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CANADIAN ENERGY REGULATOR ACTCanada Offshore Renewable Energy RegulationsP.C.2024-1328202412
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Her Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, makes the annexed Canada Offshore Renewable Energy Regulations under section 312 of the Canadian Energy Regulator Acta.S.C. 2019, c. 28, s. 10Interpretation
DefinitionsThe following definitions apply in these Regulations.Act means the Canadian Energy Regulator Act. (Loi)certifying authority means an organization approved by the Regulator under subsection 40(2). (autorité de certification)control system means any system, station or panel used to control the operation and monitor the status of the equipment used for an offshore renewable energy project or offshore power line. (système de contrôle)operations site means a site where authorized work or activities are carried on in relation to an offshore renewable energy project or offshore power line. (emplacement des opérations)operator means an applicant for or holder of an authorization referred to in section 298 of the Act. (exploitant)physical and environmental conditions means any physical, geotechnical, seismic, oceanographic, meteorological or ice conditions that might affect authorized work or activities. (conditions physiques et environnementales)reportable incident means any of the following incidents that occur in relation to an offshore renewable energy project or offshore power line:a loss of life;an injury that prevents an employee from reporting for work or from effectively performing all the duties connected with the employee’s regular work on any day subsequent to the day on which the injury occurred, whether or not that subsequent day is a working day for that employee;a fire or explosion;a collision;any incident that has an adverse effect on the environment, produces debris or introduces into the environment any substance or form of energy that is likely to have an adverse effect on the environment, unless that adverse effect, production or introduction is authorized or explicitly anticipated in an application for an authorization;any incident that results in damage to an archaeological site or burial ground;a significant disruption to authorized work or activities due to the carrying on of an activity, or the introduction into the environment of a substance, by a person unrelated to the project or power line;an impairment to the reliability of the power system of the project or power line;the impairment of any facility, equipment or system that is critical to safety, security or environmental protection or the impairment of a support craft;any incident that results in the implementation of emergency response procedures. (incident à signaler)support craft means a vessel, vehicle, aircraft or other conveyance used to provide transportation or assistance to persons at an operations site. (véhicule de service)vessel has the same meaning as in section 2 of the Canada Shipping Act, 2001. (navire)
Incorporation by referenceIn these Regulations, any incorporation by reference of a document is an incorporation of that document as amended from time to time.Bilingual documentDespite subsection (1), if a document that is incorporated by reference is available in both official languages, any amendment to it is incorporated only when the amended version is available in both official languages.
General Requirements
Carrying on work or activitiesFor the purposes of subsection 298(2) of the Act, information submitted in an application for an authorization must demonstrate that the work or activities will be carried on in a manner that is safe and secure, that protects property and the environment, that is in conformity with all applicable laws in respect of safety, security and environmental protection and that takes into account the potential impacts of climate change.
Level of detailThe information submitted in support of an application and all documents and information submitted to the Regulator to meet a condition of an authorization must provide a level of detail that is proportionate to the scope, nature and complexity of the proposed work or activities.
Offshore Renewable Energy — Wind EnergyApplication
ApplicationThis Part applies in respect of offshore renewable energy projects that exploit or aim to exploit the power of the wind to generate electricity and in respect of the offshore power lines associated with those projects.
Application for Authorization and Conditions of AuthorizationRequirements for All Applications
ContentsFor the purposes of subsection 298(2) of the Act, every application for authorization to carry on work or activities in relation to an offshore renewable energy project or offshore power line must include the following information and documents:the name and contact information of the authorized representative of the operator;the development concept for the project or power line as a whole, including any plans for overlapping or concurrent authorizations, for the proposed work or activities to be undertaken in stages or for the overall project or power line to be developed in stages;a description of the work or activities that are the subject of the application, includingthe objectives to be attained,the scope of the proposed work or activities, andmaps or charts showing the preferred locations of all operations sites, as well as any other locations that are being considered;a description of the anticipated use of support craft, of any other vessel, vehicle, aircraft or conveyance and of associated equipment and systems in carrying on the work or activities that are the subject of the application;an execution plan and a schedule for undertaking the work or activities that are the subject of the application, including, if applicable, an indication of the need for any overlapping or concurrent authorizations or for the work or activities to be undertaken in stages;if applicable, the results ofrelevant surveys and monitoring programs, including those in respect of previously authorized work or activities in relation to the project or power line, andrelevant analyses and assessments based on the data from such surveys and monitoring programs;a description of how the results referred to in paragraph (f) were taken into account in the planning of the work or activities that are the subject of the application;a description of the measures to be taken to conform with all applicable laws in relation to safety, security or environmental protection;a description of the potential effects that the work or activities that are the subject of the application may have on any other users of the operations site;a list of all the permits and other authorizations that are required in relation to the work or activities that are the subject of the application;the target levels of safety, security and environmental protection that the operator proposes to establish under section 30 for the work or activities that are the subject of the application; andif the operator is proposing to carry on the work or activities that are the subject of the application in a manner that differs from what was proposed in a previous application, a detailed description of the proposed changes, the rationale for those changes and a description of their effect.
Conditions of Every Authorization
System and plansFor the purposes of subsection 298(9) of the Act, every authorization is subject to the condition that the operator, before the authorized work or activities begin, develop and implementa management system that meets the requirements set out in section 8;a safety plan that meets the requirements set out in section 9;an environmental protection plan that meets the requirements set out in section 10; andan emergency management plan that meets the requirements set out in section 11.Submission and approvalEvery authorization is also subject to the condition that the operator submit the following information and plans to the Regulator and obtain the Regulator’s approval of the information referred to in paragraph (b) and the plans before the authorized work or activities begin:the name, position and contact information of the accountable person designated under subsection 24(2);a description of the management system, an explanation of how it has been implemented and a statement, signed by the accountable person, confirming that it has been implemented;the safety plan;the environmental protection plan; andthe emergency management plan.
Management systemThe management system must establish the overall framework for reducing risks to safety, security and the environment, including measures for ensuring the reliable operation of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line and for ensuring an appropriate response in case of an emergency.Overarching requirementsThe management system mustbe commensurate with the scope, nature and complexity of the authorized work or activities and the associated hazards and risks;cover all of the authorized work or activities;be explicit, comprehensive and proactive; andfoster a culture of safety.StandardsThe management system must identify the management system standards on which it is based.ContentsThe management system must include overarching policies, processes, procedures and protocols related to safety, security, environmental protection, the reliability of facilities, equipment and systems, and emergency response, includingprocesses for establishing and maintaining measurable goals and associated performance indicators for the management system;processes for ensuring that persons who are assigned duties or who carry on authorized work or activities in relation to the offshore renewable energy project or offshore power line have the necessary experience, training, qualifications and competence, and receive the supervision that is necessary, for them to perform the duties or carry on the work or activities;policies setting out the roles, responsibilities and authority of all persons performing functions under the management system, as well as processes for making them aware of their roles, responsibilities and authority;processes foridentifying hazards that may arise during the authorized work or activities, including hazards related to human and organizational factors,assessing the risks associated with the identified hazards and determining the measures to be taken to minimize those risks,establishing an inventory of the identified hazards and the measures to be taken to minimize the associated risks, andkeeping that inventory up to date;processes for internally and externally communicating documents and information related to safety, security, environmental protection, the reliability of facilities, equipment and systems, and emergency response, including processes for informing persons who may be exposed to a hazard of the measures that will be taken to minimize the risks associated with the hazard;processes for coordinating and managing the work of the operator, suppliers, service providers and other persons involved in carrying on the authorized work or activities, including processes for ensuring that the processes and procedures put in place by service providers are consistent with those put in place by the operator;processes for auditing and evaluating the management system to ensure that it is functioning and achieving the measurable goals and associated performance indicators referred to in paragraph (a) and processes for ensuring that, if any deficiencies or areas for improvement are identified, the management system is updated to correct those deficiencies and make improvements;processes for inspecting, monitoring, testing and maintaining all facilities, equipment and systems related to the offshore renewable energy project or offshore power line, including those set out in the integrity management program referred to in paragraph 18(a), if applicable, and processes for ensuring that, if any deficiencies or areas for improvement are identified, measures are taken to correct those deficiencies and make improvements;processes for ensuring continuous improvement, including processes forinternally reporting hazards, reportable incidents and situations that have the potential to result in a reportable incident,analyzing the hazards, reportable incidents and situations and conducting investigations,identifying the root cause and causal factors of, and contributing factors to, the hazards, reportable incidents and situations, including any human or organizational factors,analyzing trends in respect of the hazards, reportable incidents and situations,taking corrective and preventive measures, including measures to manage imminent hazards,providing feedback to persons who have made a report, andcommunicating documents and information concerning best practices or lessons learned from the hazards, reportable incidents and situations that might improve safety, security, environmental protection, the reliability of facilities, equipment and systems, and emergency response;processes for identifying, evaluating and managing any changes that could affect safety, security, environmental protection, the reliability of facilities, equipment and systems, and emergency response;processes for receiving information and fielding concerns related to safety, security and environmental protection from the general public and for reviewing and responding to such information and concerns;processes for ensuring that all documents associated with the management system are approved by a person with the necessary authority, reviewed periodically and, if necessary, updated;processes for ensuring that records associated with the management system and records that are necessary to support operational requirements or demonstrate compliance with all laws related to safety, security and environmental protection that apply in respect of the offshore renewable energy project or offshore power line are generated, classified by type, organized and retained and are readily accessible for consultation and examination by persons who require access to them; andprocesses for monitoring compliance and preventing non-compliance with the conditions of the authorization and all laws related to safety, security and environmental protection that apply in respect of the offshore renewable energy project or offshore power line.
Safety planThe safety plan must set out the procedures, practices and resources, as well as the sequence of key safety-related activities, that are necessary to safely carry on the authorized work or activities and must include the following information:a description of how the safety planintegrates and reflects the processes and principles included in the management system that relate to safety, andensures that the obligations set out in these Regulations with regard to safety are met;a summary of the studies and a description of the processes used toidentify the safety hazards that may arise during the authorized work or activities, including any safety hazards that may arise due to activities taking place in the vicinity of the operations site, andassess the safety risks associated with the identified hazards;a description of the hazards identified under subparagraph (b)(i) and the results of the risk assessment under subparagraph (b)(ii);a description of the measures to be taken to anticipate, monitor, avoid and minimize the safety risks associated with the identified hazards, including, if hazards related to ice or icing are identified, measures for detecting, anticipating, monitoring and reporting those hazards, as well as measures for data collection and, if applicable, for ice avoidance or deflection;an evaluation of the anticipated effectiveness of the measures referred to in paragraph (d) and of how they will assist in meeting the target levels of safety referred to in section 30;a description of the methods that are to be used to communicate with persons who may be directly affected by the identified hazards regarding the existence of those hazards and the measures that will be taken to minimize the associated safety risks;a description of all the facilities, equipment and systems that are critical to safety and are to be used during the authorized work or activities and a summary of the procedures and policies to be put in place for their inspection, testing and maintenance;a detailed description of all support craft and other vessels, vehicles, aircraft or conveyances that are to be used;a description of the training required by the persons who will carry on the authorized work or activities and the experience, qualifications and competencies that they must possess;a description of the authorized work or activities that involve diving operations and the measures to be taken to ensure that those operations are carried out safely and in accordance with the prevailing industry standards and best practices that are appropriate for the water depth and type of diving involved;a description of the measures to be taken to monitor compliance with the safety plan and to evaluate performance in relation to the plan’s objectives, including data collection and analysis, inspections and auditing;a description of the organizational structure and the chain of command for ensuring that the authorized work or activities are carried on safely; anda description of the processes to be put in place to identify, evaluate and manage any changes related to the authorized work or activities that could affect safety.Service providersIf the operator contracts for the provision of services with respect to the authorized work or activities, the safety plan must also includea description of how the procurement process takes into consideration service providers’ past performance in relation to safety;a description of service providers’ roles and responsibilities with respect to safety;a description of the measures to be taken to oversee the work or activities of service providers and to ensure that service providers comply with the safety plan; anda description of how the operator and service providers will communicate with each other regarding any safety issues that may arise during the work or activities.
Environmental protection planThe environmental protection plan must set out the procedures, practices and resources to be put in place to manage environmental hazards and protect the environment and must include the following information:a description of how the environmental protection planintegrates and reflects the processes and principles included in the management system that relate to environmental protection, andensures that the obligations set out in these Regulations with regard to environmental protection are met;a summary of the studies and a description of the processes used toidentify the environmental hazards that may arise during the authorized work or activities, including any environmental hazards that may arise due to activities taking place in the vicinity of the operations site, andassess the environmental risks associated with the identified hazards;a description of the hazards identified under subparagraph (b)(i) and the results of the risk assessment under subparagraph (b)(ii);the measures to be taken to anticipate, monitor, avoid and minimize the environmental risks associated with the identified hazards;an evaluation of the anticipated effectiveness of the measures referred to in paragraph (d) and how they will assist in meeting the target levels of environmental protection referred to in section 30;a description of the methods to be used to communicate with persons who may be directly affected by the identified hazards regarding the existence of those hazards and the measures that will be taken to minimize the associated environmental risks;a description of all the facilities, equipment and systems that are critical to the protection of the environment and are to be used during the authorized work or activities and a summary of the procedures and policies to be put in place for their inspection, testing and maintenance;a description of the organizational structure and the chain of command for ensuring that the authorized work or activities are carried on in a manner that minimizes environmental hazards;a description of the procedure to be followed if an archaeological site or a burial ground is discovered during the authorized work or activities;a description of the measures to be taken to monitor compliance with the environmental protection plan and to evaluate performance in relation to the plan’s objectives, including data collection and analysis, inspections and auditing; anda description of the processes to be put in place to identify, evaluate and manage any changes related to the authorized work or activities that could affect the protection of the environment.Service providersIf the operator contracts for the provision of services with respect to the authorized work or activities, the environmental protection plan must also includea description of how the procurement process takes into consideration service providers’ past performance in relation to environmental protection;a description of service providers’ roles and responsibilities with respect to environmental protection;a description of the measures to be taken to oversee the work or activities of service providers and to ensure that service providers comply with the environmental protection plan; anda description of how the operator and service providers will communicate with each other regarding any environmental issues that may arise during the work or activities.
Emergency management planThe emergency management plan must set out the emergency response procedures referred to in subsection (2) and any other procedures, practices and resources that are necessary to effectively prepare for, manage and respond to an emergency and must include the following information:a description of how the emergency management planintegrates and reflects the processes and principles included in the management system that relate to emergency response, andensures that the obligations set out in these Regulations with regard to emergency response are met;a description of the types of incidents, in relation to the authorized work or activities, that may require an emergency response, an assessment of the risks associated with each type of incident and a description of the planned emergency response for each type of incident;a description of the organizational structure and the chain of command for emergency response;a method for classifying incidents;a description of the incident management system to be used for emergency response;a description of the methods that are to be used to monitor, constantly and in real time, both the facilities used in the generation and transmission of electrical energy and the work or activities, including at night and during periods of poor visibility;the frequency and scope of the emergency response drills and exercises that are to be carried out to test and validate emergency response procedures and practices; anda description of the measures that are to be taken to ensure that first responders, the personnel of relevant medical facilities, organizations and agencies, and persons that are carrying on activities within or in the vicinity of an operations site are informed of, and provided with instructions and updates concerning,the location of the facilities that are to be used in the generation and transmission of electrical energy,the potential emergency situations that may arise in relation to those facilities, andthe procedures to be followed in case of an emergency.Emergency response proceduresThe emergency response procedures must cover the following subjects:emergency response for each type of incident identified under paragraph (1)(b), including the emergency equipment that is necessary and is to be made available for emergency response to each type of incident;the safe shutdown, in the event of an emergency, of facilities, equipment and systems to be used in the generation and transmission of electrical energy;evacuation plans for personnel carrying on work or activities in the offshore area, including, if applicable, evacuation plans for divers engaged in a dive;the notification, investigation and reporting of incidents under section 64;the protocols for communicating with the relevant federal, provincial and municipal authorities and Indigenous governing bodies during an emergency response; andcoordination and liaison with all relevant emergency response organizations during an emergency response.
Site Assessment
Application — additional contentsFor the purposes of subsection 298(2) of the Act, an application for authorization to carry on work or activities in relation to the site assessment for an offshore renewable energy project or offshore power line must include, in addition to the information and documents referred to in section 6,a description of the surveys that are proposed to be conducted, including any seafloor hazard surveys and any biological, environmental, geological, geotechnical, geophysical, oceanographic, meteorological or archaeological surveys, as well as of any analyses or assessments to be performed using the data obtained from those surveys;a description of the facilities, equipment and systems to be put in place for the site assessment, their proposed location, capabilities and limitations and, if any facilities, equipment or systems are to be installed on or moored to the seafloor, how they will be abandoned or removed;a risk assessment in respect of the proposed work or activities that addresses the safety and security of persons and infrastructure that are at or in the vicinity of an operations site;an environmental and socio-economic assessment in respect of the proposed work or activities; andan assessment in respect of the proposed work or activities that addresses the factors referred to in paragraphs 298(3)(d) and (e) of the Act.
Construction, Operation and Maintenance
Application — additional contentsFor the purposes of subsection 298(2) of the Act, an application for authorization to carry on work or activities in relation to the construction, operation and maintenance of facilities, equipment and systems related to an offshore renewable energy project or offshore power line must include, in addition to the information and documents referred to in section 6,a list of the industry standards and best practices to be used in the design of the facilities, equipment and systems, as well as any data sets to be used in establishing operational conditions and extreme loading conditions;a description of the facilities, equipment and systems and their proposed location, capabilities and limitations, including, in the case of an offshore power line, maps that showif applicable, the preferred location of each terminal point and each provincial interconnection point for the power line, as well as any other locations that are being considered,the preferred route for the power line, as well as any other routes that are being considered,constraints and hazards that restrict the preferred locations referred to in subparagraph (i) or the preferred route referred to in subparagraph (ii), andthe width of the proposed corridor for the power line, accompanied by the reasons for the selected width;a description of any existing infrastructure that was identified during the site assessment and an explanation of how that infrastructure was taken into account in the planning of the proposed work or activities;a risk assessment in respect of the proposed work or activities for the construction, operation and maintenance of the facilities, equipment and systems, as well as the anticipated work or activities for their decommissioning and abandonment, that addresses the safety and security of persons and infrastructure that are at, on or in the vicinity of the facilities, equipment or systems, including an assessment of any risks associated with the operation of vessels, vehicles, aircraft or other conveyances in that vicinity;an environmental and socio-economic assessment in respect of the proposed work or activities for the construction, operation and maintenance of the facilities, equipment and systems, as well as the anticipated work or activities for their decommissioning and abandonment;an assessment in respect of the proposed work or activities for the construction, operation and maintenance of the facilities, equipment and systems, as well as the anticipated work or activities for their decommissioning and abandonment, that addresses the factors referred to in paragraphs 298(3)(d) and (e) of the Act;a description of the quality assurance program referred to in section 26 and an indication of the standard referred to in subsection 26(3) with which the program conforms;the name of the organization that the operator proposes to engage as a certifying authority, a description of the organization’s qualifications to assume the responsibilities referred to in subsection 40(3) and the proposed general scope and timing of the activities to be carried out by the organization in relation to the issuance of a certificate of fitness under subsection 44(1);an overview of the anticipated decommissioning and abandonment plan that will be submitted under paragraph 21(a); andan estimate of the costs of the decommissioning and abandonment and an indication of the manner in which the operator will finance or pay for those costs.
Additional conditions — constructionFor the purposes of subsection 298(9) of the Act, an authorization in relation to the construction, operation and maintenance of facilities, equipment and systems related to an offshore renewable energy project or offshore power line is, in addition to being subject to the conditions set out in section 7, subject to the condition that the operator ensure that the following documents and information are submitted to and approved by the Regulator before the authorized work or activities related to construction begin:a facility design report that meets the requirements of section 15;a fabrication and construction report that meets the requirements of section 16;a facilities reliability report that meets the requirements of section 17;a description of a preliminary version of the integrity management program that will be submitted under paragraph 18(a);a description of the navigational safety zones proposed for the purposes of paragraph 28(1)(a) or a justification of why navigational safety zones are not needed; andthe plan referred to in section 45, prepared by the certifying authority, for the periodic inspection of the facilities, equipment and systems during their construction.
Facility design reportThe facility design report must contain a comprehensive description of the design of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line that are outlined in the authorization, includinga summary of the engineering design criteria and data;a summary of the physical and environmental data used in analyzing the design of the facilities, equipment and systems;front, side and plan view technical drawings of the facilities;a list of the industry standards and best practices used in the design of the facilities, equipment and systems, as well as any data sets used in establishing operational conditions and extreme loading conditions;a complete set of structural drawings to be used for the fabrication and construction of the facilities, equipment and systems;the target levels of safety, security and environmental protection referred to in section 30;a copy of the studies used in designing the facilities, equipment and systems and planning their installation;a description of the loads that will be imposed on the facilities;detailed information onthe structural integrity of facilities, andthe stability and motion response characteristics of any floating infrastructure;a description of the major mechanical components to be used in the facilities, equipment and systems, including design drawings that illustrate and identify each of those components;a description of the major electrical components to be used in the facilities, equipment and systems, including a single-line diagram that illustrates and identifies each of those components;a description of the measures, including the markings, lighting and signalling, to be put in place to identify the facilities, equipment and systems, warn any vessels, vehicles, aircraft and other conveyances operating in the vicinity of the facilities, equipment and systems of their presence and prevent any collisions, including in reduced visibility conditions; andan indication of the anticipated design life of the facilities, equipment and systems, as well as that of their significant components.Additional requirementsThe facility design report must alsodemonstrate that the design conforms with all applicable laws and the conditions of the authorization;demonstrate that the design is in keeping with any information provided and any approach, methodology or technology proposed in an application in respect of any previously authorized work or activities in relation to the offshore renewable energy project or offshore power line; andinclude the certification statement referred to in paragraph 40(3)(a).
Fabrication and construction reportThe fabrication and construction report must contain a comprehensive description of how the facilities, equipment and systems related to the offshore renewable energy project or offshore power line are to be fabricated, transported, constructed and installed, includinga schedule for the authorized work or activities related to the fabrication and construction of the facilities, equipment and systems;a list of the prevailing industry standards and best practices to be followed to ensure that the facilities, equipment and systems are fabricated and constructed according to the design set out in the facility design report;detailed information about how fabricated components are to be transported to the operations site and installed, including a description of the vessels, equipment, systems and, if applicable, anchoring and mooring arrangements to be used; andinformation concerning the methods and vessels to be used to bury or otherwise protect cables or pipelines, if applicable.Additional requirementsThe fabrication and construction report must alsodemonstrate that the fabrication and construction will conform withall applicable laws,the conditions of the authorization,the design set out in the facility design report, andprevailing industry standards and best practices;demonstrate that the fabrication and construction will be in keeping with any information provided and any approach, methodology or technology proposed in an application in respect of previously authorized work or activities in relation to the offshore renewable energy project or the offshore power line; andinclude the certification statement referred to in paragraph 40(3)(b).
Facilities reliability reportThe facilities reliability report must describethe measures to be taken to ensure the reliability of the power system related to the offshore renewable energy project and associated offshore power lines;the impacts that the project and associated power lines will have on the bulk power system;the anticipated maximum power transfer capabilities of the project and associated power lines under both winter and summer conditions, the criteria used to determine those capabilities and the mitigation measures to be taken in the event of severe weather conditions; andthe reliability standards to which the project and associated power lines will be subject during operation.Additional requirementThe facilities reliability report must also demonstrate that the measures referred to in paragraph (1)(a) are in conformity with all applicable laws and the conditions of the authorization.
Additional conditions — operation and maintenanceFor the purposes of subsection 298(9) of the Act, an authorization in relation to the construction, operation and maintenance of facilities, equipment and systems related to an offshore renewable energy project or offshore power line is, in addition to being subject to the conditions set out in sections 7 and 14, subject to the condition that the operator ensure that the following documents and information are submitted to and approved by the Regulator before the authorized work or activities related to operation and maintenance begin:a description of the finalized version of an integrity management program that meets the requirements set out in section 19;a preliminary version of the decommissioning and abandonment plan that will be submitted under paragraph 21(a) that builds on the overview referred to in paragraph 13(i);any updates to the information provided under paragraph 13(j);a description of the navigational safety zones proposed for the purposes of paragraph 28(1)(a) or a justification of why navigational safety zones are not needed;the certificate of fitness issued under subsection 44(1) in respect of the facilities, equipment and systems; andthe plan referred to in section 45, prepared by the certifying authority, for the periodic inspection of the facilities, equipment and systems during their operation and maintenance.
Integrity management programThe integrity management program must be aimed at ensuring that all facilities, equipment and systems related to the offshore renewable energy project or offshore power linemeet the requirements of all applicable laws in respect of the design of such facilities, equipment and systems;are tested, inspected, monitored, maintained and operated in such a way as to ensure safety, security and environmental protection under the operating conditions and maximum loads that are likely to exist during any authorized work or activities; andremain fit for the purposes for which they are to be used and can be operated without posing a threat to safety, security or the environment.Risk assessmentThe integrity management program must be based on a risk assessment that is conducted in accordance with industry best practices and that takes into account the assumptions on which the design is based.Monitoring, inspection and testingThe integrity management program must set out the measures to be taken by the operator to monitor the condition of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line and to conduct periodic inspections and testing, and must includethe measures to be taken to evaluate the condition of the facilities, equipment and systems and the operational, physical and environmental conditions to which they are subjected;the scope and frequency of the periodic inspections that are necessary to ensure the continued performance and safe functioning of the facilities, equipment and systems;a description of the incidents, including natural events and accidents, that will trigger an inspection; andthe scope of the inspection to be conducted after an incident occurs.Additional requirementThe finalized version of the integrity management program must also include the certification statement referred to in paragraph 40(3)(c).Documentation of resultsThe operator must document the results of the monitoring, inspection and testing carried out for the purposes of the integrity management program.
Decommissioning and Abandonment
Application — additional contentsFor the purposes of subsection 298(2) of the Act, an application for authorization to carry on work or activities in relation to the decommissioning and abandonment of facilities, equipment and systems related to an offshore renewable energy project or offshore power line must include, in addition to the information and documents referred to in section 6,a description of any existing infrastructure at the operations site and an explanation of how that infrastructure was taken into account in the planning of the work or activities that are the subject of the application;the results of an assessment of the condition of any facilities, equipment or systems that are to be decommissioned and abandoned;a description of the facilities, equipment and systems to be decommissioned and abandoned in place or decommissioned, removed and disposed of, as the case may be, including, if applicable, the methods to be used to remove and transport them and how and where they are to be disposed of;a risk assessment in respect of the work or activities that are the subject of the application that addresses the safety and security of persons and infrastructure that are at, on or in the vicinity of the facilities, equipment or systems, including an assessment of any risks associated with the operation of vessels, vehicles, aircraft or other conveyances in that vicinity;an environmental and socio-economic assessment in respect of the work or activities that are the subject of the application;an assessment in respect of the work or activities that are the subject of the application that addresses the factors referred to in paragraphs 298(3)(d) and (e) of the Act;a description of the methods to be used to restore the operations site after the decommissioning and abandonment of the facilities, equipment and systems; andan estimate of the costs of the decommissioning and abandonment and an indication of the manner in which the operator will finance or pay for those costs.
Additional conditions — decommissioning and abandonmentFor the purposes of subsection 298(9) of the Act, an authorization in relation to the decommissioning and abandonment of facilities, equipment and systems related to an offshore renewable energy project or offshore power line is, in addition to being subject to the conditions set out in section 7, subject to the condition that the operator ensure that the following document and information are submitted to and approved by the Regulator before the authorized work or activities related to decommissioning and abandonment begin:a detailed finalized decommissioning and abandonment plan in respect of the facilities, equipment and systems that meets the requirements set out in section 22; anda description of the navigational safety zones proposed for the purposes of paragraph 28(1)(a) or a justification of why navigational safety zones are not needed.
Decommissioning and abandonment planThe decommissioning and abandonment plan must include the following information:the proposed approach for decommissioning and abandoning the facilities, equipment and systems related to the offshore renewable energy project or offshore power line, including details regarding their removal, transportation and disposal, if applicable;a description of the safety, security and environmental protection measures to be implemented during the decommissioning and abandonment to ensure compliance with all applicable laws;a description of the potential effects that the decommissioning and abandonment will have on the environment and on other users of the operations site; andthe methods to be used to restore the operations site after the decommissioning and abandonment.
General Requirements for OperatorsManagement System and Associated Plans
ImplementationThe operator must continue to implement the management system, safety plan, environmental protection plan and emergency management plan referred to in section 7 for the entire duration of the authorized work or activities in relation to the offshore renewable energy project or offshore power line.UpdatesThe operator must ensure that the management system, safety plan, environmental protection plan and emergency management plan are updated periodically to ensure that they continue to meet the requirements set out in sections 8, 9, 10 and 11, respectively.
Financial and human resourcesThe operator must ensure that there are sufficient financial and human resources to implement and continually improve the management system, safety plan, environmental protection plan and emergency management plan.Accountable personThe operator must designate one of its employees as the accountable person for the management system, safety plan, environmental protection plan and emergency management plan and ensure that the accountable person has the necessary authority for assigning financial and human resources to develop, implement and make ongoing improvements to that system and those plans.Change — accountable personIf there is any change to the name, position or contact information of the accountable person that was submitted under paragraph 7(2)(a), the operator must provide updated information to the Regulator as soon as feasible.
Integrity Management Program and Quality Assurance Program
Integrity management programThe operator must implement the integrity management program referred to in paragraph 18(a) for the entire duration of the authorized work or activities in relation to the operation and maintenance of the offshore renewable energy project or offshore power line.UpdatesThe operator must ensure that the integrity management program is updated periodically so that it continues to meet the requirements set out in section 19.
Quality assurance programThe operator must develop a quality assurance program in respect of the fabrication, transportation, installation and commissioning of all facilities, equipment and systems related to the offshore renewable energy project or offshore power line and any components used in the maintenance of those facilities, equipment and systems.RequirementsThe quality assurance program must be comprehensive and must set out the requirements for monitoring, documenting and managing quality to ensure that the facilities, equipment and systems are fit for the purposes for which they are to be used.Conformity with recognized standardThe quality assurance program must be in conformity with a recognized Canadian or international standard for quality management.ImplementationThe operator must implement the quality assurance program for the entire duration of the authorized work or activities other than work or activities related to site assessment.UpdatesThe operator must ensure that the quality assurance program is updated periodically.
Other Requirements
Carrying on of authorized work or activitiesThe operator must carry on all authorized work or activities in a manner that ensures safety, security and environmental protection bymeeting the requirements of the management system, safety plan, environmental protection plan, emergency management plan, integrity management program and quality assurance program and ensuring that all employees, suppliers, service providers and other persons involved in the authorized work or activities meet those requirements;respecting any limitations set out in the certificate of fitness issued in relation to the operation of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line to ensure that their operation does not pose a threat to safety, security or the environment;monitoring the compliance of employees, suppliers, service providers and other persons involved in the authorized work or activities with all conditions of authorization;ensuring the safe and reliable operation of facilities, equipment and systems related to the offshore renewable energy project or offshore power line;taking all reasonable measures to minimize damage to property;taking all reasonable measures to minimize adverse effects for other persons in the offshore area;using the best available technologies for mitigating adverse effects on persons and the environment that are economically feasible to implement;complying with prevailing industry standards and best practices;taking all reasonable measures to prevent debris and to prevent or, if prevention is not possible, minimize the introduction into the environment of any substance or form of energy that is likely to have an adverse effect on the environment; andtaking all reasonable measures to minimize any adverse effects on persons and the environment when restoring the operations site after the decommissioning and abandonment of the facilities, equipment and systems.Equipment and systemsThe operator must ensure thatall equipment and systems that are used during the authorized work or activities are tested, inspected, maintained, operated and handled in such a way as to ensure safety, security and environmental protection, taking into consideration the manufacturer’s instructions and any applicable standards; andany defective components of the equipment or systems are promptly repaired or replaced, taking into consideration the manufacturer’s instructions and any applicable standards.Assignment of dutiesThe operator must ensure that persons who are assigned duties or who carry on authorized work or activitieshave the necessary experience, training, qualifications and competence to perform the duties or carry on the work or activities in accordance with these Regulations and in a manner that ensures safety, security and environmental protection; andare sufficient in number and receive the supervision that is necessary for them to perform the duties or carry on the work or activities in a manner that ensures safety, security and environmental protection.
Navigational safety zonesThe operator must take measures to protect facilities, equipment and systems at an operations site against collision with vessels, vehicles, aircraft and other conveyances operating in the vicinity of the facilities, equipment and systems from the time their construction begins until their decommissioning and abandonment is completed, including byestablishing the navigational safety zones referred to in paragraph 14(e), 18(d) or 21(b), as the case may be, that are approved by the Regulator; andensuring that the following information is made available to other persons in the offshore area and brought to the attention of the Canadian Coast Guard, the Department of Transport and the Canadian Hydrographic Service of the Department of Fisheries and Oceans:the location of the operations site and of the facilities, equipment and systems,the boundaries of the navigational safety zones, anda description of the risks associated with navigation in the vicinity of the facilities, equipment and systems.Boundaries of navigational safety zoneThe establishment of the boundaries of a navigational safety zone must be informed by the risk assessment referred to in paragraph 13(d) or 20(d) as it relates to the risks associated with navigation in the vicinity of the facilities, equipment or systems at the operations site, but the distance between the outer extremity of the facilities, equipment or systems and the perimeter of the safety zone must not exceed 500 m in any direction, except as permitted under paragraph 5 of Article 60 of Part V of the United Nations Convention on the Law of the Sea.Routing systems and measuresA navigational safety zone must not interfere with the use of established routing systems and routing measures related to navigational safety.
Design requirementsThe operator must ensure that all facilities, equipment and systems related to the offshore renewable energy project or offshore power line are designedin such a way as to ensure safety, security and environmental protection, including by achieving the target levels of safety, security and environmental protection established under section 30;using the best available technologies for minimizing adverse effects on persons, infrastructure and the environment that are economically feasible to implement; andin accordance with prevailing industry standards and best practices.Factors to be taken into accountThe design of the facilities, equipment and systems must take into account their intended use, their location and any site-specific physical and environmental conditions.Physical and environmental conditionsThe operator must ensure that every facility related to the offshore renewable energy project or offshore power line is designed to withstand or avoid all reasonably foreseeable site-specific physical and environmental conditions, including any reasonably foreseeable combination of those conditions, without its structural integrity or any associated equipment or systems that are critical to safety, security and environmental protection being compromised.
Target levelsThe operator must establish measurable target levels of safety, security and environmental protection for each work or activity carried on in relation to the offshore renewable energy project or offshore power line.Quantitative or qualitative assessmentThe target levels of safety, security and environmental protection must be based on a quantitative assessment unless quantitative assessment methods are inappropriate or the quantitative data is not reliable, in which case the target levels must be based on a qualitative assessment.
Critical softwareThe operator must ensure that any software that is critical to safety, security or environmental protection issecure, reliable and capable of being updated;designed, commissioned and updated in a competent manner; anddemonstrated to be fit for the purposes for which it is to be used through a testing and validation process that takes into considerationall foreseeable operating conditions and emergency situations, andsystem complexity, the dependencies and interactions among systems, software failure modes and the level of risk associated with system failure or malfunction.Modifications to software featuresThe features of the software referred to in subsection (1) must not be modified unless the necessary internal approvals for the modification are obtained, including the approval of the facility manager.Testing and validationThe modified software must not be used until it has been tested and validated in accordance with paragraph (1)(c).
Software-dependent control systemsIf the failure or malfunction of any integrated software-dependent control systems would cause a hazard to safety, security or the environment, the operator must ensure thatthe control systems are designed, installed, commissioned and maintained in such a way as to ensure their reliability, availability and security; andmeasures are implemented and maintained to protect the control systems from any threat, including unauthorized access.
Rescue boatThe operator must ensure that a rescue boat is available and ready for use in the event of an emergency at all times when personnel are present in the offshore area for the purposes of carrying on authorized work or activities.
Requirements for vesselsThe operator must ensure that every vessel that is used to carry on authorized work or activities is suitable for the operations site at which it is used and for the nature of the work or activities.
Evacuation systems and equipmentIn determining the number of persons that any lifeboat, life raft or marine evacuation system can accommodate, the operator must take into consideration each person’s weight while the person is wearing an immersion suit, as well as the space they require while wearing such a suit.
Third-party assessmentThe operator must ensure that a competent third party verifies all equipment that is installed temporarily on a vessel that is used in connection with any authorized work or activities to ensure that the equipment is fit for the purpose for which it is to be used and is secured in a seaworthy manner.
Landing areaIf personnel will be transported by aircraft to or within an operations site or between operations sites, the operator must ensure that the landing area for the aircraft, or for any person or cargo being raised to or lowered from the aircraft, is designed to ensure safety, security and environmental protection, including the prevention of incidents or damage due to the use of an aircraft.Specific requirementsThe operator must ensure that the landing areadoes not contain any obstacles that may impede the safe landing or takeoff of aircraft or the safe disembarkation or embarkation of persons or cargo and, if applicable, is oriented relative to the prevailing winds;is able to withstand all functional loads that may be imposed on it;has conspicuous markings and signage; andhas adequate lighting, including for reduced visibility conditions.Specific requirements — landing and takeoffThe operator must ensure that any area used for the landing or takeoff of aircraft is capable of accommodating aircraft of expected sizes and is equipped withemergency response and firefighting equipment;a monitoring system and status light system;communication and meteorological equipment; andif the landing area is on a facility, fuel storage tanks.
Procedures and training programThe operator must ensure thatprocedures with respect to the support of aircraft operations, including procedures for emergency response, are developed and implemented; anda training program is provided for personnel and passengers in respect of those procedures.Aircraft service providerBefore any authorized work or activities that require the use of an aircraft begin, the operator must ensure that the aircraft service provider has accepted in writing tocomply with all conditions stipulated by the operator with respect to the use of the equipment on any landing area;implement the procedures referred to in paragraph (1)(a); andensure that all personnel and passengers follow the training program referred to in paragraph (1)(b).
Access to documents and informationThe operator must ensure that a copy of the following documents and information is readily accessible at each operations site when personnel are present and at all times at every associated control centre and emergency response operations centre:every authorization issued in respect of work or activities related to the offshore renewable energy project or offshore power line;all information and documents submitted to the Regulator to meet a condition of authorization, including the safety plan, environmental protection plan and emergency management plan, as well as supporting documentation; andall procedures and other documents that are necessary to carry on authorized work or activities in a manner that ensures safety, security and environmental protection.
Certifying Authority and Certificate of Fitness
Certifying authorityThe operator must engage the services of an organization to serve as a certifying authority.Approval by RegulatorThe organization engaged by the operator must be approved as a certifying authority by the Regulator based on the organization’s qualifications to assume the responsibilities referred to in subsection (3).Responsibilities of certifying authorityThe certifying authority is responsible forconducting an independent assessment of the facility design report referred to in paragraph 14(a), including an assessment of the design inputs, the methodologies used in the design and the results of any technical studies undertaken in support of the design, and providing a certification statement to the operator that confirms that the proposed design of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line is in accordance with good engineering practices, the authorization and all applicable laws;conducting an independent assessment of the fabrication and construction report referred to in paragraph 14(b) and providing a certification statement to the operator that confirms that the proposed fabrication, construction and installation of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line are in accordance with good engineering practices, the authorization and all applicable laws;conducting an independent assessment of the integrity management program referred to in paragraph 18(a) and providing a certification statement to the operator that confirms that the proposed measures to ensure the integrity of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line are in accordance with good engineering practices, the authorization and all applicable laws;monitoring and carrying out inspections related to the fabrication, transportation, construction, installation and commissioning of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line, including any major maintenance or modifications;assessing whether the facilities, equipment and systems related to the offshore renewable energy project or offshore power line have been fabricated, constructed and installed in accordance withgood engineering practices,the fabrication and construction report referred to in paragraph 14(b), andthe authorization;verifying that the facilities, equipment and systems related to the offshore renewable energy project or offshore power line are fit for the purposes for which they are to be used and can be operated without posing a threat to safety, security or the environment;issuing a certificate of fitness in respect of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line;periodically performing on-site or remote inspections of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line to verify their continued integrity in accordance with the integrity management program referred to in paragraph 18(a) and ensure that they remain fit for the purposes for which they are to be used and can be operated without posing a threat to safety, security or the environment;validating the effectiveness of any measures implemented by the operator to minimize risks in relation to safety, security and the environment that are associated with the facilities, equipment and systems related to the offshore renewable energy project or offshore power line; andverifying that the certificate of fitness remains valid for as long as the facilities, equipment and systems related to the offshore renewable energy project or offshore power line remain in operation.
Operator’s obligationsThe operator must ensure thatthe certifying authority has, for the purpose of fullfilling its responsibilities, access to the facilities, equipment and systems related to the offshore renewable energy project or offshore power line, as well as to the necessary documentation; andthe certificate of fitness issued under subsection 44(1) remains valid for as long as the facilities, equipment and systems remain in operation.
Scope of workThe certifying authority must submit a scope of work to the Regulator for approval and obtain the Regulator’s approval before undertaking the relevant activities referred to in subsection 40(3) in relation to the construction, operation and maintenance of the facilities, equipment and systems related to an offshore renewable energy project or offshore power line.
Performance of functionsIn performing its functions, the certifying authority mustcarry out the scope of work that was approved by the Regulator;use good engineering judgment and practices; andensure that any person that is tasked with carrying out an activity referred to in subsection 40(3) has the necessary experience, training, qualifications and competence to do so.
Certificate of fitnessThe certifying authority may, on the basis of the activities referred to in subsection 40(3), issue a certificate of fitness in respect of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line.Fitness for purposeThe certificate of fitness must confirm that the facilities, equipment and systems are fit for the purposes for which they are to be used and can be operated without posing a threat to safety, security or the environment.Limitations on operationThe certificate of fitness may set out limitations in relation to the operation of the facilities, equipment and systems that the certifying authority considers necessary to ensure that their operation does not pose a threat to safety, security or the environment.Copy provided to RegulatorThe certifying authority must provide a copy of the certificate of fitness to the Regulator.
Inspection plansThe certifying authority must prepare a plan for the periodic inspection of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line during their construction and during their operation and maintenance and provide those plans to the Regulator.Review of operator’s recordsThe inspection plan mustinclude a schedule for the periodic review of the operator’s records from the management system to identify any changes to the management system that might affect safety, security or environmental protection; andbe updated as needed to ensure that the facilities, equipment and systems are inspected in light of those changes.Scope and frequency of inspectionsThe certifying authority must establish the scope and frequency of the periodic inspections based on a risk assessment conducted in accordance with prevailing industry standards and best practices.Changes to inspection planThe certifying authority must, as soon as circumstances permit, inform the Regulator of any material changes to the inspection plan.
Independence and impartialityThe certifying authority must not issue a certificate of fitness in respect of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line unless the certifying authority is able to fulfill its responsibilities under subsection 40(3) with independence and impartiality, including by ensuring thata separation is maintained between the certification functions that it or any of its subsidiaries or affiliates perform and any work that it or any of its subsidiaries or affiliates undertake with respect to the design, construction, transportation, installation, establishment or commissioning of the facilities, equipment and systems; andbarriers and processes are in place to prevent real, potential or perceived conflicts of interest.Notification of conflict of interestThe certifying authority must monitor for real, potential or perceived conflicts of interest throughout the period that it acts as certifying authority for the operator and must, without delay, notify the operator and the Regulator of any such conflicts that are identified.
Change of certifying authorityIf the operator decides to replace the certifying authority with a new certifying authority, the operator must provide the name of the organization that the operator proposes to engage as the new certifying authority to the Regulator, along with a description of the organization’s qualifications to assume the responsibilities referred to in subsection 40(3).Before issuance of certificateIf the operator engages a new certifying authority before the initial certificate of fitness is issued, the new certifying authority must carry out its own independent assessment, monitoring, inspection, verification and validation activities for the purposes of issuing the certificate.After issuance of certificateIf the operator engages a new certifying authority after a certificate of fitness has been issued, the operator must develop and submit to the Regulator a transition plan outlining all of the activities to be carried out by the parties before the transition from the former to the new certifying authority and demonstrating that the transition will not result in any gaps, delays or negative effects on the extent and quality of the activities referred to in subsection 40(3).Implementation of transition planThe operator must ensure that the transition plan is implemented.One certificate and one authorityThere must be no more than one certificate of fitness and one certifying authority in relation to an offshore renewable energy project or offshore power line at any given time.
Annual reportWithin 30 days after the end of each calendar year during which authorized work or activities are carried on in relation to the construction, operation and maintenance of facilities, equipment and systems related to the offshore renewable energy project or offshore power line, the certifying authority must submit a report for that year to the Regulator that includesan overview of the activities that it carried out during the calendar year in its capacity as certifying authority;a statement, signed by the certifying authority, confirming that it has maintained the qualifications it possessed when it was approved by the Regulator as a certifying authority;the name, position, contact information and qualifications of the persons that were involved in carrying out the activities referred to in subsection 40(3);if applicable, a description of the methodologies used to conduct the independent assessments referred to in paragraphs 40(3)(a) to (c) and the assessment referred to in paragraph 40(3)(e) and the results of those assessments;a detailed description of the inspections performed during the calendar year, including their scope and the methodology used, as well as the results;a description of the activities that it carried out to validate the effectiveness of any measures implemented by the operator to minimize risks in relation to safety, security and the environment and the results of that validation.
Offshore Renewable Energy — Other Than Wind EnergyApplication
ApplicationThis Part applies in respect of offshore renewable energy projects — other than those that exploit or aim to exploit the power of the wind to generate electricity — and the offshore power lines associated with those projects.
Requirements for All Applications
ContentsFor the purposes of subsection 298(2) of the Act, every application for authorization to carry on work or activities in relation to an offshore renewable energy project or offshore power line must include the following information and documents:the name and contact information of the authorized representative of the operator;the development concept for the project or power line as a whole, including any plans for overlapping or concurrent authorizations, for the proposed work or activities to be undertaken in stages or for the overall project or power line to be developed in stages;a description of the work or activities that are the subject of the application, includingthe objectives to be attained,the scope of the proposed work or activities, andmaps or charts showing the preferred locations of all operations sites, as well as any other locations that are being considered;a description of the anticipated use of support craft, of any other vessel, vehicle, aircraft or conveyance and of associated equipment and systems in carrying on the work or activities that are the subject of the application;an execution plan and a schedule for undertaking the work or activities that are the subject of the application, including, if applicable, an indication of the need for any overlapping or concurrent authorizations or for the work or activities to be undertaken in stages;if applicable, the results ofrelevant surveys and monitoring programs, including those in respect of previously authorized work or activities in relation to the project or power line, andrelevant analyses and assessments based on the data from such surveys and monitoring programs;a description of how the results referred to in paragraph (f) were taken into account in the planning of the work or activities that are the subject of the application;a description of the measures to be taken to conform with all applicable laws in relation to safety, security or environmental protection;a description of the potential effects that the work or activities that are the subject of the application may have on any other users of the operations site;a list of all the permits and other authorizations that are required in relation to the work or activities that are the subject of the application;if the operator is proposing to carry on the work or activities that are the subject of the application in a manner that differs from what was proposed in a previous application, a detailed description of the proposed changes, the rationale for those changes and a description of their effect;a risk assessment in respect of the proposed work or activities that addresses the safety and security of persons and infrastructure that are at or in the vicinity of an operations site;an environmental and socio-economic assessment in respect of the proposed work or activities;an assessment in respect of the proposed work or activities that addresses the factors referred to in paragraphs 298(3)(d) and (e) of the Act;a list of the industry standards and best practices to be used in the design of the facilities, equipment and systems that are to be used in the generation and transmission of electrical energy, as well as any data sets to be used in establishing operational conditions and extreme loading conditions;a description of the facilities, equipment and systems that are to be used in the generation and transmission of electrical energy and their proposed location, capabilities and limitations, including, in the case of an offshore power line, maps that showif applicable, the preferred location of each terminal point and each provincial interconnection point for the power line, as well as any other locations that are being considered,the preferred route for the power line, as well as any other routes that are being considered,constraints and hazards that restrict the preferred locations referred to in subparagraph (i) or the preferred route referred to in subparagraph (ii), andthe width of the proposed corridor for the power line, accompanied by the reasons for the selected width; andthe proposed approach to the decommissioning and abandonment of the facilities, equipment and systems related to the project or power line, an estimate of the costs of the decommissioning and abandonment and an indication of the manner in which the operator will finance or pay for those costs.
Conditions of Every Authorization
PlansFor the purposes of subsection 298(9) of the Act, every authorization is subject to the condition that the operator, before the authorized work or activities begin, develop and implementa safety plan that meets the requirements set out in section 52;an environmental protection plan that meets the requirements set out in section 53; andan emergency management plan that meets the requirements set out in section 54.Submission and approvalEvery authorization is also subject to the condition that the operator submit the following information and plans to the Regulator and obtain the Regulator’s approval of the information referred to in paragraph (e) and the plans before the authorized work or activities begin:the name, position and contact information of the accountable person designated under subsection 55(2);the safety plan;the environmental protection plan;the emergency management plan; anda description of the navigational safety zones proposed for the purposes of paragraph 57(1)(a) or a justification of why navigational safety zones are not needed.
Safety planThe safety plan must set out the procedures, practices and resources , as well as the sequence of key safety-related activities, that are necessary to safely carry on the authorized work or activities and must include the following information:a description of how the safety plan ensures that the obligations set out in these Regulations with regard to safety are met;a summary of the studies and a description of the processes used toidentify the safety hazards that may arise during the authorized work or activities, including any safety hazards that may arise due to activities taking place in the vicinity of the operations site, andassess the safety risks associated with the identified hazards;a description of the hazards identified under subparagraph (b)(i) and the results of the risk assessment under subparagraph (b)(ii);a description of the measures to be taken to anticipate, monitor, avoid and minimize the safety risks associated with the identified hazards, including, if hazards related to ice or icing are identified, measures for detecting, anticipating, monitoring and reporting those hazards, as well as measures for data collection and, if applicable, for ice avoidance or deflection;an evaluation of the anticipated effectiveness of the measures referred to in paragraph (d);a description of the methods to be used to communicate with persons who may be directly affected by the identified hazards regarding the existence of those hazards and the measures that will be taken to minimize the associated safety risks;a description of all the facilities, equipment and systems that are critical to safety and are to be used during the authorized work or activities and a summary of the procedures and policies to be put in place for their inspection, testing and maintenance;a detailed description of all support craft and other vessels, vehicles, aircraft or conveyances that are to be used;a description of the training required by the persons who will carry on the authorized work or activities and the experience, qualifications and competencies that they must possess;a description of the authorized work or activities that involve diving operations and the measures to be taken to ensure that those operations are carried out safely and in accordance with the prevailing industry standards and best practices that are appropriate for the water depth and type of diving involved;a description of the measures to be taken to monitor compliance with the safety plan and to evaluate performance in relation to the plan’s objectives, including data collection and analysis, inspections and auditing;a description of the organizational structure and the chain of command for ensuring that the authorized work or activities are carried on safely; anda description of the processes to be put in place to identify, evaluate and manage any changes related to the authorized work or activities that could affect safety.Service providersIf the operator contracts for the provision of services with respect to the authorized work or activities, the safety plan must also includea description of how the procurement process takes into consideration service providers’ past performance in relation to safety;a description of service providers’ roles and responsibilities with respect to safety;a description of the measures to be taken to oversee the work or activities of service providers and to ensure that service providers comply with the safety plan; anda description of how the operator and service providers will communicate with each other regarding any safety issues that may arise during the work or activities.
Environmental protection planThe environmental protection plan must set out the procedures, practices and resources to be put in place to manage environmental hazards and protect the environment and must include the following information:a description of how the environmental protection plan ensures that the obligations set out in these Regulations with regard to environmental protection are met;a summary of the studies and a description of the processes used toidentify the environmental hazards that may arise during the authorized work or activities, including any environmental hazards that may arise due to activities taking place in the vicinity of the operations site, andassess the environmental risks associated with the identified hazards;a description of the hazards identified under subparagraph (b)(i) and the results of the risk assessment under subparagraph (b)(ii);the measures to be taken to anticipate, monitor, avoid and minimize the environmental risks associated with the identified hazards;an evaluation of the anticipated effectiveness of the measures referred to in paragraph (d);a description of the methods to be used to communicate with persons who may be directly affected by the identified hazards regarding the existence of those hazards and the measures that will be taken to minimize the associated environmental risks;a description of all the facilities, equipment and systems that are critical to the protection of the environment and are to be used during the authorized work or activities and a summary of the procedures and policies to be put in place for their inspection, testing and maintenance;a description of the organizational structure and the chain of command for ensuring that the authorized work or activities are carried on in a manner that minimizes environmental hazards;a description of the procedure to be followed if an archaeological site or a burial ground is discovered during the authorized work or activities;a description of the measures to be taken to monitor compliance with the environmental protection plan and to evaluate performance in relation to the plan’s objectives, including data collection and analysis, inspections and auditing; anda description of the processes to be put in place to identify, evaluate and manage any changes related to the authorized work or activities that could affect the protection of the environment.Service providersIf the operator contracts for the provision of services with respect to the authorized work or activities, the environmental protection plan must also includea description of how the procurement process takes into consideration service providers’ past performance in relation to environmental protection;a description of service providers’ roles and responsibilities with respect to environmental protection;a description of the measures to be taken to oversee the work or activities of service providers and to ensure that service providers comply with the environmental protection plan; anda description of how the operator and service providers will communicate with each other regarding any environmental issues that may arise during the work or activities.
Emergency management planThe emergency management plan must set out the emergency response procedures referred to in subsection (2) and any other procedures, practices and resources that are necessary to effectively prepare for, manage and respond to an emergency and must include the following information:a description of how the emergency management plan ensures that the obligations set out in these Regulations with regard to emergency response are met;a description of the types of incidents, in relation to the authorized work or activities, that may require an emergency response, an assessment of the risks associated with each type of incident and a description of the planned emergency response for each type of incident;a description of the organizational structure and the chain of command for emergency response;a method for classifying incidents;a description of the incident management system to be used for emergency response;a description of the methods to be used to monitor, constantly and in real time, both the facilities used in the generation and transmission of electrical energy and the work or activities, including at night and during periods of poor visibility;the frequency and scope of the emergency response drills and exercises to be carried out to test and validate emergency response procedures and practices; anda description of the measures to be taken to ensure that first responders, the personnel of relevant medical facilities, organizations and agencies, and persons that are carrying on activities within or in the vicinity of an operations site are informed of, and provided with instructions and updates concerning,the location of the facilities that are to be used in the generation and transmission of electrical energy,the potential emergency situations that may arise in relation to those facilities, andthe procedures to be followed in case of an emergency.Emergency response proceduresThe emergency response procedures must cover the following subjects:emergency response for each type of incident identified under paragraph (1)(b), including the emergency equipment that is necessary and is to be made available for emergency response to each type of incident;the safe shutdown, in the event of an emergency, of facilities, equipment and systems to be used in the generation and transmission of electrical energy;evacuation plans for personnel carrying on work or activities in the offshore area, including, if applicable, evacuation plans for divers engaged in a dive;the notification, investigation and reporting of incidents under section 64;the protocols for communicating with the relevant federal, provincial and municipal authorities and Indigenous governing bodies during an emergency response; andcoordination and liaison with all relevant emergency response organizations during an emergency response.
Implementation of Plans and Other Requirements
ImplementationThe operator must ensure that there are sufficient financial and human resources to implement and continually improve the safety plan, environmental protection plan and emergency management plan.Accountable personThe operator must designate one of its employees as the accountable person for the safety plan, environmental protection plan and emergency management plan and ensure that the accountable person has the necessary authority for assigning financial and human resources to develop, implement and make ongoing improvements to those plans.Change — accountable personIf there is any change to the name, position or contact information of the accountable person that was submitted under paragraph 51(2)(a), the operator must provide updated information to the Regulator as soon as feasible.
Conduct of authorized work or activitiesThe operator must carry on all authorized work or activities in a manner that ensures safety, security and environmental protection bymeeting the requirements of the safety plan, environmental protection plan and emergency management plan and ensuring that all employees, suppliers, service providers and other persons involved in the authorized work or activities meet those requirements;monitoring the compliance of employees, suppliers, service providers and other persons involved in the authorized work or activities with all conditions of authorization;ensuring the safe and reliable operation of facilities, equipment and systems related to the offshore renewable energy project or offshore power line;taking all reasonable measures to minimize damage to property;taking all reasonable measures to minimize adverse effects for other persons in the offshore area;using the best available technologies for mitigating adverse effects on persons and the environment that are economically feasible to implement;complying with prevailing industry standards and best practices;taking all reasonable measures to prevent debris and to prevent or, if prevention is not possible, minimize the introduction into the environment of any substance or form of energy that is likely to have an adverse effect on the environment; andtaking all reasonable measures to minimize any adverse effects on persons and the environment when restoring the operations site after the decommissioning and abandonment of the facilities, equipment and systems.Equipment and systemsThe operator must ensure thatall equipment and systems that are used during the authorized work or activities are tested, inspected, maintained, operated and handled in such a way as to ensure safety, security and environmental protection, taking into consideration the manufacturer’s instructions and any applicable standards; andany defective components of the equipment or systems are promptly repaired or replaced, taking into consideration the manufacturer’s instructions and any applicable standards.Assignment of dutiesThe operator must ensure that persons who are assigned duties or who carry out authorized work or activitieshave the necessary experience, training, qualifications and competence to perform the duties or carry on the work or activities in accordance with these Regulations and in a manner that ensures safety, security and environmental protection; andare sufficient in number and receive the supervision that is necessary for them to perform the duties or carry on the work or activities in a manner that ensures safety, security and environmental protection.
Navigational safety zonesThe operator must take measures to protect facilities, equipment and systems at an operations site against collision with vessels, vehicles, aircraft and other conveyances operating in the vicinity of the facilities, equipment and systems from the time their construction begins until their decommissioning and abandonment is completed, including byestablishing the navigational safety zones referred to in paragraph 51(2)(e) that are approved by the Regulator; andensuring that the following information is made available to other persons in the offshore area and brought to the attention of the Canadian Coast Guard, the Department of Transport and the Canadian Hydrographic Service of the Department of Fisheries and Oceans:the location of the operations site and of the facilities, equipment and systems,the boundaries of the navigational safety zones, anda description of the risks associated with navigation in the vicinity of the facilities, equipment and systems.Boundaries of navigational safety zoneThe establishment of the boundaries of a navigational safety zone must be informed by the risk assessment referred to in paragraph 50(l) as it relates to the risks associated with navigation in the vicinity of the facilities, equipment or systems at the operations site, but the distance between the outer extremity of the facilities, equipment or systems and the perimeter of the safety zone must not exceed 500 m in any direction, except as permitted under paragraph 5 of Article 60 of Part V of the United Nations Convention on the Law of the Sea.Routing systems and measuresA navigational safety zone must not interfere with the use of established routing systems and routing measures related to navigational safety.
Design requirementsThe operator must ensure that all facilities, equipment and systems related to the offshore renewable energy project or offshore power line are designedin such a way as to ensure safety, security and environmental protection;using the best available technologies for minimizing adverse effects on persons, infrastructure and the environment that are economically feasible to implement; andin accordance with prevailing industry standards and best practices.Factors to be taken into accountThe design of the facilities, equipment and systems must take into account their intended use, their location and any site-specific physical and environmental conditions.Physical and environmental conditionsThe operator must ensure that every facility related to the offshore renewable energy project or offshore power line is designed to withstand or avoid all reasonably foreseeable site-specific physical and environmental conditions, including any reasonably foreseeable combination of those conditions, without its structural integrity or any associated equipment or systems that are critical to safety, security and environmental protection being compromised.
Rescue boatThe operator must ensure that a rescue boat is available and ready for use in the event of an emergency at all times when personnel are present in the offshore area for the purposes of carrying on authorized work or activities.
Requirements for vesselsThe operator must ensure that every vessel that is used to carry on authorized work or activities is suitable for the operations site at which it is used and for the nature of the work or activities.
Evacuation systems and equipmentIn determining the number of persons that any lifeboat, life raft or marine evacuation system can accommodate, the operator must take into consideration each person’s weight while the person is wearing an immersion suit, as well as the space they require while wearing such a suit.
Access to documents and informationThe operator must ensure that a copy of the following documents and information is readily accessible at each operations site when personnel are present and at all times at every associated control centre and emergency response operations centre:every authorization issued in respect of work or activities related to the offshore renewable energy project or offshore power line;all information and documents submitted to the Regulator to meet a condition of authorization, including the safety plan, environmental protection plan and emergency management plan, as well as supporting documentation; andall procedures and other documents that are necessary to carry on authorized work or activities in a manner that ensures safety, security and environmental protection.
Notification, Investigation, Reporting and Record-Keeping Requirements for Operators
ApplicationThis Part applies in respect of all offshore renewable energy projects and offshore power lines.
Notification of incidentsThe operator must notify the Regulator of any reportable incident as soon as the circumstances permit after the incident occurs.InvestigationThe operator must ensure that every reportable incident is investigated.Incident reportThe operator must, within 14 days after the day on which a reportable incident occurs, submit a report to the Regulator that includes the following information:a description of the reportable incident, where and when it occurred and who was involved;a description of the impact of the reportable incident on the facilities, equipment and systems related to the offshore renewable energy project or offshore power line, as well as on vessels, persons and the environment;the results of the investigation into the reportable incident, including details regarding the root cause of the reportable incident and causal and contributing factors;a description of any repairs undertaken to restore any damaged structures to their original design strength or to restore the functionality of any impacted equipment or systems;a description of the measures put in place to prevent the occurrence of similar reportable incidents;if emergency response procedures were implemented, a description ofany communications that occurred with the relevant federal, provincial and municipal authorities and Indigenous governing bodies, andany coordination and liaison with relevant emergency response organizations; andany other relevant information.
Periodic reportsThe operator must submit periodic reports to the Regulator summarizing the following in respect of the period that has elapsed since the day on which the authorization was issued in respect of the work or activities in question or the day after the last day included in the preceding periodic report, as the case may be:the work or activities performed;the status of the offshore renewable energy project or offshore power line, by reference to the execution plan referred to in paragraph 6(e) or 50(e), as the case may be;any deviations from or changes to the execution plan;any emergency response drills or exercises referred to in paragraph 11(1)(g) or 54(1)(g), as the case may be, that were carried out;any instances of non-conformity with these Regulations and the corrective actions taken; andany reportable incidents and any situations that had the potential to result in a reportable incident.Beginning of commercial productionThe periodic reports must also set out the planned date for the beginning of commercial production of renewable energy, if applicable.Frequency of submissionThe periodic reports must be submitted at the following frequency unless the Commission requires them to be submitted more frequently as a condition of authorization:in the case of an offshore renewable energy project or offshore power line to which Part 1 applies,monthly, in respect of authorized work or activities in relation to the construction or the decommissioning and abandonment of facilities, equipment and systems related to the project or power line, andannually, in respect of authorized work or activities in relation to site assessment or the operation and maintenance of facilities, equipment and systems relate to the project or power line; andin the case of an offshore renewable energy project or offshore power line to which Part 2 applies, annually.
Final reportThe operator must, within six months after the day on which all authorized work or activities related to the offshore renewable energy project or offshore power line are completed, submit to the Regulator a final report that includes the following information:a statement as to whether the work or activities were carried on as planned and as authorized;if the work or activities were not carried on as planned and as authorized, a description of the manner in which the carrying on of the work or activities deviated from what was planned and authorized; anda description of the state of the operations site as of the completion of all authorized work and activities.
Record keepingThe operator must keep, at the operator’s principal place of business in Canada, electronic records ofany documents and information submitted to the Regulator in support of an application for authorization;the results of the surveys and programs referred to in subparagraph 6(f)(i) or 50(f)(i), as the case may be, and, if applicable, the surveys referred to in paragraph 12(a);all documents and information submitted to the Regulator to meet a condition of an authorization; andall documents and information that demonstrate that the authorized work or activities were carried onin a manner that is in keeping with any information provided and any approach, methodology or technology proposed in an application in respect of the authorized work or activities, andin conformity with these Regulations.Disclosure of recordsThe operator must, on request, disclose the records to the Regulator in the form and manner specified by the Regulator.Duration of retentionThe records must be retained for five years after the day on which the decommissioning and abandonment of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line ends, or, if the project or power line is terminated before any construction takes place, for five years after the day on which the site assessment ends.
Coming into Force
RegistrationThese Regulations come into force on the day on which they are registered.