Routine Highway Maintenance Over Pipelines

WHEREAS timely maintenance of local government highways is a matter of public safety; AND WHEREAS Kinder Morgan has taken issue with local governments filling potholes and performing routine maintenance citing Regulations under the National Energy Board Act; AND WHEREAS the National Energy Board General Order No. 1 Respecting Standard Conditions for Crossings of Pipelines imposes certain conditions which include a condition that a pipeline crossing a highway shall be located so that it will not interfere with highway traffic or maintenance; AND WHEREAS there is uncertainty and confusion regarding the application of Regulations cited by Kinder Morgan, the effect of National Energy Board General Order No. 1 Respecting Standard Conditions for Crossing of Pipelines and conditions that may have been imposed under the earlier enactments of s. 108 of the National Energy Board which provides that any certificate approving a pipeline may contain terms and conditions related to pipelines crossing highways and other utilities: Therefore be it resolved that UBCM request the federal Ministry of Natural Resources to revise the Regulations under the National Energy Board Act such that the Regulations appropriately balance public safety and the continuing need for local governments to undertake routine highway maintenance without having to first provide notice to or obtain a permit from the owner or operator of the pipeline.