(2) A person is liable to the corporation or TransGas for damages in an amount calculated pursuant to subsection (3) where that person: (a) digs, grades, levels, excavates, blasts or conducts any other activity on land within which the corporation’s or TransGas’ pipelines are buried or requests or enters into a contract with a third party to dig, grade, level, excavate, blast or conduct any other activity on that land; (b) fails to request the accurate location of those pipelines in accordance with subsection (1) or obtains an accurate location of those pipelines; and (c) damages the pipelines. (3) For the purposes of subsection (2), the damages are equal to the total of: (a) the cost to the corporation or TransGas of repairing the pipeline, together with all other costs reasonably incurred by the corporation or TransGas as a result of the damage to the pipeline; and (b) an amount equal to 50% of the costs described in clause (a) as compensation to the corporation or TransGas for loss of revenues. (4) The corporation or TransGas is conclusively deemed to have accurately located a buried pipeline if it has identified the location or route of the pipeline by means of visible markers that are: (a) attached along the surface of the land along the route above the pipeline; and (b) spaced not more than 70 metres apart and not more than one metre in horizontal distance from the route of the pipeline. The SaskEnergy Regulations Interpretation 2. (1) In these regulations: (a) “Act” means The SaskEnergy Act ; … (c) “cultivation” means tillage or preparation of soil by mechanical agitation; (d) “farm cultivation” means cultivation on lands dedicated to the production of crops for sale, of commercial livestock or of commercial livestock feed; (e) “ground disturbance” means any work, operation or activity that results in a disturbance of the earth, including excavating, digging, trenching, cultivating, drilling, tunnelling, augering, backfilling, blasting, topsoil stripping, land levelling, peat removing, quarrying, clearing and grading; (f) “mechanical excavation” means any ground disturbance that is undertaken other than by hand digging or other means approved by the corporation or a subsidiary, but does not include a ground disturbance undertaken for the purpose of cultivation; … (h) “site disturbance” includes: (i) any excavation, drilling, installing or erecting of any pit, well foundation, pavement, building or other structure or installation; (ii) any ground disturbance that reduces the depth of cover over the pipeline to a depth that is less than the cover provided when the pipeline was installed; (iii) mechanical excavation below 0.30 metres in depth or over a pipeline; (iv) cultivation below 0.30 metres in depth or farm cultivation below 0.45 metres in depth; and (v) the tearing down, destroying, breaking up or razing of a structure or of the outer walls or principal supporting members of a structure; (i) “subsidiary” means any subsidiary of the corporation and includes TransGas. (2) For the purposes of section 36 of the Act, “over” or “over or near” a pipeline includes: (a) for pipelines used for the distribution of gas, as defined in section 23 of the Act, within the right of way of a pipeline or over or within 1.5 metres of the pipeline where no right of way exists; (b) for pipelines used for the transportation of gas, as defined in section 60 of the Act, within the right of way of a pipeline or over or within five metres of the pipeline where no right of way exists..
SaskEnergy Terms and Conditions of Service – Appendix F
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