Newfoundland and Labrador Gazette, Part I — 1 November 2024, Vol. 99, No. 44 — Automobile Insurance Act Notice; Urban and Rural Planning Act Notice of Registration

NLG 2024-11-01

Newfoundland and Labrador — Gazette

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 99 ST. JOHN’S, FRIDAY, NOVEMBER 1, 2024 No. 44 AUTOMOBILE INSURANCE ACT NOTICE Pursuant to

section 60 of the Automobile Insurance Act and

section 9 of the Diagnostic Treatment Protocol Regulations, the Superintendent of Insurance has set the following fees and disbursements to be charged or paid for any service, activity, or function authorized under the regulation. Fees

Schedule – Diagnostic Treatment Protocol Regulations. Effective December 2, 2024 Acupuncturist Per Treatment Maximum $40 Inclusive of documentation required Chiropractor Initial Examination $71 Subsequent Visits $61 Documentation $30 Narrative Report $136.75/report Medical – Legal Report $136.75/report Telephone Consultation $40/10 minutes Photocopy of Records $25.00 – first five pages $1 per page > five pages X Ray

Interpretation $41.50 Massage Therapist Treatment $60 per treatment Not Less Than 30 minutes Physician Fees for Medical Services MCP+20% Premium MD Reports (Paper) Received within: 0-3 business days: $40.00 4-7 business days: $18.00 7-10 business days: $10.00 MD Reports (Electronic) Received within: 0-3 business days: $45.00 Reports Requested (Narrative) $169.00 Reports Requested (Comprehensive) $194.00/page Reports with Medico legal Opinion $199.00/page Phone Consultation $42.00/10 minutes Photocopy Patient Record $28.00 – first five pages $1.50 per page > five pages Requested Review $42.00/10 minutes and Submission of File Information Physiotherapist Initial Assessment $67 Treatment $60 Forms $26.50 (0-3 days) $11.50 (4-7 days) 429

Calls $32 for 15 minutes $3 per additional minute > 15 Photocopy of Chart $23.00 – first five pages $1 per page > five pages Reports $135 The rates noted above are equivalent to those established by WorkplaceNL. The rates will be amended to align with any future rate adjustments negotiated by WorkplaceNL and associated updates to this fees

schedule will be completed and Gazetted accordingly. Questions and inquiries may be directed to (709)-729- 2595 or fsrd@gov.nl.ca. Jennifer Crummey Superintendent of Insurance November 1, 2024 Nov. 1 MUNICIPALITIES ACT, 1999 NOTICE TOWN OF FORTUNE ANIMAL CONTROL REGULATIONS PUBLISHED BY AUTHORITY The following regulations have been made by the town Council of the Town of Fortune, under the provisions of

Section 414 (2) (g to q inclusive) of the Municipalities Act, 1999,

chapter M-24. Deanne Hickman Lacey Symes MAYOR TOWN CLERK 1. These regulations shall be known and cited as the Animal Control Regulations of the Town of Fortune. 2.

INTERPRETATIONS For the purpose of these Regulations, unless the context otherwise requires: (a) “Act” means the Municipalities Act, S.N. 1999

Chapter M-24; (b) “Animal” means dog, cat, livestock or other animal prescribed by Council from time to time. (c) “Council” means the Town Council of the Town of Fortune; (d) “Town” means the Town of Fortune; (e) “CAO” means the Chief Administrative Officer of the Town of Fortune (f) “Town Clerk” means the Town Clerk of the Town of Fortune (g) “Animal Control Officer/lmpounder” means the person appointed by the Town who is responsible to carry out the provisions of the Town of Fortune’s Animal Control Regulations with respect to the seizure and impounding of animals. (h) “Livestock” means horse, cattle, sheep, goats, geese, ducks, chickens & roosters. (i) “Annoyance” means any obnoxious substance, animal waste or unsanitary matter or noise caused by an animal; that has an unpleasant effect on the senses or where any animal causes damage to any lawn, grass plot, garden or flower bed and flower, shrub or plant, such animal shall be deemed an annoyance. (j) “Premises” for the purpose of these regulations will be deemed to mean all private and public land and all private and public buildings within Town boundaries. (k) “Dog” means a member of any breed of domesticated canine or cross-breed of domesticated canine whether spayed or neutered. (l) “Cat” means a member of any breed of domesticated feline or crossbreed of domesticated feline, whether spayed or neutered. (m) “Owner” means a person who owns, has custody, charge or possession or control of an animal of any kind or a person who has charge of a house or premises or part of a premise where an animal is kept or permitted to live or remain. (n) “Premises” means any property within the Town. (o) “Injured” and “Injury” include, but are not limited to, injuries caused by wounding, worrying or pursuing. (p) “Kennel” means an establishment for keeping, breeding or boarding of dogs. (q) “Live Trap” means a cage like device, approved by the Society for the Prevention of Cruelty of Animals (S.P.C.A), used in the capture of cats, without injury to the animal.

THE NEWFOUNDLAND AND LABRADOR GAZETTE November 1, 2024 430

(r) “Running at Large” means to be unleashed: (

i) in a public place; or (ii) on premises not owned by or in the possession of the owner of the animal, and (iii) not under the control of any person when the animal is not on a leash held by a person or is not otherwise physically restrained. 3. No person being an owner shall keep an animal within the Town limits unless a license has been issued by Council for such animal and unless such animal bears a numbered tag or plate indicating that such license is valid. (

a) The Town shall keep a register of all animals by them. (

b) Registration will be free (

c) Animals to include, dogs, cats, exotic pets, etc (livestock not required)

d) Every license issued by the Town shall have no expiry date 4. No person shall permit any animal of where they are the owner to roam at large on any property within the Town including Town streets, sidewalks, public open spaces, parks and private land, other than the land of the owner of the animal. 5. It shall be the duty of the lmpounder to seize and impound any animal found roaming at large contrary to and they have the powers to enter upon all lands and into any building for the purposes of carrying out these regulations. 6.

The Impounder may humanely euthanize any animal found roaming at large within the Town, if, in their opinion, such animal is so diseased, injured, vicious or unfit for impounding, the Impounder, in consultation with the Veterinarian, may cause the animal to be disposed of or humanely euthanize forthwith. 7.

The lmpounder shall keep any unclaimed animal in the pound for a period of 72 hours (Saturdays, Sundays & Statutory holidays are excluded) and after the expiration of such period the animal may be delivered to the SPCA or in collaboration with other municipalities, with appropriate resources, be humanely euthanized. 8. When an animal has been impounded, the lmpounder shall notify the CAO or Town Clerk or such other official of the Council as shall have the care of such matters and the Clerk, or such other official, shall make record of such impounding in a book to be kept for that purpose.

If the animal impounded is registered, the Town Council will immediately contact the owner; however, if the animal is not registered, there will be an advertisement via mass email/social media. 9. The owner may recover the animal impounded on such proof of their ownership of the animal as the lmpounder may require and upon payment of all the fees and expenses in connection with the impounding and keep of the animal. 10. No owner shall keep an animal in an unsanitary condition.

Conditions shall be considered unsanitary where, in the keeping of the animal results in an accumulation of fecal matter, an odour, insect infestation; or materials that may attract rodents which endanger the health of the animal or any person, or which disturb or are likely to disturb the enjoyment, comfort or convenience of any person. If the Town Office is made aware of this type of situation, higher enforcement (i.e. RCMP or SPCA) will be contacted to investigate. 11.

The following penalties shall be paid by the owners of the animals, if animals are impounded: Impounding-1 st Offence Registered Unregistered $50.00 $100.00 Impounding 2nd Offence Registered Unregistered $75.00 $125.00 Each subsequent Registered Unregistered offence $100.00 $150.00 Daily fee for each Registered Unregistered animal held in $25.00 $25.00 the pound 12. Every owner of an animal shall remove from their property, immediately and in the proper manner any feces left by such animal, so as not to disturb the enjoyment, comfort or convenience of any person within the vicinity of the property. 13.

Every person shall remove forthwith any feces deposited by an animal under that person’s control on any highway, street, sidewalk, public park, open space or private property within municipal boundaries and shall immediately properly dispose. THE NEWFOUNDLAND AND LABRADOR GAZETTE November 1, 2024 431

14. If any animal shall make noise in such a manner as to disturb the peace or to constitute an annoyance to residents in the neighbourhood, such animal shall be deemed to be a nuisance and the owner thereof shall be deemed to have committed an offence under the terms of these regulations. The following penalties shall be paid by the owners if an offence is committed under these regulations as per noise offence: Registered Unregistered 1st Offence Written Warning Written Warning 2nd Offence $75.00 $125.00 Each $100.00 $150.00 subsequent offence 15.

No person shall keep in any dwelling or part thereof in the Town any horse, cow, calf, swine, sheep, goat, etc, without the approval of the Fortune Town Council. Prior to approval, a Discretionary Use Ad will be required. 16. Council may limit the number of animals kept on any residential or private property within the Town of Fortune. 17. These Regulations were adopted and passed by Council at a meeting held on the 2 nd day of October, 2024 and will come into effect on the 1 st day of January, 2025 and may be cited as the Town of Fortune Animal Control Regulations, 2024. 18.

All previous Animal Control Regulations of the Town of Fortune are hereby repealed. THE NEWFOUNDLAND AND LABRADOR GAZETTE November 1, 2024 432

URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION TOWN OF GANDER DEVELOPMENT REGULATIONS AMENDMENT NO. 9, 2024 TAKE NOTICE that the TOWN OF GANDER DEVELOPMENT REGULATIONS AMENDMENT NO. 9, 2024 , adopted and approved on the 25th day of September, 2024, has been registered by the Minister of Municipal and Provincial Affairs.

IN GENERAL TERMS , Development Regulations Amendment No. 9, 2024 will remove the current maximum height restriction of 15.0 metres for apartment buildings in the following zones: Residential Medium Density, Residential High Density-1, Residential High Density-2, Town Centre, Commercial General and Commercial Local.

A DDITIONA LLY, the maximum height restriction of 15.0 metres for non-residential buildings will be removed in the following zones: Rural Residential, Town Centre, Commercial General, Commercial Shopping Centre, Commercial Highway, Commercial Local, Commercial Light Industrial, Industrial General and Public Institutional. The maximum height standard of 15.0 metres will be replaced with: “No maximum, subject to airport height limitations” DEVELOPMENT REGULATIONS AMENDMENT NO. 9, 2024 shall come into effect on the day that this notice is published in The Newfoundland and Labrador Gazette .

Anyone who wishes to inspect a copy of these amendments may do so at the Town Office, Gander during normal working hours. (8:30am to 4:30 pm) TOWN OF GANDER John Boland, Planning & Control Technician Nov. 1 NOTICE OF REGISTRATION CITY OF ST. JOHN’S HERITAGE USE DEFINITION AND CONDITIONS TAKE NOTICE THAT ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 41, 2024 , adopted on September 17, 2024 has been registered by the Minister of Municipal and Provincial Affairs. IN GENERAL TERMS , the purpose of ST.

JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 41, 2024 , is to clarify the definition of a Heritage Use and add conditions for building extensions to a designated Heritage Building that has a Heritage Use. THIS AMENDMENT comes into effect on the date that this notice is printed in The Newfoundland and Labrador Gazette . For further information, please contact 576-8220 or planning@stjohns.ca. CITY OF ST.

JOHN’S Ken O’Brien, MCIP, Chief Municipal Planner Nov. 1 NOTICE OF REGISTRATION TOWN OF TORBAY DEVELOPMENT REGULATIONS AMENDMENT No. 16, 2024 TAKE NOTICE that the TOWN OF TORBAY DEVELOPMENT REGULATIONS AMENDMENT NO. 16, 2024 adopted by Council on the 24th day of June 2024, has been registered by the Minister of Municipal and Provincial Affairs. IN GENERAL TERMS , DEVELOPMENT REGULATIONS AMENDMENT NO. 16, 2024 will re-zone lands in the Jones Pond area that are currently zoned Residential Subdivision Area (RSA) to Residential Large Lot (RLL).

These lands are more particularly north of Jones Pond/Jones Pond River, west of Brixham Crescent/Torquay Place/Sallesnik Lane, south of Salerno Place/Mahon’s Lane and east of Torbay Road/Morey’s Lane. THE TOWN OF TORBAY DEVELOPMENT REGULATIONS AMENDMENT NO. 16, 2024 , comes into effect on the day that this notice is published in The Newfoundland and Labrador Gazette. Anyone who wishes to inspect a copy of the TORBAY DEVELOPMENT REGULATIONS AMENDMENT NO. 16, 2024 , may do so at the Town Office, Torbay during normal working hours.

TOWN OF TORBAY Town Clerk Nov. 1 THE NEWFOUNDLAND AND LABRADOR GAZETTE November 1, 2024 433

LANDS ACT NOTICE OF INTENT,

SECTION 7 LANDS ACT, SNL1991 c36 AS AMENDED NOTICE IS HEREBY given that an application has been made to the Department of Fisheries, Forestry and Agriculture Branch, to acquire title, pursuant to

section 7(2) (

c) of the said Act, to that piece of Crown lands situated within 15 metres of the waters of Seal Hole, Atlantic Ocean, Burgeo, for the purpose of a Residence. The application may intrude on the 15 metre shoreline of the above mentioned water body(

s) in various locations. For a detailed map, please see website: https://www.gov.nl.ca/ffa/lands/sec7notifications/. Please note: It may take up to five (5) days from the date of application for details to appear on the website.

Any person wishing to object to the application must file the objection in writing with reasons, within 30 days from the publication of notice on the Department of Fisheries, Forestry and Agriculture website, Crown Lands, https://www.gov.nl.ca/ffa/lands/ , to the Minister of Department of Fisheries, Forestry and Agriculture by mail or email to the nearest Regional Lands Office: ● Eastern Regional Lands Office, P.O. Box 8700, Howley Building, Higgins Line, St. John’s, NL, A1B 4J6 Email: easternlandsoffice@gov.nl.ca ● Central Regional Lands Office, P.O.

Box 2222, Gander, NL, A1V 2N9 Email: centrallandsoffice@gov.nl.ca ● Western Regional Lands Office, P.O. Box 2006, Sir Richard Squires Building, Corner Brook, NL, A2H 6J8 Email: westernregionlands@gov.nl.ca ● Labrador Regional Lands Office, P.O. Box 3014, Station “B”, Happy Valley-Goose Bay, NL, A0P 1E0 Email: labradorlandsoffice@gov.nl.ca (DISCLAIMER: The Newfoundland and Labrador Gazette publishes a NOTICE OF INTENT as received from the Applicant and takes no responsibility for errors or omissions in the property being more particularly described.) Nov. 1 LANDS ACT NOTICE OF INTENT,

SECTION 7 LANDS ACT, SNL1991 c36 AS AMENDED NOTICE IS HEREBY given that an application has been made to the Department of Fisheries, Forestry and Agriculture Branch, to acquire title, pursuant to

section 7(2) (

d) of the said Act, to that piece of Crown lands situated within 15 metres of the waters of Three Island Pond, Paradise, for the purpose of a wharf. The application may intrude on the 15 metre shoreline of the above mentioned water body(

s) in various locations. For a detailed map, please see website: https://www.gov.nl.ca/ffa/lands/sec7notifications/. Please note: It may take up to five (5) days from the date of application for details to appear on the website.

Any person wishing to object to the application must file the objection in writing with reasons, within 30 days from the publication of notice on the Department of Fisheries, Forestry and Agriculture website, Crown Lands, https://www.gov.nl.ca/ffa/lands/ , to the Minister of Department of Fisheries, Forestry and Agriculture by mail or email to the nearest Regional Lands Office: ● Eastern Regional Lands Office, P.O. Box 8700, Howley Building, Higgins Line, St. John’s, NL, A1B 4J6 Email: easternlandsoffice@gov.nl.ca ● Central Regional Lands Office, P.O.

Box 2222, Gander, NL, A1V 2N9 Email: centrallandsoffice@gov.nl.ca ● Western Regional Lands Office, P.O. Box 2006, Sir Richard Squires Building, Corner Brook, NL, A2H 6J8 Email: westernregionlands@gov.nl.ca ● Labrador Regional Lands Office, P.O.

Box 3014, Station “B”, Happy Valley-Goose Bay, NL, A0P 1E0 Email: labradorlandsoffice@gov.nl.ca (DISCLAIMER: The Newfoundland and Labrador Gazette publishes a NOTICE OF INTENT as received from the Applicant and takes no responsibility for errors or omissions in the property being more particularly described.) Nov. 1 THE NEWFOUNDLAND AND LABRADOR GAZETTE November 1, 2024 434

QUIETING OF TITLES ACT 2024 06G 0113 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION (GENERAL) NOTICE OF APPLICATION UNDER THE QUIETING OF TITLES ACT,

CHAPTER Q-3, OF THE REVISED STATUTES OF NEWFOUNDLAND NOTICE IS HEREBY GIVEN to all parties that BRUCE MILLER and BERNICE MILLER , of the Community of Dunfield, in the Province of Newfoundland and Labrador, has applied to the Supreme Court, General Division, Grand Bank, to have title to all that piece or parcel of property situate at the Community of Dunfield, in the District of Bonavista, in the Province of Newfoundland and Labrador, which property is more particularly described in

Schedule “A” hereto annexed and shown in

Schedule “B” hereto annexed. ALL BEARINGS aforementioned, for which BRUCE and BERNICE MILLER claim to be the owners investigated and for a Declaration that BRUCE and BERNICE MILLER are the absolute owners in fee simple in possession and the said BRUCE and BERNICE MILLER have been ordered to publish this Notice of Application as required by the above named Act.

ALL PERSONS having title adverse to the said title claimed by the said BRUCE and BERNICE MILLER shall file in the Registry of the Supreme Court of Newfoundland and Labrador, Grand Bank, particulars of such adverse claim and serve the same together with an Affidavit verifying same on the undersigned Solicitors for the Petitioners on or before the 4th day of December, A.D., 2024, after which date no party having any claim shall be permitted to file the same or to be heard except by special leave of the Court and subject to such conditions as the Court may deem just.

All such adverse claims shall be investigated then in such manner as the Supreme Court of Newfoundland and Labrador, Grand Bank, may direct. DATED AT Clarenville, in the Province of Newfoundland and Labrador, this 10 th day of September, A.D., 2024. MILLS PITTMANN TWYNE LAW OFFICES Solicitors for the Applicant Per: Gregory French ADDRESS FOR SERVICE: 111 Manitoba Drive Suite 201 Clarenville, NL A5A 1K2 Tel: (709) 466-2641 Fax: (709) 466-7109 Email: apollard@mhplawfirm.com

SCHEDULE “A” ALL THAT piece or parcel of land situate and being at Dunfield. in The Electoral District of Bonavista, in The Province of Newfoundland and Labrador, abutted and bounded as follows, that is to say: BEGINNING at a point in the northern limit of a Reservation (10)m wide along the shoreline of Lobster Cove. the said point having NAD 83 Co-ordinates of N5 357 639.437 metres and E276 720.967 metres of the 3° Transverse Mercator Grid Projection for the Province of Newfoundland and Labrador.

THENCE running along the aforesaid Reservation along Lobster Cove north seventy three degrees sixteen minutes thirty three seconds west sixty one decimal nine seven four metres. THENCE running by land of Paul King north seven degrees five minutes fifty four seconds east eighteen decimal zero three three metres; AND THENCE north seventy seven degrees fifty two minutes nine seconds east eleven decimal three two one metres. THENCE running by land of Carolyn Cowan north four degrees fifty seven minutes forty five seconds east seventy eight decimal one zero seven metres.

THENCE running by Crown Land north sixty nine degrees fifty three minutes twenty four seconds east fifty two decimal zero three eight metres. THENCE running by Crown Land south five degrees twenty five minutes eighteen seconds west one hundred thirty three decimal seven five three metres, more or less, to the point of beginning. CONTAINING ·an area of 0.576 hectares, more·or less, and being more particularly shown and delineated on the diagram annexed hereto. THE NEWFOUNDLAND AND LABRADOR GAZETTE November 1, 2024 435

TRUSTEE ACT BAILOR NOTICE THIS NOTICE serves as a formal declaration from MICHAEL STEWART EDDY , acting as Bailor, regarding all property, records, or information associated with the estates MICHAEL STEWART EDDY/EDDY, MICHAEL STEWART and MICHELLE RAE EDDY/EDDY, MICHELLE RAE. ALL RIGHTS , titles, interests, and property associated with the estate are the absolute ownership of the Eddy Family Trust. Any individual, entity, or institution in possession of such information or property holds it in a bailment relationship for the benefit of the Eddy Family Trust.

FURTHERMORE , any implied or express assumpsit related to the estate is hereby extinguished. No obligations beyond the terms of this bailment are assumed. Nov. 1 AII bearings being referred to Grid North of the above mentioned projection. W. HARRIS SURVEYS LTD January 27, 2023 THE NEWFOUNDLAND AND LABRADOR GAZETTE November 1, 2024 436

TERMS OF BAILMENT: Any property or information related to the estates of MICHAEL STEWART EDDY/EDDY, MICHAEL STEWART and MICHELLE RAE EDDY/EDDY, MICHELLE RAE, including but not limited to personal or financial records. DUTY OF CARE : Bailees are required to exercise reasonable care in handling the items in their possession. RETURN OF PROPERTY: Items must be returned upon request or managed according to existing agreements. Any party in possession of such items acknowledges these terms by continuing to hold them. Non-compliance may result in further action.

FOR INQUIRIES, CONTACT: Michael Stewart Eddy, Bailor, Eddy Family Trust, PO BOX 13107, Clarenville, NL A5A 4R2 Nov. 1 ESTATE NOTICE IN THE ESTATE OF ALPHONSUS KING , Late of Robinson’s Junction, in the Province of Newfoundland and Labrador, Deceased: April 6, 2024.

ALL PERSONS claiming to be creditors of, or who have any claims or demands either as beneficiaries or next-of-kin (by blood, legal adoption or marriage), upon or affecting the Estate of ALPHONSUS KING, Retired, late of Robinson’s Junction, in the Province of Newfoundland and Labrador, Deceased, are hereby requested to send the particulars thereof in writing, duly attested, to the undersigned Solicitor for the Administrator of the Estate on or before the 2nd day of December, 2024, after which date the said Administrator will proceed to distribute the said Estate having regard only to the claims to which she shall then have had notice.

DATED at Stephenville, Newfoundland and Labrador this 21st day of October, 2024 ROXANNE PIKE LAW OFFICE Solicitor for the Administrator PER: ROXANNE PIKE ADDRESS FOR SERVICE P.O. Box 272 43 Main Street Stephenville, NL A2N 2Z4 Tel: (709) 643-6436 Fax: (709) 643-9343 Nov. 1 ESTATE NOTICE IN THE ESTATE of JOAN D. MOORE , Retired Businesswoman, Late of the community of St.

Andrews, Province of Newfoundland and Labrador, Deceased ALL PERSONS claiming to be creditors of, or who have any claims or demands either as beneficiaries or next-of-kin (by blood, legal adoption or marriage), upon or affecting the Estate of JOAN D.

MOORE , Retired Businesswoman, Deceased, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned solicitors for the Executor of the Estate of the said deceased on or before the 29th day of November, A.D., 2024, after which date the said Executor will proceed to distribute the said Estate having regard only to the claims to which he shall then have had notice. DATED at the Town of Channel-Port aux Basques, Province of Newfoundland and Labrador, this 21st day of October, A.D., 2024. MARKS & PARSONS Solicitors for the Executor PER: MICHAEL D. PEDDLE ADDRESS FOR SERVICE P.O.

Box 640 174 Caribou Road Channel-Port aux Basques, NL A0M lC0 Tel: (709) 695-7338/7341 Fax: (709) 695-3944 Nov. 1 THE NEWFOUNDLAND AND LABRADOR GAZETTE November 1, 2024 437

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 99 ST. JOHN’S, FRIDAY, NOVEMBER 1, 2024 No. 44 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 71/24 NLR 72/24 NLR 73/24 NLR 74/24 NLR 75/24 NLR 76/24

NEWFOUNDLAND AND LABRADOR REGULATION 71/24 Offshore Area Petroleum Operations Framework Regulations under the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act (O.C. 2024-168) (Filed October 28, 2024) Under the authority of

section 145 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, October 28, 2024. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1.

Short title

PART I GENERAL 2.

Definitions 3. Incorporation by reference

PART II EXPERIENCE, TRAINING, QUALIFICATIONS AND COMPETENCE 4. Requirements 639 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24

PART III MANAGEMENT SYSTEM 5. Requirements 6. Human resources 7. Implementation 8. Continual improvement

PART IV AUTHORIZATION 9. Application 10. Safety plan 11. Environmental protection plan 12. Contingency plan 13. Spill-treating agent –

section 134.5 of Act 14. Field data acquisition program 15. Flow system, calculation and allocation 16. Decommissioning and abandonment plan 17.

Definitions – paragraph 134(5)(

c) of Act 18. Well operation 19. Well data acquisition program 20. Well verification scheme 21. Suspension of well approval 22. Revocation of well approval 23. Suspension or abandonment of well 24. Well approval – subsection 135(1) of Act 25. Concept safety analysis 26. Resource management plan – paragraph 135(3)(

b) of Act

PART V CERTIFICATE OF FITNESS 27. Prescribed installations –

section 135.2 of Act 28. Definition of installation 29. Issuance of certificate — requirements and conditions 30. Conflict of interest — paragraph 135.2(4)(

b) of Act 31. Certification plan 32. Scope of work 33. Period of validity 34. Applicable site or region 35. Revalidation – scope of work 36. Renewal of certificate 37. Invalidity 38. Change of certifying authority 39. Organizational structure 40. Reports and information

PART VI GENERAL REQUIREMENTS FOR AUTHORIZED WORKS AND ACTIVITIES 41. Installation manager 42. Safety and protection of environment 43. Physical and environmental conditions 44. Location of infrastructure or equipment 45. Accessibility, storage and handling of consumables 46. Storage and handling of chemical substances 47. Misuse of equipment 48. Cessation of work or activity 49. Copy of authorization and approvals 50. Emergency response procedures and other documentation 51. Implementation

PART VII GEOSCIENTIFIC PROGRAMS, GEOTECHNICAL PROGRAMS AND ENVIRONMENTAL PROGRAMS 52. Measures 53. Certification 54. Damage to property 55. General requirements 56. Testing of energy sources 57. Classification 58. Prohibited without approval

PART VIII DRILLING AND PRODUCTION 59. Allocation of areas 640 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 60. Name, classification or status of well 61. Pool, zone or field 62. Data acquisition programs 63. Formation evaluation, testing and sampling 64. Formation flow test 65. Samples and cores 66. Notice before disposal 67. Depth measurements 68. Directional and deviation surveys 69. Well control 70. Casing and wellhead system 71. Formation leak-off or integrity test 72. Completion, testing and operation of development wells 73. Production tubing 74. Safe operations and production 75. Flow and volume 76. Allocation of group production 77.

Allocation over multiple pools or zones 78. Testing and maintenance 79. Calibration 80. Resource management 81. Commingled production 82. Pilot scheme 83. Prohibition against flaring or venting 84. Venting limit 85. Gas emissions 86. Prohibition against oil burning 87. Determination of net environmental benefit 88. Small-scale test 89. Variation of approval 90. Use of spill-treating agent 91. Conditions for suspension or abandonment 92. Additional condition for suspension 93. Additional condition for abandonment 94. Conditions for drilling installation removal

PART IX DIVING PROJECTS 95. Vessel used in diving project 96. Dynamic positioning system 97. Light dive craft

PART X INSTALLATIONS, WELLS AND PIPELINES 98.

Definitions 99. Safety and environmental protection 100. Design of installation 101. Quality assurance program 102. Requirements – work permit 103. Operator obligations 104. Innovations 105. Physical and environmental conditions 106. Design for intended use and location 107. Conditions for safe operation and survival 108. Risk assessment – fire, explosion and hazardous gas 109. Reliability and availability 110. Monitoring program for physical and environmental conditions 111. Inspection, monitoring, testing and maintenance 112. Materials for installations 113. Passive fire and blast protection 114.

Hazardous and non- hazardous areas 115. Ventilation of enclosed hazardous areas 116. Ignition prevention 117. Means of escape, evacuation and rescue 118. Temporary safe refuge 119. Exits, access and escape routes 120. Life-saving appliances for installation 121. Installation designed for removal 122. Transportation and positioning 123. Electrical system 124. Control system 125. Integrated software- dependent control system 126. Safety-critical software 641 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 127. Emergency electrical power supply 128. Lights and sound-signalling appliances 129. Radar 130. Communication system 131. General alarm system 132. Gas release system 133. Fire and gas detection system 134. Emergency shutdown system 135. Fire protection systems and equipment 136. Boilers and pressure systems 137. Mechanical equipment 138. Materials handling equipment 139. Subsea production system 140. Temporary or portable equipment 141. Classification 142. Air gap 143. Stability 144. Self-elevating mobile offshore platform 145.

Ballast and bilge systems 146. Watertight and weathertight integrity and freeboard 147. Station-keeping 148. Mooring system 149. Disconnectable mooring system 150. Dynamic positioning system 151. Disconnect system 152. Decisions and exemptions 153. Gap analysis 154. Requirements – asset integrity 155. Non-destructive examination 156. Corrosion management 157. Limits and requirements 158. Operations manual 159. Programs 160. Maintenance program 161. Preservation program 162. Weight control program 163. Safety-critical element - repair, replacement or modification 164. Drilling fluid systems 165.

Drilling riser 166. Fail-safe subsurface safety valves 167. Well tubulars, trees and wellheads 168. Formation flow test equipment 169. Pipeline integrity - standard 170. Monitoring of systems 171. Deterioration

PART XI SUPPORT OPERATIONS 172. Support craft 173. Rescue boat - vessel 174. Safety zone 175. Landing area 176. Procedures 177. Airport service provider 178. Classification

PART XII NOTICE, RECORDS, REPORTS AND OTHER INFORMATION FOR AUTHORIZED WORKS AND ACTIVITIES 179. Definition of shotpoint 180. Reportable incidents 181. Accessibility of records 182. Critical information 183. Safety report 184. Annual reports 185. Notice – key dates 186. Weekly status reports 187. Environmental report - programs 188. Final reports 189. Exception – data made available to public 190. Data purchases 191. Reference 192. Results, data, analyses and schematics 193. Survey 194. Critical information 195. Daily production record 196. Formation flow test records and report 197. Pilot scheme 198.

Daily reports 199. Monthly production report 200. Well records and reports 201. Environmental report - drilling 202. Annual environmental report – production and pipeline 642 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 203. Annual production report 204. Gas venting records 205. Compressor records 206. Fugitive emission records 207. Record retention period 208. Weekly status reports

PART XIII REPEAL AND COMMENCEMENT 209. CNLR 1/96 Rep. 210. NLR 16/97 Rep. 211. NLR 18/97 Rep. 212. NLR 120/09 Rep. 213. NLR 20/97 Rep. 214. Commencement

SCHEDULE A

SCHEDULE B 1. These regulations may be cited as the Offshore Area Petroleum Operations Framework Regulations.

PART I GENERAL 2.

In these regulations, (a) "accidental event" means an unexpected or unplanned event or circumstance or series of unexpected or unplanned events or circumstances that may lead to the loss of life or damage to the environment, including pollution; (b) "accommodations area" means the area of an installation or vessel that contains the sleeping quarters, dining areas, food preparation areas, general recreation areas, offices and medical rooms and includes all washrooms in that area; (c) "accommodations installation" means an installation that is used to accommodate persons at a production site, drill site or dive site and that functions independently of a production installation, drilling installation or diving installation; (d) "Act" means the Canada–Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act; (e) "authorization" means an authorizatio n issued by the b oard under paragraph 134(1)(

b) of the Act; (f) "authorized inspector" means a person who is recognized under the laws of Canada or of a province as qualified to inspect boilers and pressure systems or a representative of a

Short title

Definitions 643 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 certifying authority who is qualified to carry out that function; (g) "authorized work or activity" means a work or activity that is subject to an authorization; (h) "barrier element" means a physical element that on its own does not prevent the flow of fluids but that in combination with other physical elements forms a well barrier; (i) "barrier envelope" means an envelope consisting of a set of barrier elements that prevents the unintended flow of fluids from the formation into the well- bore, another formation or the environment; (j) "certificate of fitness" means a certificate referred to in

section 135.2 of the Act; (k) "certifying authority" means the American Bureau of Shipping, Bureau Veritas, Det norske Veritas or Lloyd’s Register; (l) "classification society" means a member of the International Association of Classification Societies that has recognized and relevant competence and experience in, and established rules and procedures for, the classification of fixed and floating structures, including vessels, that are used in oil or gas activities in locations with physical and environmental conditions similar to those of the offshore area; (m) "commingled production" means the production of petroleum from more than one pool or zone through a common well where the production from each pool or zone is not measured separately; (n) "completion interval" means a

section within a well that is prepared to permit (

i) the production of fluids from the well, (ii) the observation of the performance of the reservoir, or (iii) the injection of fluids into the well; 644 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 (o) "control centre" means a continuously staffed work area in which a control system that is critical to the operation of an installation or a pipeline, to safety or to the prevention of waste and pollution is located; (p) "control system" means a system, station or panel used to (

i) monitor the status and control the operation of equipment used for or in support of the drilling for, or the production, processing or transportation of, petroleum, or (ii) monitor and control the operation of an installation; (q) "decommissioning and abandonment" means the carrying out of the following processes in accordance with an applicable Act of the legislature , an applicable regulation made under

an Act of the legislature , the applicable authorization and approved development plans: (

i) the cessation of operations, (ii) the controlled abandonment of all wells, (iii) the retirement from service and abandonment or removal of all installations, including their systems and equipment, and (iv) the retirement from service and abandonment or removal of all pipelines and materials; (r) "delineation well" has the same meaning as in paragraph 115(1)(

a) of the Act; (s) "development well" has the same meaning as in paragraph 115(1)(

b) of the Act; (t) "diving installation" means an installation or vessel on which a diving system is installed; (u) "diving project" means a work or activity that is related to the exploration or drilling for, or the production, 645 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 conservation, processing or transportation of, petroleum that involves diving; (v) "diving system" means the equipment that is required to execute a dive, including the equipment required for compression, decompression, rescue and recovery; (w) "drill site" means a location where a drilling rig is or is proposed to be installed; (x) "drilling installation" means a drilling unit or a drilling rig, and the stable foundation on which the drilling unit or drilling rig is installed, including an artificial island, an ice platform, a floating platform, a platform fixed to the seabed and any other foundation specifically used for drilling, a nd any associated accommodations area; (y) "drilling program" means a program for the drilling of one or more wells within a specified time and within specified areas through the use of one or more drilling installations and includes a work or activity related to the program; (z) "drilling rig" means the equipment used to conduct well operations and associated systems, including power systems, control systems and monitoring systems; (aa) "drilling riser" means the connection between a subsea blowout preventer and a mobile offshore platform; (bb) "drilling unit" means a fixed or mobile offshore platform, or a vessel used in a well operation, that is fitted with a drilling rig, including the systems and equipment installed on the platform or vessel that are related to well o perations and marine activities; (cc) "environmental load" means a load imposed by meteorological or oceanographic conditions, such as winds, waves, tides, currents or snow, ice conditions, regional ice features, such as sea ice or icebergs, a seismic event or any other naturally occurring phenomenon; 646 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 (dd) "environmental program" means a program pertaining to an environmental study as that term is defined in paragraph 115(1)(

d) of the Act; (ee) "exploratory well" has the same meaning as in paragraph 115(1)(

f) of the Act; (ff) "floating platform" means a column -stabilized mobile offshore platform, a surface mobile offshore platform or a fixed floating offshore platform, including a tension leg platform or a spar platform; (gg) "flow allocation procedure" means the procedure to allocate (

i) total measured quantities of petroleum 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) production among fields whose petroleum is combined for the purpose of storage or processing; (hh) "flow calculation procedure" means the procedure to convert raw meter output to a measured quantity of petroleum or water; (ii) "flow system" means the flow meters, auxiliary equipment attached to the flow meters, fluid sampling devices, production test equipment, 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, vented or transferred from a production installation; (jj) "flowline" means a line, other than a pipeline, that is used to transport fluids between a well and equipment used for the 647 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 production of petroleum that is located at a production site or to transport fluids between a well and the systems or equipment that are used in support of that production and between those systems or equipment and the production equipment; (kk) "formation flow test" means an operation (

i) to induce the flow of formation fluids to procure reservoir fluid samples and determine reservoir flow characteristics, or (ii) to inject fluids into a formation to evaluate injectivity; (ll) "functional load" means a construction load or operating load other than an environmental load or accidental load; (mm) "geoscientific program" means a program that involves geological work or geophysical work, as those ter ms are defined in paragraphs 115(1)(

g) and (

h) of the Act; (nn) "geotechnical program" means a program that involves geotechnical work, as that term is defined in paragraph 115(1)(

i) of the Act, that is undertaken to assess whether the seabed or shallow subsurface, as the case may be, is suitable to support installations or any other structures; (oo) "installation" means, except in

Part V , a drilling installation, production installation or accommodations installation; (pp) "life-saving appliances" includes lifebuoys, survival craft, launching and embarkation appliances, marine evacuation systems and visual signals; (qq) "load" includes a functional load, environmental load, accidental load and abnormal load; (rr) "LSA Code" means the annex to International Maritime Organization Resolution MSC.48(66), International Life - Saving Appliance (LSA) Code; (ss) "major accidental event" means an unexpected or unplanned event or circumstance or series of unexpected or unplanned 648 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 events or circumstances that may lead to the loss of more than one life or uncontrolled pollution; (tt) "marine activities" means activities related to the stability, station-keeping and collision avoidance of floating platforms and includes mooring, dynamic positioning and ballasting; (uu) "mobile offshore platform" means a platform that is designed to operate in a floating or buoyant mode or that can be moved from place to place without major dismantling or modification, whether or not the platform has its own motive power; (vv) "operations site" means a site where an authorized work or activity is carried out; (ww) "operator" means a person who holds an operating licence issued by the board under paragraph 134(1)(

a) of the Act and who applies for or has been granted an authorization; (xx) "physical and environmental conditions" means the physical, geotechnical, seismic, oceanographic, meteorological or ice conditions that might affect an authorized work or activity; (yy) "pipeline" has the same meaning as in CSA Group standard Z662, "Oil and gas pipeline systems", as it relates to offshore pipelines; (zz) "pollution" means the introduction into the environment of a substance or form of energy outside the limits applicable to an authorized work or activity; (aaa) "pressure system" means piping, pressure vessels, safety components and pressure components, including elements attached to pressurized parts, such as flanges, nozzles, couplings, supports, lifting lugs, safety valves and gauges; (bbb) "production installation" means (

i) the systems and equipment used for or in support of the production of petroleum, including the s ystems and equipment that are used for separation, treatment and processing, 649 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 (ii) the systems and equipment used to conduct well operations, (iii) the systems and equipment related to marine activities, (iv) the associated aircraft landing areas, storage areas or tanks and accommodations areas, and (

v) the associated platforms, artificial islands, subsea production systems and offshore loading systems; (ccc) "production project" means a project for the purpose of developing a production site on, or producing petroleum from, a pool or field, including a work or activity related to the project; (ddd) "production riser" means the connection between subsea production equipment and a production platform; (eee) "production site" means a site where a production installation is or is proposed to be installed; (fff) "recovery of petroleum" means the recovery of petroleum under foreseeable economic and operational conditions; (ggg) "relief well" means a well that is drilled to assist in controlling a blowout in an existing well; (hhh) "reportable incident" means an event that resulted in any of the following occurrences or in which an occurrence referred to in subparagraphs (

i) to (vi) was narrowly avoided: (

i) loss of life, (ii) fire or explosion, (iii) collision, (iv) pollution, (

v) leak of a hazardous substance, (vi) loss of well control, 650 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 (vii) impairment of a support craft or any of the structura l elements of an installation, or a system or equipment , that is critical to safety, (viii) impairment of any of the structura l elements of an installation, or a system or equipment , that is critical to environmental protection, or (ix) implementation of emergency response procedures; (iii) "safety critical element" means a system or equipment, including software and temporary or portable equipment, that is critical to the safety or integrity of an installation or to preventing the installation from polluting, including (

i) a system or equipment (

A) that is intended to prevent or limit the effects of a hazard that could cause a major accidental event, or (

B) whose failure could (

I) cause a hazard that could cause a major accidental event, or (II) worsen the effects on the installation of a major accidental event, and (ii) software or temporary or portable equipment that affects a system or equipment referred to in subparagraph (i); (jjj) "subsea production system" means equipment and structures that are located on or below the seabed for the production of petroleum from, or for the injection of fluids into, a field under a production site and includes production risers, flowlines and associated control systems that are located upstream of the isolation valve; (kkk) "support craft" means a vessel, vehicle, aircraft or other craft used to provide transportation or assistance to persons at an operations site; 651 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 (lll) "waste material" means garbage, refuse, sewage or waste fluids or other useless material that is generated during the carrying out of a work or activity, including used or surplus drill cuttings and drilling fluid as well as produced water; (mmm) "watertight" means designed and constructed to withstand a static head of water without leakage; (nnn) "well control" means the control of the movement of fluids into or from a well; (ooo) "well operation" means an operation related to the drilling, completion, recompletion, re -entry, intervention, workover, suspension or abandonment of a well; (ppp) "workover" means an operation on a completed well that requires removal of the tree or the tubing; and (qqq) "zone" means a stratum or sequence of strata, including a zone that has been designated as such by the b oard under paragraph 61(a). 3.

(1) In these regulations, the incorporation by reference of a document is an incorporation of that document as amended from time to time.

(2) Notwithstanding subsection (1), where a document that is incorporated by reference is available in both official languages, an amendment to the document is incorporated only when the amended version is available in both official languages.

PART II EXPERIENCE, TRAINING, QUALIFICATIONS AND COMPETENCE 4.

(1) An operator shall ensure that a person to whom a duty is assigned or who carries out a work or activity under these r egulations has the necessary experience, training, qualifications and competence to carry out that duty, work or activity safely, in a manner that protects the environment and complies with these regulations. Incorporation by reference Requirements 652 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24

(2) The operator shall ensure that the persons referred to in subsection (1) are sufficient in number and receive the necessary supervision to ensure safety and the protection of the environment.

PART III MANAGEMENT SYSTEM 5.

(1) An operator shall develop a management system for the purpose of reducing safety and environmental risks, preventing pollution and ensuring the conservation of petroleum resources.

(2) The management system referred to in subsection (1) shall (

a) be set out in writing; (

b) apply to the works and activities referred to in the operator’s application for an authorization; (

c) correspond to the scope, nature and complexity of the works and activities and the associated hazards and risks; (

d) be explicit, comprehensive and proactive; (

e) foster a culture of safety; (

f) establish conditions under which a person who makes a report that relates to safety or protection of the environment will be protected from reprisal; (

g) include processes for integrating works and activities and technical systems with the management of human and financial resources; (

h) include processes to ensure that all persons have the necessary experience, training, qualifications and competence and receive the necessary supervision to carry out the duties they are assigned; (

i) set out the roles, responsibilities and authorities of the persons exercising functions under the management system , as well as the processes for making those persons aware of their roles, responsibilities and authorities; Requirements 653 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 (

j) include processes for coordinating the carrying out and management of the works and activities among the operator, employers, suppliers, service providers and other persons that are subject to the management system; (

k) include processes for the internal and external communication of documents and information relating to safety or the protection of the environment; (

l) include a process for the efficient and immediate transmission, at every shift handover, of documents and information relating to any conditions, mechanical or procedural deficiencies or other problems that may have an impact on safety or the protection of the environment; (

m) include processes for (

i) identifying hazards that may arise during routine and non-routine operations, (ii) assessing the risks associated with those hazards and for reducing those risks through the implementation of control measures, and (iii) establishing an inventory of those hazards and control measures and for maintaining that inventory; (

n) include processes for investigating and reporting, for the purposes of

section 180 , the root causes of a reportable incident, the contributing factors and the measures to be implemented to prevent recurrence of the reportable incident; (

o) include a process for establishing a system to analyze trends in hazards and reportable incidents; (

p) include processes for identifying, evaluating and managing the systems and equipment that are critical to safety or to the protection of the environment; (

q) include processes for identifying, evaluating and managing changes that could affect safety, the protection of the environment and the conservation of petroleum resources; 654 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 (

r) include processes for identifying tasks that are critical to safety, the protection of the environment and the conservation of petroleum resources; (

s) include processes for establishing and maintaining measurable goals and performance indicators that are applicable to the management system; (

t) include processes for periodic internal audit and review of the management system to identify areas for improvement and the preventive and corrective measures to be taken where deficiencies are identified; (

u) include processes for monitoring compliance and preventing non-compliance with the requirements of these r egulations, the provisions of

Part III of the Act and any requireme nts that are determined by the board under that Part; (

v) include processes for inspection, monitoring, testing and maintenance to ensure the continued integrity of all installations, including their systems and equipment, pipelines and vessels, and for the taking of corrective measures where deficiencies are identified; (

w) include the policies and indicate the standards on which the management system is based; (

x) include a process to ensure that all documents associated with the management system are approved by a person with the necessary authority , periodically reviewed and updated when necessary; (

y) include a process for establishing a system to manage records associated with the management system , and the records necessary to support operational and regulatory requirements, for the purpose of ensuring that those records are generated, identified, controlled and retained and are readily accessible for consultation and examination; and (

z) include processes for controlling and coordinating work, including with respect to the issuance of wor k permits required under

Part X and the identification of the works and activities for which a work permit is required. 655 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24

(3) The operator shall ensure that the processes and policies included in the management system and the standards referred to in the management system are readily accessible for consultation and examination.

(4) The documentation associated with the management system shall be organized and set out in a logical fashion to allow for ease of understanding and efficient implementation.

(5) In this section, a reference to a process includes the procedures that are necessary to implement the process. 6.

(1) An operator shall put in place an organizational structure that includes sufficient human resources to implement and continually improve the management system.

(2) An operator shall designate an employee as the accountable person for the management system and shall ensure that the accountable person has the necessary authority over the human and financial resources that are required to implement and continually improve the management system.

(3) An operator shall ensure that the name, position and contact information of the accountable person is submitted to the board (

a) at the time the application for an authorization is made; (

b) when a new designation is made under subsection (2); and (

c) any time a change is made to the name, position or contact information of the accountable person. 7.

(1) An operator shall ensure that the management system is implemented before the commencement of a n authorized work or activity.

(2) An operator shall ensure that employees, employers, suppliers, service providers and other persons that are subject to the management system comply with the requirements of the management system. 8. The accountable person referred to in subsection 6 (2) shall ensure that the management system is continually improved. Human resources Implementation Continual improvement 656 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24

PART IV AUTHORIZATION 9. An application for an authorization shall be accompanied by the following documents and information: (

a) the scope of the proposed work or activity; (

b) an execution plan and

schedule for undertaking the proposed work or activity; (

c) the safety plan referred to in

section 10; (

d) the environmental protection plan referred to in

section 11; (

e) the contingency plan referred to in

section 12; (

f) a description of the installations, including their systems and equipment, pipelines, vessels and support craft, that are to be used for carrying out the work or activity, including the layouts of the installations; (

g) in the case of a production project, a description of the field data acquisition program referred to in

section 14; (

h) in the case of a drilling program or a production project, (

i) information on (

A) the proposed flaring or venting of gas, including the rationale for flaring or venting and the estimated rate, quantity and period of the flaring or venting, and (

B) the proposed burning of oil, including the rationale for burning and the estimated quantity of oil to be burned, and (ii) the decommissioning and abandonment plan referred to in

section 16; (

i) in the case of a geoscientific program, geotechnical program or environmental program, Application 657 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 (

i) a map illustrating the location of the program’s proposed works and activities and proximity to manmade structures or vulnerable natural structures, as well as any territorial or other boundaries, (ii) a description of the methods to be used in carrying out the program ’s proposed works and activities and a description of the aircraft or vessel to be used, and (iii) a description of the proposed data acquisition plan; (

j) in the case of a diving project, the dive project plan required under

section 171 of the Offshore Area Occupational Health and Safety Regulations; and (

k) where applicable, the list required under paragraph 15 2(a), the records made in the course of conducting the risk assessment required under paragraph 15 2(

b) and the action plan required under paragraph 152(c). 10.

(1) An operator shall develop a safety plan that sets out the procedures, practices, resources, sequence of key safety -related activities and monitoring measures that are necessary to safely carry out a proposed work or activity, as well as the target levels of safety in respect of the work or activity and measures for hazard management.

(2) The safety plan referred to in subsection (1) shall include the following documents and information: (

a) specific references to and detailed descriptions of the provisions of the management system that relate to safety, sufficient to demonstrate how th e obligations set out in these regulations with regard to safety will be fulfilled; (

b) a document that includes (

i) a

summary of the studies that have been carried out, and a description of the processes that will be followed, for the purposes of (

A) identifying hazards related to the proposed work or activity that may occur during routine and non - routine operations, including the hazards posed by Safety plan 658 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 other activities taking place near the proposed work or activity, and (

B) assessing safety risks associated with the identified hazards, (ii) a description of the identified hazards referred to in clause (i)(

A) and the results of the assessments referred to in clause (i)(B), (iii) a

summary of the measures to be implemented to anticipate safety risks related to the identified hazards, (iv) a

summary and evaluation of the measures to be implemented to reduce the safety risks associated with the identified hazards, including, where the possibility of ice hazards exist , measures for ice detection, forecasting, surveillance and reporting, including data collection, and measures for ice avoidance or deflection, (

v) a detailed description of the measures to be implemented to reduce safety risks to a level that is as low as reasonably practicable in respect of (

A) the design of all installations, including their systems and equipment, (

B) the design, winterization and operation of an installation that is to be operated in a cold climate, (

C) the design, arrangement, installation and maintenance of barriers to provide fire and blast protection, (

D) the design of all control systems, (

E) the design, selection, location, installation, commissioning, protection, operation, inspection and maintenance of mechanical equipment, (

F) the design, construction, installation, commissioning, operation, inspection, monitoring, testing and maintenance of a subsea production 659 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 system under all foreseeable physical and environmental conditions and operating conditions for all modes of operation, (

G) the management of temporary or portable equipment, and (

H) the arrangement and specification of watertight and weathertight appliances, (vi) a detailed description of the measures to be implemented in respect of (

A) the design and location of a vent that is used to release gas into the atmosphere without combustion in order to minimize the risk of accidental ignition of the gas, (

B) the design, selection, operation, inspection, testing and maintenance of fire protection systems and equipment in order to minimize the risk of hazards to persons who use those systems and equipment, (

C) the design of boilers and pressure systems in order to minimize the risk of hazards to the installation and to persons present on the installation and to other installations, vessels or persons in proximity to the installation, and (

D) the design and maintenance of a disconnectable mooring system on a floating platform to ensure that the risk that the system will fail to safely disconnect if exposed to situations that would exceed the platform’s structural limits or the system’s design limits is reduced to a level that is as low as reasonably practicable, without compromising the ability to achieve the target levels of safety set out in the safety plan and environmental protection plan, and (vii) a

summary of the measures to be implemented for communicating the identified hazards and for mitigating 660 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 the safety risks associated with those hazards to all persons who are directly affected; (

c) a description of the installations or vessels that are to be used during the proposed work or activity, a description of their systems and equipment that are critical to safety and a brief description of the systems in place for the inspection, testing and maintenance of those systems and that equipment; (

d) a description of the organizational structure and chain of command for the proposed work or activity that (

i) explains the relationship between the organizational structure and chain of command, and (ii) includes the name, position and contact information of the employee who is responsible for the management of the safety plan; and (

e) a description of the measures to be implemented to monitor compliance with the safety plan and to evaluate performance in relation to the safety plan's objectives. 11.

(1) An operator shall develop an environmental protection plan that sets out the procedures, practices, resources and monitoring measures that are necessary to protect the environment from the effects of a proposed work or activity, the target levels of safety in respect of the work or activity and measures for hazard management.

(2) The environmental protection plan referred to in subsection (1) shall include the following documents and information: (

a) specific references to and detailed descriptions of the provisions of the management system that relate to the protection of the environment, sufficient to demonstrate how the obligations set out in these r egulations with regard to environmental protection will be fulfilled; (

b) a document that includes (

i) a

summary of the studies that have been carried out, and a description of the processes that will be followed, for the purposes of Environmental protection plan 661 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 (

A) identifying hazards related to the proposed work or activity that may occur during routine and non - routine operations, including the hazards posed by other activities taking place near the proposed work or activity, and (

B) assessing environmental risks associated with the identified hazards, (ii) a description of the identified hazards referred to in clause (i)(

A) and the results of the assessments referred to in clause (i)(B), (iii) a

summary of the measures to be implemented to anticipate environmental risks related to the identified hazards, (iv) a

summary and evaluation of the measures to be implemented to reduce the environmental risks associated with the identified hazards, and (

v) a detailed description of the measures to be implemented to reduce environmental risks to a level that is as low as reasonably practicable in respect of (

A) the design of the installations, including their systems and equipment, (

B) the design, winterization and operation of an installation that is to be operated in a cold climate, (

C) the design, arrangement, installation and maintenance of barriers to provide fire and blast protection, (

D) the design of control systems, (

E) the design, selection, location, installation, commissioning, protection, operation, inspection and maintenance of mechanical equipment, (

F) the design, construction, installation, commissioning, operation, inspection, monitoring, 662 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 testing and maintenance of a subsea production system under all foreseeable physical and environmental conditions and operating conditions for all modes of operation, and (

G) the management of temporary or portable equipment, (vi) a detailed description of the measures to be implemented in respect of the design and location of a vent that is used to release gas into the atmosphere without combustion in order to minimize the risk of accidental ignition of the gas, and (vii) a

summary of the measures to be implemented for communicating the identified hazards and for mitigating the environmental risks associated with those hazards to all persons who are directly affected; (

c) a description of the installations or vessels that are to be used during the proposed work or activity, a description of their systems and equipment that are critical to the protection of the environment and a brief description of the systems in place for the inspection, testing and maintenance of those systems and that equipment; (

d) in the case of a drilling program or a production project, the procedures for the selection, evaluation and use of chemical substances, including process chemicals and drilling fluid ingredients; (

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

f) a description of the discharge streams and the limits of the discharge into the environment, including the discharge of waste material; (

g) a description of the system for monitoring compliance with the discharge limits referred to in paragraph (f), including the sampling and analytical programs for determining whether discharges are within the specified limits; 663 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 (

h) a description of the organizational structure and chain of command for the proposed work or activity that (

i) explains the relationship between the organizational structure and chain of command, and (ii) includes the name, position and contact information of the employee who is responsible for the management of the environmental protection plan; (

i) a description of the measures to be implemented to monitor compliance with the environmental protection plan and to evaluate performance in relation to the environmental protection plan’s objectives; and (

j) a description of the procedure to be followed if an archaeological site or a burial ground is discovered during the proposed work or activity. 12.

(1) An operator shall develop a contingency plan that sets out the procedures, including emergency response procedures, and the practices, resources and monitoring measures that are necessary to effectively prepare for and mitigate the effects of an accidental event.

(2) The contingency plan referred to in subsection (1) shall include the following documents and information: (

a) a description of the method to be used for classifying accidental events and a description of the emergency response procedures for each event; (

b) a description of the procedures for the internal and external reporting of accidental events; (

c) a description of the procedures for accessing safety- related and environmental information that is necessary to mitigate the effects of an accidental event; (

d) a description of the organizational structure, chain of command and resources for managing an accidental event, including Contingency plan 664 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 (

i) a list of key emergency response positions and a description of the roles, responsibilities and authorities associated with each of those positions, including a description of related tasks and checklists of actions that are required to be taken in the context of the contingency plan, (ii) a description of the available support craft and the contact information for its crew or a reference to the number or title of a document that provides that description and contact information, (iii) a description, or a reference to the number or title of a document that provides the description, of available emergency response equipment, including life -saving appliances, and the equipment’s location, as well as the limits on the equipment’s use and the mitigation measures to be taken in the event that the equipment is not available, (iv) a description, or a reference to a number or title of a document that provides the description, of all available medical equipment and the equipment’s location, (

v) a description of the communication system referred to in

section 130 and the operating procedures for that system, (vi) a description and the location of the emergency response operations centres, (vii) a description of a good or service that is required to be obtained on a contractual basis for each response measure, and (viii) a description of the location and the contents of temporary safe refuges or a reference to the number or title of a document that provides that description; (

e) details of mutual aid agreements entered into with other operators; 665 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 (

f) a description of the procedures for coordinating and liaising with the relevant emergency response organizations; (

g) a description of the communication protocols with the relevant federal, provincial, territorial and municipal agencies and Indigenous governing bodies; (

h) a copy of personnel evacuation plans, including the evacuation plan for divers engaged in a dive; and (

i) an indication of the frequency with which emergency response drills and exercises are to be completed and their scope.

(3) In the case of a drilling program or a production project, the contingency plan shall also include a description of the source control and containment measures to be taken to stop uncontrolled flow from a well and to minimize the duration and environmental effects of a resulting spill, as well as the following documents and information: (

a) a description of the source control and containment equipment to be used in the event of a loss of well control; (

b) details of the contractual arrangements for the source control and containment equipment, other than a relief well drilling installation, including (

i) the name and contact information of the owner or owners of the equipment, (ii) the arrangements for transport of the equipment to the location of the uncontrolled well, and (iii) the arrangements for the mode of deployment of the equipment at the location of the uncontrolled well; (

c) the

schedule and plan for the mobilization, deployment and operation of the source control and containment equipment, including measures to minimize deployment time that take required regulatory approvals into account; 666 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 (

d) details regarding the accessibility of the source control and containment equipment and the documents and information referred to in paragraphs (

a) to (c); (

e) an explanation of the adequacy of each of the source control and containment measures; and (

f) a description of the support systems and equipment that are available, including vessels and remotely operated vehicles and the consumables that may be used, such as, in the case of a relief well, a spare wellhead, spare casing and spare bulk additives.

(4) Where a spill-treating agent is being considered for use as a spill response measure, the contingency plan shall include the following additional documents and information: (

a) the name of the chosen spill -treating agent and details of an assessment of its efficacy in treating the potential sources of pollutants, including the results of any tests conducted for the assessment and a description of those tests; (

b) the results of an analysis that demonstrates that a net environmental benefit is likely to be achieved through the use of the spill-treating agent under certain circumstances; (

c) a description of the circumstances under which the spill - treating agent will be used and the estimated period within which its use will be effective; (

d) a description of the methods and protocols, including the amount and application rate, for safe, effective and efficient use of the spill-treating agent; (

e) a list of the personnel roles, equipment and materials that an operator will have available for the purpose of using the spill-treating agent, including the personnel, equipment and materials to be provided through contractual arrangements, and a description of the requirements that are required to be met for those contracts to be activated; and (

f) a monitoring plan for the use of the spill-treating agent. 667 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24

(5) The assessment of efficacy under paragraph (4)(

a) shall be carried out using oil obtained directly from the operations site where the spill-treating agent is being considered for use or, where oil is not available from that operations site, the assessment of efficacy shall be carried out using an oil that most closely resembles the oil that is expected to be obtained from the operations site and shall be repeated when oil becomes available from that operations site.

(6) The assessment, analysis, methods and protocols referred to in paragraphs (4)(a), (

b) and (

d) shall be based, taking the local environment into account, on an international standard or an alternative recognized by the board and the contingency plan shall identify each of those standards or alternatives.

(7) The methods and protocols referred to in paragraph (4)(

d) and the monitoring plan referred to in paragraph (4)(

f) shall conform to industry standards and best practices for spill -treating agent use, taking the local environment into account.

(8) In this section, " source control and containment equipment " means the capping stack, containment dome, subsea and surface equipment, devices or vessels and relief well drilling installations that are used to contain and control a spill source and to minimize the duration of a spill and its environmental effects until well control is regained. 13. For the purpose of

section 134.5 of the Act , in determining whether the use of a spill -treating agent is likely to achieve a net environmental benefit, the board shall take into account (

a) the assessment of the spill- treating agent’s efficacy referred to in paragraph 12(4)(a); (

b) the results of the analysis referred to in paragraph 12(4)(b); (

c) the circumstances referred to in paragraph 12(4)(c); (

d) the methods and protocols referred to in paragraph 12(4)(d); and (

e) the monitoring plan referred to in paragraph 12(4)(f). Spill-treating agent –

section 134.5 of Act 668 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 14. In the case of a production project, an operator shall develop a field data acquisition program that (

a) provides for the collection of sufficient pool pressure measurements, drill cutting and fluid samples, cores and well logs, and the carrying out of sufficient formation flow tests, analyses and surveys, to enable a comprehensive assessment of the field, of the performance of development wells, of the pool depletion scheme and of any injection scheme; and (

b) identifies the quantity of samples and cores, the evaluation data and the associated analyses, surveys and reports that are to be provided to the board. 15.

(1) Where the application for an authorization is in respect of a production project, the operator shall submit the following to the board for approval: (

a) the flow system, the flow calculation procedure and the flow allocation procedure that will be used to conduct the measurements referred to in sections 75 to 79; and (

b) any alternate measurements referred to in subsection 7 5(2) that the operator proposes to conduct.

(2) The board shall approve the flow system, the flow calculation procedure and the flow allocation procedure referred to in subsection (1) where the applicant demonstrates that the system and procedures facilitate accurate measurements and allocation, on a pool or zone basis, of the production from and injection into individual wells. 16.

(1) An operator shall , in the case of a drilling program or production project, develop a decommissioning and abandonment plan that includes the following information: (

a) a description of the safety and environmental protection measures to be implemented during the decommissioning and abandonment to comply with the requirements of these regulations, the provisions of

Part III of the Act and any Field data acquisition program Flow system, calculation and allocation Decommissioning and abandonment plan 669 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 federal or provincial legislation or international conventions or agreements relating to safety and the protection of the environment; (

b) a description of the potential effects of the decommissioning and abandonment on the environment and on future uses of the site where the program or project is carried out; (

c) the methods for restoring the site after the decommissioning and abandonment; and (

d) the forecasted costs of the decommissioning and abandonment and the manner in which the operator will finance or pay for those costs.

(2) An operator shall submit to the board an update on the forecasted costs of decommissioning and abandonment of the drilling program or production project and the manner in which the operator will finance or pay for those costs (

a) whenever there is a signific ant change to that information; and (

b) beginning no less than 5 years before the day on which the decommissioning and abandonment is forecasted to begin, at least once a year. 17. The following

definitions apply for the purposes of paragraph 134(5)(

c) of the Act: (a) "production facility " means the systems and equipment referred to in sub paragraph 2(bbb)(i), other than a diving system, as well as associated aircraft landing areas, storage areas or tanks and accommodations areas; and (b) "production platform" means a production installation. 18.

(1) An operator that intends to conduct a well operation shall obtain a well approval.

(2) Notwithstanding subsection (1), a well approval is not required to conduct a wire line operation, slick line operation, coiled

Definitions – paragraph 134(5)(

c) of Act Well operation 670 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 tubing operation or other similar operation through a tree located above sea level where (

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

b) the equipment, operating procedures and qualifications of the persons carrying out the work are in compliance with the requirements of the authorization.

(3) The following

definitions apply in subsection (2): (a) "slick line " means a single steel cable that is used to run tools in a well; and (b) "wire line" means a line that contains a conductor wire and that is used to run survey instruments or other tools in a well.

(4) An application for a well approval shall include the estimated cost breakdown of the well operation and the following information: (

a) where the well approval is being sought to drill a well, (

i) a comprehensive description of the drilling program, a geoscientific description of the reservoir targets and a description of a geohazard, (ii) the digital data necessary to allow for an independent geohazard assessment, (iii) a description of the well data acquisition p rogram referred to in

section 19, and (iv) a description of the well verification scheme referred to in

section 20; (

b) where the well approval is being sought to perform a workover on, to re-enter, to complete or to recomplete a well or to suspend or abandon a well or a part of a well, (

i) a description of the well or part of the well, 671 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 (ii) a description of the proposed work or activity and the rationale for carrying out the proposed work or activity, and (iii) barrier envelope diagrams that demonstrate that 2 barrier envelopes will be in place throughout the operation; (

c) where the well approval is being sought to complete a well, information that demonstrates that

section 72 will be complied with; (

d) where the well approval is being sought to suspend a well or a part of a well , an indication of the period within which the suspended well or part of the well will be abandoned or completed; and (

e) where the well approval is being sought to suspend or abandon a well or a part of a well , the methods for verifying the effectiveness of the isolation of pools and zones that is required under subparagraph 91(1)(b)(i).

(5) The board shall approve the well operation where the operator demonstrates that the well operation will be conducted safely, without waste or pollution and in compliance with these regulations. 19. In the case of a drilling program, an operator shall develop a well data acquisition program that (

a) provides for the collection of sufficient pressure measurements, drill cutting and fluid samples, conventional cores, sidewall cores and well logs, and the carrying out of sufficient formation flow tests, analyses and surveys, to enable a comprehensive geophysical, geological and reservoir evaluation to be made; and (

b) identifies the quantity of samples and cores, the evaluation data and associated analyses, surveys and reports that are to be provided to the board. 20.

(1) An operator shall establish a well verification scheme based on criteria that the operator establishes to ensure that the design of a Well data acquisition program Well verification scheme 672 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 well is in accordance with industry standards and best practices so that the well’s integrity is maintained throughout the well’s life cycle.

(2) For the purposes of subsection (1), the operator shall rank a well according to the well’s level of risk and ensure that the well’s ranking is confirmed by an independent person.

(3) The well verification scheme referred to in subsection (1) shall set out the verification requirements that are applicable to the design of a well according to the well’s ranking and to any changes made to the design of the well during the well’s construction or operation that would affect a prior verification.

(4) An operator shall ensure that the required verifications are carried out by an independent person that was not involved in the original design of the well. 21.

(1) The board may suspend a well approval where (

a) the operator conducts the well operation other than as described in the application for the well approval; (

b) the physical and environmental conditions encountered in the area of the work or activity for which the well approval was granted are more severe than the physical and environmental conditions that the manufacturer of the equipment used in the well operation established as the equipment’s operating limits; or (

c) the operator uses a flow system, flow calculation procedure or flow allocation procedure that has not been approved under subsection 15(2), conducts a formation flow test that has not been approved under subsection 6 4(5) or engages in commingled production that has not been approved under subsection 81(2).

(2) In deciding whether to suspend a well approval, the b oard shall consider (

a) the effects or potential effects of the applicable situation referred to in subsection (1) on safety, the environment and the conservation of petroleum resources; and Suspension of well approval 673 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 (

b) the operator’s history of non- compliance with the requirements of these r egulations, the provisions of

Part III of the Act or any requirements that are established by the board under that Part with respect to well operations. 22. The board shall revoke a well approval where (

a) the operator fails to remedy the situation that caused the suspension of the well approval as soon as the circumstances permit within 60 days after the date of that suspension unless, on writte n request by the operator, the b oard grants the operator an extension of time to remedy the situation; or (

b) the operator continues to operate the well despite the suspension of the well approval. 23. Where a well approval is revoked, the operator shall ensure that the well is suspended or abandoned in accordance with

Part VIII. 24. For the purposes of subsection 135 (1) of the Act, a well approval relating to a production project is prescribed. 25.

(1) The approvals referred to in subsection 135(4) of the Act are subject to the operator’s submission of a concept safety analysis to the chief safety officer at the time the operator submits the application and proposed development plan to the board under subsection 135(2) of the Act.

(2) The concept safety analysis referred to in subsection (1) shall (

a) be based on the development concept chosen by the operator as a general approach and described in

Part I of the development plan; (

b) take into account the works and activities associated with each phase in the life cycle of the development; (

c) determine target levels of safety that are to be achieved to ensure safety and the protection of the environment for the works and activities within each phase of the life cycle of an installation, including the installation’s systems and Revocation of well approval Suspension or abandonment of well Well approval – subsection 135(1) of Act Concept safety analysis 674 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 equipment, from the installation’s design up to and including the installation’s decommissioning and abandonment; (

d) identify the hazards having the potential to cause a major accidental event; (

e) include a systematic assessment of the unmitigated risks associated with each of the identified hazards, including the likelihood of a major accidental event occurring and the consequences that would result; (

f) identify the control measures that are to be implemented to reduce the risks associated with the identified hazards to a level that is as low as reasonably practicable; (

g) identify the effects of additional risks that may result from the implementation of the identified control measures; and (

h) identify the assumptions on which an aspect of the concept safety analysis is based.

(3) The target levels of safety shall be based on risk assessments that are (

a) quantitative, where it can be demonstrated that input data are available in the quantity and quality necessary to demonstrate the reliability of the results; or (

b) qualitative, where the criteria in paragraph (

a) are not met or where a quantitative assessment would otherwise be inappropriate.

(4) The operator shall include in the risk assessment a description of the circumstances that will necessitate an update of the risk assessment, including changes in (

a) the physical and environmental conditions; (

b) the operating conditions and the limits taken into account in the design assumptions; and (

c) the operating procedures. 675 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24

(5) The operator shall update the risk assessment as often as necessary and at least once every 5 years throughout the life cycle of the development to (

a) account for the circumstances described in subsection (4); and (

b) ensure the ongoing suitability of the control measures to maintain risks at a level as low as reasonably practicable. 26.

(1) For the purposes of paragraph 135(3)(

b) of the Act,

Part II of a development plan shall contain a resource management plan.

(2) The resource management plan referred to in subsection (1) shall include a description and analysis of the following: (

a) the geological setting and features of the field and of each pool or petroleum-bearing reservoir; (

b) the petrophysical data and analytical procedures for each pool; (

c) the reservoir engineering data for each pool; (

d) estimates of in -place resources and recoverable reserves for each pool, fault block and reservoir subdivision; (

e) the proposed reservoir exploitation scheme; (

f) potential developments and the reasons why they are not included in the proposed development of the field or pool; (

g) any past drilling in the area related to the proposed development of the field or pool as well as the proposed drilling program and typical completion designs for the development wells; (

h) the production and export systems related to the proposed development of the field or pool; (

i) the expected overall operating efficiency and reliability of the proposed development of the field or pool; and Resource management plan – paragraph 135(3)(

b) of Act 676 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 (

j) past expenditures and predicted capital and operating cost data, with sufficient detail to permit an economic analysis of the proposed development of the field or pool.

(3) A resource management plan shall also contain a description of the operator’s organizational structure as it relates to the implementation of the resource management plan.

PART V CERTIFICATE OF FITNESS 27. For the purpose of

section 135 .2 of the Act, a production installation, drilling installation, accommodations installation and diving installation are prescribed installations. 28. In this Part, " installation" means an installation referred to in

section 27. 29.

(1) Before a certifying authority issues a certificate of fitness in respect of an installation, (

a) the person that applies for the certificate shall (

i) provide the certifying authority with the information that the certifying authority requires in relation to the application for certification, such as design specifications for the installation, including the installation's systems and equipment, (ii) conduct or assist the certifying authority in conducting an inspection, test or survey that the certifying authority requires, (iii) except in the case of a diving installation, submit to the certifying authority for approval a maintenance program that meets the requirements set out in

section 160 and a weight control program that meets the requirements set out in

section 162, and (iv) in the case of a diving installation, submit a maintenance program to the certifying authority for approval; Prescribed installations –

section 135.2 of Act Definition of installation Issuance of certificate — requirements and conditions 677 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 (

b) the certifying authority shall determine that, in relation to the production site, the drill site or the region in which the particular installation is to be operated, (

i) the installation, including the installation's systems and equipment, is fit for the purposes for which it is to be used and can be operated without posing a threat to persons or the environment, (ii) in the case of an installation other than a diving installation, the requirements set out in the following provisions have been met: (

A) the provisions of these r egulations listed in

Part I of

Schedule A, and (

B) the provisions of the Offshore Area Occupational Health and Safety Regulations listed in

Part II of

Schedule A, other than paragraph 22(5)(b), subsection 28(3), paragraph 28(5)(a), subsection 171(3) and paragraphs 172(1)(a), (g), (

j) to (m), (

o) and (p), (2)(

e) and (3)(

c) and (

f) of those regulations, (iii) in the case of a diving installation, the requirements set out in the following provisions have been met: (

A) section 175 and the provisions of

Part IX, and (

B) the provisions of the Offshore Area Occupational Health and Safety Regulations listed in

Part II of

Schedule A, and (iv) the installation, including the installation's systems and equipment, will continue to meet the requirements set out in subparagraph (

i) and the applicable requirements set out in subparagraph (ii) or (iii), as the case may be, for the time set out in the certificate of fitness where (

A) the installation, other than a diving installation , including the installation's systems and equipment, is inspected, monitored, tested and maintained in accordance with the maintenance program and is 678 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 maintained in accordance with the weight control program referred to in subparagraph (a)(iii), or (

B) the diving installation, including the diving installation's systems and equipment, is maintained in accordance with the maintenance program referred to in subparagraph (a)(iv); (

c) the certifying authority shall (

i) in the case of an installation other than a diving installation, determine that the maintenance program and the weight control program are adequate to ensure the continued integrity of the installation, including the installation's systems and equipment, and approve the programs, and (ii) in the case of a diving installation, determine that the maintenance program is adequate to ensure the continued integrity of the installation, including the diving installation's systems and equipment, and approve the maintenance program; and (

d) the certifying authority shall carry out the scope of work in respect of which the certificate of fitness is issued.

(2) For the purposes of subparagraphs (1)(b)(ii) and (iii), the certifying authority may substitute, for any equipment, methods, measures, standards or other things required under any regulation referred to in those subparagraphs, any other equipment, methods, measures, standards or other things , the use of which is authorized by the chief safety o fficer or the chief conservation officer, as the case may be, under

section 146 of the Act or subsection 201. 66(1) of the Act.

(3) The certifying authority shall set out in the certificate of fitness the details of a ny limitation on the operation of the installation that is necessary to ensure that the installation, including the installation's systems and equipment, meets the requirements set out in paragraph (1)(b). 679 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 30.

(1) For the purposes of paragraph 135.2(4)(

b) of the Act, the extent to which a certifying authority may participate in the design, construction or installation of an installation in respect of which a certificate of fitness is issued is as follows: (

a) the certifying authority or one of its subsidiaries or affiliates may be the certifying authority or classification society for the original design, construction or installation of the installation or any modification to the installation; and (

b) a subsidiary or affiliate of the certifying authority may participate in the design, construction or installation of the installation to any other extent as long as the subsidiary or affiliate does not participate in the certification or verification activities in respect of the installation.

(2) The certifying authority shall monitor for participation beyond that described in subsection (1) and shall , without delay, inform the person that appli ed for the certificate and the b oard of such participation. 31.

(1) A person that applies for a certificate of fitness shall submit a certification plan to the chief safety o fficer and to the certifying authority for the purposes of the approval of the scope of work under

section 32.

(2) The certification plan referred to in subsection (1) shall include the following documents and information: (

a) a description of the installation to be certified, including the installation's systems and equipment; (

b) a list of the standards that will apply to the installation to be certified, including the installation's systems and equipment, and a list of the standards on which the measures to reduce risks that are described in the safety plan and the environmental protection plan are based or, where there are no applicable standards, the studies and analyses that demonstrate that the measures to be implemented are adequate to reduce the risks to safety and the environment to a level that is as low as reasonably practicable or to minimize the risk of hazards, as the case may be; and Conflict of interest — paragraph 135.2(4)(

b) of Act Certification plan 680 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 (

c) other than in the case of a diving installation, a list of the safety-critical elements, as well as a description of how the associated performance standards are to be developed. 32.

(1) A certifying authority shall submit to the c hief safety officer for approval a scope of work that takes into account the certification plan.

(2) The scope of work referred to in subsection (1) shall include (

a) a description of the following activities to be conducted by the certifying authority: (

i) activities to verify compliance with the requirements referred to in paragraph 29(1)(b), (ii) activities to verify the validity of the certificate of fitness, and (iii) any additional activities to be carried out before the renewal of the certificate; and (

b) a

schedule of the activities referred to in paragraph (a).

(3) The chief safety officer shall approve the scope of work where the chief safety officer determines that (

a) in the case of any installation, the scope of work (

i) is sufficiently detailed to permit the certifying authority to determine whether the requirements referred to in paragraph 29(1)(

b) are met, (ii) describes the type and extent of reporting in respect of continual monitoring of the certification process being undertaken by the certifying authority, and (iii) demonstrates how the certifying authority ha s complied with

section 30; (

b) in the case of an installation other than a diving installation, the scope of work Scope of work 681 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 (

i) provides the means for determining whether (

A) the environmental criteria for the region or site and the loads estimated for the installation are correct, (

B) the list of safety -critical elements included in the certification plan is complete and the elements are in place and functioning as intended, (

C) in respect of an installation referred to in a development plan, the concept safety analysis submitted under

section 2 5 meets the requirements set out in that section, (

D) in respect of a new installation, the installation has been constructed in accordance with the quality assurance program referred to in

section 101, (

E) the operations manual meets the requirements set out in

section 158, and (

F) the installation’s construction and installation, including the materials used for those purposes, meet the design specifications, (ii) includes the list of performance standards and methods that the certifying authority will use to verify compliance with those standards and to verify whether the installation, including the installation’s systems and equipment, continues to be fit for the purposes for which the installation is to be used, and (iii) provides the means for determining whether the provisions listed in

Schedule B have been complied with and whether the structures, systems and equipment referred to in those provisions are in place and functioning as intended; and (

c) in the case of a diving installation, the scope of work provides the means for determining whether the processes referred to in subparagraph 5(2)(m)(iii) and paragraph 5(2)(

v) that are included in the operator’s management system have been implemented. 682 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 33.

(1) A certificate of fitness is valid for 5 years from the day on which it is issued where the certifying authority determines that the requirements referred to in paragraph 29 (1)(

b) will be met for a period of at least 5 years from that day.

(2) Where the certifying authority determines that the requirements referred to in paragraph 2 9(1)(

b) can be met only for a period that is less than 5 years, the certificate of fitness is valid for the corresponding lesser period.

(3) The certifying authority shall indicate on the certificate of fitness its expiry date.

(4) The certifying authority may, on request of the holder of a certificate of fitness, extend the period of validity of the certificate of fitness for a period of up to 3 months, subject to the approval of the chief safety officer.

(5) The chief safety o fficer shall approve the extension of the period of validity of the certificate of fitness where the extension does not compromise safety or the protection of the environment. 34.

(1) A certifying authority shall indicate on a certificate of fitness the site or region where the installation is to be operated.

(2) A certificate of fitness is valid for the operation of the installation at the site or in the region that is indicated on the certificate of fitness. 35.

(1) The certifying authority shall revalidate the scope of work against the criteria referred to in subsection 32(3) and make any modifications that are necessary (

a) before renewing a certificate of fitness; and (

b) where new circumstances such as the following arise that have or could have a significant impact on the scope of work: (

i) these regulations or the Offshore Area Occupational Health and Safety Regulations are amended, Period of validity Applicable site or region Revalidation – scope of work 683 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 (ii) new information regarding a major accidental event that occurred in any place is disclosed, (iii) amendments are made to the standards on which the certification was based, or (iv) the installation has transitioned from one life cycle phase to another.

(2) The revalidated scope of work shall be submitted to the c hief safety officer for approval under subsection 32(3). 36. The certifying authority shall renew a certificate of fitness in relation to an installation before or on its expiry date where (

a) the certifying authority determines that the requirem ents referred to in paragraph 29(1)(

b) have been met; (

b) the certifying authority has carried out the activities referred to in subparagraph 32(2)(a)(iii); and (

c) the certifying authority has revalidated the scope of work and the scope of work has been approved by the chief safety officer. 37.

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

a) the certifying authority or the chief safety officer determines that (

i) any of the information provided under subparagraph 29(1)(a)(

i) on the basis of which the certificate of fitness was issued is incorrect, (ii) any of the requirements referred to in paragraph 29(1)(

b) are no longer being met, or (iii) any limitation set out in the certificate of fitness under subsection 29(3) has not been respected; or (

b) the chief safety o fficer determines that the certifying authority has failed to carry out the scope of work relating to Renewal of certificate Invalidity 684 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 the installation in respect of which the certificate of fitness was issued.

(2) At least 30 days before a determination referred to in subsection (1) is made, notice of the impending determination shall be given in writing (

a) in the case of a determination to be made by the certifying authority, by the certifying authority t o the c hief safety officer and to the holder of the certificate of fitness; and (

b) in the case of a d etermination to be made by the c hief safety officer, by the chief safety o fficer to the certifying authority and to the holder of the certificate of fitness.

(3) Before making a determination referred to in subsection (1), the certifying authority or the chief safety o fficer, as the case may be, shall consider any information in relation to that determination that is submitted by any person notified under subsection (2). 38.

(1) Where the person that applies for a certificate of fitness decides to change the certifying authority in relation to an installation before the initial certificate of fitness is issued, the new certifying authority shall undertake its own independent verification activities for the purpose of issuing the certificate of fitness.

(2) Where the holder of a certificate of fitness decides to change the certifying authority in relation to an installation, the holder shall (

a) notify the c hief safety o fficer as soon as the circumstances permit; (

b) develop and submit to the c hief safety officer a transition plan outlining the activities to be carried out before transitioning from the outgoing to the incoming certifying authority and demonstrating that there will not be any gaps or delays in the carrying out of verification activities or any negative effects on the extent and quality of those activities as a result of the transition from one certifying authority to another; and (

c) ensure that the incoming certifying authority has submitted for approval to the chief safety o fficer, in accordance with Change of certifying authority 685 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24

section 32, a new scope of work before commencing transition activities.

(3) The holder of a certificate of fitness shall ensure that the transition plan referred to in paragraph (2)(

b) is implemented.

(4) There shall be no more than one certificate of fitness and certifying authority in relation to an installation at any given time. 39. A certifying authority shall, without delay, notify the board, the federal m inister and the provincial m inister of any changes to its organizational structure, including amalgamations and legal name changes. 40.

(1) A certifying authority shall submit to the b oard, the federal minister and the provincial m inister, not later than March 31 of each year, an annual report that contains (

a) a

summary of the certification activities the certifying authority carried out during the previous calendar year as a certifying authority under the Act; and (

b) proof of the certifying authority's technical capabilities and experience as a certifying authority.

(2) The certifying authority shall submit a monthly report to the board that describes the certification activities the certifying authority carried out during the previous month as a certifying authority under the Act.

(3) When requested by the board , the certifying authority shall submit to the board any information the certifying authority obtained or documents generated in the course of carrying out certification and verification activities.

(4) The certifying authority shall retain records, including technical drawings, for any activity carried out during its certification or verification activities in respect of an installation until the day that is Organizational structure Reports and information 686 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 7 years after the day on which the last certificate of fitness issued for that installation expires.

PART VI GENERAL REQUIREMENTS FOR AUTHORIZED WORKS AND ACTIVITIES 41. For the purposes of

section 189.2 of the Act, every installation is a prescribed installation. 42. An operator shall take the measures necessary to ensure safety and the protection of the environment during an authorized work or activity, including measures to ensure that (

a) the safety of persons at an operations site or on a support craft has priority, at all times, over a work or activity at the operations site or on the support craft; (

b) safe work methods are adopted; (

c) differences in language or other barriers to effective communication do not jeopardize safety or the protection of the environment; (

d) where there is a loss of well control, all other wells at the same installation are shut in until the well that is out of control is secured; (

e) the equipment that is necessary for safety and the protection of the environment is available and in a condition to perform as intended at all times; (

f) fires can be controlled and extinguished and the related hazard to safety or the environment is minimized; (

g) the administrative and logistical support that is provided for a work or activity includes accommodation and transportation and storage and repair facilities that are fit for the purposes for which they are to be used; (

h) every operations site is equipped with a communication system that meets the requirements set out in subsection 130(1); Installation manager Safety and protection of environment 687 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 (

i) an operating procedure that creates a hazard to safety or the environment is corrected; and (

j) affected persons are informed of a correction made under paragraph (i). 43. An operator shall ensure that (

a) physical and environmental conditions, including sea states and ice movements, are observed and forecasts of those conditions are obtained; (

b) the observations and forecasts are recorded each day, as well as each time there are substantial differences between the observations and the forecasts; and (

c) the records are maintained at the operations site. 44. An operator shall keep data or information that accurately describes the location of infrastructure or equipment at an operations site that is on or attached to the seabed, including an abandoned installation or part of it. 45. An operator shall ensure that explosives, fuel, spill -treating agents, spill containment products, drilling, completion and well stimulation fluids and cement, as well as chemicals and other consumables that are necessary for safe operations, are (

a) readily accessible and stored in quantities that are sufficient for normal conditions and any emergency situation; and (

b) stored and handled in a manner that does not create a hazard to safety or the environment, including a hazard that could result from their deterioration. 46. An operator shall ensure that chemical substances present at an operations site, including process fluids, fuel, lubricants, waste material, drilling fluids and drill cuttings, are stored and handled in a manner that does not create a hazard to safety or the environment. Physical and environmental conditions Location of infrastructure or equipment Accessibility, storage and handling of consumables Storage and handling of chemical substances 688 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 47. A person shall not tamper with, activate without cause or otherwise misuse equipment that is necessary for safety or the protection of the environment. 48.

(1) An operator shall ensure that a work or activity ceases without delay where the work or activity (

a) endangers or is likely to endanger the safety of any other work or activity; (

b) endangers or is likely to endanger the safety or integrity of any operations site or well; or (

c) causes or is likely to cause pollution.

(2) An operator shall ensure that the work or activity does not resume until the work or activity can be done safely and without causing pollution. 49.

(1) An operator shall ensure that a copy of the authorization and related approvals that are required under these r egulations or

Part III of the Act is displayed in a conspicuous location at every operations site.

(2) An operator shall keep an additional copy of the authorization and approvals, as well as the plans that are required under these regulations or

Part III of the Act, at every operations site and shall ensure that they are readily accessible for consultation or examination. 50. An operator shall ensure that a copy of the most current version of the emergency response procedures and the documentation that is necessary to carry out an authorized work or activity and to operate and maintain an installation or pipeline is (

a) readily accessible at all times at every operations site and emergency response operations centre; and (

b) usable under all foreseeable circumstances at each location referred to in paragraph (a). 51.

(1) An operator shall ensure that the safety plan referred to in

section 10, the environmental protection plan referred to in

section 11 Misuse of equipment Cessation of work or activity Copy of authorization and approvals Emergency response procedures and other documentation Implementation 689 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 and the resource managemen t plan referred to in

section 26 are implemented at the commencement of a work or activity and that the contingency plan referred to in

section 12 is implemented as soon as an accidental event occurs or appears imminent.

(2) An operator shall ensure that the safety plan, environmental protection plan, resource management plan and contingency plan are periodically updated; however, the descriptions of installations, vessels, systems and equipment that are included in the safety plan and the environmental protection plan as required by paragraphs 10(2)(

c) and 11(2)(c), respectively, shall be updated as soon as the circumstances permit after the modification, replacement or addition of a major component.

PART VII GEOSCIENTIFIC PROGRAMS, GEOTECHNICAL PROGRAMS AND ENVIRONMENTAL PROGRAMS 52. An operator shall ensure that (

a) the equipment and materials that are necessary to conduct a geoscientific program, geotechnical program or environmental program are handled, installed, inspected, tested, maintained and operated in a manner that takes into account the manufacturer’s instructions and industry standards and best practices; and (

b) where the equipment, its components or the materials are defective, the equipment, components or materials are, without delay, repaired or replaced in accordance with the manufacturer’s recommendations. 53. An operator shall ensure that a competent third party has certified that the equipment that is installed temporarily on a vessel to conduct a geoscientific program, geotechnical program or environmental program is fit for the purposes for which it is to be used. 54.

An operator shall take the necessary measures to ensure that property is not damaged as a result of a geoscientific program, geotechnical program or environmental program. Measures Certification Damage to property 690 The Newfoundland and Labrador Gazette November 1, 2024

Offshore Area Petroleum Operations Framework Regulations 71/24 55.

(1) An operator shall ensure that an energy source that is used in a geoscientific program, geotechnical program or environmental program is (

a) kept free from a substance that could create a hazard; and (

b) operated in a manner that prevents inadvertent activation of the energy source.

(2) An operator shall ensure that an electrical or electromagnetic energy source is equipped with circuit breakers on the charging and discharging circuits and with wiring that is adequately insulated and grounded to prevent current leakage and electrical shock.

(3) An operator shall ensure that the program is conducted in a manner that eliminates the safety risks to divers from the energy source used, including by determining the minimum distances that are required to be maintained between the divers and the energy source and ensuring compliance with those distances. 56.

(1) An operato

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2024-11-01
Type	gazette
Volume / chapter	nlg20241101
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	a1a15fa6101f7baa3947b8b735af9783d653dfb0

Source file is stored in the law ingest library (pdf).