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

Act current to 2016-05-12 and last amended on 2016-02-27. Previous Versions

Marginal note:Extension of time

 Where an exploration licence required to be negotiated under section 133 or 134 cannot be negotiated within the period provided in those sections for any reason not attributable to the interest owner, the Board shall extend that period to allow for such negotiation within a reasonable time.

Marginal note:Consolidated exploration licence
  •  (1) One or more interest owners of former permits, former special renewal permits, former exploration agreements or former leases may, for the purposes of complying with subsection 133(1) or 134(1), negotiate together a single exploration licence that would consolidate any number or combination of such interests held by those interest owners.

  • Marginal note:Terms and conditions of exploration licence

    (2) Subject to sections 32 to 37, an exploration licence negotiated pursuant to subsection (1) shall contain any terms and conditions that may be agreed on by the Board and the interest owners thereof.

Marginal note:Crown share abrogated

 For greater certainty, the reservation to Her Majesty in right of Canada of a Crown share in any interest granted or entered into under the Canada Oil and Gas Act prior to the coming into force of this section is abrogated as of the day this section comes into force.

PART IIIPetroleum Operations

Interpretation

Marginal note:Definitions

 In this Part,

Chief Conservation Officer

délégué à l’exploitation

Chief Conservation Officer means the person designated as the Chief Conservation Officer pursuant to section 144; (délégué à l’exploitation)

Chief Safety Officer

délégué à la sécurité

Chief Safety Officer means the person designated as the Chief Safety Officer pursuant to section 144; (délégué à la sécurité)

Committee

Comité

Committee means the Oil and Gas Committee established pursuant to section 145; (Comité)

lease

concession

lease means an oil and gas lease issued pursuant to regulations made in accordance with the Territorial Lands Act and the Public Lands Grants Act and includes a production licence issued under Part II; (concession)

permit

permis

permit means an exploratory oil and gas permit issued pursuant to regulations made in accordance with the Territorial Lands Act and the Public Lands Grants Act and includes an exploration agreement entered into under the Canada Oil and Gas Land Regulations and any exploration agreement or licence that is subject to Part II; (permis)

pipeline

pipe-line

pipeline means any pipe or any system or arrangement of pipes by which petroleum or water incidental to the drilling for or production of petroleum is conveyed from any wellhead or other place at which it is produced to any other place, or from any place where it is stored, processed or treated to any other place, and includes all property of any kind used for the purpose of, or in connection with or incidental to, the operation of a pipeline in the gathering, transporting, handling and delivery of petroleum and, without restricting the generality of the foregoing, includes offshore installations or vessels, tanks, surface reservoirs, pumps, racks, storage and loading facilities, compressors, compressor stations, pressure measuring and controlling equipment and fixtures, flow controlling and measuring equipment and fixtures, metering equipment and fixtures, and heating, cooling and dehydrating equipment and fixtures, but does not include any pipe or any system or arrangement of pipes that constitutes a distribution system for the distribution of gas to ultimate consumers; (pipe-line)

well

puits

well means any opening in the ground (not being a seismic shot hole) that is made, is to be made or is in the process of being made, by drilling, boring or other method,

  • (a) for the production of petroleum,

  • (b) for the purpose of searching for or obtaining petroleum,

  • (c) for the purpose of obtaining water to inject into an underground formation,

  • (d) for the purpose of injecting gas, air, water or other substance into an underground formation, or

  • (e) for any purpose, if made through sedimentary rocks to a depth of at least one hundred and fifty metres. (puits)

  • 1988, c. 28, s. 138;
  • 1992, c. 35, s. 91.

Purpose

Marginal note:Purpose

 The purpose of this Part is to promote, in respect of the exploration for and exploitation of petroleum,

  • (a) safety, particularly by encouraging persons exploring for and exploiting petroleum to maintain a prudent regime for achieving safety;

  • (b) the protection of the environment;

  • (b.1) accountability in accordance with the “polluter pays” principle;

  • (c) the conservation of petroleum resources; and

  • (d) joint production arrangements.

  • 1992, c. 35, s. 92;
  • 2015, c. 4, s. 84.

Application

Marginal note:Application

 This Part applies in respect of the exploration and drilling for and the production, conservation, processing and transportation of petroleum in those portions of the offshore area not within the Province.

Oil and Gas Administration Advisory Council

Marginal note:Designation

 The Provincial Minister may designate one of the members of the Oil and Gas Administration Advisory Council established by the Canada Oil and Gas Operations Act.

  • 1992, c. 35, s. 93.

Offshore Oil and Gas Training Standards Advisory Board

Marginal note:Approval

 The Provincial Minister may approve the establishment of the Offshore Oil and Gas Training Standards Advisory Board by the federal Ministers pursuant to subsection 5.5(1) of the Canada Oil and Gas Operations Act.

  • 1992, c. 35, s. 93.

Prohibition

Marginal note:Prohibition

 No person shall carry on any work or activity related to the exploration or drilling for or the production, conservation, processing or transportation of petroleum in the offshore area unless

  • (a) that person is the holder of an operating licence issued under paragraph 142(1)(a);

  • (b) that person is the holder of an authorization issued, before the commencement of operations, under paragraph 142(1)(b) for each such work or activity; and

  • (c) where it is required, that person is authorized or entitled to carry on business in the place where that person proposes to carry on the work or activity.

  • 1988, c. 28, s. 140;
  • 1992, c. 35, s. 94.
Marginal note:Prohibition — Sable Island National Park Reserve of Canada

 No person shall carry on any work or activity related to the drilling for petroleum, including exploratory drilling for petroleum, in Sable Island National Park Reserve of Canada or within one nautical mile seaward of its low-water mark.

  • 2013, c. 28, s. 6.
Marginal note:Jointly issued notice — prohibition
  •  (1) The Federal Minister and the Provincial Minister may jointly issue a written notice prohibiting, for a period beginning on the day specified in the notice and ending on December 31, 2022, the exploration and drilling for and the production, conservation and processing of petroleum in that portion of the offshore area described in Schedule IV, and the transportation of petroleum produced in that portion of the offshore area.

  • Marginal note:Further period

    (2) The Federal Minister and the Provincial Minister may jointly issue one or successive written notices, after a review of the environmental and socio-economic impact of exploration and drilling activities in that portion of the offshore area described in Schedule IV and any other relevant factor, each extending the prohibition established in subsection (1) in all or any part of that portion of the offshore area for a specified period of no more than 10 years.

  • Marginal note:Prohibition

    (3) No person shall, for the duration of the period specified in a written notice issued under subsection (1) or (2), engage in the activities listed in subsection (1) in that portion of the offshore area described in Schedule IV or in any part of it that is specified in the notice.

  • 1988, c. 28, s. 141;
  • 2014, c. 13, s. 91(E);
  • 2015, c. 39, s. 3.
 
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