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Canada – Nova Scotia Offshore Area Diving Operations Safety Transitional Regulations (SOR/2015-6)

Regulations are current to 2024-03-06

PART 4Diving Safety Specialists

  •  (1) An operator, under paragraph 5(1)(a), or a diving contractor, under subsection 8(1), must not engage the services of a person as a diving safety specialist unless the person holds a diving supervisor’s certificate that is issued under section 68 and that is appropriate to the category of dive in respect of which the person will be giving advice and

    • (a) has passed a test that is acceptable to the Chief Safety Officer as indicating that the person has an adequate knowledge of the safety, personnel, technical, operational, management, marketing and regulatory aspects of diving operations appropriate to the category of diving supervisor’s certificate that the person holds; or

    • (b) has demonstrated to the Board that the person’s knowledge is equivalent to the knowledge described in paragraph (a).

  • (2) A person who has been engaged as a diving safety specialist for a diving program by an operator, under paragraph 5(1)(a), must

    • (a) advise the operator on all safety aspects of the diving program including

      • (i) any application for approval, under subsection 142(4) of the Act, for the diving program,

      • (ii) any application made by the operator for authorization under subsection 155(1) of the Act, and

      • (iii) any decision by the operator to interrupt or discontinue the diving program or any portion of the diving program for safety reasons; and

    • (b) be available on a 24-hour-a-day basis to advise any person involved in the diving program, including any person making decisions affecting the safety of divers involved in the diving program, on all safety aspects of the diving program.

  • (3) A person who has been engaged as a diving safety specialist for a diving operation by a diving contractor, under subsection 8(1), must

    • (a) advise the diving contractor on all safety aspects of the diving operation; and

    • (b) be available on a 24-hour-a-day basis to advise any person involved in the diving operation, including any person making decisions affecting all safety of divers involved in the diving operation, on the safety aspects of the diving operation.

  • (4) A diving safety specialist referred to in subsection (2) or (3) must, in advising any person under that subsection, take into account as a primary consideration the safety of any divers involved in the diving program or diving operation, as the case may be.

PART 5Supervisors

Supervision of a Category I Diving Operation

 A person must not supervise a category I diving operation unless the person

  • (a) has been appointed in writing under paragraph 8(3)(a);

  • (b) has been certified to be medically fit

    • (i) to dive, in accordance with paragraph 52(b), or

    • (ii) to supervise by a medical doctor who has examined the person not more than 12 months before the day on which the diving operation is to be conducted and who has recorded the results of the examination on a medical examination record in the form set out in Schedule 5, or on another form acceptable to the Chief Safety Officer, and in a diving supervisor’s medical certificate in that person’s supervisor’s logbook, referred to in section 50;

  • (c) holds a valid diving supervisor’s certificate issued under section 27, 29, 31 or 68, or a valid document that is

    • (i) issued on the basis of training and experience that are equivalent to the training and experience required of a person to obtain a certificate under section 27, 29 or 31, and

    • (ii) acceptable to the Chief Safety Officer; and

  • (d) has satisfied the diving contractor who conducts the diving operation that

    • (i) the person has sufficient diving and supervisory experience and adequate knowledge in the use of the diving plant and equipment to be used in the diving operation, or a similar type of diving plant and equipment, and the breathing mixture to be used in the diving operation and is familiar with the relevant provisions of the procedures manual referred to in paragraph 3(4)(a) and the contingency plan referred to in paragraph 3(4)(g) to be used in the diving operation, and

    • (ii) the person’s involvement in the diving operation is in no way contrary to any restriction inserted in that person’s diving supervisor’s certificate or attached to that person’s document referred to in paragraph (c) in accordance with section 34.

Category I Diving Supervisor’s Certificate

  •  (1) The Chief Safety Officer may, on application, issue a category I diving supervisor’s certificate that is valid for one year to a person who

    • (a) has

      • (i) been, for at least three years, the holder of a category I diving certificate issued under section 53 or 68, or a document that is

        • (A) issued on the basis of training and experience that are equivalent to the training and experience required of a person to obtain a certificate under section 53, and

        • (B) acceptable to the Chief Safety Officer,

      • (ii) been, during the 12 months before the application, an assistant diving supervisor for at least 16 category I dives and has supervised at least two real or mock incidents involving decompression sickness,

      • (iii) submitted to the Chief Safety Officer a letter of recommendation in the form set out in Schedule 6 that is signed by a diving contractor or operator and by a diving supervisor, and

      • (iv) passed a test acceptable to the Chief Safety Officer for a category I diving supervisor’s certificate;

    • (b) held a category I diving supervisor’s certificate that was issued under this subsection but that is no longer valid because it was not renewed under subsection (2) and who meets the requirements of subparagraphs (a)(ii) and (iii); or

    • (c) has demonstrated to the Board that their training and experience are equivalent to the training and experience required of a person to obtain a certificate under paragraph (a).

  • (2) The Chief Safety Officer may, on application by the holder of a category I diving supervisor’s certificate issued under subsection (1), renew the certificate for a period of one year if the holder of the certificate has supervised at least 12 category I dives and at least two real or mock incidents involving decompression sickness during the 12 months before the application.

Supervision of a Category II Diving Operation

 A person must not supervise a category II diving operation unless the person

  • (a) has been appointed in writing under paragraph 8(3)(b);

  • (b) meets the criteria set out in paragraphs 26(b) and (d); and

  • (c) holds a valid diving supervisor’s certificate issued under section 29, 31 or 68, or a valid document that is

    • (i) issued on the basis of training and experience that are equivalent to the training and experience required of a person to obtain a certificate under section 29 or 31, and

    • (ii) acceptable to the Chief Safety Officer.

Category II Diving Supervisor’s Certificate

  •  (1) The Chief Safety Officer may, on application, issue a category II diving supervisor’s certificate that is valid for one year to a person who

    • (a) has

      • (i) been, for at least two years, the holder of a category II diving certificate issued under section 55 or 68, or a document that is

        • (A) issued on the basis of training and experience that are equivalent to the training and experience required of a person to obtain a certificate under section 55, and

        • (B) acceptable to the Chief Safety Officer,

      • (ii) been, during the 12 months before the application, an assistant diving supervisor for at least six category II dives and 10 category I dives and has supervised at least two real or mock incidents involving decompression sickness,

      • (iii) submitted to the Chief Safety Officer a letter of recommendation in the form set out in Schedule 6 that is signed by a diving contractor or operator and by a diving supervisor who holds a category II or III diving supervisor’s certificate, and

      • (iv) passed a test acceptable to the Chief Safety Officer for a category II diving supervisor’s certificate;

    • (b) held a category II diving supervisor’s certificate that was issued under this subsection but that is no longer valid because it was not renewed under subsection (2) and who meets the requirements of subparagraphs (a)(ii) and (iii); or

    • (c) has demonstrated to the Board that their training and experience are equivalent to the training and experience required of a person to obtain a certificate under paragraph (a).

  • (2) The Chief Safety Officer may, on application by the holder of a category II diving supervisor’s certificate issued under subsection (1), renew the certificate for a period of one year if the holder of the certificate has supervised at least 12 dives, of which at least six were category II dives, and at least two real or mock incidents involving decompression sickness during the 12 months before the application.

Supervision of a Category III Diving Operation

 A person must not supervise a category III diving operation unless the person

  • (a) has been appointed in writing under paragraph 8(3)(c);

  • (b) meets the criteria set out in paragraphs 26(b) and (d); and

  • (c) holds a valid category III diving supervisor’s certificate issued under section 31 or 68, or a valid document that is

    • (i) issued on the basis of training and experience that are equivalent to the training and experience required of a person to obtain a certificate under section 31, and

    • (ii) acceptable to the Chief Safety Officer.

Category III Diving Supervisor’s Certificate

  •  (1) The Chief Safety Officer may, on application, issue a category III diving supervisor’s certificate that is valid for one year to a person who

    • (a) has

      • (i) been, for at least two years, the holder of a category III diving certificate issued under section 57 or 68, or a document that is

        • (A) issued on the basis of training and experience that are equivalent to the training and experience required of a person to obtain a certificate under section 57, and

        • (B) acceptable to the Chief Safety Officer,

      • (ii) been, during the 12 months before the application, an assistant diving supervisor for at least 16 dives, of which at least two were saturation dives and six were category II dives, and has supervised at least two real or mock incidents involving decompression sickness,

      • (iii) submitted to the Chief Safety Officer a letter of recommendation in the form set out in Schedule 6 that is signed by a diving contractor or operator and by two diving supervisors, each of whom holds a category III diving supervisor’s certificate, and

      • (iv) passed a test acceptable to the Chief Safety Officer for a category III diving supervisor’s certificate;

    • (b) held a category III diving supervisor’s certificate that was issued under this subsection but that is no longer valid because it was not renewed under subsection (2) and who meets the requirements of subparagraphs (a)(ii) and (iii); or

    • (c) has demonstrated to the Board that their training and experience are equivalent to the training and experience required of a person to obtain a certificate under paragraph (a).

  • (2) The Chief Safety Officer may, on application by the holder of a category III diving supervisor’s certificate issued under subsection (1), renew the certificate for a period of one year if the holder of the certificate has supervised at least 12 dives, of which at least one was a saturation dive and at least six were category II dives, and has supervised at least two real or mock incidents involving decompression sickness during the 12 months before the application.

Supervision of an ADS Diving Operation

 A person must not supervise an ADS diving operation unless the person

  • (a) has been appointed in writing under paragraph 8(3)(d);

  • (b) meets the criteria set out in paragraph 26(b) and subparagraph 26(d)(ii);

  • (c) has demonstrated to the diving contractor who conducts the diving operation that the person has sufficient pilot and ADS supervisory experience and adequate knowledge of the use of the type of ADS to be used in the diving operation and is familiar with the relevant provisions of the procedures manual referred to in paragraph 3(4)(a) and the contingency plan referred to in paragraph 3(4)(g) to be used in the diving operation; and

  • (d) holds a valid ADS supervisor’s certificate issued under section 33 or 68, or a valid document that is

    • (i) issued on the basis of training and experience that are equivalent to the training and experience required of a person to obtain a certificate under section 33, and

    • (ii) acceptable to the Chief Safety Officer.

ADS Supervisor’s Certificate

  •  (1) The Chief Safety Officer may, on application, issue an ADS supervisor’s certificate that is valid for one year to a person who

    • (a) has

      • (i) been, for at least three years, the holder of a pilot’s certificate issued pursuant to section 63 or 68, or a document that is

        • (A) issued on the basis of training and experience that are equivalent to the training and experience required of a person to obtain a certificate under section 63, and

        • (B) acceptable to the Chief Safety Officer,

      • (ii) made at least 20 ADS dives with a total bottom time of at least 80 hours, and

      • (iii) submitted to the Chief Safety Officer a letter of recommendation that is signed by a diving contractor or operator and by an ADS supervisor and that is acceptable to the Chief Safety Officer;

    • (b) held an ADS supervisor’s certificate that was issued under this subsection but that is no longer valid because it was not renewed under subsection (2) and has supervised at least 10 ADS dives with a total bottom time of at least 25 hours during the 12 months before the application; or

    • (c) has demonstrated to the Board that their training and experience are equivalent to the training and experience required of a person to obtain a certificate under paragraph (a).

  • (2) The Chief Safety Officer may, on application by the holder of an ADS supervisor’s certificate issued under subsection (1), renew the certificate for a period of one year if the holder of the certificate has supervised at least six ADS dives with a total bottom time of at least 20 hours during the 12 months before the application.

Restrictions Respecting Supervisor’s Certificate and Document

  •  (1) The Chief Safety Officer may insert in a supervisor’s certificate issued under section 27, 29, 31, 33 or 68, or attach to a document referred to in subparagraph 27(1)(a)(i), 29(1)(a)(i), 31(1)(a)(i) or 33(1)(a)(i), restrictions with respect to the supervision of a diving operation by the holder of the certificate or the document if the Chief Safety Officer considers the restrictions necessary for safety reasons.

  • (2) If the Chief Safety Officer inserts a restriction in a certificate or attaches a restriction to a document under subsection (1), the Chief Safety Officer must give the holder of the certificate or the document an opportunity to show cause why the restriction should not be inserted or attached.

Invalidation of Supervisor’s Certificate

  •  (1) The Chief Safety Officer may invalidate a supervisor’s certificate issued under section 27, 29, 31, 33 or 68 if, in the opinion of the Chief Safety Officer, the holder of the certificate has become incompetent or incapacitated.

  • (2) If the Chief Safety Officer proposes to invalidate a supervisor’s certificate pursuant to subsection (1), the Chief Safety Officer must give the holder of the certificate at least 30 days’ notice in writing setting out the reasons for the proposed invalidation and must give the holder an opportunity to show cause why the certificate should not be invalidated.

Duties of Supervisors

  •  (1) A diving supervisor must not, in a diving operation supervised by the diving supervisor, permit a person to make

    • (a) a category I dive in the diving operation unless the person meets the criteria set out in section 52, 54 or 56;

    • (b) a category II dive in the diving operation unless the person meets the criteria set out in section 54 or 56; or

    • (c) a category III dive in the diving operation unless the person meets the criteria set out in section 56.

  • (2) An ADS supervisor must not, in an ADS diving operation supervised by the ADS supervisor, permit a person to make an ADS dive in the diving operation unless the person meets the criteria set out in section 62.

  • (3) A supervisor must not, in a diving operation under their supervision, permit a person to be involved in the diving operation if the supervisor believes on reasonable grounds that the person is unfit to be involved in the diving operation or that the involvement of the person in the diving operation could compromise the safety of other persons involved in the diving operation.

  • (4) A diving supervisor must plan dives in such a manner that the total bottom time of a diver supervised by the supervisor does not exceed, in any 24-hour period,

    • (a) in the case of a category I dive,

      • (i) five hours at depths of 20 m or less, or

      • (ii) three hours at depths of more than 20 m;

    • (b) in the case of a category II dive, three hours; and

    • (c) in the case of a category III dive, eight hours.

  • (5) A diving supervisor must plan a diving operation in such a manner that, when practicable, a diving bell is used in the diving operation for any dive to a depth of more than 30 m that requires surface decompression.

  • (6) An ADS supervisor must ensure that a pilot supervised by the supervisor does not spend more than eight hours underwater in any 24-hour period.

  • (7) A supervisor must ensure that, following a dive under the supervisor’s supervision, the diver or pilot who made the dive has an adequate rest period.

 

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