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

Marginal note:Environmental protection plan

• The following provision is not in force.

  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.

• The following provision is not in force.

  Marginal note:Documents and information

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

  • The following provision is not in force.

    (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;

  • The following provision is not in force.

    (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;

  • The following provision is not in force.

    (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;

  • The following provision is not in force.

    (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;

  • The following provision is not in force.

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

  • The following provision is not in force.

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

  • The following provision is not in force.

    (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;

  • The following provision is not in force.

    (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;

  • The following provision is not in force.

    (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

  • The following provision is not in force.

    (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.

Marginal note:Contingency plan

• The following provision is not in force.

  11 (1) An operator must develop a contingency plan that sets out the procedures, including emergency response procedures, and the practices, resources and monitoring measures that are necessary to effectively prepare for and mitigate the effects of any accidental event.

• The following provision is not in force.

  Marginal note:Documents and information

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

  • The following provision is not in force.

    (a) a description of the method to be used for classifying accidental events and a description of the emergency response procedures for each event;

  • The following provision is not in force.

    (b) a description of the procedures for the internal and external reporting of accidental events;

  • The following provision is not in force.

    (c) a description of the procedures for accessing safety-related and environmental information that is necessary to mitigate the effects of any accidental event;

  • The following provision is not in force.

    (d) a description of the organizational structure, chain of command and resources for managing any accidental event, including

    • (i) a list of key emergency response positions and a description of the roles, responsibilities and authorities associated with each of those positions, including a description of related tasks and checklists of actions that must be taken in the context of the contingency plan,

    • (ii) a description of the available support craft and the contact information for its crew or a reference to the number or title of a document that provides that description and contact information,

    • (iii) a description, or a reference to the number or title of a document that provides the description, of available emergency response equipment, including life-saving appliances, and the equipment’s location, as well as the limits on its use and the mitigation measures to be taken in the event that it is not available,

    • (iv) a description, or a reference to a number or title of a document that provides the description, of all available medical equipment and the equipment’s location,

    • (v) a description of the communication system referred to in section 129 and the operating procedures for that system,

    • (vi) a description of all emergency response operations centres and their locations,

    • (vii) a description of any good or service that must be obtained on a contractual basis for each response measure, and

    • (viii) a description of the location and the contents of any temporary safe refuges or a reference to the number or title of a document that provides that description;

  • The following provision is not in force.

    (e) details of all mutual aid agreements entered into with other operators;

  • The following provision is not in force.

    (f) a description of the procedures for coordinating and liaising with all relevant emergency response organizations;

  • The following provision is not in force.

    (g) a description of the communication protocols with all relevant federal, provincial, territorial and municipal agencies and Indigenous governing bodies;

  • The following provision is not in force.

    (h) a copy of all personnel evacuation plans, including any evacuation plan for divers engaged in a dive; and

  • The following provision is not in force.

    (i) an indication of the frequency with which emergency response drills and exercises are to be completed and their scope.

• The following provision is not in force.

  Marginal note:Uncontrolled flow

  (3) In the case of a drilling program or a production project, the contingency plan must also include a description of the source control and containment measures to be taken to stop uncontrolled flow from a well and to minimize the duration and environmental effects of any resulting spill, as well as the following documents and information:

  • The following provision is not in force.

    (a) a description of the source control and containment equipment to be used in the event of a loss of well control;

  • The following provision is not in force.

    (b) details of the contractual arrangements for the source control and containment equipment, other than a relief well drilling installation, including

    • (i) the name and contact information of the owner or owners of the equipment,

    • (ii) the arrangements for transport of the equipment to the location of the uncontrolled well, and

    • (iii) the arrangements for the mode of deployment of the equipment at the location of the uncontrolled well;

  • The following provision is not in force.

    (c) the schedule and plan for the mobilization, deployment and operation of the source control and containment equipment, including measures to minimize deployment time that take required regulatory approvals into account;

  • The following provision is not in force.

    (d) details regarding the accessibility of the source control and containment equipment and the documents and information referred to in paragraphs (a) to (c);

  • The following provision is not in force.

    (e) an explanation of the adequacy of each of the source control and containment measures; and

  • The following provision is not in force.

    (f) a description of any support systems and equipment that are available, including vessels and remotely operated vehicles and any consumables that may be used, such as, in the case of a relief well, a spare wellhead, spare casing and spare bulk additives.

• The following provision is not in force.

  Marginal note:Spill-treating agent

  (4) If a spill-treating agent is being considered for use as a spill response measure, the contingency plan must include the following additional documents and information:

  • The following provision is not in force.

    (a) the name of the chosen spill-treating agent and details of an assessment of its efficacy in treating the potential sources of pollutants, including the results of any tests conducted for the assessment and a description of those tests;

  • The following provision is not in force.

    (b) the results of an analysis that demonstrates that a net environmental benefit is likely to be achieved through the use of the spill-treating agent under certain circumstances;

  • The following provision is not in force.

    (c) a description of the circumstances under which the spill-treating agent will be used and the estimated period within which its use will be effective;

  • The following provision is not in force.

    (d) a description of the methods and protocols, including the amount and application rate, for safe, effective and efficient use of the spill-treating agent;

  • The following provision is not in force.

    (e) a list of the personnel roles, equipment and materials that an operator will have available for the purpose of using the spill-treating agent, including any to be provided through contractual arrangements, and a description of the requirements that must be met for those contracts to be activated; and

  • The following provision is not in force.

    (f) a monitoring plan for the use of the spill-treating agent.

• The following provision is not in force.

  Marginal note:Assessment of efficacy

  (5) The assessment of efficacy under paragraph (4)(a) must be carried out using oil obtained directly from the operations site where the spill-treating agent is being considered for use or, if oil is not available from that operations site, it must be carried out using an oil that most closely resembles the oil that is expected to be obtained from the operations site and must be repeated when oil becomes available from that operations site.

• The following provision is not in force.

  Marginal note:International standard or alternative

  (6) The assessment, analysis, methods and protocols referred to in paragraphs (4)(a), (b) and (d) must be based, taking the local environment into account, on an international standard or an alternative recognized by the Board and the contingency plan must identify each of those standards or alternatives.

• The following provision is not in force.

  Marginal note:Methods and protocols

  (7) The methods and protocols referred to in paragraph (4)(d) and the monitoring plan referred to in paragraph (4)(f) must conform to industry standards and best practices for spill-treating agent use, taking the local environment into account.

• The following provision is not in force.

  Marginal note:Definition of source control and containment equipment

  (8) In this section, source control and containment equipment means the capping stack, containment dome, any subsea and surface equipment, devices or vessels and any relief well drilling installations that are used to contain and control a spill source and to minimize the duration of a spill and its environmental effects until well control is regained.

Marginal note:Spill-treating agent — section 138.21 of Act

12 In determining for the purpose of section 138.21 of the Act whether the use of a spill-treating agent is likely to achieve a net environmental benefit, the Board must take into account

• The following provision is not in force.

  (a) the assessment of the spill-treating agent’s efficacy referred to in paragraph 11(4)(a);

• The following provision is not in force.

  (b) the results of the analysis referred to in paragraph 11(4)(b);

• The following provision is not in force.

  (c) the circumstances referred to in paragraph 11(4)(c);

• The following provision is not in force.

  (d) the methods and protocols referred to in paragraph 11(4)(d); and

• The following provision is not in force.

  (e) the monitoring plan referred to in paragraph 11(4)(f).

Marginal note:Field data acquisition program

13 In the case of a production project, an operator must develop a field data acquisition program that

• The following provision is not in force.

  (a) provides for the collection of sufficient pool pressure measurements, drill cutting and fluid samples, cores and well logs, and the carrying out of sufficient formation flow tests, analyses and surveys, to enable a comprehensive assessment of the field, of the performance of development wells, of the pool depletion scheme and of any injection scheme; and

• The following provision is not in force.

  (b) identifies the quantity of samples and cores, the evaluation data and any associated analyses, surveys and reports that are to be provided to the Board.