WHEREAS timely maintenance of municipal highways is a matter of public safety; AND WHEREAS Kinder Morgan has taken issue with municipalities 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 Crossings 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 and FCM 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 municipalities to undertake routine highway maintenance without having to first provide notice to or obtain a permit from the owner or operator of the pipeline.
Minister of Natural Resources Regarding pipeline safety, new measures to improve energy safety and security will be put into place with the Pipeline Safety Act, which comes into force on June 19, 2016. The new legislation is built around the pillars of prevention, preparedness and response, and liability and compensation. In addition, the NEB is leading an update of damage prevention regulations under the NEB Act. These regulations will clarify the safety zone around pipelines and outline limitations for activities in these zones for companies, landowners and the public. We are also following with interest the development of the BC land-based spill regime, and have committed to taking part in engagement activities for this initiative.