Power Line Damage Prevention Obligations

Summary#

These are the final International and Interprovincial Power Line Damage Prevention Regulations – Obligations of Holders of Permits and Certificates made under the Canadian Energy Regulator Act. They set rules for companies that own or operate international or interprovincial power lines about how to prevent and respond to damage from construction, digging and crossings. The regulations came into force when registered on March 16, 2020.

What it does#

• Requires a holder of an international or interprovincial power line to join a local one-call centre where one exists.
• Requires holders to respond to a locate request by someone planning work near a line within three working days (or a longer time if both agree). The holder must:
  • give written safety instructions,
  • mark underground portions clearly, and
  • explain what the markings mean.
• Requires inspections and field observations when ground is disturbed near a line, and an inspection of any exposed underground line before backfilling.
• Requires holders to keep a record of all construction and ground-disturbing activities affecting the line for the life of the line (or for 12 months after an authorization that has an expiry date). Records must include authorizations, inspection details (who, when, findings) and any removals or changes.
• Requires each holder to have a damage prevention program. The program must include:
  • public awareness materials about where the line is and how to work safely near it,
  • a process to respond to locate requests,
  • a process to locate and mark underground portions, and
  • a process to manage authorizations for work near the line.
    Holders that already have an appropriate program do not need to create a new one; new or updated programs must be in place within 12 months of the permit or certificate being issued (or by a timeframe in the permit/certificate).
• Requires holders to give the Canadian Energy Regulator an annual report for the previous year, starting in 2021, no later than January 31 each year. The report must describe contraventions, any damage to lines (cause, nature, impacts), safety or reliability concerns, and actions taken or planned.

Who's affected#

• Holders of permits or certificates for international or interprovincial power lines — i.e., owners/operators of transmission lines that cross provincial or international borders.
• People or companies planning to build, dig, or operate vehicles or heavy equipment across, on, along or under these power lines (they must get authorizations and make locate requests).
• One-call centres and their members, who will coordinate locate requests and notices.
• Contractors, landowners, utilities and local governments who do work near these kinds of power lines.
• The source notes consultations with industry, Indigenous groups, agricultural associations and others, but it is not always precise about which specific groups will be affected in each location.

Why it matters#

• The rules aim to reduce accidents and damage to major power lines by clarifying who must do what before digging or crossing a line. That helps protect public safety, power supply reliability and the environment.
• The regulations formalize common industry practices (damage prevention programs and one-call centre membership) and set time limits for responses that people doing nearby work can expect.
• There is a small regulatory cost to holders. The government estimated a total cost of $626,778 over 10 years (annualized $89,239, about $2,412 per business), covering program updates, joining one-call centres and preparing the annual report.