CACERCanadian Energy Regulator Act, s. 338Primary legislationIn force

Protection of pipeline from mining operations

Canadian Energy Regulator Act section 338 prohibits mining and mineral prospecting within 40 metres of pipelines and connected infrastructure without authorization from a designated officer. Oil and gas wells under pipelines are exempt if drilled beyond the 40-metre buffer. Applicants must submit detailed plans and profiles; officers may impose conditions to protect safety and security.

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Protection of pipeline from mining operations

338 (1) A person must not work or prospect for mines or minerals lying under a pipeline or any of the works connected with the pipeline, or within 40 m of the pipeline, without a designated officer having, by order, authorized it to do so. (2) Despite subsection (1), an order from a designated officer is not required in the case of a well taking oil or gas from lands lying under a pipeline or any of the works connected with the pipeline if the well is not drilled within 40 m of the pipeline. (3) On an application for an order under subsection (1), the applicant must submit a plan and profile of the portion of the pipeline to be affected, giving all reasonable and necessary information respecting the proposed operations. (4) The designated officer may grant the application referred to in subsection (3), subject to any conditions for the protection, safety or security of persons that the designated officer considers appropriate, and may, by order, direct that any things be done that under the circumstances the designated officer considers to be best adapted to remove or diminish the danger arising or likely to arise from the proposed operations.

Source

https://laws-lois.justice.gc.ca/eng/acts/C-15.1/section-338.html

Canonical document at the regulator. Always cite this URL — not the Vantage detail page — in compliance evidence.

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