2023 to 2024 Activity report - Memorandum of Understanding between: Canada-Newfoundland and Labrador Offshore Petroleum Board and Fisheries and Oceans Canada

April 2024

On this page

• Context
• Status of the 2023 to 2024 work plan initiatives
  1. Joint priority setting, planning, coordination and administration
  2. Regulatory activities
  3. Incident response and preparedness
  4. Collaborative information exchange
• Abbreviations
• Approvals

Context

The Memorandum of Understanding (MOU) between the Canada-Newfoundland and Labrador Offshore Petroleum Board (C-NLOPB) and Fisheries and Oceans Canada (DFO) Newfoundland and Labrador Region (updated July 2020) supports and promotes the effective coordination and planning of activities of mutual interest of the C-NLOPB and DFO with respect to each entity’s regulatory oversight in the Canada-Newfoundland and Labrador Offshore Area.

The Chief Executive Officer of the Board and the Regional Director-General of DFO Newfoundland and Labrador Region approve the annual Activity Report and the annual Work Plan, which are developed by the Implementation Committee. The Implementation Committee comprises staff representing the C-NLOPB and DFO.

This 2023 to 2024 Activity Report describes the areas of collaboration during fiscal year 2023 to 2024. It focuses on activities and deliverables identified in the 2023 to 2024 Work Plan. Most of these activities are conducted each year and are part of the routine, ongoing activities of both the C-NLOPB and DFO. Other activities, such as Environmental Effects Monitoring (EEM), are multi-year in nature and can be ongoing for several years. Additional information has been added to the status updates where key milestones or deliverables have been met/completed or activities were deferred.

Status of the 2023 to 2024 work plan initiatives

Initiative 1: Joint priority setting, planning, coordination and administration

• Lead: C-NLOPB, Regional Director General’s (RDG) Office
  • Activities/deliverables: Regular meetings of the executive committee will continue throughout 2023 to 2024 to discuss priorities and progress of the 2023 to 2024 work plan.
    • Status on March 31, 2024: Complete
• Lead: C-NLOPB, DFO - Fish and Fish Habitat Protection Plan (FFHPP) - Integrated Planning and Partnerships (IPP)
  • Activities/deliverables: DFO and the C-NLOPB will make the annual MOU 2023 to 2024 Work Plan publicly available on the C-NLOPB and DFO websites.
    • Status on March 31, 2024: Complete
    • Year-end summary: The document was posted to the DFO and C-NLOPB websites on June 28 2023.
  • Activities/deliverables: DFO and the C-NLOPB will make the 2022 to 2023 Activity Report publicly available on their websites.
    • Status on March 31, 2024: Complete
    • Year-end summary: The document was posted to the DFO and C-NLOPB website on November 08, 2023
  • Activities/deliverables: The implementation committee will meet to identify issues/areas requiring collaboration and identify anticipated projects for inclusion in the 2024 to 2025 Work Plan.
    • Status on March 31, 2024: Complete
  • Activities/deliverables: A joint 2024 to 2025 work plan will be developed for approval by DFO and the C-NLOPB.
    • Status on March 31, 2024: Complete

Initiative 2: Regulatory Activities

• Lead: C-NLOPB, DFO - Regulatory Review (RR)
  • Activities/deliverables: DFO will advise the C-NLOPB on Accord Act Environmental Assessments (EAs), EA amendments and EA validation reports.
    • Status on March 31, 2024: Active
    • Year-end summary: Ongoing. In 2023/24 DFO provided advice on:
      • Multiklient Invest Newfoundland Offshore Seismic Program, 2024 to 2028
      • Cenovus Energy West White Rose Project) Environmental Assessment Drill Cuttings Amendment
  • Activities/deliverables: DFO will advise the C-NLOPB and provide information pertaining to proponent compliance with relevant conditions as set out in Federal Impact Assessment (IA)/EA decision statements and/or the regulations respecting excluded physical activities (NL Offshore Exploratory Wells).
    • Status on March 31, 2024: Active
    • Year-end summary: Ongoing. In 2023/24 DFO provided advice on:
      • Eastern Newfoundland & Labrador Offshore Exploration Drilling Project EL 1169 (Persephone C-54 Well)
      • BP Newfoundland Orphan Basin Exploration Drilling Project
      • ExxonMobil Jeanne D'Arc Basin Exploration Drilling Project
      • Equinor Flemish Pass Exploration Drilling Project
  • Activities/deliverables: DFO will advise the C-NLOPB on Environmental Effects Monitoring (EEM) programs for Offshore petroleum development projects and revisions to existing EEM plans.
    • Status on March 31, 2024: Active
    • Year-end summary: Ongoing. 2022 EEM reports (White Rose, Hebron Platform, Hibernia Platform and Hibernia South Extension) were received in Q3 of Fiscal year 2023/24. The 2022 EEM report was reviewed and comments were provided to C-NLOPB in Q4 of Fiscal year 2023/24
• Lead: C-NLOPB, DFO - Species at Risk (SAR)
  • Activities/deliverables: DFO will inform and seek input from the C-NLOPB regarding the potential listing of marine species on Schedule 1 of SARA.
    • Status on March 31, 2024: Operational
    • Year-end summary: DFO informed the C-NLOPB of the consultations on the potential listing of Lumpfish, Harbour Porpoise (Northwest Atlantic population) and Ringed Seal

Initiative 3: Incident response and preparedness

• Lead: C-NLOPB, DFO - FFHPP Integrated Marine Response Planning (IMRP)
  • Activities/deliverables: DFO will continue to communicate with the C-NLOPB regarding National Environmental Emergencies Centre (NEEC) notifications related to potential pollution events so that appropriate actions can be coordinated if required.
    • Status on March 31, 2024: Operational
    • Year-end summary: The C-NLOPB will continue to communicate oil and gas industry incidents that are reported to it to DFO as necessary
  • Activities/deliverables: DFO will advise on operator incident avoidance, preparedness and response planning (for example, spill response plans, spill impact mitigation assessments and wildlife plans).
    • Status on March 31, 2024: Operational
    • Year-end summary: No activity to report during the 2023 to2024 fiscal year
  • Activities/deliverables: DFO will support and advise the C-NLOPB during operator-led spill response plan exercises.
    • Status on March 31, 2024: Operational
    • Year-end summary: DFO staff participated in Exercise Synergy 2023 conducted by Cenovus Energy

Initiative 4: Collaborative information exchange

• Lead: C-NLOPB, DFO - SAR
  • Activities/deliverables: DFO will notify the C-NLOPB of proposed or final postings of recovery documents on the SARA Public Registry.
    • Status on March 31, 2024: Operational
    • C-NLOPB was notified of the posting of the proposed recovery strategy on white shark in February 2024
• Lead: C-NLOPB DFO - Marine Planning and Conservation (MPC)
  • Activities/deliverables: The C-NLOPB and DFO will facilitate information exchange through participation in the Regional Oversight Committee on Oceans Management (ROCOM), the Canada-Newfoundland and Labrador Committee on Oceans Management (C-NLCOM) and associated working groups, which DFO coordinates.
    • Status on March 31, 2024: Operational
    • Year-end summary: The C-NLOPB participated in two ROCOM meetings and two CNLCOM meetings hosted by DFO. Updates from C-NLOPB included the proposed expansion of the board’s mandate to include the regulation of offshore renewable energy projects
  • Activities/deliverables: The C-NLOPB and DFO will meet as needed to facilitate the exchange of marine spatial planning-related information.
    • Status on March 31, 2024: Operational
    • Year-end summary: DFO staff met periodically with C-NLOPB to exchange marine spatial planning information including the use of the Canada Marine Planning Atlas (CMPA)
  • Activities/deliverables: The C-NLOPB and DFO will collaborate to ensure that respective marine spatial planning-related data on the Canada Marine Planning Atlas (CMPA) is current and relevant.
    • Status on March 31, 2024: Operational
    • Year-end summary: Oil and gas-related data in the CMPA was updated and formatted in consultation with the C-NLOPB in April 2023.
  • Activities/deliverables: DFO and the C-NLOPB will collaborate to develop and implement protocols to operationalize guidance for protecting cold-water corals and sponges from potential impacts relating to exploratory drilling in Other Effective Area-Based Conservation Measures (OECMs).
    • Status on March 31, 2024: Active
    • Year-end summary: DFO continues to work with the C-NLOPB to operationalize Regional Corals Guidance for British Petroleum’s Exploration Program in the Northeast Newfoundland Slope Marine Refuge. Feedback on all stages of British Petroleum’s Exploration Program in the Northeast Newfoundland Slope Marine Refuge (EL 1168) was completed in February 2024. DFO review and advice on upcoming exploratory drilling programs by ExxonMobil (EL 1169) and Equinor (EL 1156, SDL 1059) is ongoing
• Lead: C-NLOPB, DFO - RR/RM
  • Activities/deliverables: The CNLOPB will provide DFO with geophysical, geological, geotechnical or environmental program “mitigation and monitoring reports” to allow DFO to verify operator conformity with measures outlined in the “Statement of Canadian Practice with respect to the mitigation of seismic sound in the marine environment.”
    • Status on March 31, 2024: Operational
    • Year-end summary: There were no seismic programs in 2023 to 2024
• Lead: C-NLOPB, DFO - Impact Assessment and Major Projects (IAMP)/RM
  • Activities/deliverables: DFO will collaborate with the C-NLOPB to facilitate the provision of information and/or data for inclusion in semi-annual forecasts and reporting for submission to the NAFO Secretariat, and may include:
    • planned petroleum-related activities in the Canada-NL Offshore Area
    • notification of incidents on the water
    • notification of environmental incidents (e.g., spills and discharges)
    • notification of C-NLOPB Authorization Applications and Approvals
    • Status on March 31, 2024: Operational
    • Year-end summary: The semi-annual forecast was provided in October 2023
  • Activities/deliverables: DFO will provide the C-NLOPB with information and/or data about fishing activities in divisions of the NAFO Regulatory Area (NRA) (i.e., Vessel Monitoring System data, Vulnerable Marine Ecosystems (VME) closed to fishing activity), requested through the Information Exchange Arrangement, to inform petroleum-related activity planning in the NRA.
    • Status on March 31, 2024: Operational
    • Year-end Summary: Resource Management (RM) – DFO advised the C-NLOPB of the Northwest Atlantic Fisheries Organization (NAFO) decision to extend the effective period for four (4) NAFO Vulnerable Marine Ecosystems (VME) areas
• Lead: C-NLOPB, DFO-Science
  • Activities/Deliverables: DFO and the C-NLOPB will continue to collaborate and provide input into research objectives relevant to the C-NLOPB and the petroleum industry.
    • Status on March 31, 2024: Operational
    • Year-end Summary: Three field trips to investigate abandoned oil wells were conducted over the fall, 2023. The C-NLOPB was consulted and DFO continues to update partners, including the C-NLOPB. Research related to potential seismic effects on groundfish and the preliminary work on abandoned oil wells were presented to the Environmental Studies Research Fund (ESRF) and Canadian Association of Petroleum Producers (CAPP)

Status explanation

• Complete: Work was conducted and completed
• Active: Work was conducted but not completed and will continue next fiscal year
• Operational: Routine, ongoing activities of the C-NLOPB and DFO
• Deferred: Work was not conducted but will be carried out next fiscal year
• Cancelled: Work was not conducted and will not be carried out next fiscal year

Abbreviations

CAPP

Canadian Association of Petroleum Producers

CMPA

Canada Marine Planning Atlas

C-NLCOM

Canada-Newfoundland and Labrador Committee on Oceans Management

C-NLOPB

Canada-Newfoundland and Labrador Offshore Petroleum Board

DFO

Fisheries and Oceans Canada

EA

Environmental Assessments

EEM

Environmental Effects Monitoring

ESRF

Environmental Studies Research Fund

FFHPP

Fish and Fish Habitat Protection Plan

IAMP

Impact Assessment and Major Projects

IMRP

Integrated Marine Response Planning

IPP

Integrated Planning and Partnerships

MOU

Memorandum of Understanding

MPC

Marine Planning and Conservation

MSP

Marine Spatial Planning

NAFO

Northwest Atlantic Fisheries Organization

NEEC

National Environmental Emergency Centre

NRA

NAFO Regulatory Area

OECM

Other Effective Area-Based Conservation Measure

RDG

Regional Director General

RM

Resource Management

ROCOM

Regional Oversight Committee on Oceans Management

RR

Regulatory Review

SAR

Species at Risk

SARA

Species at Risk Act

VME

Vulnerable Marine Ecosystems

VMS

Vessel Monitoring System

Approvals

The undersigned approve the Annual Activities Report 2023-2024 as per the "Memorandum of understanding between the Canada-Newfoundland and Labrador Offshore Petroleum Board and Fisheries and Oceans Canada".