Contents
28Issuance of certificate — requirements and conditions#
(1)Before a certifying authority issues a certificate of fitness in respect of an installation,
(a)the person that applies for the certificate must
(i)provide the certifying authority with all the information that the certifying authority requires in relation to the application for certification, such as design specifications for the installation, including its systems and equipment,
(ii)conduct or assist the certifying authority in conducting any inspection, test or survey that the certifying authority requires,
(iii)except in the case of a diving installation, submit to the certifying authority for approval a maintenance program that meets the requirements set out in section 159 and a weight control program that meets the requirements set out in section 161, and
(iv)in the case of a diving installation, submit a maintenance program to the certifying authority for approval;
(b)the certifying authority must determine that, in relation to the production site, the drill site or the region in which the particular installation is to be operated,
(i)the installation, including its systems and equipment, is fit for the purposes for which it is to be used and can be operated without posing a threat to persons or the environment,
(ii)in the case of an installation other than a diving installation, the requirements set out in the following provisions have been met:
(A)the provisions of these Regulations listed in Part 1 of Schedule 1, and
(B)the provisions of the Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations listed in Part 2 of Schedule 1, other than paragraph 22(5)(b), subsection 28(3), paragraph 28(5)(a), subsection 171(3) and paragraphs 172(1)(a), (g), (j) to (m), (o) and (p), (2)(e) and (3)(c) and (f) of those Regulations,
(iii)in the case of a diving installation, the requirements set out in the following provisions have been met:
(A)section 174 and the provisions of Part 9, and
(B)the provisions of the Canada–Nova Scotia Offshore Area Occupational Health and Safety Regulations listed in Part 2 of Schedule 1, and
(iv)the installation, including its systems and equipment, will continue to meet the requirements set out in subparagraph (i) and the applicable requirements set out in subparagraph (ii) or (iii), as the case may be, for the time set out in the certificate of fitness if
(A)the installation — other than a diving installation — including its systems and equipment, is inspected, monitored, tested and maintained in accordance with the maintenance program and is maintained in accordance with the weight control program referred to in subparagraph (a)(iii), or
(B)the diving installation, including its systems and equipment, is maintained in accordance with the maintenance program referred to in subparagraph (a)(iv);
(c)the certifying authority must
(i)in the case of an installation other than a diving installation, determine that the maintenance program and the weight control program are adequate to ensure the continued integrity of the installation, including its systems and equipment, and approve them, and
(ii)in the case of a diving installation, determine that the maintenance program is adequate to ensure the continued integrity of the installation, including its systems and equipment, and approve it; and
(d)the certifying authority must carry out the scope of work in respect of which the certificate of fitness is issued.
(2)For the purposes of subparagraphs (1)(b)(ii) and (iii), the certifying authority may substitute, for any equipment, methods, measures, standards or other things required under any regulation referred to in those subparagraphs, any other equipment, methods, measures, standards or other things the use of which is authorized by the Chief Safety Officer or the Chief Conservation Officer, as the case may be, under section 155 of the Act or subsection 210.07(1) of the Act.
(3)The certifying authority must set out in any certificate of fitness that it issues the details of any limitation on the operation of the installation that is necessary to ensure that the installation, including its systems and equipment, meets the requirements set out in paragraph (1)(b).
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.