CANADA-NEWFOUNDLAND ATLANTIC ACCORD IMPLEMENTATION ACT
Newfoundland Offshore Petroleum Drilling and Production Regulations
P.C. 2009-1891 2009-11-26
Whereas, pursuant to subsection 150(1) of the Canada-Newfoundland Atlantic Accord Implementation ActFootnote a, a copy of the proposed Newfoundland Offshore Petroleum Drilling and Production Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I on April 18, 2009 and interested persons were given an opportunity to make representations to the Minister of Natural Resources with respect to the proposed Regulations;
Return to footnote aS.C. 1987, c. 3.
And whereas, pursuant to section 7 of that Act, the Minister of Natural Resources has consulted the Provincial Minister with respect to the proposed Regulations and the latter has given his approval for the making of those Regulations.
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to subsection 149(1)Footnote b of the Canada-Newfoundland Atlantic Accord Implementation ActFootnote a, hereby makes the annexed Newfoundland Offshore Petroleum Drilling and Production Regulations.
Return to footnote bS.C. 1992, c. 35, s. 63
1 (1) The following definitions apply in these Regulations.
abandoned, in relation to a well, means a well or part of a well that has been permanently plugged. (abandonné)
Act means the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act. (Loi)
- artificial island
artificial island means a humanly constructed island to provide a site for the exploration and drilling, or the production, storage, transportation, distribution, measurement, processing or handling, of petroleum. (île artificielle)
authorization means an authorization issued by the Board under paragraph 138(1)(b) of the Act. (autorisation)
barrier means any fluid, plug or seal that prevents petroleum or any other fluid from flowing unintentionally from a well or from a formation into another formation. (barrière)
- casing liner
casing liner means a casing that is suspended from a string of casing previously installed in a well and does not extend to the wellhead. (tubage partiel)
- commingled production
commingled production means production of petroleum from more than one pool or zone through a common well-bore or flow line without separate measurement of the production from each pool or zone. (production mélangée)
completed, in relation to a well, means a well that is prepared for production or injection operations. (complété)
- completion interval
completion interval means a section within a well that is prepared to permit the
(a) production of fluids from the well;
(b) observation of the performance of a reservoir; or
(c) injection of fluids into the well. (intervalle de complétion)
- conductor casing
conductor casing means the casing that is installed in a well to facilitate drilling of the hole for the surface casing. (tubage initial)
- drilling program
drilling program means the program for the drilling of one or more wells within a specified area and time using one or more drilling installations and includes any work or activity related to the program. (programme de forage)
- environmental protection plan
environmental protection plan means the environmental protection plan submitted to the Board under section 6. (plan de protection de l’environnement)
- flow allocation procedure
flow allocation procedure means the procedure to
(a) allocate total measured quantities of petroleum and water produced from or injected into a pool or zone back to individual wells in a pool or zone where individual well production or injection is not measured separately; and
(b) allocate production to fields that are using a common storage or processing facility. (méthode de répartition du débit)
- flow calculation procedure
flow calculation procedure means the procedure to be used to convert raw meter output to a measured quantity of petroleum or water. (méthode de calcul du débit)
- flow system
flow system means the flow meters, auxiliary equipment attached to the flow meters, fluid sampling devices, production test equipment, the master meter and meter prover used to measure and record the rate and volumes at which fluids are
(a) produced from or injected into a pool;
(b) used as a fuel;
(c) used for artificial lift; or
(d) flared or transferred from a production installation. (système d’écoulement)
fluid means gas, liquid or a combination of the two. (fluide)
- formation flow test
formation flow test means an operation
(a) to induce the flow of formation fluids to the surface of a well to procure reservoir fluid samples and determine reservoir flow characteristics; or
(b) to inject fluids into a formation to evaluate injectivity. (essai d’écoulement de formation)
(a) any event that causes
(i) a lost or restricted workday injury,
(iii) fire or explosion,
(iv) a loss of containment of any fluid from a well,
(v) an imminent threat to the safety of a person, installation or support craft, or
(b) any event that results in a missing person; or
(c) any event that causes
(i) the impairment of any structure, facility, equipment or system critical to the safety of persons, an installation or support craft, or
(ii) the impairment of any structure, facility, equipment or system critical to environmental protection. (incident)
- lost or restricted workday injury
lost or restricted workday injury means an injury that prevents an employee from reporting for work or from effectively performing all the duties connected with the employee’s regular work on any day subsequent to the day on which the injury occurred whether or not that subsequent day is a working day for that employee. (blessure entraînant une perte de temps de travail)
- minor injury
minor injury means an employment injury for which medical treatment or first aid is provided and excludes a lost or restricted workday injury. (blessure sans gravité)
- multi-pool well
multi-pool well means a well that is completed in more than one pool. (puits à gisements multiples)
- natural environment
natural environment means the physical and biological environment. (milieu naturel)
near-miss means an event that would likely cause an event set out in paragraph (a) of the definition of incident, but does not due to particular circumstances. (quasi-incident)
operator means a person that holds an operating licence under paragraph 138(1)(a) of the Act and an authorization. (exploitant)
- physical environmental conditions
physical environmental conditions means the meteorological, oceanographic and related physical conditions, including ice conditions, that might affect a work or activity that is subject to an authorization. (conditions environnementales)
pollution means the introduction into the natural environment of any substance or form of energy outside the limits applicable to the activity that is subject to an authorization, including spills. (pollution)
- production control system
production control system means the system provided to control the operation of, and monitor the status of, equipment for the production of petroleum, and includes the installation and workover control system. (système de contrôle de la production)
- production project
production project means an undertaking for the purpose of developing a production site on, or producing petroleum from, a pool or field, and includes any work or activity related to the undertaking. (projet de production)
- proration test
proration test means, in respect of a development well to which a development plan applies, a test conducted to measure the rates at which fluids are produced from the well for allocation purposes. (essai au prorata)
recovery means the recovery of petroleum under reasonably foreseeable economic and operational conditions. (récupération)
- relief well
relief well means a well drilled to assist in controlling a blow-out in an existing well. (puits de secours)
- rig release date
rig release date means the date on which a rig last conducted well operations. (date de libération de l’appareil de forage)
- safety plan
safety plan means the safety plan submitted to the Board under section 6. (plan de sécurité)
seafloor means the surface of all that portion of land under the sea. (fond marin)
- slick line
slick line means a single steel cable used to run tools in a well. (câble lisse)
- support craft
support craft means a vessel, vehicle, aircraft, standby vessel or other craft used to provide transportation for or assistance to persons on the site where a work or activity is conducted. (véhicule de service)
- surface casing
surface casing means the casing that is installed in a well to a sufficient depth, in a competent formation, to establish well control for the continuation of the drilling operations. (tubage de surface)
suspended, in relation to a well or part of a well, means a well or part of a well in which drilling or production operations have temporarily ceased. (suspension de l’exploitation)
termination means the abandonment, completion or suspension of a well’s operations. (cessation)
- waste material
waste material means any garbage, refuse, sewage or waste well fluids or any other useless material that is generated during drilling, well or production operations, including used or surplus drilling fluid and drill cuttings and produced water. (déchets)
- well approval
well approval means the approval granted by the Board under section 13. (approbation relative à un puits)
well-bore means the hole drilled by a bit in order to make a well. (trou de sonde)
- well control
well control means the control of the movement of fluids into or from a well. (contrôle d’un puits)
- well operation
well operation means the operation of drilling, completion, recompletion, intervention, re-entry, workover, suspension or abandonment of a well. (travaux relatifs à un puits)
- wire line
wire line means a line that contains a conductor wire and that is used to run survey instruments or other tools in a well. (câble)
workover means an operation on a completed well that requires removal of the Christmas tree or the tubing. (reconditionnement)
zone means any stratum or any sequence of strata and includes, for the purposes of the definition commingled production, section 7, subsection 61(2), sections 64 to 66 and 74, subsection 83(2) and section 86, a zone that has been designated as such by the Board under section 4. (couche)
(2) In these Regulations, delineation well, development well and exploratory well have the same meaning as in subsection 119(1) of the Act.
(3) In these Regulations, drilling installation, drilling rig, drilling unit, drill site, installation, production installation, production operation, production site and subsea production system have the same meaning as in subsection 2(1) of the Newfoundland Offshore Petroleum Installations Regulations.
(4) The following definitions apply for the purposes of paragraph 138(4)(c) of the Act:
- production facility
production facility means equipment for the production of petroleum located at a production site, including separation, treating and processing facilities, equipment and facilities used in support of production operations, landing areas, heliports, storage areas or tanks and dependent personnel accommodations, but not including any associated platform, artificial island, subsea production system, drilling equipment or diving system. (matériel de production)
- production platform
production platform means a production facility and any associated platform, artificial island, subsea production system, offshore loading system, drilling equipment, facilities related to marine activities and dependent diving system. (plate-forme de production)
(5) For the purpose of section 193.2 of the Act, any installation is prescribed as an installation.
- 2014, c. 13, s. 116
PART 1Board’s Powers
2 The Board is authorized to make orders respecting the allocation of areas, including the determination of the size of spacing units and the well production rates for the purpose of drilling for or producing petroleum and to exercise any powers and perform any duties that may be necessary for the management and control of petroleum production.
Names and Designations
3 The Board may give a name, classification or status to any well and may change that name, classification or status.
4 The Board may also
(a) designate a zone for the purposes of these Regulations;
(b) give a name to a pool or field; and
(c) define the boundaries of a pool, zone or field for the purpose of identifying it.
PART 2Management System, Application for Authorization and Well Approvals
5 (1) The applicant for an authorization shall develop an effective management system that integrates operations and technical systems with the management of financial and human resources to ensure compliance with the Act and these Regulations.
(2) The management system shall include
(a) the policies on which the system is based;
(b) the processes for setting goals for the improvement of safety, environmental protection and waste prevention;
(c) the processes for identifying hazards and for evaluating and managing the associated risks;
(d) the processes for ensuring that personnel are trained and competent to perform their duties;
(e) the processes for ensuring and maintaining the integrity of all facilities, structures, installations, support craft and equipment necessary to ensure safety, environmental protection and waste prevention;
(f) the processes for the internal reporting and analysis of hazards, minor injuries, incidents and near-misses and for taking corrective actions to prevent their recurrence;
(g) the documents describing all management system processes and the processes for making personnel aware of their roles and responsibilities with respect to them;
(h) the processes for ensuring that all documents associated with the system are current, valid and have been approved by the appropriate level of authority;
(i) the processes for conducting periodic reviews or audits of the system and for taking corrective actions if reviews or audits identify areas of non-conformance with the system and opportunities for improvement;
(j) the arrangements for coordinating the management and operations of the proposed work or activity among the owner of the installation, the contractors, the operator and others, as applicable; and
(k) the name and position of the person accountable for the establishment and maintenance of the system and of the person responsible for implementing it.
(3) The management system documentation shall be controlled and set out in a logical and systematic fashion to allow for ease of understanding and efficient implementation.
(4) The management system shall correspond to the size, nature and complexity of the operations and activities, hazards and risks associated with the operations.
Application for Authorization
6 The application for authorization shall be accompanied by
(a) a description of the scope of the proposed activities;
(b) an execution plan and schedule for undertaking those activities;
(c) a safety plan that meets the requirements of section 8;
(d) an environmental protection plan that meets the requirements of section 9;
(e) information on any proposed flaring or venting of gas, including the rationale and the estimated rate, quantity and period of the flaring or venting;
(f) information on any proposed burning of oil, including the rationale and the estimated quantity of oil proposed to be burned;
(g) in the case of a drilling installation, a description of the drilling and well control equipment;
(h) in the case of a production installation, a description of the processing facilities and control system;
(i) in the case of a production project, a field data acquisition program that allows sufficient pool pressure measurements, fluid samples, cased hole logs and formation flow tests for a comprehensive assessment of the performance of development wells, pool depletion schemes and the field;
(j) contingency plans, including emergency response procedures, to mitigate the effects of any reasonably foreseeable event that might compromise safety or environmental protection, which shall
(i) provide for coordination measures with any relevant municipal, provincial, territorial or federal emergency response plan, and
(ii) in an area where oil is reasonably expected to be encountered, identify the scope and frequency of the field practice exercise of oil spill countermeasures; and
(k) a description of the decommissioning and abandonment of the site, including methods for restoration of the site after its abandonment.
7 (1) If the application for authorization covers a production installation, the applicant shall also submit to the Board for its approval the flow system, the flow calculation procedure and the flow allocation procedure that will be used to conduct the measurements referred to in Part 7.
(2) The Board shall approve the flow system, the flow calculation procedure and the flow allocation procedure if the applicant demonstrates that the system and procedures facilitate reasonably accurate measurements and allocate, on a pool or zone basis, the production from and injection into individual wells.
8 The safety plan shall set out the procedures, practices, resources, sequence of key safety-related activities and monitoring measures necessary to ensure the safety of the proposed work or activity and shall include
(a) a summary of and references to the management system that demonstrate how it will be applied to the proposed work or activity and how the duties set out in these Regulations with regard to safety will be fulfilled;
(b) a summary of the studies undertaken to identify hazards and to evaluate safety risks related to the proposed work or activity;
(c) a description of the hazards that were identified and the results of the risk evaluation;
(d) a summary of the measures to avoid, prevent, reduce and manage safety risks;
(e) a list of all structures, facilities, equipment and systems critical to safety and a summary of the system in place for their inspection, testing and maintenance;
(f) a description of the organizational structure for the proposed work or activity and the command structure on the installation, which clearly explains
(i) their relationship to each other, and
(ii) the contact information and position of the person accountable for the safety plan and of the person responsible for implementing it;
(g) if the possibility of pack sea ice or drifting icebergs exists at the drill or production site, the measures to address the protection of the installation, including systems for ice detection, surveillance, data collection, reporting, forecasting and, if appropriate, ice avoidance or deflection; and
(h) a description of the arrangements for monitoring compliance with the plan and for measuring performance in relation to its objectives.
9 The environmental protection plan shall set out the procedures, practices, resources and monitoring necessary to manage hazards to and protect the environment from the proposed work or activity and shall include
(a) a summary of and references to the management system that demonstrate how it will be applied to the proposed work or activity and how the duties set out in these Regulations with regard to environmental protection will be fulfilled;
(b) a summary of the studies undertaken to identify environmental hazards and to evaluate environmental risks relating to the proposed work or activity;
(c) a description of the hazards that were identified and the results of the risk evaluation;
(d) a summary of the measures to avoid, prevent, reduce and manage environmental risks;
(e) a list of all structures, facilities, equipment and systems critical to environmental protection and a summary of the system in place for their inspection, testing and maintenance;
(f) a description of the organizational structure for the proposed work or activity and the command structure on the installation, which clearly explains
(i) their relationship to each other, and
(ii) the contact information and position of the person accountable for the environmental protection plan and the person responsible for implementing it;
(g) the procedures for the selection, evaluation and use of chemical substances including process chemicals and drilling fluid ingredients;
(h) a description of equipment and procedures for the treatment, handling and disposal of waste material;
(i) a description of all discharge streams and limits for any discharge into the natural environment including any waste material;
(j) a description of the system for monitoring compliance with the discharge limits identified in paragraph (i), including the sampling and analytical program to determine if those discharges are within the specified limits; and
(k) a description of the arrangements for monitoring compliance with the plan and for measuring performance in relation to its objectives.
10 (1) Subject to subsection (2), an operator who intends to drill, re-enter, work over, complete or recomplete a well or suspend or abandon a well or part of a well shall obtain a well approval.
(2) A well approval is not necessary to conduct a wire line, slick line or coiled tubing operation through a Christmas tree located above sea level if
(a) the work does not alter the completion interval or is not expected to adversely affect recovery; and
(b) the equipment, operating procedures and qualified persons exist to conduct the wire line, slick line or coiled tubing operations as set out in the authorization.
11 If the well approval sought is to drill a well, the application shall contain
(a) a comprehensive description of the drilling program; and
(b) a well data acquisition program that allows for the collection of sufficient cutting and fluid samples, logs, conventional cores, sidewall cores, pressure measurements and formation flow tests, analyses and surveys to enable a comprehensive geological and reservoir evaluation to be made.
12 The application shall contain
(a) if the well approval sought is to re-enter, work over, complete or recomplete a well or suspend or abandon a well or part of it, a detailed description of that well, the proposed work or activity and the rationale for conducting it;
(b) if the well approval sought is to complete a well, in addition to the information required under paragraph (a), information that demonstrates that section 46 will be complied with; and
(c) if the well approval sought is to suspend a well or part of it, in addition to the information required under paragraph (a), an indication of the period within which the suspended well or part of it will be abandoned or completed.
13 The Board shall grant the well approval if the operator demonstrates that the work or activity will be conducted safely, without waste and without pollution, in compliance with these Regulations.
Suspension and Revocation of a Well Approval
14 (1) The Board may suspend the well approval if
(a) the operator fails to comply with the approval and the work or activity cannot be conducted safely, without waste or without pollution;
(b) the safety of the work or activity becomes uncertain because
(i) the level of performance of the installation or service equipment, any ancillary equipment or any support craft is demonstrably less than the level of performance indicated in the application, or
(ii) the physical environmental conditions encountered in the area of the activity for which the well approval was granted are more severe than the equipment’s operating limits as specified by the manufacturer; or
(c) the operator fails to comply with the approvals issued under subsection 7(2), 52(4) or 66(2).
(2) The Board may revoke the well approval if the operator fails to remedy the situation causing the suspension within 120 days after the date of that suspension.
15 For the purpose of subsection 139(1) of the Act, the well approval relating to a production project is prescribed.
16 For the purpose of paragraph 139(3)(b) of the Act, Part II of the development plan relating to a proposed development of a pool or field shall contain a resource management plan.
PART 3Operator’s Duties
Availability of Documents
17 (1) The operator shall keep a copy of the authorization, the well approval and all other approvals and plans required under these Regulations, the Act and the regulations made under the Act at each installation and shall make them available for examination at the request of any person at each installation.
(2) The operator shall ensure that a copy of all operating manuals and other procedures and documents necessary to execute the work or activity and to operate the installation safely without pollution are readily accessible at each installation.
18 The operator shall ensure compliance with the management system referred to in section 5.
Safety and Environmental Protection
19 The operator shall take all reasonable precautions to ensure safety and environmental protection, including ensuring that
(a) any operation necessary for the safety of persons at an installation or on a support craft has priority, at all times, over any work or activity at that installation or on that support craft;
(b) safe work methods are followed during all drilling, well or production operations;
(c) there is a shift handover system to effectively communicate any conditions, mechanical or procedural deficiencies or other problems that might have an impact on safety or environmental protection;
(d) differences in language or other barriers to effective communication do not jeopardize safety or environmental protection;
(e) all persons at an installation, or in transit to or from an installation, receive instruction in and are familiar with safety and evacuation procedures and with their roles and responsibilities in the contingency plans, including emergency response procedures;
(f) any drilling or well operation is conducted in a manner that maintains full control of the well at all times;
(g) if there is loss of control of a well at an installation, all other wells at that installation are shut in until the well that is out of control is secured;
(h) plans are in place to deal with potential hazards;
(i) all equipment required for safety and environmental protection is available and in an operable condition;
(j) the inventory of all equipment identified in the safety plan and the environmental protection plan is updated after the completion of any significant modification or repair to any major component of the equipment;
(k) the administrative and logistical support that is provided for drilling, well or production operations includes accommodation, transportation, first aid and storage, repair facilities and communication systems suitable for the area of operations;
(l) a sufficient number of trained and competent individuals are available to complete the authorized work or activities and to carry out any work or activity safely and without pollution; and
(m) any operational procedure that is a hazard to safety or the environment is corrected and all affected persons are informed of the alteration.
20 (1) No person shall tamper with, activate without cause, or misuse any safety or environmental protection equipment.
(2) A passenger on a helicopter, supply vessel or any other support craft engaged in a drilling program or production project shall comply with all applicable safety instructions.
21 (1) No person shall smoke on an installation except in those areas set aside by the operator for that use.
(2) The operator shall ensure compliance with subsection (1).
Storing and Handling of Consumables
22 The operator shall ensure that fuel, potable water, spill containment products, safety-related chemicals, drilling fluids, cement and other consumables are
(a) readily available and stored on an installation in quantities sufficient for any normal and reasonably foreseeable emergency condition; and
(b) stored and handled in a manner that minimizes their deterioration, ensures safety and prevents pollution.
Handling of Chemical Substances, Waste Material and Oil
23 The operator shall ensure that all chemical substances, including process fluids and diesel fuel, waste material, drilling fluid and drill cuttings generated at an installation, are handled in a way that does not create a hazard to safety or the environment.
Cessation of a Work or Activity
24 (1) The operator shall ensure that any work or activity ceases without delay if that work or activity
(a) endangers or is likely to endanger the safety of persons;
(b) endangers or is likely to endanger the safety or integrity of the well or the installation; or
(c) causes or is likely to cause pollution.
(2) If the work or activity ceases, the operator shall ensure that it does not resume until it can do so safely and without pollution.
PART 4Equipment and Operations
Wells, Installations, Equipment, Facilities and Support Craft
25 The operator shall ensure that
(a) all wells, installations, equipment and facilities are designed, constructed, tested, maintained and operated to prevent incidents and waste under the maximum load conditions that may be reasonably anticipated during any operation;
(b) a comprehensive inspection that includes a non-destructive examination of critical joints and structural members of an installation and any critical drilling or production equipment is made at an interval to ensure continued safe operation of the installation or equipment and in any case, at least once in every five-year period; and
(c) records of maintenance, tests and inspections are kept.
26 The operator shall ensure that
(a) the components of an installation and well tubulars, Christmas trees and wellheads are operated in accordance with good engineering practices; and
(b) any part of an installation that may be exposed to a sour environment is designed, constructed and maintained to operate safely in that environment.
27 (1) The operator shall ensure that any defect in the installation, equipment, facilities and support craft that may be a hazard to safety or the environment is rectified without delay.
(2) If it is not possible to rectify the defect without delay, the operator shall ensure that it is rectified as soon as the circumstances permit and that mitigation measures are put in place to minimize the hazards while the defect is being rectified.
Drilling Fluid System
28 The operator shall ensure that
(a) the drilling fluid system and associated monitoring equipment is designed, installed, operated and maintained to provide an effective barrier against formation pressure, to allow for proper well evaluation, to ensure safe drilling operations and to prevent pollution; and
(b) the indicators and alarms associated with the monitoring equipment are strategically located on the drilling rig to alert onsite personnel.
29 (1) The operator shall ensure that every marine riser is capable of
(a) furnishing access to the well;
(b) isolating the well-bore from the sea;
(c) withstanding the differential pressure of the drilling fluid relative to the sea;
(d) withstanding the physical forces anticipated in the drilling program; and
(e) permitting the drilling fluid to be returned to the installation.
(2) The operator shall ensure that every marine riser is supported in a manner that effectively compensates for the forces caused by the motion of the installation.
30 The operator shall ensure that adequate equipment, procedures and personnel are in place to recognize and control normal and abnormal pressures, to allow for safe, controlled drilling operations and to prevent pollution.
Reference for Well Depths
31 The operator shall ensure that any depth in a well is measured from a single reference point, which is either the kelly bushing or the rotary table of the drilling rig.
Directional and Deviation Surveys
32 The operator shall ensure that
(a) directional and deviation surveys are taken at intervals that allow the position of the well-bore to be determined accurately; and
(b) except in the case of a relief well, a well is drilled in a manner that does not intersect an existing well.
Formation Leak-Off Test
33 The operator shall ensure that
(a) a formation leak-off test or a formation integrity test is conducted before drilling more than 10 m below the shoe of any casing other than the conductor casing;
(b) the formation leak-off test or the formation integrity test is conducted to a pressure that allows for safe drilling to the next planned casing depth; and
(c) a record is retained of each formation leak-off test and the results included in the daily drilling report referred to in paragraph 84(a) and in the well history report referred to in section 89.
Formation Flow and Well Testing Equipment
34 (1) The operator shall ensure that
(a) the equipment used in a formation flow test is designed to safely control well pressure, properly evaluate the formation and prevent pollution;
(b) the rated working pressure of formation flow test equipment upstream of and including the well testing manifold exceeds the maximum anticipated shut-in pressure; and
(c) the equipment downstream of the well testing manifold is sufficiently protected against overpressure.
(2) The operator of a well shall ensure that the formation flow test equipment includes a down-hole safety valve that permits closure of the test string above the packer.
(3) The operator shall ensure that any formation flow test equipment used in testing a well that is drilled with a floating drilling unit has a subsea test tree that includes
(a) a valve that may be operated from the surface and automatically closes when required to prevent uncontrolled well flow; and
(b) a release system that permits the test string to be hydraulically or mechanically disconnected within or below the blow-out preventers.
35 The operator shall ensure that adequate procedures, materials and equipment are in place and utilized to minimize the risk of loss of well control in the event of lost circulation.
36 (1) The operator shall ensure that, during all well operations, reliably operating well control equipment is installed to control kicks, prevent blow-outs and safely carry out all well activities and operations, including drilling, completion and workover operations.
(2) After setting the surface casing, the operator shall ensure that at least two independent and tested well barriers are in place during all well operations.
(3) If a barrier fails, the operator shall ensure that no other activities, other than those intended to restore or replace the barrier, take place in the well.
(4) The operator shall ensure that, during drilling, except when drilling under-balanced, one of the two barriers to be maintained is the drilling fluid column.
37 The operator shall ensure that pressure control equipment associated with drilling, coil tubing, slick line and wire line operations is pressure-tested on installation and as often as necessary to ensure its continued safe operation.
38 If the well control is lost or if safety, environmental protection or resource conservation is at risk, the operator shall ensure that any action necessary to rectify the situation is taken without delay, despite any condition to the contrary in the well approval.
Casing and Cementing
39 The operator shall ensure that the well and casing are designed so that
(a) the well can be drilled safely, the targeted formations evaluated and waste prevented;
(b) the anticipated conditions, forces and stresses that may be placed upon them are withstood; and
(c) the integrity of gas hydrate zones is protected.
40 The operator shall ensure that the well and casing are installed at a depth that provides for adequate kick tolerances and well control operations that provide for safe, constant bottom hole pressure.
41 The operator shall ensure that cement slurry is designed and installed so that
(a) the movement of formation fluids in the casing annuli is prevented and, where required for safety, resource evaluation or prevention of waste, the isolation of the petroleum and water zones is ensured;
(b) support for the casing is provided;
(c) corrosion of the casing over the cemented interval is retarded; and
(d) the integrity of gas hydrate zones is protected.
Waiting on Cement Time
42 After the cementing of any casing or casing liner and before drilling out the casing shoe, the operator shall ensure that the cement has reached the minimum compressive strength sufficient to support the casing and provide zonal isolation.
Casing Pressure Testing
43 After installing and cementing the casing and before drilling out the casing shoe, the operator shall ensure that the casing is pressure-tested to the value required to confirm its integrity for maximum anticipated operating pressure.
44 The operator shall ensure that the production tubing used in a well is designed to withstand the maximum conditions, forces and stresses that may be placed on it and to maximize recovery from the pool.
Monitoring and Control of Process Operations
45 The operator shall ensure that
(a) operations such as processing, transportation, storage, re-injection and handling of petroleum on the installation are effectively monitored to prevent incidents and waste;
(b) all alarm, safety, monitoring, warning and control systems associated with those operations are managed to prevent incidents and waste; and
(c) all appropriate persons are informed of the applicable alarm, safety, monitoring, warning or control systems associated with those operations that are taken out of service, and when those systems are returned to service.
46 (1) An operator that completes a well shall ensure that
(a) it is completed in a safe manner and allows for maximum recovery;
(b) except in the case of commingled production, each completion interval is isolated from any other porous or permeable interval penetrated by the well;
(c) the testing and production of any completion interval are conducted safely and do not cause waste or pollution;
(d) if applicable, sand production is controlled and does not create a safety hazard or cause waste;
(e) each packer is set as close as practical to the top of the completion interval and that the pressure testing of the packer to a differential pressure is greater than the maximum differential pressure anticipated under the production or injection conditions;
(f) if practical, any mechanical well condition that may have an adverse effect on production of petroleum from, or the injection of fluids into, the well is corrected;
(g) the injection or production profile of the well is improved, or the completion interval of the well is changed, if it is necessary to do so to prevent waste;
(h) if different pressure and inflow characteristics of two or more pools might adversely affect the recovery from any of those pools, the well is operated as a single pool well or as a segregated multi-pool well;
(i) after initial completion, all barriers are tested to the maximum pressure to which they are likely to be subjected; and
(j) following any workover, any affected barriers are pressure-tested.
(2) The operator of a segregated multi-pool well shall ensure that
(a) after the well is completed, segregation has been established within and outside the well casing and is confirmed; and
(b) if there is reason to doubt that segregation is being maintained, a segregation test is conducted within a reasonable time frame.
Subsurface Safety Valve
47 The operator of a development well capable of flow shall ensure that the well is equipped with a fail-safe subsurface safety valve that is designed, installed, operated and tested to prevent uncontrolled well flow when it is activated.
Wellhead and Christmas Tree Equipment
48 The operator shall ensure that the wellhead and Christmas tree equipment, including valves, are designed to operate safely and efficiently under the maximum load conditions anticipated during the life of the well.
PART 5Evaluation of Wells, Pools and Fields
49 The operator shall ensure that the well data acquisition program and the field data acquisition program are implemented in accordance with good oilfield practices.
50 (1) If part of the well or field data acquisition program cannot be implemented, the operator shall ensure that
(a) a conservation officer is notified as soon as the circumstances permit; and
(b) the procedures to otherwise achieve the goals of the program are submitted to the Board for approval.
(2) If the operator can demonstrate that those procedures can achieve the goals of the well or field data acquisition program or are all that can be reasonably expected in the circumstances, the Board shall approve them.
Testing and Sampling of Formations
51 The operator shall ensure that every formation in a well is tested and sampled to obtain reservoir pressure data and fluid samples from the formation, if there is an indication that the data or samples would contribute substantially to the geological and reservoir evaluation.
Formation Flow Testing
52 (1) The operator shall ensure that
(a) no development well is put into production unless the Board has approved a formation flow test in respect of the development well; and
(b) if a development well is subjected to a well operation that might change its deliverability, productivity or injectivity, a formation flow test is conducted within a reasonable time frame after the well operation is ended to determine the effects of that operation on the well’s deliverability, productivity or injectivity.
(2) The operator may conduct a formation flow test on a well drilled on a geological feature if, before conducting that test, the operator
(a) submits to the Board a detailed testing program; and
(b) obtains the Board’s approval to conduct the test.
(3) The Board may require that the operator conduct a formation flow test on a well drilled on a geological feature, other than the first well, if there is an indication that the test would contribute substantially to the geological and reservoir evaluation.
(4) The Board shall approve a formation flow test if the operator demonstrates that the test will be conducted safely, without pollution and in accordance with good oilfield practices and that the test will enable the operator to
(a) obtain data on the deliverability or productivity of the well;
(b) establish the characteristics of the reservoir; and
(c) obtain representative samples of the formation fluids.
Submission of Samples and Data
53 The operator shall ensure that all cutting samples, fluid samples and cores collected as part of the well and field data acquisition programs are
(a) transported and stored in a manner that prevents any loss or deterioration;
(b) delivered to the Board within 60 days after the rig release date unless analyses are ongoing, in which case those samples and cores, or the remaining parts, are to be delivered on completion of the analyses; and
(c) stored in durable containers properly labelled for identification.
54 The operator shall ensure that after any samples necessary for analysis or for research or academic studies have been removed from a conventional core, the remaining core, or a longitudinal slab that is not less than one half of the cross-sectional area of that core, is submitted to the Board.
55 Before disposing of cutting samples, fluid samples, cores or evaluation data under these Regulations, the operator shall ensure that the Board is notified in writing and is given an opportunity to request delivery of the samples, cores or data.
PART 6Well Termination
Suspension or Abandonment
56 The operator shall ensure that every well that is suspended or abandoned can be readily located and left in a condition that
(a) provides for isolation of all hydrocarbon bearing zones and discrete pressure zones; and
(b) prevents any formation fluid from flowing through or escaping from the well-bore.
57 The operator of a suspended well shall ensure that the well is monitored and inspected to maintain its continued integrity and to prevent pollution.
58 The operator shall ensure that, on the abandonment of a well, the seafloor is cleared of any material or equipment that might interfere with other commercial uses of the sea.
59 No operator shall remove or cause to have removed a drilling installation from a well drilled under these Regulations unless the well has been terminated in accordance with these Regulations.
Flow and Volume
60 (1) Unless otherwise included in the approval issued under subsection 7(2), the operator shall ensure that the rate of flow and the volume of the following are measured and recorded:
(a) the fluid that is produced from each well;
(b) the fluid that is injected into each well;
(c) any produced fluid that enters, leaves, is used or is flared, vented, burned or otherwise disposed of on an installation, including any battery room, treatment facility or processing plant; and
(d) any air or materials injected for the purposes of disposal, storage or cycling, including drill cuttings and other useless material that is generated during drilling, well or production operations.
(2) The operator shall ensure that any measurements are conducted in accordance with the flow system, flow calculation procedure and flow allocation procedure, approved under subsection 7(2).
61 (1) The operator shall ensure that group production of petroleum from wells and injection of a fluid into wells is allocated on a pro rata basis, in accordance with the flow system, flow calculation procedure and flow allocation procedure approved under subsection 7(2).
(2) If a well is completed over multiple pools or zones, the operator shall ensure that production or injection volumes for the well are allocated on a pro rata basis to the pools or zones in accordance with the flow allocation procedure approved under subsection 7(2).
Testing, Maintenance and Notification
62 The operator shall ensure
(a) that meters and associated equipment are calibrated and maintained to ensure their continued accuracy;
(b) that equipment used to calibrate the flow system is calibrated in accordance with good measurement practices;
(c) that any component of the flow system that may have an impact on the accuracy or integrity of the flow system and that is not functioning in accordance with the manufacturer’s specifications is repaired or replaced without delay, or, if it is not possible to do so without delay, corrective measures are taken to minimize the impact on the accuracy and integrity of the flow system while the repair or replacement is proceeding; and
(d) that a conservation officer is notified, as soon as the circumstances permit, of any malfunction or failure of any flow system component that may have an impact on the accuracy of the flow system and of the corrective measures taken.
63 The operator shall ensure that
(a) a conservation officer is notified at least 14 days before the day on which any transfer meter prover or master meter used in conjunction with a transfer meter is calibrated; and
(b) a copy of the calibration certificate is submitted to the Chief Conservation Officer as soon as the circumstances permit, following completion of the calibration.
Proration Testing Frequency
64 The operator of a development well that is producing petroleum shall ensure that sufficient proration tests are performed to permit reasonably accurate determination of the allocation of oil, gas and water production on a pool and zone basis.
PART 8Production Conservation
65 The operator shall ensure that
(a) maximum recovery from a pool or zone is achieved in accordance with good oilfield practices;
(b) wells are located and operated to provide for maximum recovery from a pool; and
(c) if there is reason to believe that infill drilling or implementation of an enhanced recovery scheme might result in increased recovery from a pool or field, studies on these methods are carried out and submitted to the Board.
66 (1) No operator shall engage in commingled production except in accordance with the approval granted under subsection (2).
(2) The Board shall approve the commingled production if the operator demonstrates that it would not reduce the recovery from the pools or zones.
(3) The operator engaging in commingled production shall ensure that the total volume and the rate of production of each fluid produced is measured and the volume from each pool or zone is allocated in accordance with the requirements of Part 7.
Gas Flaring and Venting
67 No operator shall flare or vent gas unless
(a) it is otherwise permitted in the approval issued under subsection 52(4) or in the authorization; or
(b) it is necessary to do so because of an emergency situation and the Board is notified in the daily drilling report, daily production report or in any other written or electronic form, as soon as the circumstances permit, of the flaring or venting and of the amount flared or vented.
68 No operator shall burn oil unless
(a) it is otherwise permitted in the approval issued under subsection 52(4) or in the authorization; or
(b) it is necessary to do so because of an emergency situation and the Board is notified in the daily drilling report, daily production report or in any other written or electronic form, as soon as the circumstances permit, of the burning and the amount burned.
PART 9Support Operations
69 The operator shall ensure that all support craft are designed, constructed and maintained to supply the necessary support functions and operate safely in the foreseeable physical environmental conditions prevailing in the area in which they operate.
70 (1) The operator of a manned installation shall ensure that at least one support craft is
(a) available at a distance that is not greater than that required for a return time of twenty minutes; and
(b) suitably equipped to supply the necessary emergency services including rescue and first aid treatment for all personnel on the installation in the event of an emergency.
(2) If the support craft exceeds the distance referred to in paragraph (1)(a), both the installation manager and the person in charge of the support craft shall log this fact and the reason why the distance or time was exceeded.
(3) Under the direction of the installation manager, the support craft crew shall keep the craft in close proximity to the installation, maintain open communication channels with the installation and be prepared to conduct rescue operations during any activity or condition that presents an increased level of risk to the safety of personnel or the installation.
71 (1) For the purposes of this section, the safety zone around an installation consists of the area within a line enclosing and drawn at a distance of 500 m from the outer edge of the installation.
(2) A support craft shall not enter the safety zone without the consent of the installation manager.
(3) The operator shall take all reasonable measures to warn persons who are in charge of vessels and aircraft of the safety zone boundaries, of the facilities within the safety zone and of any related potential hazards.
PART 10Training and Competency
72 The operator shall ensure that
(a) all personnel have, before assuming their duties, the necessary experience, training and qualifications and are able to conduct their duties safely, competently and in compliance with these Regulations; and
(b) records of the experience, training and qualifications of all personnel are kept and made available to the Board upon request.
Impairment and Fatigue
73 (1) Subject to subsection (2), the operator shall ensure that no person works when their ability to function is impaired and that no person is required to work
(a) any shift in excess of 12.5 continuous hours; or
(b) two successive shifts of any duration unless that person has had at least eight hours’ rest between the shifts.
(2) The operator may allow a person to work in excess of the hours or without the rest period referred to in subsection (1) if the operator has assessed the risk associated with the person working the extra hours and determined that such work can be carried out without increased risk to safety or to the environment.
(3) If an operator allows a person to work in excess of the hours or without the rest period referred to in subsection (1), the operator shall ensure that a description of the work, the names of the persons performing the work, the hours worked and the risk assessment referred to in subsection (2) are recorded.
PART 11Submissions, Notifications, Records and Reports
Reference to Names and Designations
74 When submitting any information for the purposes of these Regulations, the operator shall refer to each well, pool and field by the name given to it under sections 3 and 4, or if a zone, by its designation by the Board under section 4.
75 (1) The operator shall ensure that a survey is used to confirm the location of the well on the seafloor.
(2) The survey shall be certified by a person licensed under the Canada Lands Surveyors Act.
(3) The operator shall ensure that a copy of the survey plan filed with the Canada Lands Surveys Records is submitted to the Board.
Incidents and Near-misses
76 (1) The operator shall ensure that
(a) the Board is notified of any incident or near-miss as soon as the circumstances permit; and
(b) the Board is notified at least 24 hours in advance of any press release or press conference held by the operator concerning any incident or near-miss during any activity to which these Regulations apply, except in an emergency situation, in which case it shall be notified without delay before the press release or press conference.
(2) The operator shall ensure that
(a) any incident or near-miss is investigated, its root cause and causal factors identified and corrective action taken; and
(b) for any of the following incidents or near-misses, a copy of an investigation report identifying the root cause, causal factors and corrective action taken is submitted to the Board no later than 21 days after the day on which the incident or near-miss occurred:
(i) a lost or restricted workday injury,
(iii) fire or explosion,
(iv) a loss of containment of any fluid from a well,
(v) an imminent threat to the safety of a person, installation or support craft, or
(vi) a significant pollution event.
Submission of Data and Analysis
77 (1) The operator shall ensure that a final copy of the results, data, analyses and schematics obtained from the following sources is submitted to the Board:
(a) testing, sampling and pressure surveys carried out as part of the well and field data acquisition programs referred to in section 49 and testing and sampling of formations referred to in section 51; and
(b) any segregation test or well operation.
(2) Unless otherwise indicated in these Regulations, the operator shall ensure that the results, data, analyses and schematics are submitted within 60 days after the day on which any activity referred to in paragraphs (1)(a) and (b) is completed.
78 The operator shall ensure that records are kept of
(a) all persons arriving, leaving or present on the installation;
(b) the location and movement of support craft, the emergency drills and exercises, incidents, near-misses, the quantities of consumable substances that are required to ensure the safety of operations and other observations and information critical to the safety of persons on the installation or the protection of the environment;
(c) daily maintenance and operating activities, including any activity that may be critical to the safety of persons on the installation, the protection of the environment or the prevention of waste;
(d) in the case of a production installation,
(i) the inspection of the installation and related equipment for corrosion and erosion and any resulting maintenance carried out,
(ii) the pressure, temperature and flow rate data for compressors and treating and processing facilities,
(iii) the calibration of meters and instruments,
(iv) the testing of surface and subsurface safety valves,
(v) the status of each well and the status of well operations, and
(vi) the status of the equipment and systems critical to safety and protection of the environment including any unsuccessful test result or equipment failure leading to an impairment of the systems; and
(e) in the case of a floating installation, all installation movements, data, observations, measurements and calculations related to the stability and station-keeping capability of the installation.
79 The operator of an installation shall ensure
(a) that the installation is equipped with facilities and equipment for observing, measuring and recording physical environmental conditions and that a comprehensive record of observations of physical environmental conditions is maintained onboard the installation; and
(b) that forecasts of meteorological conditions, sea states and ice movements are obtained and recorded each day and each time during the day that they change substantially from those forecasted.
Daily Production Record
80 The operator shall ensure that a daily production record, which includes the metering records and other information relating to the production of petroleum and other fluids in respect of a pool or well, is retained and readily accessible to the Board until the field or well in which the pool is located is abandoned and at that time shall offer the record to the Board before destroying it.
Management of Records
81 The operator shall ensure that
(a) all processes are in place and implemented to identify, generate, control and retain records necessary to support operational and regulatory requirements; and
(b) the records are readily accessible for inspection by the Board.
Formation Flow Test Reports
82 The operator shall ensure that
(a) in respect of exploration and delineation wells, a daily record of formation flow test results is submitted to the Board; and
(b) in respect of all wells, a formation flow test report is submitted to the Board as soon as the circumstances permit, following completion of the test.
83 (1) For the purposes of this section, pilot scheme means a scheme that applies existing or experimental technology over a limited portion of a pool to obtain information on reservoir or production performance for the purpose of optimizing field development or improving reservoir or production performance.
(2) The operator shall ensure that interim evaluations of any pilot scheme respecting a pool, field or zone are submitted to the Board.
(3) When the operator completes a pilot scheme, the operator shall ensure that a report is submitted to the Board that sets out
(a) the results of the scheme and supporting data and analyses; and
(b) the operator’s conclusions as to the potential of the scheme for application to full-scale production.
84 The operator shall ensure that a copy of the following is submitted to the Board daily:
(a) the daily drilling report;
(b) the daily geological report, including any formation evaluation logs and data; and
(c) in the case of a production installation, a summary, in the form of a daily production report, of the records referred to in paragraph 78(d) and the daily production record.
Monthly Production Report
85 (1) The operator shall ensure that a report summarizing the production data collected during the preceding month is submitted to the Board not later than the 15th day of each month.
(2) The report shall use established production accounting procedures.
Annual Production Report
86 The operator shall ensure that, not later than March 31 of each year, an annual production report for a pool, field or zone is submitted to the Board providing information that demonstrates how the operator manages and intends to manage the resource without causing waste, including:
(a) for the preceding year, details on the performance, production forecast, reserve revision, reasons for significant deviations in well performance from predictions in previous annual production reports, gas conservation resources, efforts to maximize recovery and reduce costs and the operating and capital expenditures, including the cost of each well operation; and
(b) for the current year and the next two years, estimates of the operating and capital expenditures, including the cost of each well operation.
87 (1) For each production project, the operator shall ensure that, not later than March 31 of each year, an annual environmental report relating to the preceding year is submitted to the Board and includes
(a) for each installation, a summary of the general environmental conditions during the year and a description of ice management activities; and
(b) a summary of environmental protection matters during the year, including a summary of any incidents that may have an environmental impact, discharges that occurred and waste material that was produced, a discussion of efforts undertaken to reduce pollution and waste material and a description of environmental contingency plan exercises.
(2) For each drilling installation for an exploration or delineation well, the operator shall ensure that an environmental report relating to each well is submitted to the Board within 90 days after the rig release date and includes
(a) a description of the general environmental conditions during the drilling program and a description of ice management activities and downtime caused by weather or ice; and
(b) a summary of environmental protection matters during the drilling program, including a summary of spills, discharges occurred and waste material produced, a discussion of efforts undertaken to reduce them, and a description of environmental contingency plan exercises.
Annual Safety Report
88 The operator shall ensure that, not later than March 31 of each year, an annual safety report relating to the preceding year is submitted to the Board and includes
(a) a summary of lost or restricted workday injuries, minor injuries and safety-related incidents and near-misses that have occurred during the preceding year; and
(b) a discussion of efforts undertaken to improve safety.
Well History Report
89 (1) The operator shall ensure that a well history report is prepared for every well drilled by the operator under the well approval and that the report is submitted to the Board.
(2) The well history report shall contain a record of all operational, engineering, petrophysical and geological information that is relevant to the drilling and evaluation of the well.
Well Operations Report
90 (1) The operator shall ensure that a report including the following information is submitted to the Board within 30 days after the end of a well operation:
(a) a summary of the well operation, including any problems encountered during the well operation;
(b) a description of the completion fluid properties;
(c) a schematic of, and relevant engineering data on, the down-hole equipment, tubulars, Christmas tree and production control system;
(d) details of any impact of the well operation on the performance of the well, including any effect on recovery; and
(e) for any well completion, suspension or abandonment, the rig release date.
(2) The report shall be signed and dated by the operator or the operator’s representative.
91 The operator shall ensure that the Board is made aware, at least once a year, of any report containing relevant information regarding applied research work or studies obtained or compiled by the operator relating to the operator’s work or activities and that a copy of it is submitted to the Board on request.
PART 12Consequential Amendments, Transitional Provision, Repeals and Coming into Force
Newfoundland Offshore Certificate of Fitness Regulations
Newfoundland Offshore Petroleum Installations Regulations
103 An operator at the time of the coming into force of these Regulations shall comply with the requirements of section 5.
Coming Into Force
106 These Regulations come into force on December 31, 2009.
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