This is an official version. Copyright © 2009: Queen's Printer, Important Information
Newfoundland and Labrador
Offshore
Certificate of Fitness (Filed Under the authority of section 145 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, the Lieutenant-Governor in Council makes the following regulations. Dated at Gary Norris REGULATIONS Analysis 1.
S.2 Amdt. 2.
S.4 R&S 3.
S.6 Amdt. 4.
S.7 Amdt. 5.
S.9 Amdt. 6. Sch. R&S 7. Commencement
1. Paragraph 2(d) of the Offshore Certificate of Fitness Newfoundland and Labrador Regulations
is repealed and the following substituted: (d) "certifying authority" means, for the purposes of section 135.2 of the Act, the American Bureau of Shipping, Bureau Veritas, Det norske Veritas Classification A/S, Germanischer Lloyd or Lloyd's Register North America, Inc.;
2. Section 4 of the regulations is repealed and the following substituted:
4. (1) The
following installations are prescribed for the purposes of section 135.2 of the
Act: (a) each production
installation, accommodation installation and diving installation at a
production site; and (b) each drilling
installation, diving installation and accommodation installation at a drill
site. (2) Subject to subsections (3) and (5) and section
5, a certifying
authority may issue a certificate of fitness in respect of the installations referred
to in subsection (1), where the certifying authority (a) determines that, in
relation to the production or drill site or region in which the particular
installation is to be operated, the installation (i) is
designed, constructed, transported and installed or established in accordance with (A) Parts I to (B) the provisions of the Oil and Gas Occupational
Safety and Health Regulations listed in Part I of the schedule, and (C) the provisions of the Offshore Area Petroleum Diving Newfoundland
and Labrador Regulations listed
in Part 2 of the schedule, where the installation includes a dependent diving
system, (ii) is fit for the
purpose for which it is to be used and can be operated safely without polluting
the environment, and (iii) will continue to meet the requirements of
subparagraphs (i) and (ii) for the period of validity
that is endorsed on the certificate of fitness if the installation is
maintained in accordance with the inspection, maintenance and weight control
programs submitted to and approved by the certifying authority under subsection
(5); and (b) carries out the scope
of work in respect of which the certificate of fitness is issued. (3) For the purposes of subparagraph (2)(a)(i), the certifying authority may substitute, for any
equipment, methods, measure or standard required by any regulations referred to
in that subparagraph, equipment, methods, measures or standards the use of
which is authorized by the Chief or Chief Conservation Officer, as applicable
under subsection 146(1) of the Act. (4) The certifying authority shall endorse on any
certificate of fitness it issues details of every limitation on the operation
of the installation that is necessary to ensure that the installation meets the
requirements of paragraph (2)(a). (5) The certifying authority shall not issue a
certificate of fitness unless, for the purpose of enabling the certifying
authority to determine whether the installation meets the requirements of
paragraph (2)(a) and to carry out the scope of work referred to in paragraph
(2)(b), (a) the person applying
for the certificate (i) provides
the certifying authority with all the information required by the certifying
authority, (ii) carries out or
assists the certifying authority to carry out every inspection, test or survey
required by the certifying authority, and (iii) submits to the certifying authority an
inspection and monitoring program, a maintenance program and a weight control
program for approval; and (b) where the programs are adequate to ensure and maintain the integrity of the installation, the certifying authority approves the programs referred to in subparagraph (a)(iii).
3. (1) Paragraph 6(2)(a)
of the regulations is repealed and the following substituted: (a) is sufficiently
detailed to permit the certifying authority to determine whether the
installation meets the requirements of paragraph 4(2)(a); and (2) Paragraph 6(2)(b) of the regulations is
amended by deleting the word "and" at the end of subparagraph (v), by
deleting the period at the end of subparagraph (vi) and substituting a comma, and by adding immediately after that
subparagraph the following: (vii) the structures,
facilities, equipment and systems critical to safety, and to the protection of
the natural environment, are in place and functioning appropriately, and (viii) in respect of a drilling installation or a
production installation, the structures, facilities, equipment and systems to
meet the requirements of the provisions of the Offshore Petroleum Drilling and Production Newfoundland and Labrador
Regulations, 2009 listed in Part 3 of the schedule are in place and
functioning appropriately.
4. Subsections 7(1) and (2) of the regulations are repealed and the following substituted:
7. (1) Where
the certifying authority determines that, when the installation is maintained
in accordance with the programs submitted to it under subparagraph 4(5)(a)(iii), the installation will meet the requirements of
paragraph 4(2)(a) for a period of at least five years, the certifying authority
shall endorse on the certificate of fitness an expiration date that is five
years after the date of issuance. (2) Where the period of time referred to in
subsection (1) is less than five years, the certifying authority shall endorse
on the certificate of fitness an expiration date that is the number of years or
months in that lesser period after the date of issuance.
5. Subparagraphs 9(1)(a)(i) and (ii) of the regulations are repealed and the
following substituted: (i) that
any of the information submitted under subsection 4(5) was incorrect and that
the certificate of fitness would not have been issued if that information had
been correct, (ii) that the installation
no longer meets the requirements of paragraph 4(2)(a), or
6. The schedule to the regulations is repealed and the following substituted: Schedule CERTIFICATION STANDARDS PART I PROVISIONS OF 1. Sections 3.2 to 3.11 2. Section 5.1 3. Section 6.3 4. Sections 7.1 to 7.6 5. Section 9.5 6. Sections 9.11 and 9.12 7. Subsection 9.14(1) 8. Subsection 10.6(1) 9. Sections 10.9 to 10.11 10. Sections 10.14 to 10.16 11. Section 10.18 12. Sections 10.24 and 10.25 13. Section 10.27 14. Sections 10.35 to 10.37 15. Subsection 10.38(1) 16. Subsection 10.38(4) 17. Section 11.7 18. Section 11.9 19. Section 13.11 20. Subsection 13.16(4) 21. Section 14.13 22. Section 14.19 23. Sections 15.3 to 15.5 24. Sections 15.9 to 15.11 25. Section 15.13 26. Sections 15.21 and 15.22 27. Section 15.44 28. Subsections 15.47(1) and (2) 29. Subsection 15.49(2) 30. Section 15.50 31. Section 17.13 32. Paragraphs 17.14(b) and (c) 33. Paragraph 17.14(e) 34. Subparagraph 17.14(f)(i) 35. Section 18.2 36. Sections 18.6 to 18.8 PART II PROVISIONS OF 1. Paragraphs 9(5)(h)
to (j) 2. Subsection 12(1) 3. Paragraph 12(2)(d) 4. Paragraph 12(2)(g) 5. Paragraph 12(2)(i) 6. Paragraphs 12(2)(k)
to (p) 7. Section 13 8. Sections 14 to 17 9. Paragraph 18(a) 10. Paragraph 18(c) 11. Subsection 19(1) 12. Paragraph 19(2)(a) 13. Section 23 14. Paragraph 25(a) PART III 1. Paragraph 6(2)(e),
except in respect of support craft 2. Paragraph 20(i) 3. Paragraph 23(b) 4. Section 24 5. Section 26 6. Paragraph 27(b) 7. Sections 28 to 31 8. Sections 35 and 36 9. Subsection 37(1) 10. Section 38 11. Paragraphs 46(a) and (b) 12. Sections 48 and 49 13. Paragraphs 63(a) to (c)
7. These regulations come into force on ©Earl G. Tucker, Queen's Printer |