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Newfoundland and Labrador
Regulation 2009


NEWFOUNDLAND AND LABRADOR REGULATION 121/09

NEWFOUNDLAND AND LABRADOR
REGULATION 121/09

Offshore Certificate of Fitness Newfoundland
and
Labrador Regulations (Amendment)
under the
Canada-Newfoundland and
Labrador Atlantic Accord
Implementation
Newfoundland and Labrador Act
(O.C. 2009-387)

(Filed December 22, 2009)

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 St. John’s, December 22, 2009.

Gary Norris
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.4 R&S
Issuance of certificate of fitness

        3.   S.6 Amdt.
Approval of scope of work

        4.   S.7 Amdt.
Expiration date

        5.   S.9 Amdt.
Invalidity

        6.   Sch. R&S

        7.   Commencement


NLR 18/97
as amended

        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 Paragraph 2(d) of the Offshore Certificate of Fitness Newfoundland and Labrador Regulations is repealed and the following substituted: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 Section 4 of the regulations is repealed and the following substituted:

Issuance of certificate of fitness

        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 III of the Offshore Petroleum Installations Newfoundland and Labrador Regulations,

                            (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:

Expiration date

        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
(Paragraphs 4(2)(a) and 6(2)(b))

CERTIFICATION STANDARDS

PART I

PROVISIONS OF OIL AND GAS OCCUPATIONAL SAFETY AND HEALTH
REGULATIONS
UNDER THE
CANADA LABOUR CODE (CANADA)

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 NEWFOUNDLAND OFFSHORE AREA PETROLEUM DIVING NEWFOUNDLAND AND LABRADOR
REGULATIONS

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
PROVISIONS OF OFFSHORE PETROLEUM DRILLING
AND
PRODUCTION
NEWFOUNDLAND AND LABRADOR REGULATIONS, 2009

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)

Commencement

        7. These regulations come into force on December 31, 2009.