Canada-Newfoundland Atlantic Accord Implementation Act (S.C. 1987, c. 3)

Marginal note:Ministerial directives

• 42. (1) The Federal Minister and the Provincial Minister may jointly issue to the Board written directives in relation to

  • (a) fundamental decisions;

  • (b) decisions made by the Board respecting the exercise of a power pursuant to paragraph 56(1)(b);

  • (c) public reviews conducted pursuant to section 44;

  • (d) Canada-Newfoundland benefits plans and any of the provisions thereof; and

  • (e) studies to be conducted by the Board and advice with respect to policy issues to be given by the Board to the Federal Minister and the Provincial Minister.

• Marginal note:Directives binding

  (2) The Board shall comply with a directive issued under subsection (1).

• Marginal note:Directives deemed not to be statutory instruments

  (3) Directives issued under subsection (1) shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act.

• Marginal note:Notice in Canada Gazette

  (4) Where a directive is issued under subsection (1), a notice shall be published in the Canada Gazette that the directive has been issued and that the text thereof is available for inspection by any person on request made to the Board.

Marginal note:Plan for interests

• 43. (1) During the first month of each calendar year, the Board shall submit to the Federal Minister and the Provincial Minister a plan outlining the anticipated decisions of the Board during that calendar year respecting the making of calls for bids pursuant to Part II with respect to interests to be issued in relation to portions of the offshore area and the issuance and terms and conditions of such interests.

• Marginal note:Revised plan

  (2) Where the Minister having authority in relation to fundamental decisions, as determined under subsection 34(1) or (4), is of the opinion that a plan referred to in subsection (1) does not provide adequately for the attainment or maintenance of self-sufficiency and security of supply within the meaning of section 33, that Minister may reject the plan and where that Minister does so, shall inform the Board of the reasons for so doing.

• Marginal note:Idem

  (3) Where the Board is informed of a Minister’s rejection of its plan and the reasons therefor, the Board shall, within sixty days after being so informed, prepare a revised plan outlining the anticipated decisions of the Board referred to in subsection (1), taking into account those reasons, and submit the revised plan to the Federal Minister and the Provincial Minister.

• Marginal note:Application of subsections (2) and (3) to revised plan

  (4) Subsections (2) and (3) apply, with such modifications as the circumstances require, with respect to a revised plan submitted pursuant to subsection (3).