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Newfoundland Offshore Certificate of Fitness Regulations (SOR/95-100)

Regulations are current to 2024-11-11 and last amended on 2022-01-01. Previous Versions

Expiration Date

  •  (1) If the certifying authority determines that, when the installation is maintained in accordance with the programs submitted to it under subparagraph 4(5)(a)(iii), the installation will meet the requirements of paragraph 4(2)(a) for a period of at least five years, the certifying authority shall endorse on the certificate of fitness an expiration date that is five years after the date of issuance.

  • (2) If the period of time referred to in subsection (1) is less than five years, the certifying authority 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.

  • (3) A certificate of fitness shall expire on the expiration date that is endorsed on it.

  • SOR/2009-316, s. 95

Area of Validity

  •  (1) The certifying authority shall endorse on the certificate of fitness a description of the site or region in which the installation is to be operated.

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

  • SOR/2009-316, s. 97(F)

Invalidity

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

    • (a) the certifying authority or the Chief determines

      • (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

      • (iii) that the installation has not been inspected, monitored and maintained in accordance with any limitation endorsed on the certificate of fitness; or

    • (b) the Chief determines that the certifying authority has failed to carry out the scope of work relating to the installation in respect of which the certificate of fitness was issued.

  • (2) At least 30 days before a determination is made pursuant to subsection (1), notice, in writing, that a determination is going to be made shall be given

    • (a) in the case of a determination by the certifying authority, by the certifying authority to the Chief and the person to whom the certificate of fitness in respect of which the determination is to be made has been issued; and

    • (b) in the case of a determination by the Chief, by the Chief to the certifying authority and the person referred to in paragraph (a).

  • (3) Before making a determination pursuant to subsection (1), the certifying authority or the Chief, as the case may be, shall consider any information in relation to that determination that is provided by any person notified pursuant to subsection (2).

  • SOR/2009-316, ss. 96, 97(F)

Change of Certifying Authority

 Where a person to whom a certificate of fitness has been issued intends to change the certifying authority in respect of an installation, the person shall

  • (a) where possible, notify the Chief at least 90 days before the change is made; and

  • (b) where it is not possible to notify the Chief in accordance with paragraph (a), notify the Chief as soon as the person changes the certifying authority.

  • SOR/2009-316, s. 97(F)
 

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