Power to fine pipeline firms unused

OTTAWA — Nearly seven months after getting new powers making it easier to fine delinquent pipeline companies, Canada’s national energy regulator says it hasn’t yet issued any fines, choosing instead to use other options to get the industry to respect the law.

Prime Minister Stephen Harper’s government touted the new powers in a multimillion dollar ad campaign in 2012, stating it was “protecting the environment with new fines for companies that break the law.”

Environment Canada has had long-standing powers to prosecute or fine companies or people that contaminate water under the Fisheries Act and occasionally uses this tool to respond to pollution incidents.

But in terms of the new powers for administrative monetary penalties, National Energy Board spokeswoman Rebecca Taylor defended the absence of fines, pointing instead toward a long list of its enforcement actions over violations, spills or explosions involving major pipeline companies such as TransCanada, Enbridge, Kinder Morgan and Plains Midstream Canada in recent months and years.

Some of the incidents which prompted enforcement actions or orders from the board occurred before July 3, 2013, when regulations, in support of the 2012 federal budget, were adopted to give the regulator new powers that were meant to crack down on safety risks.

“We’re happy to have that tool (for monetary penalties) in our tool kit but it’s only one of the tools we have available,” said Taylor.

The Canadian Energy Pipeline Association didn’t immediately respond to questions on Friday about the absence of fines.

Opposition critics suggested the government should do more to enforce regulations.