Newfoundland Offshore Certificate of Fitness Regulations

4 (1) Subject to subsections (2), (6) and (8) and section 5, a certifying authority may issue a certificate of fitness in respect of a production installation to be operated at an production site if the certifying authority

• (a) determines that, in relation to the production site or region in which the production installation is to be operated, the production installation

  • (i) is designed, constructed, transported and installed or established in accordance with

    • (A) Parts I to III of the Newfoundland Offshore Petroleum Installations Regulations,

    • (B) the provisions of the Newfoundland Offshore Area Petroleum Production and Conservation Regulations listed in Part I of the schedule to these Regulations,

    • (C) the provisions of the Oil and Gas Occupational Safety and Health Regulations listed in Part II of the schedule to these Regulations,

    • (D) the provisions of the Newfoundland Offshore Petroleum Drilling Regulations listed in Part III of the schedule to these Regulations, where the installation includes a drilling rig, and

    • (E) the provisions of the Newfoundland Offshore Area Petroleum Diving Regulations listed in Part IV of the schedule to these Regulations, where the installation includes a dependent diving system,

  • (ii) is fit for the purpose for which it is to be used and can be operated safely without polluting the environment, and

  • (iii) will continue to meet the requirements of subparagraphs (i) and (ii) for the period of validity that is endorsed on the certificate of fitness if the installation is maintained in accordance with the inspection, maintenance and weight control programs submitted to and approved by the certifying authority pursuant to subsection (8); and

• (b) carries out the scope of work in respect of which the certificate of fitness is issued.

(2) A certificate of fitness may be issued pursuant to subsection (1) for the purposes of

• (a) paragraph 8(2)(c) of the Newfoundland Offshore Area Petroleum Production and Conservation Regulations;

• (b) paragraph 6(a.3) of the Newfoundland Offshore Petroleum Drilling Regulations, where the production installation includes a drilling rig; or

• (c) subsection 4(5) of the Newfoundland Offshore Area Petroleum Diving Regulations, where the production installation includes a dependent diving system.

(3) Subject to subsections (6) and (8) and section 5, a certifying authority may issue a certificate of fitness in respect of a drilling installation to be operated at a drill site for the purposes of paragraph 6(a.3) of the Newfoundland Offshore Petroleum Drilling Regulations or for the purposes of subsection 4(5) of the Newfoundland Offshore Area Petroleum Diving Regulations, where the drilling installation includes a dependent diving system, if the certifying authority

• (a) determines that, in relation to the drill site or region in which the drilling installation is to be operated, the drilling installation

  • (i) is designed, constructed, transported and installed or established in accordance with

    • (A) Parts I to III of the Newfoundland Offshore Petroleum Installations Regulations,

    • (B) the provisions of the Oil and Gas Occupational Safety and Health Regulations listed in Part II of the schedule to these Regulations,

    • (C) the provisions of the Newfoundland Offshore Petroleum Drilling Regulations listed in Part III of the schedule to these Regulations, and

    • (D) the provisions of the Newfoundland Offshore Area Petroleum Diving Regulations listed in Part IV of the schedule to these Regulations,

  • (ii) is fit for the purpose for which it is to be used and can be operated safely without polluting the environment, and

  • (iii) will continue to meet the requirements of subparagraphs (i) and (ii) for the period of validity that is endorsed on the certificate of fitness if the installation is maintained in accordance with the inspection, maintenance and weight control programs submitted to and approved by the certifying authority pursuant to subsection (8); and

• (b) carries out the scope of work in respect of which the certificate of fitness is issued.

(4) Subject to subsections (6) and (8) and section 5, a certifying authority may issue a certificate of fitness in respect of an accommodation installation to be operated at a production site or drill site for the purpose of paragraph 8(2)(c) of the Newfoundland Offshore Area Petroleum Production and Conservation Regulations or paragraph 6(a.3) of the Newfoundland Offshore Petroleum Drilling Regulations, and for the purposes of subsection 4(5) of the Newfoundland Offshore Area Petroleum Diving Regulations where the installation includes a dependent diving system, if the certifying authority

• (a) determines that, in relation to the production site, drill site or region in which the accommodation installation is to be operated, the accommodation installation

  • (i) is designed, constructed, transported and installed or established in accordance with

    • (A) Parts I to III of the Newfoundland Offshore Petroleum Installations Regulations,

    • (B) the provisions of the Oil and Gas Occupational Safety and Health Regulations listed in Part II of the schedule to these Regulations, and

    • (C) the provisions of the Newfoundland Offshore Area Petroleum Diving Regulations listed in Part IV of the schedule to these Regulations,

  • (ii) is fit for the purpose for which it is to be used and can be operated safely without polluting the environment, and

  • (iii) will continue to meet the requirements of subparagraphs (i) and (ii) for the period of validity that is endorsed on the certificate of fitness if the installation is maintained in accordance with the inspection, maintenance and weight control programs submitted to and approved by the certifying authority pursuant to subsection (8); and

• (b) carries out the scope of work in respect of which the certificate of fitness is issued.

(5) Subject to subsections (6) and (8) and section 5, a certifying authority may issue a certificate of fitness in respect of a diving installation for the purposes of subsection 4(5) of the Newfoundland Offshore Area Petroleum Diving Regulations, if the certifying authority

• (a) determines that, in relation to the drill site or region in which the diving installation is to be operated, the diving installation

  • (i) is designed, constructed, transported and installed or established in accordance with

    • (A) Parts I to III of the Newfoundland Offshore Petroleum Installations Regulations,

    • (B) the provisions of the Oil and Gas Occupational Safety and Health Regulations listed in Part II of the schedule to these Regulations, and

    • (C) the provisions of the Newfoundland Offshore Area Petroleum Diving Regulations listed in Part IV of the schedule to these Regulations,

  • (ii) is fit for the purpose for which is to be used and can be operated safely without polluting the environment, and

  • (iii) will continue to meet the requirements of subparagraphs (i) and (ii) for the period of validity that is endorsed on the certificate of fitness if the installation is maintained in accordance with the inspection, maintenance and weight control programs submitted to and approved by the certifying authority pursuant to subsection (8); and

• (b) carries out the scope of work in respect of which the certificate of fitness is issued.

(6) For the purposes of subparagraph (1)(a)(i), (3)(a)(i), (4)(a)(i) or (5)(a)(i), the certifying authority may substitute, for any equipment, methods, measure or standard required by any Regulations referred to in that subparagraph, equipment, methods, measures or standards the use of which is authorized by the Chief or Chief Conservation Officer, as applicable pursuant to section 151 of the Act.

(7) The certifying authority shall endorse on any certificate of fitness it issues details of every limitation on the operation of the installation that is necessary to ensure that the installation meets the requirements of paragraph (1)(a), (3)(a), (4)(a) or (5)(a).

(8) The certifying authority shall not issue a certificate of fitness unless, for the purpose of enabling the certifying authority to determine whether the installation meets the requirements of paragraph (1)(a), (3)(a), (4)(a) or (5)(a) and to carry out the scope of work referred to in paragraph (1)(b), (3)(b), (4)(b) or (5)(b),

• (a) the person applying for the certificate

  • (i) provides the certifying authority with all the information required by the certifying authority,

  • (ii) carries out or assists the certifying authority to carry out every inspection, test or survey required by the certifying authority, and

  • (iii) submits to the certifying authority an inspection and monitoring program, a maintenance program and a weight control program for approval; and

• (b) where the programs are adequate to ensure the continuing integrity of the installation, the certifying authority approves the programs referred to in subparagraph (a)(iii).