Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (S.C. 1988, c. 28)

Marginal note:Definition of “Nova Scotia trunkline”

• 40. (1) In this section, “Nova Scotia trunkline” means a trunkline for the transmission of petroleum in the offshore area or from the offshore area to and within the Province, and includes all tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio, and real and personal property connected therewith that are located within the Province or the offshore area, but does not include laterals, gathering lines, flow lines, structures, or facilities for the production and processing of petroleum.

• Marginal note:Certificate

  (2) No certificate of public convenience and necessity shall be issued pursuant to Part III of the National Energy Board Act in respect of a Nova Scotia trunkline, unless the National Energy Board is satisfied that the Government of Nova Scotia has been given a reasonable opportunity to acquire on a commercial basis at least fifty per cent, or such lesser percentage as the Government proposes to acquire as a result of the opportunity, ownership interest in the trunkline.

• Marginal note:Authorization

  (3) Where a certificate referred to in subsection (2) is not required in respect of a Nova Scotia trunkline, no authorization shall be issued under paragraph 142(1)(b) in respect of that trunkline, unless the Board is satisfied that the Government of Nova Scotia has been given a reasonable opportunity to acquire on a commercial basis at least fifty per cent, or such lesser percentage as the Government proposes to acquire as a result of the opportunity, ownership interest in the trunkline.

Marginal note:Directives issued jointly by both Ministers

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

  • (a) fundamental decisions;

  • (b) Canada-Nova Scotia benefits plans and any provisions thereof;

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

  • (d) studies to be conducted by the Board; and

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

• Marginal note:Directives of either Minister

  (2) Where a request is received during any calendar year by the Board or the Federal Minister or the Provincial Minister to make a call for bids pursuant to Part II in relation to particular portions of the offshore area, the Federal Minister or the Provincial Minister may, after having reviewed the plan of the anticipated decisions of the Board during the calendar year submitted pursuant to section 43, issue to the Board a written directive to specify those portions of the offshore area in a call for bids made pursuant to Part II.

• (3) [Repealed, 1993, c. 47, s. 12]

• Marginal note:Directives of Provincial Minister

  (4) The Provincial Minister may issue to the Board written directives with respect to any fundamental decision relating to the Bay of Fundy or Sable Island.

• Marginal note:Directives binding

  (5) The Board shall comply with any directive issued under this section.

• Marginal note:Directives deemed not to be statutory instruments

  (6) Directives issued under this section shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act.