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Pipeline Benefits Plan Regulations

made under subsection 44(1) of the

Pipeline Act

R.S.N.S. 1989, c. 345

O.I.C. 97-718 (November 19, 1997), N.S. Reg. 151/97

Citation

1 These regulations may be cited as the Pipeline Benefits Plan Regulations.

Interpretation

(1) In these regulations,

(a) “Act” means the Pipeline Act;

(b) “applicant” means a person who applies for a permit pursuant to the Act or any

regulations made thereunder;

(c) “benefits plan” means a plan for the employment of, the supply of goods and

services by, and the education and training of Nova Scotians by a permit holder

or a licence holder and their contractors during the planning, design,

construction, operation and abandonment of a pipeline;

(d) “contractor” means anyone who performs work authorized by or on behalf of a

permit holder or licence holder, or provides or requires goods or services

pursuant to work or operations authorized by a permit holder or licence holder;

(e) “licence holder” means the person or persons who hold a licence issued by the

Energy Board;

(f) “Minister” means the President of the Executive Council;

(g) “permit holder” means the person or persons who hold a permit issued by the

Energy Board;

(h) “pipeline proponent” means a person who has submitted a benefits plan for

approval pursuant to these regulations.

(2) The

definitions contained in the Act apply to these regulations except where the

context otherwise requires.

Approved benefits plan required

(1) Subject to subsection (2), the Energy Board shall not issue a permit unless

(

a) the applicant has submitted to the Board a benefits plan, respecting the

pipeline, together with a written undertaking that if the applicant is issued a

permit, the applicant will take all reasonable measures to ensure that the

provisions of the benefits plan are carried out; and

(

b) the benefits plan submitted by the applicant pursuant to clause (

a) has been

approved by the Board.

(2) The Energy Board may issue a permit without the applicant submitting a benefits

plan and an undertaking if

(

a) the pipeline to which the application relates is less than 5 km long;

(

b) the pipeline to which the application relates belongs to a class of pipelines

exempted from the provisions of these regulations pursuant to

Section 13; or

(

c) the Minister, with the approval of the Governor in Council, waives the

requirement that a benefits plan be submitted and approved respecting the

pipeline to which the application relates.

Form of application

4 A benefits plan shall be submitted to the Energy Board in a form and containing such

information as the Board may require.

Approval by Energy Board

(1) The Energy Board shall not approve a benefits plan unless the plan provides that

(

a) the pipeline proponent will establish in the Province an office where decisions

are made at a level of authority that the Board considers appropriate;

(

b) individuals residing in the Province will be given first consideration by the

pipeline proponent and its contractors for training and employment respecting

the pipeline;

(

c) where the Board considers appropriate, the pipeline proponent will carry out a

program and make expenditures for the promotion of education and training in

the Province; and

(

d) the pipeline proponent and its contractors will give first consideration to

services provided from within the Province and to goods manufactured in the

Province, where those services and goods are competitive in terms of fair

market price, quality, performance and delivery.

(2) Subject to subsection (1), the Energy Board may approve a benefits plan if, in the

Board's opinion, it would be in the public interest to do so.

(3) The Energy Board may make the approval of a benefits plan subject to such terms

and conditions as are specified at the time the benefits plan is approved.

Consultation with Ministers

6 The Energy Board shall consult with the Minister and the Minister of Economic

Development and Tourism before approving a benefits plan.

[Note: Effective April 9, 2015, the reference to the Minister of Economic Development and Tourism should

be read as a reference to the Minister of Business in accordance with Order in Council 2015-116 under the

Public Service Act , R.S.N.S. 1989, c. 376.]

Public information sessions

7 Before approving a benefits plan, the Energy Board may require that the applicant make

the plan available to the public and hold public information sessions respecting the plan in

specified locations.

Public review

(1) Before approving a benefits plan, the Energy Board may order a public review of the

plan and in so doing the Board may

(

a) order that the pipeline proponent make the plan available to the public;

(

b) establish terms of reference and a timetable that will permit a comprehensive

review of the plan;

(

c) appoint one or more commissioners or examiners to review the plan; and

(

d) cause the commissioners or examiners to hold public hearings at specified

locations in the Province and report to the Energy Board.

confer on the commissioners or examiners appointed pursuant to clause 1(

c) all of

the powers, privileges and immunities conferred on persons appointed as

commissioners pursuant to the Public Inquiries Act .

Joint public reviews

(1) Where a pipeline, an interconnected pipeline or processing plant, or any portion of a

pipeline is subject to a public review required by Her Majesty the Queen in right of

Canada, another province, or any other review process of the Province, any agency,

board or commission established by or under the laws of the Province, the Energy

Board may enter into an agreement with the other party or parties required to hold a

public review in order to

(

a) clarify what portions of the pipeline are governed by the laws of the respective

parties;

(

b) provide for the carrying out of a joint public review of the benefits plan, alone

or as part of a broader public review;

(

c) adopt, for the purposes of the review, all or part of the procedures of another

party;

authority to hold a public review of a benefits plan to another party, and

require that they report to the Board.

(2) If the Energy Board enters into an agreement respecting a public review pursuant to

subsection (1), a public review carried out pursuant to such an agreement shall be

deemed to satisfy any requirement of these regulations respecting a public review.

(3) Where a pipeline, interconnected pipeline, processing plant, or any portion of a

pipeline has been subject to a public review required by Her Majesty the Queen in

right of Canada, another province, or any other review process of the Province, any

agency, board or commission established by or under laws of the Province, and there

is an agreement in existence among the Province, the Canada-Nova Scotia Offshore

Petroleum Board and Her Majesty the Queen in the right of Canada in respect of a

joint public review, the review conducted shall be deemed to satisfy any requirement

of these regulations respecting a public review and the Energy Board shall receive

any recommendations and advice provided under the terms of agreement.

Approval of benefits plan where public review held

10 Despite any other provision of these regulations, where the Energy Board orders a public

review of a benefits plan pursuant to

Section 8 or enters into an agreement respecting a

public review pursuant to

Section 9, the Board shall not approve the benefits plan until the

public review is complete.

Permit holder to carry out plan

11 If a benefits plan respecting a pipeline has been approved by the Energy Board, it shall be a

condition of the permit respecting the pipeline that the permit holder shall take all

reasonable measures necessary to ensure that the provisions of the approved benefits plan

Reporting

(1) Every permit holder who has had a benefits plan approved shall submit a written

report to the Energy Board at least every six months during the planning and

construction of the pipeline that sets out how and to what extent it has carried out the

provisions of the benefits plan, any pertinent factors affecting the implementation of

the plan, and measures taken or to be taken to ensure commitments are being or will

be fulfilled.

(2) The first report required by subsection (1) shall be submitted to the Energy Board

within 180 days of the date on which the permit is issued.

(3) Every licence holder who operates a pipeline for which a benefits plan has been

approved shall submit a written report to the Energy Board at least once every 12

months that sets out how and to what extent it has carried out the provisions of the

benefits plan.

(4) The first report required by subsection (3) shall be submitted to the Energy Board

within one year from the date on which the licence is issued.

Exemptions of classes of pipeline

13 With the approval of the Governor in Council, the Energy Board may exempt any class or

classes of pipelines from the provisions of these regulations.

Effective date

14 These regulations shall come into force on, from and after November 12, 1997.