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O. Reg. 157/97: OIL AND GAS PIPELINE SYSTEMS

under Energy Act, R.S.O. 1990, c. E.16

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Versions
revoked or spent June 27, 2001

Energy Act
Loi sur les hydrocarbures

ONTARIO REGULATION 157/97

Amended to: O. Reg. 225/01

OIL AND GAS PIPELINE SYSTEMS

Note: This Regulation was revoked on June 27, 2001. See: O. Reg. 225/01, s. 5.

This Regulation is made in English only.

1. In this Regulation,

“engineering services” means services performed by a person for the purposes of the Act and includes services for reviewing plans or drawings, services relating to requests for variances or deviations, services for monitoring field development projects and services relating to site remediation and general consultations;

“gas” means any gas or mixture of gases suitable for domestic or industrial fuel that is conveyed to the user through a pipeline;

“licence” means a licence referred to in section 12 of the Act;

“oil” means crude oil, liquid petroleum products, natural gasoline, natural gas liquids, liquefied petroleum gas and any condensate resulting from the production, processing or refining of hydrocarbons;

“operating company” includes an individual, partnership, corporation, public agency or other entity operating a gas or oil pipeline system;

“professional engineer” means a professional engineer within themeaning of the Professional Engineers Act. O. Reg. 157/97, s. 1.

2. (1) The publication entitled the Oil and Gas Pipeline Systems Code, 1997, as amended from time to time, issued by the Fuels Safety Program, Technical Standards Division of the Ministry of Consumer and Commercial Relations and the standards and laboratory test reports referred to in it to the extent that they apply to the Code, are adopted as part of this Regulation.

(2) Every person engaged in the design, construction, erection, alteration, installation, testing, operation, maintenance, repair or removal of a pipeline for the transmission of oil or gas or the distribution of gas shall comply with the standards, procedures and requirements of the Code.

(3) If a provision of this Regulation conflicts with a provision of the Code, the provision of this Regulation prevails. O. Reg. 157/97, s. 2.

3. (1) An operating company that intends to use an oil pipeline shall obtain certification from a professional engineer that the design, construction, installation, replacement, extension, reclassification or testing of the pipeline has been carried out in accordance with the Act and this Regulation.

(2) An operating company shall obtain certification from a professional engineer that a gas pipeline having a diameter in excess of 219.1 millimetres or intended to operate at a pressure in excess of 860 kPa has been designed, constructed, installed, replaced, extended or reclassified in accordance with the Act and this Regulation.

(3) An operating company that has a gas pipeline installed or tested shall obtain certification from a person who holds a certificate as a gas pipeline inspector under section 14 of the Act or a professional engineer that the installation or testing has been carried out in accordance with the Act and this Regulation.

(4) An operating company that has a pipeline upgraded shall, prior to activating it, obtain certification from a professional engineer that the pipeline has been upgraded in accordance with the Act and this Regulation.

(5) An operating company shall file the certification referred to in subsection (4) with the Director where the upgrading results in an operating stress level greater than 30 per cent of the specified minimum yield strength of the pipeline.

(6) The operating company shall retain the certifications obtained under subsections (1) to (5) at its head office in Ontario for the life of the pipeline. O. Reg. 157/97, s. 3.

4. Where the Director has reason to believe that an unsafe condition exists in a pipeline, an operating company shalluncover any part of the pipeline at the written request of the Director. O. Reg. 157/97, s. 4.

5. (1) An application for the following licences or theirrenewal shall be made to the Director and shall be accompanied by the non-refundable fee prescribed in the Schedule:

1. A licence to transmit gas.

2. A licence to distribute gas.

3. A licence to transmit oil.

(2) An operating company whose oil transmission pipeline system is less than 20 kilometres in length need not have a licence.

(3) A licence or a renewal of a licence expires 12 months after it is issued, and shall state the date on which it is issued and the date on which it expires.

(4) An inspector may inspect the pipelines for the transmission of oil or gas and for the distribution of gas of an applicant for or the holder of a licence referred to in subsection (1), the installations and repairs performed by or on behalf of the applicant or holder and the workmanship relating to those installations and repairs to determine whether they comply with the Act and this Regulation.

(5) No licence shall be issued or renewed until the applicant for or holder of the licence has paid the prescribed fee for aninspection under subsection (4). O. Reg. 157/97, s. 5.

6. (1) The Director shall issue a duplicate licence on receiving an application therefor and payment of the non-refundable fee prescribed in the Schedule for a duplicate.

(2) A holder of a licence whose name has changed shall apply to the Director for a licence bearing the new name and pay the non-refundable fee prescribed in the Schedule.

(3) The Director shall issue a licence bearing the new name on receiving the application and fee referred to in subsection (2).

(4) The holder of a licence whose address has changed shall notify the Director of the new address within six days of the change. O. Reg. 157/97, s. 6.

7. A professional engineer is exempt from section 14 and subsection 17 (2) of the Act. O. Reg. 157/97, s. 7.

8. (1) The fees set out in the Schedule are payable for the items that are specified.

(2) If the Director or an inspector causes inspection or engineering services to be provided to a person for the purpose of carrying out powers or duties under the Act and this Regulation, the person shall pay the fees set out in the Schedule for those services.

(3) The fees for inspection or engineering services shall include, where applicable, the travel time and reasonable travel and living expenses incurred by the inspector or the person providing the engineering services.

(4) A fee set out in the Schedule that is expressed as an amount per hour is payable on the basis of each quarter hour or part of a quarter hour that the person charging the fee spends, subject to the minimum set out in the Schedule. O. Reg. 157/97, s. 8.

SCHEDULE

FEES

Item

No.

Description

Fees

$

1.

Application for a licence to transmit gas in pipelines for which no licence has previously been issued, or a renewal thereof, if the amount of gas to be transmitted in the twelve-month period following the issuance of the licence is,

 
 

(a) not more than 14,000,000 cubic metres

5,000

 

(b) more than 14,000,000 cubic metres 

25,000

2.

Application for a licence to distribute gas in pipelines for which no licence has previously been issued, or a renewal thereof, if the amount of gas to be distributed in the twelve-month period following the issuance of the licence is,

 
 

(a) not more than 14,000 cubic metres 

nil

 

(b) more than 14,000 cubic metres, but not more than 280,000 cubic metres 

50

 

(c) more than 280,000 cubic metres, but not more than 2,280,000 cubic metres 

500

 

(d) more than 2,280,000 cubic metres, but not more than 1,000,000,000 cubic metres 

5,000

 

(e) more than 1,000,000,000 cubic metres 

75,000

3.

Application for a licence to transmit oil in pipelines for which no licence has previously been issued or a renewal thereof 

25,000

4.

Issuance of a duplicate licence 

15

5.

Issuance of a licence containing a new name 

15

6.

Inspection services 

120
per hour for each inspector providing the services, minimum of one hour

7.

Engineering services 

120
per hour for each person providing the services, minimum of one hour

O. Reg. 157/97, Sched.