Marginal note:Where no agreement on determination re security of supply
37 (1) Where the two Ministers fail to agree on a determination whether security of supply exists in respect of any period, the determination shall be made by a panel, constituted in accordance with section 47, within sixty days after the appointment of the chairperson of the panel unless, at any time prior to the determination by the panel, the two Ministers agree on the determination.
Marginal note:Determination not subject to review
(2) Where a determination referred to in subsection (1) is made by a panel pursuant to that subsection, that determination is final and binding and is not subject to appeal to, or review or setting aside by, any Minister, government, court or other body.
- 1988, c. 28, s. 37;
- 2014, c. 13, s. 91(E).
Marginal note:Supply shortfall
38 (1) Notwithstanding any other provision of this Act, nothing in this Act limits the powers of the Government of Canada in the event of a sudden domestic or import supply shortfall of suitable crude oil and equivalent substances or with respect to any other energy emergency.
Marginal note:Canada’s obligations under IEA
(2) Notwithstanding any other provision of this Act, where the Government of Canada has obligations with respect to the allocation of petroleum pursuant to the Agreement On An International Energy Program dated November 18, 1974, the Board shall, where authorized to do so by the Federal Minister and during the period that those obligations continue, take such measures as are necessary to comply with those obligations and as are fair and equitable in relation to other hydrocarbon producing regions of Canada.
Regional Security of Supply
Definition of shortfall of petroleum deliveries in the Province
(a) the end use consumption demands of all consumers in the Province;
(b) feedstock requirements of industrial facilities that are in place in the Province on January 31, 1986; and
(c) the feedstock requirements of any refining facility located in the Province that was not in place on January 31, 1986 if the feedstock requirements required to satisfy the demand of industrial capacity, as of January 31, 1986, in Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador have been met.
Marginal note:Notice by Provincial Minister to holders of production licences
(2) Where there is a shortfall of petroleum deliveries in the Province, the Provincial Minister may, after consulting with the Federal Minister, give notice to holders of production licences in the offshore area that the consumers and facilities referred to in paragraphs (1)(a), (b) and (c) that are specified in the notice have, during the term of the notice, the first option to acquire, on commercial terms, petroleum produced in the offshore area unless a sales contract with respect to that petroleum has been entered into prior to the giving of the notice.
Marginal note:Later contracts subject to notice
(3) Notwithstanding any other provision of this Act, any contract entered into after the giving of the notice referred to in subsection (2) shall be deemed to be varied or suspended to the extent necessary to give effect to that notice.
Marginal note:Term of notice
(4) The term of a notice given under subsection (2) is the period during which a shortfall of petroleum deliveries in the Province continues to exist.
Marginal note:Arbitration in case of dispute whether shortfall exists
(5) Where the Federal Minister or a holder of a production licence to whom a notice has been given under subsection (2) does not agree with the Provincial Minister that a shortfall of petroleum deliveries in the Province exists or continues to exist, the matter shall be referred to arbitration in the manner prescribed.
Marginal note:Notice ceases to have effect
(6) Where it is determined pursuant to arbitration that a shortfall of petroleum deliveries in the Province does not exist or continue to exist, the notice given under subsection (2) shall be deemed to be revoked and ceases to have effect on the date on which the determination is made.
(7) Subject to section 6, the Governor in Council may make regulations for carrying out the purposes and provisions of this section and, without limiting the generality of the foregoing, may make regulations
(a) defining the expression commercial terms or providing for arbitration to establish commercial terms in any particular case;
(b) governing, for the purposes of this section, arbitration and the making of arbitration orders and governing the enforcement of arbitration orders and appeals from those orders; and
(c) prescribing the manner of exercising a first option to acquire that is granted pursuant to a notice given under subsection (2).
- 1988, c. 28, s. 39;
- 2015, c. 4, s. 75.
Nova Scotia Trunkline
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.
(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.
(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
(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:Occupational health and safety directives
(2) The Federal Minister, on the recommendation of the Minister of Labour, and the minister of the government of the Province who is responsible for occupational health and safety, may jointly issue written directives in relation to
Marginal note:Directives of either Minister
(3) If 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 under 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 under section 43, issue to the Board a written directive to specify those portions of the offshore area in a call for bids made under Part II.
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
- 1988, c. 28, s. 41;
- 1993, c. 47, s. 12;
- 2014, c. 13, s. 61.
- Date modified: