeline. (périmètre de contrôle)

 

"customer" means any person who uses or consumes gas for industrial, commercial, residential or marketing purposes, other than a gas distributor. (client)

 

"direct expenses" means the expenses of the Board that, in the opinion of the Board, are directly attributable to a permittee or licensee. (dépenses directes)

 

"electronic hearing" means a hearing held by conference telephone or some other form of electronic technology that allows persons to hear one another. (audience électronique)

 

"gas" means

 

(a)          natural gas, both before and after it has been subjected to any processing,

 

(b)          any substance recovered from natural gas, crude oil, bituminous shales, oil sands or coal for transmission in a gaseous state, and

 

(c)          any gaseous substance for injection to an underground formation through a well. (gaz)

 

"gas distribution system" means all or part of a natural gas pipeline, up to and including the meter, that is used to distribute natural gas to a building where it is used by a customer. (système de distribution de gaz)

 

"gas distributor" means a gas distributor as defined in the Gas Distribution Act, 1999. (distributeur de gaz)

 

"ground disturbance" means any work, operation or activity that results in a disturbance of the earth, including excavating, digging, trenching, ploughing, drilling, tunnelling, augering, backfilling, blasting, topsoil stripping, land leveling, peat removing, quarrying, clearing and grading, but does not include any work, operation or activity that is stated in the regulations not to be a ground disturbance. (perturbation du sol)

 

"highway" means a highway as defined in the Highway Act. (route)

 

"installation" means

 

(a)          any equipment, apparatus, mechanism, machinery or instrument incidental to the operation of a pipeline and includes a separator, pumping station, compressor station, regulator station, treating plant, purifying plant, meter facility, connection, tank, pump, rack, storage facility or loading or other terminal facility or any other structure connected to the pipeline for treating or handling the substance being transmitted, and

 

(b)          any building or structure that houses or protects anything referred to in paragraph (a), but does not include a refinery, processing plant, marketing plant or manufacturing plant. (installation)

 

"licence" means a provisional licence or a licence to operate a pipeline granted under this Act. (licence)

 

"licensee" means the holder of a licence. (titulaire de licence)

 

"liquefied natural gas plant" means a plant whose components are used to store liquefied natural gas and which may also be used to condition, liquefy or vapourize natural gas. (usine de traitement de gaz naturel liquéfié)

 

"manufacturing plant" means any plant that utilizes a mineral or any substance recovered from the mineral as a component of a product manufactured by the plant. (usine de fabrication)

 

"marketing plant" means any plant used for the marketing or distribution of any product obtained from the refining, processing or purifying of oil, gas or minerals. (usine de mise en marché)

 

"mineral" means any natural, solid, inorganic or fossilized organic substance and such other substances as are prescribed by regulation to be minerals, but does not include

 

(a)          sand, gravel, clay or soil unless it is to be used for its chemical or special physical properties, or both, or where it is taken for contained minerals,

 

(b)          ordinary stone used for building or construction,

 

(c)          peat or peat moss,

 

(d)          bituminous shale, oil shale, albertite or intimately associated substances or products derived from the shale or albertite,

 

(e)          oil or gas, or

 

(f)           such other substances as are deemed by regulation not to be minerals. (minéral)

 

"Minister" means the Minister of Energy. (Ministre)

 

"oil" means

 

(a)          crude oil, both before and after it has been subjected to any refining or processing,

 

(b)          any hydrocarbon recovered from crude oil, bituminous shales, oil sands, natural gas or coal for transmission in a liquid state,

 

(c)          liquefied natural gas, and

 

(d)          any other substance in association with the substances referred to in paragraphs (a) and (b). (pétrole)

 

"oral hearing" means a hearing at which the parties or their counsel or agents attend before the Board in person. (audience orale)

 

"permit" means a permit to construct a pipeline granted under this Act. (permis)

 

"permittee" means a person who is the holder of a permit. (titulaire de permis)

 

"pipeline" means pipes and installations for the transmission of

 

(a)          oil,

 

(b)          gas,

 

(c)          minerals,

 

(d)          fluids from an oil or gas well, and

 

(e)          water or effluent used or produced in connection with an oil or gas well or the manufacture of oil or gas. (pipeline)

 

"processing plant" means a plant for the extraction from gas of hydrogen sulphide, helium, ethane, natural gas liquids or other substances, but does not include a well-head separator, treater or dehydrator. (usine de traitement)

 

"refinery" means any facility where oil or minerals are processed or refined. (raffinerie)

 

"road" means any public road, road allowance or right of way other than a highway. (chemin)

 

"standard construction regulation" means the regulation governing the construction of pipelines in municipalities and planning districts in the Province referred to in paragraph 78(1)(j). (règlement type sur la construction)

 

"start-up costs" means those expenses that the Board incurs between the coming into force of this Act and March 31, 2007, and which, in its opinion, it would not normally incur once this Act has been in force for a reasonable time. (frais de démarrage)

 

"transmission line" means a pipeline as defined in the National Energy Board Act (Canada). (canalisation de transport)

 

"well" means a hole

 

(a)          made or being made by drilling, boring or in any other manner from which any oil or gas is obtained or obtainable, or for the purpose of obtaining oil or natural gas,

 

(b)          used, drilled or being drilled for the purpose of obtaining water for injection or for injecting natural gas, air, water or any other substance into an underground formation, or

 

(c)          used, drilled or being drilled to a depth in excess of 450 metres for the purpose of obtaining geological or geophysical information. (puits)

 

"written hearing" means a hearing held by exchanging documents, whether in written form or electronically. (audience écrite)

 

Application

2                  This Act applies to all pipelines in the Province whether constructed before or after the commencement of this section, except

 

(a)          a pipeline situated wholly within the property of a refinery, processing plant, marketing plant, manufacturing plant or liquefied natural gas plant,

 

(b)          a pipeline for which there is in force a certificate or an order exempting the pipeline from a certificate issued or made by the National Energy Board under the National Energy Board Act (Canada),

 

(c)          a pipe transmitting oil or gas for use as a fuel from a tank that is situated wholly within the property of a consumer and the installations in connection with the tank, or

 

(d)          that portion of a pipe transmitting natural gas to a building for use by an individual customer which commences immediately after the meter that is installed for that building as part of a gas distribution system.

 

Act binds Crown

3                  This Act binds Her Majesty in right of the Province of New Brunswick.

 

PART 2

CONSTRUCTION AND OPERATION

Permit to construct

4(1)             No person shall construct a pipeline or any part of a pipeline, or undertake any operations preparatory to constructing a pipeline, unless the person holds a permit.

 

4(2)             Despite subsection (1), but subject to the regulations, a person proposing to apply for a permit, or the agents of that person, may

 

(a)          enter upon any lands lying along the intended route to survey or examine only the surface of the land, or

 

(b)          negotiate to acquire interests in land that may be needed for the pipeline.

 

Application for permit

5(1)             An application for a permit to construct a pipeline shall be made to the Board.

 

5(2)             The Board may order an applicant to publish a notice showing or describing the proposed route of the pipeline in such newspapers and in such form as the Board prescribes.

 

5(3)             The cost of publishing a notice ordered under subsection (2) shall be paid by the applicant.

 

5(4)             The Board shall fix a procedure for deciding the application and shall receive representations from persons affected by the construction of the proposed pipeline in a manner that it shall determine.

 

Copies of application to others

6(1)             An applicant for a permit shall file copies of the application and any information or material required to accompany the application with the Minister of Energy, the Minister of Agriculture, Fisheries and Aquaculture, the Minister of Transportation, the Minister of the Environment and Local Government, the Minister of Natural Resources, the Minister of Public Safety and the clerk or senior official of any municipality affected by the application.

 

6(2)             Each Minister and municipality referred to in subsection (1) is a party to the proceeding referred to in section 5.

 

Considerations by the Board

7                  In considering an application for a permit, the Board shall take into account all matters that it considers relevant and shall consider

 

(a)          the location of the proposed pipeline and its effect upon public health and safety and the environment,

 

(b)          the financial responsibility of the applicant,

 

(c)          in the case of a pipeline for the transmission of natural gas, the existence of present and future markets for the pipeline, and

 

(d)          such other matters as it considers relevant in the public interest.

 

Grant of permit

8(1)             The Board may grant a permit to construct a pipeline subject to the terms and conditions expressed in the permit, or it may refuse to grant a permit.

 

8(2)             The Board, when granting a permit, may prescribe the location and route of the pipeline and prescribe the location of the right of way of the pipeline and the relationship of its boundaries to the pipeline or any part of the pipeline.

 

Construction disputes

9(1)             The Board shall decide any disagreement between a gas distributor and a municipality, rural community or planning district, or any official of a municipality, rural community or planning district, about whether the gas distributor must comply with a requirement of the standard construction regulation, a by-law or regulation under the Community Planning Act, or about whether a time limit in the standard construction regulation is appropriate in the circumstances.

 

9(2)             The Board may exempt a gas distributor from any requirement of the Community Planning Act, any by-law or regulation made under it or of subsection 7(5) of the Municipalities Act if, in the Board's opinion, compliance with the requirement would

 

(a)          prejudice the timely construction of the gas distributor's pipeline,

 

(b)          add costs to the pipeline that might make construction of the whole or part of it uneconomic, or

 

(c)          for any other reason, not be necessary in the public interest.

 

9(3)             Subject to subsections (1) and (2), the enforcement provisions in sections 92 to 98 of the Community Planning Act apply to the standard construction regulation and it may be enforced in like manner with any necessary modifications.

 

Date for commencement or completion

10(1)          Where a permit or an amendment of a permit is granted, or at any time after the permit or amendment of the permit is granted, the Board may determine a date by which construction of a pipeline is to be commenced or completed.

 

10(2)          Where the construction of a pipeline is not commenced or completed by the date determined by the Board under subsection (1), the Board may cancel the permit.

 

Licence to operate

11                No person shall operate a pipeline unless the person holds a provisional licence or a licence granted by the Board.

 

Application for licence

12(1)          An application for a licence to operate a pipeline shall be made to the Board.

 

12(2)          The Board shall fix a procedure for deciding the application.

 

Grant of licence

13(1)          After a pipeline has been tested to the Board's satisfaction, the Board may grant a provisional licence or a licence, subject to the terms and conditions expressed in the licence.

 

13(2)          A provisional licence shall not be granted for a period exceeding 6 months, but the period may be extended by the Board if, in the opinion of the Board, the circumstances warrant.

 

Amendment or replacement of permit or licence

14                Upon application or on its own initiative, the Board may

 

(a)          amend a permit or licence and make it subject to such terms and conditions as the Board considers appropriate, or

 

(b)          cancel a permit or licence and grant a new one and make it subject to such terms and conditions as the Board considers appropriate.

 

Suspension or cancellation of permit or licence

15                The Board may suspend or cancel a permit or licence if the permittee or licensee

 

(a)          violates or fails to comply with any term or condition of the permit or licence,

 

(b)          violates or fails to comply with a provision of this Act or the regulations, or

 

(c)          violates or fails to comply with an order or direction of the Board or of a person authorized by the Board, or an approval or authorization given by the Board.

 

Transfer of permit or licence

16(1)          Unless a permittee or licensee obtains the written consent of the Board, the permittee or licensee shall not assign, lease, sub-lease or otherwise transfer or part with the ownership or control of the rights or any part of the rights described in the permit or licence.

 

16(2)          A transfer of a permit or licence is not valid until the instrument of transfer, drawn up on a form provided by the Board, is registered with the Board.

 

16(3)          Upon registration of an instrument of transfer required by subsection (2), the transferee shall become the permittee or licensee, as the case may be.

 

16(4)          Where a part of a licence is to be transferred, the transfer, on the form referred to in subsection (2), shall be modified to refer to an attached plan indicating the portion of the pipeline to which the part of the licence relates.

 

16(5)          Upon registration of an instrument of transfer of a part of a licence, the Board shall issue a new licence for the part transferred and shall amend the original licence accordingly.

 

Amalgamation

17(1)          A permittee or licensee, if a corporation, shall not enter into an amalgamation agreement or amalgamate with any other corporation without the written consent of the Board.

 

17(2)          An agreement between corporations proposing to amalgamate is void if the Board refuses to give its consent under this section, even if the agreement has been adopted in accordance with section 122 of the Business Corporations Act.

 

17(3)          A certificate of amalgamation under section 124 of the Business Corporations Act is void if issued before the Board gives its consent for the amalgamation.

 

Notice of change of name

18                When a permittee or licensee changes its name, the permittee or licensee shall immediately advise the Board in writing and the Board may amend the permit or licence accordingly.

 

Capacity to hold permit or licence

19                No person shall acquire or hold a permit or licence unless it is a corporation, partnership or limited partnership authorized by the laws of the Province to carry on business in the Province.

 

Necessity to be insured

20                The Board shall not issue a permit or licence to any person unless the person is insured

 

(a)          by an insurance company licensed to do business in the Province against any liability that the person may incur in constructing or operating the pipeline, and

 

(b)          in an amount approved by the Board.

 

Transmission of unauthorized substance

21                No person shall transmit in a pipeline in respect of which a licence has been issued any substance other than the substance authorized under the licence.

 

Suspension of normal operation

22(1)          Except for repairs or maintenance in the ordinary course of operation or in an emergency, no licensee shall discontinue the normal operation of a pipeline without the approval of the Board, which approval is subject to such terms and conditions as the Board considers appropriate.

 

22(2)          If a licensee has discontinued the operation of a pipeline, it shall not resume operation without the prior approval of the Board.

 

Take up or removal of pipeline

23(1)          Except for repairs or maintenance in the ordinary course of operation, a licensee shall not take up or remove a pipeline or any part of a pipeline without the approval of the Board, which approval is subject to such terms and conditions as the Board considers appropriate.

 

23(2)          Where a pipeline or part of one is taken up or removed, the Board may cancel or amend the licence.

 

Change to existing pipeline

24(1)          Where a licensee wishes to extend, relocate, divert or otherwise change an existing pipeline, it shall submit an application for a permit to the Board.

 

24(2)          An application under subsection (1) shall be made and dealt with by a procedure to be determined by the Board.

 

24(3)          Subsection (1) does not apply to

 

(a)          repairs or maintenance made in the ordinary course of operation,

 

(b)          minor improvements to an existing installation, or

 

(c)          changes made in an emergency.

 

24(4)          Where changes are made to a pipeline in an emergency, a licensee shall immediately forward particulars of the changes to the Board.

 

Abandonment

25(1)          A licensee shall not abandon a pipeline or any part of a pipeline without the approval of the Board, which approval is subject to such terms and conditions as the Board considers appropriate.

 

25(2)          Where a pipeline or part of a pipeline is abandoned, the Board may cancel or amend the licence.

 

Construction under building

26(1)          A permittee shall not construct a pipeline under a building that is or is capable of being used as a public building, residence, office, warehouse or factory without the approval of the Board, which approval is subject to such terms and conditions as the Board considers appropriate.

 

26(2)          Subsection (1) does not apply where the pipeline transmits a substance delivered for use in the building.

 

Construction and operation over land, roads, water

27(1)          In this section, "local authority" means any person, board or other governing body given the authority or control or administration of a road under an Act of the Legislative Assembly.

 

27(2)          A permittee may construct a pipeline and a licensee may operate a pipeline

 

(a)          across, over, under or within 30 metres of any stream, river, lake or other body of water, subject to the approval of the Minister of the Environment and Local Government under the Clean Water Act and regulations under that Act,

 

(b)          on, over or under any highway, subject to the approval of the Minister of Transportation or, if the highway is under the administration of the New Brunswick Highway Corporation or a project company, the approval of that Corporation or company, and

 

(c)          on, over or under any road, subject to the approval of the local authority concerned or, where the approval cannot reasonably be obtained, with the approval of the Board.

 

27(3)          A permittee or licensee and its agents, as the case may be, shall

 

(a)          during construction or repair of a pipeline, preserve, as far as practicable, a free and uninterrupted passage to and over the part of the highway or road affected, and

 

(b)          during the operation of a pipeline, do nothing to prevent a free and uninterrupted passage to and over the portion of the highway or road affected.

 

27(4)          If the Board is satisfied that an approval required by paragraph (2)(c) cannot reasonably be obtained from a local authority, it may, on application, grant the required approval subject to any terms and conditions it considers appropriate.

 

Construction near mines or quarries

28                Unless authorized by the Board, no person shall construct a pipeline or part of a pipeline so as to interfere with the existing workings or extension of a mine or quarry or obstruct any opening to them.

 

Ground disturbance over or near pipeline

29(1)          Any person proposing to undertake or undertaking a ground disturbance shall, before commencing any work, operation or activity,

 

(a)          take all precautions reasonably necessary

 

(i)      to ascertain whether a pipeline exists within

 

(A)         the area in which the person proposes to undertake or undertakes the ground disturbance, and

 

(B)         the distance, prescribed in the regulations, from the area referred to in clause (A), and

 

(ii)     to determine which permittee or licensee owns or operates any pipeline in existence within the area or distance referred to in subparagraph (a)(i), and

 

(b)          notify the permittee or licensee of the nature of the proposed ground disturbance and the proposed schedule for undertaking it.

 

29(2)          When requested by a person proposing to undertake a ground disturbance, a permittee or licensee shall provide that person with any information about a pipeline in existence within the area or distance referred to in subparagraph (1)(a)(i) that is contained in its records and that is required by the person in order to comply with subsection (1) and the regulations.

 

29(3)          A permittee or licensee that may be or is affected by a ground disturbance shall provide the person proposing to undertake the ground disturbance with any assistance that the person may reasonably require to enable that person to comply with this Act and the regulations.

 

29(4)          Where contact is made with a pipeline during any ground disturbance, resulting in a puncture of or crack in the pipeline, or in a scratch, gouge, flattening or dent on the surface of the pipeline, or in damage to its protective coating, the person who is carrying out the ground disturbance shall stop the activity and shall immediately advise the permittee or licensee of the location where the contact occurred and the kind of damage that resulted from the contact.

 

29(5)          Where a ground disturbance has been stopped under subsection (4), no person shall recommence it without the approval of the permittee or licensee or, if approval cannot be reasonably obtained from the permittee or licensee, without the approval of the Board.

 

29(6)          When damage to a pipeline occurs as a result of a contact described in subsection (4), the Board may require the submission of reports in writing from such persons as it may specify, and those persons shall submit the reports required by the Board.

 

Working mineral deposits near pipeline

30(1)          No person shall work a mine or minerals lying under a pipeline or within the controlled area without the approval of the Board, which approval is subject to such terms and conditions as the Board considers necessary for the protection and safety of the public and the pipeline.

 

30(2)          When applying to the Board for its approval, an applicant shall submit a plan and profile of both the affected part of the pipeline and the proposed mining works or plant that may affect it, and shall provide the Board with such information as the Board may require.

 

30(3)          An applicant shall serve a copy of the application on the permittee or licensee when or before an application is made under this section.

 

30(4)          The Board may grant the application upon such terms and conditions as it considers necessary for the protection and safety of the public and the pipeline.

 

Suspension of construction or operation

31(1)          Where it appears to the Board that in the construction or operation of a pipeline or in the undertaking of a ground disturbance there has been or is a contravention of this Act, the regulations, a term or condition of a permit or licence or an order, direction or approval of the Board, or that a method or practice employed or any equipment or installation at a pipeline or in a controlled area is improper, hazardous, inadequate or defective,

 

(a)          the Board may order that the construction or operation of the pipeline, or the ground disturbance, be suspended and not resume until

 

(i)      the contravention ceases and this Act or the regulation, permit, licence, order, direction or approval of the Board is complied with,

 

(ii)     approved methods or practices are employed or adopted,

 

(iii)   remedial measures are taken, or

 

(iv)    proper, safe and adequate equipment is used,

 

(b)          the Board may order that the construction or operation of the pipeline, or the ground disturbance, be suspended until further order, or

 

(c)          the Board may initiate an inquiry.

 

31(2)          Where the Board makes an order under paragraph (1)(a) or (b), it shall advise the permittee, licensee or person responsible for the ground disturbance in writing, setting out the reasons for the order.

 

31(3)          Where the Board suspends a permit or licence, the Board may order the permittee or licensee to maintain the pipeline in accordance with the directions of the Board.

 

Application of Boiler and Pressure Vessel Act

32                The Boiler and Pressure Vessel Act and the regulations made under it apply to the manufacture, installation and inspection of any pressure vessel and any steam or refrigerating or other pressure plant forming part of a pipeline.

 

Certificate of professional engineer

33(1)          In this section,

 

"professional engineer" means a person who

 

(a)          is registered as a member of the Association of Professional Engineers and Geoscientists of New Brunswick as entitled to engage in the practice of engineering,

 

(b)          has received a licence from the Executive Council of the Association of Professional Engineers and Geoscientists of New Brunswick to engage in engineering, or

 

(c)          is practising as a professional engineer under subsection 10(7) of the Engineering and Geoscience Professions Act.

 

33(2)          A permittee or licensee shall obtain an opinion in writing from a professional engineer that the design, construction, installation, replacement, extension, reclassification or testing of a pipeline has been carried out in accordance with this Act and the regulations.

 

33(3)          A licensee that has a pipeline upgraded shall, before activating it, obtain an opinion in writing from a professional engineer that the pipeline has been upgraded in accordance with this Act and the regulations.

 

33(4)          A permittee or licensee shall retain the written opinions obtained under this section at its head office in New Brunswick for the life of the pipeline and shall file a copy of each written opinion with the Board without delay.

 

Inspections

34(1)          The Board may, for the purposes of ensuring compliance with the provisions of this Act and the regulations, authorize a person to exercise any of the powers in this section.

 

34(2)          The Board shall issue to every person authorized under this section a certificate of authorization, and every person, in the execution of his or her duties under this Act or the regulations, shall produce his or her certificate of authorization upon request.

 

34(3)          A person authorized by the Board under this section may, at any reasonable time, upon producing proper identification when requested, enter any premises, building or place and may

 

(a)          have access to pipelines and routes of proposed pipelines and to all buildings, installations, structures and land incidental to those pipelines or routes,

 

(b)          access any controlled area,

 

(c)          enter on any land that the person must cross to reach a pipeline, installation or controlled area,

 

(d)          inspect or test any pipeline or controlled area and take samples of any substance being transmitted by a pipeline, and

 

(e)          inspect all records and documents pertaining to the construction, operation and maintenance of the pipeline or the undertaking of a ground disturbance.

 

34(4)          In carrying out an inspection, the person authorized by the Board may

 

(a)          use a data processing system at the premises, place or building where the records or documents are kept,

 

(b)          reproduce any record or document,

 

(c)          use any copying equipment to make copies of any record or document, and

 

(d)          remove any records, documents or other things.

 

34(5)          A person authorized by the Board who removes records, documents or other things shall give a receipt for the items and return them as soon as possible after the making of copies or extracts or examination of the thing.

 

34(6)          Copies or extracts from records or documents removed under this section and certified as being true copies of or extracts from the originals by the person who made them are admissible in evidence to the same extent and have the same evidentiary value as the originals.

 

34(7)          Every person carrying out an inspection or accompanying a person carrying out an inspection under this section shall preserve confidentiality in respect of all matters that come to his or her knowledge in the course of the inspection and shall not communicate those matters to any person except

 

(a)          if required to do so in connection with the administration of this Part or any proceedings under this Act,

 

(b)          if it is to his or her counsel, or

 

(c)          if the person to whom the information relates has consented to the communication.

 

34(8)          No person to whom subsection (7) applies shall be required to give testimony in any civil proceeding with regard to information obtained by him or her in the course of his or her inspection.

 

Samples and tests

35(1)          The Board may at any time order that a sample of any substance being transmitted by a pipeline be taken and analyzed by such agency or person as it determines and the results forwarded to the Board.

 

35(2)          The Board may at any time order a permittee or licensee to make inspections or tests of the pipeline and may prescribe the manner in which they are to be made and the results forwarded to the Board.

 

Alteration or relocation

36(1)          When in its opinion it would be in the public interest to do so, the Board may, on any terms and conditions it considers proper, order a permittee or licensee

 

(a)          to alter or relocate any part of its pipeline,

 

(b)          to install additional or other equipment on its pipeline, or

 

(c)          to erect permanent fencing on the right of way or provide any other protective measures within a controlled area that the Board considers necessary.

 

36(2)          Where the Board makes an order under subsection (1), it may order by whom and to whom payment of the cost of the work and material, or either, shall be made.

 

36(3)          If a dispute arises over the amount to be paid pursuant to an order under subsection (1), the Board may decide it in a summary manner and the decision of the Board is final.

 

Breaks or leaks

37(1)          In this section, "break" means a rupture in any part of a pipeline not subject to inspection under the Boiler and Pressure Vessel Act.

 

37(2)          Upon the occurrence of a break or leak in a pipeline, the permittee or licensee shall, in accordance with the regulations, if any, immediately cause the Board and such other persons as may be specified by the regulations to be informed of the location of the leak or break.

 

Damage to property

38(1)          If in constructing or operating a pipeline, any damage occurs to a structure, other pipeline or to a private or public utility, the permittee or licensee shall immediately cause the damage to be repaired, unless an arrangement has otherwise been made with the owner.

 

38(2)          Any person, including a permittee or licensee and its agents or employees or anyone acting on its behalf, shall be liable to the owner or occupier for all damages caused to land or property while carrying out activities authorized by this Act.

 

Acquisition of land

39(1)          Where a permittee or licensee requires an interest in land for the purposes of a pipeline, it may acquire the interest

 

(a)          by negotiation with the owner, or

 

(b)          by proceeding under section 7 of the Expropriation Act.

 

39(2)          In this section, "interest in land" does not include an interest in mines, minerals, oil, gas, coal or bituminous shale or an underground storage facility.

 

PART 3

ACCESS TO GAS PIPELINE FOR TRANSMISSION

Definitions

40                The following definitions apply in this Part.

 

"common carrier" means a person declared to be a common carrier by the Board under section 41. (transporteur commun)

 

"sufficient notice" means notice in the manner and form, within the period, with the content and by the person required by the Board. (préavis suffisant)

 

"tariff" means a schedule of tolls, terms and conditions, classifications, practices or rules and regulations applicable to the provision of a service by a common carrier, and includes rules respecting the calculation of tolls. (droits)

 

"toll" includes any toll, rate, charge or allowance charged or made for the shipment, transportation, care, handling or delivery of gas that is transmitted through a pipeline. (tarif)

 

Order declaring a person to be a common carrier

41                On application by an interested person and after a hearing, sufficient notice of which has been given to all persons the Board believes may be affected, the Board may issue an order, to be effective on a date determined by the Board, declaring a person who owns or operates a pipeline for the transmission of gas to be a common carrier with respect to the operation of the pipeline.

 

Filing or approval of tolls

42                No person that is declared to be a common carrier shall charge any toll except tolls that are

 

(a)          specified in a tariff that has been filed with the Board and is in effect, or

 

(b)          approved by an order of the Board.

 

Filing of tariff

43                Where a common carrier files a tariff with the Board, the Board may establish the day on which the tariff is to come into effect, and if the carrier proposes to charge a toll different from the one that is in effect, the carrier shall not commence to charge the toll specified in the tariff before that day.

 

Tolls to be just and reasonable

44                All tolls shall be just and reasonable, and shall always, under substantially similar circumstances and conditions with respect to all traffic of the same description carried over the same route, be charged equally to all persons at the same rate.

 

Interim tolls

45                The Board may make an interim order authorizing a common carrier to charge tolls until a specified time or the happening of a specified event, and the Board may, in any subsequent order, direct the carrier

 

(a)          to refund, in a manner satisfactory to the Board, such part of the tolls charged by the carrier under the interim order as is in excess of the tolls determined by the Board to be just and reasonable, together with interest on the amount so funded, or

 

(b)          to recover in its tolls, in a manner satisfactory to the Board, the amount by which the tolls determined by the Board to be just and reasonable exceed the tolls charged by the carrier under the interim order, together with interest on the amount so recovered.

 

Discrimination

46(1)          A common carrier shall not make any unjust discrimination in tolls, service or facilities against any person.

 

46(2)          Where it is shown that a common carrier makes any discrimination in its tolls, services or facilities against any person, the burden of proving that the discrimination is not unjust lies on the carrier.

 

Disallowance of tariff

47                The Board may disallow any tariff or any portion of it that it considers to be contrary to any provision of this Part or to any order of the Board, and may require a common carrier, within a prescribed time, to substitute a tariff satisfactory to the Board in place of the tariff, or may prescribe other tariffs in place of the tariff or portion so disallowed.

 

Order of Board respecting access

48                The Board may, subject to such terms and conditions as the Board prescribes, order a common carrier to receive, transport and deliver gas by means of the pipeline owned or operated by the carrier and the carrier shall comply with the order without delay.

 

Transmission facilities

49                Where the Board finds it necessary or desirable in the public interest, it may order a common carrier to extend or improve its transmission facilities for the junction of its pipeline with any facilities of any person engaged or legally authorized to engage in the distribution of gas, if the Board finds that no undue burden will be placed on the carrier.

 

PART 4

POWERS AND DUTIES OF BOARD

Jurisdiction of the Board

50(1)          The Board shall supervise the activities of permittees and licensees and has full jurisdiction to inquire into, hear and determine any matter

 

(a)          where it appears to the Board that any person has failed to do any act, matter or thing required to be done by this Act or by any regulation, permit or licence, or any approval, order or direction made by the Board, or that any person has done or is doing something contrary to or in contravention of this Act, or any such regulation, permit, licence, approval, order or direction, or

 

(b)          where it appears to the Board that the circumstances may require the Board, in the public interest, to make any order or give any direction or approval that it is authorized to make or give, or with respect to any matter, act or thing that by this Act or any such regulations, permit, licence, approval, order or direction is prohibited, sanctioned or required to be done.

 

50(2)          The Board may inquire into any accident involving a pipeline and may, at the conclusion of the inquiry, make

 

(a)          findings about the cause of the accident or factors contributing to it,

 

(b)          recommendations for preventing future similar accidents, or

 

(c)          any decision or order that the Board can make.

 

50(3)          The Board has full jurisdiction to hear and determine all matters, whether of law or fact.

 

50(4)          The Board may

 

(a)          order and require any person to do, immediately or within or at any specified time and in any manner it may determine, any act, matter or thing that the person is or may be required to do under this Act, or any regulation, permit or licence, or any approval, order or direction made or given by the Board, and

 

(b)          forbid the doing or continuing of doing of any thing that is contrary to this Act or any such regulation, permit, licence, approval, order or direction.

 

50(5)          The Board may of its own motion inquire into, hear and determine any matter that under this Act it may inquire into, hear and determine that does not expressly require an application before the Board.

 

Powers of the Board

51                The Board has all the powers, rights and privileges as are vested in The Court of Queen's Bench of New Brunswick concerning the attendance, swearing in and examination of witnesses, the production and inspection of documents, the enforcement of its orders, the entry on and inspection of property and other matters necessary or proper for the due exercise of its jurisdiction.

 

Procedure

52                When inquiring into, hearing or determining any matter, the Board

 

(a)          is the master of its own procedure and may give directions about process and procedure that it considers appropriate in the circumstances, including a direction for an electronic hearing, a written hearing, an oral hearing or a pre-hearing conference,

 

(b)          may request from anyone evidence or studies in the possession of or under the control of the person, and may require anyone to gather evidence or prepare studies relevant and incidental to the matters over which it has jurisdiction under this Act,

 

(c)          is not required to hold an oral hearing unless it considers it necessary to do so in order to act in a procedurally fair manner,

 

(d)          shall ensure procedural fairness to all affected persons,

 

(e)          is not bound by any common law rule of evidence except that the evidence it considers shall be relevant, material and trustworthy as it determines, and

 

(f)           may make orders allowing evidence to be taken outside the Province and used in its proceedings.

 

Protection of commissioners and employees

53                No commissioner or employee of the Board shall be required to give testimony in any civil action to which the Board is not a party concerning information obtained in carrying out his or her official duties for the Board.

 

Appointment and payment of agents

54(1)          The Board may appoint counsel, experts or other persons to assist it in any matter within its jurisdiction under this Act or to institute or attend proceedings before any other tribunal or authority, and the Board may order by whom the fees and expenses of the persons so appointed shall be paid.

 

54(2)          Where the Board appoints any counsel, expert or other person under subsection (1) to perform any service under this Act, that person shall be paid by the Board and shall be reimbursed for expenses at rates fixed by the Board.

 

Relief, review and variance of decisions

55(1)          Upon any application to it, the Board may make an order granting the whole or part only of the application, make a conditional order, or grant further or other relief besides or instead of that applied for, as fully and in all respects as if the application had been for such partial, further or other relief.

 

55(2)          The Board may require a re-hearing of an application before making any decision on it.

 

55(3)          The Board may review, rescind or amend any decision or order it has made.

 

Ex parte orders

56                If the special circumstances of any case so require, the Board may make an interim ex parte order, but it shall make no ex parte order for any longer time than it considers necessary to enable the matter to be determined by means of its normal procedures.

 

Interim orders

57                Instead of making an order final in the first instance, the Board may make an interim order and give further directions for completing the matter before it.

 

Orders valid despite technical defect

58                Substantial compliance with the requirements of this Act is sufficient to give effect to all orders or decisions of the Board, and they are not invalid for any technical or non-material defect.

 

Appeal does not stay order

59                Every order of the Board comes into effect on the date it is made unless the order states otherwise, and an appeal to The Court of Appeal of New Brunswick under section 71 does not stay its operation, unless a judge of the Court orders otherwise, but the Board itself may suspend the operation of the appealed order until the Court has rendered its decision.

 

Production of documents

60(1)          A permittee or licensee to whom the Board makes a request for documents or information of any kind shall furnish the required documents or information to the Board.

 

60(2)          The Minister and any other minister of the Executive Council, Service New Brunswick or a Crown corporation or other agency of the Province shall furnish the Board with such certificates and certified copies of documents as it may in writing require, without charge, and the Board may at any time search in the public records of Service New Brunswick without charge.

 

Certification of documents

61(1)          A copy of any rule, order, direction, decision or report made or given by the Board or any of its officers, purporting to be certified by the secretary of the Board, shall be received in evidence as proof, in the absence of evidence to the contrary, of the original document without proof of the signature or appointment of the person so certifying.

 

61(2)          Any document purporting to be certified by the secretary of the Board as a copy of a document or an extract of a document deposited with the Board shall be received in evidence as proof, in the absence of evidence to the contrary, that the original was so deposited and that it was received or signed as it purports to be in the certified copy without proof of the signature or appointment of the person so certifying.

 

Contempt proceedings

62(1)          The Board may, of its own motion or on the motion of a party to a proceeding, state a case to The Court of Queen's Bench of New Brunswick setting out the facts where any person, without lawful excuse,

 

(a)          on being duly summoned as a witness at a hearing, makes default in attending at the hearing,

 

(b)          being in attendance as a witness at an oral hearing or otherwise participating as a witness at an electronic hearing, refuses to take an oath or to make an affirmation legally required by the Board to be taken or made, or to produce any document or thing in his or her power or control legally required by the Board to be produced by him or her or to answer any question to which the Board may legally require an answer,

 

(c)          fails to participate in an oral or electronic hearing of the matter, having objected to a hearing being held as a written hearing,

 

(d)          fails to attend a pre-hearing conference at which the person is a party, when so directed by the Board, or

 

(e)          does any other thing that would, if the Board had been a court of law having power to commit for contempt, have been contempt of that court.

 

62(2)          The Court of Queen's Bench of New Brunswick shall inquire into the matter and, after hearing any witnesses who may be produced against or on behalf of the person referred to in subsection (1), and after hearing any statement that may be offered in defence, punish or take steps for the punishment of that person as if he or she had been guilty of contempt of the court.

 

Joint proceedings

63                Subject to the prior approval of the Minister and any terms or conditions that the Minister may specify, the Board or any commissioner or commissioners appointed by the chairman of the Board may participate in joint proceedings with authorities constituted under other laws of the Province or under the laws of other jurisdictions to supervise pipelines.

 

64(1)          Where the chairman of the Board so directs, any proceeding required to be held under this Act may be conducted as a joint proceeding.

 

64(2)          Subject to any terms or conditions that the Minister may specify, where a proceeding required to be held under this Act is conducted as a joint proceeding, the commissioner or commissioners of the Board participating in the joint proceeding shall, notwithstanding any other provision of this Act, be deemed to be the Board and to have all the authority, powers and immunities of the Board with respect to all things related to the application or matter being considered at the proceeding.

 

Forbearance from regulation

65(1)          The Board may forbear, in whole or in part and conditionally or unconditionally, from the exercise of any power or the performance of any duty of its own making where the Board finds as a question of fact that forbearance would be consistent with the purpose of the Act.

 

65(2)          If the Board does forbear from regulation, it may later resume a greater degree of regulation if it considers that its level of forbearance is no longer warranted.

 

Costs

66(1)          Except as otherwise provided in this Act, the costs of any proceeding before the Board are at the discretion of the Board and in any case may be fixed by the Board or may be taxed.

 

66(2)          The Board may order by whom and to whom any costs are to be paid and by whom they are to be assessed, and the Board or the person assessing the costs is not bound by the rules applicable to an award of costs by a court in litigation.

 

Recovery of Board's expenses

67(1)          The annual expenses of the Board incurred or to be incurred by it in relation to its operations under this Act in each fiscal year, together with any sum needed to make up any arrears or deficiency in the assessment for the preceding year, or their collection, shall be borne by permittees and licensees.

 

67(2)          The fiscal year of the Board commences on April 1 in one year and ends on March 31 in the following year.

 

67(3)          The Board shall

 

(a)          determine the amount to be assessed for annual expenses, having regard to the amount required for the previous year, and

 

(b)          categorize the amount to be assessed as direct expenses or common expenses.

 

67(4)          The Board shall

 

(a)          after the first day of December of the year before the commencement of the fiscal year in respect of which the expenses are determined, assess up to one-half of the amount determined under paragraph (3)(a), and

 

(b)          after the first day of April of the fiscal year in respect of which the expenses are determined, assess the remaining amount determined under paragraph (3)(a).

 

67(5)          The Board, in a manner that to it appears appropriate, shall assess each permittee and licensee

 

(a)          its direct expenses, and

 

(b)          its share of the common expenses,

 

and shall notify each permittee and licensee by registered mail of the amount so assessed upon it.

 

67(6)          The Board may recover its start-up costs by assessment from permittees and licensees over the period that it shall determine, and shall remit them to the Minister of Finance.

 

67(7)          The Board shall notify each permittee and licensee by registered mail of the amount assessed upon it under subsection (6).

 

67(8)          A permittee or licensee shall, on receipt of a notice under subsection (5) or (7), pay the assessed amount to the Board within 30 days after the posting of the notice.

 

67(9)          Where a permittee or licensee fails to pay the amount or any portion of the amount assessed under this section, the Board may make an order requiring the payment and file the order with The Court of Queen's Bench of New Brunswick, and the order, on filing, shall have the same force and effect as an order of the Court.

 

Annual report

68(1)          The Board shall make a report annually to the Minister containing such information as the Minister may require.

 

68(2)          The Minister shall lay the report before the Legislative Assembly if then sitting, or if not sitting, when it next sits.

 

Immunity

69                No commissioner or employee of the Board is personally liable for anything done by the Board or by him or her in carrying out his or her duty, and each has the same protection and privileges as are conferred upon commissioners or employees under the Inquiries Act for any act done or omitted to be done in the execution of his or her duty.

 

Conflict of interest

70(1)          No commissioner or employee of the Board shall be directly or indirectly employed by or interested in a permittee or licensee or any applicant before the Board, or interested in a share, stock, bond, mortgage, security or contract of a permittee, licensee or applicant.

 

70(2)          Where a commissioner or employee of the Board voluntarily becomes so interested, the Lieutenant-Governor in Council may revoke the appointment of the commissioner or the Board may dismiss the employee.

 

70(3)          Where a commissioner or employee becomes interested otherwise than voluntarily, the commissioner or employee shall, within a reasonable time, dispose of the interest and if he or she fails to do so, the Lieutenant-Governor in Council may revoke the appointment of the commissioner or the Board may dismiss the employee.

 

70(4)          No commissioner or employee of the Board is disqualified from acting by reason only of being a consumer of gas, oil or any mineral for personal or domestic purposes.

 

Appeals

71(1)          An appeal lies from an order or decision of the Board to The Court of Appeal of New Brunswick in accordance with the New Brunswick Rules of Court under the Judicature Act upon a question

 

(a)          involving the jurisdiction of the Board,

 

(b)          of law, or

 

(c)          of procedural fairness,

 

but no appeal lies from any finding that is primarily a finding of fact by the Board.

 

71(2)          The Board may be a party to an appeal, may appear by counsel and may in argument fully defend its decision in an appeal.

 

71(3)          Neither the Board nor any commissioner or employee is in any case liable to costs by reason of, or in respect of, an appeal or application under this Act.

 

Confidentiality of information

72                Where information obtained by the Board concerning the costs of a person in relation to operations of the person that are regulated under this Act, or other information that is by its nature confidential, is obtained from such person by the Board in the course of performing its duties under this Act, or is made the subject of an inquiry by any party to any proceeding held pursuant to the provisions of this Act, such information shall not be published or revealed in such a manner as to be available for the use of any person unless in the opinion of the Board such publication or revelation is necessary in the public interest.

 

PART 5

GENERAL

Prohibitions

73(1)          No person shall

 

(a)          obstruct or cause any obstruction to the construction or operation of a pipeline,

 

(b)          wilfully do any damage to a pipeline, or

 

(c)          harm, remove, deface or destroy a sign marking a pipeline that is erected in accordance with the regulations, except for replacement, repair or removal of the sign that is authorized under the regulations.

 

73(2)          No person shall obstruct a person authorized by the Board under section 34 from carrying out his or her duties under this Act or the regulations, or withhold, destroy, conceal or refuse to furnish any information or thing required by the person for the purposes of the inspection.

 

73(3)          No person shall knowingly make a false or misleading statement, either orally or in writing, to a person authorized by the Board under section 34 while that person is engaged in carrying out his or her duties under this Act or the regulations.

 

Limitation period

74                Proceedings with respect to an offence under this Act or the regulations may be instituted at any time within one year after the occurrence of the alleged offence.

 

Penalties

75(1)          Subject to subsection (2), a person who violates or fails to comply with a provision of the regulations commits an offence.

 

75(2)          A person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed by regulation commits an offence of the category prescribed by regulation.

 

75(3)          A person who violates or fails to comply with an order of the Board commits an offence.

 

75(4)          A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

 

75(5)          For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

 

Continuing offence

76                Where an offence under this Act continues for more than one day,

 

(a)          the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

 

(b)          the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

 

Administration

77                The Minister of Energy is responsible for the administration of this Act.

 

Regulations by the Lieutenant-Governor in Council

78(1)          The Lieutenant-Governor in Council may make regulations

 

(a)          prescribing the distance or distances from a pipeline or category of pipeline that establishes the boundary of the controlled area for that pipeline or category of pipeline;

 

(b)          prescribing substances to be minerals or deeming substances not to be minerals for the purposes of the definition "mineral";

 

(c)          prescribing conditions subject to which a permittee or licensee, or a person proposing to construct a pipeline or part of a pipeline, may enter onto land of another person;

 

(d)          prescribing a schedule of fees for applications for permits and licences and for any other applications;

 

(e)          declaring any specific work, operation or activity that results in a disturbance of the earth not to be a ground disturbance;

 

(f)           respecting matters preparatory to or in connection with any ground disturbance;

 

(g)          prescribing the distance from the area of a ground disturbance within which the duties and responsibilities prescribed in section 29 apply;

 

(h)          respecting the forms of security and terms and conditions of the security for the payment of damages arising from claims made against any permittee or licensee;

 

(i)           exempting any person or class of persons from any provision of the regulations made under this Act;

 

(j)           governing the construction of pipelines in municipalities or rural communities either in or outside of a planning district under the Community Planning Act and in unincorporated areas; requiring the approval of a development officer appointed under the Community Planning Act or an agreement or permit under another act for such construction; requiring financial security and the payment of fees; and defining the rights, immunities and liabilities of persons in respect of pipeline construction;

 

(k)          fixing the method of gauging the gas, oil or any other substance in any pipeline;

 

(l)           fixing the number of meters, governors and control valves, and providing for their installation;

 

(m)         providing for the analysis and testing of gas and oil;

 

(n)          specifying the methods of making any tests, analyses, surveys or logs and of obtaining other information, and governing the submission of reports and information to the Minister;

 

(o)          specifying the maximum pressure to which any pipeline may be subjected;

 

(p)          prescribing, in relation to offences under the regulations, categories of offences for the purposes of Part II of the Provincial Offences Procedure Act;

 

(q)          respecting other matters relating to this Act as will, in the opinion of the Lieutenant-Governor in Council, carry out its intent and facilitate its administration.

 

78(2)          A regulation made under subsection (1) may be general or specific in its application.

 

Regulations by the Board

79(1)          The Board may make regulations

 

(a)          prescribing the information or material that is to be included in or is to accompany any application under this Act or the regulations;

 

(b)          identifying the persons to be served with notice of an application for a permit, licence or other authorization under this Act and specifying the form and method of service of the notice;

 

(c)          prescribing a form of agreement under which an interest in land may be acquired by negotiation;

 

(d)          requiring and prescribing tests and surveys at any time;

 

(e)          requiring information obtained by tests or surveys to be submitted to the Board;

 

(f)           respecting the making of reports and the authority or person to whom they are to be made;

 

(g)          concerning when and to whom information contained in records, reports and information submitted to or acquired by the Board may be made available;

 

(h)          providing for detailed designs, plans, programs, profiles, risk assessments and other information about the construction, operation or maintenance of pipelines to be submitted to the Board;

 

(i)           providing for the inspection of pipelines during and after their construction, and for the cost of any inspection, and specifying who shall pay the cost;

 

(j)           providing for the reconstruction or removal of pipelines or works that, through deterioration or otherwise, have become, or in the opinion of the Board may become, a danger or menace to life or property;

 

(k)          requiring the upgrading of pipelines or portions of pipelines and respecting the standards of upgrading;

 

(l)           regarding equipment, material and installations that may be used in any pipeline or in any works, fittings, machinery or plant connected with any pipeline;

 

(m)         governing safety measures for protecting life and property during and after the construction or installation of pipelines and during their operation;

 

(n)                    providing for the marking of pipelines with signs in both official languages and the replacement, repair or removal of such signs;

 

(o)          governing the design, construction, testing, operation, maintenance, discontinuance and resumption of pipelines, including specifications and standards;

 

(p)          adopting by reference, in whole or in part with such changes as the Board considers necessary, any regulation, code, standard, guideline, procedure or rule in relation to pipelines and requiring compliance with the regulation, code, standard, guideline, procedure or rule;

 

(q)          respecting the abandonment and the removal of pipelines;

 

(r)          respecting a scale for the assessment of costs in proceedings before the Board;

 

(s)          respecting applications and filings under Part 3 and the fixing of tolls and tariffs;

 

(t)           respecting practice and procedure before the Board in connection with matters under this Act;

 

(u)          governing such other matters relating to the authority assigned to it under this Act as the Board considers necessary to facilitate the administration of this Act.

 

79(2)          The Board may, by order made on such terms and conditions as it considers appropriate, exempt a permittee or licensee from the application of any regulation or any provision of a regulation made under subsection (1).

 

Transitional provisions

80(1)          An application for a permit before the Board under the Pipe Line Act or the Gas Distribution Act, 1999 on the commencement of this section shall be dealt with and completed by the Board in accordance with the provisions of this Act.

 

80(2)          An application for a licence before the Minister under the Pipe Line Act on the commencement of this section shall be dealt with and completed in accordance with that Act as it stood immediately before its repeal.

 

80(3)          An application for a licence to operate a pipeline before the Board under the Gas Distribution Act, 1999 on the commencement of this section shall be dealt with and completed by the Board in accordance with the provisions of this Act.

 

81(1)          A person who was operating a pipeline under the Pipe Line Act immediately before the repeal of that Act and who was not required to hold a licence to operate the pipeline or who was deemed to hold a licence to operate the pipeline shall apply to the Board for a licence to operate the pipeline no later than 6 months after the commencement of this section.

 

81(2)          Notwithstanding section 11, a person who is required to apply for a licence under subsection (1) may continue to operate the pipeline until the determination of its application by the Board, subject to any orders or directions made by the Board in respect of such operation.

 

82                Any permit or licence that was issued under the Pipe Line Act or the Gas Distribution Act, 1999 in respect of the construction or operation of a pipeline that is now governed by this Act and that was in force immediately before the commencement of this section shall be deemed to be a permit or licence granted under this Act.

 

CONSEQUENTIAL AMENDMENTS

Gas Distribution Act, 1999

83(1)          Section 1 of the Gas Distribution Act, 1999, chapter G-2.11 of the Acts of New Brunswick, 1999, is amended

 

(a)          by repealing the following definitions:

 

"environment"

"ground disturbance"

"highway"

"licence" "licensee"

"permit" "permittee"

"professional engineer"

"road"

"standard construction regulation"

 

(b)          in the definition "pipeline" by striking out "a pipeline for which a permit has been issued under the Pipe Line Act or".

 

83(2)          Paragraph 8(1)(b) of the Act is amended by striking out ", and to carry out the requirements of the standard construction regulation".

 

83(3)          The heading preceding section 16 of the Act is amended by striking out the following:

 

PART 2 – PIPELINE CONSTRUCTION AND OPERATION

PERMITS AND LICENCES

 

83(4)          Sections 16 to 26, inclusive, of the Act are repealed.

 

83(5)          Section 28 of the Act is repealed and the following is substituted:

 

28                A gas distributor shall be a corporation, partnership or limited partnership authorized by the laws of the Province to carry on business in the Province.

 

83(6)          Sections 29 to 46, inclusive, of the Act are repealed.

 

83(7)          Section 71 of the Act is amended

 

(a)          in subsection (1)

 

(i)      in paragraph (a) by striking out "licence or permit" and "licence, permit,";

 

(ii)     in paragraph (b) by striking out "licence, permit,";

 

(b)          in subsection (4)

 

(i)      in paragraph (a) by striking out "licence or permit,".

 

(ii)     in paragraph (b) by striking out "licence, permit,".

 

83(8)          Subsection 95(1) of the Act is amended

 

(a)          by repealing paragraph (a);

 

(b)          by repealing paragraph (b);

 

(c)          by repealing paragraph (c);

 

(d)          by repealing paragraph (d);

 

(e)          by repealing paragraph (e);

 

(f)           by repealing paragraph (k) and substituting the following:

 

(k)          prescribing a schedule of fees for applications, orders and any other things made, required or done under this Act;

 

(g)          by repealing paragraph (l);

 

(h)          by repealing paragraph (n);

 

(i)           by repealing paragraph (q).

 

83(9)          Subsection 96(1) of the Act is amended

 

(a)          in paragraph (d) by striking out "authorized under Part 2 to construct or operate a pipeline";

 

(b)          in paragraph (e) by striking out "licences, permits,";

 

(c)          by repealing paragraph (f);

 

(d)          in paragraph (g) by striking out "permit, licence,";

 

(e)          by repealing paragraph (o);

 

(f)           by repealing paragraph (p);

 

(g)          by repealing paragraph (q);

 

(h)          by repealing paragraph (r);

 

(i)           by repealing paragraph (s);

 

(j)           by repealing paragraph (t);

 

(k)          by repealing paragraph (u);

 

(l)           by repealing paragraph (v);

 

(m)by repealing paragraph (w);

 

(n)          by repealing paragraph (ii).

 

83(10)        Subsection 97(3) of the Act is amended by striking out "40(1),".

 

83(11)        Section 99 of the Act is repealed.

 

83(12)        Schedule A of the Act is amended by striking out the following:

 

16(1)     H

25(1)     H

27(1)     H

34(1)     H

35(1)     H

36(1)     G

37(1)     G

39(1)     G

41(1)     H

42(1)     G

 

and

 

99(a)     H

99(b)     H

99(c)     H

 

Community Planning Act

84(1)          Section 1 of the Community Planning Act, chapter C-12 of the Revised Statutes, 1973, is amended in the definition "development"

 

(a)          in paragraph (a) by striking out "Gas Distribtion Act, 1999" and substituting "Pipeline Act, 2005".

 

(b)          in paragraph (d) by striking out "Gas Distribtion Act, 1999" and substituting "Pipeline Act, 2005".

 

84(2)          Section 76.01 of the Act is amended by striking out "Gas Distribution Act, 1999" and substituting "Pipeline Act, 2005".

 

REPEAL

Pipe Line Act

85               The Pipe Line Act, chapter P-8.1 of the Acts of New Brunswick, 1976, is repealed.

 

COMMENCEMENT

Commencement

86               This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

 

SCHEDULE A

Column I

 

Column II

Section

 

Category of Offence

4(1)F

11F

16(1)E

17(1)E

18C

19C

21J

22(1)F

22(2)F

23(1)F

24(4)C

25(1)H

26(1)H

28F

29(1)(a)H

29(1)(b)H

29(4)H

29(5)F

29(6)C

30(1)H

33(4)C

37(2)I

73(1)(a)E

73(1)(b)J

73(1)(c)C

73(2)E

73(3)F

75(1)C

75(3)F