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|C.C.S.M. c. G50||The Gas Pipe Line Act|
|Enacted by||Proclamation status (for any provisions coming into force by proclamation)|
|RSM 1987, c. G50|| |
• whole Act
– in force: 1 Feb 1988 (Man. Gaz.: 6 Feb 1988)
|RSM 1987 Corr.|
|SM 1992, c. 46, s. 56||
• in force: 15 Aug 1993 (Man. Gaz.: 3 Jul 1993)
|SM 1993, c. 4, s. 228||
• in force: 1 Jul 1994 (Man. Gaz.: 25 Jun 1994)
|SM 2000, c. 35, s. 46|
|SM 2008, c. 42, s. 41|
|SM 2011, c. 33, s. 46|
|SM 2012, c. 40, s. 24|
|SM 2013, c. 39, Sch. A, s. 57||
• in force: 1 May 2014 (Man. Gaz.: 3 May 2014)
C.C.S.M. c. G50
The Gas Pipe Line Act
|Table of Contents||Schedule||Bilingual (PDF)||Regulations|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 In this Act,
"board" means The Public Utilities Board; (« Régie »)
"distribution system" means all that part of a gas pipe line that is not a gas transmission line and that is used in any municipality for the distribution of gas to the buildings or structures in which it is used by the ultimate consumers thereof; (« réseau de distribution »)
"gas" means all manufactured gas and all natural gas both before and after it has been subjected to any treatment or process by absorption, purification, scrubbing, or otherwise and includes liquefied petroleum gas; (« gaz »)
"gas pipe line" means a pipe line for the transportation, transmission or conduct of gas and includes
(a) real property and personal property required for such purposes,
(b) any system, works, plant, pipe line or equipment for the transmission, delivery or furnishing of gas, directly or indirectly, to the public, and
(c) a gas transmission line,
but does not include a flow line or pipeline as those terms are defined in The Oil and Gas Act; (« gazoduc »)
"gas transmission line" means a gas pipe line that is used and operated for the transportation, transmission, or conduct of gas to a distribution system and that has been so designated by the board under section 13; (« ligne de transmission de gaz »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
"owner" includes every municipal corporation and other corporation and every person, firm, or association of persons and the lessee, trustee, liquidator, or receiver, of any such corporation or person, which or who owns, operates, manages, or controls, or is constructing, a gas pipe line; (« propriétaire »)
"permittee" means an owner to whom a construction permit for a gas transmission line has been granted. (« titulaire »)
2 This Act applies only to gas pipe lines situated wholly within the province.
GAS PIPE LINES
3(1) Notwithstanding any provision of any other Act, but subject as herein provided, no person shall construct or operate a gas pipe line in the province unless authorized so to do by an order of the board; but this subsection does not apply to the operation of a gas pipe line constructed or under construction on April 23, 1956.
3(2) Notwithstanding any provision of any other Act, whether general or special, public or private, and whether enacted before or after the coming into force of this Act,
(a) no franchise, authority, privilege, or right granted to, or contract made with, an owner by a municipality after April 23, 1956, respecting the construction or operation of a gas pipe line; and
(b) no enlargement, extension, or amendment of any such franchise, authority, privilege, right, or contract, made with an owner after April 23, 1956;
has any validity or effect unless approved by an order of the board.
4(1) No municipality shall grant any franchise, authority, privilege, or right to, or make any contract with, a corporation that is an owner and
(a) the operations and business of which are not subject to the authority of the Legislature; or
(b) that is not incorporated by or under an Act of the Legislature;
for the construction, operation, management, or control of a gas pipe line within the municipality unless it is a term and condition of the grant or contract that the owner agrees to submit its business and operations in the province to the control and supervision of the board as provided in The Public Utilities Board Act, and to be bound by that Act and The Municipal Act in all respects, and to the same extent as any such owner would be so subject to such control and supervision, and would be so bound, were it the owner of a public utility as defined in The Public Utilities Board Act.
4(2) Every provision of such a grant or contract setting out a term or condition thereof to which subsection (1) applies shall be submitted to the board for its approval before the franchise, authority, privilege, or right is granted, or the contract is made; and the grant or contract shall not be completed unless the provision is approved by the board.
4(3) Every franchise, authority, privilege, or right granted, or contract entered into, by a municipality in contravention of this section is void.
5 Except as otherwise specifically provided herein, The Public Utilities Board Act applies to the construction and operation of a gas pipe line.
6 Before authorizing the construction of a gas pipe line, the board may require the applicant for the authority to file complete plans and specifications of the proposed gas pipe line; and it shall require the applicant to file the certificate of a duly qualified engineer that, in his opinion, the plans and specifications are in accordance with the standards required by the regulations and that the construction of the proposed gas pipe line will not endanger the public safety.
7 Before authorizing the operation of a gas pipe line, the board may require the production of a certificate signed by a duly qualified engineer certifying that, in his opinion, the gas pipe line has been constructed in accordance with the standards required by the regulations and any plans and specifications filed under section 6; and that it is tight and safe for use.
8 For the purpose of determining whether the construction or operation of a gas pipe line should be authorized, or for the purpose of examining into the operation of any gas pipe line, the board may appoint or direct any duly qualified person to make an inquiry and report upon any application or upon the operation of any gas pipe line, and may also direct by whom, and in what proportion, the costs and expenses incurred in making the inquiry and report shall be paid, and may fix the amount of the costs and expenses.
9(1) No person authorized to construct or operate a gas pipe line shall make any alteration, addition, or extension to the gas pipe line as authorized, or to any other pipe line connected therewith, except for maintenance, unless the alteration, addition, or extension, is authorized by order of the board; and this Part applies, with such modifications as the circumstances require, to all such alterations, additions, and extensions.
9(2) Notwithstanding subsection (1), the board may permit an owner to make additional connections to any existing gas pipe line if the connections are made in accordance with the requirements of sections 10 and 33.
10 Before the owner of a gas pipe line sells or delivers gas in or to any building or structure, he shall inspect the installations in the building or structure, and shall satisfy himself that they are in accordance with all statutes, by-laws, and regulations applicable thereto and that they are tight and safe for use.
11 Every owner shall be insured, by an insurance company licensed to do business in the province, against liability that it may incur to others by reason of negligence on its part, or on the part of its servants or agents, in the construction or operation of a gas pipe line or for any other reason; and the insurance shall be to such an amount as is approved by the board.
12 No owner shall charge, make, impose, or collect any rate, toll, or charge, for gas unless it has been approved by the board.
GAS TRANSMISSION LINES
13 The board may, by order, designate any gas pipe line or proposed or planned gas pipe line, or any part thereof, as a gas transmission line; and thereafter neither Part I (other than sections 6, 7, 8, 10, and 11), nor The Municipal Act nor The Public Utilities Board Act applies to the construction of the gas transmission line; but sections 6, 7, 8, 10, and 11 apply thereto.
14 No person shall commence the construction of a gas transmission line or any part thereof unless the minister has granted a construction permit as hereinafter provided authorizing the construction.
15(1) A person desiring a construction permit for a gas transmission line shall make application therefor to the minister, and shall send to the minister with the application a preliminary plan in the form prescribed in the regulations, if any, and showing
(a) the points in the province between which, and the route along which, the gas transmission line is to be constructed;
(b) the intended size and capacity thereof;
(c) the intended location of all proposed compressor stations, gate valves, check valves, tanks, gasometers, regulator stations, terminal facilities, and other equipment.
15(2) The applicant shall also send to the minister all such other plans and information relating to the gas transmission line and its construction as the minister may require for the proper understanding of the plan.
15(3) On making application for a construction permit for a gas transmission line, the applicant shall, at the same time, file with the Minister responsible for highways, a copy of the application and all maps, plans, information, and material sent to the minister.
15(4) Notwithstanding subsection (1) but subject to the regulations, the applicant, before the granting of a construction permit, may, on the written authorization of the minister in such form, if any, as may be prescribed in the regulations, enter into and upon any Crown lands or other lands lying on the intended route of the gas transmission line, or adjacent thereto, without previous licence or permission therefor from the owner or any other person; and he may make surveys, examinations, or other necessary arrangements on the lands for fixing the site of the gas transmission line, right-of-way, and works; and may locate and set out such parts of the lands as are necessary and proper for the gas transmission line.
16 Upon receipt of an application for a construction permit for a gas transmission line, the minister may
(a) direct the applicant to give notice of the application to such persons, and in such manner, as the minister may deem necessary or as may be prescribed by the regulations; or
(b) consider the application without requiring notice to any other person.
17 Upon considering an application for a construction permit for a gas transmission line, the minister shall have regard to all circumstances that appear to him to be relevant, and in particular, but not so as to limit the generality of the foregoing, shall have regard to
(a) the financial responsibility of the applicant;
(b) any public interest that, in the opinion of the minister, may be affected by the granting or refusal of the application;
(c) the needs and general good of the residents of the province as a whole.
18 Before referring such an application to the Lieutenant Governor in Council as hereinafter provided, the minister, upon his own motion or upon the application of any interested party, may order the board to conduct a public hearing with respect to the proposed gas transmission line and to make recommendations to him thereon.
19(1) The minister, after considering such an application and the recommendations of the board, if any have been made, shall refer the application, with his recommendations as to the granting or refusal of a construction permit, to the Lieutenant Governor in Council.
19(2) The Lieutenant Governor in Council may, by order in council,
(a) direct the minister to grant a construction permit for the gas transmission line in accordance with the application, or with such changes, or subject to such conditions, as may be stated in the order; or
(b) direct the minister to refuse to grant a construction permit;
and, subject to section 22, the order of the Lieutenant Governor in Council is final and the minister shall act as therein directed; and where a construction permit is granted, the minister shall approve the plan, either as filed or as amended to conform to the order in council.
20(1) No person shall operate a gas transmission line until authorized by the board so to do.
20(2) The board may, as may be deemed necessary in the public interest, vary or alter the terms and conditions under which an owner is authorized to operate a gas transmission line.
21(1) Before making application for authority to operate a gas transmission line, the applicant shall file in the land titles office of each land titles district through which the gas transmission line passes a plan of the right-of-way thereof, or of such parts thereof as relate to land in that land titles district.
21(2) The plan shall be prepared in accordance with this Act and the regulations and in accordance with The Real Property Act and the regulations thereunder.
22(1) When a deviation, change, or alteration, is proposed by a permittee to be made in a gas transmission line, or any portion thereof, as already constructed or as located and approved, he shall apply to the minister for his approval of the proposed deviation, change, or alteration and submit a plan of the portion of the gas transmission line affected, showing the deviation, change, or alteration, proposed to be made; and the minister may approve the application and the plan.
22(2) When the application and the plan are approved by the minister, the permittee may make the deviation, change, or alteration so approved, and all the provisions of this Part apply, with such modifications as the circumstances require, to that portion of the gas transmission line so deviated, changed, or altered, or proposed to be deviated, changed, or altered, in the same manner as they apply to the original gas transmission line, and in the case of a gas transmission line under construction, the construction permit shall be amended accordingly.
22(3) Where the minister considers that the proposed deviation, change, or alteration, is of such a character that it is desirable to proceed as hereinafter in this subsection mentioned,
(a) he may order the board to conduct a public hearing with respect thereto and to make recommendations to him thereon; or
(b) after considering the recommendations of the board, or without having ordered the board to conduct a public hearing, he may refer the matter to the Lieutenant Governor in Council;
and, subject as in this subsection provided, the provisions of this Part with respect to an application for a construction permit, with such modifications as the circumstances require, thereafter apply to the proposed deviation, change, or alteration.
23 Where a construction permit for a gas transmission line has been granted or the operation of a gas transmission line authorized, if, in the opinion of the minister, the diversion or relocation of the gas transmission line, either before or after the completion thereof, is necessary to facilitate the construction, reconstruction, or relocation, of a highway or any other work affecting a public interest, the minister, upon such terms and conditions as he deems proper, may require the permittee to divert or relocate the gas transmission line and to change or alter the plan thereof to conform to the required diversion or relocation; and the minister may amend or add to the terms and conditions, if any, expressed in the permit as he may deem necessary for the required diversion or relocation; and the permittee, at his own expense, shall comply with the requisition.
24(1) Notwithstanding any provision of The Municipal Act or of any other Act of the Legislature, no gas transmission line shall be constructed on, across, over, or under, a highway or within 100 feet thereof, or within 300 feet of a provincial trunk highway, as such highways are defined in The Highways and Transportation Act, without the written consent of the Minister responsible for highways.
24(2) The consent of the Minister responsible for highways shall be in the form prescribed by the regulations, or to the like effect.
25(1) Where a permittee contravenes any provision of this Act or of the regulations or the terms and conditions of a construction permit, the minister may notify him in writing, specifying the nature of the default, and requiring him to remedy the default within the time specified in the notice.
25(2) Where the permittee fails to remedy the default within the time specified in the notice, the minister may, with or without any report or recommendation from the board, revoke the construction permit or suspend it indefinitely or for a stated time or until he is satisfied that the default has been remedied.
25(3) The minister may revoke a construction permit on the request of the permittee.
26(1) In this Part the expression "right of user" means a licence to enter on and use land for the purposes of a gas pipe line obtained either
(a) by agreement with the owner of the land affected thereby, as provided in subsection 27(3); or
(b) by expropriation.
26(2) A right of user, where it is granted by the owner of the land affected thereby, shall be in the form set forth in the Schedule or in such form as the minister may, by regulation, approve.
26(3) An instrument granting a right of user executed by the owner of the land affected thereby in the form in the Schedule (whether or not other persons join therein as co-grantors),
(a) shall not be attached to a caveat filed as herein, and in The Real Property Act, provided unless it is accompanied by affidavits as to the execution thereof by the parties thereto in forms satisfactory to the district registrar; and
(b) where it relates to land forming part of the homestead of any person within the meaning of The Homesteads Act, is a disposition as defined in that Act.
26(4) Where a right of user is expropriated, the right of user is subject to all the terms and conditions, with such modifications as the circumstances require, set out in the form of grant of right of user set out in the Schedule to this Act substituting for the expression "the grantor", the persons having an interest in the land to which the right of user refers and against whom the right of user applies, and for the expression "the grantee", the person by whom the right of user is expropriated.
26(5) A right of user
(a) shall, subject as herein provided, be deemed to be land for the purposes of The Expropriation Act; and
(b) is a statutory easement to which sections 111 to 112 of The Real Property Act apply, and
(i) the instrument granting it may be registered as provided for in section 111.1 of that Act, and
(ii) if the right is expropriated, the declaration of expropriation registered in the land titles office in respect of the expropriation is deemed to be an instrument registered under that section.
26(6) Where, prior to the coming into force of this subsection, an instrument or order granting a right of user was registered as though it were an instrument to which section 111 of The Real Property Act applies, it shall be conclusively deemed to be validly registered in accordance with this Act.
26(7) Where the minister approves under subsection (2) a form of a right of user that differs from the form in the Schedule, the form approved by him shall be conclusively deemed, for all purposes, to contain all the covenants and terms and conditions contained in the form in the Schedule, but those covenants and terms and conditions shall be deemed not to prevent the grantee from using the pipe line for transporting or conducting substances other than gas.
27(1) Any owner may upon
(a) application to The Public Utilities Board;
(b) filing with the board such maps, plans, information, and material as the board may require in connection with the proposed construction of gas pipe line;
(c) obtaining an order of the board so to do; and
(d) compliance with such regulations, if any, as the Lieutenant Governor in Council may from time to time prescribe;
without the consent of the owner thereof, and subject to The Expropriation Act, and upon payment of compensation as therein provided or as agreed upon, enter upon, take, use, and expropriate for the purposes of a gas pipe line
(e) so much of the lands of any person other than the Crown; and
(f) so much of the lands of the Crown, other than lands forming part of a highway;
as may be necessary for the construction or operation of such compressor stations, gate valves, check valves, tanks, gasometers, regulator stations, terminal facilities, and other equipment, as are necessary for, or are used in connection with, a gas pipe line.
27(2) Any owner may, subject as herein provided and, in the case of an owner of a gas transmission line if he has obtained a construction permit therefor, enter upon, for the purposes of the gas pipe line,
(a) so much of the lands of any person other than the Crown; and
(b) so much of the lands of the Crown, other than lands forming part of a highway;
as may be necessary for the construction or operation of the gas pipe line; and may take, acquire, and expropriate, for those purposes a right of user of the lands.
27(3) An owner shall endeavour by all reasonable means to conclude an agreement with the owner of any land that, or the use of which, is required for the purposes of the gas pipe line, for a right of user of the lands, or for the purchase or leasing of the land, as the case may be; but if, within 60 days after entering upon the land and taking the land or the user thereof, he has not concluded an agreement with the owner thereof, he may proceed to expropriate the land or a right of user of the land.
27(4) Subject to subsection (5), an owner shall not under this section take, acquire, or expropriate, without the consent of the owner of the land, for the purposes of a gas pipe line, lands or a right of user of lands exceeding 60 feet in breadth, except where the land is required for the purposes set out in subsection (1).
27(5) Where, for the efficient construction, maintenance, or operation, of a gas pipe line, or for constructing or taking any works or measures approved or ordered under this Act, an owner requires more space than he possesses or than that to which he is limited under subsection (4), he may, as provided herein, on obtaining the written authority of the minister therefor, take, acquire, or expropriate, without the consent of the owner, the additional lands required for the purpose of a right of user thereof.
27(6) Notwithstanding any provision of The Municipal Act, on obtaining the written consent of the Minister responsible for highways therefor as provided in section 24, a permittee may, subject to any conditions stated in the consent, including the payment to the Crown or a municipality or any other person of the compensation, if any, fixed by the Minister responsible for highways, construct, maintain, and operate, a gas transmission line on, across, or under, any highway.
27(7) The manner in which, and the terms upon which an owner shall use any land other than a highway, and any right of user thereof or any interest therein,
(a) shall be in accordance with the terms of any agreement effected between that person and the owner of any such land, including land owned by the Crown, or any interest therein;
(b) in the case of expropriation, shall be as set forth in the terms and conditions set out in the form of grant of right of user set out in the Schedule to this Act;
and the owner may, without the consent of the owner of the land, forthwith proceed with the construction of the gas pipe line on the land, and do all such things as may be reasonably necessary or incidental thereto.
27(8) Before proceeding to expropriate land or a right of user thereof under this section, an owner shall register in the proper land titles office a plan of that land; but before the plan is so registered it shall
(a) be approved as to details by the Examiner of Surveys of the Winnipeg Land Titles Office; and
(b) in the case of Crown lands, be deposited with, and approved by, the Director of Surveys appointed under The Surveys Act.
28(1) No owner, lessee, or occupier, of mines and minerals, other than oil or gas, lying under a gas pipe line or within 120 feet therefrom, shall work the mines or minerals until he has obtained from the minister leave to do so.
28(2) Upon an application to the minister for leave to work mines or minerals other than oil or gas, the applicant shall submit a plan and profile of the portion of the gas pipe line to be affected thereby, and of the mining works or plant proposed to be constructed or operated that may affect the gas pipe line, and shall give all reasonable and necessary information and details as to the extent and character thereof.
28(3) The applicant shall serve a copy of the application on the permittee or owner of the gas pipe line at the time or before the application is made.
28(4) The minister may grant the application upon such terms and conditions for the protection and safety of the public and the gas pipe line as he deems expedient; and he may order that such works be executed, or measures taken, as under the circumstances appear to him best adapted to remove or diminish the danger arising, or likely to arise, from mining operations.
29 A construction permit under this Act may be assigned or transferred subject to the prior approval of the minister.
30 Every owner authorized to operate a gas pipe line or who is a permittee under this Act shall register with the minister and the board an address in the province for service upon him of any notice or order given or made pursuant to this Act.
31 Where damage is caused to a provincial trunk highway or any other highway by reason of the construction, operation, or maintenance, of a gas transmission line, on, across, over, or under, the highway, the owner and the operator of the gas transmission line is liable to the Crown or the municipality, as the case may be, whichever is the authority having jurisdiction over the highway, for the damage so caused and the cost of repairing it.
32 An owner in the exercise of a power granted by this Act shall do as little damage as possible, and shall make full compensation for all damage caused by, or arising out of, the exercise of the powers granted by this Act.
33(1) Notwithstanding any provision of any other Act, every person authorized to construct or operate a gas pipe line shall locate, construct, maintain, and operate it so as not to endanger the public health or safety; and the construction thereof shall be in accordance with such standards and specifications as may from time to time be required by the board or prescribed in the regulations.
33(2) Every person authorized to construct a gas pipe line shall in the construction thereof, comply with all the requirements of the Minister responsible for highways in respect of highways as defined in The Highways and Transportation Act.
35(1) For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders,
(a) setting forth the minimum standards and specifications required to be observed in the construction of a gas pipe line;
(b) prescribing the form in which a preliminary plan must be submitted under subsection 15(1);
(c) prescribing the conditions, if any, to be observed by persons entering on land as provided in subsection 15(4);
(d) prescribing the forms in which applications, authorizations, consents, and permits for which this Act provides shall be issued;
(e) where no specific provision therefor is made herein, prescribing the manner in which any notice authorized or required under this Act shall be given or served;
(f) prescribing the conditions upon which an owner may exercise the powers conferred under subsection 27(1);
(g) providing for the inspection of gas pipe lines during their construction, and thereafter, and for the cost of any inspections, and as to the persons by whom the cost is to be borne;
(h) providing for security for the payment of damages arising from the laying of a gas pipe line;
(i) prescribing measures of safety for the protection of life and property during and after the construction, installation, or operation of a gas pipe line;
(j) providing for the marking of a gas pipe line with conspicuous signs;
(k) prescribing the schedule of fees for an application for a construction permit or any other application, order, authorization, or thing that may be made, done, or required, under this Act;
(l) requiring the owner or operator of a gas pipe line to obtain all permits or licences required under any municipal by-law;
(m) adopting or constituting as regulations with respect to the matters mentioned in clause (a), (g), (i) or (j), or any or all of those clauses,
(i) any relevant codes, rules, or standards prepared and published by the Canadian Standards Association or any similar association, or
(ii) any such code, rule, or standards, with the exception of any specified provisions thereof or with or without modification or amendment, or
35(2) [Repealed] S.M. 2013, c. 39, Sch. A, s. 57.
36 Any person who wilfully does any damage to a gas pipe line, or obstructs, hinders, or embarrasses, the construction, completion, maintenance, or repair, of a gas pipe line, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $1,000.
37 Every person who
(a) contravenes, directly or indirectly, any provision of this Act or of the regulations; or
(b) either alone or in conjunction with others, causes any person to contravene, directly or indirectly, any provision of this Act or of the regulations; or
(c) instructs, orders, or directs, any person to contravene, directly or indirectly, any provision of this Act or of the regulations;
is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $1,000. and, in the case of a continuing offence, to a fine not exceeding $1,000. for each day during which the offence continues.
38 Every person who obstructs, hinders, or interferes with the minister, or any person authorized by him, or with the board or any person authorized by it, in the exercise of any of the powers conferred by this Act is guilty of an offence and is liable, on summary conviction, to a fine of not more than $500.
|Table of Contents||Schedule||Bilingual (PDF)||Regulations|