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

Marginal note:Publication of proposed regulations

• 154. (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under this Division shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to interested persons to make representations to the Federal Minister with respect thereto.

• Marginal note:Single publication required

  (2) No proposed regulation need be published more than once under subsection (1) whether or not it is altered or amended after such publication as a result of representations made by interested persons as provided in that subsection.

Marginal note:Equivalent standards and exemptions

• 155. (1) Subject to subsection (2), the Chief Safety Officer and Chief Conservation Officer may

  • (a) authorize the use of equipment, methods, measures or standards in lieu of any required by regulation where those Officers are satisfied that the use of that other equipment or those other methods, measures or standards would provide a level of safety, protection of the environment and conservation equivalent to that provided by compliance with the regulations; or

  • (b) grant an exemption from any regulatory requirement in respect of equipment, methods, measures or standards where those Officers are satisfied with the level of safety, protection of the environment and conservation that will be achieved without compliance with that requirement.

• Marginal note:One officer authorizations

  (2) The Chief Safety Officer alone may exercise the powers referred to in paragraph (1)(a) or (b) if the regulatory requirement referred to in that paragraph does not relate to protection of the environment or conservation, and the Chief Conservation Officer alone may exercise those powers if the regulatory requirement does not relate to safety.

• Marginal note:No contravention

  (3) No person contravenes the regulations if that person acts in compliance with an authorization or exemption under subsection (1) or (2).

Marginal note:Guidelines and interpretation notes

• 156. (1) The Board may issue and publish, in such manner as the Board deems appropriate, guidelines and interpretation notes with respect to the application and administration of sections 45, 142 and 143 and any regulations made under section 153.

• Marginal note:Deemed not to be statutory instruments

  (2) Guidelines and interpretation notes issued pursuant to subsection (1) shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act.

Marginal note:Definitions

• 157. (1) In this section,

  “marine installation or structure”

  « ouvrage en mer »

  “marine installation or structure” includes

  • (a) any ship, offshore drilling unit, production platform, subsea installation, pumping station, living accommodation, storage structure, loading or landing platform, and

  • (b) any other work or work within a class of works prescribed pursuant to paragraph (5)(a),

  but does not include any vessel that provides any supply or support services to a ship, installation, structure or work described in paragraph (a) or (b);

  “Nova Scotia social legislation”

  « lois sociales »

  “Nova Scotia social legislation” means the Labour Standards Code, Chapter 10 of the Statutes of Nova Scotia, 1972, as amended from time to time, the Occupational Health and Safety Act, Chapter 3 of the Statutes of Nova Scotia, 1985, as amended from time to time, the Trade Union Act, Chapter 19 of the Statutes of Nova Scotia, 1972, as amended from time to time, and the Workers’ Compensation Act, Chapter 65 of the Statutes of Nova Scotia, 1968, as amended from time to time.

• Marginal note:Application of Nova Scotia social legislation

  (2) The Nova Scotia social legislation and any regulations made thereunder apply on any marine installation or structure that is within the offshore area in connection with the exploration or drilling for or the production, conservation or processing of petroleum within the offshore area.

• Marginal note:Exemption

  (3) Notwithstanding subsection (2), any provision of any Act or regulation referred to in that subsection that is in relation to a matter in respect of which a regulation may be made under paragraph 153(1)(d), (m), (o) or (p) of this Act as it read before the coming into force of section 103 of An Act to amend the Oil and Gas Production and Conservation Act and other Acts in consequence thereof, or under any provision of this Act respecting occupational health or safety does not apply on marine installations or structures referred to in subsection (2) during such time as those installations or structures are within the offshore area in connection with a purpose referred to in that subsection.

• Marginal note:Non-application of certain provisions of the Canada Labour Code

  (4) Notwithstanding subsection 123(1) of the Canada Labour Code and any other Act of Parliament

  • (a) Parts II and III of the Canada Labour Code do not apply on any marine installation or structure referred to in subsection (2), and

  • (b) in respect of any marine installation or structure referred to in subsection (2) that is within the offshore area for the purpose of becoming, or that is, permanently attached to, permanently anchored to or permanently resting on the seabed or subsoil of the submarine areas of the offshore area,

    • (i) Part I of the Canada Labour Code does not apply, and

    • (ii) the Trade Union Act, Chapter 19 of the Statutes of Nova Scotia, 1972, as amended from time to time, applies

  during such time as the marine installation or structure is within the offshore area in connection with a purpose referred to in that subsection.

• Marginal note:Regulations

  (5) Subject to section 6, the Governor in Council may make regulations

  • (a) prescribing a work or a class of works for the purpose of the definition “marine installation or structure” in subsection (1); and

  • (b) prescribing, for the purpose of subsection (2), any Act of the Legislature of the Province or excluding any such Act from the application of that subsection.