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. 4/1996
amended to O.I.C. 2021-286 (effective January 1, 2022), N.S. Reg. 168/2021
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the 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 Canada-Nova Scotia Offshore Area Occupational Health and
Safety Regulations
Part 2: [repealed]
Part 3: Provisions of the Nova Scotia Offshore Petroleum Drilling and Production
Regulations
Citation
1 These regulations may be cited as the “Nova Scotia Offshore Area Certificate of Fitness
Regulations”.
Interpretation
2 In these regulations
(a) “accommodation installation” means an installation that is used to
accommodate persons at a production site or drill site and that functions
independently of a production installation, drilling installation or diving
installation, and includes any associated dependent diving system;
(b) “Act” means the Canada-Nova Scotia Offshore Petroleum Resources
Accord Implementation (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,
the American Bureau of Shipping, Bureau Veritas, Det norskeVeritas
Classification A/S, Germanischer Lloyd or Lloyd’s Register North America,
Inc.;
(e) “Chief” means the Chief Safety Officer;
(f) “dependent diving system” means a diving system that is associated with an
installation other than a diving installation and that does not function
independently of the installation;
(g) “dependent personnel accommodation” means personnel accommodation
that is associated with an installation other than an accommodation
installation and that does not function independently of the installation;
(h) “diving installation” means a diving system and any associated vessel that
functions independently of an accommodation installation, production
installation or drilling installation;
(i) “diving system” means the plant or equipment used in or in connection with
a diving operation, and includes the plant and equipment that are essential to
a diver 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 fixed to the ground or seafloor and any other foundation specially
constructed for drilling operations;
(k) “drilling installation” means a drilling unit or a drilling rig and its associated
drilling 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, blowout
preventer, accumulator, choke manifold and other associated equipment,
including power, control and monitoring systems;
(m) “drilling unit” means a drillship, submersible, semi-submersible, barge,
jack-up or 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 program that are installed on a vessel;
(n) “drill site” means a location where a drilling rig is or is proposed to be
installed;
(o) “installation” means a diving installation, a drilling installation, a production
installation or an accommodation installation;
(p) “mobile installation” means an installation that is designed to operate in a
floating or buoyant mode or that can be moved from place to place without
major dismantling or modification, whether or not it has its own motive
power;
(q) “new installation” means an installation that is constructed after the coming
into force of these regulations;
(r) “operator” means a person who has applied for or has been issued a
production operations authorization, a Drilling Program Authorization or a
Diving Program Authorization pursuant to clause 135(1)(b) of the Act;
(s) “production facility” means equipment for the production of oil or gas
located at a production site, including separation, treatment and processing
facilities, equipment and facilities used in support of production operations,
landing areas, heliports, storage areas or tanks and dependent personnel
accommodations, 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 associated
platform, artificial island, subsea production system, loading system, drilling
equipment, facilities related to marine activities and dependent diving
system;
(u) “production operation” means any operation that is related to the production
of oil or gas from a pool or field;
(v) “production site” means a location where a production installation is or is
proposed to be installed;
(w) “scope of work” means the plan of activities carried out by a certifying
authority and submitted to the Chief for approval pursuant to Section 6, for
the purposes of issuing a certificate of fitness;
(x) “subsea production system” means equipment and structures that are located
on or below or buried in the seafloor for the production of oil or gas from,
or for the injection of fluids into, a field under a production site, and
includes production 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 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) if the
certifying authority determines that, in relation to the production or drill site or
region in which the particular installation is to be operated,
(a) the installation;
(i) is designed, constructed, transported, installed, established,
maintained or equipped in accordance with
(A) Parts I to III of the Nova Scotia Offshore Area Petroleum
Installations Regulations made under the Act, and
(B) the provisions of the Canada-Nova Scotia Offshore Area
Occupational Health and Safety Regulations listed in Part 1 of
the Schedule to these regulations,
(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) the installation carries out the scope of work in respect of which the
certificate of fitness is issued.
(3) For the purposes of subclause (2)(a)(i), the certifying authority may substitute, for
any equipment, methods, measure or standard required by any regulations referred
to in that subclause, equipment, methods, measures or standards the use of which
is authorized by the Chief or Chief Conservation Officer, as applicable under
Section 147 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 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 the
installation meets the requirements of clause (2)(a) and carries out the scope
of work referred to in clause (2)(b), 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) if the programs are adequate to ensure and maintain the integrity of the
installation, the certifying authority approves the programs referred to in
subclause (a)(iii).
Conflict of interest
5 The certifying authority shall not issue a certificate of fitness in respect of an installation
if the certifying authority has been involved, other than as a certifying authority or a
classification 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 in
respect 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 scope
of work
(a) is sufficiently detailed to permit the certifying authority to determine
whether the installation meets the requirements of clause 4(2)(a); and
(b)provides for the means for determining whether
(i) the environmental criteria for the region or site and the loads
assumed for the installation are correct,
(ii) in respect of a production installation, the concept safety analysis
required by Section 43 of the Nova Scotia Offshore Area Installations
Regulations meets the requirements of that Section,
(iii) in respect of a new installation, the installation has been constructed
in accordance with a quality assurance program referred to in Section
4 of the Nova Scotia Offshore Area Installations Regulations,
(iv) the operations manual meets the requirements of Section 63 of the
Nova Scotia Offshore Area Installations Regulations,
(v) the construction and installation of the installation has been carried
out in accordance with the design specifications,
(vi) the materials used in the construction and installation of the
installation meet the design specifications,
(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 Nova Scotia Offshore Petroleum Drilling and
Production Regulations listed in Part 3 of the Schedule to these
regulations are in place and functioning appropriately.
Expiration date
7 (1) If the certifying authority determines that, when the installation is maintained in
accordance with the programs submitted to it under subclause 4(5)(a)(iii), the
installation will meet the requirements of clause 4(2)(a) for a period of at least 5
years, the certifying authority shall endorse on the certificate of fitness an
expiration date that is 5 years after the date of issuance.
(2) If the period of time referred to in subsection (1) is less than 5 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.
(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
the site 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
the region 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
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 clause
4(2)(a), or
(iii) that the installation has not been inspected, monitored and
maintained in accordance with any limitation endorsed on the
certificate of fitness; or
(b) the Chief determines that the certifying authority has failed to carry out the
scope of work relating to the installation in respect of which the certificate
of fitness was issued.
(2) At least 30 days before a determination is made pursuant to subsection (1), notice,
in writing, that a determination is going to be made shall be given
(a) in the case of a determination by the certifying authority, by the certifying
authority to the Chief and the person to whom the certificate of fitness in
respect 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 certifying
authority and the person referred to in clause (a).
(3) Before making a determination pursuant to subsection (1), the certifying authority
or the Chief, as the case may be, shall consider any information in relation to that
determination 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 the
certifying 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),
notify the 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 Canada-Nova Scotia Offshore Area Occupational Health and
Safety Regulations
1. Sections 24 to 26
2. Subsection 27(1)
3. Section 28
4. Subsection 33(2) and clauses 33(4)(a), (c), (d), (f), (g) and (i)
5. Clauses 58(1)(a) and (c) to (e)
6. Subsections 59(1) and (2) and clauses 59(3)(a) to (e)
7. Subsection 61(1) and clauses 61(2)(a) and (d)
8. Subsection 62(1) and clauses 62(2)(a) to (c) and (e)
9. Sections 63 to 65
10. Clauses 67(b) and (c)
11. Subsection 68(1)
12. Section 74
13. Subsection 75(1)
14. Sections 79 to 81
15. Clause 83(b)
16. Sections 84 to 86
17. Clauses 92(1)(a), (d) and (o)
18. Subsection 94(1)
19. Sections 98 and 99
20. Section 101
21. Subsection 102(1)
22. Clauses 108(a) to (d)
23. Subsections 114(2) and (3)
24. Clauses 122(1)(a) and (c), subclause 122(1)(j)(ii) and clauses 122(1)(l) to (o), (r) and (t)
25. Subsection 123(5), clause 123(6)(a) and subclause 123(6)(b)(i)
26. Subsections 125(2) and (3)
27. Subsection 126(1)
28. Clauses 145(1)(b), (d), (o), (r), (s) and (x)
29. Clause 158(1)(b) and subclause 158(1)(k)(i)
30. Clauses 173(1)(a), (g), (l), (m), (o), (p) and (s), 173(2)(e) and 173(3)(c) and (f)
Part 2: [repealed]
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)