NEWFOUNDLAND REGULATION 15/97

CNR 738/96

1. Section 1 of the Offshore Area Petroleum Diving Regulations is amended by deleting the words "Offshore Area Petroleum Diving Regulations" and substituting the words "Offshore Area Petroleum Diving Newfoundland Regulations".

2. (1) Paragraph 2(a) of the regulations is repealed and the following substituted:

(a) "acceptable standard" means an applicable standard that is acceptable to the Chief Safety Officer;

(2) Section 2 of the regulations is amended by adding immediately after paragraph (t) the following:

(t.1) "certificate of fitness" means a certificate, in the form prescribed by the board;

(t.2) "certifying authority" has the same meaning as in section 2 of the Offshore Certificate of Fitness Newfoundland Regulations;

(3) Paragraph 2(ii) of the regulations is repealed and the following substituted:

(ii) "diving doctor" means a medical doctor who

(i) is licensed and registered to practise in a province,

(ii) has completed a diving medical course acceptable to the Chief Safety Officer, and

(iii) has been accepted in writing by the Chief Safety Officer to certify divers for the purposes of paragraph 53(b),

but who has not been accepted by the Chief Safety Officer to provide medical assistance under pressures greater than atmospheric pressure;

(4) Paragraph (tt) of the regulations is repealed and the following substituted:

(tt) "hyperbaric first aid technician" means a person who has successfully completed an advanced hyperbaric first aid course acceptable to the Chief Safety Officer;

(5) Paragraph (yy) of the regulations is repealed and the following substituted:

(yy) "life-support technician" means a person who has successfully completed a life-support technician's course acceptable to the Chief Safety Officer and who has satisfied the Chief Safety Officer that the person has attained a level of competence in all aspects of all types of diving techniques, including

(i) emergency procedures,

(ii) hyperbaric first aid, and

(iii) operation of life-support systems;

(6) Paragraph (iii) of the regulations is repealed and the following substituted:

(iii) "recognized body" means an organization, a classification society, a certifying authority, a group of persons or an individual that is acceptable to the Chief Safety Officer as having the expertise and experience to set standards for, or to inspect and certify, diving plant and equipment or parts of it;

(7) Paragraph (nnn) of the regulations is repealed and the following substituted:

(nnn) "specialized diving doctor" means a diving doctor who

(i) has completed an advanced diving medical course acceptable to the Chief Safety Officer, and

(ii) has been accepted in writing by the Chief Safety Officer to provide medical assistance under pressures greater than atmospheric pressure;

3. Sections 4 and 5 of the regulations are repealed and the following substituted:

Authorization

4. (1) A person may apply for an authorization under paragraph 134(1)(b) of the Act in respect of a proposed diving program by forwarding to the Chief Safety Officer an application completed in triplicate in the form prescribed by the board.

(2) An authorization under paragraph 134(1)(b) of the Act in respect of a proposed diving program is, in addition to other requirements of these regulations, subject to the requirements that the operator and the diving contractor of the diving program shall

(a) maintain the level of performance of the diving crew, diving plant and equipment and a craft or installation used in the diving program at or above the level of performance indicated in the application referred to in subsection (1) and accepted by the Chief Safety Officer, for the authorization for the diving program, as the level of performance at which the diving program will be carried on;

(b) where the operator or the diving contractor proposes to replace a supervisor involved in the diving program or appoint an additional supervisor, provide the Chief Safety Officer with evidence that a replacement or additional supervisor who will be involved in the diving program meets the criteria set out in section 27, 29, 31 or 33 to supervise the category of dive the supervisor will be supervising; and

(c) where, in an area in which the diving program is being carried on, the environmental conditions during any period become more severe than the environmental conditions indicated in the application as being the most severe environmental conditions under which the diving program would be carried on, cease to carry on the diving program in that area during that period.

(3) An authorization may not be given under paragraph 134(1)(b) of the Act in respect of a proposed diving program unless the applicant provides the Chief Safety Officer with evidence

(a) that a diving safety specialist was consulted on all safety aspects of the diving program;

(b) that a diving safety specialist will be available on a 24 hour a day basis to advise a person involved in the diving program, including a person making decisions affecting the safety of divers involved in the diving program, on all safety aspects of the diving program;

(c) that a supervisor who will be involved in the diving program meets the criteria set out in section 27, 29, 31 or 33 to supervise the category of dive the supervisor will be supervising;

(d) that the services of a specialized diving doctor, who is familiar with the diving procedures to be used in the diving operation that will form part of the diving program and who is within a travelling distance of the diving operation that is acceptable to the Chief Safety Officer, will be available ton a 24 hour a day basis to a person involved in the diving program;

(e) of certificates issued by the manufacturer or a recognized body in respect of the diving plant and equipment to be used in the diving program; and

(f) where a diving program is to be conducted by a diving contractor who is not also the operator of the diving program, that the diving contractor is able to meet any liability for loss, damage, costs or expenses that may be incurred by the diving contractor as a result of the diving program.

(4) An authorization may not be given under paragraph 134(1)(b) of the Act in respect of a proposed diving program unless approval has been granted by the Chief Safety Officer for the following:

(a) the procedures manual that contains the procedures to be followed in the diving program, including the procedures referred to in Schedule A;

(b) schematic drawings showing the general arrangement of a diving plant and equipment to be used in the diving program and their location on board the craft or installation on which or from which they will be used in the diving program;

(c) where a craft is to be used in the diving program and is to be used in a manner referred to in subparagraph 12(2)(p)(iv), to be approved in accordance with section 5, the manner in which the craft is to be used;

(d) a use in the diving program of a craft in the dynamically positioned mode and the dynamically positioned diving operational capacity graph in respect of the craft;

(e) where a diving submersible is to be used in the diving program and is to be secured in a manner referred to in subparagraph 18(b)(iii), to be approved in accordance with section 5, the manner in which the diving submersible is to be secured;

(f) experimental equipment or techniques to be used in the program; and

(g) the contingency plan to be followed in the diving program including the emergency procedures referred to in Schedule B and the particulars of an additional evacuation, rescue and treatment facilities and devices to be provided for use in the diving program.

(5) An authorization may not be issued under paragraph 134(1)(b) of the Act in respect of a proposed diving program unless a valid certificate of fitness is in force in respect of the diving plant and equipment to be used in the diving program.

(6) An authorization referred to in subsection (5) is subject to the certificate of fitness remaining valid and in force.

Approval by Chief Safety Officer

5. (1) The Chief Safety Officer is authorized to grant, in accordance with subsection (2), an approval prescribed in these regulations and to make that approval subject to, in addition to the requirements prescribed in these regulations, those requirements, terms or conditions as he or she determines.

(2) The Chief Safety Officer shall provide a person with evidence of an approval granted to the person under subsection (1).

(3) The Chief Safety Officer is authorized to suspend or revoke an approval referred to in subsection (1) for failure to comply with or for contravention of the terms and conditions subject to which the approval was granted.

(4) Where the Chief Safety Officer suspends or revokes an approval granted to a person under subsection (3), the Chief Safety Officer shall give the person an opportunity to show cause why the approval should not be suspended or revoked.

4. Paragraphs 6(1)(i), (j) and (k) of the regulations are repealed and the following substituted:

(i) in the event that a member of a diving crew involved in the diving program meets with an accident, notify the Chief Safety Officer or a safety officer of the accident by the most rapid and practicable means and submit to the Chief Safety Officer or the safety officer a report of the accident in the form prescribed by the board;

(j) in the event of a serious illness affecting a member of a diving crew involved in the diving program or an incident in connection with the diving program,

(i) notify the Chief Safety Officer or a safety officer of the illness or incident as soon as possible,

(ii) investigate the cause of the illness or incident, and

(iii) submit to the Chief Safety Officer or the safety officer a report of that illness or incident, including, in the case of an incident, a report in the form prescribed by the board;

(k) submit to the Chief Safety Officer a monthly report of all injuries of a diving crew involved in a diving operation that is part of the diving program; and

5. Subsection 7(2) of the regulations is amended by deleting the phrase "as the board determines under paragraph 134(1)(b) of the Act" and inserting the phrase "of the Chief Safety Officer".

6. (1) Paragraph 9(5)(g) of the regulations is repealed and the following substituted:

(g) maintain, at the craft or installation from which the diving operation is conducted, 2 copies of these regulations and a copy of the applicable procedures manual and make them available to a person involved or to be involved in the diving operation and, on request, to the Chief Safety Officer or a safety officer;

(2) Paragraph 9(5)(o) of the regulations is repealed and the following substituted:

(o) produce, on request, logbooks, records or copies referred to in paragraph (n) for inspection by the Chief Safety Officer or a safety officer.

7. Paragraph 24(b) of the regulations is repealed and the following substituted:

(b) arrange for the services, on a 24 hour a day basis, of a specialized diving doctor, referred to in paragraph 4(3)(d), who is familiar with the diving procedures to be used in the diving operation and who is within a travelling distance of the diving operation that is acceptable to the Chief Safety Officer, to provide medical assistance in the event of an emergency;

8. Subparagraph 27(c)(i) of the regulations is repealed and the following substituted:

(i) issued on the basis of training and experience that is equivalent to the training and experience required of a person to obtain a certificate under section 28, 30 or 32, and

9. Clause 28(1)(a)(i)(A) of the regulations is repealed and the following substituted:

(A) issued on the basis of training and experience that is equivalent to the training and experience required of a person to obtain a certificate under section 54, and

10. Subparagraph 29(c)(i) of the regulations is repealed and the following substituted:

(i) issued on the basis of training and experience that is equivalent to the training and experience required of a person to obtain a certificate under section 30 or 32, and

11. Clause 30(1)(a)(i)(A) of the regulations is repealed and the following substituted:

(A) issued on the basis of training and experience that is equivalent to the training and experience required of a person to obtain a certificate under section 56, and

12. Subparagraph 31(c)(i) of the regulations is repealed and the following substituted:

(i) issued on the basis of training and experience that is equivalent to the training and experience required of a person to obtain a certificate under section 32, and

13. Clause 32(1)(a)(i)(A) is repealed and the following substituted:

(A) issued on the basis of training and experience that is equivalent to the training and experience required of a person to obtain a certificate under section 58, and

14. Subparagraph 33(d)(i) is repealed and the following substituted:

(i) issued on the basis of training and experience that is equivalent to the training and experience required of a person to obtain a certificate under section 34, and

15. Clause 34(1)(a)(i)(A) of the regulations is repealed and the following substituted:

(A) issued on the basis of training and experience that is equivalent to the training and experience required of a person to obtain a certificate under section 65, and

16. Sections 35 and 36 of the regulations is repealed and the following substituted:

Restrictions respecting supervisor's certificate and document

35. (1) The Chief Safety Officer may insert in a supervisor's certificate issued under section 28, 30, 32, 34 or 71, or attach to a document referred to in subparagraph 28(1)(a)(i), 30(1)(a)(i), 32(1)(a)(i) or 34(1)(a)(i), restrictions with respect to the supervision of a diving operation by the holders of the certificate or the document where the Chief Safety Officer considers those restrictions necessary for safety reasons.

(2) Where the Chief Safety Officer inserts a restriction in a certificate or attaches a restriction to a document under subsection (1), the Chief Safety Officer shall give the holder of the certificate or the document an opportunity to show cause why the restriction should not be so inserted or attached.

Invalidation of supervisor's certificate

36. (1) The Chief Safety Officer may invalidate a supervisor's certificate issued under section 28, 30, 32, 34 or 71 where, in the opinion of the Chief Safety Officer, the holder of the certificate has become incompetent or incapacitated.

(2) Where the Chief Safety Officer proposes to invalidate a supervisor's certificate under subsection (1), the Chief Safety Officer shall give the holder of the certificate at least 30 days' notice in writing setting out the reasons for the proposed invalidation and shall give the holder an opportunity to show cause why the certificate should not be invalidated.

17. Subsection 50(4) of the regulations is repealed.

18. Paragraph 51(5)(a) of the regulations is repealed.

19. Clause 53(d)(ii)(A) of the regulations is repealed and the following substituted:

(A) issued on the basis of training and experience that is equivalent to the training and experience referred to in paragraph 54(1)(a), and

20. Subsection 54(1) of the regulations is repealed and the following substituted:

Category I diving certificates

54. (1) The Chief Safety Officer may, on application, issue a category I diving certificate that is valid for one year to a person who has attained a standard of competence in category I diving that is acceptable to the Chief Safety Officer and who

(a) holds a first aid certificate acceptable to the Chief Safety Officer and has

(i) successfully completed, at a school, institution or company acceptable to the Chief Safety Officer, training in the theoretical and practical aspects of diving appropriate to category I diving, including

(A) the use of air as a breathing mixture,

(B) surface-oriented diving techniques and operational procedures,

(D) the use and operation of a diving plant and equipment, including hand-held tools,

(E) the use of communications systems,

(F) the use of decompression tables,

(G) emergency procedures, including hyperbaric first aid techniques and the operation of surface compression chambers, and

(H) a thorough study of these regulations, and

(ii) made at least 50 dives in various environmental conditions and locations and for various purposes with a bottom time totalling at least 50 hours, including

(A) at least 40 dives to depths of up to 20 metres with a bottom time totalling at least 43 hours, of which at least 10 were dives to depths of between 15 metres and 20 metres with a bottom time totalling at least 7 hours, and

(B) at least 10 dives to depths of between 20 metres and 50 metres with a bottom time totalling at least 7 hours, of which at least 3 hours were at depths of between 40 metres and 50 metres and at least one hour was at a depth of at least 50 metres;

(b) held a category I diving certificate that was issued under this subsection but is no longer valid because it was not renewed under subsection (2) and who made at least 28 dives with a bottom time totalling at least 24 hours during the 12 months preceding the application;

(c) until December 31, 1990, has satisfied the board that the person's training and experience are equivalent to the training and experience described in paragraph (a); or

(d) holds a valid document referred to in paragraph 53(d).

21. Clause 55(1)(b)(ii)(A) of the regulations is repealed and the following substituted:

(A) issued on the basis of training and experience that is equivalent to the training and experience referred to in paragraph 56(1)(a), and

22. Subsection 56(1) is repealed and the following substituted:

Category II diving certificates

56. (1) The Chief Safety Officer may, on application, issue a category II diving certificate that is valid for one year to a person who has attained a standard of competence in category II diving that is acceptable to the board and who

(a) has

(A) the use of mixed gas as a breathing mixture,

(B) mixed gas diving techniques and operational procedures,

(D) a type of underwater work generally done by a diver,

(E) the use of communications systems,

(F) emergency procedures, including hyperbaric first aid techniques and the operation of compression chambers, and

(G) a thorough study of these regulations, and

(ii) been employed to make category I dives for at least the 12 months preceding the application and has made at least 60 dives in a diving bell or diving submersible with a bottom time totalling at least 20 hours, including at least 30 lock-out dives of which 4 were to a depth of more than 50 metres, 2 were to a depth of more than 80 metres and one was to a depth of 100 metres or more, with a bottom time totalling at least 30 minutes per lock-out dive;

(b) held a category II diving certificate that was issued under this subsection but is no longer valid because it was not renewed under subsection (2) and who made at least 28 dives with a bottom time totalling at least 24 hours of which at least 10 dives were category II dives with a bottom time totalling at least 10 hours during the 12 months preceding the application;

(c) until December 31, 1990, has satisfied the board that the person's training and experience are equivalent to the training and experience described in paragraph (a); or

(d) holds a valid document referred to in paragraph 55(1)(b).

23. Subparagraph 57(1)(b)(i) of the regulations is repealed and the following substituted:

(i) issued on the basis of training and experience that is equivalent to the training and experience described in paragraph 58(1)(a), and

24. Subsection 58(1) of the regulations is repealed and the following substituted:

Category III diving certificate

58. (1) The Chief Safety Officer may, on application, issue a category III diving certificate that is valid for one year to a person who has attained a standard of competence in category III diving that is acceptable to the Chief Safety Officer and who

(a) has

(i) successfully completed at a school, institution or company acceptable to the Chief Safety Officer, training in the theoretical and practical aspects of diving appropriate to category III diving, including

(A) at least one saturation dive to a depth of not less than 75 metres with at least 2 lock-out dives with a bottom time totalling at least 30 minutes per lock-out dive,

(B) saturation diving techniques and operational procedures,

(D) a type of underwater work generally done by a diver,

(E) emergency procedures relevant to saturation diving, including hyperbaric first aid techniques and the operation of compression chambers, and

(F) a thorough study of these regulations, and

(ii) been employed to make category II dives for at least the 2 years preceding the application and has made at least 24 category II dives;

(b) held a category III diving certificate that was issued under this subsection but is no longer valid because it was not renewed under subsection (2) and who made at least 28 dives with a bottom time totalling at least 32 hours, including at least 10 category II dives with a bottom time totalling at least 10 hours and at least one saturation dive during the 12 months preceding the application;

(c) until December 31, 1990, has satisfied the board that the person's training and experience are equivalent to the training and experience referred to in paragraph (a); or

(d) holds a valid document referred to in paragraph 57(1)(b).

25. Section 59 of the regulations is repealed and the following substituted:

Restrictions respecting diving certificates and documents

59. (1) The Chief Safety Officer may insert in a diving certificate issued under section 54, 56, 58 or 71, or attach to a document referred to in paragraph 53(d), 55(1)(b) or 57(1)(b), restrictions on diving by the holder of the certificate or document where the Chief Safety Officer considers those restrictions necessary for safety reasons.

(2) Where the Chief Safety Officer inserts a restriction in a certificate or attaches a restriction to a document under subsection (1), the Chief Safety Officer shall give the holder of the certificate or document an opportunity to show cause why that restriction should not be so inserted or attached.

26. Subsection 60(2) of the regulations is repealed and the following substituted:

(2) Where a diving doctor inserts medical restrictions in a diver's medical certificate under subsection (1) or certifies in a medical certificate in a diver's logbook that the diver is medically unfit to dive, the Chief Safety Officer shall, on application by the diver within one month after the insertion or certification by the diving doctor, review that certificate and the diver's medical examination record related to that certificate with one or more specialized diving doctors.

27. Section 61 of the regulations is repealed and the following substituted:

Invalidation of diving certificates

61. (1) The Chief Safety Officer may invalidate a diving certificate issued under section 54, 56, 58 or 71 where, in the opinion of the Chief Safety Officer, the holder of the certificate has become incompetent or incapacitated.

(2) Where the Chief Safety Officer proposes to invalidate a diving certificate under subsection (1), the Chief Safety Officer shall give the holder of the certificate at least 30 days' notice in writing setting out the reasons for the proposed invalidation and shall give the holder an opportunity to show cause why the certificate should not be invalidated.

28. Paragraph 63(5)(a) of the regulations is repealed.

29. Subparagraph 64(d)(i) of the regulations is repealed and the following substituted:

(i) issued on the basis of training and experience that is equivalent to the training and experience referred to in paragraph 65(1)(a), and

30. Subsection 65(1) of the regulations is repealed and the following substituted:

Pilot's certificate

65. (1) The Chief Safety Officer may, on application, issue a pilot's certificate that is valid for one year to a person who has attained a standard of competence in the operation of an ADS that is acceptable to the Chief Safety Officer and who

(a) has successfully completed at least 40 hours of technical training in the design, construction, use and maintenance of an ADS at a school, institution or company acceptable to the Chief Safety Officer and who has made at least 25 ADS dives under various conditions with a bottom time totalling at least 40 hours;

(b) held a pilot's certificate that was issued under this subsection but is no longer valid because it was not renewed under subsection (2) and who has made at least 6 ADS dives with a bottom time totalling at least 20 hours to an average depth of at least 20 metres during the 12 months preceding the application;

(c) until December 31, 1990, has satisfied the board that the person's training and experience are equivalent to the training and experience described in paragraph (a); or

(d) holds a valid document referred to in paragraph 64(d).

31. Section 66 of the regulations is repealed and the following substituted:

Restrictions re pilot's certificates and documents

66. (1) The Chief Safety Officer may insert in a pilot's certificate issued under section 65 or 71, or attach to a document referred to in paragraph 64(d), restrictions on the piloting of an ADS by the holder of the certificate or document where the Chief Safety Officer considers those restrictions necessary for safety reasons.

(2) Where the Chief Safety Officer inserts a restriction in a certificate or attaches a restriction to a document under subsection (1), the Chief Safety Officer shall give the holder of the certificate or document an opportunity to show cause why that restriction should not be so inserted or attached.

32. Section 68 of the regulations is repealed and the following substituted:

Invalidation of pilot's certificates

68. (1) The Chief Safety Officer may invalidate a pilot's certificate issued under section 65 or 71 where, in the opinion of the Chief Safety Officer, the holder of the certificate has become incompetent or incapacitated.

(2) Where the Chief Safety Officer proposes to invalidate a pilot's certificate under subsection (1), the Chief Safety Officer shall give the holder of the certificate at least 30 days' notice in writing setting out the reasons for the proposed invalidation and shall give the holder an opportunity to show cause why the certificate should not be invalidated.

33. Paragraph 69(5)(a) of the regulations is repealed.

34. Section 71 of the regulations is repealed and the following substituted:

Permanent certificates

71. (1) Where a person holds a certificate issued by the Chief Safety Officer under section 28, 30, 32, 43, 54, 56, 58 or 65 or holds a valid document that has been accepted by the Chief Safety Officer under paragraph 27(c), 29(c), 31(c) or 33(d), 34(1)(a), 53(d), 55(1)(b), 57(1)(b) or 64(d) and has held that certificate or document for at least 5 years, the Chief Safety Officer may, on application, issue the person a certificate for the same category as the certificate or document that is held, and that certificate shall be valid, subject to section 36, 61 or 68, as applicable, for as long as the person is certified to be medically fit in accordance with paragraph 27(b), 53(b) or 64(b), as applicable.

(2) Where a person satisfies the Chief Safety Officer that, for at least the period of 5 years before the date of making an application under this subsection, the person would have qualified for a certificate under these regulations if the person had applied for one, the Chief Safety Officer may, on application, issue to the person a certificate for the same category as the certificate that the person would have qualified for, and that certificate shall be valid, subject to section 36, 61 or 68, as applicable, for as long as the person is certified to be medically fit in accordance with paragraph 27(b), 53(b) or 64(b), as applicable.

Multi-section Amdt.

35. The regulations are amended by substituting the expression "Chief Safety Officer" for the word "board" wherever the latter word appears in the following provisions:

(a) subparagraph 26(1)(a)(i);

(b) subparagraph 27(b)(ii);

(d) that portion of subsection 28(1) preceding paragraph (a);

(e) clause 28(1)(a)(i)(B);

(f) subparagraphs 28(1)(a)(iii) and (iv);

(g) subsection 28(2);

(h) subparagraph 29(c)(ii);

(i) that portion of subsection 30(1) preceding paragraph (a);

(j) clause 30(1)(a)(i)(B);

(k) subparagraphs 30(1)(a)(iii) and (iv);

(l) subsection 30(2);

(m) subparagraph 31(c)(ii);

(n) that portion of subsection 32(1) preceding paragraph (a);

(o) clause 32(1)(a)(i)(B);

(p) subparagraph 32(1)(a)(iii) and (iv);

(q) subsection 32(2);

(r) subparagraph 33(d)(ii);

(s) that portion of subsection 34(1) preceding paragraph (a);

(t) clause 34(1)(a)(i)(B);

(u) subparagraph 34(1)(a)(iii);

(v) subsection 34(2);

(w) subparagraph 53(b)(iii);

(x) clause 53(d)(ii)(B);

(y) subsection 54(2);

(z) clause 55(1)(b)(ii)(B);

(aa) subsection 56(2);

(bb) subparagraph 57(1)(b)(ii);

(cc) subsection 58(2);

(dd) subparagraph 64(b)(ii);

(ee) subparagraph 64(d)(ii);

(ff) subsection 65(2); and

(gg) subsection 67(2).

(Includes correction of October 17, 1997.)