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

Act current to 2014-09-15 and last amended on 2010-04-01. Previous Versions

Jurisdiction of Courts

Marginal note:Jurisdiction of courts
  •  (1) Every court in the Province has jurisdiction in respect of matters arising in the offshore area under this Part or Division VI of Part II or under any laws made applicable by this Part or that Division to the offshore area, to the same extent as the court has jurisdiction in respect of matters arising within its ordinary territorial division.

  • Marginal note:Presumption

    (2) For the purposes of subsection (1), the offshore area shall be deemed to be within the territorial limits of the judicial centre of St. John’s.

  • Marginal note:Saving

    (3) Nothing in this section limits the jurisdiction that a court may exercise apart from this section.

  • Definition of “court”

    (4) In this section, “court” includes a judge thereof and any provincial court judge or justice.

Regulations

Marginal note:Regulations

 The Governor in Council may, on the recommendation of the Minister of Finance, make regulations

  • (a) excluding, for the purposes of this Act, any provision or any part thereof of the Newfoundland Consumption Tax Acts, the Newfoundland Income Tax Act, the Newfoundland Insurance Companies Tax Act or the Petroleum and Natural Gas Act or of any regulation made thereunder that is inconsistent with this Act, the Atlantic Accord or any bilateral or international treaty, convention or agreement respecting taxation, tariffs or trade to which the Government of Canada is a signatory; and

  • (b) prescribing anything that is by this Part to be prescribed.

Appropriation

Marginal note:Appropriation

 In respect of any fiscal year, the Federal Minister may pay out of the Consolidated Revenue Fund, at such times and in such manner as may be prescribed,

  • (a) an amount to Her Majesty in right of the Province on account of amounts that have been refunded or reimbursed during that fiscal year by the Government of the Province to taxpayers in respect of taxes paid under this Part; and

  • (b) amounts payable during that fiscal year to Her Majesty in right of the Province pursuant to paragraph 214(2)(b).

PART VFISCAL EQUALIZATION OFFSET PAYMENTS AND DETERMINATION OF PER CAPITA FISCAL CAPACITY

Interpretation

Marginal note:Definitions
  •  (1) In this Part,

    “Federal Minister”

    « ministre »

    “Federal Minister” means the Minister of Finance;

    “first fiscal year of offshore production”

    « premier exercice de production extracôtière »

    “first fiscal year of offshore production” means the fiscal year beginning on the first day of April immediately following the day on which the cumulative volume of production in the offshore area, measured as having flowed through the first sales meter, has reached an amount equal to 2,400,000 cubic metres of oil or a volume of gas or of a combination of oil and gas that is the energy equivalent thereto, as determined by the Minister of Natural Resources, in accordance with the regulations;

    “Fiscal Arrangements Act”

    « loi de 1977 »

    “Fiscal Arrangements Act” means the Federal-Provincial Fiscal Arrangements and Federal Post-Secondary Education and Health Contributions Act, 1977;

    “national average per capita fiscal capacity”

    « moyenne nationale »

    “national average per capita fiscal capacity” means the per capita fiscal capacity of all of the provinces;

    “phase-out portion”

    « fraction dégressive »

    “phase-out portion” means

    • (a) in respect of the first fiscal year of offshore production and each of the first three fiscal years following the first fiscal year of offshore production, ninety per cent,

    • (b) in respect of the fourth fiscal year following the first fiscal year of offshore production, eighty per cent,

    • (c) in respect of the fifth fiscal year following the first fiscal year of offshore production, seventy per cent,

    • (d) in respect of the sixth fiscal year following the first fiscal year of offshore production, sixty per cent,

    • (e) in respect of the seventh fiscal year following the first fiscal year of offshore production, fifty per cent,

    • (f) in respect of the eighth fiscal year following the first fiscal year of offshore production, forty per cent,

    • (g) in respect of the ninth fiscal year following the first fiscal year of offshore production, thirty per cent,

    • (h) in respect of the tenth fiscal year following the first fiscal year of offshore production, twenty per cent, and

    • (i) in respect of the eleventh fiscal year following the first fiscal year of offshore production, ten per cent;

    “province”

    « province »

    “province” does not include the Northwest Territories, Yukon or Nunavut.

  • Marginal note:Determination of population

    (2) For the purposes of this Part, the population of a province for a fiscal year is the population of that province for that fiscal year, as determined for the purposes of Part I of the Fiscal Arrangements Act.

  • 1987, c. 3, s. 218;
  • 1993, c. 28, s. 78;
  • 1994, c. 41, s. 37;
  • 1998, c. 15, s. 18;
  • 2002, c. 7, s. 109(E).