© NS Registry of Regulations. Web version. 1

Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 34, No. 1 January 1, 2010 Contents Act Reg. No.

Page Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act Nova Scotia Offshore Area Certificate of Fitness Regulations–amendment ............ 337/2009 58 Nova Scotia Offshore Area Petroleum Drilling Regulations–repeal .................. 334/2009 32 N o v a S c o t i a O f f s h o r e A r e a P e t r o l e u m I n s t a l l a t i o n s R e g u l a t i o n s – a m e n d m e n t ..........338/2009 63 Nova Scotia Offshore Petroleum Drilling and Production Regulations ................ 336/2009 33 Nova Scotia Offshore Petroleum Production and Conservation Regulations–repeal ..... 335/2009 32 Civil Service Act G e n e r a l C i v i l S e r v i c e R e g u l a t i o n s – a m e n d m e n t..................................331/2009 4 Motor Vehicle Act C o m m e r c i a l V e h i c l e D r i v e r s ’ H o u r s o f S e r v i c e R e g u l a t i o n s .......................332/2009 5 Commercial Carrier Safety Fitness Rating and Compliance Regulations–amendment .... 333/2009 30 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 330/2009 2

Summary Proceedings Act S u m m a r y O f f e n c e T i c k e t s R e g u l a t i o n s – a m e n d m e n t ..............................339/2009 63 In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act. The date a regulation is made, the date a regulation is approved, the date a regulation is filed and any date specified in a regulation are important to determine when the regulation is in force. *Date that subsections 3(6) and (7) and Sections 11 and 13 of the Regulations Act and amendments to the Regulations Act made by

Chapter 46 of the Acts of 2004 were proclaimed in force.

N.S. Reg. 330/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 1 2 © NS Registry of Regulations. Web version. N.S. Reg. 330/2009 Made: December 10, 2009 Filed: December 11, 2009 Prescribed Petroleum Products Prices Order dated December 10, 2009 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act Order NSUARB-GAS-W-09-11 In the Matter of the Petroleum Products Pricing Act - and - In the Matter of Prescribing Prices for Petroleum Products pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Roland A. Deveau, LL.B, Member Order

Whereas the purpose of the Petroleum Products Pricing Regulations is to ensure just and reasonable prices for specified petroleum products taking into consideration the objectives of preserving the availability of such products in rural areas, stabilizing prices of such products and minimizing the variances in prices of such products across the Province; And

whereas the Nova Scotia Utility and Review (“Board”) considered the manner in which it would proceed to set petroleum prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And

whereas the average of the average of the daily high and low report product prices (in Canadian cents) for the week ended December 9, 2009, are: Grade 1 Regular gasoline 53.7¢ per litre Ultra-low-sulfur diesel oil 54.6¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 53.7¢ per litre Grade 2 56.7¢ per litre Grade 3 59.7¢ per litre Ultra-low-sulfur diesel oil 54.6¢ per litre And

now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: minus 1.6¢ per litre Ultra-low-sulfur diesel oil: minus 1.0¢ per litre And

whereas a winter blending adjustment of plus 2.9¢ per litre is required for ultra-low-sulfur diesel oil; And

now therefore the Board prescribes the prices for petroleum products as set forth in

Schedule “A” effective on and after 12:01 a.m., December 11, 2009. Dated at Halifax, Nova Scotia, this 10th day of December, 2009. Sgd: Elaine Wagner Clerk of the Board

N.S. Reg. 330/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 1 © NS Registry of Regulations. Web version. 3

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on December 11, 2009 Nova Scotia Petroleum Price

Schedule Petroleum Prices in Cents/Litre Self-Service Pump Prices Full-Service Pump Prices (Pump Prices includes 13% HST) Base Wholesale Price Fed. Excise Tax Prov.

Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulphur Diesel 58.4 61.4 64.4 62.8 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 83.9 86.9 89.9 82.2 99.3 102.7 106.1 97.4 101.0 104.4 107.8 99.1 99.3 102.7 106.1 97.4 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulphur Diesel 58.8 61.8 64.8 63.2 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 84.3 87.3 90.3 82.6 99.8 103.2 106.6 97.9 101.5 104.9 108.3 99.6 99.8 103.2 106.6 97.9 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulphur Diesel 59.3 62.3 65.3 63.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 84.8 87.8 90.8 83.1 100.3 103.7 107.1 98.4 102.0 105.4 108.8 100.1 100.3 103.7 107.1 98.4 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulphur Diesel 59.3 62.3 65.3 63.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 84.8 87.8 90.8 83.1 100.3 103.7 107.1 98.4 102.0 105.4 108.8 100.1 100.3 103.7 107.1 98.4 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulphur Diesel 59.3 62.3 65.3 63.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 84.8 87.8 90.8 83.1 100.3 103.7 107.1 98.4 102.0 105.4 108.8 100.1 100.3 103.7 107.1 98.4 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulphur Diesel 60.1 63.1 66.1 64.5 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 85.6 88.6 91.6 83.9 101.2 104.6 108.0 99.3 102.9 106.3 109.7 101.0 101.2 104.6 108.0 99.3 999.9 999.9 999.9 999.9

N.S. Reg. 331/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 1 4 © NS Registry of Regulations. Web version. N.S. Reg. 331/2009 Made: November 26, 2009 Approved: December 15, 2009 Filed: December 16, 2009 General Civil Service Regulations Order in Council 2009-514 dated December 15, 2009 Amendment to regulations made by the Public Service Commission and approved by the Governor in Council pursuant to

Section 45 of the Civil Service Act The Governor in Council on the report and recommendation of the Minister of the Public Service Commission dated November 26, 2009, and pursuant to

Section 45 of

Chapter 70 of the Revised Statutes of Nova Scotia, 1989, the Civil Service Act, is pleased to approve an amendment made by the Public Service Commission to the General Civil Service Regulations, N.S. Reg 311/2009, made by the Public Service Commission and approved by the Governor in Council by Order in Council 2009-453 dated October 27, 2009, to correct an error and include the Legal Aid Commission in the list of departments, offices and public entities in

Schedule A to the regulations, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation.

Schedule “A” The Public Service Commission, pursuant to Sections 45 of

Chapter 70 of the Revised Statutes of Nova Scotia, 1989, the Civil Service Act, hereby amends the General Civil Service Regulations, N.S. Reg. 311/2009, made by the Public Service Commission and approved by the Governor in Council by Order in Council 2009-453 dated October 27, 2009, to correct an error in the list of departments, offices and public service entities in

Schedule A to the regulations, by adding “Legal Aid Commission” immediately before “Legislative Expenses” in the list in

Schedule A to the regulations. This amendment is effective on and after the date of its approval by the Governor in Council. Dated at Halifax, Nova Scotia, Nov. 26, 2009. Sgd.: Frank Corbett Honourable Frank Corbett Minister of the Public Service Commission

N.S. Reg. 332/2009 to 333/2009 - 332/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 1 © NS Registry of Regulations. Web version. 5 N.S.

Reg. 332/2009 to 333/2009 Made: November 19, 2009 (332/2009) and December 15, 2009 (333/2009) Approved: December 15, 2009 (332/2009) Filed: December 16, 2009 Commercial Vehicle Drivers’ Hours of Service Regulations and Commercial Carrier Safety Fitness Rating and Compliance Regulations Order in Council 2009-517 dated December 15, 2009 Regulations made by the Minister of Transportation and Infrastructure Renewal and approved by the Governor in Council and amendment to regulations made by the Governor in Council pursuant to Sections 303 and 303G of the Motor Vehicle Act The Governor in Council on the report and recommendation of the Minister of Transportation and Infrastructure Renewal dated November 19, 2009, and pursuant to

Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act, is pleased, effective on and after December 15, 2009, to: (

a) pursuant to

Section 303 of the Motor Vehicle Act, (

i) approve the repeal by the Minister of Transportation and Infrastructure Renewal of the regulations respecting commercial vehicle drivers’ hours of work, N.S. Reg. 226/90, made by the Minister of Transportation and Public Works [Communications] and approved by the Governor in Council by Order in Council 90-946 dated July 31, 1990, and (ii) approve new regulations respecting commercial vehicle drivers’ hours of service made by the Minister of Transportation and Infrastructure Renewal in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation; and (

b) pursuant to

Section 303G of the Motor Vehicle Act, amend the Commercial Carrier Safety Fitness Rating and Compliance Regulations, N.S. Reg. 84/2005, made by the Governor in Council by Order in Council 2005-145 dated March 31, 2005, in the manner set forth in

Schedule “B” attached to and forming part of the report and recommendation. N.S. Reg. 332/2009 Commercial Vehicle Drivers’ Hours of Service Regulations

Schedule “A” In the Matter of

Section 303 of

Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act - and - In the Matter of Regulations Respecting Commercial Vehicle Drivers’ Hours of Service made by the Minister of Transportation and Infrastructure Renewal under

Section 303 of the Motor Vehicle Act Order I, Bill Estabrooks, Minister of Transportation and Infrastructure Renewal for the Province of Nova Scotia, pursuant to

Section 303 of

Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act, hereby

N.S. Reg. 332/2009 Royal Gazette

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a) repeal the regulations respecting commercial vehi cle drivers’ hours of work, N.S. Reg. 226/90, made by the Minister of Transportation and Public Works [Communications] and approved by the Governor in Council by Order in Council 90-946 dated July 31, 1990; and (

b) make new regulations respecting commercial vehicl e drivers’ hours of service in the form attached. This order is effective on and after the date it is approved by the Governor in Council. Dated and made at Halifax Regional Municipality, Nova Scotia, November 19, 2009. Sgd.: Bill Estabrooks Honourable Bill Estabrooks, M.B. Minister of Transportation and Infrastructure Renewal Regulations Respecting Commercial Vehicle Drivers’ Hours of Service made by the Minister of Transportation and Infrastructure Renewal under

Section 303 of

Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act Citation 1 These regulations may be cited as the Commercial Vehicle Drivers’ Hours of Service Regulations.

Definitions 2 The following

definitions apply in these regulations: “adverse driving conditions” means snow, sleet, fog or other adverse weather or road conditions that were not known, and could not reasonably have been known, to a driver or a carrier dispatching a driver immediately before the driver began driving; “carrier” means a person who owns, leases or is otherwise responsible for the operation of a commercial vehicle; “co-driver” means a person who is present in a commercial vehicle because they have been or are about to be its driver; “commercial vehicle” means (

i) a truck, truck-tractor or trailer, or any combination of them, that exceeds a registered gross vehicle weight of 4500 kg, or (ii) a bus that is designed and constructed to have a designated seating capacity of more than 10 persons, including the driver, and is used for transporting passengers for compensation; “cycle” means 1 of the following periods during which a driver’s on-duty time is accumulated: (

i) cycle 1, under which on-duty time is accumulated over 7 consecutive days, (ii) cycle 2, under which on-duty time is accumulated over 14 consecutive days; “daily log” means a record required by

Section 31 that accounts for all of a driver’s on-duty time and off-duty time for a particular day;

N.S. Reg. 332/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 1 © NS Registry of Regulations. Web version. 7 “day”, in relation to a driver’s hours of service, means a 24-hour period that begins at the start time; “director” means the person designated by the Minister under

Section 4; “driver” means any of the following and, for the purposes of

Section 41, includes a co-driver: (

i) a person who operates a commercial vehicle, (ii) in relation to a carrier, a person who is em ployed or otherwise engaged by the carrier to operate a commercial vehicle, including a self-employed driver; “duty status” means any of the following periods of time: (

i) off-duty time, other than time spent in a sleeper berth, (ii) off-duty time spent in a sleeper berth, (iii) driving time, (iv) on-duty time, other than driving time; “elapsed time” means the 16-hour period referenced in subsection 7(2); “electronic recording device” means an electric, electronic or telematic device that is installed in a commercial vehicle and is capable of accurately recording, in accordance with

Section 33, each period of duty status, in whole or in part; “emergency vehicle” means any of the following vehicles: (

i) a fire-fighting vehicle, ambulance, police vehicle or other vehicle that is used for emergency purposes, (ii) a vehicle engaged in snow removal or ice control operated by or on behalf of a government agency, (iii) a vehicle operated by or on behalf of a public utility when performing emergency repair services; “home terminal” means a carrier’s place of business where a driver ordinarily reports for work and, in Sections 30 to 32 and

Schedule 2, includes a temporary work site designated by the carrier; “inspector” means a motor vehicle inspector appointed under

Section 6 of the Motor Vehicle Act; “Minister” means the Minister of Transportation and Infrastructure Renewal; “off-duty time” means any time other than on-duty time; “oil well service vehicle” means a commercial vehicle that meets all of the following criteria: (

i) it is specially constructed, altered or equipped to accommodate a specific service requirement associated with the oil or natural gas industry,

N.S. Reg. 332/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 1 8 © NS Registry of Regulations. Web version. (ii) it is used exclusively in the oil or na tural gas industry for transporting equipment or materials to and from oil or natural gas facilities or for servicing and repairing oil or natural gas facilities; “on-duty time” means the time beginning from when a driver starts work or is required by the carrier to be available to work, other than when the driver is waiting to be assigned to work, and ending when the driver stops work or is relieved of responsibility by the carrier, and includes driving time and time spent by the driver doing any of the following activities: (

i) inspecting, servicing, repairing, conditioning or starting a commercial vehicle, (ii) travelling in a commercial vehicle as a co-d river, when the time is not spent in the sleeper berth of the vehicle, (iii) participating in the loading or unloading of a commercial vehicle, (iv) inspecting or checking the load of a commercial vehicle, (

v) waiting for a commercial vehicle to be serviced, loaded, unloaded or dispatched, (vi) waiting for a commercial vehicle or its load to be inspected, (vii) waiting at an en-route point because of an accident or other unplanned occurrence or situation, (viii) performing any work for any carrier, (ix) resting in or occupying a commercial vehicle for any other purpose, except during any of the following times: (

A) time counted as off-duty time in accordance with

Section 8, (

B) time spent in the sleeper berth of the vehicle, (

C) time spent in the vehicle when it is stationary to satisfy the off-duty requirements of

Section 9, (

D) time spent in the vehicle when it is sta tionary that is in addition to the off-duty requirements of

Section 9; “out-of-service declaration” means a declaration issued by the director or an inspector under

Section 38 to a driver for contravention of these regulations; “personal use” of a commercial vehicle means the use of the vehicle by a driver other than in the course of business as a carrier; “principal place of business” of a carrier means the place or places in the Province designated by the carrier as the place where daily logs, supporting documents and any related relevant records required to be kept by these regulations will be kept; “recreational vehicle” means a vehicle that is designed as mobile accommodation and used as transportation for personal and recreational purposes without compensation, and includes a cabin trailer, collapsible cabin trailer, tent trailer and camping trailer;

N.S. Reg. 332/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 1 © NS Registry of Regulations. Web version. 9 “sleeper berth” means a sleeper berth as defined in

Schedule 1; “special permit” means an authorization to operate a commercial vehicle with exceptions and variances to the provisions of these regulations that is granted to a carrier under

Section 20, 21 or 22; “start time”, in relation to a day, means the hour a driver’s day begins, as designated by a carrier for the duration of the driver’s cycle; “supporting document” means a document or information that is recorded or stored by any means and that is required by the director or an inspector to assess compliance with these regulations, and includes fuel receipts, bills of lading, shipping documents and accommodation receipts. Application of regulations 3 These regulations apply to all commercial vehicles other than the following vehicles: (

a) a 2-axle or 3-axle commercial vehicle while it is being used for any of the following when the driver or the carrier is the producer of the products: (

i) a trip to pick up feed grain or the primary products of a farm, forest, sea or lake, (ii) a trip to transport feed grain or the primary products of a farm, forest, sea or lake, (iii) a return trip after transporting feed grain or the primary products of a farm, forest, sea or lake; (

b) an emergency vehicle; (

c) a vehicle engaged in provi ding relief during a public welfare emergency as defined in the Emergencies Act (Canada) or during an emergency as defined in the Emergency Management Act; (

d) a bus that is part of the public transit service that is provided in any of the following: (

i) a municipality; (ii) 2 or more bordering municipalities; (iii) within 25 km of the boundary of a munici pality or 2 or more bordering municipalities that the transit service serves; (

e) a commercial vehicle when driven for personal use, if all of the following conditions are met: (

i) the vehicle does not have a load, (ii) no trailers are hitched to the vehicle, (iii) the vehicle does not travel farther than 75 km in a day, (iv) the driver records the odometer reading in the daily log at the beginning and end of the personal use, (

v) the driver is not the subject of an out-of-service declaration;

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f) a recreational vehicle. Director designated by Minister 4 The Min[i]ster may designate a person to exercise the duties and functions of the director under these regulations. Responsibility of carrier, shipper, consignee and driver to restrict driving 5 A carrier, shipper, consignee or other person must not request, require or allow a driver to drive and a driver must not drive in any of the following circumstances: (

a) the driver’s faculties are impaired to the poi nt that it is unsafe for the driver to drive; (

b) driving would jeopardize or be likely to jeopard ize the safety or health of the public, the driver or the employees of the carrier; (

c) the driver is the subject of an out-of-service declaration; (

d) by driving the driver would not be in compliance with these regulations. On-duty Time and Off-duty Time Maximum daily driving time and maximum daily on-duty time 6 Except as otherwise provided in these regulations, a carrier must not request, require or allow a driver to drive and a driver must not drive again in a day after the driver has accumulated: (a) 13 hours of driving time in the day; or (b) 14 hours of on-duty time in the day.

Mandatory off-duty time 7( 1 ) Unless a driver has taken at least 8 consecutive hours of off-duty time before driving again, a carrier must not request, require or allow the driver to drive and the driver must not drive again after the driver has accumulated: (a) 13 hours of driving time; or (b) 14 hours of on-duty time.

(2) A carrier must not request, require or allow a driver to drive and a driver must not drive again if 16 hours has elapsed between the end of the driver’s most recent period of 8 or more consecutive hours of off-duty time and the beginning of the next period of 8 or more consecutive hours of off-duty time. Time spent travelling as passenger is off-duty time 8 Time spent by a driver as a passenger is counted as off-duty time if all of the following conditions are met: (

a) at the request of the carrier who employs or otherwise engages the driver, the time is spent travelling to the destination where the driver will begin driving; (

b) the driver has taken 8 consecutive hours of o ff-duty time before the driver begins to drive.

N.S. Reg. 332/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 1 © NS Registry of Regulations. Web version. 11 Minimum daily off-duty time 9( 1 ) Except as otherwise provided in these regulations, a carrier must ensure that a driver takes and the driver must take at least 10 hours of off-duty time in a day and the 10 hours must include: (a) 8 consecutive hours of off-duty time; (

b) at least 2 hours of off-duty time that is not part of the 8 consecutive hours of off-duty time required by clause (a).

(2) Off-duty time other than the 8 consecutive hours required by clause (1)(

b) may be distributed throughout the day in blocks of at least 30 minutes each. Deferral of daily off-duty time 10

(1) Except as prohibited in subsection (2), a driver may defer a maximum of 2 hours of daily off-duty time to the following day if all of the following criteria are met: (

a) the off-duty time deferred is not part of th e daily 8 consecutive hours of off-duty time required by clause 9(1)(a); (

b) the total off-duty time taken in the 2 days is at least 20 hours; (

c) the deferred off-duty time is taken consecutivel y with the daily 8 consecutive hours of off-duty time that the driver takes in the 2nd day; (

d) the total driving time accumulated by the driver in the 2 days does not exceed 26 hours; (

e) the driver adds a declaration in the “Remarks”

section of their daily log that (

i) states that the driver is deferring off-duty time under this Section, and (ii) clearly indicates whether the driver is driving under day 1 or day 2 of the days affected by the deferral.

(2) The following drivers must not defer their daily off-duty time under this Section: (

a) a driver who is splitting off-duty time in accordance with

Section 12 or 13; (

b) a driver operating under an oil well service vehicle special permit granted under

Section 22. Mandatory off-duty time when driver travelling by ferry 11 A driver taking a commercial vehicle on a ferry crossing that takes more than 5 hours is not required to take 8 consecutive hours of off-duty time as required by Sections 7 and 9 if all of the following criteria are met: (

a) all of the following time spent by the driver totals at least 8 hours: (

i) time spent in a sleeper berth at the terminal while waiting to board the ferry, (ii) time spent in rest accommodations on the ferry, (iii) time spent in a sleeper berth at a rest stop that is 25 km or less from the point where the vehicle disembarks from the ferry; (

b) the times listed in subsection (1) are recorded in the daily log as off-duty time spent in a sleeper berth;

N.S. Reg. 332/2009 Royal Gazette

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c) the driver retains the receipt for the crossing and rest accommodation fees as a supporting document, and the receipt coincides with the daily log entries. Single driver splitting daily off-duty time 12

(1) A driver of a commercial vehicle fitted with a sleeper berth may meet the 8 consecutive hours of mandatory off-duty time required by

Section 7 and the minimum 10 hours of daily off-duty time required by

Section 9 by accumulating off-duty time in 2 periods if all of the following criteria are met: (

a) neither period of off-duty time is shorter than 2 hours; (

b) the total of the 2 periods of off-duty time is at least 10 hours; (

c) the off-duty time is spent resting in the sleeper berth; (

d) none of the daily off-duty time is deferred to the next day; (

e) the total of the driving time in the periods i mmediately before and after each of the periods of off-duty time is not longer than 13 hours; (

f) the total of the on-duty time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 14th hour; (

g) the elapsed time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 16th hour after the driver comes on-duty.

(2) The 16th hour referred to in clause (1)(

g) is calculated as follows: (

a) by excluding any period spent in the sleeper berth that (

i) is 2 hours or longer in duration, and (ii) totals at least 10 hours when added to a subsequent period in the sleeper berth; and (

b) by including all of the following: (

i) all on-duty time, (ii) all off-duty time not spent in the sleeper berth, (iii) all periods of less than 2 hours spent in the sleeper berth, (iv) any time spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this Section.

(3) After a driver takes their split daily off-duty time in accordance with subsection (1), a carrier must not request, require or allow the driver to drive again and the driver must not drive again in accordance with the requirements of Sections 7 and 9 without first taking at least 8 consecutive hours of off-duty time.

N.S. Reg. 332/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 1 © NS Registry of Regulations. Web version. 13 Team of drivers splitting daily off-duty time 13

(1) A team of drivers of a commercial vehicle fitted with a sleeper berth may meet the 8 consecutive hours of mandatory off-duty time required by

Section 7 and the minimum 10 hours of daily off-duty time required by

Section 9 by accumulating off-duty time in 2 periods if all of the following criteria are met: (

a) neither period of off-duty time is shorter than 4 hours; (

b) the total of the 2 periods of off-duty time is at least 8 hours; (

c) the off-duty time is spent resting in the sleeper berth; (

d) none of the daily off-duty time is deferred to the next day; (

e) the total of the driving time in the periods i mmediately before and after each of the periods of off-duty time is not longer than 13 hours; (

f) the total of the on-duty time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 14th hour; (

g) the elapsed time in the periods immediately before and after each of the periods of off-duty time does not include any driving time after the 16th hour after the driver comes on duty.

(2) The 16th hour referred to in clause (1)(

g) is calculated as follows: (

a) by excluding any period spent in the sleeper berth that (

i) is 4 hours or longer in duration, and (ii) totals at least 8 hours when added to a subsequent period in the sleeper berth; and (

b) by including all of the following: (

i) all on-duty time, (ii) all off-duty time not spent in the sleeper berth, (iii) all periods of less than 4 hours spent in the sleeper berth, (iv) any time spent in the sleeper berth that does not qualify as counting towards meeting the requirements of this Section.

(3) After a team of drivers takes their split daily off-duty time in accordance with subsection (1), a carrier must not request, require or allow the team drivers to drive again and the team drivers must not drive again in accordance with the requirements of Sections 7 and 9 without each driver first taking at least 8 consecutive hours of off-duty time. Cycles Driver must follow cycle 1 or cycle 2 14 A carrier must require that a driver follow either cycle 1 or cycle 2 and a driver must follow either cycle 1 or cycle 2.

N.S. Reg. 332/2009 Royal Gazette

Part II - Regulations Vol. 34, No. 1 14 © NS Registry of Regulations. Web version. Mandatory off-duty time in 14-day period 15 Subject to the longer minimums required by Sections 18 and 19 for when a cycle is reset or switched, a carrier must not request, require or allow a driver to drive and a driver must not drive again unless the driver has taken at least 24 consecutive hours of off-duty time in the previous 14 days.

Maximum on-duty time for cycle 1 driver 16 A carrier must not request, require or allow a driver who is following cycle 1 to drive and a driver who is following cycle 1 must not drive again after the driver has accumulated 70 hours of on-duty time during any of the following: (

a) any 7 consecutive days; (

b) the cycle that was ended or switched from, fo r a driver who has reset their cycle in accordance with

Section 18 or switched their cycle in accordance with

Section 19. Maximum on-duty time for cycle 2 driver 17 A carrier must not request, require or allow a driver who is following cycle 2 to drive and a driver who is following cycle 2 must not drive again in their current cycle after the driver has accumulated (a) 120 hours of on-duty time during any of the following: (

i) any 14 consecutive days, or (ii) the cycle that was ended or switched from, for a driver who has reset their cycle in accordance with

Section 18 or switched their cycle in accordance with

Section 19; or (b) 70 hours of on-duty time, unless the driver takes at least 24 consecutive hours of off-duty time. Off-duty time before cycle reset 18

(1) A driver may end their current cycle and begin a new cycle that is the same as their current cycle if the driver first takes the following off-duty time: (

a) for cycle 1, at least 36 consecutive hours; (

b) for cycle 2, at least 72 consecutive hours.

(2) After a driver takes the off-duty time required by subsection (1), the driver begins a new cycle, the accumulated hours are set back to zero and the driver’s hours begin to accumulate again. Off-duty time before cycle switched 19

(1) A carrier must not request, require or allow a driver to switch and a driver must not switch from one cycle to the other without first taking the following off-duty time before driving again: (

a) to switch from cycle 1 to cycle 2, at least 36 consecutive hours; (

b) to switch from cycle 2 to cycle 1, at least 72 consecutive hours.

(2) After a driver takes the off-duty time required by subsection (1), the driver begins the other cycle, the accumulated hours are set back to zero and the driver’s hours begin to accumulate again.

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(1) The director may issue a special permit to a carrier for the purpose of a research or pilot project if the safety and health of the public, the driver and the employees of the carrier are not jeopardized or are unlikely to be jeopardized.

(2) An applicant for a special permit under this

Section must include a detailed work plan with their application that includes at least all of the following information for the proposed research or pilot project: (

a) the nature of the project; (

b) the objectives of the project; (

c) the competence of the applican t to participate in the project; (

d) the criteria and method for measuring results; (

e) the safety implications and the approach to addressing any possible risks identified; (

f) the duration of the project; (

g) the manner of and timing for reporting results.

(3) Sections 6 to 19 and 27 to 42 do not apply to a carrier and its drivers when operating under a special permit issued under this Section, but Sections 23 to 26 apply with any modifications that the circumstances require. Special permits for commercial vehicles other than oil well service vehicles 21

(1) The director may issue a special permit to a carrier for a commercial vehicle other than an oil well service vehicle if all of the following conditions are met: (

a) off-duty time required under these regulations need s to be reduced or driving time and on-duty time required under these regulations needs to be increased for any of the following purposes: (

i) to allow a driver following a regular itinerary to reach their home terminal or destination, (ii) to allow the delivery of perishable goods, (iii) to accommodate a significant temporary increase in the transportation of passengers or goods by the carrier; (

b) the safety and health of the public, the driver and the employees of the carrier are not jeopardized or are unlikely to be jeopardized.

(2) The only deviations from the requirements of these regulations that may be authorized in a special permit issued under this

Section are the following: (

a) reducing the 2 additional hours of daily o ff-duty time required by clause 9(1)(b); and

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b) increasing the maximum daily driving time and on-duty time required by

Section 6 by up to a total of 2 hours. Special permits for oil well service vehicles 22

(1) The director may issue a special permit to a carrier for an oil well service vehicle if all of the following conditions are met: (

a) the driver has successfully completed training directly related to safety requirements associated with operating within the field services sector of the oil or natural gas industry; (

b) the safety and health of the public, the driver and the employees of the carrier are not jeopardized or are unlikely to be jeopardized.

(2) Sections 14 to 19 do not apply to a carrier and its drivers when operating under an oil well service vehicle special permit, but the special permit must require that the driver take, and the driver must take, all of the following off-duty time instead: (

a) a minimum of 3 periods of off-duty time during any 24 consecutive days that are (

i) at least 24 consecutive hours each; and (ii) taken consecutively or separated by on-duty time; (

b) a minimum of 72 consecutive hours of off-duty time after the driver finishes driving under the special permit and before the driver begins driving again.

(3) Waiting time and standby time at an oil or natural gas well site or ancillary facility is not included as on-duty time for a driver operating under an oil well service vehicle special permit if all of the following conditions are met: (

a) the driver performs no work during the time; (

b) the time is fully and accurately recorded in the daily log as off-duty time and denoted as waiting or standby time in the “Remarks” section; (

c) the time is not included in the 8 consecu tive hours of mandatory off-duty time required by

Section 7 or the daily 8 consecutive hours of off-duty time required by

Section 9.

(4) When a driver who has been driving under an oil well service vehicle special permit begins to drive again under Sections 14 to 19, they begin to accumulate hours in the cycle. Applying for a special permit 23

(1) A carrier may apply to the director for a special permit by providing all of the following information and documents to the director: (

a) the name of the carrier; (

b) all of the following for each driver who w ill operate a commercial vehicle under the special permit: (

i) name, (ii) driver’s license number and province where the license was issued;

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c) a list of the commercial vehicles which will be operated by the carrier under the special permit; (

d) a list of all accidents involving the carrier or any of its drivers that occurred during the previous 6 months, if the laws of the province, state or country in which the accidents occurred require the accidents to be reported to police; (

e) the duration requested by the carrier for the special permit; (

f) the

schedule requested by the carrier for operating under the special permit; (

g) the reasons for the applicati on and evidence supporting the reasons; (

h) a copy of each special permit issued to the carrier under these regulations in the previous 5 years; (

i) a signed declaration that discloses all of the following: (

i) any application made under these regulations by the carrier for a special permit, (ii) any application for a special permit made by the carrier to any provincial or territorial director in the previous 6 months under any province’s regulations respecting commercial drivers hours of service; (

j) if trucks will be operated under the special perm it, a detailed description of the load for which the permit will apply; (

k) if buses will be operated under the special permit, a detailed description of the route for which the permit will apply; (

l) for a special permit issued under

Section 20, the work plan required by subsection 20(2); (

m) any information the director requires to evaluate whether the granting of a special permit would jeopardize or would likely jeopardize the safety or health of the public, the driver or the employees of the carrier.

(2) A carrier applying for a special permit must make all of the following information available to the director on request for each driver who will operate a commercial vehicle under the special permit: (

a) the daily logs for the previous 6 months; (

b) supporting documents or records of on-duty times for the previous 6 months. Information specified in special permit 24 The director must specify all of the following in a special permit: (

a) the reasons for issuing the permit; (

b) the duration of the permit, which must not exceed 1 year; (

c) any terms or conditions required for the protec tion of the safety or health of the public, the driver or the employees of the carrier.

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(1) A carrier to whom a special permit is issued must do all of the following: (

a) require that a copy of the special permit is placed in each commercial vehicle operating under the permit; (

b) provide the director with a list of the co mmercial vehicles that will be operating under the permit and keep the director informed of any changes to the list; (

c) make all of the following information immediat ely available to the director on request for each driver who operates a commercial vehicle under the permit: (

i) daily log, (ii) supporting documents and an y related relevant records; (

d) notify the director without delay of any accidents involving any of the commercial vehicles operating under the permit if the laws of the province, state or country in which the accidents occurred require that the accident be reported to the police.

(2) A carrier must ensure that a driver driving under a special permit issued to the carrier drives and a driver driving under a special permit must drive in accordance with the terms and conditions of the special permit. Amending, suspending or cancelling special permits 26 The director may amend, suspend or cancel a carrier’s special permit in any of the following circumstances by giving the carrier written notice: (

a) the carrier or any of its drivers contraven es these regulations or any condition of the special permit; (

b) the director determines that the safety and h ealth of the public, the driver or the employees of the carrier are jeopardized or are likely to be jeopardized. Emergencies and Adverse Driving Conditions Extending driving time in emergencies 27

(1) In this

Section and in

Section 29, “emergency”, in relation to a commercial vehicle, means an unexpected event or situation that constitutes a danger to any of the following: (

a) the occupants of the commercial vehicle; (

b) the security of the commercial vehicle and its load; (

c) road users.

(2) Despite any other provision of these regulations, a driver who requires more driving time in an emergency to avoid the dangers listed in subsection (1) and reach a safe destination may drive longer than the maximum driving times and on-duty times required by these regulations and take less than the off-duty times required by these regulations to reach the safe destination.

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Part II - Regulations Vol. 34, No. 1 © NS Registry of Regulations. Web version. 19 Extending driving time in adverse driving conditions 28 A driver who encounters adverse driving conditions while driving a commercial vehicle may drive longer than the maximum 13 hours of driving time and the maximum 14 hours of daily on-duty time required by Sections 6 and 7 and reduce the 2 hours of daily off-duty time required by

Section 9 by the amount of time needed to complete the trip if all of the following criteria are met: (

a) the driving, on-duty and elapsed times in the cycle are not extended more than 2 hours; (

b) the driver takes the 8 consecutive hours of mandatory off-duty time required by

Section 7; (

c) the trip could have been completed under normal driving conditions without extending the driving, on-duty and elapsed times and reducing off-duty time. Reason for extending time recorded in daily log 29 A driver who exceeds their driving time, on-duty time or elapsed times, or reduces their off-duty time because of an emergency or adverse driving conditions must record the reason for doing so in the “Remarks”

section of the daily log. Daily Logs Time recorded as local time 30 Time recorded by a driver in a daily log must be recorded using the local time at the driver’s home terminal. Requirement to fill out daily log 31

(1) Except as provided in subsection (2), a carrier must require a driver to fill out and each driver must fill out a daily log each day that accounts for all of the driver’s on-duty time and off-duty time for that day.

(2) The requirement to fill out a daily log in subsection (1) does not apply if all of the following criteria are met: (

a) the driver is not driving under a special permit; (

b) the driver operates or is instructed by the carrier to operate a commercial vehicle within a radius of 160 km of the home terminal; (

c) the driver returns to the home terminal each day to begin a minimum of 8 consecutive hours of off-duty time; (

d) either 1 of the following conditions is met: (

i) for at least 6 months after the date th e records were created, the carrier maintains accurate and legible records for each driver for each day showing all of the following: (

A) the driver’s duty status and elected cycle, (

B) the hour that each duty status begins and ends, and (

C) the total number of hours spent in each status,

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Part II - Regulations Vol. 34, No. 1 20 © NS Registry of Regulations. Web version. (ii) for at least 6 months after the date th e records were created, the carrier maintains accurate and legible records for each driver for each day showing the hour that each on- duty segment starts and ends and the total on-duty time, and all of the following conditions are met: (

A) the driver’s elapsed time does not exceed 16 hours, (

B) the driver’s total on-duty time does not exceed 14 hours, (

C) the driver maintains accurate and legible records for each day showing the hour that each on-duty segment starts and ends and the total on-duty time, and the records for the previous 7 days are kept in the vehicle for inspection. Content of daily log 32

(1) A carrier must require that a driver legibly enters and the driver must legibly enter all of the following information in a daily log for the day at the time the beginning of the driver’s first on-duty time for the day: (

a) the date; (

b) their start time, if other than midnight; (

c) the driver’s name; (

d) the names of any co-drivers; (

e) the cycle the driver is following, other than for a driver who is driving under an oil well service vehicle special permit: (

f) the license plates or unit numbers of each commercial vehicle operated by the driver; (

g) for each commercial vehicle operated by the driver, the odometer reading when the driver begins driving; (

h) the names and the addresses of (

i) the home terminal, (ii) the principal place of business of each carrier who employs or otherwise engages the driver during the day; (

i) if the carrier or driver was not required to keep a daily log immediately before the beginning of the day, in the “Remarks”

section of the daily log, the number of hours of off-duty time and on-duty time that were accumulated by the driver each day during the previous 14 days; (

j) for a driver who has deferred off-duty time under

Section 10, the declaration in the “Remarks”

section of the daily log in accordance with clause 10(1)(e).

(2) A carrier must require that a driver records and a driver must record all of the following information in a daily log as the information becomes known: (

a) the time the driver spends in each duty stat us during the day, in accordance with

Schedule 2;

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b) if the driver’s driving time is interrupted by a number of periods of other on-duty time of less than 1 hour each, the periods of driving time may be combined and the periods of other on- duty time may be combined; (

c) in the “Remarks” section, the name of the municipality, or the location on a highway or in a community, and the name of the province or state where each of the driver’s duty status changes occurred during the day.

(3) A carrier must require that a driver records and a driver must record all of the following in a daily log at the end of each day: (

a) the total time the driver spends in each duty status during the day; (

b) the total distance driven by the driver duri ng the day, excluding any distance driven for the driver’s personal use; (

c) the odometer reading of each commercial vehicle operated by the driver at the end of the day.

(4) A carrier must require that a driver signs and a driver must sign the daily log completed by the driver, attesting to the accuracy of the information recorded in it. Using electronic recording devices 33 A driver may use an electronic recording device for recording their duty status if all of the following criteria are met: (

a) the information contained in the electronic r ecording device is the same as the information that would have been provided if it had been submitted as a daily log in paper format; (

b) the driver can immediately provide the information for the previous 14 days to the director or an inspector, when requested, by producing it in any of the following ways or combination of the following ways: (

i) on a digital display screen of the electronic recording device, (ii) in handwritten form, (iii) on a print-out or other intelligible output; (

c) the device is capable of displaying all of the following information: (

i) the driving time and other on-duty time for each day the device is used, (ii) the total on-duty time accumulated and the total on-duty time remaining in the cycle the driver is following, (iii) the changes in duty status in chronological order and the time that each change occurred for each day the device is used; (

d) the driver can prepare a handwritten daily l og from the information stored in the device for each day the device is used if requested by an inspector; (

e) the device automatically records the time and date any time it is disconnected and any time it is reconnected and stores the record;

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f) the device records the time the dr iver spent in each duty status; (

g) any hard copy of the daily log that is gene rated from the information stored in the device is signed on each page by the driver, attesting to its accuracy; (

h) the carrier provides blank daily log forms in the commercial vehicle for the driver’s use. Possession of daily logs and supporting documents by drivers 34 A driver who is required to fill out a daily log must not drive and a carrier must not request, require or allow the driver to drive unless the driver has all of the following in their possession: (

a) a copy of the daily logs for the previous 14 days; (

b) for a driver driving under an oil well service vehicle special permit, a copy of the logs for each of the 3 periods of 24-hour off-duty time required by clause 22(2)(

a) during any 24 consecutive days; (

c) the daily log for the current day, completed up to the time that the driver’s duty status last changed; (

d) any supporting documents and an y related relevant records that the driver received during the current trip. Distributing and keeping daily logs 35

(1) Except as provided in subsection (2) for a driver employed or otherwise engaged by more than 1 carrier in a day, a carrier must ensure that a driver sends and a driver must send the original daily log and supporting documents to the home terminal no later than 20 days after the driver completes the daily log.

(2) A carrier must ensure that a driver sends, and a driver who is employed or otherwise engaged by more than 1 carrier in a day must send all of the following to the specified home terminal no later than 20 days after the driver completes a daily log: (

a) the original of the daily log to the home termin al of the first carrier the driver worked for that day; (

b) a copy of the daily log to the home terminal of each other carrier the driver worked for that day; (

c) the original supporting documents to the home te rminal of the carrier the driver was driving for when the documents were created or received.

(3) A carrier must do all of the following with the daily logs and supporting documents of the drivers it employs or otherwise engages: (

a) deposit them at its principal place of business no later than 30 days after the date they are received; (

b) keep them for at least 6 months, in chronological order for each driver. Tampering and falsifying daily log 36

(1) A carrier must not request, require or allow a driver to keep and a driver must not keep more than 1 daily log for each day.

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(2) A carrier must not request, require or allow any person to do any of the following and a person must not do any of the following: (

a) enter inaccurate information in a daily log, whether it is handwritten or produced using an electronic recording device; (

b) falsify, mutilate or deface a daily log or supporting documents. Driver Compliance Monitoring by carriers 37

(1) A carrier must monitor each of its drivers to ensure the driver complies with these regulations.

(2) A carrier that determines that a driver who is employed or otherwise engaged by the carrier has not complied with these regulations must take immediate remedial action, issue a notice of non- compliance to the driver and record all of the following: (

a) the dates the non-compliance occurred; (

b) the date the notice of non-compliance was issued; (

c) the remedial action taken. Out-of-service declarations 38

(1) The director or an inspector may issue an out-of-service declaration for a driver in any of the following circumstances: (

a) the driver contravenes clause 5(

a) or 5(b); (

b) the driver fails to comply with any of the driving time or off-duty time requirements (

i) in Sections 6 to 19, or (ii) for a special permit; (

c) the driver is unable or refuses to produce th e daily log, supporting documents and any other related relevant records as required by

Section 41; (

d) there is evidence that shows that the driver has done any of the following in contravention of

Section 36: (

i) completed more than 1 daily log, (ii) entered inaccurate information in a daily log, (iii) falsified information in a daily log; (

e) in contravention of

Section 36, the driver h as mutilated or defaced a daily log or a supporting document in such a way that the director or inspector cannot determine whether the driver has complied with the driving time and off-duty time requirements (

i) in Sections 6 to 19, or

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Section 20, 21 or 22.

(2) An out-of-service declaration issued under subsection (1) must be issued in writing to both the driver and the carrier who employs or otherwise engages the driver and must include all of the following: (

a) the reasons the driver has been issued the declaration; (

b) the length of time the declaration a pplies, in accordance with subsection (3).

(3) An out-of-service declaration issued for a driver prohibits the driver from operating a commercial vehicle, including operating a commercial vehicle for personal use, and applies for the following applicable length of time: (

a) for 10 consecutive hours, if the driver contravenes clause 5(

a) or 5(b); (

b) for 10 consecutive hours, if the driver contravenes

Section 6; (

c) for the number of hours needed to correct the failu re, if the driver fails to comply with the off- duty time requirements of any of Sections 6 to 19; (

d) subject to any further hours required to comp ly with subsection (4), for 72 consecutive hours, if the driver contravenes

Section 36 or 41.

(4) An out-of-service declaration issued for a driver who contravenes

Section 36 or 41 continues to apply beyond the 72 hours specified in clause (3)(

d) until the driver makes any necessary changes to correct the daily log and provides the daily log to the director or inspector, and the director or inspector is able to determine whether the driver has complied with these regulations. False statements to director 39 A person must not knowingly make any false or misleading statements either orally or in writing to the director engaged in carrying out their duties and functions under these regulations. Inspections Authority to enter premises for an inspection 40

(1) During business hours, an inspector may enter a home terminal or principal place of business, other than living quarters, to inspect daily logs, supporting documents and any related relevant records.

(2) At any time, an inspector may stop and enter a commercial vehicle, except for its sleeper berth, to inspect daily logs and supporting documents.

(3) At any time, an inspector may stop a commercial vehicle and enter its sleeper berth to verify that the sleeper berth meets the criteria in

Schedule 1. Daily logs and supporting documents produced by driver 41

(1) At the request of an inspector, a driver must immediately produce all of the following for inspection for the current trip and the previous 14 days: (

a) daily logs; (

b) supporting documents and any related relevant records;

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c) any special permit that the driver has driven under.

(2) At the request of an inspector, a driver must retrieve the information stored by any electronic recording device installed in a commercial vehicle for each day the device was used.

(3) At the request of an inspector, a driver must immediately give the inspector a copy of all of the following for the previous 14 days, or the originals of all of the following if it is not possible in the circumstances to make copies: (

a) daily logs; (

b) supporting documents and any related relevant records; (

c) any special permit that the driver has driven under.

(4) An inspector must provide a receipt in the form set out in

Schedule 3 for any information given to the inspector under subsection (3). Daily logs and supporting documents produced by carrier 42

(1) At the request of an inspector, a carrier must immediately make all of the following available for inspection during business hours at a place specified by the inspector: (

a) daily logs; (

b) supporting documents and any related relevant records; (

c) any special permit that a driver employed or otherwise engaged by the carrier has been driving under during the period the information is requested for.

(2) An inspector must do all of the following with any daily logs, supporting documents, related relevant records and special permits received by the inspector under subsection (1): (

a) immediately return any unexpired special permits and provide the carrier with a receipt in the form set out in

Schedule 3 for any expired special permits and other information received by the inspector under subsection (1); (

b) return all expired special permits and othe r information received by the inspector under subsection (1) no later than 14 days after the date the inspector received them. Offences and Penalties Category B offences 43 Any person who violates clause 34(

c) is guilty of an offence and liable on

summary conviction to the penalties provided for a category B offence in the

Summary Proceedings Act. Category C offences 44 Any person who violates any of the following provisions of these regulations is guilty of an offence and liable on

summary conviction to the penalties provided for a category C offence in the

Summary Proceedings Act: (

a) Section 32; (b) subsection 35(1);

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b) or (c). Category D offences 45 Any person who violates any of the following provisions of these regulations is guilty of an offence and liable on

summary conviction to the penalties provided for a category D offence in the

Summary Proceedings Act: (

a) clause 5(d); (

b) subsection [clause] 6(

a) or (b): (c) clause 7(1)(

a) or (

b) or subsection 7(2); (d) subsection 9(1); (e) subsection 12(3); (f) subsection 13(3); (

g) Section 14; (

h) Section 15; (

i) Section 16; (

j) clause 17(

a) or (b); (k) clause 19(1)(

a) or (b); (l) clause 22(2)(

a) or (b); (

m) Section 29. Category E offences 46 Any person who violates any of the following provisions of these regulations is guilty of an offence and liable on

summary conviction to the penalties provided for a category E offence in the

Summary Proceedings Act: (a) clause 25(1)(a), (b), (

c) or (d); (b) subsection 25(2); (c) subsection 31(1); (

d) clause 34(a), (

b) or (d); (e) clause 35(3)(

a) or (b); (f) subsection 41(1), (2) or (3).

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summary conviction to the penalties provided for a category F offence in the

Summary Proceedings Act: (

a) clause 5(a), (

b) or (c); (b) subsection 37(1) or (2); (c) subsection 42(1). Category G offences 48 Any person who violates any of the following provisions is guilty of an offence and liable on

summary conviction to the penalties provided for a category G offence in the

Summary Proceedings Act: (a) subsection 36(1) or (2); (

b) Section 39.

Schedule 1: Criteria for Sleeper Berths An area of a commercial vehicle is a sleeper berth if it meets all of the following criteria: (

a) it is designed to be used as sleeping accommodation; (

b) it is located in the cab of the commercial vehicle or immediately adjacent to the cab and is securely fixed to it; (

c) it is not located in or on a semi-trailer or a full trailer; (

d) if it is located in the cargo space, it is securely compartmentalized from the remainder of the cargo space; (

e) for a bus, (

i) it is located in the passenger compartment, (ii) it is at least 1.9 m in length, 60 cm in width and 60 cm in height, (iii) it is separated from the passenger area by a solid physical barrier that is equipped with a door that can be locked, (iv) it provides privacy for the occupant, and (

v) it is equipped with a means to significantly limit the amount of light entering the area; (

f) for a commercial vehicle other than a bus, it is rectangular in shape with the following minimum dimensions: (i) 1.9 m in length, measured on the centre line of the longitudinal axis, (ii) 60 cm in width, measured on the cen tre line of the transverse axis, and

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g) it is constructed so that there are no impedi ments to ready entrance to or exit from the berth; (

h) there is a direct and readily accessible means of passing from it into the driver’s seat or compartment; (

i) it is protected against leaks and overheating from the vehicle’s exhaust system; (

j) it is equipped to provide adequa te heating, cooling and ventilation; (

k) it is reasonably sealed against dust and rain; (

l) it is equipped with a mattress that is at least 10 cm thick and adequate sheets and blankets so that the occupant can get restful sleep; (

m) it is equipped with a means of preventing the o ccupant from being ejected from the berth when the commercial vehicle is decelerating that is designed, installed and maintained to withstand a total force of 2700 kg applied toward the front of the vehicle and parallel to the longitudinal axis of the vehicle.

Schedule 2: Duty Status Information for a Daily Log Duty Status name date Cycle 1 (7 days) ________ OR Cycle 2 (14 days) __________ (Hour that day begins—use local time at home terminal) 01234567891 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 Total Hours 1. Off-duty time other than time spent in a sleeper berth 2. Off-duty time spent in a sleeper berth 3. Driving time 4. On-duty time other than driving time 01234567891 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4

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Web version. 29 Remarks _________________________________________________________________________________________ _________________________________________________________________________________________ Total distance driven ____________________________ _________________________________ Signature Instructions for Recording Duty Status Filling out grid Fill out the grid as follows: (1) for each duty status, • mark the beginning time and the end time • draw a continuous line between the time markers (2) in the last column on the right of the grid, enter the total number of hours of each period of duty status (total of all periods must be 24 hours) Change in duty status remarks For each change in duty status, record the following in the Remarks section: • the name of the municipality where the change occurred OR • the location on a highway or in a community and the name of the province or state where the change occurred

Schedule 3: Inspector’s Receipt (subsection 41(4) and subsection 42(2) of the Commercial Vehicle Drivers’ Hours of Service Regulations) I, ________________________, an inspector under

Section 6 of the Motor Vehicle Act, acknowledge that the following daily logs, supporting documents and other records were provided by (name of person) at (number, street, municipality, location, province of carrier) on (day, month, year) namely: (description of daily logs, supporting documents and records received) (municipality, location) on (day, month, year) __________________________ Inspector’s signature

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Schedule “B” Amendment to the Commercial Carrier Safety Fitness Rating and Compliance Regulations made by the Governor in Council under

Section 303G of

Chapter 293 of the Revised Statutes of Nova Scotia, 1989, the Motor Vehicle Act Appendix A to the Commercial Carrier Safety Fitness Rating and Compliance Regulations, N.S.

Reg. 84/2005, made by the Governor in Council by Order in Council 2005-145 dated March 31, 2005, is amended by repealing the heading “Commercial Vehicle Drivers’ Hours of Work Regulations offences:” and items 1 to 15 under that heading and substituting the following heading and items: Commercial Vehicle Drivers’ Hours of Service Regulations offences: 1 Driving when driver’s faculties are impaired 5(a) 3 2 Driving when driving would jeopardize public health or safety 5(b) 3 3 Driving when out-of-service 5(c) 3 4 Driving when not in compliance with regulations 5(d) 3 5 Failing to comply with daily driving hours (13 hours) 6(a) 3 6 Failing to comply with daily on-duty hours (14 hours) 6(b) 3 7 Failing to take 8 consecutive off-duty hours after 13 hours of driving time 7(1)(a) 3 8 Failing to take 8 consecutive off-duty hours after 14 hours of on- duty time 7(1)(b) 3 9 Driving after 16 hours have elapsed between off-duty periods 7(2) 3 10 Failing to take 10 hours of off-duty time in day, including 8-hour period of off-duty and 2-hour period of off-duty 9(1) 3 11 Failing to comply with off-duty hours after splitting daily off-duty time (single driver) 12(3) 3 12 Failing to comply with off-duty hours after splitting daily off-duty time (team of drivers) 13(3) 3 13 Failing to follow cycle 1 or cycle 2 14 3 14 Failing to take off-duty hours – at least 24 consecutive in 14 days 15 3 15 Excessive hours – cycle 1 16 3 16 Excessive hours – cycle 2 17(a) 3 17 Failing to take off-duty hours – 24 consecutive hours after 70 hours on duty 17(b) 3 18 Switching from cycle 1 to cycle 2 without taking 36 consecutive off-duty hours 19(1)(a) 3 19 Switch[ing] from cycle 2 to cycle 1 without taking 72 consecutive off-duty hours 19(1)(b) 3 20 Failing to take off-duty hours – at least 3 periods off-duty during 24 days (special permit for oil well service vehicles) 22(2)(a) 3 21 Failing to take off-duty hours – at least 72 consecutive hours off duty (special permit for oil well service vehicles) 22(2)(b) 3 22 Failing to place copy of special permit in vehicle 25(1)(a) 3

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Web version. 31 23 Failing to provide list of vehicles operating under special permit to director 25(1)(b) 3 24 Failing to make daily log of drivers operating under special permit available immediately to director 25(1)(c) 3 25 Failing to make supporting docum ents of drivers operating under special permit available immediately to director 25(1)(c) 3 26 Failing to notify director of accident involving vehicle operating under special permit 25(1)(d) 3 27 Failing to comply with terms and conditions of special permit 25(2) 3 28 Failing to record reason for extending driving, on-duty time or elapsed time (specify) in daily log 29 2 29 Failing to fill out daily log 31(1) 2 30 Failing to legibly enter all requi red information in daily log 32 2 31 Failing to have daily logs for previous 14 days in possession 34(a) 2 32 Failing to have daily logs of 24-hour off-duty time in possession (special permit for oil will service vehicles) 34(b) 2 33 Failing to have daily log for current day in possession, completed up to last duty status change 34(c) 2 34 Failing to have supporting documents of current trip in possession 34(d) 2 35 Failing to forward daily logs no late r than 20 days after completed 35(1) 2 36 Failing to forward supporting documen ts no later than 20 days after completed 35(1) 2 37 Failing to forward daily logs to first carrier no later than 20 days after completed 35(2)(a) 2 38 Failing to forward copy of daily logs to all other carriers no later than 20 days after completed 35(2)(b) 2 39 Failing to forward supporting documen ts to all carriers no later than 20 days after completed 35(2)(c) 2 40 Failing to deposit daily l ogs within 30 days 35(3)(a) 3 41 Failing to deposit supporting documen ts no later than 30 days after received 35(3)(a) 3 42 Failing to keep daily logs in chronological order for 6 months 35(3)(b) 3 43 Failing to keep supporting documents in chronological order for 6 months 35(3)(b) 3 44 Keeping more than one daily log 36(1) 3 45 Entering inaccurate information in a daily log 36(2)(a) 3 46 Falsifying, mutilating or defacing daily log 36(2)(b) 3 47 Falsifying, mutilating or def acing supporting documents 36(2)(b) 3 48 Failing to monitor compliance 37(1) 2 49 Failing to take immediate remedial action 37(2) 2 50 Failing to issue notice of non-compliance 37(2) 2 51 Failing to record required de tails of non-compliance 37(2) 2 52 Making false statement to director 39 3 53 Failing to immediately produce current daily log and daily logs for previous 14 days 41(1)(a) 3

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Web version. 54 Failing to immediately produce supporting documents for current trip and previous 14 days 41(1)(b) 3 55 Failing to immediately produce special permits for current trip and previous 14 days 41(1)(c) 3 56 Failing to retrieve information on electronic recording device 41(2) 3 57 Failing to immediately give inspector daily logs for previous 14 days 41(3)(a) 3 58 Failing to immediately give inspector supporting documents for previous 14 days 41(3)(b) 3 59 Failing to immediately give inspector special permits 41(3)(c) 3 60 Failing to make daily logs available 42(1)(a) 3 61 Failing to make supporting doc uments available 42(1)(b) 3 62 Failing to make special permits available 42(1)(c) 3 N.S.

Reg. 334/2009 to 338/2009 Made: December 15, 2009 Filed: December 16, 2009 Nova Scotia Offshore Area Petroleum Drilling Regulations, Nova Scotia Offshore Petroleum Production and Conservation Regulations, Nova Scotia Offshore Petroleum Drilling and Production Regulations, Nova Scotia Offshore Area Certificate of Fitness Regulations and Nova Scotia Offshore Area Petroleum Installations Regulations Order in Council 2009-518 dated December 15, 2009 Regulations, amendment to and repeal of regulations made by the Governor in Council pursuant to

Section 146 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act The Governor in Council on the report and recommendation of the Minister of Energy dated December 1, 2009, and pursuant to

Section 146 of

Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act, is pleased, effective on and after December 31, 2009, to: (

a) repeal the Nova Scotia Offshore Area Petroleum Drilling Regulations, N.S. Reg. 137/92, made by the Governor in Council by Order in Council 92-679 dated July 7, 1992; [N.S. Reg. 334/2009] (

b) repeal the Nova Scotia Offshore Petroleum Production and Conservation Regulations, N.S. Reg. 144/96, made by the Governor in Council by Order in Council 96-654 dated August 28, 1996; [N.S. Reg. 335/2009] (

c) make regulations respecting petroleum drilling a nd production in the Nova Scotia offshore area in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation; (

d) amend the Nova Scotia Offshore Area Certificate of Fitness Regulations, N.S. Reg. 4/96, made by the Governor in Council by Order in Council 96-20 dated January 9, 1996, in the manner set forth in

Schedule “B” attached to and forming part of the report and recommendation; and

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e) amend the Nova Scotia Offshore Area Petroleum Installations Regulations, N.S. Reg. 166/97, made by the Governor in Council by Order in Council 97-756 dated December 9, 1997, in the manner set forth in

Schedule “C” attached to and forming part of the report and recommendation. N.S. Reg. 336/2009 Nova Scotia Offshore Petroleum Drilling and Production Regulations

Schedule “A” Regulations Respecting Nova Scotia Offshore Petroleum Drilling and Production made by the Governor in Council under

Section 146 of

Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act

Interpretation and Application Citation 1 These regulations may be cited as the Nova Scotia Offshore Petroleum Drilling and Production Regulations.

Definitions 2( 1 ) In these regulations, “abandoned”, in relation to a well, means a well or part of a well that has been permanently plugged; “Act” means the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act; “artificial island” means a humanly constructed island to provide a site for the exploration and drilling, or the production, storage, transportation, distribution, measurement, processing or handling, of petroleum; “authorization” means an authorization issued by the Board under clause 135(1)(

b) of the Act; “barrier” means any fluid, plug or seal that prevents petroleum or any other fluid from flowing unintentionally from a well or from a formation into another formation; “casing liner” means a casing that is suspended from a string of casing previously installed in a well and does not extend to the wellhead; “commingled production” means production of petroleum from more than 1 pool or zone through a common well-bore or flow line without separate measurement of the production from each pool or zone; “completed,” in relation to a well, means a well that is prepared for production or injection operations; “completion interval” means a

section within a well that is prepared to permit the (

i) production of fluids from the well,

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Part II - Regulations Vol. 34, No. 1 34 © NS Registry of Regulations. Web version. (ii) observation of the performance of a reservoir, or (iii) injection of fluids into the well; “conductor casing” means the casing that is installed in a well to facilitate drilling of the hole for the surface casing; “drilling program” means the program for the drilling of 1 or more wells within a specified area and time using 1 or more drilling installations and includes any work or activity related to the program; “environmental protection plan” means the environmental protection plan submitted to the Board under

Section 7; “flow allocation procedure” means the procedure to (

i) allocate total measured quantities of petroleu m and water produced from or injected into a pool or zone back to individual wells in a pool or zone where individual well production or injection is not measured separately, and (ii) allocate production to fields that are using a common storage or processing facility; “flow calculation procedure” means the procedure to be used to convert raw meter output to a measured quantity of petroleum or water; “flow system” means the flow meters, auxiliary equipment attached to the flow meters, fluid sampling devices, production test equipment, the master meter and meter prover used to measure and record the rate and volumes at which fluids are (

i) produced from or injected into a pool, (ii) used as a fuel, (iii) used for artificial lift; or (iv) flared or transferred from a production installation; “fluid” means gas, liquid or a combination of the 2; “formation flow test” means an operation (

i) to induce the flow of formation fluids to the surface of a well to procure reservoir fluid samples and determine reservoir flow characteristics, or (ii) to inject fluids into a formation to evaluate injectivity; “incident” means (

i) any event that causes (

A) a lost or restricted workday injury, (

B) death,

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C) fire or explosion, (

D) a loss of containment of any fluid from a well, (

E) an imminent threat to the safety of a person, installation or support craft, or (

F) pollution, (ii) any event that results in a missing person, or (iii) any event that causes (

A) the impairment of any structure, facility, equipment or system critical to the safety of persons, an installation or support craft, or (

B) the impairment of any structure, facility, equipment or system critical to environmental protection; “lost or restricted workday injury” means 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; “minor injury” means an employment injury for which medical treatment or first aid is provided and excludes a lost or restricted workday injury; “multi-pool well” means a well that is completed in more than 1 pool; “natural environment” means the physical and biological environment; “near-miss” means an event that would likely cause an event set out in subclause (

i) of the definition of “incident”, but does not due to particular circumstances; “operator” means a person that holds an operating licence under clause 135(1)(

a) of the Act and an authorization; “physical environmental conditions” means the meteorological, oceanographic and related physical conditions, including ice conditions, that might affect a work or activity that is subject to an authorization; “pollution” means the introduction into the natural environment of any substance or form of energy outside the limits applicable to the activity that is subject to an authorization, including spills; “production control system” means the system provided to control the operation of, and monitor the status of, equipment for the production of petroleum, and includes the installation and workover control system; “production project” means an undertaking for the purpose of developing a production site on, or producing petroleum from, a pool or field, and includes any work or activity related to the undertaking; “proration test” means, in respect of a development well to which a development plan applies, a test conducted to measure the rates at which fluids are produced from the well for allocation purposes;

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Part II - Regulations Vol. 34, No. 1 36 © NS Registry of Regulations. Web version. “recovery” means the recovery of petroleum under reasonably foreseeable economic and operational conditions; “relief well” means a well drilled to assist in controlling a blow-out in an existing well; “rig release date” means the date on which a rig last conducted well operations; “safety plan” means the safety plan submitted to the Board under

Section 7; “seafloor” means the surface of all that portion of land under the sea; “slick line” means a single steel cable used to run tools in a well; “support craft” means a vessel, vehicle, aircraft, standby vessel or other craft used to provide transportation for or assistance to persons on the site where a work or activity is conducted; “surface casing” means the casing that is installed in a well to a sufficient depth, in a competent formation, to establish well control for the continuation of the drilling operations; “suspended”, in relation to a well or part of a well, means a well or part of a well in which drilling or production operations have temporarily ceased; “termination” means the abandonment, completion or suspension of a well’s operations; “waste material” means any garbage, refuse, sewage or waste well fluids or any other useless material that is generated during drilling, well or production operations, including used or surplus drilling fluid and drill cuttings and produced water; “well approval” means the approval granted by the Board under

Section 14; “well-bore” means the hole drilled by a bit in order to make a well; “well control” means the control of the movement of fluids into or from a well; “well operation” means the operation of drilling, completion, recompletion, intervention, re-entry, workover, suspension or abandonment of a well; “wire line” means a line that contains a conductor wire and that is used to run survey instruments or other tools in a well; “workover” means an operation on a completed well that requires removal of the Christmas tree or the tubing; “zone” means any stratum or any sequence of strata and includes, for the purposes of the definition “commingled production”,

Section 8, subsection 62(2), Sections 65 to 67 and 75, subsection 84(2) and

Section 87, a zone that has been designated as such by the Board under

Section 5.

(2) In these regulations, “delineation well”, “development well” and “exploratory well” have the same meaning as in subsection 121(1) of the Act.

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(3) In these regulations, “drilling installation”, “drilling rig”, “drilling unit”, “drill site”, “installation”, “production installation”, “production operation”, “production site” and “subsea production system” have the same meaning as in subsection 2(1) of the Nova Scotia Offshore Area Petroleum Installations Regulations made under the Act.

(4) The following

definitions apply for the purposes of clause 135(4)(

c) of the Act: “production facility” means equipment for the production of petroleum located at a production site, including separation, treating and processing facilities, equipment and facilities used in support of production operations, landing areas, heliports, storage areas or tanks and dependent personnel accommodations, but not including any associated platform, artificial island, subsea production system, drilling equipment or diving system; “production platform” means a production facility and any associated platform, artificial island, subsea production system, offshore loading system, drilling equipment, facilities related to marine activities and dependent diving system.

(5) For the purpose of

Section 190B of the Act, any installation is prescribed as an installation.

Part 1: Board’s Powers Spacing 3 The Board is authorized to make orders respecting the allocation of areas, including the determination of the size of spacing units and the well production rates for the purpose of drilling for or producing petroleum and to exercise any powers and perform any duties that may be necessary for the management and control of petroleum production. Names and classification of wells 4 The Board may give a name, classification or status to any well and may change that name, classification or status. Names and designations of pools, zones and fields 5 The Board may also (

a) designate a zone for the purposes of these regulations; (

b) give a name to a pool or field; and (

c) define the boundaries of a pool, zone or field for the purpose of identifying it.

Part 2: Management System, Application for Authorization and Well Approvals Management system 6( 1 ) The applicant for an authorization shall develop an effective management system that integrates operations and technical systems with the management of financial and human resources to ensure compliance with the Act and these regulations.

(2) The management system shall include (

a) the policies on which the system is based; (

b) the processes for setting goals for the improveme nt of safety, environmental protection and waste prevention;

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c) the processes for identifying hazards and for evaluating and managing the associated risks; (

d) the processes for ensuring that personnel are tr ained and competent to perform their duties; (

e) the processes for ensuring and maintaining the integrity of all facilities, structures, installations, support craft and equipment necessary to ensure safety, environmental protection and waste prevention; (

f) the processes for the internal reporting and analys is of hazards, minor injuries, incidents and near-misses and for taking corrective actions to prevent their recurrence; (

g) the documents describing all management system processes and the processes for making personnel aware of their roles and responsibilities with respect to them; (

h) the processes for ensuring that all documents asso ciated with the system are current, valid and have been approved by the appropriate level of authority; (

i) the processes for conducting periodic reviews or a udits of the system and for taking corrective actions if reviews or audits identify areas of non-conformance with the system and opportunities for improvement; (

j) the arrangements for coordinating the manage ment and operations of the proposed work or activity among the owner of the installation, the contractors, the operator and others, as applicable; and (

k) the name and position of the person accountable for the establishment and maintenance of the system and of the person responsible for implementing it.

(3) The management system documentation shall be controlled and set out in a logical and systematic fashion to allow for ease of understanding and efficient implementation.

(4) The management system shall correspond to the size, nature and complexity of the operations and activities, hazards and risks associated with the operations. Application for authorization 7 The application for authorization shall be accompanied by (

a) a description of the scope of the proposed activities; (

b) an execution plan and

schedule for undertaking those activities; (

c) a safety plan that meets the requirements of

Section 9; (

d) an environmental protection plan that meets the requirements of

Section 10; (

e) information on any proposed flaring or ven ting of gas, including the rationale and the estimated rate, quantity and period of the flaring or venting; (

f) information on any proposed burning of oil, in cluding the rationale and the estimated quantity of oil proposed to be burned; (

g) in the case of a drilling installation, a description of the drilling and well control equipment;

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h) in the case of a production installation, a description of the processing facilities and control system; (

i) in the case of a production project, a field data acquisition program that allows sufficient pool pressure measurements, fluid samples, cased hole logs and formation flow tests for a comprehensive assessment of the performance of development wells, pool depletion schemes and the field; (

j) contingency plans, including emergency respon se procedures, to mitigate the effects of any reasonably foreseeable event that might compromise safety or environmental protection, which shall (

i) provide for coordination measures with any re levant municipal, provincial, territorial or federal emergency response plan, and (ii) in an area where oil is reasonably expect ed to be encountered, identify the scope and frequency of the field practice exercise of oil spill countermeasures; and (

k) a description of the decommissioning and abandonment of the site, including methods for restoration of the site after its abandonment. Additional requirements for production installation 8( 1 ) If the application for authorization covers a production installation, the applicant shall also submit to the Board for its approval the flow system, the flow calculation procedure and the flow allocation procedure that will be used to conduct the measurements referred to in

Part 7.

(2) The Board shall approve the flow system, the flow calculation procedure and the flow allocation procedure if the applicant demonstrates that the system and procedures facilitate reasonably accurate measurements and, allocate, on a pool or zone basis, the production from and injection into individual wells. Safety plan 9 The safety plan shall set out the procedures, practices, resources, sequence of key safety-related activities and monitoring measures necessary to ensure the safety of the proposed work or activity and shall include (

a) a

summary of and references to the management system that demonstrate how it will be applied to the proposed work or activity and how the duties set out in these regulations with regard to safety will be fulfilled; (

b) a

summary of the studies undertaken to identify hazards and to evaluate safety risks related to the proposed work or activity; (

c) a description of the hazards that were iden tified and the results of the risk evaluation; (

d) a

summary of the measures to avoid, prevent, reduce and manage safety risks; (

e) a list of all facilities, structures, equipment and systems critical to safety and a

summary of the system in place for their inspection, testing and maintenance; (

f) a description of the organizational structur e for the proposed work or activity and the command structure on the installation, which clearly explains (

i) their relationship to each other, and

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Part II - Regulations Vol. 34, No. 1 40 © NS Registry of Regulations. Web version. (ii) the contact information and position of th e person accountable for the safety plan and of the person responsible for implementing it; (

g) if the possibility of pack sea ice or drifting icebergs exists at the drill or production site, the measures to address the protection of the installation, including systems for ice detection, surveillance, data collection, reporting, forecasting and, if appropriate, ice avoidance or deflection; and (

h) a description of the arrangements for monito ring compliance with the plan and for measuring performance in relation to its objectives. Environmental protection plan 10 The environmental protection plan shall set out the procedures, practices, resources and monitoring necessary to manage hazards to and protect the environment from the proposed work or activity and shall include (

a) a

summary of and references to the management system that demonstrate how it will be applied to the proposed work or activity and how the duties set out in these regulations with regard to environmental protection will be fulfilled; (

b) a

summary of the studies undertaken to id entify environmental hazards and to evaluate environmental risks relating to the proposed work or activity; (

c) a description of the hazards that were iden tified and the results of the risk evaluation; (

d) a

summary of the measures to avoid, prev ent, reduce and manage environmental risks; (

e) a list of all structures, facilities, equipment and systems critical to environmental protection and a

summary of the system in place for their inspection, testing and maintenance; (

f) a description of the organizational structur e for the proposed work or activity and the command structure on the installation, which clearly explains (

i) their relationship to each other, and (ii) the contact information and position of the person accountable for the environmental protection plan and the person responsible for implementing it; (

g) the procedures for the selection, evaluation and use of chemical substances including process chemicals and drilling fluid ingredients; (

h) a description of equipment and procedures for the treatment, handling and disposal of waste material; (

i) a description of all discharge streams and limits for any discharge into the natural environment including any waste material; (

j) a description of the system for monitoring co mpliance with the discharge limits identified in clause (i), including the sampling and analytical program to determine if those discharges are within the specified limits; and (

k) a description of the arrangements for monito ring compliance with the plan and for measuring performance in relation to its objectives.

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(1) Subject to subsection (2), an operator who intends to drill, re-enter, work over, complete or recomplete a well or suspend or abandon a well or part of a well shall obtain a well approval.

(2) A well approval is not necessary to conduct a wire line, slick line or coiled tubing operation through a Christmas tree located above sea level if (

a) the work does not alter the completion interval or is not expected to adversely affect recovery; and (

b) the equipment, operating procedures and qualifie d persons exist to conduct the wire line, slick line or coiled tubing operations as set out in the authorization. Additional requirement where well to be drilled 12 If the well approval sought is to drill a well, the application shall contain (

a) a comprehensive description of the drilling program; and (

b) a well data acquisition program that allows for the collection of sufficient cutting and fluid samples, logs, conventional cores, sidewall cores, pressure measurements and formation flow tests, analyses and surveys to enable a comprehensive geological and reservoir evaluation to be made. Application contents 13 The application shall contain (

a) if the well approval sought is to re-enter, work over, complete or recomplete a well or suspend or abandon a well or part of it, a detailed description of that well, the proposed work or activity and the rationale for conducting it; (

b) if the well approval sought is to complete a we ll, in addition to the information required under clause (a), information that demonstrates that

Section 47 will be complied with; and (

c) if the well approval sought is to suspend a well or part of it, in addition to the information required under clause (a), an indication of the period within which the suspended well or part of it will be abandoned or completed. Grant of well approval 14 The Board shall grant the well approval if the operator demonstrates that the work or activity will be conducted safely, without waste and without pollution, in compliance with these regulations. Suspension and revocation of well approval 15

(1) The Board may suspend the well approval if (

a) the operator fails to comply with the appr oval and the work or activity cannot be conducted safely, without waste or without pollution; (

b) the safety of the work or activity becomes uncertain because (

i) the level of performance of the installation or service equipment, any ancillary equipment or any support craft is demonstrably less than the level of performance indicated in the application, or

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Part II - Regulations Vol. 34, No. 1 42 © NS Registry of Regulations. Web version. (ii) the physical environmental conditions encount ered in the area of the activity for which the well approval was granted are more severe than the equipment’s operating limits as specified by the manufacturer; or (

c) the operator fails to comply with the approva ls issued under subsection 8(2), 53(4) or 67(2).

(2) The Board may revoke the well approval if the operator fails to remedy the situation causing the suspension within 120 days after the date of that suspension. Development plans 16 For the purpose of subsection 136(1) of the Act, the well approval relating to a production project is prescribed. Resource management plan required 17 For the purpose of clause 136(3)(

b) of the Act,

Part II of the development plan relating to a proposed development of a pool or field shall contain a resource management plan.

Part 3: Operator’s Duties Availability of documents 18

(1) The operator shall keep a copy of the authorization, the well approval and all other approvals and plans required under these regulations, the Act and the regulations made under the Act at each installation and shall make them available for examination at the request of any person at each installation.

(2) The operator shall ensure that a copy of all operating manuals and other procedures and documents necessary to execute the work or activity and to operate the installation safely without pollution are readily accessible at each installation. Management system 19 The operator shall ensure compliance with the management system referred to in

Section 6. Safety and environmental protection 20 The operator shall take all reasonable precautions to ensure safety and environmental protection, including ensuring that (

a) any operation necessary for the safety of persons at an installation or on a support craft has priority, at all times, over any work or activity at that installation or on that support craft; (

b) safe work methods are followed during all drilling, well or production operations; (

c) there is a shift handover system to effectively communicate any conditions, mechanical or procedural deficiencies or other problems that might have an impact on safety or environmental protection; (

d) differences in language or other barriers to effective communication do not jeopardize safety or environmental protection; (

e) all persons at an installation, or in transit to or from an installation, receive instruction in and are familiar with safety and evacuation procedures and with their roles and responsibilities in the contingency plans, including emergency response procedures;

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f) any drilling or well operation is conducted in a ma nner that maintains full control of the well at all times; (

g) if there is loss of control of a well at an insta llation, all other wells at that installation are shut in until the well that is out of control is secured; (

h) plans are in place to deal with potential hazards; (

i) all equipment required for safety and environmen tal protection is available and in an operable condition; (

j) the inventory of all equipment identified in the safety plan and the environmental protection plan is updated after the completion of any significant modification or repair to any major component of the equipment; (

k) the administrative and logistical support th at is provided for drilling, well or production operations includes accommodation, transportation, first aid and storage, repair facilities and communication systems suitable for the area of operations; (

l) a sufficient number of trained and competent individuals are available to complete the authorized work or activities and to carry out any work or activity safely and without pollution; and (

m) any operational procedure that is a hazard to safety or the environment is corrected and all affected persons are informed of the alteration. Safety equipment and instructions 21

(1) No person shall tamper with, activate without cause, or misuse any safety or environmental protection equipment.

(2) A passenger on a helicopter, supply vessel or any other support craft engaged in a drilling program or production project shall comply with all applicable safety instructions. No smoking on installation 22

(1) No person shall smoke on an installation except in those areas set aside by the operator for that use.

(2) The operator shall ensure compliance with subsection (1). Storing and handling of consumables 23 The operator shall ensure that fuel, potable water, spill containment products, safety-related chemicals, drilling fluids, cement and other consumables are (

a) readily available and stored on an installa tion in quantities sufficient for any normal and reasonably foreseeable emergency condition; and (

b) stored and handled in a manner that minimizes their deterioration, ensures safety and prevents pollution. Handling of chemical substances, waste material and oil 24 The operator shall ensure that all chemical substances, including process fluids and diesel fuel, waste material, drilling fluid and drill cuttings generated at an installation, are handled in a way that does not create a hazard to safety or the environment.

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(1) The operator shall ensure that any work or activity ceases without delay if that work or activity (

a) endangers or is likely to endanger the safety of persons; (

b) endangers or is likely to endanger the safety or integrity of the well or the installation; or (

c) causes or is likely to cause pollution.

(2) If the work or activity ceases, the operator shall ensure that it does not resume until it can do so safely and without pollution.

Part 4: Equipment and Operations Wells, installations, equipment, facilities and support craft 26 The operator shall ensure that (

a) all wells, installations, equipment and facilities are designed, constructed, tested, maintained and operated to prevent incidents and waste under the maximum load conditions that may be reasonably anticipated during any operation; (

b) a comprehensive inspection that includes a non- destructive examination of critical joints and structural members of an installation and any critical drilling or production equipment is made at an interval to ensure continued safe operation of the installation or equipment and in any case, at least once in every 5-year period; and (

c) records of maintenance, tests and inspections are kept. Operating and design, construction and maintenance standards 27 The operator shall ensure that (

a) the components of an installation and well tubulars, Christmas trees and wellheads are operated in accordance with good engineering practices; and (

b) any part of an installation that may be exposed to a sour environment is designed, constructed and maintained to operate safely in that environment. Rectifying defects 28

(1) The operator shall ensure that any defect in the installation, equipment, facilities and support craft that may be a hazard to safety or the environment is rectified without delay.

(2) If it is not possible to rectify the defect without delay, the operator shall ensure that it is rectified as soon as the circumstances permit and that mitigation measures are put in place to minimize the hazards while the defect is being rectified. Drilling fluid system 29 The operator shall ensure that (

a) the drilling fluid system and associated monito ring equipment is designed, installed, operated and maintained to provide an effective barrier against formation pressure, to allow for proper well evaluation, to ensure safe drilling operations and to prevent pollution; and

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b) the indicators and alarms associated with the monitoring equipment are strategically located on the drilling rig to alert onsite personnel. Marine riser 30

(1) The operator shall ensure that every marine riser is capable of (

a) furnishing access to the well; (

b) isolating the well-bore from the sea; (

c) withstanding the differential pressure of the drilling fluid relative to the sea; (

d) withstanding the physical forces anticipated in the drilling program; and (

e) permitting the drilling fluid to be returned to the installation.

(2) The operator shall ensure that every marine riser is supported in a manner that effectively compensates for the forces caused by the motion of the installation. Drilling practices 31 The operator shall ensure that adequate equipment, procedures and personnel are in place to recognize and control normal and abnormal pressures, to allow for safe, controlled drilling operations and to prevent pollution. Reference for well depths 32 The operator shall ensure that any depth in a well is measured from a single reference point, which is either the kelly bushing or the rotary table of the drilling rig. Directional and deviation surveys 33 The operator shall ensure that (

a) directional and deviation surveys are taken at intervals that allow the position of the well-bore to be determined accurately; and (

b) except in the case of a relief well, a well is drilled in a manner that does not intersect an existing well. Formation leak-off test 34 The operator shall ensure that (

a) a formation leak-off test or a formation inte grity test is conducted before drilling more than 10 m below the shoe of any casing other than the conductor casing; (

b) the formation leak-off test or the formation in tegrity test is conducted to a pressure that allows for safe drilling to the next planned casing depth; and (

c) a record is retained of each formation leak-o ff test and the results included in the daily drilling report referred to in clause 85(

a) and in the well history report referred to in

Section 90. Formation flow and well testing equipment 35

(1) The operator shall ensure that

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a) the equipment used in a formation flow t est is designed to safely control well pressure, properly evaluate the formation and prevent pollution; (

b) the rated working pressure of formation flow test equipment upstream of and including the well testing manifold exceeds the maximum anticipated shut-in pressure; and (

c) the equipment downstream of the well testing manifold is sufficiently protected against overpressure.

(2) The operator of a well shall ensure that the formation flow test equipment includes a down-hole safety valve that permits closure of the test string above the packer.

(3) The operator shall ensure that any formation flow test equipment used in testing a well that is drilled with a floating drilling unit has a subsea test tree that includes (

a) a valve that may be operated from the su rface and automatically closes when required to prevent uncontrolled well flow; and (

b) a release system that permits the test string to be hydraulically or mechanically disconnected within or below the blow-out preventers. Well control 36 The operator shall ensure that adequate procedures, materials and equipment are in place and utilized to minimize the risk of loss of well control in the event of lost circulation. Well control equipment 37

(1) The operator shall ensure that, during all well operations, reliably operating well control equipment is installed to control kicks, prevent blow-outs and safely carry out all well activities and operations, including drilling, completion and workover operations.

(2) After setting the surface casing, the operator shall ensure that at least 2 independent and tested well barriers are in place during all well operations.

(3) If a barrier fails, the operator shall ensure that no other activities, other than those intended to restore or replace the barrier, take place in the well.

(4) The operator shall ensure that, during drilling, except when drilling under-balanced, 1 of the 2 barriers to be maintained is the drilling fluid column. Pressure control equipment 38 The operator shall ensure that pressure control equipment associated with drilling, coil tubing, slick line and wire line operations is pressure-tested on installation and as often as necessary to ensure its continued safe operation.

Corrective action 39 If the well control is lost or if safety, environmental protection or resource conservation is at risk, the operator shall ensure that any action necessary to rectify the situation is taken without delay, despite any condition to the contrary in the well approval. Casing and cementing 40 The operator shall ensure that the well and casing are designed so that

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a) the well can be drilled safely, the targeted formations evaluated and waste prevented; (

b) the anticipated conditions, forces and stresses that may be placed upon them are withstood; and (

c) the integrity of gas hydrate zones is protected. Installation depth 41 The operator shall ensure that the well and casing are installed at a depth that provides for adequate kick tolerances and well control operations that provide for safe, constant bottom hole pressure. Cement slurry 42 The operator shall ensure that cement slurry is designed and installed so that (

a) the movement of formation fluids in the casing annuli is prevented and, where required for safety, resource evaluation or prevention of waste, the isolation of the petroleum and water zones is ensured; (

b) support for the casing is provided; (

c) corrosion of the casing over the cem ented interval is retarded; and (

d) the integrity of gas hydrate zones is protected. Wait time after cementing 43 After the cementing of any casing or casing liner and before drilling out the casing shoe, the operator shall ensure that the cement has reached the minimum compressive strength sufficient to support the casing and provide zonal isolation. Casing pressure testing 44 After installing and cementing the casing and before drilling out the casing shoe, the operator shall ensure that the casing is pressure-tested to the value required to confirm its integrity for maximum anticipated operating pressure.

Production tubing 45 The operator shall ensure that the production tubing used in a well is designed to withstand the maximum conditions, forces and stresses that may be placed on it and to maximize recovery from the pool. Monitoring and control of process operations 46 The operator shall ensure that (

a) operations such as processing, transportation, storage, re-injection and handling of petroleum on the installation are effectively monitored to prevent incidents and waste; (

b) all alarm, safety, monitoring, warning and cont rol systems associated with those operations are managed to prevent incidents and waste; and (

c) all appropriate persons are informed of the a pplicable alarm, safety, monitoring, warning or control systems associated with those operations that are taken out of service, and when those systems are returned to service. Well completion 47

(1) An operator that completes a well shall ensure that

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a) it is completed in a safe manner and allows for maximum recovery; (

b) except in the case of commingled production, each completion interval is isolated from any other porous or permeable interval penetrated by the well; (

c) the testing and production of any completi on interval are conducted safely and do not cause waste or pollution; (

d) if applicable, sand production is controlled and does not create a safety hazard or cause waste; (

e) each packer is set as close as practical to th e top of the completion interval and that the pressure testing of the packer to a differential pressure is greater than the maximum differential pressure anticipated under the production or injection conditions; (

f) if practical, any mechanical well condition th at may have an adverse effect on production of petroleum from, or the injection of fluids into, the well is corrected; (

g) the injection or production profile of the well is improved, or the completion interval of the well is changed, if it is necessary to do so to prevent waste; (

h) if different pressure and inflow characteristics of 2 or more pools might adversely affect the recovery from any of those pools, the well is operated as a single pool well or as a segregated multi-pool well; (

i) after initial completion, all barriers are tested to the maximum pressure to which they are likely to be subjected; and (

j) following any workover, any aff ected barriers are pressure-tested.

(2) The operator of a segregated multi-pool well shall ensure that (

a) after the well is completed, segregation has been established within and outside the well casing and is confirmed; and (

b) if there is reason to doubt that segregation is being maintained, a segregation test is conducted within a reasonable time frame. Subsurface safety valve 48 The operator of a development well capable of flow shall ensure that the well is equipped with a fail-safe subsurface safety valve that is designed, installed, operated and tested to prevent uncontrolled well flow when it is activated. Wellhead and Christmas tree equipment 49 The operator shall ensure that the wellhead and Christmas tree equipment, including valves, are designed to operate safely and efficiently under the maximum load conditions anticipated during the life of the well.

Part 5: Evaluation of Wells, Pools and Fields Data acquisition programs 50 The operator shall ensure that the well data acquisition program and the field data acquisition program are implemented in accordance with good oilfield practices.

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(1) If part of the well or field data acquisition program cannot be implemented, the operator shall ensure that (

a) a conservation officer is notified as soon as the circumstances permit; and (

b) the procedures to otherwise achieve the goals of the program are submitted to the Board for approval.

(2) If the operator can demonstrate that those procedures can achieve the goals of the well or field data acquisition program or are all that can be reasonably expected in the circumstances, the Board shall approve them. Testing and sampling of formations 52 The operator shall ensure that every formation in a well is tested and sampled to obtain reservoir pressure data and fluid samples from the formation, if there is an indication that the data or samples would contribute substantially to the geological and reservoir evaluation. Formation flow testing 53

(1) The operator shall ensure that (

a) no development well is put into production unless the Board has approved a formation flow test in respect of the development well; and (

b) if a development well is subjected to a we ll operation that might change its deliverability, productivity or injectivity, a formation flow test is conducted within a reasonable time frame after the well operation is ended to determine the effects of that operation on the well’s deliverability, productivity or injectivity.

(2) The operator may conduct a formation flow test on a well drilled on a geological feature if, before conducting that test, the operator (

a) submits to the Board a detailed testing program; and (

b) obtains the Board’s approval to conduct the test.

(3) The Board may require that the operator conduct a formation flow test on a well drilled on a geological feature, other than the first well, if there is an indication that the test would contribute substantially to the geological and reservoir evaluation.

(4) The Board shall approve a formation flow test if the operator demonstrates that the test will be conducted safely, without pollution and in accordance with good oilfield practices and that the test will enable the operator to (

a) obtain data on the deliverability or productivity of the well; (

b) establish the characteristics of the reservoir; and (

c) obtain representative samples of the formation fluids.

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Part II - Regulations Vol. 34, No. 1 50 © NS Registry of Regulations. Web version. Submission of samples and data 54 The operator shall ensure that all cutting samples, fluid samples and cores collected as part of the well and field data acquisition programs are (

a) transported and stored in a manner th at prevents any loss or deterioration; (

b) delivered to the Board within 60 days afte r the rig release date unless analyses are ongoing, in which case those samples and cores, or the remaining parts, are to be delivered on completion of the analyses; and (

c) stored in durable containers properly labelled for identification. Remaining cores 55 The operator shall ensure that after any samples necessary for analysis or for research or academic studies have been removed from a conventional core, the remaining core, or a longitudinal slab that is not less than one half of the cross-sectional area of that core, is submitted to the Board. Disposal of cutting, fluid, corer or evaluation data 56 Before disposing of cutting samples, fluid samples, cores or evaluation data under these regulations, the operator shall ensure that the Board is notified in writing and is given an opportunity to request delivery of the samples, cores or data.

Part 6: Well Termination Suspension or abandonment 57 The operator shall ensure that every well that is suspended or abandoned can be readily located and left in a condition that (

a) provides for isolation of all hydrocarbon-bearing zones and discrete pressure zones; and (

b) prevents any formation fluid from flowing through or escaping from the well-bore. Monitoring and inspecting suspended well 58 The operator of a suspended well shall ensure that the well is monitored and inspected to maintain its continued integrity and to prevent pollution. Clearing of seafloor 59 The operator shall ensure that, on the abandonment of a well, the seafloor is cleared of any material or equipment that might interfere with other commercial uses of the sea. Installation removal 60 No operator shall remove or cause to have removed a drilling installation from a well drilled under these regulations unless the well has been terminated in accordance with these regulations.

Part 7: Measurements Flow and volume 61

(1) Unless otherwise included in the approval issued under subsection 8(2), the operator shall ensure that the rate of flow and the volume of the following are measured and recorded: (

a) the fluid that is produced from each well; (

b) the fluid that is injected into each well;

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c) any produced fluid that enters, leaves, is u sed or is flared, vented, burned or otherwise disposed of on an installation, including any battery room, treatment facility or processing plant; and (

d) any air or materials injected for the purposes of disposal, storage or cycling, including drill cuttings and other useless material that is generated during drilling, well or production operations.

(2) The operator shall ensure that any measurements are co