ARCHIVED - Order MJS-004-2012 to Les Entreprises Nord-Construction (1962) Inc. pursuant to Section 51.1 of the National Energy Board Act

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Order MJS-004-2012 to Les Entreprises Nord-Construction (1962) Inc. pursuant to Section 51.1 of the National Energy Board Act [French only: PDF 1661 KB]

Order MJS-004-2012

IN THE MATTER OF THE NATIONAL ENERGY BOARD ACT,
AN ORDER UNDER SECTION 51.1

Les Entreprises Nord-Construction (1962) Inc. (Nord-Construction)
Full name of the person or Contractor

From September 21 - October 3, 2012, the undersigned National Energy Board Inspection Officer (the Inspector) conducted an assessment of unauthorized activities that were conducted in Boucherville, Quebec on or near the MPLL pipeline right-of-way and which were reported by Montreal PipeLines Limited (MPLL).

The Inspector noted the following: Nord-Construction does not have any official and effective procedure in place concerning safe work practices near federally-regulated pipelines. Furthermore, the contractor did not contact MPLL before commencing excavation within 30 metres of a federally-regulated pipeline or commencing the construction of a facility above, below or along a federally-regulated pipeline as required by the National Energy Board Pipelines Crossing Regulations, Part I (the Regulations).

In view of the foregoing, the Inspector has reasonable grounds to believe that the continued lack of safety awareness and safety procedures for excavation within 30 metres of a federally-regulated pipeline or for construction above, below or belong a federally-regulated pipeline may cause a hazard to the safety of the public or to the employees of the company or a detriment to the environment or to property.

Therefore, Nord-Construction, is HEREBY ORDERED, pursuant to section 51.1 of the National Energy Board Act, to

   take the measures specified below for guarding the safety or security of the public or employees of the company or for protecting the environment or property
  Stop work
  Immediately
 X  by 19 November 2013

Specified measures

Nord Construction shall demonstrate to the Inspector that it will obtain all written permissions required to construct a facility above, below or along a federally-regulated pipeline or to excavate within 30 metres of a federally-regulated pipeline, in accordance with the Regulations.

In addition to ongoing compliance with the Regulations, Nord-Construction shall develop and implement a safety procedure to ensure that excavation or construction work near a federally-regulated pipeline is performed in accordance with the Regulations. The safety procedure shall provide for the following, at a minimum:

  1. Nord-Construction shall not excavate within 30 metres of a federally-regulated pipeline or construct a facility above, below or along a federally-regulated pipeline (hereafter referred to as “work”) unless it is in compliance with the Regulations.
  2. Nord-Construction shall contact the pipeline company directly or via Info-Excavation prior to commencing any work.
  3. Nord-Construction shall ensure that it has obtained all necessary written permissions from the pipeline company before commencing work and shall ensure that it understands the conditions and instructions set out in the permissions and is able to comply with them.
  4. The procedure shall describe how Nord-Construction will ensure that the procedure is fully and successfully implemented ensure compliance with the procedure on an ongoing basis. The procedure shall also stipulate that Nord-Construction will follow up to identify and remedy any deficiencies in its procedure and to verify the successful implementation of its procedure to avoid future unauthorized activities.
  5. The procedure shall describe how Nord-Construction will ensure that the procedure is fully and successfully implemented ensure compliance with the procedure on an ongoing basis. The procedure shall also stipulate that Nord-Construction will follow up to identify and remedy any deficiencies in its procedure and to verify the successful implementation of its procedure to avoid future unauthorized activities.
  6. The City’s inspector must be qualified, and must have and be aware that he/she has the training, duty and authority to stop contractor work if the contractor has not obtained the necessary written permissions from the pipeline company or is not in compliance with the conditions set out in the permissions.

To have this Order lifted, Nord-Construction must provide the Board Inspector with a written procedure that includes items 1 to 5 above at a minimum, no later than 16 November 2012.

If Nord-Construction is required to perform construction work above, below or along a federally-regulated pipeline or carry out excavation within 30 metres of a federally-regulated pipeline, Nord-Construction shall comply with the Regulations and shall implement the specific measures described above, where they are relevant and applicable. Nord-Construction shall provide the Inspector with a written commitment to this effect as soon as possible after receiving this Order.

Information not available

Failure to comply with this Order will result in further enforcement action by the Board. Failure to comply with this Order constitutes an offence punishable on conviction.

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