Canada Offshore Renewable Energy Regulations (SOR/2024-272)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

Act means the Canadian Energy Regulator Act. (Loi)

certifying authority

certifying authority means an organization approved by the Regulator under subsection 40(2). (autorité de certification)

control system

control system means any system, station or panel used to control the operation and monitor the status of the equipment used for an offshore renewable energy project or offshore power line. (système de contrôle)

operations site

operations site means a site where authorized work or activities are carried on in relation to an offshore renewable energy project or offshore power line. (emplacement des opérations)

operator

operator means an applicant for or holder of an authorization referred to in section 298 of the Act. (exploitant)

physical and environmental conditions

physical and environmental conditions means any physical, geotechnical, seismic, oceanographic, meteorological or ice conditions that might affect authorized work or activities. (conditions physiques et environnementales)

reportable incident

reportable incident means any of the following incidents that occur in relation to an offshore renewable energy project or offshore power line:

• (a) a loss of life;

• (b) 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;

• (c) a fire or explosion;

• (d) a collision;

• (e) any incident that has an adverse effect on the environment, produces debris or introduces into the environment any substance or form of energy that is likely to have an adverse effect on the environment, unless that adverse effect, production or introduction is authorized or explicitly anticipated in an application for an authorization;

• (f) any incident that results in damage to an archaeological site or burial ground;

• (g) a significant disruption to authorized work or activities due to the carrying on of an activity, or the introduction into the environment of a substance, by a person unrelated to the project or power line;

• (h) an impairment to the reliability of the power system of the project or power line;

• (i) the impairment of any facility, equipment or system that is critical to safety, security or environmental protection or the impairment of a support craft;

• (j) any incident that results in the implementation of emergency response procedures. (incident à signaler)

support craft

support craft means a vessel, vehicle, aircraft or other conveyance used to provide transportation or assistance to persons at an operations site. (véhicule de service)

vessel

vessel has the same meaning as in section 2 of the Canada Shipping Act, 2001. (navire)

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 document

  (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.

General Requirements

Marginal note:Carrying on work or activities

3 For the purposes of subsection 298(2) of the Act, information submitted in an application for an authorization must demonstrate that the work or activities will be carried on in a manner that is safe and secure, that protects property and the environment, that is in conformity with all applicable laws in respect of safety, security and environmental protection and that takes into account the potential impacts of climate change.

Marginal note:Level of detail

4 The information submitted in support of an application and all documents and information submitted to the Regulator to meet a condition of an authorization must provide a level of detail that is proportionate to the scope, nature and complexity of the proposed work or activities.

PART 1Offshore Renewable Energy — Wind Energy

Application

Marginal note:Application

5 This Part applies in respect of offshore renewable energy projects that exploit or aim to exploit the power of the wind to generate electricity and in respect of the offshore power lines associated with those projects.

Application for Authorization and Conditions of Authorization

Requirements for All Applications

Marginal note:Contents

6 For the purposes of subsection 298(2) of the Act, every application for authorization to carry on work or activities in relation to an offshore renewable energy project or offshore power line must include the following information and documents:

• (a) the name and contact information of the authorized representative of the operator;

• (b) the development concept for the project or power line as a whole, including any plans for overlapping or concurrent authorizations, for the proposed work or activities to be undertaken in stages or for the overall project or power line to be developed in stages;

• (c) a description of the work or activities that are the subject of the application, including

  • (i) the objectives to be attained,

  • (ii) the scope of the proposed work or activities, and

  • (iii) maps or charts showing the preferred locations of all operations sites, as well as any other locations that are being considered;

• (d) a description of the anticipated use of support craft, of any other vessel, vehicle, aircraft or conveyance and of associated equipment and systems in carrying on the work or activities that are the subject of the application;

• (e) an execution plan and a schedule for undertaking the work or activities that are the subject of the application, including, if applicable, an indication of the need for any overlapping or concurrent authorizations or for the work or activities to be undertaken in stages;

• (f) if applicable, the results of

  • (i) relevant surveys and monitoring programs, including those in respect of previously authorized work or activities in relation to the project or power line, and

  • (ii) relevant analyses and assessments based on the data from such surveys and monitoring programs;

• (g) a description of how the results referred to in paragraph (f) were taken into account in the planning of the work or activities that are the subject of the application;

• (h) a description of the measures to be taken to conform with all applicable laws in relation to safety, security or environmental protection;

• (i) a description of the potential effects that the work or activities that are the subject of the application may have on any other users of the operations site;

• (j) a list of all the permits and other authorizations that are required in relation to the work or activities that are the subject of the application;

• (k) the target levels of safety, security and environmental protection that the operator proposes to establish under section 30 for the work or activities that are the subject of the application; and

• (l) if the operator is proposing to carry on the work or activities that are the subject of the application in a manner that differs from what was proposed in a previous application, a detailed description of the proposed changes, the rationale for those changes and a description of their effect.

Conditions of Every Authorization

Marginal note:System and plans

• 7 (1) For the purposes of subsection 298(9) of the Act, every authorization is subject to the condition that the operator, before the authorized work or activities begin, develop and implement

  • (a) a management system that meets the requirements set out in section 8;

  • (b) a safety plan that meets the requirements set out in section 9;

  • (c) an environmental protection plan that meets the requirements set out in section 10; and

  • (d) an emergency management plan that meets the requirements set out in section 11.

• Marginal note:Submission and approval

  (2) Every authorization is also subject to the condition that the operator submit the following information and plans to the Regulator and obtain the Regulator’s approval of the information referred to in paragraph (b) and the plans before the authorized work or activities begin:

  • (a) the name, position and contact information of the accountable person designated under subsection 24(2);

  • (b) a description of the management system, an explanation of how it has been implemented and a statement, signed by the accountable person, confirming that it has been implemented;

  • (c) the safety plan;

  • (d) the environmental protection plan; and

  • (e) the emergency management plan.

Marginal note:Management system

• 8 (1) The management system must establish the overall framework for reducing risks to safety, security and the environment, including measures for ensuring the reliable operation of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line and for ensuring an appropriate response in case of an emergency.

• Marginal note:Overarching requirements

  (2) The management system must

  • (a) be commensurate with the scope, nature and complexity of the authorized work or activities and the associated hazards and risks;

  • (b) cover all of the authorized work or activities;

  • (c) be explicit, comprehensive and proactive; and

  • (d) foster a culture of safety.

• Marginal note:Standards

  (3) The management system must identify the management system standards on which it is based.

• Marginal note:Contents

  (4) The management system must include overarching policies, processes, procedures and protocols related to safety, security, environmental protection, the reliability of facilities, equipment and systems, and emergency response, including

  • (a) processes for establishing and maintaining measurable goals and associated performance indicators for the management system;

  • (b) processes for ensuring that persons who are assigned duties or who carry on authorized work or activities in relation to the offshore renewable energy project or offshore power line have the necessary experience, training, qualifications and competence, and receive the supervision that is necessary, for them to perform the duties or carry on the work or activities;

  • (c) policies setting out the roles, responsibilities and authority of all persons performing functions under the management system, as well as processes for making them aware of their roles, responsibilities and authority;

  • (d) processes for

    • (i) identifying hazards that may arise during the authorized work or activities, including hazards related to human and organizational factors,

    • (ii) assessing the risks associated with the identified hazards and determining the measures to be taken to minimize those risks,

    • (iii) establishing an inventory of the identified hazards and the measures to be taken to minimize the associated risks, and

    • (iv) keeping that inventory up to date;

  • (e) processes for internally and externally communicating documents and information related to safety, security, environmental protection, the reliability of facilities, equipment and systems, and emergency response, including processes for informing persons who may be exposed to a hazard of the measures that will be taken to minimize the risks associated with the hazard;

  • (f) processes for coordinating and managing the work of the operator, suppliers, service providers and other persons involved in carrying on the authorized work or activities, including processes for ensuring that the processes and procedures put in place by service providers are consistent with those put in place by the operator;

  • (g) processes for auditing and evaluating the management system to ensure that it is functioning and achieving the measurable goals and associated performance indicators referred to in paragraph (a) and processes for ensuring that, if any deficiencies or areas for improvement are identified, the management system is updated to correct those deficiencies and make improvements;

  • (h) processes for inspecting, monitoring, testing and maintaining all facilities, equipment and systems related to the offshore renewable energy project or offshore power line, including those set out in the integrity management program referred to in paragraph 18(a), if applicable, and processes for ensuring that, if any deficiencies or areas for improvement are identified, measures are taken to correct those deficiencies and make improvements;

  • (i) processes for ensuring continuous improvement, including processes for

    • (i) internally reporting hazards, reportable incidents and situations that have the potential to result in a reportable incident,

    • (ii) analyzing the hazards, reportable incidents and situations and conducting investigations,

    • (iii) identifying the root cause and causal factors of, and contributing factors to, the hazards, reportable incidents and situations, including any human or organizational factors,

    • (iv) analyzing trends in respect of the hazards, reportable incidents and situations,

    • (v) taking corrective and preventive measures, including measures to manage imminent hazards,

    • (vi) providing feedback to persons who have made a report, and

    • (vii) communicating documents and information concerning best practices or lessons learned from the hazards, reportable incidents and situations that might improve safety, security, environmental protection, the reliability of facilities, equipment and systems, and emergency response;

  • (j) processes for identifying, evaluating and managing any changes that could affect safety, security, environmental protection, the reliability of facilities, equipment and systems, and emergency response;

  • (k) processes for receiving information and fielding concerns related to safety, security and environmental protection from the general public and for reviewing and responding to such information and concerns;

  • (l) processes for ensuring that all documents associated with the management system are approved by a person with the necessary authority, reviewed periodically and, if necessary, updated;

  • (m) processes for ensuring that records associated with the management system and records that are necessary to support operational requirements or demonstrate compliance with all laws related to safety, security and environmental protection that apply in respect of the offshore renewable energy project or offshore power line are generated, classified by type, organized and retained and are readily accessible for consultation and examination by persons who require access to them; and

  • (n) processes for monitoring compliance and preventing non-compliance with the conditions of the authorization and all laws related to safety, security and environmental protection that apply in respect of the offshore renewable energy project or offshore power line.

Marginal note:Safety plan

• 9 (1) The safety plan must set out the procedures, practices and resources, as well as the sequence of key safety-related activities, that are necessary to safely carry on the authorized work or activities and must include the following information:

  • (a) a description of how the safety plan

    • (i) integrates and reflects the processes and principles included in the management system that relate to safety, and

    • (ii) ensures that the obligations set out in these Regulations with regard to safety are met;

  • (b) a summary of the studies and a description of the processes used to

    • (i) identify the safety hazards that may arise during the authorized work or activities, including any safety hazards that may arise due to activities taking place in the vicinity of the operations site, and

    • (ii) assess the safety risks associated with the identified hazards;

  • (c) a description of the hazards identified under subparagraph (b)(i) and the results of the risk assessment under subparagraph (b)(ii);

  • (d) a description of the measures to be taken to anticipate, monitor, avoid and minimize the safety risks associated with the identified hazards, including, if hazards related to ice or icing are identified, measures for detecting, anticipating, monitoring and reporting those hazards, as well as measures for data collection and, if applicable, for ice avoidance or deflection;

  • (e) an evaluation of the anticipated effectiveness of the measures referred to in paragraph (d) and of how they will assist in meeting the target levels of safety referred to in section 30;

  • (f) a description of the methods that are to be used to communicate with persons who may be directly affected by the identified hazards regarding the existence of those hazards and the measures that will be taken to minimize the associated safety risks;

  • (g) a description of all the facilities, equipment and systems that are critical to safety and are to be used during the authorized work or activities and a summary of the procedures and policies to be put in place for their inspection, testing and maintenance;

  • (h) a detailed description of all support craft and other vessels, vehicles, aircraft or conveyances that are to be used;

  • (i) a description of the training required by the persons who will carry on the authorized work or activities and the experience, qualifications and competencies that they must possess;

  • (j) a description of the authorized work or activities that involve diving operations and the measures to be taken to ensure that those operations are carried out safely and in accordance with the prevailing industry standards and best practices that are appropriate for the water depth and type of diving involved;

  • (k) a description of the measures to be taken to monitor compliance with the safety plan and to evaluate performance in relation to the plan’s objectives, including data collection and analysis, inspections and auditing;

  • (l) a description of the organizational structure and the chain of command for ensuring that the authorized work or activities are carried on safely; and

  • (m) a description of the processes to be put in place to identify, evaluate and manage any changes related to the authorized work or activities that could affect safety.

• Marginal note:Service providers

  (2) If the operator contracts for the provision of services with respect to the authorized work or activities, the safety plan must also include

  • (a) a description of how the procurement process takes into consideration service providers’ past performance in relation to safety;

  • (b) a description of service providers’ roles and responsibilities with respect to safety;

  • (c) a description of the measures to be taken to oversee the work or activities of service providers and to ensure that service providers comply with the safety plan; and

  • (d) a description of how the operator and service providers will communicate with each other regarding any safety issues that may arise during the work or activities.