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

Marginal note:Facilities reliability report

• 17 (1) The facilities reliability report must describe

  • (a) the measures to be taken to ensure the reliability of the power system related to the offshore renewable energy project and associated offshore power lines;

  • (b) the impacts that the project and associated power lines will have on the bulk power system;

  • (c) 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; and

  • (d) the reliability standards to which the project and associated power lines will be subject during operation.

• Marginal note:Additional requirement

  (2) The 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.

Marginal note:Additional conditions — operation and maintenance

18 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 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) a description of the finalized version of an integrity management program that meets the requirements set out in section 19;

• (b) 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);

• (c) any updates to the information provided under paragraph 13(j);

• (d) 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;

• (e) the certificate of fitness issued under subsection 44(1) in respect of the facilities, equipment and systems; 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 operation and maintenance.

Marginal note:Integrity management program

• 19 (1) The integrity management program must be aimed at ensuring that all facilities, equipment and systems related to the offshore renewable energy project or offshore power line

  • (a) meet the requirements of all applicable laws in respect of the design of such facilities, equipment and systems;

  • (b) 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; and

  • (c) 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.

• Marginal note:Risk assessment

  (2) The 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.

• Marginal note:Monitoring, inspection and testing

  (3) The 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 include

  • (a) the 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;

  • (b) 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;

  • (c) a description of the incidents, including natural events and accidents, that will trigger an inspection; and

  • (d) the scope of the inspection to be conducted after an incident occurs.

• Marginal note:Additional requirement

  (4) The finalized version of the integrity management program must also include the certification statement referred to in paragraph 40(3)(c).

• Marginal note:Documentation of results

  (5) The operator must document the results of the monitoring, inspection and testing carried out for the purposes of the integrity management program.

Decommissioning and Abandonment

Marginal note:Application — additional contents

20 For 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) 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;

• (b) the results of an assessment of the condition of any facilities, equipment or systems that are to be decommissioned and abandoned;

• (c) 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;

• (d) 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;

• (e) an environmental and socio-economic assessment in respect of the work or activities that are the subject of the application;

• (f) 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;

• (g) a description of the methods to be used to restore the operations site after the decommissioning and abandonment of the facilities, equipment and systems; and

• (h) 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 — decommissioning and abandonment

21 For 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) a detailed finalized decommissioning and abandonment plan in respect of the facilities, equipment and systems that meets the requirements set out in section 22; and

• (b) 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.

Marginal note:Decommissioning and abandonment plan

22 The decommissioning and abandonment plan must include the following information:

• (a) 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;

• (b) 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;

• (c) a description of the potential effects that the decommissioning and abandonment will have on the environment and on other users of the operations site; and

• (d) the methods to be used to restore the operations site after the decommissioning and abandonment.

General Requirements for Operators

Management System and Associated Plans

Marginal note:Implementation

• 23 (1) The 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.

• Marginal note:Updates

  (2) The 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.

Marginal note:Financial and human resources

• 24 (1) The 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.

• Marginal note:Accountable person

  (2) The 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.

• Marginal note:Change — accountable person

  (3) If 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

Marginal note:Integrity management program

• 25 (1) The 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.

• Marginal note:Updates

  (2) The operator must ensure that the integrity management program is updated periodically so that it continues to meet the requirements set out in section 19.

Marginal note:Quality assurance program

• 26 (1) The 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.

• Marginal note:Requirements

  (2) The 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.

• Marginal note:Conformity with recognized standard

  (3) The quality assurance program must be in conformity with a recognized Canadian or international standard for quality management.

• Marginal note:Implementation

  (4) The 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.

• Marginal note:Updates

  (5) The operator must ensure that the quality assurance program is updated periodically.

Other Requirements

Marginal note:Carrying on of authorized work or activities

• 27 (1) The operator must carry on all authorized work or activities in a manner that ensures safety, security and environmental protection by

  • (a) meeting 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;

  • (b) 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;

  • (c) monitoring the compliance of employees, suppliers, service providers and other persons involved in the authorized work or activities with all conditions of authorization;

  • (d) ensuring the safe and reliable operation of facilities, equipment and systems related to the offshore renewable energy project or offshore power line;

  • (e) taking all reasonable measures to minimize damage to property;

  • (f) taking all reasonable measures to minimize adverse effects for other persons in the offshore area;

  • (g) using the best available technologies for mitigating adverse effects on persons and the environment that are economically feasible to implement;

  • (h) complying with prevailing industry standards and best practices;

  • (i) 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; and

  • (j) taking 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.

• Marginal note:Equipment and systems

  (2) The operator must ensure that

  • (a) all 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; and

  • (b) any defective components of the equipment or systems are promptly repaired or replaced, taking into consideration the manufacturer’s instructions and any applicable standards.

• Marginal note:Assignment of duties

  (3) The operator must ensure that persons who are assigned duties or who carry on authorized work or activities

  • (a) have 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; and

  • (b) are 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.

Marginal note:Navigational safety zones

• 28 (1) The 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 by

  • (a) establishing 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; and

  • (b) ensuring 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:

    • (i) the location of the operations site and of the facilities, equipment and systems,

    • (ii) the boundaries of the navigational safety zones, and

    • (iii) a description of the risks associated with navigation in the vicinity of the facilities, equipment and systems.

• Marginal note:Boundaries of navigational safety zone

  (2) The 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.

• Marginal note:Routing systems and measures

  (3) A navigational safety zone must not interfere with the use of established routing systems and routing measures related to navigational safety.