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

Marginal note:Design requirements

• 29 (1) The operator must ensure that all facilities, equipment and systems related to the offshore renewable energy project or offshore power line are designed

  • (a) in 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;

  • (b) using the best available technologies for minimizing adverse effects on persons, infrastructure and the environment that are economically feasible to implement; and

  • (c) in accordance with prevailing industry standards and best practices.

• Marginal note:Factors to be taken into account

  (2) The design of the facilities, equipment and systems must take into account their intended use, their location and any site-specific physical and environmental conditions.

• Marginal note:Physical and environmental conditions

  (3) The 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.

Marginal note:Target levels

• 30 (1) The 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.

• Marginal note:Quantitative or qualitative assessment

  (2) The 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.

Marginal note:Critical software

• 31 (1) The operator must ensure that any software that is critical to safety, security or environmental protection is

  • (a) secure, reliable and capable of being updated;

  • (b) designed, commissioned and updated in a competent manner; and

  • (c) demonstrated to be fit for the purposes for which it is to be used through a testing and validation process that takes into consideration

    • (i) all foreseeable operating conditions and emergency situations, and

    • (ii) system complexity, the dependencies and interactions among systems, software failure modes and the level of risk associated with system failure or malfunction.

• Marginal note:Modifications to software features

  (2) The 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.

• Marginal note:Testing and validation

  (3) The modified software must not be used until it has been tested and validated in accordance with paragraph (1)(c).

Marginal note:Software-dependent control systems

32 If 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 that

• (a) the control systems are designed, installed, commissioned and maintained in such a way as to ensure their reliability, availability and security; and

• (b) measures are implemented and maintained to protect the control systems from any threat, including unauthorized access.

Marginal note:Rescue boat

33 The 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.

Marginal note:Requirements for vessels

34 The 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.

Marginal note:Evacuation systems and equipment

35 In 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.

Marginal note:Third-party assessment

36 The 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.

Marginal note:Landing area

• 37 (1) If 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.

• Marginal note:Specific requirements

  (2) The operator must ensure that the landing area

  • (a) does 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;

  • (b) is able to withstand all functional loads that may be imposed on it;

  • (c) has conspicuous markings and signage; and

  • (d) has adequate lighting, including for reduced visibility conditions.

• Marginal note:Specific requirements — landing and takeoff

  (3) The 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 with

  • (a) emergency response and firefighting equipment;

  • (b) a monitoring system and status light system;

  • (c) communication and meteorological equipment; and

  • (d) if the landing area is on a facility, fuel storage tanks.

Marginal note:Procedures and training program

• 38 (1) The operator must ensure that

  • (a) procedures with respect to the support of aircraft operations, including procedures for emergency response, are developed and implemented; and

  • (b) a training program is provided for personnel and passengers in respect of those procedures.

• Marginal note:Aircraft service provider

  (2) Before 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 to

  • (a) comply with all conditions stipulated by the operator with respect to the use of the equipment on any landing area;

  • (b) implement the procedures referred to in paragraph (1)(a); and

  • (c) ensure that all personnel and passengers follow the training program referred to in paragraph (1)(b).

Marginal note:Access to documents and information

39 The 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:

• (a) every authorization issued in respect of work or activities related to the offshore renewable energy project or offshore power line;

• (b) 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; and

• (c) all 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

Marginal note:Certifying authority

• 40 (1) The operator must engage the services of an organization to serve as a certifying authority.

• Marginal note:Approval by Regulator

  (2) The 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).

• Marginal note:Responsibilities of certifying authority

  (3) The certifying authority is responsible for

  • (a) conducting 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;

  • (b) 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;

  • (c) 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;

  • (d) 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;

  • (e) 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 with

    • (i) good engineering practices,

    • (ii) the fabrication and construction report referred to in paragraph 14(b), and

    • (iii) the authorization;

  • (f) 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;

  • (g) issuing a certificate of fitness in respect of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line;

  • (h) 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;

  • (i) 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; and

  • (j) verifying 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.

Marginal note:Operator’s obligations

41 The operator must ensure that

• (a) the 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; and

• (b) the certificate of fitness issued under subsection 44(1) remains valid for as long as the facilities, equipment and systems remain in operation.

Marginal note:Scope of work

42 The 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.

Marginal note:Performance of functions

43 In performing its functions, the certifying authority must

• (a) carry out the scope of work that was approved by the Regulator;

• (b) use good engineering judgment and practices; and

• (c) ensure 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.

Marginal note:Certificate of fitness

• 44 (1) The 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.

• Marginal note:Fitness for purpose

  (2) The 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.

• Marginal note:Limitations on operation

  (3) The 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.

• Marginal note:Copy provided to Regulator

  (4) The certifying authority must provide a copy of the certificate of fitness to the Regulator.

Marginal note:Inspection plans

• 45 (1) The 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.

• Marginal note:Review of operator’s records

  (2) The inspection plan must

  • (a) include 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; and

  • (b) be updated as needed to ensure that the facilities, equipment and systems are inspected in light of those changes.

• Marginal note:Scope and frequency of inspections

  (3) The 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.

• Marginal note:Changes to inspection plan

  (4) The certifying authority must, as soon as circumstances permit, inform the Regulator of any material changes to the inspection plan.