Notice – Public Comments on the draft Guidelines for the Framework Regulations
The Canada-Newfoundland and Labrador Offshore Petroleum Board (C-NLOPB) and the Canada-Nova Scotia Offshore Petroleum Board (CNSOPB) are inviting comments on draft guidelines related to the Canada-Newfoundland and Labrador Offshore Area Petroleum Operations Framework Regulations, SOR/2024-25 and the Canada-Nova Scotia Offshore Area Petroleum Operations Framework Regulations, SOR/2024-26 (referred to collectively as the “Framework Regulations”).
Background Information
The Frontier and Offshore Regulatory Renewal Initiative (FORRI), established in 2005, is a federal-provincial partnership working to modernize the regulatory framework for frontier and offshore oil and gas activities in Canada. It is led by Natural Resources Canada (NRCan) with participation from other federal, provincial, and regulatory organizations including the C-NLOPB, CNSOPB, and the Canada Energy Regulator (CER). Additional details on FORRI can be found on Natural Resources Canada’s website.
The Framework Regulations modernize existing regulatory requirements from a prescriptive-based approach to a hybrid-based approach where outcome-based (e.g. performance-based) requirements are used to the extent possible, while maintaining prescriptive requirements where necessary.
For the CNSOPB, the Framework Regulations will replace the following prescriptive regulations:
- Canada – Nova Scotia Offshore Petroleum Installation Regulations
- Canada – Nova Scotia Offshore Certificate of Fitness Regulations
- Canada – Nova Scotia Offshore Area Petroleum Geophysical Operations Regulations
- Canada – Nova Scotia Offshore Petroleum Drilling and Production Regulations
As most of the prescriptive regulatory requirements will be replaced by outcome-based requirements, it was identified that guidance would be required to provide clarity around interpretation of the regulations, outline accepted means of compliance with the regulations and to outline other considerations. In preparing the suite of guidelines for the Framework Regulations, the CNSOPB and C-NLOPB working group took into consideration information from existing guidance documents, learnings from previously assessed regulatory queries (RQs), as well as relevant learnings and industry practices from other regulatory jurisdictions. The suite of joint guidelines for the Framework Regulations include:
- Framework Guideline
- Safety Plan Guideline
- Environmental Protection Plan Guideline
- Contingency Plan Guideline
The Framework Guideline and suite of related guidelines have been developed with the following objectives:
- Avoid duplication or repetition of language that is already contained within the Canada‐Nova Scotia Offshore Petroleum Resources Accord Implementation Act (CNSOPRAIA) or the Canada-Nova Scotia Offshore Area Occupational Health & Safety Regulations (OHS Regulations) or any of the documents incorporated by reference within the Framework Regulations;
- Include references to draw attention to related applicable requirements contained directly in the CNSOPRAIA, in the OHS Regulations and in other sections of the Framework Regulations with the expectation that Operators and Employers take a holistic consideration of related requirements within the entire legislative framework;
- Reduce duplication with other existing regulatory instruments (e.g. codes of practice, guidelines, interpretation notes, directives and safety notices) in relation to Framework Regulations subject matter. To the extent practicable, guidance has been moved under the appropriate section within the Framework Guideline or suite of related guidelines such that other regulatory instruments can be withdrawn. For codes of practice and other guidelines that remain, these are referenced to draw attention to relevant subject matter.
The following are links to the draft Guidelines:
To provide clarity and alignment among regulators, governments, industry, and stakeholders with respect to the regulators’ interpretation of the new regulations, possible means of compliance and other considerations, the following guidance has been developed by the C-NLOPB and CNSOPB and is now available for public consultation:
Framework Guideline (Joint with C-NLOPB)
To supplement the performance and prescriptive based regulations, guidance has been created for each section of the regulation to provide clarity on how the regulatory requirements can be achieved.
- Framework Guideline – English
- Framework Guideline – French (Available soon)
Safety Plan Guideline (Joint with C-NLOPB)
Historically, Safety Plans have been required to be submitted for production projects and drilling programs. As the Framework Regulations is now applicable to all works or activities, the Safety Plan Guidelines have been revised in consideration of the regulatory requirements and in recognition of the scope of activities proposed to be undertaken and their associated risks. Clarity has been provided on the level of detail which should be included and flexibility provided as to how this information is laid out in consideration of how it is planned to be implemented.
Safety Plan Guideline – English
Safety Plan Guideline – French
Environmental Protection Plan Guidelines (Joint with C-NLOPB)
Historically, Environmental Protection Plans have been required to be submitted for production projects and drilling programs. As the Framework Regulations is now applicable to all works or activities, the Environmental Protection Plan Guidelines have been revised in consideration of the regulatory requirements and in recognition of the scope of activities proposed to be undertaken and their associated risks. Clarity has been provided on the level of detail which should be included and flexibility provided as to how this information is laid out in consideration of how it is planned to be implemented.
Environmental Protection Plan Guidelines – English
Environmental Protection Plan Guidelines – French
Contingency Plan Guidelines (Joint with C-NLOPB)
Historically, Contingency Plans have been required to be submitted for production projects and drilling programs. As the Framework Regulations is now applicable to all works or activities, the Contingency Plan Guidelines have been revised in consideration of the regulatory requirements and in recognition of the scope of activities proposed to be undertaken and their associated risks. Clarity has been provided on the level of detail which should be included and flexibility provided as to how this information is laid out in consideration of how it is planned to be implemented.
Contingency Plan Guidelines – English
Contingency Plan Guidelines – French
Public Comments
The C-NLOPB and CNSOPB are seeking comments on the draft Guidelines for the Framework Regulations. The deadline to provide comment is July 2, 2024.
Comments on these Guidelines may be submitted via using this link. To download a Word document comment template, click here. Comments forwarded to any other address of the CNSOPB will not be considered.
Upon receipt, all submissions will be shared between the two Boards. It is not necessary to make separate comment submissions to each Board. Please note that the C-NLOPB is following a similar process, which you can learn more about on their website.
If you have any questions regarding this consultation, please contact the CNSOPB’s Chief Safety Officer at info@cnsopb.ns.ca or 902-422-5588.