Nova Scotia Offshore Area Certificate of Fitness Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/coprfit.htm

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Nova Scotia Offshore Area Certificate of Fitness Regulations
made under Section 146 of the

Canada-Nova Scotia Offshore Petroleum Resources

Accord Implementation (Nova Scotia) Act

S.N.S. 1987, c. 3

O.I.C. 96-20 (January 9, 1996), N.S. Reg. 4/96

as amended up to O.I.C. 2009-518 (Dec. 15, 2009, effective Dec. 31, 2009), N.S. Reg. 337/2009

Table of Contents

Text of Regulations

Citation

Interpretation

Application

Issuance of certificates of fitness

Conflict of interest

Approval of scope of work

Expiration date

Area of validity

Invalidity

Change of certifying authority

Schedule: Certification Standards

Part 1: Provisions of the Oil and Gas Occupational Safety and Health Regulations(Canada)

Part 2: Provisions of the Nova Scotia Offshore Area Petroleum Diving Regulations

Part 3: Provisions of the Nova Scotia Offshore Petroleum Drilling and ProductionRegulations

Citation

1     These regulations may be cited as the “Nova Scotia Offshore Area Certificate of FitnessRegulations”.

Interpretation

2     In these regulations

 

                (a)    “accommodation installation” means an installation that is used toaccommodate persons at a production site or drill site and that functionsindependently of a production installation, drilling installation or divinginstallation, and includes any associated dependent diving system;

 

                (b)    “Act” means the Canada-Nova Scotia Offshore Petroleum Resources AccordImplementation (Nova Scotia) Act;

 

                (c)    “certificate of fitness” means a certificate, in the form fixed by the Board,issued by a certifying authority in accordance with Section 4;

 

                (d)    “certifying authority” means, for the purposes of Section 136B of the Act, theAmerican Bureau of Shipping, Bureau Veritas, Det norskeVeritasClassification A/S, Germanischer Lloyd or Lloyd’s Register North America,Inc.;

Clause 2(d) replaced: O.I.C. 2009-518, N.S. Reg. 337/2009.

 

                (e)    “Chief” means the Chief Safety Officer;

 

                (f)    “dependent diving system” means a diving system that is associated with aninstallation other than a diving installation and that does not functionindependently of the installation;

 

                (g)    “dependent personnel accommodation” means personnel accommodation thatis associated with an installation other than an accommodation installation andthat does not function independently of the installation;

 

                (h)    “diving installation” means a diving system and any associated vessel thatfunctions independently of an accommodation installation, productioninstallation or drilling installation;

 

                (i)     “diving system” means the plant or equipment used in or in connection with adiving operation, and includes the plant and equipment that are essential to adiver or to a pilot of a manned submersible;

 

                (j)     “drilling base” means the stable foundation on which a drilling rig is installed,and includes the seafloor, an artificial island, an ice platform, a platform fixedto the ground or seafloor and any other foundation specially constructed fordrilling operations;

 

                (k)    “drilling installation” means a drilling unit or a drilling rig and its associateddrilling base, and includes any associated dependent diving system;

 

                (l)     “drilling rig” means the plant used to make a well by boring or other means,and includes a derrick, draw-works, rotary table, mud pump, blowoutpreventer, accumulator, choke manifold and other associated equipment,including power, control and monitoring systems;

 

                (m)   “drilling unit” means a drillship, submersible, semi-submersible, barge, jack-upor other vessel that is used in a drilling program and is fitted with a drilling rig,and includes the drilling rig and other facilities related to the drilling programthat are installed on a vessel;

 

                (n)    “drill site” means a location where a drilling rig is or is proposed to beinstalled;

 

                (o)    “installation” means a diving installation, a drilling installation, a productioninstallation or an accommodation installation;

 

                (p)    “mobile installation” means an installation that is designed to operate in afloating or buoyant mode or that can be moved from place to place withoutmajor dismantling or modification, whether or not it has its own motive power;

 

                (q)    “new installation” means an installation that is constructed after the cominginto force of these regulations;

 

                (r)    “operator” means a person who has applied for or has been issued a productionoperations authorization, a Drilling Program Authorization or a DivingProgram Authorization pursuant to clause 135(1)(b) of the Act;

 

                (s)    “production facility” means equipment for the production of oil or gas locatedat a production site, including separation, treatment and processing facilities,equipment and facilities used in support of production operations, landingareas, heliports, storage areas or tanks and dependent personnelaccommodations, but not including any associated platform, artificial island,subsea production system, drilling equipment or diving system;

 

                (t)     “production installation” means a production facility and any associatedplatform, artificial island, subsea production system, loading system, drillingequipment, facilities related to marine activities and dependent diving system;

 

                (u)    “production operation” means any operation that is related to the production ofoil or gas from a pool or field;

 

                (v)    “production site” means a location where a production installation is or isproposed to be installed;

 

                (w)   “scope of work” means the plan of activities carried out by a certifyingauthority and submitted to the Chief for approval pursuant to Section 6, for thepurposes of issuing a certificate of fitness;

 

                (x)    “subsea production system” means equipment and structures that are locatedon or below or buried in the seafloor for the production of oil or gas from, orfor the injection of fluids into, a field under a production site, and includesproduction risers, flow lines and associated production control systems.

Application

3     These regulations apply in respect of those submarine areas within the offshore area.

Issuance of certificates of fitness

4     (1)    The following installations are prescribed for the purposes of Section 136B of theAct:

 

                (a)    each production installation, accommodation installation and diving installationat a production site; and

 

                (b)    each drilling installation, diving installation and accommodation installation ata drill site.

 

       (2)    Subject to subsections (3) and (5) and Section 5, a certifying authority may issue acertificate of fitness in respect of the installations referred to in subsection (1) if thecertifying authority determines that, in relation to the production or drill site orregion in which the particular installation is to be operated,

 

                (a)    the installation;

 

                         (i)     is designed, constructed, transported and installed or established inaccordance with

 

                                  (A)   Parts I to III of the Nova Scotia Offshore Area PetroleumInstallations Regulations made under the Act,

 

                                  (B)   the provisions of the Oil and Gas Occupational Safety and HealthRegulations made under the Canada Labour Code listed in Part 1of the Schedule to these regulations, and

 

                                  (C)   the provisions of the Nova Scotia Offshore Area Petroleum DivingRegulations made under the Act that are listed in Part 2 of theSchedule to these regulations, if the installation includes adependent diving system,

[Note: the Nova Scotia Offshore Area Petroleum Diving Regulations are replaced by theCanada-Nova Scotia Offshore Area Diving Operations Safety Transitional Regulations, N.S. Reg. 230/2014,made under the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Acteffective December 31, 2014.]

 

                         (ii)    is fit for the purpose for which it is to be used and can be operated safelywithout polluting the environment, and

 

                         (iii)   will continue to meet the requirements of subparagraphs (i) and (ii) forthe period of validity that is endorsed on the certificate of fitness if theinstallation is maintained in accordance with the inspection, maintenanceand weight control programs submitted to and approved by the certifyingauthority under subsection (5); and

 

                (b)    the installation carries out the scope of work in respect of which the certificateof fitness is issued.

 

       (3)    For the purposes of subclause (2)(a)(i), the certifying authority may substitute, forany equipment, methods, measure or standard required by any regulations referred toin that subclause, equipment, methods, measures or standards the use of which isauthorized by the Chief or Chief Conservation Officer, as applicable under Section147 of the Act.

 

       (4)    The certifying authority shall endorse on any certificate of fitness it issues details ofevery limitation on the operation of the installation that is necessary to ensure thatthe installation meets the requirements of clause (2)(a).

 

       (5)    The certifying authority shall not issue a certificate of fitness unless

 

                (a)    for the purpose of enabling the certifying authority to determine whether theinstallation meets the requirements of clause (2)(a) and carries out the scope ofwork referred to in clause (2)(b), the person applying for the certificate

 

                         (i)     provides the certifying authority with all the information required by thecertifying 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)    if the programs are adequate to ensure and maintain the integrity of theinstallation, the certifying authority approves the programs referred to insubclause (a)(iii).

Section 4 replaced: O.I.C. 2009-518, N.S. Reg. 337/2009.

Conflict of interest

5     The certifying authority shall not issue a certificate of fitness in respect of an installation ifthe certifying authority has been involved, other than as a certifying authority or aclassification body, in the design, construction or installation of the installation.

Approval of scope of work

6     (1)    The certifying authority shall, for the purposes of issuing a certificate of fitness inrespect of an installation, submit a scope of work to the Chief for approval.

 

       (2)    The Chief shall approve a scope of work where the Chief determines that the scopeof work

 

                (a)    is sufficiently detailed to permit the certifying authority to determine whetherthe installation meets the requirements of clause 4(2)(a); and

Clause 6(2)(a) replaced: O.I.C. 2009-518, N.S. Reg. 337/2009.

 

(b)provides for the means for determining whether

 

                         (i)     the environmental criteria for the region or site and the loads assumed forthe installation are correct,

 

                         (ii)    in respect of a production installation, the concept safety analysisrequired by Section 43 of the Nova Scotia Offshore Area InstallationsRegulations meets the requirements of that Section,

 

                         (iii)   in respect of a new installation, the installation has been constructed inaccordance with a quality assurance program referred to in Section 4 ofthe Nova Scotia Offshore Area Installations Regulations,

 

                         (iv)   the operations manual meets the requirements of Section 63 of the NovaScotia Offshore Area Installations Regulations,

 

                         (v)    the construction and installation of the installation has been carried out inaccordance with the design specifications,

 

                         (vi)   the materials used in the construction and installation of the installationmeet the design specifications,

 

                         (vii)  the structures, facilities, equipment and systems critical to safety and tothe protection of the natural environment are in place and functioningappropriately, and

Subclause 6(2)(b)(vii) added: O.I.C. 2009-518, N.S. Reg. 337/2009.

 

                         (viii) in respect of a drilling installation or a production installation, thestructures, facilities, equipment and systems to meet the requirements ofthe provisions of the Nova Scotia Offshore Petroleum Drilling andProduction Regulations listed in Part 3 of the Schedule to theseregulations are in place and functioning appropriately.

Subclause 6(2)(b)(viii) added: O.I.C. 2009-518, N.S. Reg. 337/2009.

Expiration date

7     (1)    If the certifying authority determines that, when the installation is maintained inaccordance with the programs submitted to it under subclause 4(5)(a)(iii), theinstallation will meet the requirements of clause 4(2)(a) for a period of at least 5years, the certifying authority shall endorse on the certificate of fitness an expirationdate that is 5 years after the date of issuance.

Subsection 7(1) replaced: O.I.C. 2009-518, N.S. Reg. 337/2009.

 

       (2)    If the period of time referred to in subsection (1) is less than 5 years, the certifyingauthority shall endorse on the certificate of fitness an expiration date that is thenumber of years or months in that lesser period after the date of issuance.

Subsection 7(2) replaced: O.I.C. 2009-518, N.S. Reg. 337/2009.

 

       (3)    A certificate of fitness shall expire on the expiration date that is endorsed on it.

Area of validity

8     (1)    The certifying authority shall endorse on the certificate of fitness a description of thesite or region in which the installation is to be operated.

 

       (2)    A certificate of fitness is valid for the operation of the installation at the site or in theregion that is endorsed on it.

Invalidity

9     (1)    Subject to subsections (2) and (3), a certificate of fitness ceases to be valid where

 

(a)the certifying authority or the Chief determines

 

                         (i)     that any of the information submitted under subsection 4(5) was incorrectand that the certificate of fitness would not have been issued if thatinformation had been correct,

Subclause 9(1)(a)(i) replaced: O.I.C. 2009-518, N.S. Reg. 337/2009.

 

                         (ii)    that the installation no longer meets the requirements of clause 4(2)(a), or

Subclause 9(1)(a)(ii) replaced: O.I.C. 2009-518, N.S. Reg. 337/2009.

 

                         (iii)   that the installation has not been inspected, monitored and maintained inaccordance with any limitation endorsed on the certificate of fitness; or

 

                (b)    the Chief determines that the certifying authority has failed to carry out thescope of work relating to the installation in respect of which the certificate offitness was issued.

 

       (2)    At least 30 days before a determination is made pursuant to subsection (1), notice, inwriting, that a determination is going to be made shall be given

 

                (a)    in the case of a determination by the certifying authority, by the certifyingauthority to the Chief and the person to whom the certificate of fitness inrespect of which the determination is to be made has been issued; and

 

                (b)    in the case of a determination by the Chief, by the Chief to the certifyingauthority and the person referred to in clause (a).

 

       (3)    Before making a determination pursuant to subsection (1), the certifying authority orthe Chief, as the case may be, shall consider any information in relation to thatdetermination that is provided by any person notified pursuant to subsection (2).

Change of certifying authority

10   Where a person to whom a certificate of fitness has been issued intends to change thecertifying authority in respect of an installation, the person shall,

 

                (a)    where possible, notify the Chief at least 90 days before the change is made; and

 

                (b)    where it is not possible to notify the Chief in accordance with clause (a), notifythe Chief as soon as the person changes the certifying authority.

Schedule: Certification Standards

(clauses 4(2)(a) and 6(2)(b), Nova Scotia Offshore Area Certificate of Fitness Regulations)

Part 1: Provisions of the Oil and Gas Occupational Safety and

Health Regulations (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 2: Provisions of the Nova Scotia Offshore Area Petroleum Diving Regulations

 

1.    Clauses 9(5)(h) to (j)

2.    Subsection 12(1)

3.    Clause 12(2)(d)

4.    Clause 12(2)(g)

5.    Clause 12(2)(i)

6.    Clauses 12(2)(k) to (p)

7.    Section 13

8.    Sections 14 to 17

9.    Clause 18(a)

10.  Clause 18(c)

11.  Subsection 19(1)

12.  Clause 19(2)(a)

13.  Section 23

14.  Clause 25(a)

[Note: the Nova Scotia Offshore Area Petroleum Diving Regulations are replaced by theCanada-Nova Scotia Offshore Area Diving Operations Safety Transitional Regulations, N.S. Reg. 230/2014,made under the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Acteffective December 31, 2014.]

Part 3: Provisions of the Nova Scotia Offshore Petroleum Drilling

and Production Regulations

1.    Clause 5(2)(e), except in respect of support craft

2.    Clause 19(i)

3.    Clause 22(b)

4.    Section 23

5.    Section 25

6.    Clause 26(b)

7.    Sections 27 to 30

8.    Sections 34 and 35

9.    Subsection 36(1)

10.  Section 37

11.  Clauses 45(a) and (b)

12.  Sections 47 and 48

13.  Clauses 62(a) to (c)