Hibernia Development Project Act (S.C. 1990, c. 41)

Act current to 2014-08-05 and last amended on 2014-04-01. Previous Versions

Marginal note:Application of provincial laws
  •  (1) Subject to this section and to such modifications or additions, if any, as are prescribed, the laws of Newfoundland in relation to security interests, including laws in relation to the enforcement of any rights or obligations arising thereunder, apply in the offshore area.

  • Marginal note:Interpretation

    (2) The laws of Newfoundland referred to in subsection (1) shall be applied

    • (a) as if the offshore area formed part of the territory of the Province of Newfoundland; and

    • (b) notwithstanding that by their terms the application of those laws is limited to the Province of Newfoundland or a particular area of that Province.

  • Marginal note:Sums due to province

    (3) Any sum due to Her Majesty in right of the Province of Newfoundland under a law of Newfoundland that applies in the offshore area pursuant to this section belongs to Her Majesty in right of the Province of Newfoundland.

  • Marginal note:Regulations

    (4) The Governor in Council may make regulations

    • (a) restricting the application of subsection (1) to such laws of Newfoundland as are specified in the regulations;

    • (b) excluding any laws of Newfoundland from the application of subsection (1);

    • (c) prescribing such modifications or additions to the laws of Newfoundland that apply in the offshore area pursuant to this section as the Governor in Council considers necessary; and

    • (d) generally for carrying out the purposes and provisions of this section.

Marginal note:Limitation

 For greater certainty, the provisions of section 8 shall not be interpreted as providing a basis for any claim, by or on behalf of a province, in respect of any interest in or legislative jurisdiction over the offshore area or the living or non-living resources of the offshore area or as limiting the application of any federal law.

Jurisdiction of Courts

Marginal note:Jurisdiction of courts
  •  (1) A court has jurisdiction in respect of any matter that arises in whole or in part in the offshore area and to which a law applies pursuant to this Act if the court would have had jurisdiction had the matter arisen in the Province of Newfoundland.

  • Marginal note:Orders and powers

    (2) A court referred to in subsection (1) may make any order or exercise any power it considers necessary in respect of any matter referred to that subsection.

  • Marginal note:Saving

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

  • Marginal note:Definition of “court”

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