499 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 84 ST. JOHN’S, THURSDAY, DECEMBER 24, 2009 No. 52 URBAN AND RURAL PLANNING ACT NOTICE OF REGISTRATION ST. JOHN’S MUNICIPAL PLAN AMENDMENT NO. 72, 2009 AND ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 463, 2009 Take notice that St. John’s Municipal Plan Amendment No. 72, 2009 and St. John’s De velopment Regulations Amendment No. 463, 2009, adopted on the 8th day of September, 2009, and approve d (as amended) on the 7th day of December, 2009, have been registered by the Minister of Municipal Affairs. In general terms, the purpose of the St.

John’s Municipal Amendment No. 72, 2009, is to adopt map amendments to the Municipal Plan to implement recommendations of the Battery Development Guidelines Study Report. In general terms, the purpose of the St. John’s Development Regulations Amendment Number 463, 2009 is to adopt map amendments to the Development Regulations to implement re commendations of the Battery Development Guidelines Study Report. These amendments come into effect on the day that this notice is published in T he Newfoundland and Labrador Gazette.

Anyone who wishes to inspect a copy of these amendments may do so at the City’s Department of Planning, 3rd Floor, St. John’s City Hall during regular business hours. CITY OF ST. JOHN’S Cheryl Kearney Dec 24 NOTE: Attached to the end of

Part II is a list of Statutes of Newfoundland and Labrador, 2009 as enacted up to December 22, 2009. Attached is a list of publication dates for the Year 2010

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 24, 2009 500 NOTICE OF REGISTRATION ST. JOHN’S MUNICIPAL PLAN AMENDMENT NO. 76, 2009 AND ST. JOHN’S DEVELOPMENT REGULATIONS AMENDMENT NUMBER 469, 2009 Take notice that St. John’s Municipal Plan Amendment No. 76, 2009 and St. John’s De velopment Regulations Amendment No. 469, 2009, adopted on the 2nd day of November, 2009, and approved on the 7th day of December, 2009, have been registered by the Minister of Municipal Affairs. In general terms, the purpose of the St.

John’s Municipal Amendment No. 76, 2009, is to redesignate land on the south side of Topsail Road, east of Holbrook Avenue, to the Residential High Density Land Use District. In general terms, the purpose of the St. John’s Development Regulations Amendment Number 469, 2009 is to rezone land on the south side of Topsail Road, east of Holbrook Avenue, to the Ap artment High Density (A3) Zone, with site-specific building height limitations for the site under A3 Zone designation. These amendments 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 City’s Department of Planning, 3rd Floor, St. John’s City Hall during regular business hours. CITY OF ST. JOHN’S Cheryl Kearney Dec 24

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 84 ST. JOHN’S, THURSDAY, DECEMBER 24, 2009 No. 52 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 114/09 NLR 115/09 NLR 116/09 NLR 117/09 NLR 118/09 NLR 119/09 NLR 120/09 NLR 121/09 NLR 122/09

The Newfoundland and Labrador Gazette December 24, 2009 957 NEWFOUNDLAND AND LABRADOR REGULATION 114/09 Endangered Species List Regulations (Amendment) under the Endangered Species Act (O.C. 2009-383) (Filed December 21, 2009) Under the authority of sections 7 and 47 of the Endangered Spe- cies Act, the Minister of Environment and Conservation, with the a p- proval of the Lieutenant -Governor in Council , makes the following regulations. Dated at St. John’s, December 18, 2009. Charlene Johnson Minister of Environment and Conservation Gary Norris Clerk of the Executive Council REGULATIONS Analysis 1. Sch. B Amdt.

Endangered Species List Regulations (Amendment) 114/09 The Newfoundland and Labrador Gazette December 24, 2009 958 1.

Schedule B of the Endangered Species List Regulations is amended by adding immediately after the species "Fernald's Braya - Braya fernaldii", the species "Olive -sided Flycatcher - Contopus cooperi". ©Earl G. Tucker, Queen's Printer NLR 57/02 as amended

The Newfoundland and Labrador Gazette December 24, 2009 959 NEWFOUNDLAND AND LABRADOR REGULATION 115/09 Proclamation bringing Act into force under the Embalmers and Funeral Directors Act O.C – 2009 - 384 (Filed December 22, 2009) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. JOHN C. CROSBIE Lieutenant Governor FELIX COLLINS Attorney General TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 39 of Embalmers and Funeral Directors Act,, 2008 SNL 2008 cE-7.1 (the “Act”) it is provided that the Act shall come into force on a day to be fixed by Proclamation of Our Lieutenant Governor in Council; AND

WHEREAS it is deemed expedient that the Act shall come int o force on the date set out below; NOW KNOW YE, THAT WE by and with the advice of Our Executive Council of Our Province of Newfoundland and Labrador, do by this Our Proclamation declare and direct that Embalmers and Funeral Di- rectors Act, 2008 SNL 2008 cE-7.1 shall come into force on January 1, 2010. OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly.

The Newfoundland and Labrador Gazette December 24, 2009 960 IN TESTIMONY WHEREOF WE have caused these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to be hereunto affixed. WITNESS: Our trusty and well-beloved the Honourable John Carnell Crosbie, Member of the Privy Council of Canada, Officer of the Order of Canada, Chancellor of the Order of Newfoundland and Labrador, and one of Her Majesty’s Counsel learned in the law, Lieutenant Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE in Our City of St.

John's this 21st day of December in the year of Our Lord two thousand and nine in the fifty-eighth year of Our Reign. BY COMMAND, BAXTER ROSE Deputy Registrar General

The Newfoundland and Labrador Gazette December 24, 2009 961 NEWFOUNDLAND AND LABRADOR REGULATION 116/09 Embalmers and Funeral Directors Regulations under the Embalmers and Funeral Directors Act, 2008 (Filed December 22, 2009) Under the authority of

section 1 0 of the Embalmers and Funeral Directors Act, 2008, the Embalmers and Funeral Directors Board, with the approval of the Minister of Government Services , makes the fo l- lowing regulations. Dated at St. John’s, December 10, 2009. Terry Green Chairperson Embalmers and Funeral Directors Board Kevin O'Brien Minister of Government Services REGULATIONS Analysis 1.

Short title 2. Definition 3. Apprenticeship of embalm- ers 4. Transfer of apprenticeship agreement 5. Duties of embalmer re ap- prentices 6. Prerequisites to embalmer examinations 7. Qualifying examination 8. Failure of examination

Embalmers and Funeral Directors Regulations 116/09 The Newfoundland and Labrador Gazette December 24, 2009 962 9. Apprenticeship of funeral directors 10. Transfer of apprenticeship agreement 11. Duties of funeral director re apprentice 12. Prerequisites to funeral director examinations 13. Qualifying examination 14. Failure of examination 15. Embalmer's licence 16. Funeral director's licence 17. Funeral home licence 18. Permits 19. Renewal of licence 20. Lapsed licences 21. Filing of an allegation 22. Appointment of an adjudica- tion tribunal 23. Adjudication tribunal hear- ing date 24.

Decision of the adjudication tribunal 25. CNLR 1106/96 Rep. 26. Commencement 1. These regulations may be cited as the Embalmers and Funeral Directors Regulations. 2. In these regulations (a) "Act" means the Embalmers and Funeral Directors Act, 2008; and (b) "funeral home" means a building, establishment or facility licensed by the board to offer or provid e funeral merchan- dise or services to the public. 3. A person applying to the b oard for registration as an apprentice embalmer shall satisfy the board that he or she is possessed of the fol- lowing prerequisites: (

a) he or she is not less than 19 years of age; (

b) has successfully co mpleted an education program from an educational institution approved by the Department of Ed u- cation of the province or the board; (

c) has an agreement of apprenticeship training with a licensed embalmer who has at least 2 years experience; and (

d) a certificate of conduct. 4. An apprentice embalmer may transfer the agreement of appre n- ticeship from one embalmer to another only with the prior written co n- sent of the board.

Short title Definition Apprenticeship of embalmers Transfer of appren- ticeship agreement Duties of embalmer re apprentices

Embalmers and Funeral Directors Regulations 116/09 The Newfoundland and Labrador Gazette December 24, 2009 963 5.

(1) An embalm er shall provide a pprenticeship training to only one apprentice at a time.

(2) An embalmer shall be licensed under the Act and shall have a minimum of 2 years experience before providing apprenticeship train- ing.

(3) Upon completion of the apprenticeship training the e m- balmer shall submit to the board an affidavit stating that the apprentice has completed 12 months of apprenticeship training and com pleted a minimum of 50 embalming procedures. 6. A person who wishes to write the examinations to qualify as a licensed embalmer shall have served as an apprentice with one or more approved licensed embalmers for a period of at least 12 consecutive months and have completed no fewer than 50 embalming procedures. 7.

(1) The qualifying examination shall consist of 2 parts: (

a) a written examination; and (

b) a practical examination.

(2) The written examination shall consist of questions pr e- scribed by the board.

(3) The practical examin ation shal l consist of the performance of an embalming procedure on an autopsy case and a demonstration of the knowledge of performing a six-point injection in the presence of the examiner on both a non -autopsy case and an autopsy case to the sati s- faction of the examiner.

(4) The pass mark in the written examination shall be 70%.

(5) A candidate for examination shall apply to the board and pay the examination fee prescribed by the board.

(6) A candidate who fail s to pass the examination is eligible to reapply to the board to take the examination again. 8.

(1) Where an embalmer apprentice fails to pass the examination on 2 occasions he or she shall be required to apprentice with an a p- proved licensed embalmer with a minimum of 2 years e xperience for a Prerequisites to embalmer examina- tions Qualifying exami- nation Failure of examina- tion

Embalmers and Funeral Directors Regulations 116/09 The Newfoundland and Labrador Gazette December 24, 2009 964 further 12 months and shall complete a further 50 embalming proc e- dures before being eligible to take the examination again.

(2) The costs associated with re -taking the examination shall be the responsibility of the apprentice.

(3) Notwithstanding subsection (1), where upon an application to the board it is shown that the failures were due to the illness or a death in the family of the apprentice, the board may allow the appre n- tice to take the exam again without meeting the requirements of subsec- tion (1). 9. A person applying to the board for registration as an apprentice funeral director shall satisfy the board that he or she possesses the fol- lowing prerequisites: (

a) he or she is not less than 19 years of age; (

b) he or she has successfully co mpleted an education program from an educational institution approved by the Department of Education of the province or the board; and (

c) he or she has an agreement of apprenticeship training with a licensed funeral director who has at least 2 years experience. 10. An apprentice funeral director may transfer the agreement of apprenticeship from one funeral director to another only with the prior written consent of the board. 11.

(1) A funeral director shall provide apprenticeship training to only one apprentice at a time.

(2) A funeral director shall be licensed under the Act and shall have a minimum of 2 years experience before providing apprenticeship training.

(3) Upon completion of the appre nticeship training the funeral director shall submit to the board an affidavit stating that the apprentice has completed 12 months of apprenticeship trai ning and completed a minimum of 25 funeral procedures. 12. A person who wishes to take the examinations to qualify as a funeral director shall have served as an apprentice with one or more Apprenticeship of funeral directors Transfer of appren- ticeship agreement Duties of funeral director re appren- tice Prerequisites to funeral director examinations

Embalmers and Funeral Directors Regulations 116/09 The Newfoundland and Labrador Gazette December 24, 2009 965 approved licensed funeral directors for a period of at least 12 consecu- tive months and have completed no fewer than 25 funeral procedures. 13.

(1) The qualifying examination shall be prescribed by the board.

(2) The pass mark in the written examination shall be 70%.

(3) A candidate for examination shall apply to the board and pay the examination fee prescribed by the board.

(4) A candidate who fails to pass the examination shall be eligi- ble to reapply to the board to take the examination again. 14.

(1) Where a funeral director apprentice fails to pass the exam i- nation on 2 occasions he or she shall be required to apprentice with an approved licensed funeral director with a minimum of 2 years exper i- ence for a further 12 months and shall complete a further 25 funeral procedures before being eligible to take the examination again.

(2) The costs associated with re -taking the examination shall be the responsibility of the apprentice.

(3) Notwithstanding subsection (1), where upon an application to the board it is shown that the failures were due to illness or death in the family the board may allow the apprentice to take the exam a su b- sequent time without meeting the requirements of subsection (1). 15. The board shall grant an embalmer licence to a person who (

a) submits an application to the board in the form prescribed by the board; (

b) attains a grade of at least 70% in the written qualifying ex- amination; (

c) completes the practical examination to the satisfaction of the examiner; and (

d) pays the fee prescribed by the board. 16.

(1) The board shall grant a funeral director licence to a person who Qualifying exami- nation Failure of examina- tion Embalmer's licence Funeral director's licence

Embalmers and Funeral Directors Regulations 116/09 The Newfoundland and Labrador Gazette December 24, 2009 966 (

a) submits an application to the board in the form prescribed by the board; (

b) attains a grade of at le ast 70% in the written qualifying ex- amination; and (

c) pays the fee prescribed by the board.

(2) A funeral director shall not operate other than from a l i- censed funeral home and may not operate more than one funeral home. 17.

(1) The board shall grant a funeral home licence to a person who (

a) submits an application to the board in the form prescribed by the board; (

b) has the facilities and equipment prescribed by the board; and (

c) pays the fee prescribed by the board.

(2) Whenever a person, firm, partnership, association or corp o- ration carrying on the business of a funeral home in the province ope r- ates a number of separate establishments or branches in different cities or towns, a separate manager who is a licensed funeral d irector shall be employed for each establishment or branch and all funeral services ca r- ried out by that establishment or branch shall be conducted by a l i- censed funeral director. 18.

(1) A permit issued under

section 33 of the Act shall be su bject to those terms and conditions prescribed by the board.

(2) A permit holder shall pay a fee prescribed by the board. 19.

(1) An embalmer or funeral director who (

a) holds a licence under these regulations; (

b) makes application to the registrar before January 2 in each year; (

c) complies with the continuing education requirements pr e- scribed by the board; and Funeral home licence Permits Renewal of licence

Embalmers and Funeral Directors Regulations 116/09 The Newfoundland and Labrador Gazette December 24, 2009 967 (

d) pays the annual fee prescribed by the board may have his or her licence renewed for the ensuing year.

(2) A funeral home or permit holder who (

a) holds a licence or permit under these regulations; (

b) makes application to the registrar before January 2 in each year; and (

c) pays the annual fee prescribed by the board may have a licence or permit renewed for the ensuing year. 20. An embalmer or funeral director who has allowed his or her licence to lapse for a period of 2 years or longer shall demonstrate to the satisfaction of the board that he or she is qualified to do the work of an embalmer or funeral director by being required to attend a refresher course and taking the examinations set by the board. 21.

(1) Within 30 days of receipt of an allegation the respondent shall be notified in writing that an allegation has been received.

(2) A respondent shall have 30 days from the notification of the allegation to respond to the complainant’s allegation.

(3) The chairperson of the complaints authorization committee shall inform the respondent and the complainant within 120 days of receipt of the allegation whether the committee i ntends to conduct an investigation of the allegation under

section 19 of the Act. 22. An adjudication tribunal shall be appointed within 30 days of the receipt of the charges by the disciplinary panel. 23.

(1) An adjudication tribunal shall set a hearing date at the later of (a) 120 days after the decision of the complaints authorization committee that grounds exist to start a disciplinary procee d- ing; or Lapsed licences Filing of an allega- tion Appointment of an adjudication tribu- nal Adjudication tribu- nal hearing date

Embalmers and Funeral Directors Regulations 116/09 The Newfoundland and Labrador Gazette December 24, 2009 968 (b) 90 days after the complaint is r eferred to the disciplinary panel.

(2) With the agreement of the respondent and the board, the chairperson of the adjudication tribunal may extend a period referred to in subsection (1). 24. The written decision and orders of an adjudication tribunal shall be provided to the board and the respondent within 90 days of the com- pletion of the hearing of the complaint by the adjudication tribunal. 25 The Embalmers and Funeral Directors Licensing Regula- tions, Consolidated Newfoundland and Labrador Regulation 1106/96, are repealed. 26. These regulations shall come into force on January 1, 2009. ©Earl G. Tucker, Queen's Printer Decision of the adjudication tribu- nal CNLR 1106/96 Rep. Commencement

The Newfoundland and Labrador Gazette December 24, 2009 969 NEWFOUNDLAND AND LABRADOR REGULATION 117/09 Judgment Interest Regulations (Amendment) under the Judgment Interest Act (O.C. 2009-389) (Filed December 22, 2009) Under the authority of

section 8 of the Judgment Interest Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, December 22, 2009. Gary Norris Clerk of the Executive Council REGULATIONS Analysis 1. S.2 R&S Rates established

Section 2 of the Judgment Interest Regulations is repealed and the following substituted: 2.

(1) The pre -judgment and post -judgment interest rate shall be established annually by taking the average Bank of Canada rate for the period of October and November of each year, rounded to the next higher whole number where the average Bank of Canada rate includes a fraction, minus 1%. CNLR 16/96 Rates established

Judgment Interest Regulations (Amendment) 117/09 The Newfoundland and Labrador Gazette December 24, 2009 970

(2) Notwithstanding subsection (1), the pre -judgment and post - judgment interest rate shall not be less than 2%. ©Earl G. Tucker, Queen's Printer

The Newfoundland and Labrador Gazette December 24, 2009 971 NEWFOUNDLAND AND LABRADOR REGULATION 118/09 Judgment Interest Order, 2010 under the Judgment Interest Act (Filed December 22, 2009) Under the authority of

section 6 of the Judgment Interest Act , I make the following Order. Dated at St. John’s, December 22, 2009. Felix Collins Minister of Justice ORDER Analysis 1.

Short title 2. Interest rate 1. This order may be cited as the Judgment Interest Order, 2010. 2. Effective January 1, 2010, the pre -judgment and post -judgment interest rate shall be 2%. ©Earl G. Tucker, Queen's Printer

Short title Interest rate

The Newfoundland and Labrador Gazette December 24, 2009 973 NEWFOUNDLAND AND LABRADOR REGULATION 119/09 Tobacco Control Regulations under the Tobacco Control Act (O.C. 2009-385) (Filed December 22, 2009) Under the authority of

section 10 of the Tobacco Control Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, December 22, 2009. Gary Norris Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2. Sign listing types of tobacco for sale 3. Commencement 1. These regulations may be cited as the Tobacco Control Regul a- tions. 2.

(1) For the purpose of paragraph 4.5(

a) of the Act a sign that lists the types of tobacco for sale and their prices may be displayed in accordance with subsection (2) in a place or premises in which tobacco is sold or offered for sale if the sign complies with the following r e- quirements:

Short title Sign listing types of tobacco for sale

Tobacco Control Regulations 119/09 The Newfoundland and Labrador Gazette December 24, 2009 974 (

a) the size of the sign shall not exceed 216 m illimetres by 279 millimetres; (

b) the sign shall be white except for its text, which shall be black; (

c) the text on the sign shall not identify or reflect a brand of tobacco or any element of a brand; (

d) the text on the sign shall use only the following words, or an abbreviation or an equivalent in another language, to list the types of tobacco for sale (

i) cigarettes, (ii) cigarillos, (iii) cigars, (iv) smokeless tobacco, and (

v) loose tobacco; (

e) the text on the sign shall include the price range for the types of tobacco for sale; and (

f) the sign shall not include color, graphics, pictures, logos or other illustration.

(2) In a place or premises in which tobacco is sold or offered for sale a sign that meets the requirements of subsection (1) may be di s- played however (

a) no more than 3 signs in total may be displayed in the ve n- dors place or premises and of the three only one sign may be displayed at any till; and (

c) the text of the sign shall not be visible from outside the ve n- dor's place or premises. 3. These regulations shall come into force on January 1, 2010. ©Earl G. Tucker, Queen's Printer Commencement

The Newfoundland and Labrador Gazette December 24, 2009 975 NEWFOUNDLAND AND LABRADOR REGULATION 120/09 Offshore Petroleum Drilling and Production Newfoundland and Labrador Regulations, 2009 under the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act (O.C. 2009-386) (Filed December 22, 2009) Under the authority of

section 145 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Lab- rador Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, December 22, 2009. Gary Norris Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Interpretation

PART I BOARD’S POWERS 3. Spacing 4. Names and designations 5. Other powers of the board

PART II MANAGEMENT SYSTEM, APPLICATION FOR AUTHORIZATION AND WELL APPROVALS 6. Management system 7. Application for authorization 8. Other requirements- produc- tion installation

Offshore Petroleum Drilling and Production Newfoundland and Labrador Regulations, 2009 120/09 The Newfoundland and Labrador Gazette December 24, 2009 976 9. Safety plan 10. Environmental plan 11. Well approval 12. Well approval -drilling 13. Application 14. Well approval 15. Suspension and revocation of approval 16. Development plans 17. Resource management plan

PART III OPERATOR’S DUTIES 18. Availability of documents 19. Management system 20. Safety and environmental protection 21. Appropriate use of equip- ment 22. Smoking prohibited 23. Storing and handling of consumables 24. Handling of chemical sub- stances, waste material and oil 25. Cessation of a work or activ- ity

PART IV EQUIPMENT AND OPERATIONS 26. Duties of operator 27. Duties of operator 28. Defect to be remedied 29. Drilling fluid system 30. Marine riser 31. Drilling practices 32. Reference for well depths 33. Directional and deviation surveys 34. Formation of leak-off tests 35. Formation flow and well testing equipment 36. Well control 37. Well control equipment 38. Equipment to be tested 39. Loss of well control 40. Casing and cementing 41. Depth of installation 42. Cement slurry requirements 43. Waiting on cement time 44. Casing pressure testing 45. Production tubing 46.

Monitoring and control of process operations 47. Well completion 48. Subsurface safety valve 49. Wellhead and Christmas tree equipment

PART V EVALUATION OF WELLS, POOLS AND FIELDS 50. Implementation-acquisition programs 51. Where programs cannot be implemented 52. Testing and sampling of formations 53. Formation flow testing 54. Submission of samples and data 55. Samples removed from core 56. Notification required

PART VI WELL TERMINATION 57. Suspension or abandonment 58. Monitoring and inspection 59. Seafloor to be cleared 60. Installation removal

PART VII MEASUREMENTS 61. Flow and volume 62. Allocation 63. Testing, maintenance and notification 64. Transfer meters 65. Proration of testing fre- quency

PART VIII PRODUCTION CONSERVATION 66. Resource management 67. Commingled production 68. Gas flaring and venting 69. Oil burning

PART IX SUPPORT OPERATIONS 70. Support craft 71. Support craft- manned in- stallations

Offshore Petroleum Drilling and Production Newfoundland and Labrador Regulations, 2009 120/09 The Newfoundland and Labrador Gazette December 24, 2009 977 72. Safety zone

PART X TRAINING AND COMPETENCY 73. Training and competency of personnel 74. Impairment and fatigue

PART XI SUBMISSIONS, NOTIFICATIONS, RECORDS AND REPORTS 75. Reference to names and designations 76. Surveys 77. Incidents and near-misses 78. Submission of data and analysis 79. Records 80. Meteorological observations 81. Daily production record 82. Management of records 83. Formation of flow test re- ports 84. Pilot scheme 85. Daily reports 86. Monthly production report 87. Annual production report 88. Environmental reports 89. Annual safety report 90. Well history report 91. Well operations report 92. Other reports

PART XII TRANSITIONAL, REPEALS AND COMING INTO FORCE 93. Transitional 94. Repeal 95. Commencement 1. These regulations may be cited as the Offshore Petroleum Drill- ing and Production Newfoundland and Labrador Regulations, 2009. 2.

(1) In these regulations (a) "abandoned", in relation to a well, means a well or part of a well that has been permanently plugged; (b) "Act" means the Canada-Newfoundland and Labrador At- lantic Accord Implementation Newfoundland and Labrador Act; (c) "artificial island" means a humanly constructed island to provide a site for the exploration and drilling, or the produc- tion, storage, transportation, distribution, measurement, processing or handling, of petroleum; (d) "authorization" means an au thorization issued by the board under paragraph 134(1)(

b) of the Act; (e) "barrier" means any fluid, plug or seal that prevents petro- leum or any other fluid from flowing unintentionally from a well or from a formation into another formation;

Short title

Interpretation

Offshore Petroleum Drilling and Production Newfoundland and Labrador Regulations, 2009 120/09 The Newfoundland and Labrador Gazette December 24, 2009 978 (f) "casing liner" means a casing that is suspended from a string of casing previously installed in a well and does not extend to the wellhead; (g) "commingled production" means production of petroleum from more than one pool or zone through a common well- bore or flow line without separate measurement of the pro- duction from each pool or zone; (h) "completed", in relation to a well, means a well that is pre- pared for production or injection operations; (i) "completion interval" means a

section within a well that is prepared to permit the (

i) production of fluids from the well, (ii) observation of the performance of a reservoir, or (iii) injection of fluids into the well; (j) "conductor casing" means th e casing that is installed in a well to facilitate drilling of the hole for the surface casing; (k) "drilling program" means the program for the drilling of one or more wells within a specified area and time using one or more drilling installations and includes any work or activity related to the program; (l) "environmental protection plan" means the environmental protection plan submitted to the board under

section 7; (m) "flow allocation procedur e" means the procedure to (

i) allocate total measured quantities of petroleum and wa- ter produced from or injected into a pool or zone back to individual wells in a pool or zone where individual well production or injection is not measured separately, and (ii) allocate production to fi elds that are using a common storage or processing facility;

Offshore Petroleum Drilling and Production Newfoundland and Labrador Regulations, 2009 120/09 The Newfoundland and Labrador Gazette December 24, 2009 979 (n) "flow calculation procedure" means the procedure to be used to convert raw meter output to a measured quantity of petro- leum or water; (o) "flow system" means the flow meters, auxiliary equipment attached to the flow meters, fluid sampling devices, produc- tion test equipment, the master meter and meter prover used to measure and record the rate and volumes at which fluids are (

i) produced from or injected into a pool, (ii) used as a fuel, (iii) used for ar tificial lift, or (iv) flared or transferred from a production installation; (p) "fluid" means gas, liquid or a combination of them; (q) "formation flow test" means an operation (

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

i) any event that causes (

A) a lost or restricted workday injury, (

B) death, (

C) fire or explosion, (

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

E) an imminent threat to the safety of a person, instal- lation or support craft, or

Offshore Petroleum Drilling and Production Newfoundland and Labrador Regulations, 2009 120/09 The Newfoundland and Labrador Gazette December 24, 2009 980 (

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

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

B) the impairment of any structure, facility, equipment or system critical to environmental protection; (s) "lost or restricted workday injury" means an injury that pre- vents an employee from reporting for work or from effec- tively performing all the duties connected with the em- ployee’s regular work on any day subsequent to the day on which the injury occurred whether or not that subsequent day is a working day for that employee; (t) "minor injury" means an employment injury for which medical treatment or first aid is provided and excludes a lost or restricted workday injury; (u) "multi-pool well" means a well that is completed in more than one pool; (v) "natural environment" mean s the physical and biological environment; (w) "near-miss" means an event that would likely cause an event set out in subparagraph (r)(i), but does not due to particular circumstances; (x) "operator" means a person that holds an operating licence under paragraph 134(1)(

a) of the Act and an authorization; (y) "physical environmental conditions" means the meteorologi- cal, oceanographic and related physical conditions, including ice conditions, that might affect a work or activity that is subject to an authorization;

Offshore Petroleum Drilling and Production Newfoundland and Labrador Regulations, 2009 120/09 The Newfoundland and Labrador Gazette December 24, 2009 981 (z) "pollution" means the introduction into the natural environ- ment of any substance or form of energy outside the limits applicable to the activity that is subject to an authorization, including spills; (aa) "production control system " means the system provided to control the operation of, and monitor the status of, equip- ment for the production of petroleum, and includes the in- stallation and workover control system; (bb) "production project" means an undertaking for the purpose of developing a production site on, or producing petroleum from, a pool or field, and includes any work or activity re- lated to the undertaking; (cc) "proration test" means, with respect to a development well to which a development plan applies, a test conducted to meas- ure the rates at which fluids are produced from the well for allocation purposes; (dd) "recovery" means the recovery of petroleum under reasona- bly foreseeable economic and operational conditions; (ee) "relief well" means a well drilled to assist in controlling a blow-out in an existing well; (ff) "rig release date" means the date on which a rig last con- ducted well operations; (gg) "safety plan" means the safety plan submitted to the board under

section 7; (hh) "seafloor" means the surface of all that portion of land under the sea; (ii) "slick line" means a single st eel cable used to run tools in a well; (jj) "support craft" means a ve ssel, vehicle, aircraft, standby vessel or other craft used to provide transportation for or as- sistance to persons on the site where a work or activity is conducted;

Offshore Petroleum Drilling and Production Newfoundland and Labrador Regulations, 2009 120/09 The Newfoundland and Labrador Gazette December 24, 2009 982 (kk) "surface casing" means the cas ing that is installed in a well to a sufficient depth, in a competent formation, to establish well control for the continuation of the drilling operations; (ll) "suspended", in relation to a well or part of a well, means a well or part of a well in which drilling or production opera- tions have temporarily ceased; (mm) "termination" means the abandonment, completion or sus- pension of a well’s operations; (nn) "waste material" means any garbage, refuse, sewage or waste well fluids or any other useless material that is gener- ated during drilling, well or production operations, including used or surplus drilling fluid and drill cuttings and produced water; (oo) "well approval" means the approval granted by the board under

section 14; (pp) "well-bore" means the hole drilled by a bit in order to make a well; (qq) "well control" means the control of the movement of fluids into or from a well; (rr) "well operation" means the operation of drilling, completion, recompletion, intervention, re-entry, workover, suspension or abandonment of a well; (ss) "wire line" means a line that contains a conductor wire and that is used to run survey instruments or other tools in a well; (tt) "workover" means an oper ation on a completed well that requires removal of the Christmas tree or the tubing; and (uu) "zone" means any stratum or any sequence of strata and in- cludes, for the purposes of the definition "commingled pro- duction",

section 8, subsection 62(2), sections 65 to 67 and 75, subsection 84(2) and

section 87, a zone that has been designated as such by the board under

section 5.

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(2) In these regulations, "delineation well", "development well" and "exploratory well" have the same meaning as in subsection 115(1) of the Act.

(3) In these regulations, "drilling installation", "drilling rig", "drilling unit", "drill site", "installation", "production installation", "production operation", "production site" and "subsea production sys- tem" have the same meaning as in subsection 2(1) of the Offshore Pe- troleum Installations Newfoundland and Labrador Regulations.

(4) The following

definitions apply for the purpose of paragraph 134(4)(

c) of the Act: (a) "production facility" means equipment for the production of petroleum located at a production site, including separation, treating and processing facil ities, equipment and facilities used in support of production operations, landing areas, heliports, storage areas or tanks and dependent personnel ac- commodations, but not includin g any associated platform, artificial island, subsea production system, drilling equip- ment or diving system; and (b) "production platform" means a production facility and any associated platform, artificial island, subsea production sys- tem, offshore loading system, drilling equipment, facilities related to marine activities and dependent diving system.

(5) For the purpose of

section 189.2 of the Act, any installation is prescribed as an installation.

PART I BOARD’S POWERS 3. The board is authorized to make orders respecting the allocation of areas, including the determination of the size of spacing units and the well production rates for the purpose of drilling for or producing petro- leum and to exercise any powers an d perform any duties that may be necessary for the management and control of petroleum production. 4. The board may give a name, classification or status to any well and may change that name, classification or status. 5. The board may also Spacing Names and designa- tions Other powers of the board

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

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

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

PART II MANAGEMENT SYSTEM, APPLICATION FOR AUTHORIZATION AND WELL APPROVALS 6.

(1) The applicant for an authorization shall develop an effective management system that integrates operations and technical systems with the management of financial and human resources to ensure com- pliance with the Act and these regulations.

(2) The management system shall include (

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

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

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

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

e) the processes for ensuring and maintaining the integrity of all facilities, structures, in stallations, support craft and equipment necessary to ensure safety, environmental protec- tion and waste prevention; (

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

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

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

i) the processes for conducting periodic reviews or audits of the system and for taking corrective actions where reviews or audits identify areas of n on-conformance with the system and opportunities for improvement; (

j) the arrangements for coordinating the management and op- erations of the proposed work or activity among the owner of the installation, the contractors, the operator and others, as applicable; and (

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

(3) The management system documentation shall be controlled and set out in a logical and systemat ic fashion to allow for ease of un- derstanding and efficient implementation.

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

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

b) an execution plan and sche dule for undertaking those activi- ties; (

c) a safety plan that meets the requirements of

section 9; (

d) an environmental protecti on plan that meets the require- ments of

section 10; (

e) information on any proposed flaring or venting of gas, in- cluding the rationale and the estimated rate, quantity and pe- riod of the flaring or venting; Application for authorization

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

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

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

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

j) contingency plans, including emergency response proce- dures, to mitigate the effects of any reasonably foreseeable event that might compromise safety or environmental pro- tection, which shall (

i) provide for coordination measures with any relevant municipal, provincial, territorial or federal emergency response plan, and (ii) in an area wh ere oil is reasonably expected to be en- countered, identify the scope and frequency of the field practice exercise of oil spill countermeasures; and (

k) a description of the decommissioning and abandonment of the site, including methods for restoration of the site after its abandonment. 8.

(1) Where the application for authorization covers a production installation, the applicant shall also submit to the board for its approval the flow system, the flow calculati on procedure and the flow allocation procedure that will be used to conduct the measurements referred to in

Part VII.

(2) The board shall approve the flow system, the flow calcula- tion procedure and the flow alloca tion procedure where the applicant demonstrates that the system and procedures facilitate reasonably accu- Other requirements- production installa- tion

Offshore Petroleum Drilling and Production Newfoundland and Labrador Regulations, 2009 120/09 The Newfoundland and Labrador Gazette December 24, 2009 987 rate measurements and allocate, on a pool or zone basis, the production from and injection into individual wells. 9. The safety plan shall set out the procedures, practices, resources, sequence of key safety-related activities and monitoring measures nec- essary to ensure the safety of the proposed work or activity and shall include (

a) a

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

b) a

summary of the studies u ndertaken to identify hazards and to evaluate safety risks related to the proposed work or activ- ity; (

c) a description of the hazards that were identified and the re- sults of the risk evaluation; (

d) a

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

e) a list of all structures, facilities, equipment and systems criti- cal to safety and a

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

f) a description of the organizational structure for the proposed work or activity and the command structure on the installa- tion, which clearly explains (

i) their relationship to each other, and (ii) the contact information and position of the person ac- countable for the safety plan and of the person responsi- ble for implementing it; (

g) where the possibility of pack sea ice or drifting icebergs ex- ists at the drill or production site, the measures to address the protection of the installation, including systems for ice de- tection, surveillance, data co llection, reporting, forecasting and, where appropriate, ice avoidance or deflection; and Safety plan

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

a) a

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

b) a

summary of the studies undertaken to identify environ- mental hazards and to evaluate environmental risks relating to the proposed work or activity; (

c) a description of the hazards that were identified and the re- sults of the risk evaluation; (

d) a

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

e) a list of all structures, facilities, equipment and systems criti- cal to environmental protection and a

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

f) a description of the organizational structure for the proposed work or activity and the command structure on the installa- tion, which clearly explains (

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

g) the procedures for the selection, evaluation and use of chemical substances including process chemicals and drill- ing fluid ingredients; Environmental plan

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

i) a description of all discharge streams and limits for any dis- charge into the natural environment including any waste ma- terial; (

j) a description of the system for monitoring compliance with the discharge limits identified in paragraph (i), including the sampling and analytical program to determine if those dis- charges are within the specified limits; and (

k) a description of the arrangements for monitoring compliance with the plan and for measurin g performance in relation to its objectives. 11.

(1) An operator who intends to drill, re-enter, work over, com- plete or recomplete a well or suspen d or abandon a well or part of a well shall obtain a well approval.

(2) Notwithstanding subsection (1), a well approval is not nec- essary to conduct a wire line, slick line or coiled tubing operation through a Christmas tree located above sea level where (

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

b) the equipment, operating procedures and qualified persons exist to conduct the wire line, slick line or coiled tubing op- erations as set out in the authorization. 12. Where the well approval sought is to drill a well, the application shall contain (

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

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

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

b) where the well approval sought is to complete a well, in ad- dition to the information required under paragraph (a), in- formation that demonstrates that

section 47 will be complied with; and (

c) where the well approval sought is to suspend a well or part of it, in addition to the information required under paragraph (a), an indication of the period within which the suspended well or part of it will be abandoned or completed. 14. The board shall grant the well approval where an operator dem- onstrates that the work or activity will be conducted safely, without waste and without pollution, in compliance with these regulations. 15.

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

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

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

i) the level of performance of the installation or service equipment, any ancillary equipment or any support craft is demonstrably less than the level of performance indi- cated in the application, or (ii) the physical environmental conditions encountered in the area of the activity for which the well approval was granted are more severe than the equipment’s operating limits as specified by the manufacturer; or (

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

(2) The board may revoke the we ll approval where an operator fails to remedy the situation causing the suspension within 120 days after the date of that suspension. Well approval Suspension and revocation of ap- proval

Offshore Petroleum Drilling and Production Newfoundland and Labrador Regulations, 2009 120/09 The Newfoundland and Labrador Gazette December 24, 2009 991 16. For the purpose of subsection 135(1) of the Act, the well ap- proval relating to a production project is prescribed. 17. For the purpose of paragraph 135(3)(

b) of the Act,

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

PART III OPERATOR’S DUTIES 18.

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

(2) An operator shall ensure that a copy of all operating manuals and other procedures and documents necessary to execute the work or activity and to operate the installation safely without pollution are read- ily accessible at each installation. 19. An operator shall ensure comp liance with the management sys- tem referred to in

section 6. 20. An operator shall take all r easonable precautions to ensure safety and environmental protection, including ensuring that (

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

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

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

d) differences in language or other barriers to effective com- munication do not jeopardize safety or environmental pro- tection; Development plans Resource manage- ment plan Availability of documents Management sys- tem Safety and envi- ronmental protec- tion

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e) all persons at an installation, or in transit to or from an in- stallation, receive instruction in and are familiar with safety and evacuation procedures and with their roles and responsi- bilities in the contingency plans, including emergency re- sponse procedures; (

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

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

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

i) all equipment required for safety and environmental protec- tion is available and in an operable condition; (

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

k) the administrative and logistical support that is provided for drilling, well or production op erations includes accommoda- tion, transportation, first aid and storage, repair facilities and communication systems suitable for the area of operations; (

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

m) any operational procedure that is a hazard to safety or the environment is corrected and all affected persons are in- formed of the alteration. 21.

(1) A person shall not tamper with, activate without cause, or misuse any safety or environmental protection equipment.

(2) A passenger on a helicopter, supply vessel or any other sup- port craft engaged in a drilling program or production project shall comply with all applicable safety instructions. Appropriate use of equipment

Offshore Petroleum Drilling and Production Newfoundland and Labrador Regulations, 2009 120/09 The Newfoundland and Labrador Gazette December 24, 2009 993 22.

(1) A person shall not smoke on an installation except in those areas set aside by the operator for that use.

(2) An operator shall ensure compliance with subsection (1). 23. An operator shall ensure that fuel, potable water, spill contain- ment products, safety-related chemicals, drilling fluids, cement and other consumables are (

a) readily available and stored on an installation in quantities sufficient for any normal and reasonably foreseeable emer- gency condition; and (

b) stored and handled in a manner that minimizes their deterio- ration, ensures safety and prevents pollution. 24. An operator shall ensure that all chemical substances, including process fluids and diesel fuel, waste material, drilling fluid and drill cuttings generated at an installation, are handled in a way that does not create a hazard to safety or the environment. 25.

(1) An operator shall ensure th at any work or activity ceases without delay where that work or activity (

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

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

c) causes or is likely to cause pollution.

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

PART IV EQUIPMENT AND OPERATIONS 26. An operator shall ensure that (

a) all wells, installations, equipment and facilities are designed, constructed, tested, maintained and operated to prevent inci- dents and waste under the maximum load conditions that may be reasonably anticipated during any operation; Smoking prohibited Storing and han- dling of consum- ables Handling of chemi- cal substances, waste material and oil Cessation of a work or activity Duties of operator

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

c) records of maintenance, tests and inspections are kept. 27. An operator shall ensure that (

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

b) any part of an installation that may be exposed to a sour en- vironment is designed, constructed and maintained to oper- ate safely in that environment. 28.

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

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

a) the drilling fluid system and associated monitoring equip- ment is designed, installed, operated and maintained to pro- vide an effective barrier against formation pressure, to allow for proper well evaluation, to ensure safe drilling operations and to prevent pollution; and (

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

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

a) furnishing access to the well; Duties of operator Defect to be reme- died Drilling fluid sys- tem Marine riser

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

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

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

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

(2) An operator shall ensure that every marine riser is supported in a manner that effectively compen sates for the forces caused by the motion of the installation. 31. An operator shall ensure that adequate equipment, procedures and personnel are in place to recogn ize and control normal and abnor- mal pressures, to allow for safe, controlled drilling operations and to prevent pollution. 32. An operator shall ensure that any depth in a well is measured from a single reference point, which is either the kelly bushing or the rotary table of the drilling rig. 33. An operator shall ensure that (

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

b) except in the case of a relief well, a well is drilled in a man- ner that does not intersect an existing well. 34. An operator shall ensure that (

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

b) the formation leak-off test or the formation integrity test is conducted to a pressure that allows for safe drilling to the next planned casing depth; and Drilling practices Reference for well depths Directional and deviation surveys Formation of leak- off tests

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

a) and in the well history report referred to in

section 90. 35.

(1) An operator shall ensure that (

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

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

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

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

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

a) a valve that may be operated from the surface and automati- cally closes when required to prevent uncontrolled well flow; and (

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

(1) An operator shall ensure that, during all well operations, reliably operating well control equipment is installed to control kicks, prevent blow-outs and safely carry out all well activities and opera- tions, including drilling, completion and workover operations. Formation flow and well testing equip- ment Well control Well control equipment

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

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

(4) An operator shall ensure that, during drilling, except when drilling under-balanced, one of the 2 barriers to be maintained is the drilling fluid column. 38. An operator shall ensure that pressure control equipment associ- ated with drilling, coil tubing, slick line and wire line operations is pressure-tested on installation and as often as necessary to ensure its continued safe operation. 39.

Where the well control is lost or where safety, environmental protection or resource conservation is at risk, the operator shall ensure that any action necessary to rectify the situation is taken without delay, despite any condition to the contrary in the well approval. 40. An operator shall ensure that the well and casing are designed so that (

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

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

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

a) the movement of formation fluids in the casing annuli is prevented and, where required for safety, resource evalua- Equipment to be tested Loss of well control Casing and cement- ing Depth of installation Cement slurry requirements

Offshore Petroleum Drilling and Production Newfoundland and Labrador Regulations, 2009 120/09 The Newfoundland and Labrador Gazette December 24, 2009 998 tion or prevention of waste, the isolation of the petroleum and water zones is ensured; (

b) support for the casing is provided; (

c) corrosion of the casing over the cemented interval is re- tarded; and (

d) the integrity of gas hydrate zones is protected. 43. After the cementing of any casing or casing liner and before drilling out the casing shoe, the operator shall ensure that the cement has reached the minimum compressive strength sufficient to support the casing and provide zonal isolation. 44. After installing and cementing the casing and before drilling out the casing shoe, the operator shall en sure that the casing is pressure- tested to the value required to confirm its integrity for maximum antici- pated operating pressure. 45.

An operator shall ensure that the production tubing used in a well is designed to withstand the maximum conditions, forces and stresses that may be placed on it an d to maximize recovery from the pool. 46. An operator shall ensure that (

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

b) all alarm, safety, monitoring, warning and control systems associated with those operati ons are managed to prevent in- cidents and waste; and (

c) all appropriate persons are in formed of the applicable alarm, safety, monitoring, warning or control systems associated with those operations that are taken out of service, and when those systems are returned to service. 47.

(1) An operator that completes a well shall ensure that Waiting on cement time Casing pressure testing Production tubing Monitoring and control of process operations Well completion

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

b) except in the case of co mmingled production, each comple- tion interval is isolated from any other porous or permeable interval penetrated by the well; (

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

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

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

f) where practical, any mech anical well condition that may have an adverse effect on production of petroleum from, or the injection of fluids into, the well is corrected; (

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

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

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

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

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

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

Offshore Petroleum Drilling and Production Newfoundland and Labrador Regulations, 2009 120/09 The Newfoundland and Labrador Gazette December 24, 2009 1000 (

b) where there is reason to doubt that segregation is being maintained, a segregation test is conducted within a reason- able time frame. 48. An operator of a development well capable of flow shall ensure that the well is equipped with a fail-sa fe subsurface safety valve that is designed, installed, operated and tested to prevent uncontrolled well flow when it is activated. 49. An operator shall ensure that the wellhead and Christmas tree equipment, including valves, are designed to operate safely and effi- ciently under the maximum load cond itions anticipated during the life of the well.

PART V EVALUATION OF WELLS, POOLS AND FIELDS 50. An operator shall ensure that the well data acquisition program and the field data acquisition prog ram are implemented in accordance with good oilfield practices. 51.

(1) Where part of the well or field data acquisition program can- not be implemented, the operator shall ensure that (

a) a conservation officer is notified as soon as the circum- stances permit; and (

b) the procedures to otherwise achieve the goals of the pro- gram are submitted to the board for approval.

(2) Where the operator can dem onstrate that those procedures can achieve the goals of the well or field data acquisition program or are all that can be reasonably exp ected in the circumstances, the board shall approve them. 52. An operator shall ensure that every formation in a well is tested and sampled to obtain reservoir pressure data and fluid samples from the formation, where there is an indication that the data or samples would contribute substantially to the geological and reservoir evalua- tion. 53.

(1) An operator shall ensure that Subsurface safety valve Wellhead and Christmas tree equipment Implementation- acquisition pro- grams Where programs cannot be imple- mented Testing and sam- pling of formations Formation flow testing

Offshore Petroleum Drilling and Production Newfoundland and Labrador Regulations, 2009 120/09 The Newfoundland and Labrador Gazette December 24, 2009 1001 (

a) a development well is not put into production unless the board has approved a formation flow test with respect to the development well; and (

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

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

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

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

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

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

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

b) establish the characteristics of the reservoir; and (

c) obtain representative samples of the formation fluids. 54. An operator shall ensure that all cutting samples, fluid samples and cores collected as part of th e well and field data acquisition pro- grams are (

a) transported and stored in a manner that prevents any loss or deterioration; Submission of samples and data

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b) delivered to the board within 60 days after the rig release date unless analyses are ongo ing, in which case those sam- ples and cores, or the remaining parts, are to be delivered on completion of the analyses; and (

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

PART VI WELL TERMINATION 57. An operator shall ensure that every well that is suspended or abandoned can be readily located and left in a condition that (

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

b) prevents any formation fluid from flowing through or escap- ing from the well-bore. 58. An operator of a suspended well shall ensure that the well is monitored and inspected to maintain its continued integrity and to pre- vent pollution. 59. An operator shall ensure that, on the abandonment of a well, the seafloor is cleared of any material or equipment that might interfere with other commercial uses of the sea. 60. An operator shall not remove or cause to have removed a drill- ing installation from a well drilled under these regulations unless the well has been terminated in accordance with these regulations.

Samples removed from core Notification re- quired Suspension or abandonment Monitoring and inspection Seafloor to be cleared Installation removal

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PART VII MEASUREMENTS 61.

(1) Unless otherwise included in the approval issued under sub-

section 8(2), the operator shall ensure that the rate of flow and the vol- ume of the following are measured and recorded: (

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

b) the fluid that is injected into each well; (

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

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

(2) An operator shall ensure that any measurements are con- ducted in accordance with the flow system, flow calculation procedure and flow allocation procedure, approved under subsection 8(2). 62.

(1) An operator shall ensure that group production of petroleum from wells and injection of a fluid into wells is allocated on a pro rata basis, in accordance with the flow system, flow calculation procedure and flow allocation procedure approved under subsection 8(2).

(2) Where a well is completed over multiple pools or zones, the operator shall ensure that production or injection volumes for the well are allocated on a pro rata basis to the pools or zones in accordance with the flow allocation procedure approved under subsection 8(2). 63. An operator shall ensure (

a) that meters and associated equipment are calibrated and maintained to ensure their continued accuracy; (

b) that equipment used to calibrate the flow system is calibrated in accordance with good measurement practices; Flow and volume Allocation Testing, mainte- nance and notifica- tion

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c) that any component of the flow system that may have an impact on the accuracy or integr ity of the flow system and that is not functioning in accordance with the manufacturer’s specifications is repaired or replaced without delay, or, where it is not possible to do so without delay, corrective measures are taken to minimi ze the impact on the accuracy and integrity of the flow system while the repair or replace- ment is proceeding; and (

d) that a conservation officer is notified, as soon as the circum- stances permit, of any malfunction or failure of any flow system component that may have an impact on the accuracy of the flow system and of the corrective measures taken. 64. An operator shall ensure that (

a) a conservation officer is notified at least 14 days before the day on which any transfer meter prover or master meter used in conjunction with a transfer meter is calibrated; and (

b) a copy of the calibration certificate is submitted to the Chief Conservation Officer as soon as the circumstances permit, following completion of the calibration. 65. An operator of a development well that is producing petroleum shall ensure that sufficient proratio n tests are performed to permit rea- sonably accurate determination of th e allocation of oil, gas and water production on a pool and zone basis.

PART VIII PRODUCTION CONSERVATION 66. An operator shall ensure that (

a) maximum recovery from a pool or zone is achieved in ac- cordance with good oilfield practices; (

b) wells are located and opera ted to provide for maximum re- covery from a pool; and (

c) where there is reason to be lieve that infill drilling or imple- mentation of an enhanced recovery scheme might result in Transfer meters Proration of testing frequency Resource manage- ment

Offshore Petroleum Drilling and Production Newfoundland and Labrador Regulations, 2009 120/09 The Newfoundland and Labrador Gazette December 24, 2009 1005 increased recovery from a pool or field, studies on these methods are carried out and submitted to the board. 67.

(1) An operator shall not engage in commingled production ex- cept in accordance with the approval granted under subsection (2).

(2) The board shall approve the commingled pr oduction where the operator demonstrates that it would not reduce the recovery from the pools or zones.

(3) An operator engaging in commingled production shall en- sure that the total volume and the ra te of production of each fluid pro- duced is measured and the volume fro m each pool or zone is allocated in accordance with the requirements of

Part VII. 68. An operator shall not flare or vent gas unless (

a) it is otherwise permitted in the approval issued under subsec- tion 53(4) or in the authorization; or (

b) it is necessary to do so b ecause of an emergency situation and the board is notified in the daily drilling report, daily production report or in any other written or electronic form, as soon as the circumstances permit, of the flaring or venting and of the amount flared or vented. 69. An operator shall not burn oil unless (

a) it is otherwise permitted in the approval issued under subsec- tion 53(4) or in the authorization; or (

b) it is necessary to do so b ecause of an emergency situation and the board is notified in the daily drilling report, daily production report or in any other written or electronic form, as soon as the circumstances permit, of the burning and the amount burned.

PART IX SUPPORT OPERATIONS 70. An operator shall ensure that all support craft are designed, con- structed and maintained to supply the necessary support functions and Commingled pro- duction Gas flaring and venting Oil burning Support craft

Offshore Petroleum Drilling and Production Newfoundland and Labrador Regulations, 2009 120/09 The Newfoundland and Labrador Gazette December 24, 2009 1006 operate safely in the foreseeable physical environmental conditions prevailing in the area in which they operate. 71.

(1) An operator of a manned installation shall ensure that at least one support craft is (

a) available at a distance that is not greater than that required for a return time of 20 minutes; and (

b) suitably equipped to supp ly the necessary emergency ser- vices including rescue and first aid treatment for all person- nel on the installation in the event of an emergency.

(2) Where the support craft exceed s the distance referred to in paragraph (1)(a), both the installation manager and the person in charge of the support craft shall log this f act and the reason why the distance or time was exceeded.

(3) Under the direction of the installation manager, the support craft crew shall keep th e craft in close proximity to the installation, maintain open communication channels with the installation and be prepared to conduct rescue operations during any activity or condition that presents an increased level of ri sk to the safety of personnel or the installation. 72.

(1) For the purposes of this section, the safety zone around an installation consists of the area with in a line enclosing and drawn at a distance of 500 metres from the outer edge of the installation.

(2) A support craft shall not enter the safety zone without the consent of the installation manager.

(3) An operator shall take all r easonable measures to warn per- sons who are in charge of vessels and aircraft of the safety zone boundaries, of the facilities within the safety zone and of any related potential hazards.

PART X TRAINING AND COMPETENCY 73. An operator shall ensure that Support craft- manned installa- tions Safety zone Training and com- petency of person- nel

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a) all personnel have, before assuming their duties, the neces- sary experience, training and qualifications and are able to conduct their duties safely, competently and in compliance with these regulations; and (

b) records of the experience, training and qualifications of all personnel are kept and made available to the board upon re- quest. 74.

(1) An operator shall ensure that a person does not work when his or her ability to function is impaired and that a person is not re- quired to work (

a) any shift in excess of 12.5 continuous hours; or (b) 2 successive shifts of any duration unless that person has had at least 8 hours’ rest between the shifts.

(2) Notwithstanding subsection (1), an operator may allow a person to work in excess of the hours or without the rest period referred to in that subsection where the operator has assessed the risk associated with the person working the extra hours and determined that the work can be carried out without increased risk to safety or to the environ- ment.

(3) Where an operator allows a person to work in excess of the hours or without the rest period referred to in subsection (1), the opera- tor shall ensure that a description of the work, the names of the persons performing the work, the hours worked and the risk assessment referred to in subsection (2) are recorded.

PART XI SUBMISSIONS, NOTIFICATIONS, RECORDS AND REPORTS 75. When submitting any information for the purposes of these regulations, an operator shall refer to each well, pool and field by the name given to it under sections 4 and 5, or if a zone, by its designation by the board under

section 5. 76.

(1) An operator shall ensure that a survey is used to confirm the location of the well on the seafloor. Impairment and fatigue Reference to names and designations Surveys

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(2) The survey shall be certified by a person licensed under the Canada Lands Surveyors Act.

(3) An operator shall ensure that a copy of the survey plan filed with the Canada Lands Surveys Records is submitted to the board. 77.

(1) An operator shall ensure that (

a) the board is notified of any incident or near-miss as soon as the circumstances permit; and (

b) the board is notified at leas t 24 hours in advance of any press release or press conference held by the operator concerning any incident or near-miss during any activity to which these regulations apply, except in an emergency situation, in which case it shall be notified without delay before the press release or press conference.

(2) An operator shall ensure that (

a) any incident or near-miss is investigated, its root cause and causal factors identified and corrective action taken; and (

b) for any of the following incidents or near-misses, a copy of an investigation report identifying the root cause, causal fac- tors and corrective action taken is submitted to the board no later than 21 days after the day on which the incident or near-miss occurred: (

i) a lost or restricted workday injury, (ii) death, (iii) fire or explosion, (iv) a loss of containment of any fluid from a well, (

v) an imminent threat to the safety of a person, installation or support craft, or (vi) a significant pollution event. Incidents and near- misses

Offshore Petroleum Drilling and Production Newfoundland and Labrador Regulations, 2009 120/09 The Newfoundland and Labrador Gazette December 24, 2009 1009 78.

(1) An operator shall ensure that a final copy of the results, data, analyses and schematics obtained from the following sources is submit- ted to the board: (

a) testing, sampling and pressure surveys carried out as part of the well and field data acquisition programs referred to in

section 50 and testing and sampling of formations referred to in

section 52; and (

b) any segregation test or well operation.

(2) Unless otherwise indicated in these regulations, An operator shall ensure that the results, data, analyses and schematics are submit- ted within 60 days after the day on which any activity referred to in paragraphs (1)(

a) and (

b) is completed. 79. An operator shall ensure that records are kept of (

a) all persons arriving, leaving or present on the installation; (

b) the location and movement of support craft, the emergency drills and exercises, incidents, near-misses, the quantities of consumable substances that are required to ensure the safety of operations and other observations and information critical to the safety of persons on the installation or the protection of the environment; (

c) daily maintenance and operating activities, including any activity that may be critical to the safety of persons on the installation, the protection of the environment or the preven- tion of waste; (

d) in the case of a production installation, (

i) the inspection of the installation and related equipment for corrosion and erosion and any resulting maintenance carried out, (ii) the pressure, temperature and flow rate data for com- pressors and treating and processing facilities, (iii) the calibration of meters and instruments, Submission of data and analysis Records

Offshore Petroleum Drilling and Production Newfoundland and Labrador Regulations, 2009 120/09 The Newfoundland and Labrador Gazette December 24, 2009 1010 (iv) the testing of surface and subsurface safety valves, (

v) the status of each well and the status of well operations, and (vi) the status of the equipmen t and systems critical to safety and protection of the environment including any unsuc- cessful test result or equipment failure leading to an im- pairment of the systems; and (

e) in the case of a floating installation, all installation move- ments, data, observations, measurements and calculations re- lated to the stability and station-keeping capability of the in- stallation. 80. An operator of an installation shall ensure (

a) that the installation is equipped with facilities and equipment for observing, measuring and recording physical environ- mental conditions and that a comprehensive record of obser- vations of physical environmental conditions is maintained onboard the installation; and (

b) that forecasts of meteorologi cal conditions, sea states and ice movements are obtained and re corded each day and each time during the day that they change substantially from those forecasted. 81. An operator shall ensure that a daily production record, which includes the metering records and other information relating to the pro- duction of petroleum and other fluids with respect to a pool or well, is retained and readily accessible to th e board until the field or well in which the pool is located is abandoned and at that time shall offer the record to the board before destroying it. 82. An operator shall ensure that (

a) all processes are in place and implemented to identify, gen- erate, control and retain records necessary to support opera- tional and regulatory requirements; and (

b) the records are readily accessible for inspection by the board. Meteorological observations Daily production record Management of records

Offshore Petroleum Drilling and Production Newfoundland and Labrador Regulations, 2009 120/09 The Newfoundland and Labrador Gazette December 24, 2009 1011 83. An operator shall ensure that (

a) with respect to exploration and delineation wells, a daily record of formation flow test results is submitted to the board; and (

b) with respect to all wells, a formation flow test report is sub- mitted to the board as soon as the circumstances permit, fol- lowing completion of the test. 84.

(1) For the purposes of this section, "pilot scheme" means a scheme that applies existing or experimental technology over a limited portion of a pool to obtain information on reservoir or production per- formance for the purpose of optimizing field development or improving reservoir or production performance.

(2) An operator shall ensure that interim evaluations of any pilot scheme respecting a pool, field or zone are submitted to the board.

(3) When an operator completes a pilot scheme, the operator shall ensure that a report is submitted to the board that sets out (

a) the results of the scheme and supporting data and analyses; and (

b) the operator’s conclusions as to the potential of the scheme for application to full-scale production. 85. An operator shall ensure that a copy of the following is submit- ted to the board daily: (

a) the daily drilling report; (

b) the daily geological report, including any formation evalua- tion logs and data; and (

c) in the case of a production installation, a

summary, in the form of a daily production report, of the records referred to in paragraph 79(

d) and the daily production record. 86.

(1) An operator shall ensure that a report summarizing the pro- duction data collected during the preceding month is submitted to the board not later than the 15th day of each month. Formation of flow test reports Pilot scheme Daily reports Monthly production report

Offshore Petroleum Drilling and Production Newfoundland and Labrador Regulations, 2009 120/09 The Newfoundland and Labrador Gazette December 24, 2009 1012

(2) The report shall use esta blished production accounting pro- cedures. 87. An operator shall ensure that, not later than March 31 of each year, an annual production report for a pool, field or zone is submitted to the board providing information that demonstrates how the operator manages and intends to manage the resource without causing waste, including: (

a) for the preceding year, details on the performance, produc- tion forecast, reserve revision, reasons for significant devia- tions in well performance from predictions in previous an- nual production reports, gas conservation resources, efforts to maximize recovery and reduce costs and the operating and capital expenditures, including the cost of each well opera- tion; and (

b) for the current year and the next 2 years, estimates of the operating and capital expenditures, including the cost of each well operation. 88.

(1) For each production project, an operator shall ensure that, not later than March 31 of each year, an annual environmental report relating to the preceding year is submitted to the board and includes (

a) for each installation, a su mmary of the general environ- mental conditions during the year and a description of ice management activities; and (

b) a

summary of environmental protection matters during the year, including a

summary of any incidents that may have an environmental impact, discharg es that occurred and waste material that was produced, a discussion of efforts under- taken to reduce pollution and waste material and a descrip- tion of environmental contingency plan exercises.

(2) For each drilling installation for an exploration or delinea- tion well, the operator shall ensure that an environmental report relating to each well is submitted to the board within 90 days after the rig re- lease date and includes Annual production report Environmental reports

Offshore Petroleum Drilling and Production Newfoundland and Labrador Regulations, 2009 120/09 The Newfoundland and Labrador Gazette December 24, 2009 1013 (

a) a description of the general environmental conditions during the drilling program and a description of ice management ac- tivities and downtime caused by weather or ice; and (

b) a

summary of environmental protection matters during the drilling program, including a

summary of spills, discharges occurred and waste material produced, a discussion of ef- forts undertaken to reduce them, and a description of envi- ronmental contingency plan exercises. 89. An operator shall ensure that, not later than March 31 of each year, an annual safety report relating to the preceding year is submitted to the board and includes (

a) a

summary of lost or restri cted workday injuries, minor inju- ries and safety-related incidents and near-misses that have occurred during the preceding year; and (

b) a discussion of efforts undertaken to improve safety. 90.

(1) An operator shall ensure that a well history report is pre- pared for every well drilled by the operator under the well approval and that the report is submitted to the board.

(2) The well history report sha ll contain a record of all opera- tional, engineering, petrophysical and geological information that is relevant to the drilling and evaluation of the well. 91.

(1) An operator shall ensure that a report including the follow- ing information is submitted to the board within 30 days after the end of a well operation: (

a) a

summary of the well operation, including any problems encountered during the well operation; (

b) a description of the completion fluid properties; (

c) a schematic of, and relevant engineering data on, the down- hole equipment, tubulars, Christmas tree and production control system; (

d) details of any impact of the well operation on the perform- ance of the well, including any effect on recovery; and Annual safety report Well history report Well operations report

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e) for any well completion, susp ension or abandonment, the rig release date.

(2) The report shall be signed and dated by the operator or the operator’s representative. 92. An operator shall ensure that the board is made aware, at least once a year, of any report containing relevant information regarding applied research work or studies obtained or compiled by the operator relating to the operator’s work or activities and that a copy of it is sub- mitted to the board on request.

PART XII TRANSITIONAL, REPEAL AND COMMENCEMENT 93. An operator at the time of the coming into force of these regulations shall comply with the requirements of

section 6. 94. The following regul ations are repealed: (

a) the Offshore Petroleum Drilling Newfoundland and Lab- rador Regulations, Consolidated Newfoundland and Lab- rador Regulation 748/96; and (

b) the Offshore Area Petroleum Production and Conservation Newfoundland and Labrador Regulations, Newfoundland and Labrador Regulation 17/97. 95. These regulations come into force on December 31, 2009. ©Earl G. Tucker, Queen's Printer Other reports Transitional Repeal Commencement

The Newfoundland and Labrador Gazette December 24, 2009 1015 NEWFOUNDLAND AND LABRADOR REGULATION 121/09 Offshore Certificate of Fitness Newfoundland and Labrador Regulations (Amendment) under the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act (O.C. 2009-387) (Filed December 22, 2009) Under the authority of

section 145 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Lab- rador Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, December 22, 2009. Gary Norris Clerk of the Executive Council REGULATIONS Analysis 1. S.2 Amdt.

Definitions 2. S.4 R&S Issuance of certificate of fit- ness 3. S.6 Amdt. Approval of scope of work 4. S.7 Amdt. Expiration date 5. S.9 Amdt. Invalidity 6. Sch. R&S 7. Commencement

Offshore Certificate of Fitness Newfoundland and Labrador Regulations (Amendment) 121/09 The Newfoundland and Labrador Gazette December 24, 2009 1016 1. Paragraph 2(

d) of the Offshore Certificate of Fitness New- foundland and Labrador Regulations is repealed and the following substituted: (d) "certifying authority" means, for the purposes of

section 135.2 of the Act, the American Bureau of Shipping, Bureau Veritas, Det norske Verita s Classification A/S, Ger- manischer Lloyd or Lloyd’s Register North America, Inc.;

Section 4 of the regulations is repealed and the following substituted: 4.

(1) The following installations are prescribed for the purposes of

section 135.2 of the Act: (

a) each production installati on, accommodation installation and diving installation at a production site; and (

b) each drilling installation, diving installation and accommo- dation installation at a drill site.

(2) Subject to subsections (3) and (5) and

section 5, a certifying authority may issue a certificate of fitness in respect of the installations referred to in subsection (1), where the certifying authority (

a) determines that, in relation to the production or drill site or region in which the particular installation is to be operated, the installation (

i) is designed, constructed, transported and installed or established in accordance with (

A) Parts I to III of the Offshore Petroleum Installations Newfoundland and Labrador Regulations, (

B) the provisions of the Oil and Gas Occupational Safety and Health Regulations listed in

Part I of the schedule, and (

C) the provisions of the Offshore Area Petroleum Div- ing Newfoundland and Labrador Regulations listed in

Part 2 of the schedule, where the installa- tion includes a dependent diving system, NLR 18/97 as amended Issuance of certifi- cate of fitness

Offshore Certificate of Fitness Newfoundland and Labrador Regulations (Amendment) 121/09 The Newfoundland and Labrador Gazette December 24, 2009 1017 (ii) is fit for the purpose for which it is to be used and can be operated safely without polluting the environment, and (iii) will continue to meet the requirements of subparagraphs (

i) and (ii) for the period of validity that is endorsed on the certificate of fitness if the installation is maintained in accordance with the inspection, maintenance and weight control programs submitted to and approved by the certifying authority under subsection (5); and (

b) carries out the scope of work in respect of which the certifi- cate of fitness is issued.

(3) For the purposes of subparagraph (2)(a)(i), the certifying authority may substitute, for any equi pment, methods, measure or stan- dard required by any regulations referred to in that subparagraph, equipment, methods, measures or standards the use of which is author- ized by the Chief or Chief Conser vation Officer, as applicable under subsection 146(1) of the Act.

(4) The certifying authority sh all endorse on any certificate of fitness it issues details of every limitation on the operation of the instal- lation that is necessary to ensure that the installation meets the require- ments of paragraph (2)(a).

(5) The certifying authority shall not issue a certificate of fitness unless, for the purpose of enabling the certifying authority to determine whether the installation meets the requ irements of paragraph (2)(

a) and to carry out the scope of work referred to in paragraph (2)(b), (

a) the person appl ying for the certificate (

i) provides the certifying aut hority with all the information required by the certifying authority, (ii) carries out or assists the certifying authority to carry out every inspection, test or su rvey required by the certify- ing authority, and (iii) submits to the certifyi ng authority an inspection and monitoring program, a maintenance program and a weight control program for approval; and

Offshore Certificate of Fitness Newfoundland and Labrador Regulations (Amendment) 121/09 The Newfoundland and Labrador Gazette December 24, 2009 1018 (

b) where the programs are adequa te to ensure and maintain the integrity of the installation, the certifying authority approves the programs referred to in subparagraph (a)(iii). 3. (1) Paragraph 6(2)(

a) of the regulations is repealed and the following substituted: (

a) is sufficiently detailed to permit the certifying authority to determine whether the installation meets the requirements of paragraph 4(2)(a); and (2) Paragraph 6(2)(

b) of the reg ulations is amended by delet- ing the word "and" at the end of subparagraph (v), by deleting the period at the end of subparagraph (vi) and substituting a comma, and by adding immediately after that subparagraph the following: (vii) the structures, facilities, equipment and systems critical to safety, and to the protection of the natural environ- ment, are in place and functioning appropriately, and (viii) in respect of a drilling installation or a production instal- lation, the structures, facilities, equipment and systems to meet the requirements of the provisions of the Off- shore Petroleum Drilling and Production Newfound- land and Labrador Regulations, 2009 listed in

Part 3 of the

schedule are in place and functioning appropriately. 4. Subsections 7(1) and (2) of the regulations are repealed and the following substituted: 7.

(1) Where the certifying authority determines that, when the installation is maintained in accordance with the programs submitted to it under subparagraph 4(5)(a)(iii), th e installation will meet the re- quirements of paragraph 4(2)(

a) for a period of at least five years, the certifying authority shall endorse on th e certificate of fitness an expira- tion date that is five years after the date of issuance.

(2) Where the period of time referred to in subsection (1) is less than five years, the certifying auth ority shall endorse on the certificate of fitness an expiration date that is the number of years or months in that lesser period after the date of issuance. Expiration date

Offshore Certificate of Fitness Newfoundland and Labrador Regulations (Amendment) 121/09 The Newfoundland and Labrador Gazette December 24, 2009 1019 5. Subparagraphs 9(1)(a)(

i) and (ii) of the regulations are re- pealed and the following substituted: (

i) that any of the information submitted under subsection 4(5) was incorrect and that the certificate of fitness would not have been issued if that information had been correct, (ii) that the installation no longer meets the requirements of paragraph 4(2)(a), or 6. The

schedule to the regulations is repealed and the following substituted:

Schedule (Paragraphs 4(2)(

a) and 6(2)(b)) CERTIFICATION STANDARDS

PART I PROVISIONS OF OIL AND GAS OCCUPATIONAL SAFETY AND HEALTH REGULATIONS UNDER THE CANADA LABOUR CODE (CANADA) 1. Sections 3.2 to 3.11

Section 5.1

Section 6.3 4. Sections 7.1 to 7.6

Section 9.5 6. Sections 9.11 and 9.12 7. Subsection 9.14(1) 8. Subsection 10.6(1)

Offshore Certificate of Fitness Newfoundland and Labrador Regulations (Amendment) 121/09 The Newfoundland and Labrador Gazette December 24, 2009 1020 9. Sections 10.9 to 10.11 10. Sections 10.14 to 10.16

Section 10.18 12. Sections 10.24 and 10.25

Section 10.27 14. Sections 10.35 to 10.37 15. Subsection 10.38(1) 16. Subsection 10.38(4)

Section 11.7

Section 11.9

Section 13.11 20. Subsection 13.16(4)

Section 14.13

Section 14.19 23. Sections 15.3 to 15.5 24. Sections 15.9 to 15.11

Section 15.13 26. Sections 15.21 and 15.22

Section 15.44 28. Subsections 15.47(1) and (2) 29. Subsection 15.49(2)

Offshore Certificate of Fitness Newfoundland and Labrador Regulations (Amendment) 121/09 The Newfoundland and Labrador Gazette December 24, 2009 1021

Section 15.50

Section 17.13 32. Paragraphs 17.14(

b) and (c) 33. Paragraph 17.14(e) 34. Subparagraph 17.14(f)(i)

Section 18.2 36. Sections 18.6 to 18.8

PART II PROVISIONS OF NEWFOUNDLAND OFFSHORE AREA PETROLEUM DIVING NEWFOUNDLAND AND LABRADOR REGULATIONS 1. Paragraphs 9(5)(

h) to (j) 2. Subsection 12(1) 3. Paragraph 12(2)(d) 4. Paragraph 12(2)(g) 5. Paragraph 12(2)(i) 6. Paragraphs 12(2)(

k) to (p)

Section 13 8. Sections 14 to 17 9. Paragraph 18(a) 10. Paragraph 18(c) 11. Subsection 19(1)

Offshore Certificate of Fitness Newfoundland and Labrador Regulations (Amendment) 121/09 The Newfoundland and Labrador Gazette December 24, 2009 1022 12. Paragraph 19(2)(a)

Section 23 14. Paragraph 25(

a) PART III PROVISIONS OF OFFSHORE PETROLEUM DRILLING AND PRODUCTION NEWFOUNDLAND AND LABRADOR REGULATIONS, 2009 1. Paragraph 6(2)(e), except in respect of support craft 2. Paragraph 20(i) 3. Paragraph 23(b)

Section 24

Section 26 6. Paragraph 27(b) 7. Sections 28 to 31 8. Sections 35 and 36 9. Subsection 37(1)

Section 38 11. Paragraphs 46(

a) and (b) 12. Sections 48 and 49 13. Paragraphs 63(

a) to (c) 7. These regulations come into force on December 31, 2009. ©Earl G. Tucker, Queen's Printer Commencement

The Newfoundland and Labrador Gazette December 24, 2009 1023 NEWFOUNDLAND AND LABRADOR REGULATION 122/09 Offshore Petroleum Installations Newfoundland and Labrador Regulations (Amendment) under the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act (O.C. 2009-388) (Filed December 22, 2009) Under the authority of

section 145 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Lab- rador Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, December 22, 2009. Gary Norris Clerk of the Executive Council REGULATIONS Analysis 1. S.14 Amdt. Winterization 2. S.63 Amdt. Manual, plans and programs for installations 3. Commencement 1. Paragraph 14(1)(

c) of the Offshore Petroleum Installations Newfoundland and Labrador Regulations is repealed and the follow- ing substituted: NLR 20/97 as amended

Offshore Petroleum Installations Newfoundland and Labrador Regulations (Amendment) 122/09 The Newfoundland and Labrador Gazette December 24, 2009 1024 (

c) drilling safety systems and associated equipment will oper- ate safely and in accordance with the manufacturer’s specifi- cations; 2. Subsection 63(1) of the regul ations is repealed and the fol- lowing substituted: 63.

(1) Every operator shall prepare, adhere to and maintain, in respect of every installation, an operations manual that contains the following data: (

a) limitations on the operation of the installation and its equip- ment; (

b) information as to environmental conditions at the site where the installation will be installed and the effect of those con- ditions on the installation, including (

i) environmental conditions for which an installation will be evacuated and the meteorological forecast following which that evacuation will be initiated, (ii) the amount of snow and ice that may be allowed to ac- cumulate on the installation, (iii) the amount of marine gr owth that may be allowed to accumulate on the installation, and (iv) for a mobile platform, any operating limits imposed by environmental conditions and the effect of wind, sea, snow, ice and marine growth on the strength, stability and seaworthiness of the platform while in transit, in the operating condition or in the survival condition; (

c) for a fixed platform, the char acteristics of the platform foun- dation, bottom penetration and the maximum permitted amount of scour or other changing seabed conditions; (

d) for a mobile platform that is supported by the seabed, (

i) information concerning the different seabed conditions acceptable for the installation, including the varying ca- pacity of the seabed, limiti ng values of seabed slope, Manual, plans and programs for installations

Offshore Petroleum Installations Newfoundland and Labrador Regulations (Amendment) 122/09 The Newfoundland and Labrador Gazette December 24, 2009 1025 and maximum and minimum penetrations of footings, and (ii) a program for inspecting for scour at regular intervals and after storms of a specified intensity; (

e) for a floating mobile platform, information concerning sta- bility, including all data and instructions necessary to deter- mine whether an intended configuration of, or change to, the loading or ballasting will satisfy the stability requirement for the platform; (

f) information concerning permissible deck loads, variable load limits and preloading; (

g) details of a colour coding system used on the installation for the safety of personnel; (

h) information on corrosion protection systems used and any requirements for the safety and maintenance of the systems; (

i) details of openings and means of closure in watertight com- partments; (

j) drawings that show (

i) the general arrangement of the deck structure, accom- modation areas, helideck and equipment contained on the topside facilities, (ii) for a fixed steel platform, the jacket, piling, risers and conductors, (iii) for a gravity-base platform and a fill-retention platform, the lower concrete or steel platform including any skirt arrangements or piling, the deck structure connection to the lower structure, the risers and the conductors, (iv) for a self-elevating mobile platform, the main and sup- porting platforms, the equi pment for the elevating and lowering of the deck structure and any arrangements for towing,

Offshore Petroleum Installations Newfoundland and Labrador Regulations (Amendment) 122/09 The Newfoundland and Labrador Gazette December 24, 2009 1026 (

v) for a column-stabilized mobile platform, the main and support structure, the method for maintaining the station and arrangement for towing, (vi) for a surface mobile plat form and a similar-shaped plat- form, the hull structure and the positioning equipment, (vii) for a fill platform, the erosion protection and a cross-

section of the platform including the locations of the conductors, (viii) the locations of escape routes, fixed fire-extinguishing systems and life-saving appliances, (ix) the fire divisions and th e location of associated equip- ment, such as fire dampers, (

x) the location of the hazardous areas on the installation, and (xi) for a floating mobile platform, the ballast and bilge systems and all openings and means of closure that could affect the stability of the platform; (

k) the operating and maintenance requirements for all the life- saving appliances on the installation; (

l) the maximum helicopter weight and wheel centres, and maximum size of the helicopter for which the helicopter deck on the installation has been designed, including the ex- tent of the obstacle-free approach zone for the helicopter; (

m) special arrangements or facilities for the inspection and maintenance of the installation, any equipment or plant, and any crude oil storage facilities on or in the installation; (

n) special precautions or instructions to be followed when re- pairs or alterations to the installation are to be carried out; (

o) special operational or em ergency requirements covering essential features of the installation, including the shutdown systems;

Offshore Petroleum Installations Newfoundland and Labrador Regulations (Amendment) 122/09 The Newfoundland and Labrador Gazette December 24, 2009 1027 (

p) a description of equipment for elevating and lowering the installation and of special types of joints, including details of their purpose, proper operation and maintenance; (

q) for a fixed platform, details of the air gap or freeboard; (

r) for a mobile platform, the me ans of ensuring that the air gap requirements determined in accordance with subsection 50(1) are met; (

s) the environmental loads the anchors can sustain to keep the installation moored in place, including the estimated holding power of the anchors in relation to the soil at the drill site or production site; (

t) for a floating platform, (

i) procedures for dealing with the excursion of the plat- form because of the failure of an anchor line, as deter- mined by analysis, (ii) where there is a thrust er-assisted mooring system, pro- cedures to control operations when thruster power is lost, and (iii) where there is a dynamic positioning system, a descrip- tion of the capability of that system in all operational and survival conditions within stated tolerances, when a single source of thrust has failed and full power is being supplied for all foreseeable operations and emergency services; (

u) details of the number of persons to be accommodated during normal operations; (

v) brief particulars of all the equipment on the installation, including flow sheets and instructions for the installation, operation and maintenance of the equipment; (

w) the procedure for preparing, and the description and format for, periodic reports concerning the integrity of the installa- tion; and

Offshore Petroleum Installations Newfoundland and Labrador Regulations (Amendment) 122/09 The Newfoundland and Labrador Gazette December 24, 2009 1028 (

x) a procedure for notifying the chief of a situation or event described in

section 67. 3. These regulations come into force on December 31, 2009. ©Earl G. Tucker, Queen's Printer Commencement

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 24, 2009 1029 Index

PART I Urban and Rural Planning Act– Notices.......................................................................................... ............................................. 499

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act Offshore Petroleum Drilling NLR 120/09 R&S Dec 24/09, p. 975 and Production Newfoundland CNLR 748/96 and Labrador Regulations 2009 NLR 17/97 (in force Dec. 31, 2009) Offshore Certificate of Fitness NLR 121/09 Amends Dec 24/09, p. 1015 Newfoundland And Labrador NLR 18/97 Regulations (Amdt) S.2 Amdt. (in force Dec. 31, 2009) S.4 R&S Ss. 6, 7 & 9 Amdt. Sch.

R&S Offshore Petroleum Installations NLR 122/09 Amends Dec 24/09, p. 1023 Newfoundland and Labrador NLR 20/97 Regulations (Amdt) Ss. 14 & 63 (in force Dec. 31, 2009) Amdt. Embalmers and Funeral Directors Act Proclamation bringing Act NLR 115/09 New Dec 24/09, p. 959 (into Force Jan 1, 2010) Embalmers and Funeral Directors NLR 116/09 R&S Dec 24/09, p. 961 Regulations CNLR 1106/96 Endangered Species Act Endangered Species List NLR 114/09 NLR 57/02 Dec 24/09, p. 957 Regulations Amdt Sch. B Amdt

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 24, 2009 1030

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. Judgment Interest Act Judgment Interest NLR 117/09 Amends Dec 24/09, p. 969 Regulations (Amdt) CNLR 16/96, S . 2 R & S Judgment Interest Order, 2010 NLR 118/09 New Dec 24/09, p. 971 (2% as of Jan 1, 2010) Tobacco Control Act Tobacco Control Regulations NLR 119/ 09 New Dec 24/09, p. 973

THE NEWFOUNDLAND AND LABRADOR GAZETTE December 24, 2009 1031 The Newfoundland and Labrador Gazette is published from the office of Earl G. Tucker, Queen’s Printer. Copy for publication must be received before Friday, 4:30 p.m., seven days before publication, to ensure inclusion in next issue. Advertisements should be typewritten or printed legibly, separate from covering letter. Number of insertions required must be stated and the names of all signing officers typewritten or printed. Copy may be mailed to the address below, faxed to (709) 729-1900 or emailed to queensprinter@gov.nl.ca.

Advertising rates are available upon request. Subscription rate for The Newfoundland and Labrador Gazette is $125.00 for 52 weeks plus applicable tax ($131.25). Weekly issues of $3.00 per copy, plus tax payable in advance. All cheques, money orders, etc., should be made payable to THE NEWFOUNDLAND EXCHEQUER ACCOUNT and all correspondence should be addressed to: Office of the Queen’s Printer, P. O. Box 8700, Ground Floor, East Block, Confederation Building, St. John’s, NL A1B 4J6. Telephone (709) 729-3649. Fax: (709) 729-1900.

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STATUTES OF NEWFOUNDLAND AND LABRADOR 2009 Bill Act

Chapter First Session, 46th General Assembly 58 Elizabeth II, 2009 76 Interim Supply Act, 2009 1 (ASSENTED TO MARCH 25, 2009) Second Session, 46th General Assembly 58 Elizabeth II, 2009 2 Supply Act, 2009 2 (ASSENTED TO MAY 19, 2009) 34 Supplementary Supply Act, 2009-2010 3 1 Apology Act A-10.1 3 Labour-Sponsored Venture Capital Tax Credit (Amendment) Act (Subsection 1(1) is considered to have come into force Apr. 1/09 and subsec- tion 1(2) is considered to have come into force Jan. 1/09) 4 * 4 Revenue Administration Act R-15.01 5 Labrador Transportation Initiative Fund Act Repeal Act 5 6 Pensions Funding (Amendment) Act 6 7 Workplace Health, Safety and Compensa- tion (Amendment) Act 7 8 Chiropractors Act, 2009 (In force Oct. 1/09) C-14.01 9 Student Financial Assistance (Amendment) Act (In force Aug. 1/09) 8

2 Bill Act

Chapter 10 Highway Traffic (Amendment) Act (To be proclaimed) 9 11 Credit Union Act, 2009 (In force Jul. 1/09) C-37.2 12 Pharmacy (Amendment) Act 10 13 Children's Law (Amendment) Act 11 * 14 City of St.

John's (Amendment) Act (Considered to have come into force Jul. 26/04) 12 15 Legal Aid (Amendment) Act 13 16 Loan and Guarantee (Amendment) Act, 1957 14 17 Tobacco Control (Amendment) Act (In force Jan. 1/10) 15 18 Judicature (Amendment) Act (To be proclaimed) 16 19 Income Tax Savings Plans (Amendment) Act 17 20 Research and Development Council (Amendment) Act (Comes into force on the day SNL2008 cR-13.1 comes into force) 18 21 Registration of Deeds Act, 2009 (To be proclaimed) R-10.01 * 22 Consumer Protection and Business Practic- es Act (In force Dec.1/09) C-31.1 23 Occupational Health and Safety (Amend- ment) Act (Comes into force on the day the Occu- pational Health and Safety Regulations, 2009 come into force) 19 24 Vital Statistics Act, 2009 (In force Oct.1/09) V-6.01

3 Bill Act

Chapter * 25 Marriage Act (In force Oct.1/09) M-1.02 * 26 Change of Name Act, 2009 (In force Oct.1/09) C-8.1 27 Public Trustee Act, 2009 (To be proclaimed) P-46.1 28 Provincial Court (Amendment) Act, 1991 20 29 Income Tax (Amendment) Act, 2000 (Considered to have come into force Jan