3. These Regulations apply in respect of those submarine areas within the offshore area.
ISSUANCE OF CERTIFICATES OF FITNESS
4. (1) The following installations are prescribed for the purposes of section 139.2 of the Act:
(a) each production installation, accommodation installation and diving installation at a production site; and
(b) each drilling installation, diving installation and accommodation installation at a drill site.
(2) Subject to subsections (3) and (5) and section 5, a certifying authority may issue a certificate of fitness in respect of the installations referred to in subsection (1), if the certifying authority
(a) determines that, in relation to the production or drill site or region in which the particular installation is to be operated, the installation
(i) is designed, constructed, transported and installed or established in accordance with
(A) Parts I to III of the Newfoundland Offshore Installations Petroleum Regulations,
(B) the provisions of the Oil and Gas Occupational Safety and Health Regulations listed in Part 1 of the schedule to these Regulations, and
(C) the provisions of the Newfoundland Offshore Area Petroleum Diving Regulations listed in Part 2 of the schedule to these Regulations, if 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 under subsection (5); and
(b) carries out the scope of work in respect of which the certificate of fitness is issued.
(3) For the purposes of subparagraph (2)(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 under section 151 of the Act.
(4) 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 (2)(a).
(5) 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 (2)(a) and to carry out the scope of work referred to in paragraph (2)(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) if the programs are adequate to ensure and maintain the integrity of the installation, the certifying authority approves the programs referred to in subparagraph (a)(iii).
- SOR/2009-316, s. 93.
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