Canada Gazette, Part I, Volume 158, Number 8: Canada Offshore Renewable Energy Regulations

February 24, 2024

Statutory authority
Canadian Energy Regulator Act

Sponsoring department
Department of Natural Resources

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Executive summary

Issues

Part 5 of the CER Act provides the legislative framework for oversight of the full life cycle of an offshore renewable energy (ORE) project and offshore power line. The CER Act provides the authority for the Commission of the Canada Energy Regulator (CER or Regulator) to issue authorizations for any work or activity related to those projects or power lines. The CER Act specifies the factors that must be considered in determining whether to issue an authorization, but it does not provide the detailed planning and technical requirements that must be met by an operator in order to obtain the authorization, conditions that may be imposed on the authorization, or the requirements that must be continually met to ensure that those works and activities can be executed in a manner that ensures safety, security, and environmental protection.

The proposed Regulations are required to operationalize the ORE regime under the CER Act and to provide the certainty needed for the ORE industry to develop in Canada.

Background

Over 70% of the earth’s surface is covered by seas and oceans that contain vast energy potential that can now be harnessed through technological advances in ORE. ORE refers to the use of offshore wind, waves, tides, ocean currents, offshore solar, underwater geothermal resources, marine biomass, and the temperature differential between surface water and the seabed to generate electricity.

As the world looks for cleaner sources of power, ORE technologies are gaining prominence, with offshore wind taking the lead. Globally, the ORE industry has grown rapidly with more than 60 000 megawatts of installed capacity in 2022, representing a twentyfold increase in the amount of energy produced worldwide from offshore wind since 2010. According to the International Energy Agency, global offshore wind capacity may increase fifteenfold from 2019 and attract around $1 trillion of cumulative investment by 2040.

Offshore wind energy has become increasingly competitive as costs associated with the industry begin to rapidly decline. Many international jurisdictions have set ambitious offshore wind energy targets to help meet their climate goals and electrify new industries, such as clean hydrogen production. As offshore wind produces renewable energy at scales significantly greater than those of onshore wind and solar, it opens the opportunity to scale up the production of clean hydrogen and power-to-X, which could aid in the decarbonization of the transportation and hard-to-abate energy-intensive sectors.

Canada’s vast coastline, bordering on three oceans, represents significant ORE resources and untapped potential for a low-carbon economic opportunity, which could make an important contribution to Canada’s goal of net-zero emissions by 2050, the electrification and decarbonization of Canada’s economy and the advancement of Canada’s clean hydrogen industry and exports while stimulating economic opportunities for coastal provinces, territories, and communities.

On August 28, 2019, the CER Act came into force and repealed the National Energy Board Act. The CER Act created the CER, which replaced the former National Energy Board. Part 5 of the CER Act established the legislative framework for offshore renewable energy projects and offshore power lines, creating the authority to regulate the work and activities related to the full life cycle of ORE projects and offshore power lines located in the federal offshore area (which is commonly defined in maritime law as the waters falling seaward of the low water mark, excluding provincial waters located within the jaws of the land, and extending to the outer limits of the exclusive economic zone), from initial site assessment work identifying areas with potential for ORE projects, to the eventual decommissioning and abandonment of the ORE project facilities, equipment, and systems.

Part 5 of the CER Act also provides the authority to make regulations respecting safety, security, and environmental protection of ORE projects, to ensure industry and other stakeholders have a clear understanding of expectations regarding safety, security, and environmental protection, and to ensure ORE project proponents adopt best practices and best available technologies throughout the life cycle of projects.

Following the CER Act entering into force, Natural Resources Canada (NRCan) established the Offshore Renewable Energy Regulations Initiative (ORER Initiative) to develop the regulatory framework in order to operationalize Part 5 of the CER Act. The CER, as the life cycle regulator responsible for enforcing these future proposed Regulations, provided technical support and expertise to the ORER Initiative. The goal of the ORER Initiative is to develop a regulatory framework to ensure the highest level of safety, security, and environmental protection is achieved throughout the life cycle of ORE projects.

ORER Initiative participants were engaged starting in fall 2020 on the conceptual approach to the proposed Regulations and on the technical requirements that were then developed to form the basis of drafting instructions, and finally, in spring 2023, on a draft regulation. More than 200 parties were engaged on the ORER Initiative, including renewable energy industry companies/developers, industry associations, Indigenous groups and governments, certifying authorities, interested provinces and territories (notably the governments of Nova Scotia and Newfoundland and Labrador), regulators, fishing groups, and environmental non-governmental organizations. Although there are other federal departments and agencies with statutory responsibilities in the offshore area that were engaged, the proposed Regulations do not impose any new duties or requirements on other departments or agencies.

The ORER Initiative proposes a combination approach of management-based and outcome-based regulatory frameworks, with a strong emphasis on safety management systems, to require operators to proactively anticipate, manage, mitigate and, where possible, eliminate potential hazards to safety, security, and the environment through various management, planning, and analysis activities. This combination approach provides the flexibility necessary to support the use of innovations in science, technologies, and methodologies that would increase safety, security, and environmental protection while reducing costs and allowing the proposed Regulations to remain evergreen as the ORE sector evolves over time.

In May 2023, Bill C-49 was introduced in Parliament and proposed amendments to the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act (collectively referred to as the “Accord Acts”) to modernize the legislation and expand the joint-management framework to enable new clean energy opportunities for the region and to expand the mandates of the Canada-Nova Scotia Offshore Petroleum Board and the Canada–Newfoundland and Labrador Offshore Petroleum Board (the “Offshore Petroleum Boards”) to include the regulation of ORE in the respective joint-management areas. Once engaged, the CER Act would no longer apply in the Canada–Newfoundland and Labrador and Canada–Nova Scotia joint-management areas. Regulations respecting the safety, security, and environmental protection of ORE projects in these areas would be required in order to operationalize the amended legislation; it is intended to use the proposed Regulations as the basis for these future regulations. Any proposed regulations under the future amended Accord Acts would be addressed in a separate regulatory proposal, should Bill C-49 receive royal assent.

Objective

The primary objective of this proposal is to develop a comprehensive regulatory regime to guide the work and activities related to ORE projects and offshore power lines in Canada and to ensure these works and activities are undertaken in a manner that meets the prevailing industry standards and best practices for safety, security, and environmental protection.

The proposed Regulations are also intended to provide the certainty needed to inform development and investment decisions.

Description

The proposed Regulations outline the requirements of an application for an authorization to carry out work or activities related to a project, the conditions of an authorization that must be met by an operator before the authorized work or activities can commence, and the ongoing requirements that an operator must meet while carrying out the authorized work or activity.

Applications for authorizations

The CER Act prohibits any work or activity that is related to an ORE project to be carried out in the offshore area, or any work or activity related to the construction, operation, or abandonment of any part of an offshore power line that is in a province, except in accordance with an authorization issued by the Commission of the CER.

The proposed Regulations would set out the requirements that an operator must meet in order to obtain an authorization for the suite of work or activities they propose to carry out at each major phase of a project life cycle — site assessment, construction and operations, and decommissioning and abandonment. This approach allows for one application and related authorization for each major phase of a project, rather than having numerous individual applications and authorizations for each discrete work or activity at each phase.

Every application

Every application, regardless of phase, would contain a minimum set of requirements, as well as phase-specific requirements, which are tailored to the nature of work and risk level associated with the respective phase.

The level of detail required in the application, as well as any documents and information submitted, would be commensurate with the scope, nature, and complexity of the proposed work or activities. For example, during the site assessment phase, risks are much lower than in the construction, operations, or decommissioning and abandonment phases. The proposed Regulations appropriately consider and reflect this difference.

Every application requires detailed information regarding the proposed work and activities. This includes

• Contact information of the operator’s authorized representative, as well as the designated accountable person for the project.
• An overview of the entire project, including any plans to execute the project in phases.
• A description of the work the operator wants to do at the phase of the life cycle to which the application would apply, including the objectives, scope, and location of the proposed work and a plan and schedule for carrying out the work.
• Information about any vessels, aircraft, vehicles, and equipment the operator proposes to use.
• Results of past relevant surveys and monitoring programs related to the project, and how these results influence the current plans.
• A description of the measures that the operator proposes to use to ensure compliance with all applicable safety, security, and environmental laws.
• A description of the potential effects that the work or activities that are the subject of the application may have on any other users of the operations site.
• A list of all necessary permits that are required in relation to the proposed work or activities.
• The target safety, security, and environmental protection levels for the proposed work or activities, which describe qualitatively or quantitatively (if possible) the measurable objectives for safety, security, and environmental protection that the operator commits to achieving while carrying on the proposed work or activities.
• A description of how the work aligns with past plans and technologies put forward in previously authorized work or activities, and any proposed changes with reasons and effects.

Additional application requirements — Site assessment

In addition to the requirements of every application for authorization, applications to undertake work or activities related to the site assessment phase would also need to provide

• Details about the proposed surveys, analyses or assessments to be conducted.
• Information about any equipment that would be installed or used for the site assessment work or activities, and how that equipment would be abandoned or removed.
• A risk assessment that addresses the safety and security of persons and infrastructure involved in, or in the vicinity of, the site assessment work or activities.
• An environmental and socio-economic assessment of the site assessment work or activities that addresses the factors referred to in paragraphs 298(3)(a) and (c) to (f) of the CER Act, which include any health, social, and economic effects; the interests and concerns of the Indigenous peoples of Canada; any effects on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982; and the extent to which the effects of the project may hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change.

Additional application requirements — Construction and operations

In advance of the construction and operations phase of a project, details related to the full life of the project, up to and including high-level plans for the eventual decommissioning and abandonment of project infrastructure, would be required.

In addition to the requirements of every application for authorization, applications to undertake work or activities related to the construction and operations phase would include project details related to the full life cycle of the project, notably the following:

• A list of the industry standards and best practices the operator proposes to follow in designing the project, along with data sets for operational and extreme conditions.
• A description of the proposed facilities, equipment, and systems for the project, including their location, capabilities, and limitations.
• A description of any existing infrastructure in the area, and how it was considered during planning.
• A risk assessment of the proposed work or activities for the construction, operation, and maintenance of the project as well as the anticipated work or activities for its decommissioning and abandonment, that addresses the safety and security of persons and infrastructure involved in, or in the vicinity of, the work or activities related to the construction and operations of the project.
• An environmental and socio-economic assessment for the work or activities related to the construction and operations of the project that addresses the factors referred to in paragraphs 298(3)(a) and (c) to (f) of the CER Act, which include any health, social and economic effects; the interests and concerns of the Indigenous peoples of Canada; any effects on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982; and the extent to which the effects of the project may hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change.
• A description of the quality assurance program, including the standard to which the program conforms, required under the proposed Regulations for the monitoring, documenting, and managing of quality during the fabrication, transportation, installation, and commissioning of project facilities, equipment, and systems.
• Identification of the organization proposed to be used as the project’s certifying authority, their qualifications, and the proposed general scope and timing of the activities they will perform. The roles and responsibilities of the certifying authority are discussed further below.
• A high-level description of the eventual plan for decommissioning and abandonment of the project, including the forecasted costs and how the operator plans to finance or pay for them.

The technical details required in the application for authorization at the construction and operations phase are intended to reflect the range of design parameters within which the project would be designed, while the final design details would be submitted to the Regulator as part of the conditions of authorization, as discussed further in this analysis. This approach, known as a “project envelope approach,” has been used successfully in the United States and Europe and provides flexibility for an operator to use the latest technologies and methodologies by not having to lock in the design too early in the project approval process, thereby minimizing the need for additional technical reviews, should design or technologies change during the approval process. A key element of the proposed regulatory framework is the requirement that the operator engage the services of a certifying authority to serve as an independent, third-party assessment and verification body. Specifically, the certifying authority, which would be required to be approved by the Regulator, would be involved in the project’s facilities, equipment, and systems from their design conception up to the end of operations.

The certifying authority must be selected by the operator, and approved by the Regulator, based on the organization’s qualifications to assume the responsibilities as outlined in the proposed Regulations, including but not limited to

• Confirming that the proposed design, fabrication, construction, and installation of project facilities, equipment, and systems conform with good engineering practices, the authorization, and all applicable laws.
• Monitoring and inspecting the project development through fabrication, transportation, construction, installation, and commissioning.
• Issuing a certificate of fitness that confirms 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.
• Performing inspections, in accordance with the inspection plan, of the facilities, equipment, and systems during the operations phase, and verifying the continued validity of the certificate of fitness.

The certifying authority would communicate directly with the Regulator and would be required to develop and submit to the Regulator for approval, a scope of work for executing these responsibilities, prior to commencing any of the activities contemplated in the scope of work.

The certifying authority would also be required to develop and submit to the Regulator an inspection plan for the periodic inspections of facilities, equipment, and systems during construction and operations of the project, and must include a schedule for the periodic review of the operator’s records from the management system to identify any changes that might affect safety, security, or environmental protection. The scope and frequency of inspections would be determined in accordance with prevailing industry standards and best practices, and may involve either on-site or remote inspections.

For each calendar year, the certifying authority must also submit a report to the Regulator in relation to its oversight of any construction, operation and maintenance work or activities that were carried out by the operator during that calendar year.

Throughout the undertaking of its responsibilities, the certifying authority would need to monitor for real, potential, or perceived conflicts of interest and flag these with the Regulator without delay should they occur.

Additional application requirements — Decommissioning and abandonment

A project’s facilities, equipment, and systems must be abandoned in accordance with an authorization; otherwise, they are considered debris under the CER Act, and the operator is financially liable. In addition to the requirements of every application for authorization, applications to undertake work or activities related to decommissioning and abandonment would also be required to provide

• Information about any existing infrastructure in the area, and how it was considered during planning.
• The results of an assessment of the condition of any facilities, equipment, or systems that will be decommissioned and/or abandoned, and details on the proposed approach to decommissioning and whether they will be left in place or removed and disposed of. If removal is planned, the details on the proposed methods for removal, transportation, and disposal are provided.
• A description of the methods that will be used to restore the site after decommissioning and abandonment, ensuring it returns to its original state.
• An updated forecast of the costs associated with decommissioning and abandonment, along with details on how the operator plans to finance or pay for them.
• A risk assessment that addresses the safety and security of persons and infrastructure involved in, or in the vicinity of, the work or activities related to decommissioning and abandonment, including any risks associated with the navigation of vessels, vehicles, aircraft, or other conveyances in the vicinity.
• An environmental and socio-economic assessment of the work or activities related to the decommissioning and abandonment that addresses the factors referred to in paragraphs 298(3)(a) and (c) to (f) of the CER Act, which include any health, social and economic effects; the interests and concerns of the Indigenous peoples of Canada; any effects on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982; and the extent to which the effects of the project may hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change.

Conditions of every authorization

An operator cannot commence the authorized work or activities until all conditions have been satisfied and accepted by the Regulator. This approach allows the operator the opportunity to obtain early approval of the general planned approach for how they will conduct the proposed work or activities while the operator finalizes the detailed planning requirements and technical specifications associated with the authorized work or activities.

Management system

The proposed Regulations would require the operator to establish and implement, as a condition of every authorization, a proactive and comprehensive management system for the management and coordination of the work. The management system is expected to establish the overarching direction and framework for reducing risks to safety, security, and the environment, including measures for ensuring the reliable operation of the facilities, equipment, and systems related to an offshore renewable energy project or offshore power line, and to ensure appropriate response in the event of an emergency.

The management system would need to demonstrate a commitment to continuous improvement through the setting and achieving of measurable goals and performance indicators related to safety, security, and environmental protection. The management system would include policies, procedures, and practices to guide the planning and execution of work; processes for continuous hazard identification; processes for risk assessment and determination of appropriate corrective and preventative measures; and processes for audit and evaluation of the management system to determine whether or not goals and performance indicators are met. The management system would also need to include processes for effectively coordinating and managing the work undertaken by different parties involved in the project, as well as processes for internal and external communication regarding safety, security, environmental protection, reliability, and emergency response.

The proposed Regulations would require the management system to be commensurate with the scope, nature, and complexity of the authorized work or activities and the associated hazards and risks, allowing for a management system that is “right-sized” in terms of its breadth and scope in relation to the proposed work or activity.

Safety plan

The safety plan builds upon the preliminary risk assessment that was submitted as part of the application for authorization and is a comprehensive document intended to guide the safe execution of work. The safety plan must set out the procedures, practices, resources, and the sequence of key safety-related activities necessary to safely carry out the authorized work or activities and includes, among other things, the following information:

• A description of how the safety plan will integrate the relevant elements of the management system.
• Identification of the organizational structure and chain of command for ensuring the work is carried out safely.
• A summary of the studies the operator has undertaken to identify and assess the safety hazards and risks associated with the specific authorized work or activities.
• A description of the safety hazards and risks that were identified, and the measures that will be taken by the operator to anticipate, monitor, avoid, and reduce those hazards and risks.
• The methods for communicating with people directly affected by those hazards, informing them about the risks and mitigation measures.
• A description of the facilities, equipment, and systems that are critical to safety and a summary of the specific procedures and policies that will be put in place for their inspection, testing, and maintenance.
• The measures that will be taken for detecting, forecasting, surveilling, and reporting any ice hazards that may exist, as well as measures for data collection and, if applicable, for ice avoidance or deflection.
• The training needed for those doing the work, including their required experience, qualifications, and competencies.
• How the operator will monitor compliance with the safety plan, including work subcontracted to other service providers, through data collection, inspections, and audits, and how the operator intends to manage any changes in the work or activities that may affect safety.

Environmental protection plan

The environmental protection plan builds upon the preliminary environmental assessment that was submitted as part of the application for authorization and is a comprehensive document intended to ensure the operator will protect the environment while undertaking the authorized work or activities. The environmental protection plan must set out the procedures, practices, and resources that will be put in place to manage environmental hazards and protect the environment and must include, among other things, the following information:

• A description of how the environmental protection plan will integrate the relevant elements of the management system.
• Identification of the organizational structure and chain of command for ensuring the work is carried out in a manner that minimizes environmental hazards.
• A summary of the studies the operator has undertaken to identify and assess the environmental hazards and risks associated with the specific authorized work or activities.
• A description of the environmental hazards and risks that were identified, and the measures that will be taken by the operator to anticipate, monitor, avoid, and reduce those hazards and risks.
• The methods for communicating with people directly affected by those hazards, informing them about the risks and mitigation measures.
• The procedures that will be followed if an archaeological site or a burial ground is discovered during the authorized work or activities.
• A description of the facilities, equipment, and systems that are critical to the protection of the environment and summarize the specific procedures and policies that will be put in place for their inspection, testing, and maintenance.
• How the operator will monitor compliance with the environmental protection plan, including work subcontracted to other service providers, through data collection, inspections, and audits, and how the operator intends to manage any changes in the work or activities that may affect the protection of the environment.

Emergency response plan

The emergency response plan would set out the operator’s processes, procedures, and resources for preparing for, managing, and responding to any emergency that may arise during the course of executing the authorized work.

The operator would be required to identify, through a hazard identification and risk assessment process, the potential incidents that may arise that would require an emergency response. The plan describes the organizational structure and chain of command for emergency response, provides a method for classifying incidents, and outlines the incident management system. It is also required to provide details on any real-time monitoring of facilities and operations that the operator intends to use, details on the drills and exercises that would be undertaken for testing procedures, and the measures to be used to inform and instruct first responders, medical facilities, organizations, and users about facility locations, potential emergencies, and safety procedures.

Additional conditions of authorization — Construction and operations

In addition to the conditions of every authorization, the following documents and information, subject to detailed requirements outlined in the proposed Regulations, must be submitted to and approved by the Regulator before any authorized work or activities related to construction commences:

• A facility design report that provides comprehensive technical details regarding the design of the project’s facilities, equipment, and systems.
• A fabrication and construction report that provides comprehensive technical details of how those facilities, equipment, and systems would be fabricated, transported, constructed, and installed.
• A facility reliability report that outlines the measures that would be put in place to ensure the reliability of the power system and the impacts of the project on the bulk power system.
• A preliminary version of the integrity management plan that is required under the proposed Regulations that, once finalized, would address the testing, inspection, monitoring, and maintenance of project facilities, equipment, and systems.
• The certifying authority’s plan for the periodic inspection of facilities, equipment, and systems during the construction phase.
• A description of the proposed navigational safety zones to protect project infrastructure against collision by vessels and aircraft, or a justification as to why navigational safety zones are not needed.

In addition to the conditions of every authorization, the following documents and information must be submitted to and approved by the Regulator before any authorized work or activities related to operations commence:

• The finalized integrity management program that meets the detailed specifications outlined in the proposed Regulations.
• A preliminary version of the decommissioning and abandonment plan that provides an update to, and builds upon, the high-level description of that plan and forecasted costs that were previously provided at the application stage.
• The certifying authority’s plan for the periodic inspection of facilities, equipment, and systems during operations.
• The certificate of fitness, issued by the certifying authority, confirming that the project’s 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.
• A description of the proposed navigational safety zones to protect project infrastructure against collision by vessels and aircraft, or a justification as to why navigational safety zones are not needed.

Additional conditions of authorization — Decommissioning and abandonment

In addition to the conditions of every authorization, the following documents and information must be submitted to and approved by the Regulator before any authorized work or activities related to the decommissioning and abandonment of a project commences:

• A finalized decommissioning and abandonment plan, as set out in the proposed Regulations, detailing the proposed approach for the work to be executed, the safety and environmental protection measures to be implemented during these activities to ensure compliance with all applicable laws, a description of the potential effects that the work would have on the environment and on any other users of the operations site, and the methods that would be used to restore the operations site after the decommissioning and abandonment.
• A description of the proposed navigational safety zones to protect project infrastructure against collision by vessels and aircraft, or a justification as to why navigational safety zones are not needed.

Ongoing requirements for operators

Conduct of authorized work or activities

The proposed Regulations would require the operator to ensure that the authorized work or activities are carried out in a manner that protects safety, security, and the environment. Requirements include, but are not limited to

• Taking all reasonable measures to prevent debris and to minimize the introduction into the environment of any substance or form of energy that is likely to have an adverse impact on the environment, and to minimize damage to property and any adverse impacts on other users of the sea.
• Ensuring ongoing compliance with the requirements of the management system, safety plan, environmental protection plan, emergency management plan, integrity management program, and quality assurance program, and making sure everyone involved in the project also complies with the requirements of those plans and programs.
• Ensuring there is adequate supervision of personnel and that they are competent and in sufficient numbers to ensure the work is executed in a manner that ensures safety, security, and environmental protection.
• Ensuring the safe and reliable operations of all project facilities, equipment, and systems, and ensuring that those facilities, equipment, and systems are tested, inspected, maintained, operated, and handled to ensure safety, security, and environmental protection.

Design requirements

The proposed Regulations would require the operator to ensure that all facilities, equipment, and systems related to a project are designed to ensure safety, security, and environmental protection, taking into account their intended use, location, and associated site-specific physical and environmental conditions. The design would need to conform with prevailing industry standards and best practices and use the best available technologies for minimizing adverse effects on people, infrastructure, and the environment.

The operator would also need to ensure that all facilities and offshore power lines are designed to handle or avoid any reasonably foreseeable physical or environmental conditions at the specific site, including all possible combinations of these conditions. The design should ensure that the structure of the facility or power line, as well as its critical systems and equipment for safety, security, and environmental protection, remain intact and effective under these conditions.

Protection against collision and navigational safety zones

The proposed Regulations would require that an operator take measures to protect facilities, equipment, and systems at an operations site against collision with vessels, vehicles, aircraft and other conveyances operating in the vicinity of the facilities, equipment, and systems throughout the life cycle of the project.

These measures could include the use of navigational safety zones, for which the operator would be required to determine, through a risk assessment, whether any such zones are necessary to protect project infrastructure against collision. The operator would need to propose any navigational safety zones to the Regulator, for its approval.

Consistent with Article 60 of the United Nations Convention on the Law of the Sea, the proposed Regulations would allow for navigational safety zones of up to 500 m to be established around a facility, whether permanent or under construction, provided the safety zone does not interfere with any routing measures or systems that have been established for Canada. These routing measures and systems are typically established by either Transport Canada or the Canadian Coast Guard and are made available through the Canadian Coast Guard’s annual Notice to Mariners publication.

It is expected, however, that the maximum distance of 500 m may only be required during construction, and decommissioning and abandonment activities, and that during steady state operations, the navigational safety zone may be reduced in size to minimize any impacts associated with reduced access to the operations site by other ocean users.

The operator would be required to ensure that the location of project facilities, any associated navigational safety zones, and any hazards that may exist in navigating within the vicinity of the facilities, is made available to other users of the ocean and brought to the attention of the Canadian Coast Guard and the Canadian Hydrographic Service for potential inclusion in notices to mariners and/or nautical charts.

Vessels and offshore transportation considerations

In selecting any vessels that may be used in the course of the authorized work or activities, the operator would be required to ensure that the vessels are suitable for the nature and location of the work or activity and that they are equipped with a rescue boat in the event of emergency circumstances. In addition, the operator would need to factor into its plans for safe evacuation from a vessel the additional space and weight considerations that arise from those evacuating personnel wearing marine abandonment/immersion suits.

The operator would be required to ensure a support craft is available at all times and is capable of reaching the facility within 20 minutes or less, in the event that an emergency evacuation is required at a facility. Notwithstanding, if there is work being undertaken over the side of a facility or other scenario where a person is at risk of falling into the ocean, the support craft would need to be in the immediate vicinity to rescue the person. Support craft would need to be capable of supplying the necessary emergency services, including rescue and first aid treatment, for all persons that are present at a facility and, if equipped with a fast rescue boat, the fast rescue boat must be readily available for deployment and must meet the requirements of the International Maritime Organization’s International Life-Saving Appliance (LSA) Code.

If the operator intends to transport personnel to and from the offshore facilities by aircraft, the operator would be expected to meet minimum requirements to ensure the aircraft landing area is designed and maintained for safe landing and takeoff. The operator would also need to develop procedures for the use of all equipment in the landing area, develop and provide a training program for personnel in the use of those procedures, and ensure that the aircraft service provider agrees to implement those procedures.

Notification and investigation, reporting and record keeping

The operator would be required to notify the Regulator of any reportable incidents as soon as the circumstances permit and to investigate and provide to the Regulator, within 14 days, an incident report that describes detailed information related to the incident. A reportable incident would be defined in the proposed Regulations to include events that result in death, an injury that prevents an employee from working or performing their regular duties on any day after the injury, a fire, an explosion, a collision, any unauthorized or unexpected impact on the environment that is harmful, any damage to archaeological or cultural resources, a significant disruption to authorized work or activities due to unrelated activities or substance introduction, the impairment of a support craft or any equipment or system that is critical to safety, security or environmental protection, an impairment to the reliability of the power system, or the implementation of emergency response procedures.

The operator would also need to provide periodic summary reports to the Regulator every month during construction and decommissioning and abandonment work or activities, and yearly during the site assessment and operations work or activities.

A final report summarizing the work or activity and a description of the state in which the operations site is being left would be required to be provided to the Regulator within three months following the completion of the work or activity.

Finally, the proposed Regulations would require the operator to conserve at their principal place of business in Canada the documentation, information, and data resulting from the authorized activity, and to disclose that information to the Regulator, where requested.

Regulatory development

Consultation

The proposed Regulations were subject to a comprehensive, multi-year engagement process to seek feedback on the regulatory proposal from interested/affected stakeholders. The Offshore Renewable Energy Regulations Initiative web page was developed to ensure stakeholders and the public were kept up to date on the initiative. Since the ORER Initiative was launched, more than 200 parties have been engaged.

Stakeholders that were invited by email to participate in the initiative’s engagement activities include renewable energy industry companies/developers, industry associations, Indigenous groups and governments in coastal regions, certifying authorities, interested provinces and territories, regulators, other federal departments with ocean responsibilities, fishing groups, and environmental non-governmental organizations.

Phase 1 of the engagement process took place between October 2020 and January 2021 and included an information webinar and a 90-day written comment period on a discussion paper (PDF) that outlined the proposed approach to regulating ORE activities in Canada. Feedback was requested on the guiding principles for the development of the proposed Regulations, the various aspects to be addressed in these Regulations, the principal considerations to safety, security, and environmental protection throughout the life cycle of an ORE project, and the project timelines. The feedback received served to inform the next phase of the regulatory development process and was summarized in a summary paper (PDF) that was published on the ORE Initiative web page.

Phase 2 of the engagement process took place between December 2021 and February 2022, and again consisted of an information webinar and a 90-day written comment period on a technical requirements paper (PDF) that detailed the proposed requirements that would form the basis for the proposed Regulations. In June 2022, NRCan followed up with a virtual workshop in response to technical questions that were received specific to the requirement for a certificate of fitness. The workshop provided a forum for discussion on the technical requirements related to the proposed role of a certifying authority and the general certification process for ORE facilities.

The input and advice received during these engagements helped to inform the drafting of the proposed Regulations. In May 2023, a draft version of the proposed Regulations was shared with stakeholders that participated in the earlier phases of the process and provided them with an opportunity to demonstrate how feedback received in earlier engagements had been considered and incorporated into the draft proposed Regulations. Feedback was received from 13 organizations, including two provincial governments (Nova Scotia and Newfoundland and Labrador), one Indigenous group, three offshore regulators (CER and the Offshore Petroleum Boards), two certifying authorities, four industry and/or industry associations, and one environmental non-governmental organization.

Notable feedback included suggestions to streamline the authorization process between life cycle phases of an ORE project and fine-tuning the technical requirements so that they would be more appropriate to the risks associated with ORE activities, which are inherently lower than the risks associated with offshore petroleum activities. In addition, feedback and questions were received related to how Indigenous coastal communities should be considered and communicated with; how results of an impact assessment required under the Impact Assessment Act would be factored into an ORE activity authorization; how impacts to other ocean users would be measured; and whether navigational safety zones would prohibit other ocean users from accessing the area where the ORE project is situated.

As a result of the feedback, the proposed Regulations were revised to streamline the requirements related to the authorization process between life cycle phases, in particular, by combining the project construction and operations phases into one application for authorization, with two sets of conditions of authorization that must be met before the respective authorized activity (construction or operations) can commence. This approach was adopted in recognition that the application requirements for the construction and operations phases of a project would largely involve the same information; therefore, requiring that information be submitted in two separate applications would be duplicative. Further, the Regulator would need to know all relevant information about the intended operations and maintenance of a project in order to make a decision on whether to authorize the work related to the construction of the project.

In addition, as a result of the feedback, the requirements related to authorizations for repowering and/or life extension of a project were removed from the proposed Regulations. Given the ORE industry is in a relatively infant stage globally and has yet to commence in offshore Canada, the prospect of repowering or needing to extend the life of a project is decades into the future, so the need to prescribe requirements related to that potential phase of a project at this point in the sector’s development was low. The proposed Regulations would be added to NRCan’s Regulatory Stock Review Plan and would be regularly reviewed every five years to ensure the requirements continue to be comprehensive and appropriate in the face of continually changing ORE technologies and methodologies, and provides an opportunity for requirements related to authorizations for repowering and/or life extension of ORE projects to be added in the future. The feedback to this final engagement step was positive with strong support for NRCan to proceed as quickly as possible with establishing the proposed Regulations.

Modern treaty obligations and Indigenous engagement and consultation

In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an analysis was undertaken to determine whether this proposal is likely to give rise to modern treaty obligations. The assessment examined the geographic scope and subject matter of this proposal in relation to modern treaties in effect and concluded that implementation of this proposal is unlikely to impact the rights, interests, or self-government provisions of treaty partners.

All people in Canada would benefit from ensuring that ORE projects are carried out in a manner that ensures environmental protection and the safety and security of persons and property. The CER Act requires the Commission to consider, in determining whether to issue an authorization, any Indigenous knowledge that has been provided to the Commission, as well as the interests and concerns of the Indigenous peoples of Canada, including with respect to their current use of lands and resources for traditional purposes, and any effects on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.

Instrument choice

Regulations are needed to operationalize Part 5 of the CER Act. The proposed Regulations would ensure that consistent rules, with compliance and enforcement mechanisms, related to safety, security, and environmental protection are applied to the site assessment, construction, operations, and decommissioning and abandonment of ORE projects, and would provide the necessary clarity and certainty for the nascent ORE industry to develop in Canada. No non-regulatory options were considered.

Regulatory analysis

Benefits and costs

The proposed Regulations would support safe, secure, and environmentally friendly ORE projects that would contribute to federal and provincial renewable energy targets. The benefits cannot be solely attributed to the proposed Regulations, but rather, are associated with the complete legislative regime for ORE under the CER Act.

Future operators would assume incremental costs associated with the proposed Regulations, as compared to what may be carried under the baseline scenario (no regulations), including labour costs related to the time spent on respecting mandatory reporting and inspection requirements, as well as labour costs related to the involvement of a certifying authority during the operations phases of a project. However, the incremental cost would average less than $1 million yearly. The benefits and costs are considered qualitatively in this analysis.

Analytical framework

Under the Policy on Cost-Benefit Analysis, a cost-benefit analysis must consider the incremental impacts of the proposed Regulations, as measured by the difference between the baseline scenario and the scenario in which the proposed Regulations are implemented, over the same period. The baseline scenario considers what is likely to happen in the future if the Government of Canada does not implement the proposed Regulations, and it considers the changes that are likely to happen under normal circumstances without the proposed Regulations in place. Any incremental benefits and costs related to the introduction of the proposed Regulations (the “regulatory scenario”) are then assessed by comparing them against the baseline scenario.

In this analysis, the baseline scenario is one in which the legislative framework exists under Part 5 of the CER Act, which gives the Commission the authority to authorize work and activities related to ORE and to establish conditions on those authorizations that must be satisfied by an operator. It is expected that in the baseline scenario, the Regulator would exercise its authority under the Act to establish minimum requirements through conditions of authorization related to safety, security, and environmental protection at all stages of the development of a project. Based on feedback from renewable energy industry companies/developers and industry associations during early engagement, as well as feedback from regulators in other jurisdictions, operators are expected to follow industry standards and best practices in the development of a project. For example, operators typically utilize the services of a third-party certification company for insurance purposes, to verify that the project facilities have been fabricated, constructed, and installed in a manner that ensures the safety, integrity, and reliability of the project.

The proposed Regulations establish requirements related to the planning, management, and execution of proposed work or activities that an operator must satisfy prior to commencing any authorized work. It is expected that an operator would voluntarily establish many of these plans and programs, as they would be consistent with best management practices for companies working in the offshore renewable energy industry. The proposed Regulations do not prescribe any specific technology or methodology that must be used by an operator of a project.

The duration of each phase of the project life cycle (site assessment, construction, operations, decommissioning and abandonment) and the interval between each phase will vary depending on the project, operator, and the time required to obtain all the necessary authorizations under the proposed Regulations and any other applicable federal legislation. The potential impacts of the proposed Regulations will not be immediately discernable; therefore, the analysis considers a 20-year time frame to identify any incremental impacts that may arise from the proposed Regulations.

Based on the interest expressed by the offshore wind development industry in the early engagement stages, it is anticipated that the majority of ORE projects will be carried out in the Canada–Nova Scotia and Canada–Newfoundland and Labrador offshore areas. The Canada–Nova Scotia offshore area will likely see the earliest activity, a conclusion drawn following the Government of Nova Scotia’s announcement of its Offshore Wind Roadmap (PDF) and intent to offer leases for five gigawatts of offshore wind energy by 2030. This move could lead to the development of four commercial-scale wind projects within the analysis period. Although the Government of Newfoundland and Labrador has focused its early wind energy efforts on onshore land leases in support of a wind-to-hydrogen industry, it is expected that there would be at least two commercial-scale projects in the Canada–Newfoundland and Labrador offshore area during the period of analysis, given the prevailing wind speeds off the coast of that province and its potential for wind development. Finally, one smaller-scale project off the coast of British Columbia may be expected during the period of analysis. Each project would have one operator, resulting in an expected seven operators or affected businesses in the next 20 years.

Benefits of the proposed Regulations

Benefits to governments and the public

The proposed Regulations would provide transparency and certainty for Canadians, the industry, and other stakeholders with respect to the requirements and obligations to operate and maintain an offshore renewable energy project. The proposed Regulations combine elements of outcome-based and management-based regulatory design to promote the continual advancement of safety, security, and environmental protection outcomes, while providing the necessary flexibility for the Regulations to evolve over time with the continual change in best available technologies and methodologies.

Benefits for industry

The proposed Regulations would require operators to identify, manage, and mitigate risks to safety, security and the environment. Operators would be obligated to follow safety, security, reliability, and environmental protection standards and seek third-party verification to confirm that the project facilities are constructed and installed correctly and are fit for purpose. Operators would also be required to maintain these standards throughout the duration of operations. The proposed Regulations would clarify the application and authorization process and would allow projects to move forward, paving the way for the successful development of new ORE projects and the emergence of a new industry.

Costs of the proposed Regulations

Compliance costs to industry

In the baseline scenario, it is expected that operators will conform with industry standards, adopt best practices, and employ the services of a third-party certification company without being required to do so by regulations. Costs associated with these activities are not considered incremental to this proposal.

Since the CER Act authorizes the Regulator to establish minimum requirements through conditions of authorization related to safety, security, and environmental protection, costs attributable to the proposed Regulations stem only from the mandatory reporting and inspection requirements. As noted in the “Description” section, these requirements include notifying the Regulator of reportable incidents, investigating the incidents, and providing the final investigation report to the Regulator. They also include the provision of periodic summary reports to the Regulator. This cost would take the form of wages paid to personnel for the hours of work associated with the mandatory reporting and inspections. For example, under the scenario outlined above, it is estimated that there would be an average of eight incidents reported each year once all projects are operational, with each report requiring 40 hours to complete.

The operator would also bear incremental costs with respect to the certifying authority’s involvement in the project’s operations life cycle phase. In the baseline scenario, it is assumed that the operator would engage the services of a certifying authority during construction to satisfy insurance requirements; however, it is unlikely that the operator would continue to utilize the services of the certifying authority during regular operations without a regulatory requirement to do so. Therefore, the costs associated with the certifying authority in the operations phase, which include those associated with periodic monitoring and inspection of facilities, equipment and systems to verify their continued integrity, are incremental costs and would also take the form of wages paid to personnel for the hours of work associated with the mandatory inspections and reporting by the certifying authority, which would be billed back to the operator.

These costs would be carried as projects develop and advance in their life cycle. Total costs would depend on the number and size of projects under development during the analysis period.

Small business lens

An analysis under the small business lens concluded that the proposed Regulations would not impact Canadian small businesses. ORE operators that would be impacted by the proposed Regulations would not qualify under the definition of “small businesses.” Furthermore, the proposed Regulations aim to be a blend of management-based and outcome-based requirements and do not impose prescriptive technical requirements that must be adopted; rather, the proposed Regulations would provide the necessary flexibility to allow for innovation and cost reductions, without diminishing safety and environmental protection.

One-for-one rule

The one-for-one rule applies, since there is an incremental increase in the administrative burden on business, and the proposal is considered burden in under the rule. The proposed Regulations would impose administrative costs that arise from the requirements to conserve records that are submitted to the Regulator in support of the application or authorization, the results of surveys conducted, and documents that demonstrate that the work or activities were carried out in the manner proposed by the operator and in compliance with the proposed Regulations.

Given this is an industry with no existing activities in Canada and that it takes time for an operator to obtain all necessary authorizations under the proposed Regulations and any other applicable federal legislation, it is expected that the administrative burden associated with the proposed Regulations will not be carried until two years after the Regulations enter into force and that they will be limited to those records arising from the site assessment and construction phases of two projects undertaken within the first decade following the proposed Regulations coming into force.

The individual responsible for conserving records will likely vary, depending on the nature of the record. However, the 2022 average hourly wage for the National Occupational Classification (NOC) of professional occupations in natural and applied sciences of $46.63 is used as a proxy to estimate the hourly cost. It is estimated that the average time required to conserve a record to be 0.083 hours (five minutes).

The proposed Regulations result in an additional annualized cost of $854 (2012 Can$^{footnote 1}) of administrative burden as estimated using the Red Tape Reduction Regulations’ prescribed method. A new regulatory title (title in) is introduced.

Regulatory cooperation and alignment

The proposed Regulations are not related to an international agreement or obligation, nor do they have any impacts related to a work plan or commitment under a formal regulatory cooperation forum.

The proposed Regulations were, however, inspired in part by the regulatory framework in the United States for the operational safety and environmental protection of ORE projects in U.S. coastal waters. In addition, select elements of Canada’s existing regime for offshore petroleum activities were also adopted, where appropriate, to allow for consistency between the offshore regimes while ensuring that the requirements for ORE were not unnecessarily burdensome, given the risk profile for ORE is much lower than that of petroleum.

It is NRCan’s intent to replicate, to the extent possible, the proposed Regulations in the Canada–Nova Scotia and Canada–Newfoundland and Labrador offshore areas once Bill C-49 receives royal assent and the Accord Acts are amended to expand their application to ORE. The governments of Nova Scotia and Newfoundland and Labrador have been consulted throughout the regulatory development process and have provided input into the proposed Regulations.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan was conducted for this proposal and concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

A gender-based analysis plus (GBA+) assessment was conducted as part of the development of the proposed Regulations and no GBA+ impacts have been identified. The proposed Regulations would establish requirements that operators must meet in carrying out work and activities related to the site assessment, construction, operations, and decommissioning and abandonment of ORE projects to ensure environmental protection and the safety and security of persons and property. The proposed Regulations are not expected to result in differential impacts on GBA+ categories of stakeholders as the ORE sector develops, nor to the public at large.

Implementation

The proposed Regulations would come into force on the day they are registered. It is anticipated that the Regulator may develop guidance materials to assist interested parties and future operators in the interpretation of these proposed Regulations, where the Regulator has determined that additional guidance could be helpful. Consistent with its regular practice, the Regulator would update its website to provide information about these proposed Regulations and would work to address any questions that interested parties and future operators have with respect to the interpretation and compliance of the proposed Regulations.

Compliance and enforcement

Compliance and enforcement activities would follow established CER approaches and procedures to monitor compliance under, and enforce, the CER Act and the regulations made thereunder. Part 2 of the Act sets out the powers of inspection officers to administer and enforce the Act and the proposed Regulations, for the purpose of ensuring the safety and security of persons and facilities, as well as the protection of property and the environment.

The Regulator may become aware of non-compliance through regular inspections, condition reviews, meetings, audits, and incidents and near misses to be reported to the CER under the proposed Regulations through immediate or periodic reporting requirements. The CER has a variety of compliance and enforcement tools, such as notices of non-compliance, inspection officer orders, warning letters, Commission orders or letters of direction, suspension of operations, administrative monetary penalties and prosecution. More than a single tool may be employed to obtain or promote compliance, deter future non-compliance or to prevent harm.

An inspection officer who has reasonable grounds to believe that a requirement of the CER Act or its regulations is being, or has been, contravened may order a person to stop the contravention. They may also order a person to stop doing something that may cause a hazard to the safety or security of persons or cause damage to property or the environment, and to take any measure that is necessary to prevent or mitigate those hazards, or to ensure compliance and/or mitigate the effects of non-compliance with the Act and its regulations.

Failure to comply with an order from the Commission or an inspection officer is a prosecutable offence under the Act, and penalties include, on summary conviction, a fine up to $100,000, imprisonment for a maximum term of one year, or both; and, on conviction of an indictment, a fine up to $1 million, or imprisonment for a maximum term of five years, or both. The CER Act also provides the CER with the authority necessary to establish, with the approval of the Governor in Council, regulations related to the designation of violations that are subject to administrative monetary penalties, as well as the determination of the amount payable as the penalty.

Contact

Kim Phillips
Senior Regulatory Officer
Renewable and Electrical Energy Division
Department of Natural Resources
Telephone: 902‑402‑0285
Email: nrcan.offshorerenewables-renouvelablesextracotieres.rncan@canada.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council proposes to make the annexed Canada Offshore Renewable Energy Regulations under section 312 of the Canadian Energy Regulator Act ^{footnote a}.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Kim Phillips, Senior Regulatory Officer, Renewable and Electrical Energy Division, Natural Resources Canada, 580 Booth Street, 19th Floor, Ottawa, Ontario K1A 0E4 (email: nrcan.offshorerenewables-renouvelablesextracotieres.rncan@canada.ca).

Ottawa, February 19, 2024

Wendy Nixon
Assistant Clerk of the Privy Council

Canada Offshore Renewable Energy Regulations

Interpretation

Definitions

1 The following definitions apply in these Regulations.

Act

means the Canadian Energy Regulator Act. (Loi)

control system

means any system, station or panel used to monitor the status and control the operation of the equipment used for an offshore renewable energy project or offshore power line. (système de contrôle)

operations site

means a site where authorized work or activities are carried on in relation to an offshore renewable energy project or offshore power line. (emplacement des opérations)

operator

means an applicant for, or a holder of, an authorization under section 298 of the Act. (exploitant)

physical and environmental conditions

means any physical, geotechnical, seismic, oceanographic, meteorological or ice conditions that might affect authorized work or activities. (conditions physiques et environnementales)

reportable incident

means any of the following incidents that occur in relation to an offshore renewable energy project or offshore power line:

• (a) a loss of life;
• (b) an injury that prevents an employee from reporting for work or from effectively performing all the duties connected with the employee’s regular work on any day subsequent to the day on which the injury occurred, whether or not that subsequent day is a working day for that employee;
• (c) a fire or explosion;
• (d) a collision;
• (e) any adverse impact on the environment, the production of debris or the introduction into the environment of any substance or form of energy that is likely to have an adverse impact on the environment, unless that adverse impact, production or introduction is authorized or explicitly anticipated in an application for an authorization;
• (f) any damage to archaeological or cultural resources;
• (g) a significant disruption to authorized work or activities due to the carrying on of an activity, or the introduction into the environment of a substance, by a person unrelated to the project or power line;
• (h) an impairment to the reliability of the power system of the project or power line;
• (i) the impairment of a support craft or of any facility, equipment or system that is critical to safety, security or environmental protection;
• (j) the implementation of emergency response procedures. (incident à signaler)

support craft

means a vessel, vehicle, aircraft or other conveyance used to provide transportation or assistance to persons at an operations site. (véhicule de service)

vessel

has the same meaning as in section 2 of the Canada Shipping Act, 2001. (navire)

Incorporation by reference

2 (1) In these Regulations, any incorporation by reference of a document is an incorporation by reference of the most recent version of that document.

Bilingual document

(2) Despite subsection (1), if a document that is incorporated by reference is available in both official languages, any amendment to it is incorporated only when the amended version is available in both official languages.

Authorization and Conditions of Authorization

Requirements for All Applications and Conditions of Every Authorization

General

Carrying on work or activities

3 For the purposes of subsection 298(2) of the Act, information submitted in an application for an authorization must demonstrate that the work or activities will be carried on in a manner that is safe and secure, that protects property and the environment, that is in conformity with all applicable laws in respect of safety, security and environmental protection and that takes into account the potential future impacts of climate change.

Level of detail

4 The information submitted in support of an application and all documents and information submitted to the Regulator as a condition of an authorization must provide a level of detail that is proportionate to the scope, nature and complexity of the proposed work or activities.

Applications

Contents

5 For the purposes of subsection 298(2) of the Act, every application for authorization to carry on work or activities in relation to an offshore renewable energy project or offshore power line must include the following information and documents:

• (a) the name and contact information of an authorized representative of the operator;
• (b) a general description of the project or power line as a whole, including any plans for overlapping or concurrent authorizations, for the proposed work or activities to be undertaken in stages or for developing the overall project in stages;
• (c) a description of the work or activities that are the subject of the application, including
  • (i) the objectives to be attained, and
  • (ii) the scope of the proposed work or activities and maps or charts showing the preferred locations of all operations sites, as well as any other locations that are being considered;
• (d) a description of the anticipated use of support craft and any other vessel, vehicle, aircraft or conveyance and associated equipment and systems in carrying on the work or activities that are the subject of the application;
• (e) an execution plan and a schedule for undertaking the work or activities that are the subject of the application, including an indication of the need for any overlapping or concurrent authorizations or for undertaking the work or activities in stages, if applicable;
• (f) if applicable, the results of
  • (i) relevant surveys and monitoring programs, including those from previously authorized work or activities in relation to the project or power line, and
  • (ii) relevant analyses and assessments based on the data from such surveys and monitoring programs;
• (g) a description of how the results referred to in paragraph (f) were taken into account in the planning of the work or activities that are the subject of the application;
• (h) the name, position and contact information of the accountable person designated under subsection 23(2);
• (i) a description of the measures that will be put in place to conform with all applicable laws relating to safety, security or environmental protection;
• (j) a description of the potential effects that the work or activities that are the subject of the application may have on any other users of the operations site;
• (k) a list of all the permits that are required in relation to the work or activities that are the subject of the application;
• (l) the target levels of safety, security and environmental protection that the operator proposes to establish under section 31 for the work or activities that are the subject of the application; and
• (m) a description of how the operator will conduct the work or activities that are the subject of the application in a manner that is in keeping with any information provided, any approach or methodology proposed and any technologies put forward in an application in respect of any previously authorized work or activities in relation to the project or power line and, if the operator is proposing changes to that information or those approaches, methodologies or technologies, a detailed description of the changes that are being proposed, the rationale for those changes and a description of their effect.

Conditions of Every Authorization — Management System and Associated Plans

Development and implementation

6 (1) For the purposes of subsection 298(9) of the Act, every authorization is subject to the condition that the operator develop and implement the following system and plans before the authorized work or activities begin:

• (a) a management system that meets the requirements set out in section 7;
• (b) a safety plan that meets the requirements set out in section 8;
• (c) an environmental protection plan that meets the requirements set out in section 9; and
• (d) an emergency management plan that meets the requirements set out in section 10.

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 and plans before the authorized work or activities begin:

• (a) a description of the management system, an explanation of how it has been implemented and a statement, signed by the accountable person designated under subsection 23(2), confirming that it has been implemented;
• (b) the safety plan;
• (c) the environmental protection plan; and
• (d) the emergency management plan.

Management system

7 (1) The management system must establish the overall direction and framework for reducing risks to safety, security and the environment, including measures for ensuring the reliable operation of the facilities, equipment and systems related to an offshore renewable energy project or offshore power line and appropriate response in case of an emergency.

Overarching requirements

(2) The management system must

• (a) be commensurate with the scope, nature and complexity of the authorized work or activities and the associated hazards and risks;
• (b) cover all of the authorized work or activities;
• (c) be explicit, comprehensive and proactive; and
• (d) foster a culture of safety.

Standards

(3) The management system must identify the management system standards on which it is based.

Contents

(4) The management system must include the overarching policies, processes, procedures and protocols related to safety, security, environmental protection, reliability of facilities, equipment and systems and emergency response, including

• (a) processes for establishing and maintaining measurable goals and associated performance indicators for the management system;
• (b) processes for ensuring that all persons have the necessary experience, training, qualifications and competence and receive the supervision that is necessary for them to carry out the duties that they are assigned;
• (c) policies setting out the roles, responsibilities and authority of all persons exercising functions under the management system, as well as processes for making those persons aware of their roles, responsibilities and authority;
• (d) processes for
  • (i) identifying hazards that may arise during the authorized work or activities, including hazards related to human and organizational factors,
  • (ii) assessing the risks associated with the identified hazards and determining the measures that will be taken to minimize those risks,
  • (iii) establishing an inventory of the identified hazards and the measures that will be taken to minimize the associated risks, and
  • (iv) keeping that inventory up to date;
• (e) processes for internally and externally communicating documents and information related to safety, security, environmental protection, reliability of facilities, equipment and systems and emergency response, including communications with persons who may be exposed to a hazard regarding the measures that will be taken to minimize the associated risks;
• (f) processes for coordinating and managing the work of the operator, suppliers, service providers and other persons involved in carrying on the authorized work or activities, including processes for ensuring concordance between the processes and procedures put in place by the operator and by service providers;
• (g) processes for auditing and evaluating the management system to ensure that it is functioning and achieving the measurable goals and associated performance indicators referred to in paragraph (a) and, if any deficiencies or areas for improvement are identified, processes for ensuring that the management system is updated to correct those deficiencies and make improvements;
• (h) processes for inspecting, monitoring, testing and maintaining all facilities, equipment and systems related to an offshore renewable energy project or offshore power line, including those set out in the integrity management program referred to in paragraph 17(a), if applicable, and, if any deficiencies or areas for improvement are identified, processes for ensuring that measures are taken to correct those deficiencies and make improvements;
• (i) processes for ensuring continuous improvement, including processes for
  • (i) internally reporting hazards, reportable incidents and situations that had the potential to result in a reportable incident,
  • (ii) analyzing the hazards, reportable incidents and situations and conducting investigations as required,
  • (iii) identifying the root cause and causal and contributing factors in respect of the hazards, reportable incidents and situations, including any human or organizational factors,
  • (iv) taking corrective and preventive measures, including steps to manage imminent hazards,
  • (v) analyzing trends in respect of the hazards, reportable incidents and situations,
  • (vi) providing feedback to those who have made a report, and
  • (vii) communicating documents and information concerning best practices or lessons learned from the hazards, reportable incidents and situations that might improve safety, security, environmental protection, reliability of facilities, equipment and systems and emergency response;
• (j) processes for identifying, evaluating and managing any changes that could affect safety, security, environmental protection, reliability of facilities, equipment and systems and emergency response;
• (k) processes for receiving information and concerns related to safety, security and environmental protection from the general public and for reviewing and responding to such information and concerns;
• (l) processes for ensuring that all documents associated with the management system are approved by a person with the necessary authority and are periodically reviewed and updated when necessary;
• (m) processes for managing records associated with the management system and records that are necessary to support operational requirements or demonstrate compliance with all laws related to safety, security and environmental protection that apply in respect of an offshore renewable energy project or offshore power line, for the purpose of ensuring that those records are generated, identified, controlled and retained and are readily accessible for consultation and examination by those persons who require access to them; and
• (n) processes for monitoring compliance with and preventing non-compliance with the conditions of the authorization and all laws related to safety, security and environmental protection that apply in respect of an offshore renewable energy project or offshore power line.

Safety plan

8 (1) The safety plan must set out the procedures, practices and resources and the sequence of key safety-related activities that are necessary to safely carry out the authorized work or activities and must include the following information:

• (a) a description of how the safety plan
  • (i) integrates and reflects the processes and principles set out in the management system that relate to safety, and
  • (ii) ensures that the obligations set out in these Regulations with regard to safety are met;
• (b) a summary of the studies and a description of the processes that were used to
  • (i) identify the safety hazards that may arise during the authorized work or activities, including any safety hazards that may arise due to activities taking place in the vicinity of the operations site, and
  • (ii) assess the safety risks associated with the identified hazards;
• (c) a description of the hazards that were identified under subparagraph (b)(i) and the results of the risk assessment under subparagraph (b)(ii);
• (d) a description of the measures that will be taken to anticipate, monitor, avoid and minimize the safety risks associated with the identified hazards, including, if the possibility of ice hazards exists, measures for detecting, forecasting, monitoring and reporting those hazards, as well as measures for data collection and, if applicable, for ice avoidance or deflection;
• (e) an evaluation of the anticipated effectiveness of the measures referred to in paragraph (d) and of how those measures will assist in meeting the target levels of safety referred to in section 31;
• (f) a description of the methods that will be used to communicate with individuals who may be directly affected by the identified hazards regarding the existence of those hazards and the measures that will be taken to minimize the associated safety risks;
• (g) a description of all the facilities, equipment and systems that are critical to safety that are to be used during the authorized work or activities and a summary of the procedures and policies that will be put in place for their inspection, testing and maintenance;
• (h) a description of the training required by the individuals who will be carrying on the authorized work or activities and the experience, qualifications and competencies that they must possess;
• (i) a description of how the personnel, procedures and equipment to be used in any diving operation, including compression and decompression equipment and equipment used for rescue and recovery operations, will meet
  • (i) the requirements of Part XVIII of the Canada Occupational Health and Safety Regulations, and
  • (ii) the prevailing industry standards and best practices that are appropriate for the water depth and type of diving to be carried on;
• (j) a description of the measures that will be taken to monitor compliance with the safety plan and to evaluate performance in relation to the plan’s objectives, including data collection and analysis, inspections and audits;
• (k) a description of the organizational structure and the chain of command for ensuring that the authorized work or activities are carried on safely; and
• (l) a description of the processes that will be put in place to identify, evaluate and manage any changes related to the authorized work or activities that could affect safety.

Service providers

(2) If the operator contracts for the provision of services with respect to the authorized work or activities, the safety plan must also include the following:

• (a) a description of how the service provider’s procurement and selection process takes into consideration past performance in relation to safety;
• (b) a description of the service provider’s roles and responsibilities with respect to safety;
• (c) a description of the measures that will be put in place to oversee the work or activities of the service provider and to ensure their compliance with the safety plan; and
• (d) a description of how the operator and the service provider will communicate with each other regarding any safety issues that may arise during the work or activities.

Environmental protection plan

9 (1) The environmental protection plan must set out the procedures, practices and resources that will be put in place to manage environmental hazards and protect the environment and must include the following information:

• (a) a description of how the environmental protection plan
  • (i) integrates and reflects the processes and principles set out in the management system that relate to environmental protection, and
  • (ii) ensures that the obligations set out in these Regulations with regard to environmental protection are met;
• (b) a summary of the studies and a description of the processes that were used to
  • (i) identify the environmental hazards that may arise during the authorized work or activities, including any environmental hazards that may arise due to activities taking place in the vicinity of the operations site, and
  • (ii) assess the environmental risks associated with the identified hazards;
• (c) a description of the hazards that were identified under subparagraph (b)(i) and the results of the risk assessment under subparagraph (b)(ii);
• (d) the measures that will be taken to anticipate, monitor, avoid and minimize the environmental risks associated with the identified hazards;
• (e) an evaluation of the anticipated effectiveness of the measures referred to in paragraph (d) and of how those measures will assist in meeting the target levels of environmental protection referred to in section 31;
• (f) a description of the methods that will be used to communicate with individuals who may be directly affected by the identified hazards regarding the existence of those hazards and the measures that will be taken to minimize the associated environmental risks;
• (g) a description of all the facilities, equipment and systems that are critical to the protection of the environment that are to be used during the authorized work or activities and a summary of the procedures and policies that will be put in place for their inspection, testing and maintenance;
• (h) a description of the organizational structure and the chain of command for ensuring that the authorized work or activities are carried on in a manner that minimizes environmental hazards;
• (i) a description of the procedure to be followed if an archaeological site or a burial ground is discovered during the authorized work or activities;
• (j) a description of the measures that will be taken to monitor compliance with the environmental protection plan and to evaluate performance in relation to the plan’s objectives, including data collection and analysis, inspections and audits; and
• (k) a description of the processes that will be put in place to identify, evaluate and manage any changes related to the authorized work or activities that could affect the protection of the environment.

Service providers

(2) If the operator contracts for the provision of services with respect to the authorized work or activities, the environmental protection plan must also include the following:

• (a) a description of how the service provider’s procurement and selection process takes into consideration past performance in relation to environmental protection;
• (b) a description of the service provider’s roles and responsibilities with respect to environmental protection;
• (c) a description of the measures that will be put in place to oversee the work or activities of the service provider and to ensure their compliance with the environmental protection plan; and
• (d) a description of how the operator and the service provider will communicate with each other regarding any environmental issues that may arise during the work or activities.

Emergency management plan

10 (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, subject to subsection (3), include the following documents and information:

• (a) a description of how the emergency management plan
  • (i) integrates and reflects the processes and principles set out in the management system that relate to emergency response, and
  • (ii) ensures that the obligations set out in these Regulations with regard to emergency response are met;
• (b) an identification of the types of incidents, in relation 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 that will be used for emergency response;
• (f) a description of the methods that will be used to constantly monitor the facilities and the work or activities in real time, including at night and during periods of poor visibility;
• (g) the frequency and scope of the emergency response drills and exercises that will be carried out to test and validate emergency response procedures and practices; and
• (h) a description of the measures that will be taken to ensure that first responders, personnel at relevant medical facilities, organizations and agencies and other users of the ocean that are carrying on activities within or adjacent to an operations site are informed of and provided with instructions and updates concerning
  • (i) the location of the facilities,
  • (ii) the potential emergency situations that may arise in relation to the 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 that will be made available for emergency response to each type of incident;
• (b) the safe shutdown of facilities, equipment and systems in the event of an emergency;
• (c) personnel evacuation plans, including, if applicable, evacuation plans for divers engaged in a dive;
• (d) the notification, investigation and reporting of incidents in accordance with section 50;
• (e) the protocols to be used for communicating with the relevant federal, provincial and municipal authorities or Indigenous governing bodies during an emergency response; and
• (f) coordination and liaison with all relevant emergency response organizations during an emergency response.

Exception for site assessment

(3) In the case of an authorization in relation to the site assessment for an offshore renewable energy project or offshore power line, the information referred to in paragraphs (1)(f) to (h) and the emergency response procedures referred to in paragraphs (2)(b) and (c) are only required to be included in the emergency management plan if they are relevant for the authorized work or activities.

Site Assessment

Application — additional contents

11 For the purposes of subsection 298(2) of the Act, an application for authorization to carry on work or activities in relation to the site assessment for an offshore renewable energy project or offshore power line must include, in addition to the information set out in section 5,

• (a) a description of the surveys that are proposed to be conducted, including any seafloor hazard surveys and any biological, environmental, geological, geotechnical, geophysical, oceanographic, meteorological or archaeological surveys, as well as of any analyses or assessments to be performed using the data obtained from those surveys;
• (b) a description of the facilities, equipment and systems to be put in place for the site assessment, their proposed location, capabilities and limitations and, if any facilities, equipment or systems are to be installed on or moored to the seafloor, how they will be abandoned or removed;
• (c) a risk assessment in respect of the proposed work or activities that addresses the safety and security of persons and infrastructure at or in the vicinity of an operations site; and
• (d) an environmental and socio-economic assessment in respect of the proposed work or activities that addresses the factors referred to in paragraphs 298(3)(a) to (f) of the Act other than those factors that are addressed in the risk assessment referred to in paragraph (c).

Construction, Operation and Maintenance

Application — additional contents

12 For the purposes of subsection 298(2) of the Act, an application for authorization to carry on work or activities in relation to the construction, operation and maintenance of an offshore renewable energy project or offshore power line must include, in addition to the information set out in section 5,

• (a) a list of the industry standards and best practices to be used in the design of the facilities, equipment and systems related to the project or power line, as well as any data sets to be used to establish operational and extreme loading conditions;
• (b) a description of the facilities, equipment and systems to be constructed, operated and maintained and their proposed location, capabilities and limitations, including, in the case of an offshore power line, maps that show
  • (i) if applicable, the preferred location of each terminal point and each provincial interconnection point for the power line, as well 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;
• (c) a description of any existing infrastructure that was identified during the site assessment and an explanation of how that infrastructure was taken into account in the planning of the proposed work or activities;
• (d) a risk assessment in respect of the proposed work or activities for the construction, operation and maintenance of the project or power line, as well as the anticipated work or activities for its decommissioning and abandonment, that addresses the safety and security of persons and infrastructure at or in the vicinity of facilities, equipment or systems related to the project or power line, including any risks associated with the navigation of vessels, vehicles, aircraft or other conveyances in that vicinity;
• (e) an environmental and socio-economic assessment in respect of the proposed work or activities for the construction, operation and maintenance of the project or power line, as well as the anticipated work or activities for its decommissioning and abandonment, that addresses the factors referred to in paragraphs 298(3)(a) to (f) of the Act other than those factors that are addressed in the risk assessment referred to in paragraph (d);
• (f) a description of the quality assurance program referred to in section 25 and an identification of the standard referred to in subsection 25(3) with which the program conforms;
• (g) the name of the organization that the operator proposes to engage as a certifying authority, a description of the organization’s qualifications to assume the responsibilities referred to in subsection 41(3) and the proposed general scope and timing of the activities to be carried out by that organization in relation to the issuance of a certificate of fitness under subsection 45(1);
• (h) a high-level description of the anticipated decommissioning and abandonment plan referred to in section 21; and
• (i) an estimate of the costs of the decommissioning and abandonment and the manner in which the operator will finance or pay for those costs.

Additional conditions — construction

13 For the purposes of subsection 298(9) of the Act, an authorization in relation to the construction, operation and maintenance of an offshore renewable energy project or offshore power line is, in addition to being subject to the conditions set out in section 6, subject to the condition that the operator ensure that the following documents and information are submitted to and approved by the Regulator before the authorized work or activities related to construction begin:

• (a) a facility design report that meets the requirements of section 14;
• (b) a fabrication and construction report that meets the requirements of section 15;
• (c) a facilities reliability report that meets the requirements of section 16;
• (d) a preliminary version of the integrity management program referred to in paragraph 17(a);
• (e) a description of the proposed navigational safety zones for the purposes of subsection 27(1) or a justification as to why navigational safety zones are not needed; and
• (f) the plan referred to in section 46, prepared by the certifying authority, for the periodic inspection of the facilities, equipment and systems related to the project or power line during its construction.

Facility design report

14 (1) The facility design report must contain a comprehensive description of the design of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line that are outlined in the authorization, including

• (a) front, side and plan view technical drawings;
• (b) a complete set of structural drawings for the fabrication and construction of the facilities, equipment and systems;
• (c) a summary of the physical and environmental data used in analyzing the design of the facilities, equipment and systems;
• (d) a summary of the engineering design criteria and data;
• (e) the target levels of safety, security and environmental protection referred to in section 31;
• (f) a copy of the studies used in designing the facilities, equipment and systems and planning their installation, including geotechnical and metocean analyses;
• (g) a description of the loads that will be imposed on the facilities;
• (h) detailed information on the structural integrity and stability of any floating infrastructure;
• (i) a description of the major electrical components to be used in the facilities, equipment and systems, including a single-line diagram that illustrates and identifies each of those components;
• (j) a description of the measures, including the markings, lighting and signalling, that will be put in place to identify the facilities, equipment and systems, warn any vessels, vehicles, aircraft and other conveyances navigating in the vicinity of their presence and prevent any collisions, including in reduced visibility conditions; and
• (k) an identification of the design life of the project or power line as a whole, as well as that of its significant components.

Additional requirements

(2) The facility design report must also

• (a) demonstrate that the design conforms with all applicable laws and the conditions of the authorization;
• (b) demonstrate that the design is in keeping with any information provided, any approach or methodology proposed and any technologies put forward in an application in respect of any previously authorized work or activities in relation to the offshore renewable energy project or offshore power line; and
• (c) include the certification statement referred to in paragraph 41(3)(a).

Fabrication and construction report

15 (1) The fabrication and construction report must contain a comprehensive description of how the facilities, equipment and systems related to the offshore renewable energy project or offshore power line will be fabricated, transported, constructed and installed, including

• (a) a schedule for the authorized work or activities related to the fabrication and construction of the facilities, equipment and systems;
• (b) a list of the prevailing industry standards and best practices that will be followed to ensure that the facilities, equipment and systems are fabricated and constructed according to the design set out in the facility design report;
• (c) detailed information about how fabricated components will be transported to the operations site and installed, including a description of the vessels, equipment, systems and, if applicable, anchoring and mooring arrangements that will be used; and
• (d) information concerning the methods and vessels that will be used to bury or otherwise protect cables or pipelines, if applicable.

Additional requirements

(2) The fabrication and construction report must also

• (a) demonstrate how the proposed fabrication and construction will conform with
  • (i) all applicable laws,
  • (ii) the conditions of the authorization,
  • (iii) the design set out in the facility design report, and
  • (iv) prevailing industry standards and best practices;
• (b) demonstrate how the proposed fabrication and construction is in keeping with any information provided, any approach or methodology proposed and any technologies put forward in an application in respect of previously authorized work or activities in relation to the offshore renewable energy project or the offshore power line; and
• (c) include the certification statement referred to in paragraph 41(3)(b).

Facilities reliability report

16 (1) The facilities reliability report must outline

• (a) the measures that will be put in place to ensure the reliability of the power system related to an offshore renewable energy project and associated offshore power lines;
• (b) the impacts that the offshore renewable energy project and associated offshore power lines will have on the bulk power system;
• (c) the projected maximum power transfer capabilities of the offshore renewable energy project and associated offshore power lines under both winter and summer conditions, the criteria for the stated power transfer capabilities and mitigation measures in the event of severe weather conditions; and
• (d) the reliability standards to which the offshore renewable energy project and associated offshore power lines will be subject during operation.

Additional requirements

(2) The facilities reliability report must also demonstrate that the proposed measures to ensure the reliability of the power system are in conformity with all applicable laws and the conditions of the authorization.

Additional conditions — operation and maintenance

17 For the purposes of subsection 298(9) of the Act, an authorization in relation to the construction, operation and maintenance of an offshore renewable energy project or offshore power line is, in addition to being subject to the conditions set out in section 6, subject to the condition that the operator ensure that the following documents and information are submitted to and approved by the Regulator before the authorized work or activities related to operation and maintenance begin:

• (a) a finalized integrity management program that meets the requirements set out in section 18;
• (b) a preliminary version of the decommissioning and abandonment plan referred to in section 21 that builds on the high-level description of that plan referred to in paragraph 12(h);
• (c) any updates to the information provided under paragraph 12(i);
• (d) a description of the proposed navigational safety zones for the purposes of subsection 27(1) or a justification as to why navigational safety zones are not needed;
• (e) the certificate of fitness issued under subsection 45(1) in respect of the facilities, equipment and systems related to project or power line; and
• (f) the plan referred to in section 46, prepared by the certifying authority, for the periodic inspection of the facilities, equipment and systems related to the project or power line during its operation and maintenance.

Integrity management program

18 (1) The integrity management program must be aimed at ensuring that all facilities, equipment and systems related to the offshore renewable energy project or offshore power line

• (a) meet the requirements under all applicable laws in respect of the design of such facilities, equipment and systems;
• (b) are tested, inspected, monitored, maintained and operated in such a way as to ensure safety, security and environmental protection under the maximum loads and operating conditions that are likely to exist during any authorized work or activities; and
• (c) remain 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.

Risk assessment

(2) The integrity management program must be based on a risk assessment that is conducted in accordance with industry best practices and that takes into account the assumptions on which the design is based.

Monitoring, inspection and testing

(3) The integrity management program must set out the measures that will be taken by the operator to monitor the condition of facilities, equipment and systems related to the offshore renewable energy project or offshore power line and conduct periodic inspections and testing, including

• (a) the measures that will be taken to evaluate the condition of the facilities, equipment and systems and the operational, physical and environmental conditions to which they are subjected;
• (b) the scope and frequency of the periodic inspections that are necessary to ensure the continued safe functioning and performance of the facilities, equipment and systems;
• (c) a description of the incidents, including natural events and accidents, that will trigger an inspection; and
• (d) the scope of the inspection that will be conducted after an incident occurs.

Additional requirements

(4) The integrity management program must also include the certification statement referred to in paragraph 41(3)(c).

Documentation of results

(5) The operator must document the results of the monitoring, inspection and testing carried out for the purposes of the integrity management program.

Decommissioning and Abandonment

Application — additional contents

19 For the purposes of subsection 298(2) of the Act, an application for authorization to carry on work or activities in relation to the decommissioning and abandonment of an offshore renewable energy project or offshore power line must include, in addition to the information set out in section 5

• (a) a description of any existing infrastructure at the operations site and an explanation of how that infrastructure was taken into account in the planning of the work or activities that are the subject of the application;
• (b) the findings from an assessment of the condition of any facilities, equipment or systems that are to be decommissioned and abandoned;
• (c) a description of the facilities, equipment and systems that will be decommissioned and abandoned in place or decommissioned, removed and disposed of, as the case may be, including, if applicable, the methods that will be used to remove and transport them and how and where they will be disposed of;
• (d) a risk assessment in respect of the work or activities that are the subject of the application that addresses the safety and security of persons and infrastructure at or in the vicinity of facilities, equipment or systems related to the project or power line, including any risks associated with the navigation of vessels, vehicles, aircraft or other conveyances in that vicinity;
• (e) an environmental and socio-economic assessment in respect of the work or activities that are the subject of the application that addresses the factors referred to in paragraphs 298(3)(a) to (f) of the Act other than those factors that are addressed in the risk assessment referred to in paragraph (d);
• (f) a description of the methods that will be used to restore the operations site after the facilities, equipment and systems have been decommissioned and abandoned; and
• (g) an estimate of the costs of the decommissioning and abandonment and the manner in which the operator will finance or pay for those costs.

Additional conditions — decommissioning and abandonment

20 For the purposes of subsection 298(9) of the Act, an authorization in relation to the decommissioning and abandonment of an offshore renewable energy project or offshore power line is, in addition to being subject to the conditions set out in section 6, subject to the condition that the operator ensure that the following document and information are submitted to and approved by the Regulator before the authorized work or activities related to decommissioning and abandonment begin:

• (a) a detailed finalized decommissioning and abandonment plan in respect of the project or power line that meets the requirements set out in section 21; and
• (b) a description of the proposed navigational safety zones for the purposes of subsection 27(1) or a justification as to why navigational safety zones are not needed.

Decommissioning and abandonment plan

21 The decommissioning and abandonment plan must include the following information:

• (a) the proposed approach for decommissioning and abandoning the facilities, equipment and systems related to the offshore renewable energy project or offshore power line, including details regarding their removal, transportation and disposal, if applicable;
• (b) a description of the safety, security and environmental protection measures that will be implemented during the decommissioning and abandonment to ensure compliance with all applicable laws;
• (c) a description of the potential effects that the decommissioning and abandonment will have on the environment and on other users of the operations site; and
• (d) the methods that will be used to restore the operations site after the decommissioning and abandonment.

General Requirements for Operators

Management System and Associated Plans

Implementation

22 (1) The operator must continue to implement the management system, safety plan, environmental protection plan and emergency management plan referred to in section 6 for the duration of all authorized work or activities in relation to the offshore renewable energy project or offshore power line.

Updates

(2) The operator must ensure that the management system, safety plan, environmental protection plan and emergency management plan are updated periodically to ensure that they continue to meet the requirements set out in sections 7, 8, 9 and 10, respectively.

Human resources

23 (1) The operator must ensure that there are sufficient financial and human resources to implement and continually improve the management system, 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 management system, safety plan, environmental protection plan and emergency management plan and provide that person with the necessary authority for assigning financial and human resources to develop, implement and make ongoing improvements to that system and those plans.

Change — accountable person

(3) If there is any change to the information provided under paragraph 5(h), the operator must provide updated information to the Regulator as soon as feasible.

Integrity Management Program and Quality Assurance Program

Integrity management program

24 (1) The operator must implement the integrity management program referred to in paragraph 17(a) for the duration of all authorized work or activities in relation to the operation and maintenance of the offshore renewable energy project or offshore power line.

Updates

(2) The operator must ensure that the integrity management program is updated periodically so that it continues to meet the requirements set out in section 18.

Quality assurance program

25 (1) The operator must develop a quality assurance program in respect of the fabrication, transportation, installation and commissioning of all facilities, equipment and systems related to the offshore renewable energy project or offshore power line and any components used in the maintenance of those facilities, equipment and systems.

Requirements

(2) The quality assurance program must be comprehensive and must set out the requirements for monitoring, documenting and managing quality to ensure that the facilities, equipment and systems are fit for the purposes for which they are to be used.

Conformity with recognized standard

(3) The quality assurance program must be in conformity with a recognized Canadian or international standard for quality management.

Implementation

(4) The operator must implement the quality assurance program for the duration of all authorized work or activities other than work or activities related to site assessment.

Updates

(5) The operator must ensure that the quality assurance program is updated periodically.

Conduct of Authorized Work or Activities

Safety, security and environmental protection

26 (1) The operator must conduct all authorized work or activities in a manner that ensures safety, security and environmental protection by

• (a) complying with the requirements of the management system, safety plan, environmental protection plan, emergency management plan, integrity management program and quality assurance program and ensuring that all employees, suppliers, service providers and other persons involved in the authorized work or activities comply with those requirements;
• (b) respecting any limitations set out in the certificate of fitness issued in relation to the operation of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line to ensure that their operation does not pose a threat to safety, security or the environment;
• (c) monitoring the compliance of employees, suppliers, service providers and other persons involved in the authorized work or activities with all conditions of authorization;
• (d) ensuring the safe and reliable operation of facilities, equipment and systems related to the offshore renewable energy project or offshore power line;
• (e) taking all reasonable measures to minimize damage to property;
• (f) taking all reasonable measures to minimize adverse effects for other users of the sea;
• (g) using the best available technologies for mitigating adverse effects on people and the environment that are economically feasible to implement;
• (h) complying with prevailing industry standards and best practices; and
• (i) taking all reasonable measures to prevent debris and to minimize the introduction into the environment of any substance or form of energy that is likely to have an adverse impact on the environment.

Equipment and systems

(2) The operator must ensure that

• (a) all equipment and systems that are used during the authorized work or activities are tested, inspected, maintained, operated and handled in such a way as to ensure safety, security and environmental protection, taking into consideration the manufacturer’s instructions and any applicable standards; and
• (b) any defective components are promptly repaired or replaced, taking into consideration the manufacturer’s instructions and any applicable standards.

Personnel

(3) The operator must ensure that

• (a) persons who are assigned duties or who carry out authorized work or activities have the necessary experience, training, qualifications and competence to carry out the duty, work or activities in compliance with these Regulations and in a manner that ensures safety, security and environmental protection; and
• (b) the persons referred to in paragraph (a) are sufficient in number and receive the supervision that is necessary for them to carry out the duty, work or activities in a manner that ensures safety, security and environmental protection.

Navigational Safety Zones

Measures to protect against collision

27 (1) The operator must take measures to protect facilities, equipment and systems at an operations site against collision with vessels, vehicles, aircraft and other conveyances operating in the vicinity of the facilities, equipment and systems from the time their construction begins until their decommissioning and abandonment is completed, including by

• (a) establishing the navigational safety zones referred to in paragraph 13(e), 17(d) or 20(b), as the case may be, that are approved by the Regulator; and
• (b) ensuring that the following information is made available to other users of the ocean and brought to the attention of the Canadian Coast Guard and the Canadian Hydrographic Service of the Department of Fisheries and Oceans:
  • (i) the location of the operations site and of the facilities, equipment and systems,
  • (ii) the boundaries of any navigational safety zones, and
  • (iii) a description of the risks associated with navigation in the vicinity of the facilities, equipment and systems.

Boundaries of navigational safety zone

(2) The establishment of the boundaries of a navigational safety zone must be informed by the risk assessment, referred to in paragraph 12(d) or 19(d), in relation to the risks associated with navigation in the vicinity of the facilities, equipment or systems at the operations site, but the distance between the outer extremity of the facilities, equipment or systems and the perimeter of the safety zone must not exceed 500 m in any direction, except as permitted under paragraph 5 of Article 60 of Part V of the United Nations Convention on the Law of the Sea.

Routeing systems and measures

(3) A navigational safety zone must not interfere with established routeing systems and routeing measures related to navigational safety.

Notification

28 The operator must ensure that persons who are in charge of a vessel, vehicle, aircraft or other conveyance that is approaching a navigational safety zone are notified of the safety zone’s boundaries and any hazards related to the facilities, equipment or systems within that safety zone.

Access to navigational safety zone

29 The operator must ensure that support craft and any other vessels, vehicles, aircraft or conveyances that are used to carry on work or activities at an operations site do not enter the navigational safety zone without the consent of the facility manager or the person in charge of the operations site.

Other Requirements

Design requirements

30 (1) The operator must ensure that all facilities, equipment and systems related to an 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 31;
• (b) using the best available technologies for minimizing adverse effects on people, 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, location and associated site-specific physical and environmental conditions.

Physical and environmental conditions

(3) The operator must ensure that every facility and 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 compromising its structural integrity or any of its systems or equipment that are critical to safety, security and environmental protection.

Target levels

31 (1) The operator must establish measurable target levels of safety, security and environmental protection for each work or activity carried on in relation to an 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.

Critical software

32 (1) The operator must ensure that any software that is critical to safety, security and 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, dependencies and interactions between 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).

Software-dependent control systems

33 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) those control systems are designed, installed, commissioned and maintained in such a was 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.

Support craft

34 (1) The operator must ensure that all support craft are capable of providing the necessary support functions and operating safely in the foreseeable physical and environmental conditions prevailing in the area in which they operate.

Availability of support craft

(2) The operator must ensure that

• (a) if there is a potential need for emergency evacuation at a facility, a support craft is, at all times, capable of reaching the facility within 20 minutes; and
• (b) if a person is exposed to a risk of falling into the water at a facility, a support craft is available in the immediate vicinity of the facility and ready to undertake rescue and recovery operations.

Emergency services

(3) A support craft referred to in subsection (2) must be equipped to supply the necessary emergency services, including rescue and first aid treatment, for all persons that are present at a facility.

Fast rescue boat

(4) If a support craft referred to in subsection (2) is equipped with a fast rescue boat, the operator must ensure that the fast rescue boat

• (a) meets the requirements set out in chapter V of the annex to International Maritime Organization Resolution MSC.48(66), entitled International Life-Saving Appliance (LSA) Code;
• (b) is self-righting; and
• (c) is ready for deployment in the event of an emergency and capable of being launched and retrieved when loaded with a full complement of persons and equipment.

Required distance exceeded

(5) If a support craft referred to in paragraph (2)(a) is at any time further from the facility than required by that paragraph, both the facility manager and the person in charge of the support craft must log that fact, along with the reason why the requirement was not respected.

Direction of facility manager

(6) If the facility manager so directs, the support craft crew must keep the craft in the vicinity of the facility, maintain open communication channels with the facility and be prepared to conduct rescue operations during any work or activities or under any conditions that present an increased risk to the safety and security of persons.

Requirements for vessels

35 The operator must ensure that every vessel that is used to carry out authorized work or activities meets the following requirements:

• (a) it is suitable for the nature of the work or activity for which it is to be used;
• (b) it is suitable for the operations site at which it will be used; and
• (c) it is equipped with a rescue boat that is available and ready for use in the event of an emergency.

Evacuation systems and equipment

36 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 wearing an immersion suit, as well as the space they require while wearing such a suit.

Third-party assessment

37 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.

Landing area

38 (1) If personnel will be transported to an operations site or between or within operations sites by aircraft, the operator must ensure that the landing area for the aircraft, or for any person or cargo being 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 in reduced visibility conditions.

Specific requirements — landing and takeoff

(3) In the case of a landing area that will be used for the landing and takeoff of aircraft, the operator must ensure that the landing area is capable of accommodating aircraft of expected sizes and is equipped with

• (a) emergency response and firefighting equipment;
• (b) a monitoring system and a status light system;
• (c) communication and meteorological equipment; and
• (d) if the landing area is on a facility, fuel storage tanks.

Procedures and training program

39 (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 a training program in respect of those procedures.

Access to documents and information

40 The operator must ensure that a copy of the following documents and information is readily accessible at all times at each operations site, 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 as 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 out authorized work or activities in a manner that ensures safety, security and environmental protection.

Certifying Authority and Certificate of Fitness

Certifying authority

41 (1) The operator must engage the services of an organization to serve as a certifying authority.

Approval by Regulator

(2) The organization engaged by the operator must be approved as a certifying authority by the Regulator based on the organization’s qualifications to assume the responsibilities referred to in subsection (3).

Responsibilities of certifying authority

(3) The certifying authority is responsible for

• (a) conducting an independent assessment of the facility design report referred to in paragraph 13(a), including an assessment of the design inputs, the methodologies used in the design and the results of any technical studies undertaken in support of the design, and providing a certification statement to the operator that confirms that the proposed design of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line is in accordance with good engineering practices, the authorization and all applicable laws;
• (b) conducting an independent assessment of the fabrication and construction report referred to in paragraph 13(b) and providing a certification statement to the operator that confirms that the proposed fabrication, construction and installation of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line is in accordance with good engineering practices, the authorization and all applicable laws;
• (c) conducting an independent assessment of the integrity management program referred to in paragraph 17(a) and providing a certification statement to the operator that confirms that the proposed measures to ensure the integrity of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line are in accordance with good engineering practices, the authorization and all applicable laws;
• (d) monitoring and carrying out inspections related to the fabrication, transportation, construction, installation and commissioning of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line, including any major maintenance or modifications;
• (e) assessing whether the facilities, equipment and systems related to the offshore renewable energy project or offshore power line have been fabricated, constructed and installed in accordance with
  • (i) good engineering practices,
  • (ii) the fabrication and construction report referred to in paragraph 13(b), and
  • (iii) the authorization;
• (f) verifying that the facilities, equipment and systems related to the offshore renewable energy project or offshore power line 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;
• (g) issuing a certificate of fitness in respect of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line;
• (h) periodically performing on-site or remote inspections of the facilities, equipment and systems related to the offshore renewable energy project or offshore power line to verify their continued integrity in accordance with the integrity management program referred to in paragraph 17(a) and ensure that they remain 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;
• (i) validating the effectiveness of any measures implemented by the operator to minimize risks in relation to safety, security and the environment that are associated with the facilities, equipment and systems related to the offshore renewable energy project or offshore power line; and
• (j) verifying the validity of the certificate of fitness for as long as the facilities, equipment and systems related to the offshore renewable energy project or offshore power line remain in operation.

Operator’s obligations

42 The operator must ensure that

• (a) the certifying authority has, for the purpose of carrying out its responsibilities, access to the facilities, equipment and systems related to an offshore renewable energy project or offshore power line and to the necessary documentation; and
• (b) the certificate of fitness issued under subsection 45(1) remains valid for as long as the facilities, equipment and systems related to an offshore renewable energy project or offshore power line remain in operation.

Scope of work

43 The certifying authority must submit a scope of work to the Regulator for approval and obtain that approval before undertaking the relevant activities set out in subsection 41(3) in relation to the construction, operation and maintenance of an offshore renewable energy project or offshore power line.

Conduct of functions

44 In conducting 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 set out in subsection 41(3) has the necessary experience, training, qualifications and competence to do so.

Certificate of fitness

45 (1) The certifying authority may, on the basis of the activities set out in subsection 41(3), issue a certificate of fitness in respect of the facilities, equipment and systems related to an offshore renewable energy project or offshore power line.

Fitness for purpose

(2) The certificate of fitness must confirm that the facilities, equipment and systems related to an offshore renewable energy project or offshore power line 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 related to an offshore renewable energy project or offshore power line that the certifying authority considers necessary to ensure that their operation does not pose a threat to safety, security or the environment.

Copy to Regulator

(4) The certifying authority must provide a copy of the certificate of fitness to the Regulator.

Inspection plan

46 (1) The certifying authority must prepare a plan for the periodic inspection of the facilities, equipment and systems related to an offshore renewable energy project or offshore power line during its construction, operation and maintenance and provide that plan to the Regulator.

Review of operator’s records

(2) The plan must

• (a) include a schedule for the periodic review of the operator’s records from the management system to identify any changes that might affect safety, security or environmental protection; and
• (b) be updated as needed to ensure that the facilities, equipment and systems related to the offshore renewable energy project or offshore power line 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.

Independence and impartiality

47 (1) The certifying authority must not issue a certificate of fitness in respect of the facilities, equipment and systems related to an offshore renewable energy project or offshore power line unless the certifying authority is able to carry out the responsibilities referred to in subsection 41(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 on 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 its engagement by the operator as certifying authority and must, without delay, notify the operator and the Regulator of any such conflicts that are identified.

Change of certifying authority

48 (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 41(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 undertake its own 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 transitioning 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 set out in subsection 41(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.

Annual report

49 The certifying authority must, for each calendar year during which authorized work or activities are carried on in relation to the construction, operation and maintenance of an offshore renewable energy project or offshore power line, submit a report to the Regulator within 30 days after the end of that year that includes the following information:

• (a) an overview of the activities performed by the certifying authority during the year;
• (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 personnel that were involved in the relevant activities set out in subsection 41(3);
• (d) if applicable, a description of the methodologies used to carry out the independent assessments referred to in paragraphs 41(3)(a) to (c) and the assessment referred to in paragraph 41(3)(e);
• (e) if applicable, the results of the independent assessments referred to in paragraphs 41(3)(a) to (c) and the assessment referred to in paragraph 41(3)(e);
• (f) a detailed description of the inspections performed during the year, including the scope of those inspections and the methodology used;
• (g) the results of the inspections referred to in paragraph (f); and
• (h) a description of the activities 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.

Notification, Investigation, Reporting and Record-Keeping Requirements for Operators

Notification of incidents

50 (1) The operator must notify the Regulator of the occurrence of a reportable incident as soon as the circumstances permit after it occurs.

Investigation

(2) The operator must ensure that every reportable incident is investigated.

Incident report

(3) The operator must, within 14 days after the day on which a reportable incident occurs, submit a report to the Regulator that includes the following information:

• (a) a description of the reportable incident, where and when it occurred and who was involved;
• (b) a description of the impact of the reportable incident on the facilities, equipment and systems related to an offshore renewable energy project or offshore power line, vessels, persons or the environment;
• (c) the results of the investigation into the reportable incident, including an identification of the root cause of the reportable incident and causal and contributing factors;
• (d) a description of any repairs undertaken to restore any damaged structures to their original design strength or to restore the functionality of any impacted systems and equipment;
• (e) a description of the measures put in place to prevent the occurrence of similar reportable incidents;
• (f) if emergency response procedures were implemented, confirmation of
  • (i) any communications that occurred with the relevant federal, provincial and municipal authorities or Indigenous governing bodies, and
  • (ii) any coordination and liaison with relevant emergency response organizations; and
• (g) any other relevant information.

Periodic reports

51 (1) The operator must submit periodic reports to the Regulator summarizing the following in respect of the period that has elapsed since the day on which the authorization was issued in respect of the work or activities in question or the day after the last day included in the preceding periodic report, as the case may be:

• (a) the work or activities performed;
• (b) the status of the offshore renewable energy project or offshore power line, by reference to the execution plan referred to in paragraph 5(e);
• (c) any deviations from or changes to the execution plan;
• (d) any emergency response drills or exercises referred to in paragraph 10(1)(g) that were carried out;
• (e) any instances of non-conformity with the requirements of these Regulations and the corrective actions that were taken; and
• (f) any reportable incidents and any situations that had the potential to result in a reportable incident.

Beginning of commercial production

(2) The periodic reports must also set out the planned date for the beginning of commercial production of renewable energy, if applicable.

Frequency of submission

(3) The periodic reports must be submitted at the following frequency unless the Commission requires them to be submitted more frequently as a condition of authorization:

• (a) monthly, for any report in respect of authorized work or activities in relation to the construction or the decommissioning and abandonment of the offshore renewable energy project or offshore power line; and
• (b) annually, for any report in respect of authorized work or activities in relation to the site assessment or the operation and maintenance of the offshore renewable energy project or offshore power line.

Final report

52 The operator must, within three months after the day on which all authorized work or activities are completed, submit to the Regulator a final report that includes the following information:

• (a) a statement as to whether the work or activities were carried on as planned and as authorized;
• (b) if the work or activities were not carried on as planned and as authorized, a description of the manner in which the carrying on of the work or activities deviated from what was planned and authorized; and
• (c) a description of the state of the operations site after the completion of all work and activities.

Conservation of records

53 (1) The operator must keep, at their principal place of business in Canada, an electronic copy of the following:

• (a) any documents and information submitted to the Regulator in support of an application for authorization;
• (b) the results of the surveys and programs referred to in subparagraph 5(f)(i) and the surveys referred to in paragraph 11(a);
• (c) all documents and information submitted to the Regulator as a condition of an authorization; and
• (d) all documents and information that demonstrate that the authorized work or activities were carried on
  • (i) in a manner that is in keeping with any information provided, any approach or methodology proposed and any technologies put forward in an application in respect of the authorized work or activities, and
  • (ii) in conformity with these Regulations.

Disclosure of records

(2) The operator must, on request, disclose the records referred to in subsection (1) to the Regulator in the form and manner specified by the Regulator.

Duration of retention

(3) The records referred to in subsection (1) must be retained for five years after the day on which the decommissioning and abandonment of the offshore renewable energy project or offshore power line ends, or, if the project or power line is terminated before its construction, for five years after the day on which the site assessment ends.

Coming into Force

Registration

54 These Regulations come into force on the day on which they are registered.

Terms of use and Privacy notice

Terms of use

It is your responsibility to ensure that the comments you provide do not:

• contain personal information
• contain protected or classified information of the Government of Canada
• express or incite discrimination on the basis of race, sex, religion, sexual orientation or against any other group protected under the Canadian Human Rights Act or the Canadian Charter of Rights and Freedoms
• contain hateful, defamatory, or obscene language
• contain threatening, violent, intimidating or harassing language
• contain language contrary to any federal, provincial or territorial laws of Canada
• constitute impersonation, advertising or spam
• encourage or incite any criminal activity
• contain external links
• contain a language other than English or French
• otherwise violate this notice

The federal institution managing the proposed regulatory change retains the right to review and remove personal information, hate speech, or other information deemed inappropriate for public posting as listed above.

Confidential Business Information should only be posted in the specific Confidential Business Information text box. In general, Confidential Business Information includes information that (i) is not publicly available, (ii) is treated in a confidential manner by the person to whose business the information relates, and (iii) has actual or potential economic value to the person or their competitors because it is not publicly available and whose disclosure would result in financial loss to the person or a material gain to their competitors. Comments that you provide in the Confidential Business Information section that satisfy this description will not be made publicly available. The federal institution managing the proposed regulatory change retains the right to post the comment publicly if it is not deemed to be Confidential Business Information.

Your comments will be posted on the Canada Gazette website for public review. However, you have the right to submit your comments anonymously. If you choose to remain anonymous, your comments will be made public and attributed to an anonymous individual. No other information about you will be made publicly available.

Comments will remain posted on the Canada Gazette website for at least 10 years.

Please note that public email is not secure, if the attachment you wish to send contains sensitive information, please contact the departmental email to discuss ways in which you can transmit sensitive information.

Privacy notice

The information you provide is collected under the authority of the Financial Administration Act, the Department of Public Works and Government Services Act, the Canada–United States–Mexico Agreement Implementation Act,and applicable regulators’ enabling statutes for the purpose of collecting comments related to the proposed regulatory changes. Your comments and documents are collected for the purpose of increasing transparency in the regulatory process and making Government more accessible to Canadians.

Personal information submitted is collected, used, disclosed, retained, and protected from unauthorized persons and/or agencies pursuant to the provisions of the Privacy Act and the Privacy Regulations. Individual names that are submitted will not be posted online but will be kept for contact if needed. The names of organizations that submit comments will be posted online.

Submitted information, including personal information, will be accessible to Public Services and Procurement Canada, who is responsible for the Canada Gazette webpage, and the federal institution managing the proposed regulatory change.

You have the right of access to and correction of your personal information. To seek access or correction of your personal information, contact the Access to Information and Privacy (ATIP) Office of the federal institution managing the proposed regulatory change.

You have the right to file a complaint to the Privacy Commission of Canada regarding any federal institution’s handling of your personal information.

The personal information provided is included in Personal Information Bank PSU 938 Outreach Activities. Individuals requesting access to their personal information under the Privacy Act should submit their request to the appropriate regulator with sufficient information for that federal institution to retrieve their personal information. For individuals who choose to submit comments anonymously, requests for their information may not be reasonably retrievable by the government institution.