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

Marginal note:Emergency management plan

• 54 (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 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 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 to be carried out to test and validate emergency response procedures and practices; and

  • (h) a description of the measures 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.

Implementation of Plans and Other Requirements

Marginal note:Implementation

• 55 (1) The operator must ensure that there are sufficient financial and human resources to implement and continually improve the 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 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 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 51(2)(a), the operator must provide updated information to the Regulator as soon as feasible.

Marginal note:Conduct of authorized work or activities

• 56 (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 safety plan, environmental protection plan and emergency management plan and ensuring that all employees, suppliers, service providers and other persons involved in the authorized work or activities meet those requirements;

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

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

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

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

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

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

  • (h) 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

  • (i) 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 out 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

• 57 (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 51(2)(e) 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 50(l) 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.

Marginal note:Design requirements

• 58 (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;

  • (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:Rescue boat

59 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

60 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

61 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:Access to documents and information

62 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.

PART 3Notification, Investigation, Reporting and Record-Keeping Requirements for Operators

Marginal note:Application

63 This Part applies in respect of all offshore renewable energy projects and offshore power lines.

Marginal note:Notification of incidents

• 64 (1) The operator must notify the Regulator of any reportable incident as soon as the circumstances permit after the incident occurs.

• Marginal note:Investigation

  (2) The operator must ensure that every reportable incident is investigated.

• Marginal note:Incident report

  (3) The operator must, within 14 days after the day on which a reportable incident occurs, submit a report to the Regulator that includes the following information:

  • (a) a description of the reportable incident, where and when it occurred and who was involved;

  • (b) a description of the impact of the reportable incident on the facilities, equipment and systems related to the offshore renewable energy project or offshore power line, as well as on vessels, persons and the environment;

  • (c) the results of the investigation into the reportable incident, including details regarding the root cause of the reportable incident and causal and contributing factors;

  • (d) a description of any repairs undertaken to restore any damaged structures to their original design strength or to restore the functionality of any impacted equipment or systems;

  • (e) a description of the measures put in place to prevent the occurrence of similar reportable incidents;

  • (f) if emergency response procedures were implemented, a description of

    • (i) any communications that occurred with the relevant federal, provincial and municipal authorities and Indigenous governing bodies, and

    • (ii) any coordination and liaison with relevant emergency response organizations; and

  • (g) any other relevant information.

Marginal note:Periodic reports

• 65 (1) The operator must submit periodic reports to the Regulator summarizing the following in respect of the period that has elapsed since the day on which the authorization was issued in respect of the work or activities in question or the day after the last day included in the preceding periodic report, as the case may be:

  • (a) the work or activities performed;

  • (b) the status of the offshore renewable energy project or offshore power line, by reference to the execution plan referred to in paragraph 6(e) or 50(e), as the case may be;

  • (c) any deviations from or changes to the execution plan;

  • (d) any emergency response drills or exercises referred to in paragraph 11(1)(g) or 54(1)(g), as the case may be, that were carried out;

  • (e) any instances of non-conformity with these Regulations and the corrective actions taken; and

  • (f) any reportable incidents and any situations that had the potential to result in a reportable incident.

• Marginal note:Beginning of commercial production

  (2) The periodic reports must also set out the planned date for the beginning of commercial production of renewable energy, if applicable.

• Marginal note:Frequency of submission

  (3) The periodic reports must be submitted at the following frequency unless the Commission requires them to be submitted more frequently as a condition of authorization:

  • (a) in the case of an offshore renewable energy project or offshore power line to which Part 1 applies,

    • (i) monthly, in respect of authorized work or activities in relation to the construction or the decommissioning and abandonment of facilities, equipment and systems related to the project or power line, and

    • (ii) annually, in respect of authorized work or activities in relation to site assessment or the operation and maintenance of facilities, equipment and systems relate to the project or power line; and

  • (b) in the case of an offshore renewable energy project or offshore power line to which Part 2 applies, annually.

Marginal note:Final report

66 The operator must, within six months after the day on which all authorized work or activities related to the offshore renewable energy project or offshore power line are completed, submit to the Regulator a final report that includes the following information:

• (a) a statement as to whether the work or activities were carried on as planned and as authorized;

• (b) if the work or activities were not carried on as planned and as authorized, a description of the manner in which the carrying on of the work or activities deviated from what was planned and authorized; and

• (c) a description of the state of the operations site as of the completion of all authorized work and activities.