Marginal note:Jurisdiction of courts

• 220. (1) Every court in the Province has jurisdiction in respect of matters arising in the offshore area under this Part or Division VI of Part II or under any laws made applicable by this Part or that Division to the offshore area, to the same extent as the court has jurisdiction in respect of matters arising within its ordinary territorial division.

• Marginal note:Presumption

  (2) For the purposes of subsection (1), the offshore area shall be deemed to be within the territorial limits of the county of Halifax.

• Marginal note:Saving

  (3) Nothing in this section limits the jurisdiction that a court may exercise apart from this section.

• Marginal note:Definition of “court”

  (4) In this section, “court” includes a judge thereof and any provincial court judge or justice.

Marginal note:Regulations

221. The Governor in Council may, on the recommendation of the Minister of Finance, make regulations

• (a) excluding, for the purposes of this Act, any provision or any part thereof of the Nova Scotia Consumption Tax Acts, the Nova Scotia Income Tax Act, the Nova Scotia Insurance Premiums Tax Act or the Offshore Petroleum Royalty Act or of any regulation made thereunder that is inconsistent with this Act, the Accord or any bilateral or international treaty, convention or agreement respecting taxation, tariffs or trade to which the Government of Canada is a signatory; and

• (b) prescribing anything that is by this Part to be prescribed.

Marginal note:Appropriation

222. In respect of any fiscal year, the Federal Minister may pay out of the Consolidated Revenue Fund, at such times and in such manner as may be prescribed,

• (a) an amount to Her Majesty in right of the Province on account of amounts that have been refunded or reimbursed during that fiscal year by the Government of the Province to taxpayers in respect of taxes paid under this Part; and

• (b) amounts payable during that fiscal year to Her Majesty in right of the Province pursuant to paragraph 219(2)(b).

Marginal note:Definitions

• 223. (1) In this Part,

  “commencement of commercial production of petroleum”

  « début de la production commerciale d’hydrocarbures »

  “commencement of commercial production of petroleum” means the earlier of

  • (a) the date designated by the Federal Minister as the first day on which a volume of gas equal to four million cubic metres or a volume equivalent thereto of natural gas liquids or oil, as determined by the Minister of Finance in accordance with the regulations, has, during that day, flowed through the first sales meter for sale and delivery, and

  • (b) the date designated by the Provincial Minister;

  “first fiscal year of offshore production”

  « premier exercice de production extracôtière »

  “first fiscal year of offshore production” means, at the option of the Government of the Province, exercised by filing a notice in writing with the Federal Minister before the commencement of commercial production of petroleum in the offshore area,

  • (a) the earliest of

    • (i) the fiscal year beginning on the first day of April next following the day that is three years immediately following the commencement of commercial production of petroleum in the offshore area, and

    • (ii) any one of the three fiscal years immediately preceding the fiscal year referred to in subparagraph (a)(i), if a request for the designation of such year as the first fiscal year of offshore production is made in writing to the Federal Minister by the Provincial Minister prior to the beginning of such year, or

  • (b) the fiscal year beginning on the first day of April next following the commencement of commercial production of petroleum in the offshore area;

  “Fiscal Arrangements Act”

  « loi de 1977 »

  “Fiscal Arrangements Act” means the Federal-Provincial Fiscal Arrangements and Federal Post-Secondary Education and Health Contributions Act, 1977;

  “national average per capita fiscal capacity”

  « moyenne nationale »

  “national average per capita fiscal capacity” means the per capita fiscal capacity of all of the provinces;

  “offshore revenue”

  « recettes extracôtières »

  “offshore revenue”, in respect of any fiscal year, means the aggregate of amounts paid during that fiscal year to Her Majesty in right of the Province pursuant to paragraph 219(2)(b);

  “phase-in portion”

  « fraction progressive »

  “phase-in portion” means

  • (a) in respect of the first fiscal year of offshore production and, where applicable, the fiscal year immediately preceding the first fiscal year of offshore production, ten per cent,

  • (b) in respect of the first fiscal year following the first fiscal year of offshore production, twenty per cent,

  • (c) in respect of the second fiscal year following the first fiscal year of offshore production, thirty per cent,

  • (d) in respect of the third fiscal year following the first fiscal year of offshore production, forty per cent,

  • (e) in respect of the fourth fiscal year following the first fiscal year of offshore production, fifty per cent,

  • (f) in respect of the fifth fiscal year following the first fiscal year of offshore production, sixty per cent,

  • (g) in respect of the sixth fiscal year following the first fiscal year of offshore production, seventy per cent,

  • (h) in respect of the seventh fiscal year following the first fiscal year of offshore production, eighty per cent, and

  • (i) in respect of the eighth fiscal year following the first fiscal year of offshore production, ninety per cent;

  “province”

  « province »

  “province” does not include the Northwest Territories, Yukon or Nunavut.

• Marginal note:Determination of population

  (2) For the purposes of this Part, the population of a province for a fiscal year is the population of that province for that fiscal year, as determined for the purposes of Part I of the Fiscal Arrangements Act.