Liability for damages to buried pipelines 57. (1) No person shall dig, grade, level, excavate, blast or conduct any other activity on any land within which the corporation’s or TransGas’ buried pipelines are located, and no person shall request, or enter into a contract with, a third party to dig, grade, level, excavate, blast or conduct any other activity on that land, unless that person, at least two working days before the activity, has requested the corporation or TransGas to accurately locate the pipelines within that land. (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.
SaskEnergy Terms and Conditions of Service Schedule – Appendix F – Addendum A
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