Man claims FortisBC line misplaced on map, still must pay for damaging it

A severed natural gas line is seen in a still image from a FortisBC YouTube video.

A homeowner who accidentally struck a FortisBC gas line with an excavator has been ordered to pay for the repairs, despite arguing he had received an erroneous map of the line's location.

The incident was the latest in a string of similar cases heard by B.C.'s small claims tribunal, each prompted by someone failing to obtain approval before digging into their property – a crucial step that's both free and mandatory in many outdoor projects.

The Civil Resolution Tribunal heard Brent Hunniford broke ground with a rented Bobcat in May 2020, even though he hadn't contacted BC 1 Call for clearance.

"In doing so, Mr. Hunniford hit the gas line and damaged it," tribunal vice-chair Shelley Lopez wrote in her decision, which was posted online this week. "None of this is disputed."

But Hunniford argued he shouldn't be on the hook for repairs because he had received a map from a contractor showing where the gas line was supposed to be, and was not digging in that location.

Lopez found the issue was moot – at the end of the day, digging in the vicinity of a FortisBC line requires calling ahead.

FortisBC said repairing the damage cost $4,577, though the utility provider did not submit a breakdown of the charges to the tribunal, something Lopez noted "would be fatal" to its claim under normal circumstances.

But because Hunniford did not dispute the figure, Lopez accepted the total and ordered that the homeowner pay it in full.

Since he had previously made $700 in payments to FortisBC for the damage, Hunniford was told to pay another $3,877, along with $23 in interest and $175 in tribunal fees.

Under the law, homeowners are required to file a request with BC 1 Call at least three business days before digging, then wait to receive clearance to proceed. They can do so online or by phoning 1-800-474-6886 between 7 a.m. and 5 p.m. on weekdays.

The FortisBC website advises homeowners to call before proceeding with any major projects, such as installing a deck or fire pit, and even those as minor as "just planting a few perennials."