Canada–Newfoundland and Labrador Offshore Area Petroleum Operations Framework Regulations (SOR/2024-25)

Marginal note:Incorporation by reference

• 2 (1) In these Regulations, any incorporation by reference of a document is an incorporation of that document as amended from time to time.

• Marginal note:Bilingual documents

  (2) Despite subsection (1), if a document that is incorporated by reference is available in both official languages, any amendment to it is incorporated only when the amended version is available in both official languages.

PART 2Experience, Training, Qualifications and Competence

Marginal note:Requirements

• 3 (1) An operator must ensure that any person to whom a duty is assigned or who carries out a work or activity under these Regulations has the necessary experience, training, qualifications and competence to carry out that duty, work or activity safely, in a manner that protects the environment and in compliance with these Regulations.

• Marginal note:Sufficient number and supervision

  (2) The operator must ensure that the persons referred to in subsection (1) are sufficient in number and receive the necessary supervision to ensure safety and the protection of the environment.

PART 3Management System

Marginal note:Requirements

• 4 (1) An operator must, for the purposes of reducing safety and environmental risks, preventing pollution and ensuring the conservation of petroleum resources, develop a management system that meets the following requirements:

  • (a) it must be set out in writing;

  • (b) it must apply to all of the works and activities referred to in the operator’s application for authorization;

  • (c) it must correspond to the scope, nature and complexity of the works and activities and the associated hazards and risks;

  • (d) it must be explicit, comprehensive and proactive;

  • (e) it must foster a culture of safety;

  • (f) it must establish conditions under which a person who makes a report that relates to safety or protection of the environment will be protected from reprisal;

  • (g) it must include processes for integrating works and activities and technical systems with the management of human and financial resources;

  • (h) it must include processes to ensure that all persons have the necessary experience, training, qualifications and competence and receive the necessary supervision to carry out the duties they are assigned;

  • (i) it must set out the roles, responsibilities and authorities of all persons exercising functions under it, as well as the processes for making those persons aware of their roles, responsibilities and authorities;

  • (j) it must include processes for coordinating the carrying out and management of the works and activities among the operator, employers, suppliers, service providers and other persons that are subject to it;

  • (k) it must include processes for the internal and external communication of documents and information relating to safety or the protection of the environment;

  • (l) it must include a process for the efficient and immediate transmission, at every shift handover, of documents and information relating to any conditions, mechanical or procedural deficiencies or other problems that may have an impact on safety or the protection of the environment;

  • (m) it must include processes

    • (i) for identifying hazards that may arise during routine and non-routine operations,

    • (ii) for assessing the risks associated with those hazards and for reducing those risks through the implementation of control measures, and

    • (iii) for establishing an inventory of those hazards and control measures and for maintaining that inventory;

  • (n) it must include processes for investigating and reporting, for the purposes of section 179, the root causes of any reportable incident, the contributing factors and the measures to be implemented to prevent recurrence of the incident;

  • (o) it must include a process for establishing a system to analyze trends in hazards and reportable incidents;

  • (p) it must include processes for identifying, evaluating and managing all systems and equipment that are critical to safety or to the protection of the environment;

  • (q) it must include processes for identifying, evaluating and managing any changes that could affect safety, the protection of the environment and the conservation of petroleum resources;

  • (r) it must include processes for identifying tasks that are critical to safety, the protection of the environment and the conservation of petroleum resources;

  • (s) it must include processes for establishing and maintaining measurable goals and performance indicators that are applicable to it;

  • (t) it must include processes for its periodic internal audit and review to identify areas for improvement and the preventive and corrective measures to be taken if deficiencies are identified;

  • (u) it must include processes for monitoring compliance and preventing non-compliance with the requirements of these Regulations, the provisions of Part III of the Act and any requirements that are determined by the Board under that Part;

  • (v) it must include processes for inspection, monitoring, testing and maintenance to ensure the continued integrity of all installations, including their systems and equipment, pipelines and vessels, and for the taking of corrective measures if deficiencies are identified;

  • (w) it must include the policies and indicate the standards on which it is based;

  • (x) it must include a process to ensure that all documents associated with it are approved by a person with the necessary authority, periodically reviewed and updated when necessary;

  • (y) it must include a process for establishing a system to manage any records associated with it, and the records necessary to support operational and regulatory requirements, for the purpose of ensuring that those records are generated, identified, controlled and retained and are readily accessible for consultation and examination; and

  • (z) it must include processes for controlling and coordinating work, including with respect to the issuance of work permits required under Part 10 and the identification of the works and activities for which a work permit is required.

• Marginal note:Documentation

  (2) The operator must ensure that the processes and policies included in the management system and the standards referred to in it are readily accessible for consultation and examination.

• Marginal note:Organization

  (3) The documentation associated with the management system must be organized and set out in a logical fashion to allow for ease of understanding and efficient implementation.

• Marginal note:Processes and procedures

  (4) In this section, a reference to a process includes any procedures that are necessary to implement the process.

Marginal note:Human resources

• 5 (1) An operator must put in place an organizational structure that includes sufficient human resources to implement and continually improve the management system.

• Marginal note:Accountable person

  (2) The operator must designate an employee as the accountable person for the management system and must ensure that the accountable person has the necessary authority over the human and financial resources that are required to implement and continually improve the system.

• Marginal note:Name, position and contact information

  (3) The operator must ensure that the name, position and contact information of the accountable person is submitted to the Board at the time the application for an authorization is made, when a new designation is made under subsection (2) and any time a change is made to the name, position or contact information of the accountable person.

Marginal note:Implementation

• 6 (1) An operator must ensure that the management system is implemented before the commencement of any authorized work or activity.

• Marginal note:Compliance

  (2) The operator must ensure that all employees, employers, suppliers, service providers and other persons that are subject to the management system comply with the requirements of the management system.

Marginal note:Continual improvement

7 The accountable person referred to in subsection 5(2) must ensure that the management system is continually improved.

PART 4Authorization

Application

Marginal note:Documents and information

8 The application for an authorization must be accompanied by the following documents and information:

• (a) the scope of the proposed work or activity;

• (b) an execution plan and schedule for undertaking the proposed work or activity;

• (c) the safety plan referred to in section 9;

• (d) the environmental protection plan referred to in section 10;

• (e) the contingency plan referred to in section 11;

• (f) a description of the installations, including their systems and equipment, pipelines, vessels and support craft, that are to be used for carrying out the work or activity, including the layouts of the installations;

• (g) in the case of a production project, a description of the field data acquisition program referred to in section 13;

• (h) in the case of a drilling program or a production project,

  • (i) information on

    • (A) any proposed flaring or venting of gas, including the rationale for flaring or venting and the estimated rate, quantity and period of the flaring or venting, and

    • (B) any proposed burning of oil, including the rationale for burning and the estimated quantity of oil to be burned, and

  • (ii) the decommissioning and abandonment plan referred to in section 15;

• (i) in the case of a geoscientific program, geotechnical program or environmental program,

  • (i) a map illustrating the location of the program works and activities and their proximity to any man-made structures or vulnerable natural structures, as well as any territorial or other boundaries,

  • (ii) a description of the methods to be used in carrying out the program works and activities and a description of any aircraft or vessel to be used, and

  • (iii) a description of the proposed data acquisition plan;

• (j) in the case of a diving project, the dive project plan required under section 171 of the Canada–Newfoundland and Labrador Offshore Area Occupational Health and Safety Regulations; and

• (k) if applicable, the list required under paragraph 151(a), the records made in the course of conducting the risk assessment required under paragraph 151(b) and the action plan required under paragraph 151(c).

Marginal note:Safety plan

• 9 (1) An operator must develop a safety plan that sets out the procedures, practices, resources, sequence of key safety-related activities and monitoring measures that are necessary to safely carry out a proposed work or activity, as well as the target levels of safety in respect of the work or activity and measures for hazard management.

• Marginal note:Documents and information

  (2) The safety plan must include the following documents and information:

  • (a) specific references to and detailed descriptions of the provisions of the management system that relate to safety, sufficient to demonstrate how the obligations set out in these Regulations with regard to safety will be fulfilled;

  • (b) a document that includes

    • (i) a summary of the studies that have been carried out, and a description of the processes that will be followed, for the purposes of

      • (A) identifying hazards related to the proposed work or activity that may occur during routine and non-routine operations, including any hazards posed by any other activities taking place near the proposed work or activity, and

      • (B) assessing safety risks associated with the identified hazards,

    • (ii) a description of the identified hazards referred to in clause (i)(A) and the results of the assessments referred to in clause (i)(B),

    • (iii) a summary of the measures to be implemented to anticipate safety risks related to the identified hazards,

    • (iv) a summary and evaluation of the measures to be implemented to reduce the safety risks associated with the identified hazards, including, if the possibility of ice hazards exists, measures for ice detection, forecasting, surveillance and reporting, including data collection, and any measures for ice avoidance or deflection,

    • (v) a detailed description of the measures to be implemented to reduce safety risks to a level that is as low as reasonably practicable in respect of

      • (A) the design of all installations, including their systems and equipment,

      • (B) the design, winterization and operation of any installation that is to be operated in a cold climate,

      • (C) the design, arrangement, installation and maintenance of barriers to provide fire and blast protection,

      • (D) the design of all control systems,

      • (E) the design, selection, location, installation, commissioning, protection, operation, inspection and maintenance of mechanical equipment,

      • (F) the design, construction, installation, commissioning, operation, inspection, monitoring, testing and maintenance of any subsea production system under all foreseeable physical and environmental conditions and operating conditions for all modes of operation,

      • (G) the management of temporary or portable equipment, and

      • (H) the arrangement and specification of watertight and weathertight appliances,

    • (vi) a detailed description of the measures to be implemented in respect of

      • (A) the design and location of any vent that is used to release gas into the atmosphere without combustion in order to minimize the risk of accidental ignition of the gas,

      • (B) the design, selection, operation, inspection, testing and maintenance of fire protection systems and equipment in order to minimize the risk of hazards to persons who use those systems and equipment,

      • (C) the design of boilers and pressure systems in order to minimize the risk of hazards to the installation and to persons present on it and to any other installations, vessel or persons in proximity to it, and

      • (D) the design and maintenance of any disconnectable mooring system on a floating platform to ensure that the risk that the system will fail to safely disconnect if exposed to situations that would exceed the platform’s structural limits or the system’s design limits is reduced to a level that is as low as reasonably practicable, without compromising the ability to achieve the target levels of safety set out in the safety plan and environmental protection plan, and

    • (vii) a summary of the measures to be implemented for communicating the identified hazards and for mitigating the safety risks associated with those hazards to all persons who are directly affected;

  • (c) a description of all installations or vessels that are to be used during the proposed work or activity, a description of their systems and equipment that are critical to safety and a brief description of the systems in place for the inspection, testing and maintenance of those systems and that equipment;

  • (d) a description of the organizational structure and chain of command for the proposed work or activity that

    • (i) explains the relationship between the organizational structure and chain of command, and

    • (ii) includes the name, position and contact information of the employee who is responsible for the management of the safety plan; and

  • (e) a description of the measures to be implemented to monitor compliance with the plan and to evaluate performance in relation to its objectives.

Marginal note:Environmental protection plan

• 10 (1) An operator must develop an environmental protection plan that sets out the procedures, practices, resources and monitoring measures that are necessary to protect the environment from the effects of a proposed work or activity, the target levels of safety in respect of the work or activity and measures for hazard management.

• Marginal note:Documents and information

  (2) The environmental protection plan must include the following documents and information:

  • (a) specific references to and detailed descriptions of the provisions of the management system that relate to the protection of the environment, sufficient to demonstrate how the obligations set out in these Regulations with regard to environmental protection will be fulfilled;

  • (b) a document that includes

    • (i) a summary of the studies that have been carried out, and a description of the processes that will be followed, for the purposes of

      • (A) identifying hazards related to the proposed work or activity that may occur during routine and non-routine operations, including any hazards posed by any other activities taking place near the proposed work or activity, and

      • (B) assessing environmental risks associated with the identified hazards,

    • (ii) a description of the identified hazards referred to in clause (i)(A) and the results of the assessments referred to in clause (i)(B),

    • (iii) a summary of the measures to be implemented to anticipate environmental risks related to the identified hazards,

    • (iv) a summary and evaluation of the measures to be implemented to reduce the environmental risks associated with the identified hazards, and

    • (v) a detailed description of the measures to be implemented to reduce environmental risks to a level that is as low as reasonably practicable in respect of

      • (A) the design of all installations, including their systems and equipment,

      • (B) the design, winterization and operation of any installation that is to be operated in a cold climate,

      • (C) the design, arrangement, installation and maintenance of barriers to provide fire and blast protection,

      • (D) the design of all control systems,

      • (E) the design, selection, location, installation, commissioning, protection, operation, inspection and maintenance of mechanical equipment,

      • (F) the design, construction, installation, commissioning, operation, inspection, monitoring, testing and maintenance of any subsea production system under all foreseeable physical and environmental conditions and operating conditions for all modes of operation, and

      • (G) the management of temporary or portable equipment, and

    • (vi) a detailed description of the measures to be implemented in respect of the design and location of any vent that is used to release gas into the atmosphere without combustion in order to minimize the risk of accidental ignition of the gas, and

    • (vii) a summary of the measures to be implemented for communicating the identified hazards and for mitigating the environmental risks associated with those hazards to all persons who are directly affected;

  • (c) a description of all installations or vessels that are to be used during the proposed work or activity, a description of their systems and equipment that are critical to the protection of the environment and a brief description of the systems in place for the inspection, testing and maintenance of those systems and that equipment;

  • (d) in the case of a drilling program or a production project, the procedures for the selection, evaluation and use of chemical substances, including process chemicals and drilling fluid ingredients;

  • (e) a description of the equipment and procedures for the treatment, handling and disposal of waste material;

  • (f) a description of all of the discharge streams and the limits of any discharge into the environment, including any discharge of waste material;

  • (g) a description of the system for monitoring compliance with the discharge limits referred to in paragraph (f), including the sampling and analytical programs for determining whether discharges are within the specified limits;

  • (h) a description of the organizational structure and chain of command for the proposed work or activity that

    • (i) explains the relationship between the organizational structure and chain of command, and

    • (ii) includes the name, position and contact information of the employee who is responsible for the management of the environmental protection plan;

  • (i) a description of the measures to be implemented to monitor compliance with the plan and to evaluate performance in relation to its objectives; and

  • (j) a description of the procedure to be followed if an archaeological site or a burial ground is discovered during the proposed work or activity.