The Regulator assesses compliance with legislation and authorizations through compliance monitoring and verification activities. Compliance is assessed against:

• the Accord Acts and regulations;
• commitments made as part of an application for a Development Plan Approval, Benefits Plan Approval, and Operations Authorization or other approval (e.g., Approval to Drill a Well);
• conditions associated with a Development Plan Approval, Benefits Plan Approval, Operations Authorization or other approval (e.g. Approval to Drill a Well);
• commitments made as part of an application for, or any requirements (e.g. conditions) of an applicable RQ or CSO Approval;
• any applicable order of the Board or an Officer;
• mitigation commitments made as part of a environmental assessment or impact assessment, as the case may be, and any requirements arising from an applicable decision statement of the Minister of Environment and Climate Change Canada; and
• the requirements of the Regulations Respecting Excluded Physical Activities (Newfoundland and Labrador Offshore Exploratory Wells), if applicable.

Compliance Monitoring Activity

A compliance monitoring activity refers to the reviewing of information received in the normal course of regulatory oversight to verify the work or activity is being conducted in a manner that complies with legislative requirements. It includes the review of various reports submitted by the operator and other workplace parties, such as:

• Daily, weekly, monthly and annual reports
• Incident investigation reports
• Complaints
• Submission of data, samples and analysis from acquisition programs
• Workplace committee minutes
• Benefit Reports

Compliance Verification Activity

A compliance verification activity is a planned, systematic and documented process for assessing compliance with the requirements of the Accord Acts or regulations and commitments made as part of the application for an authorization or approval and any associated conditions made by the Regulator. Compliance verification activities may include a desktop review of documented information (e.g., procedures, records) at the Regulator’s offices or may be conducted onshore at a regulated party’s offices or facilities or offshore at a regulated party’s facility.

Non-Compliance

A Non-Compliance is anything found during the conduct of compliance monitoring or verification activities that does not comply with the requirements of the Accord Acts or regulations and commitments made as part of the application for an authorization or approval and any associated conditions made by the Regulator. Both the Accord Acts and regulations require that measures be taken to correct and/or prevent future occurrences of any Non-Compliances that are identified.

Non-Compliance Report

All Non-Compliances, whether verbal or in writing, will be documented in a Non-Compliance Report. The Non-Compliance report requires the regulated party to assess the nature of the Non-Compliance and to respond in writing with a plan to return to compliance along with associated timelines to do so. Once accepted, staff will monitor the resolution of the Non-Compliance.  If a regulated party has not achieved compliance in a reasonable manner, enforcement actions may be used.