Canada Offshore Renewable Energy Regulations (SOR/2024-272)

Marginal note:Environmental protection plan

• 10 (1) The 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) a description of how the environmental protection plan

    • (i) integrates and reflects the processes and principles included in the management system that relate to environmental protection, and

    • (ii) ensures that the obligations set out in these Regulations with regard to environmental protection are met;

  • (b) a summary of the studies and a description of the processes used to

    • (i) identify 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, and

    • (ii) assess the environmental risks associated with the identified hazards;

  • (c) a description of the hazards identified under subparagraph (b)(i) and the results of the risk assessment under subparagraph (b)(ii);

  • (d) the measures to be taken to anticipate, monitor, avoid and minimize the environmental risks associated with the identified hazards;

  • (e) 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;

  • (f) 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;

  • (g) 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;

  • (h) 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;

  • (i) a description of the procedure to be followed if an archaeological site or a burial ground is discovered during the authorized work or activities;

  • (j) 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; and

  • (k) a 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.

• Marginal note:Service providers

  (2) If the operator contracts for the provision of services with respect to the authorized work or activities, the environmental protection plan must also include

  • (a) a description of how the procurement process takes into consideration service providers’ past performance in relation to environmental protection;

  • (b) a description of service providers’ roles and responsibilities with respect to environmental protection;

  • (c) 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; and

  • (d) a 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.

Marginal note:Emergency management plan

• 11 (1) The 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) a description of how the emergency management plan

    • (i) integrates and reflects the processes and principles included in the management system that relate to emergency response, and

    • (ii) ensures that the obligations set out in these Regulations with regard to emergency response are met;

  • (b) 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;

  • (c) a description of the organizational structure and the chain of command for emergency response;

  • (d) a method for classifying incidents;

  • (e) a description of the incident management system to be used for emergency response;

  • (f) 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;

  • (g) 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; and

  • (h) a 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,

    • (i) the location of the facilities that are to be used in the generation and transmission of electrical energy,

    • (ii) the potential emergency situations that may arise in relation to those facilities, and

    • (iii) the procedures to be followed in case of an emergency.

• Marginal note:Emergency response procedures

  (2) The emergency response procedures must cover the following subjects:

  • (a) 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;

  • (b) 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;

  • (c) evacuation plans for personnel carrying on work or activities in the offshore area, including, if applicable, evacuation plans for divers engaged in a dive;

  • (d) the notification, investigation and reporting of incidents under section 64;

  • (e) the protocols for communicating with the relevant federal, provincial and municipal authorities and Indigenous governing bodies during an emergency response; and

  • (f) coordination and liaison with all relevant emergency response organizations during an emergency response.

Site Assessment

Marginal note:Application — additional contents

12 For 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) 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;

• (b) 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;

• (c) 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;

• (d) an environmental and socio-economic assessment in respect of the proposed work or activities; and

• (e) 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.

Construction, Operation and Maintenance

Marginal note:Application — additional contents

13 For 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) 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;

• (b) 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 show

  • (i) if 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,

  • (ii) the preferred route for the power line, as well as any other routes that are being considered,

  • (iii) constraints and hazards that restrict the preferred locations referred to in subparagraph (i) or the preferred route referred to in subparagraph (ii), and

  • (iv) the width of the proposed corridor for the power line, accompanied by the reasons for the selected width;

• (c) 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;

• (d) 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;

• (e) 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;

• (f) 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;

• (g) 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;

• (h) 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);

• (i) an overview of the anticipated decommissioning and abandonment plan that will be submitted under paragraph 21(a); and

• (j) 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.

Marginal note:Additional conditions — construction

14 For 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) a facility design report that meets the requirements of section 15;

• (b) a fabrication and construction report that meets the requirements of section 16;

• (c) a facilities reliability report that meets the requirements of section 17;

• (d) a description of a preliminary version of the integrity management program that will be submitted under paragraph 18(a);

• (e) 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; and

• (f) the plan referred to in section 45, prepared by the certifying authority, for the periodic inspection of the facilities, equipment and systems during their construction.

Marginal note:Facility design report

• 15 (1) The 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, including

  • (a) a summary of the engineering design criteria and data;

  • (b) a summary of the physical and environmental data used in analyzing the design of the facilities, equipment and systems;

  • (c) front, side and plan view technical drawings of the facilities;

  • (d) 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;

  • (e) a complete set of structural drawings to be used for the fabrication and construction of the facilities, equipment and systems;

  • (f) the target levels of safety, security and environmental protection referred to in section 30;

  • (g) a copy of the studies used in designing the facilities, equipment and systems and planning their installation;

  • (h) a description of the loads that will be imposed on the facilities;

  • (i) detailed information on

    • (i) the structural integrity of facilities, and

    • (ii) the stability and motion response characteristics of any floating infrastructure;

  • (j) 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;

  • (k) 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;

  • (l) 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; and

  • (m) an indication of the anticipated design life of the facilities, equipment and systems, as well as that of their significant components.

• Marginal note:Additional requirements

  (2) The facility design report must also

  • (a) demonstrate that the design conforms with all applicable laws and the conditions of the authorization;

  • (b) 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; and

  • (c) include the certification statement referred to in paragraph 40(3)(a).

Marginal note:Fabrication and construction report

• 16 (1) The 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, including

  • (a) a schedule for the authorized work or activities related to the fabrication and construction of the facilities, equipment and systems;

  • (b) 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;

  • (c) 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; and

  • (d) information concerning the methods and vessels to be used to bury or otherwise protect cables or pipelines, if applicable.

• Marginal note:Additional requirements

  (2) The fabrication and construction report must also

  • (a) demonstrate that the fabrication and construction will conform with

    • (i) all applicable laws,

    • (ii) the conditions of the authorization,

    • (iii) the design set out in the facility design report, and

    • (iv) prevailing industry standards and best practices;

  • (b) 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; and

  • (c) include the certification statement referred to in paragraph 40(3)(b).