On May 3, 2018, the C-NLOPB gave permission to Suncor to resume drilling operations with the MODU Transocean Barents. C-NLOPB staff were satisfied with the measures that Suncor took and were also satisfied that the incident was not the result of equipment failure and that Suncor’s actions allowed the resumption of operations.

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On May 11, 2018 Suncor provided its Preliminary Incident Investigation Report to the C-NLOPB. On the basis of the information about the incident that was confirmed in this report, the C-NLOPB issued a Notice of Non-Compliance to Suncor.

As C-NLOPB said:

Pursuant to subsection 160(1) of the federal Accord Act the discharge of SBM constitutes a spill. It is the finding of the C-NLOPB’s Chief Conservation Officer, based upon a review of the Suncor Preliminary Incident Investigation Report, that a spill occurred contrary to subsection 161(1) of the Accord Act.

The C-NLOPB started its own formal investigation based upon these findings. The matter will remain open until the C-NLOPB reviews the findings of the C-NLOPB Enquiry Team investigation, and decide if further action is required. The C-NLOPB will report publish its report once the investigation over.

As a result, the C-NLOPB has notified the Suncor that further incidents of non-compliance could lead the C-NLOPB to consider additional enforcement measures, such as:

Suspension or revocation of the Operator’s authorization under subsection 138(5);

Initiation of prosecution under subsection 194(1).