On June 18, 2015, the new Federal Pipeline Safety Act
(
Bill C-46) received Royal Assent. The Pipeline
Safety Act includes amendments to the National Energy
Board Act ("NEB
Act") and the Canada Oil and Gas
Operations Act. These amendments impose greater obligations
and liability on companies that operate federally-regulated oil and
gas pipelines. The Government's public
statement indicates that the legislative changes will
"strengthen incident prevention, preparedness and response,
and liability and compensation."
A key part of the Pipeline Safety Act is the
codification of the "polluter pays" principle. The stated
purpose of new sections of the NEB Act is to
"reinforce the 'polluter pays' principle by, among
other things, imposing financial requirements on any company that
is authorized under this Act to construct or operate a
pipeline."