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

Marginal note:Independence and impartiality

• 46 (1) The 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 that

  • (a) a 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; and

  • (b) barriers and processes are in place to prevent real, potential or perceived conflicts of interest.

• Marginal note:Notification of conflict of interest

  (2) The 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.

Marginal note:Change of certifying authority

• 47 (1) If 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).

• Marginal note:Before issuance of certificate

  (2) If 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.

• Marginal note:After issuance of certificate

  (3) If 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).

• Marginal note:Implementation of transition plan

  (4) The operator must ensure that the transition plan is implemented.

• Marginal note:One certificate and one authority

  (5) There 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.

Marginal note:Annual report

48 Within 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 includes

• (a) an overview of the activities that it carried out during the calendar year in its capacity as certifying authority;

• (b) 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;

• (c) the name, position, contact information and qualifications of the persons that were involved in carrying out the activities referred to in subsection 40(3);

• (d) 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;

• (e) a detailed description of the inspections performed during the calendar year, including their scope and the methodology used, as well as the results;

• (f) 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.

PART 2Offshore Renewable Energy — Other Than Wind Energy

Application

Marginal note:Application

49 This 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

Marginal note:Contents

50 For 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:

• (a) the name and contact information of the authorized representative of the operator;

• (b) 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;

• (c) a description of the work or activities that are the subject of the application, including

  • (i) the objectives to be attained,

  • (ii) the scope of the proposed work or activities, and

  • (iii) maps or charts showing the preferred locations of all operations sites, as well as any other locations that are being considered;

• (d) 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;

• (e) 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;

• (f) if applicable, the results of

  • (i) relevant surveys and monitoring programs, including those in respect of previously authorized work or activities in relation to the project or power line, and

  • (ii) relevant analyses and assessments based on the data from such surveys and monitoring programs;

• (g) 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;

• (h) a description of the measures to be taken to conform with all applicable laws in relation to safety, security or environmental protection;

• (i) 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;

• (j) 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;

• (k) 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;

• (l) 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;

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

• (n) 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;

• (o) 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;

• (p) 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 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; and

• (q) the 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

Marginal note:Plans

• 51 (1) For 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 implement

  • (a) a safety plan that meets the requirements set out in section 52;

  • (b) an environmental protection plan that meets the requirements set out in section 53; and

  • (c) an emergency management plan that meets the requirements set out in section 54.

• Marginal note:Submission and approval

  (2) Every 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:

  • (a) the name, position and contact information of the accountable person designated under subsection 55(2);

  • (b) the safety plan;

  • (c) the environmental protection plan;

  • (d) the emergency management plan; and

  • (e) a 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.

Marginal note:Safety plan

• 52 (1) The 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) a description of how the safety plan ensures that the obligations set out in these Regulations with regard to safety are met;

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

    • (i) identify 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, and

    • (ii) assess the safety 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) 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;

  • (e) an evaluation of the anticipated effectiveness of the measures referred to in paragraph (d);

  • (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 safety risks;

  • (g) 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;

  • (h) a detailed description of all support craft and other vessels, vehicles, aircraft or conveyances that are to be used;

  • (i) 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;

  • (j) 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;

  • (k) 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;

  • (l) a description of the organizational structure and the chain of command for ensuring that the authorized work or activities are carried on safely; and

  • (m) 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 safety.

• Marginal note:Service providers

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

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

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

  • (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 safety plan; and

  • (d) a 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.

Marginal note:Environmental protection plan

• 53 (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 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);

  • (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.