BETWeEN:

AND:

MEMORANDUM OF UNDERSTANDING

THE MINISTER OF TRANSPORT, as represented by Transport Canada Civil AvlaUon

(hereinafter referred to as "TCCA")

THE CANADA-NEWFOUNDLAND AND LABRADOR OFFSHORE PETROLEUM BOARD

(hereinafter referred to as ••the Board")

(hereinafter referred to as the Participants)

WHEREAS, lhe Partlcfpants wish to estabbh a cooperative framework with respect to transpor1allon by air of personnel for offshore petroleum related aellvities;

AND WHEREAS, pursuant to the Accord Acts, the Board has legislative and regulatory re5ponslblllliu fur pelioleum rslaled ac:tiviUes conducted In the Canada-Newfoundland and Labrador OHshore Area, lndudlng ensuring the health and safety of personnel l:ransported to and between workplaces by aircraft, namoly helicopters;

AND WHEREAS, pursuant to the Aeronaulics Act, TCCA has legislatiVe and regulatory responsibilities respecting avlaUon safety Including those related to operations, safety and aviation personnel;

ANO WHEREAS, TCCA is prepared to assist and support the Board, when possible, In carrying out the Board's mandate respecUng the safety of helicopter passengers being transported to and between workplaces and olher vessels engaged In offshore petroleum related eclivtttes:

AND WHEREAS, the Participants shara a common perspective that, In the f~n~t instance, the sarety of helicopter passengers is the responslbUity of the AJr Operator Certillcate holder and Operator In accordance wUh the Accord Acts and the Aeronsullcs Ac:l and Canadian Avlsl/on Regulations (CARs):

AND WHEREAS, lhe Partlctpants wish to clarify and coordinate their respective roles and activities, and In particular, how they will cooperate to ensure that those who are providing helicopter transportation for offshore petroleum related atlivities maintain a prudent regime far achieving aviation safety.

MOU Between TCCA and lhe C.NLOPB

NOW THEREFORE lhe Participants concur as follows:

1.0 DeflnltJons

In this Memorandum of Underslandfng (MOU) unless the contexl otherwise requires:

•Accord Ar:ts• means the federal Conodo·Newfoundlond ond Lobrodor Atlantic Aa:ord Implementation Act, S.C. 1987, c. 3, as amended from time to lime, and the provincial Conodo·Newfoundlond and Lobrador Atlantic Accord lmplementotlon Newfoundland and Lobrador Act, 1lS.N.L. 1990, c. C·2. as amended from time to time;

•Aeronautics Act• means the AeraneuUcs Act, R.S.C., 1985, c. Ar-2, as amended from time to lime;

•Air Operator Ceftiftcate• has the same meaning as defined In the CARs;

"Authorization• means an authorization issued by the Board pursuant to the Accord Acts';

•CARs• means the Canadian AW&rion Regulations (SOA/98-433), as amended rrom lima to Ume;

·exemplion· has lhe same meanlng as defmed In the Civil AvlaUon Olreclive (CAD) No. REG-003, In accordance with secllon 5.9(2) of the Aeronautics Acl;

"Marina Installation or Slructura" as defined In the Accord A~;

"'ffshore Area• means lhe Canada-Newfoundland and Labrador Offshore Area pursuant to the Acctxd Acls;

"Operator" meang the holder of an operating licence and an Authorization Issued pursuanl to the AcconJ Aas;

*Passenger craft• has the same meat1lng a& defll't8CIIn lhe Ac:canl Acfsl;

SubsUtuUons as authorized pursuant lo lhe Accord Ads

' Conado Newfolltfdlond Olld &DbnJdor Atlonrlc AttrJtd lm~ntarlan Act (FI!deral), secllon 138(1 )(b): CGMdo· NNI/oundlond GtHf lObnniDI' Allottllc ~tecorrllmple~Mnroflon N~wfolltldiGnd 11nd &ofltodOt Act (Provlnc:la1), secllon 134(1Kb) 'Omtltlo·New/Ofllltlkmd llflllltlbnulor AIIGnrlc A«ord lmp#Mentoflon Act (Federal), section 205.001(1 ): ClmodfJ·NewfocmdltJnrl rmd ltllwador Afilrnrk Acalrd lmpli!mrnrorbt Nrw/OUIIdlond and Labmdar Act 'Provlndal), ledon 2D11(1)PJ

CIIIIGIIo Nlwfollltdlond Otld LobtDdor Arlonrk Acumllmplemtnrotlon Act (Federal). section 2G5.001(1 ); CllrtlldrJ·New/GUrtdltllld olld I.GbtDdor Atlallllc A«onnltnt*mentotion Newfoundlllnd onrl Lohrrnlor Act Act (PmvkM:Ial), secllon 2011(1){r)

MOU Between TCCA and lhe C.NLOPB 2

2.0 Authority and Purpose

2.1 This MOU is entered Into pursuant to sec:lion 48(1) of the Csnacla-Newfoundtand and LBbrador AUantic Accord lmpl~lllflntalion Acl and section 46{1) of the Canada-Newfoundland and Lsbraclor Allanllc Accord lmplemenlalion Newfoundland and Labrador Acl.

2.2 The purpose of this MOU Is lo fadlltate harmonization of lhe acUvilles of mutual interest with respect to each Partidpants regulatory mandate, where it ls possible, and to avoid duplication of work In relation to the transport or workers by helicopter.

2.3 U Is not intended, nor vnl It be interpreted, that this MOU creates, Imposes, or Implies any s tatutory or legal duUes, rights, obllgaUons, Dablitles, claims or actions on or against the Participants. It is further nol Intended, nor wiD It be Interpreted that this MOU gives lo the Participants any power or authority that they do not olherwise hold nor does It rariE!va, exclude or prohibit the Participants from performing any duties that they are responsible for under the applicable statutory authority by which lhay operate. For greater certainly, this MOU Is not legally binding.

2.4 For greater certainty, this MOU does nol address ma\ters respecUng avlaUon security.

3.0 Roles Respecting Occupational Health and Safety During Air Travel

3.1 The Minister of Transport has the legislative and regutatory responsibilities respecting aviation safety Including operaUons and aviation personne1;

3.2 TCCA administers its regulatory services and safety oversight program through aviation lcenslng, certlfJCStlon, audl\s and Inspections pursuant to the Aeronautics Act;

3.3 The Board administers Its regulatory oversight of passenger transportation through compliance monitoring, lnspotUons, audits, investlgaUons, and enforcement pwsuant Ia the requirements within the Accord Act$ and assoc:iated regulations.

3.4 Some or the respacUve roles and responsibilities of the Board are set out In the table ·Roles Respedlng Occupallonoil Health and Safely d&.mg PJr Traver, attached as Annex 1. This table Is provided as guidance only for the purposes of this MOU. TCCA's role Is to apply and oversoe the regulatory requirements related to avl;tion Including lhe Aeronautics Acl, CARs and exempllons.

MOU Belwoen TCCA and lhe C·NLOPB

4.0 Coordination of ActiVIty

4.1 To the extent it ls permUted by law and where pos&lbla, the Part~ts wHI keep each other lnfonned of any Inspection, compliance, enforcement artd audit actMties that could lmpactlhe activities of the other.

4.2 TCCA and lha Board are convniHed to open communlcallans and sharing lnfonnaUon with each other, as appropriate, to create an environment that foslem c:anllnuous improvement

5.0 Teahnical Advice and Consultation

5.1 When pracUcal, the Participants will engage each other In the application of regulations, ancllhe development or applcatlon of standards, guidelinaslguidance materials, safety zone notice&, drediVes, or policies pertaining to aviation safety aspects of offshore petroleUm re~ed actlviUes, lnclucftng personnel requirements and c:ertiflcatton and the development and Implementation of codes of practice.

5.2 The Baatd may request the technical advice and/or assistance ofTCCA In:

a) lhe review of Substitutions; b) the execullan of the Board's mandate respecting passenger craft In Part

111.1 of the Accon:l Acts (i.e. inspections, audits, lrweaUgaUons, ovetSighl, comptJance monitoring. enrorc:ement).

TCCA wl provide such assistance to lhe extent possible.

5.3 TCCA may request the technical advice and/or assistance of the Board In:

a) Exemption requests that relate lo offshore operations; b) the execution of the TCCA's mandate (le. lnspec:llons, audits,

investigations, oversight, compliance monllorfng, enforcement).

The Board will provtde such assistance to the extent possible.

5.4 TCCA ag~es to consider extending Invitations to the Board, as appropriate, to attend Regional and NallonaJ Canadian Aviallon meetings and forums pertafnlng to aviation slfety aspects of offshore petroleum ce1alad acllvllias.

5.5 The Boatel agrees to consider extending Invitations to TCCA, as appropriate, to attend meetings and forums pertalntng to avfatton safety aspects or offshore petroleum f8lalad acllvitles,

5.8 When the Boant requests technical advice ot assistance In ac:c:onlance with this MOU and Where specific training courses and refresher training courses are ldenllfled, that ate deemed mandatory by the Board, and such courses (and refresher) are nat mandatory for TCCA Inspectors, the cost of these coln8S (and

MOU Betweert TCCA and lhe C·NLOPB •

refresher) will be paid by the Board. Any additional health assessments required ror these Board specific courses are also to be paid by the Soard. All such costs will be pre-approved by the Board.

6.0 Principal Contacts

6.1 lnformallon Sharing Upon request, and subject to the provisions or this MOU or any Annex attached to this MOU, and to the extent permitted by law, the Participants wilt:

(I) exchange copies and/or summaries or records or lnspedJons, Investigations, enforcement acllons, and other reports produced or provided for lhe purposes of enforcement and administration or their respective legislation and any other inronnatlon listed in lhii MOU;

(2) share Incident reports related to the foUowlng as soon as possible upon receipt:

a) alllnddentslnvolvlng fatalities, missing persons or work related lost time lnjury/iUness to personnel being transported by helicopter within our jurisdiction to a facility operating under an Authorization in lhe Offshore Area.

b) aU incidents In which a helicopter is transporting personnel to or from or between a workplace pursuant lo an Authorization has sustained damage affecting the helicopter's ah1Uty to operate safely.

6. 2 The Chief Safety Officer Is the contact for TCCA and the Director, Safely is the contact far the Canada-Newfoundland and Labrador Offshore Petroleum Board. These are ldenlllled and Included In this MOU as Annex 2. TCCA regional operations are the primary contact at TC and INiU liaise with TCCA HQ as required (e.g. regulatory int!!tpre1ation).

7.0 NoUces and Information

7.1 The address for notices and Information to the Board is:

Canada- Newfoundland and Labrador Offshore Petrotaum Board Suite 1, T 0 Place 140 Water Street St. John's, NL A1C 6H6

Or by e-maD at: informatlon@cnlopb.ca ATIENTION: Chlaf Safety Offlcer

7.2 Tha address for notices and Information to TCCA ls

MOU Between TCCA ancll.he C-Nt.OPB

Transport Canada Atlantic Region 95 Faundly Street P.O. Box42 Moncton New Brunswick E1C BK6 ATI'ENTION: Regional Director, Clvi1 AviaUon

Or by e-mail at: tc; a)l!!!lo!!ll!)icesa!I=H!Vicatv t.lsnllllc@lc gc.g

8.0 Review

The Participants wil meet to review this MOU alleasl every 5 years.

9.0 Amendments and Termination

9.1 Amendments of lhls MOU wUI be made In writfng and signed by the Participants.

9.2 This MOU will remain In effect untu one of lhe Participants gives wrllten notice to lhe other Participant of lis intention to terminate the MOU and 60 days elapse from the dale the notice Is received by the other Participant.

10.0 Settlement of Disputes

Any disputes regarding lhe lnterprelaUon or Implementation of &his UOU will be resolved only by consultation between the Participants and wll not be referred lo another enllly or for satllemenL

11.0 Entire Understandings

This MOU supersedes al previous discussions relating to the subject matter unless otherwise incorporalad by reference In this MOU.

12.0 Effe.-tlve Dale

This MOU is Intended to take effect on the dale of the last signature by the Participants.

MOU Between TCCA and the C-HLOPB 6

IN WITNESS THEREOF the Participants have signed, in duplicate, this MOU on h e dates indicated below.

THE BOARD

Q?tfll~- . Chair and Chief Executive Officer Canada-Newfoundland and Labrador Offshore Petroleum Board

MOU Between TCCA ond !he C.NlOPB

TCCA

Date:ft,o I (() Z.C,l <t; I

Jk , ty~--Re'glonal Director General - AUanUc

7

Annex1

Roles Respecting Oversight of Occupational Health and Safety Regarding Air Travel

P - DenoCes Primarv raaponsibllfty. s-Denoles SupoJemenlary responsibility. Legislation Ia supplemental to the primary regulator's respon&ibiflly. Accord Acts racus on

pauangar haallh and safely and are supplemental to TCCA'a rasponslbmtfas under the Aeronautics Act and CARs.

Subject Matter

IOIL"ANO'GAS OPERATOR PROCESSES

' JRCC piOYide SAR SIMCU for olflhote oil and gas operatons In tha region.

MOU Belwellft TCCA ud 1M C-NLOPS

Transport CanadaCivH

Aviation

Newfoundland and Labrador

Offshore PatJrola1um Board

a

OtherGov't DepliJ Agencies

Coordination Centre Halfrax

r-- JurfsdlctioniRofas & Regulations I Canada·

Subject Matter Transport Newfoundland OlharGov't Canada Civil and Labrador Depts./ Agencies 1

Aviation Offshore Petroleum Board

Safely Equipment p s {biJMd CARs n!CIUiremenl5l

Emergency Equipment (Matlevac haiiL SAR equlpnonllllld Mod~c kilaJ p s (beyond CARs reauiremenls)

Aircraft Crew Training/Competency Requirements p s Cba~ond CARs tHUifemHI5)

Aircraft Crew Ucenslng/Campelency Assessment p s (~CARl requnmenls)

·- LOI,!!!!'Ufl!!: • ·)~1:1

u: • Flighl Crew Occupational Heafth & Safety -appiH w11111 c:mr i$ ouWde NJA p p the aitr:nlll (olfshon!} (Onahtn)

Provincial Gov.2

FUght Crew Aviation Occupational Health and Safety (AOHS) -Applias lo emp/oytHu WOitllng on boanl 111 ain:talf wiJIJe i1 opetafiOIJ. ~nd the aittnll is moiling UIJder/18 OMn powtll' lor lhe PfltPOS• of talclntl air ltDm a C.mldian

p NIA Provlnclat Gov."

or flnign pbtce of c»partunt uttlil il COII'N!S to mst ollhe ond of ltsl5ghlto ll$11131 wMimtllon in CMIIda. SeHing or Flight UmitaUcns p s4 Flight Planniog p s Fllaht Followingl\l\l'atch Practices p s NAV Canada:l r

J Newfoundland and tabrndor Pmvinc:ial Government-Oapartmenl ollabour and Advanced Education enforce OHS leglslalion appllcabfv when cnrw are onshore :J NeWkH.Jndland and Labrador PIOVincial Government - Department ol Labour and Advanced Education are rasponslbfe for mandating OHS ~ic:Jes ror 111a province

For example. avallablftlylpmlCimily or standby vessel and JRCC: application or Atlantic Cansda Standby Vessel (AC·SBV) Guidelines s NAV Canada opetales Canada's cJvl alr navigation service and comies out ffight following lhrough the mnnlloring or aircraft opafaling In Canadian efn;paca, and through the opening and closing of Flighl Plans

MOU Between TCCA and lha C·NLOPB 9

Subject Matter

: FCif example, pnsenger fnlarmallon pnt-lllght vtdeo

Tn~naport Canada ClvU

Av1aUon

Newfoundland 11nd Labrador

Offshore

OtherGov't Depts.l Agencies

For example, pasengera.gpge. ar carryang CIIDD and passengn on same fllglll 1 Transport canada (Surface) provides cnrerslghl and gives expertadvlca onlhe lransport.aion of dangataus goods by aD modes ol transport In canada • Thent is an MOU balween TSB and c.NLOPB far TI'8Riportation Oc:curreiiC:es (i.e. releasing thlt site. naliflcalfan. lrMiatiplions elc. lllalad lo arcrart and passenga) 10 The TtlftSpOrtatlon sarety Board af Canada (TSB) Is an Independent agency lhal would investigala oc:cumances Involving marine and air model or lransportallon " Compliance Verlllcatton and Enquiry aclivttia in nslaliDn 1o the AGcont Acts and nsqulremeals or AulhDdzallon.

MOU Between TCCA and ltle C·NLoP8 10

. Subject Matter

r Hefiports-:-General Requirements (Ops Manual. cenlallon. P~r.at dlar.ademtlcs, VISUIIIII!da.5!!!!5 mlrllall. ef;L_

; PPE Re~:~uiremenls far helideck crew and flreflghting offshore

-+

Jurisdiction/Rain &-RigiiiaiJou- -- ...,..... Caruada·

Transport I Newfoundland Canada Clvll and Labrador

Aviation Offshore

p 4- Perrotaum Board

su '

N/A p -+-

OtherGov't OeptsJ Agencies

·~ For example, passenger transportation mfusals and posting mformahon ror passenger safely

MOU Betwean TCCA and the C·NLOPB ,

Annell 2

In accordan~u wllh section 6.0 of this Memorandum of Understandmg, lhe following person.-. hove b~;:e:n luenlifiL,o "~ prlntiiJ I c.unluc.&s for In pu~:."s of ma,nlcilnlng regul<Jr contact a!:i stipu1ate:d '" this MOU:

Name

Paul Al~x;snder

ntieand i Organi~tion

Chlof Safely Otftcnr Can..~da- Newfoundland antf Lu[lrador Offshore Petrolwm board

Assoclale 01. ector Operations

Transport Canad3 A\luntic Region

Robert Sincennes . Oircdor, siandard~

i ransport Lunada ~ He..n.i~uarters

UOU Betwetfl TCCA and lite CNSOPB

1 Telophone T Email ~ N~mbor(ul l _ -· _ _ · (7U9) 778-1410 1 pe:~lexander@cnlopb.ca

(50s) 8S1-4512 ke~~:n.whalen@lc.gc.ca

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