CANADA-NEWFOUNDLAND ATLANTIC ACCORD IMPLEMENTATION ACT
Regulations Respecting Geophysical Operations in Relation to Exploration for Petroleum in the Newfoundland Offshore Area
P.C. 1995-1175 1995-07-26
Whereas, pursuant to subsection 150(1) of the Canada-Newfoundland Atlantic Accord Implementation ActFootnote *, a copy of the proposed Regulations respecting geophysical operations in relation to exploration for petroleum in the Newfoundland offshore area, substantially in the form set out in the annexed text, was published in the Canada Gazette Part I on March 26, 1994, and a reasonable opportunity was afforded to interested persons to make representations to the Minister of Natural Resources with respect thereto;
Return to footnote *S.C. 1987, c. 3
And Whereas, pursuant to section 7 of the Canada-Newfoundland Atlantic Accord Implementation ActFootnote *, the Minister of Natural Resources has consulted the Provincial Minister for the Province of Newfoundland with respect to the proposed Regulations and the latter has given his approval for the making of those regulations;
Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to subsection 149(1)Footnote ** of the Canada-Newfoundland Atlantic Accord Implementation ActFootnote *, is pleased hereby to make the annexed Regulations respecting geophysical operations in relation to exploration for petroleum in the Newfoundland offshore area, effective on the day on which the Newfoundland Offshore Area Petroleum Geophysical Operations (Newfoundland) Regulations, made pursuant to section 145 of the Canada-Newfoundland Atlantic Accord Implementation Newfoundland Act, come into force.
Return to footnote **S.C. 1992, c. 35, s. 63
1 These Regulations may be cited as the Newfoundland Offshore Area Petroleum Geophysical Operations Regulations.
2 In these Regulations,
Act means the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act; (Loi)
complement, in respect of a vessel or platform from which a geophysical operation is conducted, means all persons on the vessel or platform whose primary duties relate to the operation of the vessel or platform; (équipage)
explosive has the same meaning as in section 2 of the Explosives Act; (explosif)
- geophysical operation
geophysical operation means the measurement or investigation, by indirect methods, of the subsurface of the earth for the purpose of locating petroleum or of determining the nature of the seabed and subsurface conditions at a proposed drilling site or of a proposed pipeline route, and includes a seismic survey, resistivity survey, gravimetric survey, magnetic survey, electrical survey and geochemical survey and any work preparatory to that measurement or investigation, such as field tests of energy sources, calibration of instruments and cable ballasting, but does not include a velocity survey or a vertical seismic survey that is not a walkaway vertical seismic survey; (étude géophysique)
- geophysical operation authorization
geophysical operation authorization means an authorization issued by the Board pursuant to paragraph 138(1)(b) of the Act to conduct a geophysical operation; (autorisation d'étude géophysique)
- geophysical crew
geophysical crew means all persons engaged in a geophysical operation, but does not include any member of the complement; (équipe d'étude géophysique)
- gravimetric survey
gravimetric survey means a geophysical operation that measures the properties of the earth's gravitational field; (étude gravimétrique)
interest has the same meaning as in section 47 of the Act; (titre)
- magnetic survey
magnetic survey means a geophysical operation that measures the properties of the earth's magnetic field; (étude magnétique)
- non-exclusive survey
non-exclusive survey means a geophysical operation that is conducted to acquire data for the purpose of sale, in whole or in part, to the public; (étude non exclusive)
operator means a person who holds a geophysical operation authorization; (exploitant)
participant means a person who is a party to an agreement pursuant to which a participation survey is conducted; (participant)
- participation survey
participation survey means a geophysical operation that is conducted by an operator pursuant to an agreement between the operator and one or more participants to acquire data that are to be shared among the participants; (étude en participation)
- seismic energy source
seismic energy source means an energy source that is used to generate acoustic waves in a seismic survey; (source d'énergie sismique)
- seismic survey
seismic survey means a geophysical operation that uses a seismic energy source to generate acoustic waves that propagate through the earth, are reflected from or refracted along subsurface layers of the earth, and are subsequently recorded; (étude sismique)
shotpoint means the surface location of a seismic energy source. (point de tir)
- 2014, c. 13, s. 116
Geophysical Operation Authorization
3 Any person may apply for a geophysical operation authorization by submitting to the Chief Conservation Officer three copies of a completed application form.
4 Subject to section 5, an application in respect of a geophysical operation shall be submitted not less than
(a) 30 days before the planned commencement date of the operation, if chemical explosives are not the proposed seismic energy source; and
(b) 90 days before the planned commencement date of the operation, if chemical explosives are the proposed seismic energy source.
5 (1) An application to extend the duration for which a geophysical operation has been authorized shall be submitted at least 15 days before the end of the period being extended or, where the commencement date is being modified, the planned new commencement date.
(2) An application in respect of any modification of a geophysical operation that has been authorized, other than a modification of its duration, shall be submitted at least 15 days before the commencement of the geophysical operation or, where the geophysical operation has commenced, the start of the geophysical operation as modified.
6 When a geophysical operation is commenced, terminated or cancelled by an operator, the operator shall forthwith notify the Chief Conservation Officer in writing of the date of commencement, termination or cancellation.
7 Every operator shall post a copy of the geophysical operation authorization in a conspicuous location in the vessel, platform or aircraft from which the geophysical operation is conducted.
Damage to Property
8 Every operator shall take all reasonable safeguards against damage to property as a result of the geophysical operation.
9 Where a fire occurs as a result of a geophysical operation, the operator shall take all safe and reasonable measures to control and extinguish the fire and to minimize any danger to persons, property or the environment that results or may reasonably be expected to result from the fire.
10 Subject to any other applicable law, every operator shall ensure that all refuse produced as a result of a geophysical operation is handled in the following manner:
(a) all fuel, oil, oily material or lubricants are collected in a closed system that is designed for that purpose;
(b) all oil or oily material that is not burned on a vessel or platform and all non-combustible material is transported in a suitable container to, and disposed of at, a suitable waste disposal facility on land; and
(c) where combustible material is burned on a vessel or platform, precautions are taken to ensure that the fire does not endanger any person or the safety of the vessel or platform.
PART IIGeophysical Operations
Air Gun System
11 Where an operator who is conducting a geophysical operation uses or intends to use an air gun as a seismic energy source, the operator shall ensure that
(a) all air gun components are maintained in good operating condition and are kept free from dirt, oil and excess grease;
(b) during the operation, the air vessels, air manifolds, air lines, electrical lines and the compressor of the air gun system are regularly inspected for signs of abrasion and wear, and that the compressor, where defective, and any defective air vessels are promptly repaired or replaced and any defective manifolds or lines are promptly replaced;
(c) all fittings, valves, hoses, electrical lines, pipes or other components used for an air gun comply with the manufacturer's specifications for that air gun;
(d) where there is air pressure in the air gun, the pressure is maintained as low as is practicable but sufficiently high to ensure that the air gun remains seated and that there is no danger of accidental firing;
(e) no maintenance of the air gun is carried out until
(i) the air pressure in the air gun and the air line connected to the air gun has been completely bled off, and
(ii) the shuttle of the air gun can be moved freely by use of a wooden safety tool to confirm that the air gun has been completely depressurized; and
(f) where more than one air gun is used as a seismic energy source, a procedure is established and followed for the connection of each air gun to its air line and pressure control valve.
Air Gun Testing
12 (1) Where an air gun is test-fired on the deck of a vessel or platform during a geophysical operation, the operator shall ensure that the person who is responsible for the operation and maintenance of the air gun is present during the test.
(2) Where a test referred to in subsection (1) is carried out, the responsible person referred to in that subsection shall ensure that
(a) before the test-firing, a siren is sounded to alert all persons aboard the vessel or platform of an impending air gun test-firing operation, in time to allow evacuation of an area within an 8 m radius of the test-firing site;
(b) not more than one air gun is test-fired at one time;
(c) before the test-firing, an inspection is done to ensure that the area within an 8 m radius of the test-firing site is clear of unauthorized persons;
(d) all pipes and hoses connected to the air gun that are subject to high pressure are secured or equipped with safety chains to prevent whipping of the pipes or hoses when air pressure is injected into them;
(e) the air pressure in the air gun is below 500 psi; and
(f) the person in charge of the vessel or platform is advised that the test is being carried out.
(3) During a geophysical operation, no air gun shall be test-fired while the air gun is in the water if there are divers within 1,500 m of the air gun.
(4) During a geophysical operation, no air gun shall be test-fired on a vessel or platform without the approval of the Chief Safety Officer.
13 Where an operator who is conducting a geophysical operation uses or intends to use a gas exploder as a seismic energy source, the operator shall ensure that
(a) no person smokes, welds or brazes in any area that is in close proximity to any gas cylinders or inflammable liquid tanks;
(b) gas storage areas are properly ventilated;
(c) all valves and fittings used on a gas cylinder are approved by the manufacturer of the cylinder for use on the cylinder;
(d) all equipment used for handling explosives is approved by the manufacturer of the equipment for the handling of explosives;
(e) every gas cylinder and inflammable liquid tank is stored in an area set aside for that purpose and signs warning of the hazard of explosion are posted in conspicuous locations in that area;
(f) every propane or butane cylinder is stored at the greatest possible distance from any oxygen cylinder or inflammable liquid tank; and
(g) every gas cylinder is protected from overheating.
Electrical Seismic Energy Sources
14 Where an operator who is conducting a geophysical operation uses or intends to use an electrical seismic energy source, the operator shall ensure that
(a) the charging and discharging circuits of the electrical seismic energy source are equipped with circuit breakers;
(b) the electrical cables of the electrical seismic energy source are protected from damage and are adequately insulated and grounded to prevent current leakage and electrical shock; and
(c) the electrical seismic energy source, when tested, is fully immersed in water.
15 Where a helicopter is used in a geophysical operation, the operator shall ensure that
(a) the helicopter deck on the vessel or platform from which the operation is conducted is designed, constructed and operated in accordance with the Guidelines Respecting Helicopter Facilities on Ships, TP 4414, published in December 1986 by the Canadian Coast Guard, as amended from time to time; and
(b) an immersion suit that complies with the Canadian General Standards Board Standard CAN/CGSB-65.17-M88, Helicopter Passenger Transportation Suit System, published in January 1988, as amended from time to time, is worn by every member of the geophysical crew who is on a flight to or from the vessel or platform from which the operation is conducted.
PART IIIOccupational Safety and Health
16 Every operator who is conducting a geophysical operation shall ensure that radio communication is maintained with all vessels and platforms in the vicinity of the operation and with a shore-based station.
Safe Working Practices
17 Every operator shall ensure that all equipment and materials that are used during a geophysical operation are handled, operated and maintained in accordance with the manufacturers' specifications.
18 Every operator who is conducting a geophysical operation shall ensure that every member of the geophysical crew
(a) wears a suitable personal flotation device at all times when the member is working on deck;
(b) is equipped with a safety belt and a safety line whenever the member is positioned or working near the cable reel or working on the back deck during periods when there is any possibility of the member falling or being thrown or swept overboard;
(c) does not work alone on the back deck; and
(d) wears high visibility clothing.
19 Every operator who is conducting a geophysical operation shall ensure that an evacuation route is set up from each work station and that the route is accessible to every member of the geophysical crew who is working at that station.
20 (1) No person shall smoke near a marine recording cable or in any area where inflammable materials or explosives are being used or stored in the course of any geophysical operation.
(2) Every operator shall post, near the cable and in each area referred to in subsection (1), a sign prohibiting smoking.
Hours of Work
21 (1) Subject to subsection (2), every operator shall ensure that no member of the geophysical crew is required to work
(a) a shift in excess of 12 consecutive hours; or
(b) two successive shifts the combined total of which exceeds 12 hours unless that member has had at least 6 consecutive hours of rest between those shifts.
(2) Subsection (1) does not apply to any member of the geophysical crew who is required to work in the case of an emergency.
Training of Geophysical Crew
22 (1) Every operator shall ensure that every member of the geophysical crew
(a) is familiar with the safety equipment that the member may use, and with the safety procedures that the member may have to carry out during the operation;
(b) undergoes the instruction, training and drills necessary to enable the member to cope with both normal operations and emergency situations;
(c) is familiar with the Safety Manual for Geophysical Field Operations, 6th edition, 1986, published by the International Association of Geophysical Contractors, as amended from time to time; and
(d) has successfully completed
(i) a survival course approved by the Chief Safety Officer, and
(ii) a helicopter underwater escape course approved by the Chief Safety Officer, where regular changes of geophysical crew by helicopter are planned.
(2) The Chief Safety Officer shall approve
(a) a course referred to in subparagraph (1)(d)(i) if the Chief Safety Officer is satisfied that the course will provide an adequate level of knowledge of the hazards and emergencies that are likely to be encountered on a vessel or platform that is engaged in a geophysical operation and of techniques for surviving those hazards and emergencies; and
(b) a course referred to in subparagraph (1)(d)(ii) if the Chief Safety Officer is satisfied that the course will provide adequate training in the methods of escaping from a helicopter that is underwater.
(3) Every operator shall ensure that only those members of the geophysical crew who are trained in the operation and maintenance of the seismic energy source and the components of seismic energy systems will be responsible for their handling and maintenance.
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