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

Act current to 2014-04-02 and last amended on 2013-12-01. Previous Versions

Marginal note:Transfer effective on registration

 A transfer of an interest or a share therein is not effective against the Crown prior to the registration of the transfer.

Marginal note:No restriction on rights of Board or Her Majesty

 For greater certainty, the registration of an instrument

  • (a) does not restrict or in any manner affect any right or power of the Board or of the Ministers under this Part, the regulations or the terms of any interest; and

  • (b) does not derogate from any proprietary right or any right to dispose of or exploit natural resources that Her Majesty in right of Canada has under this Act in respect of any portion of the offshore area.

Marginal note:No action for acts done in performance of official functions

 No action or other proceedings for damages shall be commenced against the Registrar or Deputy Registrar or anyone acting under the authority of the Registrar or Deputy Registrar for an act done or omission in good faith in the exercise of a power or the performance of a duty under this Division.

Marginal note:Regulations

 Subject to section 6, the Governor in Council may make regulations for carrying out the purposes and provisions of this Division and, without restricting the generality of the foregoing, may make regulations

  • (a) prescribing the powers, duties and functions of the Registrar and Deputy Registrar for the purposes of this Division and the time when, and manner and circumstances in which, they are to be exercised, and providing for the designation by the Board of any person or class of persons to exercise such powers and perform such duties and functions as may be specified in the regulations;

  • (b) governing the books, abstracts and indexes to be maintained as the register for the purposes of this Division and the particulars of interests, instruments and portions of the offshore area and the orders and declarations made in relation to interests to be recorded therein;

  • (c) governing the filing of copies of interests, registered instruments and other documents in the register established under this Division;

  • (d) governing public access to and searches of the register;

  • (e) prescribing fees for the registration of instruments, making copies and certified copies of documents, searches and any other services specified in the regulations for the purposes of this Division, and requiring such fees to be paid for such services; and

  • (f) prescribing any other matter or thing that is by this Division to be prescribed.

Division IXAdministration and Enforcement

Disclosure of Information

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

    “delineation well”

    « puits de délimitation »

    “delineation well” means a well that is so located in relation to another well penetrating an accumulation of petroleum that there is a reasonable expectation that another portion of that accumulation will be penetrated by the first-mentioned well and that the drilling is necessary in order to determine the commercial value of the accumulation;

    “development well”

    « puits d’exploitation »

    “development well” means a well that is so located in relation to another well penetrating an accumulation of petroleum that it is considered to be a well or part of a well drilled for the purpose of production or observation or for the injection or disposal of fluid into or from the accumulation;

    “engineering research or feasibility study”

    « recherches ou études techniques »

    “engineering research or feasibility study” includes work undertaken to facilitate the design or to analyse the viability of engineering technology, systems or schemes to be used in the exploration for or the development, production or transportation of petroleum in the offshore area;

    “environmental study”

    « études de l’environnement »

    “environmental study” means work pertaining to the measurement or statistical evaluation of the physical, chemical and biological elements of the lands, oceans or coastal zones, including winds, waves, tides, currents, precipitation, ice cover and movement, icebergs, pollution effects, flora and fauna both onshore and offshore, human activity and habitation and any related matters;

    “experimental project”

    « opération expérimentale »

    “experimental project” means work or activity involving the utilization of methods or equipment that are untried or unproven;

    “exploratory well”

    « puits d’exploration »

    “exploratory well” means a well drilled on a geological feature on which a significant discovery has not been made;

    “geological work”

    « travaux de géologie »

    “geological work” means work, in the field or laboratory, involving the collection, examination, processing or other analysis of lithological, paleontological or geochemical materials recovered from the surface or subsurface or the seabed or its subsoil of any portion of the offshore area and includes the analysis and interpretation of mechanical well logs;

    “geophysical work”

    « travaux de géophysique »

    “geophysical work” means work involving the indirect measurement of the physical properties of rocks in order to determine the depth, thickness, structural configuration or history of deposition thereof and includes the processing, analysis and interpretation of material or data obtained from such work;

    “geotechnical work”

    « travaux de géotechnique »

    “geotechnical work” means work, in the field or laboratory, undertaken to determine the physical properties of materials recovered from the surface or subsurface or the seabed or its subsoil of any portion of the offshore area;

    “well site seabed survey”

    « levé marin »

    “well site seabed survey” means a survey pertaining to the nature of the surface or subsurface or the seabed or its subsoil of any portion of the offshore area in the area of the proposed drilling site in respect of a well and to the conditions of those portions of the offshore area that may affect the safety or efficiency of drilling operations;

    “well termination date”

    « date d’abandon du forage »

    “well termination date” means the date on which a well or test hole has been abandoned, completed or suspended in accordance with any applicable regulations respecting the drilling for petroleum made under Part III.

  • Marginal note:Privilege

    (2) Subject to section 19 and this section, information or documentation provided for the purposes of this Part or Part III or any regulation made under either Part, whether or not such information or documentation is required to be provided under either Part or any regulation made thereunder, is privileged and shall not knowingly be disclosed without the consent in writing of the person who provided it except for the purposes of the administration or enforcement of either Part or for the purposes of legal proceedings relating to such administration or enforcement.

  • Marginal note:Idem

    (3) No person shall be required to produce or give evidence relating to any information or documentation that is privileged under subsection (2) in connection with any legal proceedings, other than proceedings relating to the administration or enforcement of this Part or Part III.

  • Marginal note:Registration of documents

    (4) For greater certainty, this section does not apply to a document that has been registered under Division VIII.

  • Marginal note:Information that may be disclosed

    (5) Subsection (2) does not apply to the following classes of information or documentation obtained as a result of carrying on a work or activity that is authorized under Part III, namely, information or documentation in respect of

    • (a) an exploratory well, where the information or documentation is obtained as a direct result of drilling the well and if two years have passed since the well termination date of that well;

    • (b) a delineation well, where the information or documentation is obtained as a direct result of drilling the well and if the later of

      • (i) two years since the well termination date of the relevant exploratory well, and

      • (ii) ninety days since the well termination date of the delineation well,

      have passed;

    • (c) a development well, where the information or documentation is obtained as a direct result of drilling the well and if the later of

      • (i) two years since the well termination date of the relevant exploratory well, and

      • (ii) sixty days since the well termination date of the development well,

      have passed;

    • (d) geological work or geophysical work performed on or in relation to any portion of the offshore area,

      • (i) in the case of a well site seabed survey where the well has been drilled, after the expiration of the period referred to in paragraph (a) or the later period referred to in subparagraph (b)(i) or (ii) or (c)(i) or (ii), according to whether paragraph (a), (b) or (c) is applicable in respect of that well, or

      • (ii) in any other case, after the expiration of five years following the date of completion of the work;

    • (e) any engineering research or feasibility study or experimental project, including geotechnical work, carried out on or in relation to any portion of the offshore area,

      • (i) where it relates to a well and the well has been drilled, after the expiration of the period referred to in paragraph (a) or the later period referred to in subparagraph (b)(i) or (ii) or (c)(i) or (ii), according to whether paragraph (a), (b) or (c) is applicable in respect of that well, or

      • (ii) in any other case, after the expiration of five years following the date of completion of the research, study or project or after the reversion of that portion of the offshore area to Crown reserve areas, whichever occurs first;

    • (f) any contingency plan formulated in respect of emergencies arising as a result of any work or activity authorized under Part III;

    • (g) diving work, weather observation or the status of operational activities or of the development of or production from a pool or field;

    • (g.1) accidents, incidents or petroleum spills, to the extent necessary to permit a person or body to produce and to distribute or publish a report for the administration of this Act in respect of the accident, incident or spill;

    • (h) any study funded from an account established under subsection 76(1) of the Canada Petroleum Resources Act, if the study has been completed; and

    • (i) an environmental study, other than a study referred to in paragraph (h),

      • (i) where it relates to a well and the well has been drilled, after the expiration of the period referred to in paragraph (a) or the later period referred to in subparagraph (b)(i) or (ii) or (c)(i) or (ii), according to whether paragraph (a), (b) or (c) is applicable in respect of that well, or

      • (ii) in any other case, if five years have passed since the completion of the study.

  • 1988, c. 28, s. 122;
  • 1992, c. 35, s. 87.