Canada–Newfoundland and Labrador Offshore Area Petroleum Operations Framework Regulations (SOR/2024-25)

Marginal note:Period of validity

• 32 (1) A certificate of fitness is valid for five years from the day on which it is issued if the certifying authority determines that the requirements referred to in paragraph 28(1)(b) will be met for a period of at least five years from that day.

• Marginal note:Less than five years

  (2) If the certifying authority determines that the requirements referred to in paragraph 28(1)(b) can be met only for a period that is less than five years, the certificate of fitness is valid for the corresponding lesser period.

• Marginal note:Expiry date

  (3) The certifying authority must indicate on the certificate of fitness its expiry date.

• Marginal note:Extension of period of validity

  (4) The certifying authority may, on request of the holder of a certificate of fitness, extend the period of validity of the certificate of fitness for a period of up to three months, subject to the approval of the Chief Safety Officer.

• Marginal note:Approval by Chief Safety Officer

  (5) The Chief Safety Officer must approve the extension of the period of validity of the certificate of fitness if the extension does not compromise safety or the protection of the environment.

Marginal note:Applicable site or region

• 33 (1) A certifying authority must indicate on a certificate of fitness the site or region where the installation is to be operated.

• Marginal note:Validity

  (2) A certificate of fitness is valid for the operation of the installation at the site or in the region that is indicated on the certificate of fitness.

Marginal note:Revalidation — scope of work

• 34 (1) The certifying authority must revalidate the scope of work against the criteria referred to in subsection 31(3) and make any modifications that are necessary

  • (a) before renewing a certificate of fitness; and

  • (b) if new circumstances such as the following arise that have or could have a significant impact on the scope of work:

    • (i) these Regulations or the Canada–Newfoundland and Labrador Offshore Area Occupational Health and Safety Regulations are amended,

    • (ii) new information regarding a major accidental event that occurred in any place is disclosed,

    • (iii) amendments are made to any of the standards on which the certification was based, or

    • (iv) the installation has transitioned from one life cycle phase to another.

• Marginal note:Revalidation approval

  (2) The revalidated scope of work must be submitted to the Chief Safety Officer for approval under subsection 31(3).

Marginal note:Renewal of certificate

35 The certifying authority must renew the certificate of fitness in relation to an installation before or on its expiry date if

• (a) the certifying authority determines that the requirements referred to in paragraph 28(1)(b) have been met;

• (b) the certifying authority has carried out the activities referred to in subparagraph 31(2)(a)(iii); and

• (c) the certifying authority has revalidated the scope of work and it has been approved by the Chief Safety Officer.

Marginal note:Invalidity

• 36 (1) Subject to subsections (2) and (3), a certificate of fitness ceases to be valid if

  • (a) the certifying authority or the Chief Safety Officer determines that

    • (i) any of the information provided under subparagraph 28(1)(a)(i) on the basis of which the certificate of fitness was issued is incorrect,

    • (ii) any of the requirements referred to in paragraph 28(1)(b) are no longer being met, or

    • (iii) any limitation set out in the certificate of fitness under subsection 28(3) has not been respected; or

  • (b) the Chief Safety Officer determines that the certifying authority has failed to carry out the scope of work relating to the installation in respect of which the certificate of fitness was issued.

• Marginal note:Notice in writing

  (2) At least 30 days before a determination referred to in subsection (1) is made, notice of the impending determination must be given in writing

  • (a) in the case of a determination to be made by the certifying authority, by the certifying authority to the Chief Safety Officer and to the holder of the certificate of fitness; and

  • (b) in the case of a determination to be made by the Chief Safety Officer, by the Chief Safety Officer to the certifying authority and to the holder of the certificate of fitness.

• Marginal note:Consideration of information

  (3) Before making a determination referred to in subsection (1), the certifying authority or the Chief Safety Officer, as the case may be, must consider any information in relation to that determination that is submitted by any person notified under subsection (2).

Marginal note:Change of certifying authority

• 37 (1) If the person that applies for a certificate of fitness decides to change the certifying authority in relation to an installation before the initial certificate of fitness is issued, the new certifying authority must undertake its own independent verification activities for the purpose of issuing the certificate of fitness.

• Marginal note:After issuance of certificate

  (2) If the holder of a certificate of fitness decides to change the certifying authority in relation to an installation, the holder must

  • (a) notify the Chief Safety Officer as soon as the circumstances permit;

  • (b) develop and submit to the Chief Safety Officer a transition plan outlining all of the activities to be carried out before transitioning from the outgoing to the incoming certifying authority and demonstrating that there will not be any gaps or delays in the carrying out of verification activities or any negative effects on the extent and quality of those activities as a result of the transition from one certifying authority to another; and

  • (c) ensure that the incoming certifying authority has submitted for approval to the Chief Safety Officer, in accordance with section 31, a new scope of work before commencing transition activities.

• Marginal note:Transition plan implementation

  (3) The holder of a certificate of fitness must ensure that the transition plan referred to in paragraph (2)(b) is implemented.

• Marginal note:One certificate — one authority

  (4) There must be no more than one certificate of fitness and certifying authority in relation to an installation at any given time.

Certifying Authority

Marginal note:Organizational structure

38 A certifying authority must, without delay, notify the Board, the Federal Minister and the Provincial Minister of any changes to its organizational structure, including amalgamations and legal name changes.

Marginal note:Reports and information

• 39 (1) A certifying authority must submit to the Board, the Federal Minister and the Provincial Minister, not later than March 31 of each year, an annual report that contains

  • (a) a summary of the certification activities the certifying authority carried out during the previous calendar year as a certifying authority under the Act; and

  • (b) proof of its technical capabilities and experience as a certifying authority.

• Marginal note:Monthly reports

  (2) The certifying authority must submit a monthly report to the Board that describes the certification activities it carried out during the previous month as a certifying authority under the Act.

• Marginal note:Information and documents to Board

  (3) On the Board’s request, the certifying authority must submit to the Board any information obtained or documents generated in the course of carrying out its certification and verification activities.

• Marginal note:Record retention

  (4) The certifying authority must retain records, including technical drawings, for any activity carried out during its certification or verification activities in respect of an installation until the day that is seven years after the day on which the last certificate of fitness issued for that installation expires.

PART 6General Requirements for Authorized Works and Activities

General

Marginal note:Installation manager

40 For the purposes of section 193.2 of the Act, every installation is a prescribed installation.

Marginal note:Safety and protection of environment

41 An operator must take all measures necessary to ensure safety and the protection of the environment during any authorized work or activity, including measures to ensure that

• (a) the safety of persons at an operations site or on a support craft has priority, at all times, over any work or activity at the operations site or on the support craft;

• (b) safe work methods are adopted;

• (c) differences in language or other barriers to effective communication do not jeopardize safety or the protection of the environment;

• (d) if there is a loss of well control, all other wells at the same installation are shut in until the well that is out of control is secured;

• (e) any equipment that is necessary for safety and the protection of the environment is available and in a condition to perform as intended at all times;

• (f) fires can be controlled and extinguished and any related hazard to safety or the environment is minimized;

• (g) the administrative and logistical support that is provided for any work or activity includes accommodation and transportation and storage and repair facilities that are fit for the purposes for which they are to be used;

• (h) every operations site is equipped with a communication system that meets the requirements set out in subsection 129(1);

• (i) any operating procedure that creates a hazard to safety or the environment is corrected; and

• (j) all affected persons are informed of any correction made under paragraph (i).

Marginal note:Physical and environmental conditions

42 An operator must ensure that

• (a) physical and environmental conditions, including sea states and ice movements, are observed and forecasts of those conditions are obtained;

• (b) the observations and forecasts are recorded each day, as well as each time there are substantial differences between the observations and the forecasts; and

• (c) the records are maintained at the operations site.

Marginal note:Location of infrastructure or equipment

43 An operator must keep data or information that accurately describes the location of any infrastructure or equipment at an operations site that is on or attached to the seabed, including any abandoned installation or part of it.

Marginal note:Accessibility, storage and handling of consumables

44 An operator must ensure that explosives, fuel, spill-treating agents, spill containment products, drilling, completion and well stimulation fluids and cement, as well as chemicals and other consumables that are necessary for safe operations, are

• (a) readily accessible and stored in quantities that are sufficient for normal conditions and any emergency situation; and

• (b) stored and handled in a manner that does not create a hazard to safety or the environment, including any hazard that could result from their deterioration.

Marginal note:Storage and handling of chemical substances

45 An operator must ensure that all chemical substances present at an operations site, including process fluids, fuel, lubricants, waste material, drilling fluids and drill cuttings, are stored and handled in a manner that does not create a hazard to safety or the environment.

Marginal note:Misuse of equipment

46 It is prohibited for any person to tamper with, activate without cause or otherwise misuse equipment that is necessary for safety or the protection of the environment.

Marginal note:Cessation of work or activity

• 47 (1) An operator must ensure that any work or activity ceases without delay if it

  • (a) endangers or is likely to endanger the safety of any other work or activity;

  • (b) endangers or is likely to endanger the safety or integrity of any operations site or well; or

  • (c) causes or is likely to cause pollution.

• Marginal note:Condition for resumption

  (2) The operator must ensure that the work or activity does not resume until it can be done safely and without causing pollution.

Document Availability

Marginal note:Copy of authorization and approvals

• 48 (1) The operator must ensure that a copy of the authorization and all related approvals that are required under these Regulations or Part III of the Act is displayed in a conspicuous location at every operations site.

• Marginal note:Additional copy and plans

  (2) An operator must keep an additional copy of the authorization and approvals, as well as all plans that are required under these Regulations or Part III of the Act, at every operations site and must ensure that they are readily accessible for consultation or examination.

Marginal note:Emergency response procedures and other documentation

49 An operator must ensure that a copy of the most current version of the emergency response procedures and any documentation that is necessary to carry out an authorized work or activity and to operate and maintain an installation or pipeline is

• (a) readily accessible at all times at every operations site and emergency response operations centre; and

• (b) usable under all foreseeable circumstances at each location referred to in paragraph (a).

Plans

Marginal note:Implementation

• 50 (1) An operator must ensure that the safety plan referred to in section 9, the environmental protection plan referred to in section 10 and the resource management plan referred to in section 25 are implemented at the commencement of any work or activity and that the contingency plan referred to in section 11 is implemented as soon as an accidental event occurs or appears imminent.

• Marginal note:Periodic updates

  (2) The operator must ensure that the safety plan, environmental protection plan, resource management plan and contingency plan are periodically updated; however, the descriptions of installations, vessels, systems and equipment that are included in the safety plan and the environmental protection plan as required by paragraphs 9(2)(c) and 10(2)(c), respectively, must be updated as soon as the circumstances permit after the modification, replacement or addition of any major component.

PART 7Geoscientific Programs, Geotechnical Programs and Environmental Programs

Equipment, Materials and Property

Marginal note:Measures

51 An operator must ensure that

• (a) all equipment and materials that are necessary to conduct a geoscientific program, geotechnical program or environmental program are handled, installed, inspected, tested, maintained and operated in a manner that takes into account the manufacturer’s instructions and industry standards and best practices; and

• (b) if any of the equipment, its components or the materials are defective, they are, without delay, repaired or replaced in accordance with the manufacturer’s recommendations.