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

Act current to 2013-04-29 and last amended on 2009-12-15. Previous Versions

Application

Marginal note:Application

 This Part applies to every interest or right in petroleum acquired or vested before the coming into force of this section and is binding on Her Majesty in right of Canada or a province.

Transitional

Marginal note:Operating licences
  •  (1) Where an operating licence was issued under subsection 3.2(1) of the Oil and Gas Production and Conservation Act and is in force on the coming into force of this section, it shall be deemed to be an operating licence issued by the Board under this Part.

  • Marginal note:Authorizations and development plan approval

    (2) Where, prior to the coming into force of this section, authorization for any work or activity or approval of a development plan was given under subsection 3.2(1) of the Oil and Gas Production and Conservation Act or any regulation made under that Act, the authorization or approval shall be deemed to have been given by the Board under this Part.

PART IV

REVENUE SHARING

Interpretation

Marginal note:Definitions

 In this Part,

“Nova Scotia Consumption Tax Acts”

« lois sur l’impôt indirect »

“Nova Scotia Consumption Tax Acts” means the Health Services Tax Act, Chapter 126 of the Revised Statutes of Nova Scotia, 1967, as amended from time to time, the Gasoline and Diesel Oil Tax Act, Chapter 116 of the Revised Statutes of Nova Scotia, 1967, as amended from time to time, and any other Act of the Legislature of the Province, as amended from time to time, as may be prescribed;

“Nova Scotia Income Tax Act”

« loi sur l’impôt direct »

“Nova Scotia Income Tax Act” means the Income Tax Act, Chapter 134 of the Revised Statutes of Nova Scotia, 1967, as amended from time to time;

“Nova Scotia Insurance Premiums Tax Act”

« loi sur la taxation des primes d’assurance »

“Nova Scotia Insurance Premiums Tax Act” means the Insurance Premiums Tax Act, Chapter 149 of the Revised Statutes of Nova Scotia, 1967, as amended from time to time;

“Revenue Account”

« Compte de recettes »

“Revenue Account” means the account established under section 219.

Imposition of Consumption Taxes

Marginal note:Imposition of consumption taxes in offshore area
  •  (1) There shall be imposed, levied and collected under this Part in respect of the offshore area, in accordance with subsection (3), the taxes, interest, penalties and other sums that would be imposed, levied and collected under the Nova Scotia Consumption Tax Acts if the offshore area were in the land portion of the Province.

  • Marginal note:Exception

    (2) Notwithstanding subsection (1), where taxes are imposed in respect of any matter under any of the Nova Scotia Consumption Tax Acts and taxes would, but for this subsection, be imposed under subsection (1) in respect of that matter, no taxes shall be imposed under subsection (1) in respect of that matter.

  • Marginal note:Application of Nova Scotia legislation

    (3) Subject to this Act and the regulations, the Nova Scotia Consumption Tax Acts and any regulations made thereunder apply, with such modifications as the circumstances require, for the purposes of this Part and, without limiting the generality of the foregoing,

    • (a) a reference in those Acts to Her Majesty in right of the Province shall be deemed to be a reference to Her Majesty in right of Canada;

    • (b) a reference in those Acts to the Province of Nova Scotia or the Province shall be deemed to be a reference to the offshore area; and

    • (c) a reference in those Acts to the Minister responsible for the administration of any of those Acts or to the Provincial Tax Commissioner shall be deemed to be a reference to the Minister of Finance.

  • Marginal note:Binding on certain Crown corporations

    (4) This section is binding on

    • (a) the corporations mentioned in Schedule A to the Federal-Provincial Fiscal Arrangements and Federal Post-Secondary Education and Health Contributions Act, 1977, where the Province is a participating province within the meaning of subsection 34(1) of that Act; and

    • (b) the corporations mentioned in Schedule B to that Act.