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
(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.
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