GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Offshore Renewable Energy Regulations — 29
Design requirements 29 (1) The operator must ensure that all facilities, equipment and systems related to the offshore renewable energy project or offshore power line are designed (a) in such a way as to ensure safety, security and environmental protection, including by achieving the target levels of safety, security and environmental protection established under section 30 ; (b) using the best available technologies for minimizing adverse effects on persons, infrastructure and the environment that are economically feasible to implement; and (c) in accordance with prevailing industry standards and best practices. Factors to be taken into account (2) The design of the facilities, equipment and systems must take into account their intended use, their location and any site-specific physical and environmental conditions. Physical and environmental conditions (3) The operator must ensure that every facility related to the offshore renewable energy project or offshore power line is designed to withstand or avoid all reasonably foreseeable site-specific physical and environmental conditions, including any reasonably foreseeable combination of those conditions, without its structural integrity or any associated equipment or systems that are critical to safety, security and environmental protection being compromised.
Canada Offshore Renewable Energy Regulations — 30
Target levels 30 (1) The operator must establish measurable target levels of safety, security and environmental protection for each work or activity carried on in relation to the offshore renewable energy project or offshore power line. Quantitative or qualitative assessment (2) The target levels of safety, security and environmental protection must be based on a quantitative assessment unless quantitative assessment methods are inappropriate or the quantitative data is not reliable, in which case the target levels must be based on a qualitative assessment.
Canada Offshore Renewable Energy Regulations — 31
Critical software 31 (1) The operator must ensure that any software that is critical to safety, security or environmental protection is (a) secure, reliable and capable of being updated; (b) designed, commissioned and updated in a competent manner; and (c) demonstrated to be fit for the purposes for which it is to be used through a testing and validation process that takes into consideration (i) all foreseeable operating conditions and emergency situations, and (ii) system complexity, the dependencies and interactions among systems, software failure modes and the level of risk associated with system failure or malfunction. Modifications to software features (2) The features of the software referred to in subsection (1) must not be modified unless the necessary internal approvals for the modification are obtained, including the approval of the facility manager. Testing and validation (3) The modified software must not be used until it has been tested and validated in accordance with paragraph (1)(c).
Canada Offshore Renewable Energy Regulations — 32
Software-dependent control systems 32 If the failure or malfunction of any integrated software-dependent control systems would cause a hazard to safety, security or the environment, the operator must ensure that (a) the control systems are designed, installed, commissioned and maintained in such a way as to ensure their reliability, availability and security; and (b) measures are implemented and maintained to protect the control systems from any threat, including unauthorized access.
Canada Offshore Renewable Energy Regulations — 33
Rescue boat 33 The operator must ensure that a rescue boat is available and ready for use in the event of an emergency at all times when personnel are present in the offshore area for the purposes of carrying on authorized work or activities.
Canada Offshore Renewable Energy Regulations — 34
Requirements for vessels 34 The operator must ensure that every vessel that is used to carry on authorized work or activities is suitable for the operations site at which it is used and for the nature of the work or activities.
Canada Offshore Renewable Energy Regulations — 35
Evacuation systems and equipment 35 In determining the number of persons that any lifeboat, life raft or marine evacuation system can accommodate, the operator must take into consideration each person’s weight while the person is wearing an immersion suit, as well as the space they require while wearing such a suit.
Canada Offshore Renewable Energy Regulations — 36
Third-party assessment 36 The operator must ensure that a competent third party verifies all equipment that is installed temporarily on a vessel that is used in connection with any authorized work or activities to ensure that the equipment is fit for the purpose for which it is to be used and is secured in a seaworthy manner.
Canada Offshore Renewable Energy Regulations — 37
Landing area 37 (1) If personnel will be transported by aircraft to or within an operations site or between operations sites, the operator must ensure that the landing area for the aircraft, or for any person or cargo being raised to or lowered from the aircraft, is designed to ensure safety, security and environmental protection, including the prevention of incidents or damage due to the use of an aircraft. Specific requirements (2) The operator must ensure that the landing area (a) does not contain any obstacles that may impede the safe landing or takeoff of aircraft or the safe disembarkation or embarkation of persons or cargo and, if applicable, is oriented relative to the prevailing winds; (b) is able to withstand all functional loads that may be imposed on it; (c) has conspicuous markings and signage; and (d) has adequate lighting, including for reduced visibility conditions. Specific requirements — landing and takeoff (3) The operator must ensure that any area used for the landing or takeoff of aircraft is capable of accommodating aircraft of expected sizes and is equipped with (a) emergency response and firefighting equipment; (b) a monitoring system and status light system; (c) communication and meteorological equipment; and (d) if the landing area is on a facility, fuel storage tanks.
Canada Offshore Renewable Energy Regulations — 38
Procedures and training program 38 (1) The operator must ensure that (a) procedures with respect to the support of aircraft operations, including procedures for emergency response, are developed and implemented; and (b) a training program is provided for personnel and passengers in respect of those procedures. Aircraft service provider (2) Before any authorized work or activities that require the use of an aircraft begin, the operator must ensure that the aircraft service provider has accepted in writing to (a) comply with all conditions stipulated by the operator with respect to the use of the equipment on any landing area; (b) implement the procedures referred to in paragraph (1)(a); and (c) ensure that all personnel and passengers follow the training program referred to in paragraph (1)(b).
Canada Offshore Renewable Energy Regulations — 39
Access to documents and information 39 The operator must ensure that a copy of the following documents and information is readily accessible at each operations site when personnel are present and at all times at every associated control centre and emergency response operations centre: (a) every authorization issued in respect of work or activities related to the offshore renewable energy project or offshore power line; (b) all information and documents submitted to the Regulator to meet a condition of authorization, including the safety plan, environmental protection plan and emergency management plan, as well as supporting documentation; and (c) all procedures and other documents that are necessary to carry on authorized work or activities in a manner that ensures safety, security and environmental protection.
Canada Offshore Renewable Energy Regulations — 41
Operator’s obligations 41 The operator must ensure that (a) the certifying authority has, for the purpose of fullfilling its responsibilities, access to the facilities, equipment and systems related to the offshore renewable energy project or offshore power line, as well as to the necessary documentation; and (b) the certificate of fitness issued under subsection 44 (1) remains valid for as long as the facilities, equipment and systems remain in operation.
Canada Offshore Renewable Energy Regulations — 42
Scope of work 42 The certifying authority must submit a scope of work to the Regulator for approval and obtain the Regulator’s approval before undertaking the relevant activities referred to in subsection 40 (3) in relation to the construction, operation and maintenance of the facilities, equipment and systems related to an offshore renewable energy project or offshore power line.
Canada Offshore Renewable Energy Regulations — 43
Performance of functions 43 In performing its functions, the certifying authority must (a) carry out the scope of work that was approved by the Regulator; (b) use good engineering judgment and practices; and (c) ensure that any person that is tasked with carrying out an activity referred to in subsection 40 (3) has the necessary experience, training, qualifications and competence to do so.
Canada Offshore Renewable Energy Regulations — 44
Certificate of fitness 44 (1) The certifying authority may, on the basis of the activities referred to in subsection 40 (3), issue a certificate of fitness in respect of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line. Fitness for purpose (2) The certificate of fitness must confirm that the facilities, equipment and systems are fit for the purposes for which they are to be used and can be operated without posing a threat to safety, security or the environment. Limitations on operation (3) The certificate of fitness may set out limitations in relation to the operation of the facilities, equipment and systems that the certifying authority considers necessary to ensure that their operation does not pose a threat to safety, security or the environment. Copy provided to Regulator (4) The certifying authority must provide a copy of the certificate of fitness to the Regulator.
Canada Offshore Renewable Energy Regulations — 45
Inspection plans 45 (1) The certifying authority must prepare a plan for the periodic inspection of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line during their construction and during their operation and maintenance and provide those plans to the Regulator. Review of operator’s records (2) The inspection plan must (a) include a schedule for the periodic review of the operator’s records from the management system to identify any changes to the management system that might affect safety, security or environmental protection; and (b) be updated as needed to ensure that the facilities, equipment and systems are inspected in light of those changes. Scope and frequency of inspections (3) The certifying authority must establish the scope and frequency of the periodic inspections based on a risk assessment conducted in accordance with prevailing industry standards and best practices. Changes to inspection plan (4) The certifying authority must, as soon as circumstances permit, inform the Regulator of any material changes to the inspection plan.
Canada Offshore Renewable Energy Regulations — 46
Independence and impartiality 46 (1) The certifying authority must not issue a certificate of fitness in respect of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line unless the certifying authority is able to fulfill its responsibilities under subsection 40 (3) with independence and impartiality, including by ensuring that (a) a separation is maintained between the certification functions that it or any of its subsidiaries or affiliates perform and any work that it or any of its subsidiaries or affiliates undertake with respect to the design, construction, transportation, installation, establishment or commissioning of the facilities, equipment and systems; and (b) barriers and processes are in place to prevent real, potential or perceived conflicts of interest. Notification of conflict of interest (2) The certifying authority must monitor for real, potential or perceived conflicts of interest throughout the period that it acts as certifying authority for the operator and must, without delay, notify the operator and the Regulator of any such conflicts that are identified.
Canada Offshore Renewable Energy Regulations — 47
Change of certifying authority 47 (1) If the operator decides to replace the certifying authority with a new certifying authority, the operator must provide the name of the organization that the operator proposes to engage as the new certifying authority to the Regulator, along with a description of the organization’s qualifications to assume the responsibilities referred to in subsection 40 (3). Before issuance of certificate (2) If the operator engages a new certifying authority before the initial certificate of fitness is issued, the new certifying authority must carry out its own independent assessment, monitoring, inspection, verification and validation activities for the purposes of issuing the certificate. After issuance of certificate (3) If the operator engages a new certifying authority after a certificate of fitness has been issued, the operator must develop and submit to the Regulator a transition plan outlining all of the activities to be carried out by the parties before the transition from the former to the new certifying authority and demonstrating that the transition will not result in any gaps, delays or negative effects on the extent and quality of the activities referred to in subsection 40 (3). Implementation of transition plan (4) The operator must ensure that the transition plan is implemented. One certificate and one authority (5) There must be no more than one certificate of fitness and one certifying authority in relation to an offshore renewable energy project or offshore power line at any given time.
Canada Offshore Renewable Energy Regulations — 48
Annual report 48 Within 30 days after the end of each calendar year during which authorized work or activities are carried on in relation to the construction, operation and maintenance of facilities, equipment and systems related to the offshore renewable energy project or offshore power line, the certifying authority must submit a report for that year to the Regulator that includes (a) an overview of the activities that it carried out during the calendar year in its capacity as certifying authority; (b) a statement, signed by the certifying authority, confirming that it has maintained the qualifications it possessed when it was approved by the Regulator as a certifying authority; (c) the name, position, contact information and qualifications of the persons that were involved in carrying out the activities referred to in subsection 40 (3); (d) if applicable, a description of the methodologies used to conduct the independent assessments referred to in paragraphs 40 (3)(a) to (c) and the assessment referred to in paragraph 40 (3)(e) and the results of those assessments; (e) a detailed description of the inspections performed during the calendar year, including their scope and the methodology used, as well as the results; (f) a description of the activities that it carried out to validate the effectiveness of any measures implemented by the operator to minimize risks in relation to safety, security and the environment and the results of that validation.
Canada Offshore Renewable Energy Regulations — 49
Application 49 This Part applies in respect of offshore renewable energy projects — other than those that exploit or aim to exploit the power of the wind to generate electricity — and the offshore power lines associated with those projects.
Canada Offshore Renewable Energy Regulations — 50
l as any other locations that are being considered, (ii) the preferred route for the power line, as well as any other routes that are being considered, (iii) constraints and hazards that restrict the preferred locations referred to in subparagraph (i) or the preferred route referred to in subparagraph (ii), and (iv) the width of the proposed corridor for the power line, accompanied by the reasons for the selected width; and (q) the proposed approach to the decommissioning and abandonment of the facilities, equipment and systems related to the project or power line, an estimate of the costs of the decommissioning and abandonment and an indication of the manner in which the operator will finance or pay for those costs.
Canada Offshore Renewable Energy Regulations — 51
Plans 51 (1) For the purposes of subsection 298(9) of the Act, every authorization is subject to the condition that the operator, before the authorized work or activities begin, develop and implement (a) a safety plan that meets the requirements set out in section 52 ; (b) an environmental protection plan that meets the requirements set out in section 53 ; and (c) an emergency management plan that meets the requirements set out in section 54 . Submission and approval (2) Every authorization is also subject to the condition that the operator submit the following information and plans to the Regulator and obtain the Regulator’s approval of the information referred to in paragraph (e) and the plans before the authorized work or activities begin: (a) the name, position and contact information of the accountable person designated under subsection 55 (2); (b) the safety plan; (c) the environmental protection plan; (d) the emergency management plan; and (e) a description of the navigational safety zones proposed for the purposes of paragraph 57 (1)(a) or a justification of why navigational safety zones are not needed.
Canada Offshore Renewable Energy Regulations — 54
Emergency management plan 54 (1) The emergency management plan must set out the emergency response procedures referred to in subsection (2) and any other procedures, practices and resources that are necessary to effectively prepare for, manage and respond to an emergency and must include the following information: (a) a description of how the emergency management plan ensures that the obligations set out in these Regulations with regard to emergency response are met; (b) a description of the types of incidents, in relation to the authorized work or activities, that may require an emergency response, an assessment of the risks associated with each type of incident and a description of the planned emergency response for each type of incident; (c) a description of the organizational structure and the chain of command for emergency response; (d) a method for classifying incidents; (e) a description of the incident management system to be used for emergency response; (f) a description of the methods to be used to monitor, constantly and in real time, both the facilities used in the generation and transmission of electrical energy and the work or activities, including at night and during periods of poor visibility; (g) the frequency and scope of the emergency response drills and exercises to be carried out to test and validate emergency response procedures and practices; and (h) a description of the measures to be taken to ensure that first responders, the personnel of relevant medical facilities, organizations and agencies, and persons that are carrying on activities within or in the vicinity of an operations site are informed of, and provided with instructions and updates concerning, (i) the location of the facilities that are to be used in the generation and transmission of electrical energy, (ii) the potential emergency situations that may arise in relation to those facilities, and (iii) the procedures to be followed in case of an emergency. Emergency response procedures (2) The emergency response procedures must cover the following subjects: (a) emergency response for each type of incident identified under paragraph (1)(b), including the emergency equipment that is necessary and is to be made available for emergency response to each type of incident; (b) the safe shutdown, in the event of an emergency, of facilities, equipment and systems to be used in the generation and transmission of electrical energy; (c) evacuation plans for personnel carrying on work or activities in the offshore area, including, if applicable, evacuation plans for divers engaged in a dive; (d) the notification, investigation and reporting of incidents under section 64 ; (e) the protocols for communicating with the relevant federal, provincial and municipal authorities and Indigenous governing bodies during an emergency response; and (f) coordination and liaison with all relevant emergency response organizations during an emergency response.
Canada Offshore Renewable Energy Regulations — 55
Implementation 55 (1) The operator must ensure that there are sufficient financial and human resources to implement and continually improve the safety plan, environmental protection plan and emergency management plan. Accountable person (2) The operator must designate one of its employees as the accountable person for the safety plan, environmental protection plan and emergency management plan and ensure that the accountable person has the necessary authority for assigning financial and human resources to develop, implement and make ongoing improvements to those plans. Change — accountable person (3) If there is any change to the name, position or contact information of the accountable person that was submitted under paragraph 51 (2)(a), the operator must provide updated information to the Regulator as soon as feasible.