Offshore Renewable Energy Rules Proposed

Summary#

This is a proposed set of rules called the Canada Offshore Renewable Energy Regulations to put the offshore renewable energy part of the Canadian Energy Regulator Act into practice. If adopted, the rules would set detailed safety, security, environmental and reporting requirements that operators must meet before and while building and running offshore renewable projects. Public comments were invited for 30 days after the notice published on February 24, 2024.

What it does#

• Uses the authority in the Canadian Energy Regulator Act to require authorizations for work on offshore renewable energy (ORE) projects and offshore power lines.
• Sets one application/authorization for each major project phase: site assessment; construction and operations; decommissioning and abandonment.
• Requires operators to have and follow a management system plus detailed plans for:
  • safety,
  • environmental protection,
  • emergency response,
  • integrity and quality assurance.
• Requires an approved independent certifying authority to assess designs, monitor construction and operations, and issue a certificate of fitness for facilities, equipment and systems.
• Requires incident reporting and records:
  • notify regulator as soon as possible and submit an incident report within 14 days;
  • periodic summary reports monthly during construction and decommissioning and annually during site assessment and operations;
  • a final report within 3 months after work ends;
  • keep records for five years after decommissioning ends (or five years after site assessment if a project is terminated).
• Safety and navigation rules:
  • operators must assess collision risk and may propose navigational safety zones up to 500 m around facilities (must not conflict with established shipping routes);
  • a support craft must be able to reach a facility within 20 minutes in many emergency scenarios.
• Sets inspection and monitoring roles for the certifying authority, including an annual report to the regulator within 30 days after each calendar year end.
• Government estimates incremental industry costs from these mandatory reporting and inspection requirements would average less than $1 million per year.

Who's affected#

• Offshore renewable developers and operators who want to do site assessments, build, run or decommission offshore wind, tidal, wave, or other ORE projects.
• Organizations that would act as independent certifying authorities.
• Coastal provinces most likely to see projects in the near term: Nova Scotia, Newfoundland and Labrador, and British Columbia.
• Other ocean users such as fishers, shipping interests and local coastal communities, including Indigenous peoples of Canada, who may be directly affected by project siting, navigational safety zones and environmental impacts.
• The Canada Energy Regulator, which would review applications, approve certifying authorities and enforce the rules.

Why it matters#

• The rules would give clearer, consistent expectations for safety, environmental protection and project oversight. That can make it easier for companies to plan and invest in offshore renewable projects.
• They build in independent checks (the certifying authority and required plans) aimed at reducing accidents, pollution and risks to people and other ocean users.
• Concrete effects people might notice: increased official reporting and inspections around projects; possible navigational safety zones that change where small boats can go near facilities; and stronger record-keeping and emergency response requirements at offshore sites.
• The proposal is not law yet. It was open for public comment for 30 days from the notice published on February 24, 2024.