Energy Safety and Security Act (S.C. 2015, c. 4)
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Assented to 2015-02-26
PART 1MODERNIZING CANADA’S OFFSHORE OIL AND GAS OPERATIONS REGIME
1988, c. 28Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act
103. Subsection 217(2) of the French version of the Act is replaced by the following:
Marginal note:Trésor
(2) Dès que possible après leur perception ou réception par l’Office sous le régime du présent article, les montants sont déposés au crédit du receveur général et versés au Trésor selon les modalités prévues, par règlement, par le Conseil du Trésor conformément à la Loi sur la gestion des finances publiques.
Marginal note:1993, c. 28, s. 78, Sch. III, s. 8.3 and 1998, c. 15, s. 18; 2002, c. 7, s. 110(E)
104. Parts V and VI of the Act are repealed.
105. Subsection 246(2) of the Act is repealed.
106. Subsection 247(5) of the Act is replaced by the following:
Marginal note:Exception
(5) If the per capita fiscal capacity of the Province in respect of any fiscal year is equal to or greater than the national average per capita fiscal capacity in respect of that fiscal year, no payment shall be made under subsection (1) in respect of that fiscal year. The per capita fiscal capacity of the Province and the national average per capita fiscal capacity shall be determined in accordance with section 247.1.
107. The Act is amended by adding the following after section 247:
Marginal note:Definitions
247.1 (1) The following definitions apply in this section.
“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.
“province”
« province »
“province” does not include Yukon, the Northwest Territories or Nunavut.
Marginal note:Per capita fiscal capacity of Province and national average
(2) For the purposes of subsection 247(5), the per capita fiscal capacity of the Province and the national average per capita fiscal capacity in respect of any fiscal year shall be determined by the Minister of Finance by dividing the aggregate of the estimated revenues of the Province or of all provinces, as the case may be, in respect of the fiscal year, as determined in accordance with subsection (3), by the population of the Province or of all provinces, as the case may be, in respect of the fiscal year.
Marginal note:Estimated revenues
(3) The aggregate of the estimated revenues of the Province or of all provinces, as the case may be, in respect of any fiscal year shall be determined by
(a) describing the sources from which are or may be derived the aggregate of the following revenues, namely:
(i) the aggregate of the revenues derived by all provinces in respect of the fiscal year from all sources described in the definition “revenue source” in subsection 4(2) of the Fiscal Arrangements Act as it read on April 1, 1982,
(ii) the aggregate of the revenues that are
(A) derived by all municipalities, boards, commissions and other local authorities from the sources described in paragraphs (z) and (bb) of the definition “revenue source” in subsection 4(2) of the Fiscal Arrangements Act as it read on April 1, 1982, and
(B) deemed by virtue of subsection 4(5) of the Fiscal Arrangements Act as it read on April 1, 1982 to be derived by a province in respect of the fiscal year, and
(iii) the aggregate of the revenues derived by all provinces in respect of the fiscal year and by all municipalities, boards, commissions and other local authorities in respect of their financial years ending in the fiscal year that
(A) are not included in subparagraph (i) or (ii), and
(B) are included in the computation of fiscal equalization payments for the fiscal year under the Fiscal Arrangements Act;
as those sources are described in the definition “revenue source” in subsection 4(2) of the Fiscal Arrangements Act, varying the description of such sources to take into account the changes and factors referred to in subsection (4);
(b) defining the expression “revenue base”, in respect of each distinct source described in paragraph (a), for a province in respect of the fiscal year, that relates to the measure of the relative capacity of the province to derive revenue from that source for that fiscal year,
(i) as that expression is defined in respect of that source, in section 6 of the Federal-Provincial Fiscal Arrangements and Established Programs Financing Regulations, 1982, and
(ii) varying that definition to take into account the changes and factors referred to in subsection (4);
(c) estimating the amount of each revenue base defined in paragraph (b), in respect of each source described in paragraph (a), for the Province or all provinces, as the case may be, for the fiscal year;
(d) estimating the amount of the revenues of the Province or all provinces, as the case may be, in respect of each source described in paragraph (a) for the fiscal year by multiplying
(i) the national average rate of tax for the fiscal year in respect of that source, and
(ii) the amount of the revenue base estimated under paragraph (c) in respect of that source for the Province or all provinces, as the case may be, for the fiscal year; and
(e) adding the amounts of the revenues of the Province or of all provinces, as the case may be, estimated under paragraph (d) in respect of all sources described in paragraph (a).
Marginal note:Changes and factors
(4) For the purposes of paragraph (3)(a) and subparagraph (3)(b)(ii), the following changes and factors should be taken into account, namely,
(a) changes in any laws of a province relating to taxation that apply in respect of fiscal years subsequent to the fiscal year beginning on April 1, 1982;
(b) changes to improve the accuracy of comparisons among provinces of relative capacity to derive revenue from any source described in paragraph (3)(a);
(c) changes made by statistical agencies to statistical data or methods used to measure the relative capacities of provinces to derive revenue from any such source; and
(d) any other factors that, in the opinion of the Minister of Finance, are relevant to the circumstances.
Marginal note:Average rate of tax
(5) For the purposes of paragraph (3)(d) the national average rate of tax for a fiscal year in respect of a source is the quotient obtained by dividing
(a) the aggregate of the total revenues, as determined by the Minister of Finance, derived by all provinces for the fiscal year from that source, whether or not the total revenues or any portion thereof are included in the computation of the fiscal equalization payments to provinces for the fiscal year under Part I of the Fiscal Arrangements Act
by
(b) the revenue base estimated under paragraph (3)(c) in respect of that source for all provinces for that fiscal year.
Marginal note:Determination of population
(6) For the purposes of this section, 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.
Marginal note:Terminology
108. Schedule IV to the French version of the Act is amended by replacing “Règlement sur les terres pétrolifères et gazéifères du Canada” in the bracketed text under the heading “LIMITES DE LA PARTIE DE LA ZONE EXTRACÔTIÈRE MENTIONNÉE AUX ARTICLES 104 ET 141” with “Règlement sur les terres pétrolifères et gazifères du Canada”.
109. The Act is amended by adding, after Schedule IV, the Schedules V and VI set out in Schedule 3 to this Act.
Consequential Amendments
2005, c. 30, s. 85Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act
110. The definition “fiscal equalization offset payment” in section 4 of the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act is repealed.
111. (1) The formula in section 8 of the Act is replaced by the following:
A – B
(2) Section 8 of the Act is amended by adding “and” at the end of the description of A, by striking out “and” at the end of the description of B and by repealing the description of C.
112. Section 11 of the Act is repealed.
113. The definition “fiscal equalization offset payment” in section 18 of the Act is repealed.
114. (1) The formula in section 22 of the Act is replaced by the following:
A – B
(2) Section 22 of the Act is amended by adding “and” at the end of the description of A, by striking out “and” at the end of the description of B and by repealing the description of C.
115. Section 25 of the Act is repealed.
2007, c. 35Budget and Economic Statement Implementation Act, 2007
116. Section 174 of the Budget and Economic Statement Implementation Act, 2007 is repealed.
Coordinating Amendments
Marginal note:Bill C-5
117. (1) Subsections (2) to (31) apply if Bill C-5, introduced in the 2nd session of the 41st Parliament and entitled the Offshore Health and Safety Act (in this section referred to as the “other Act”), receives royal assent.
(2) If section 3 of the other Act comes into force before section 37 of this Act, then that section 37 and the heading before it are replaced by the following:
Marginal note:1987, c. 3
Canada–Newfoundland and Labrador Atlantic Accord Implementation Act37. Section 2 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act is amended by adding the following in alphabetical order:
“spill-treating agent”
« agent de traitement »
“spill-treating agent”, except in section 161.5, means a spill-treating agent that is on the list established under section 14.2 of the Canada Oil and Gas Operations Act.
(3) If section 3 of the other Act comes into force on the same day as section 37 of this Act, then that section 3 is deemed to have come into force before that section 37, and subsection (2) applies as a consequence.
(4) If section 5 of the other Act comes into force before section 38 of this Act, then that section 38 is replaced by the following:
38. Subsection 7(1) of the Act is replaced by the following:
Marginal note:Provincial Minister’s approval
7. (1) Before a regulation is made under subsection 5(1), section 29.1, subsection 41(7), section 64, subsection 67(2), section 118, subsection 122(1), 125(1), 149(1), 162(2.3), 163(1.02) or 202.01(1) or section 203, the Federal Minister shall consult the Provincial Minister with respect to the proposed regulation and the regulation shall not be made without the Provincial Minister’s approval.
(5) If section 38 of this Act comes into force before section 5 of the other Act, then, on the day on which that section 5 comes into force, subsection 7(1) of chapter 3 of the Statutes of Canada, 1987, is replaced by the following:
Marginal note:Provincial Minister’s approval
7. (1) Before a regulation is made under subsection 5(1), section 29.1, subsection 41(7), section 64, subsection 67(2), section 118, subsection 122(1), 125(1), 149(1), 162(2.3), 163(1.02) or 202.01(1) or section 203, the Federal Minister shall consult the Provincial Minister with respect to the proposed regulation and the regulation shall not be made without the Provincial Minister’s approval.
(6) If section 5 of the other Act comes into force on the same day as section 38 of this Act, then that section 38 is deemed to have come into force before that section 5, and subsection (5) applies as a consequence.
(7) On the first day on which both section 5 of the other Act and subsection 54(5) of this Act are in force, subsection 149(3) of chapter 3 of the Statutes of Canada, 1987, is replaced by the following:
Marginal note:Spill-treating agents
(3) Regulations made under subsection (1) respecting a spill-treating agent shall, in addition to the requirements set out in subsection 7(1), be made on the recommendation of the Federal Minister and the Minister of the Environment.
(8) If subsection 22(3) of the other Act comes into force before subsection 50(2) of this Act, then, on the day on which that subsection 50(2) comes into force, paragraph 138(5)(a) of chapter 3 of the Statutes of Canada, 1987, is replaced by the following:
(a) a requirement, approval or deposit, determined by the Board in accordance with the provisions of this Part or Part III.1 or granted or prescribed by regulations made under either of those Parts, subject to which the licence or authorization was issued;
(9) If subsection 50(2) of this Act comes into force before subsection 22(3) of the other Act, then that subsection 22(3) is replaced by the following:
(3) Paragraph 138(5)(a) of the Act is replaced by the following:
(a) a requirement, approval or deposit, determined by the Board in accordance with the provisions of this Part or Part III.1 or granted or prescribed by regulations made under either of those Parts, subject to which the licence or authorization was issued;
(3.1) Paragraph 138(5)(b) of the Act is replaced by the following:
(b) a requirement undertaken in a declaration referred to in subsection 139.1(1);
(10) If subsection 50(2) of this Act comes into force on the same day as subsection 22(3) of the other Act, then that subsection 22(3) is deemed to have come into force before that subsection 50(2), and subsection (8) applies as a consequence.
(11) If subsection 22(4) of the other Act comes into force before subsection 50(3) of this Act, then, on the day on which that subsection 50(3) comes into force, paragraph 138(5)(c) of the English version of chapter 3 of the Statutes of Canada, 1987, is replaced by the following:
(c) subsection 139.1(3), 139.2(2), 162.1(4) or (5) or 163(1.1), (1.2) or (5);
(12) If subsection 22(4) of the other Act comes into force on the same day as subsection 50(3) of this Act, then that subsection 50(3) is deemed to have come into force before that subsection 22(4).
(13) On the first day on which both subsection 194(3) of chapter 3 of the Statutes of Canada, 1987, as enacted by subsection 39(3) of the other Act, and subsection 194(3) of chapter 3 of the Statutes of Canada, 1987, as enacted by subsection 64 of this Act, are in force, subsection 194(3) of chapter 3 of the Statutes of Canada, 1987, as enacted by subsection 39(3) of the other Act, is renumbered as subsection 194(4.4) and is repositioned accordingly if required.
(14) On the first day on which both section 40 of the other Act and section 65 of this Act are in force,
(a) sections 195.2 to 195.5 of chapter 3 of the Statutes of Canada, 1987, are repealed; and
(b) subsection 196(1) of chapter 3 of the Statutes of Canada, 1987, is replaced by the following:
Marginal note:Order of court
196. (1) If a person is found guilty of an offence under this Part, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, in addition to any other punishment that may be imposed under this Part, make an order that has any or all of the following effects:
(a) prohibiting the offender from committing an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence;
(b) directing the offender to take any action that the court considers appropriate to remedy or avoid any harm to the environment that results or may result from the act or omission that constituted the offence;
(c) directing the offender to take any measures that the court considers appropriate to avoid any injury or damage that may result from the act or omission that constituted the offence, or to remedy any injury or damage resulting from it;
(d) directing the offender to carry out environmental effects monitoring in the manner established by the Board or directing the offender to pay, in the manner specified by the court, an amount of money for the purposes of environmental effects monitoring;
(e) directing the offender to make changes to their environmental management system that are satisfactory to the Board;
(f) directing the offender to have an environmental audit conducted by a person of a class and at the times specified by the Board and directing the offender to remedy any deficiencies revealed during the audit;
(g) directing the offender to pay to Her Majesty in right of Canada, for the purpose of promoting the conservation, protection or restoration of the environment, or to pay into the Environmental Damages Fund — an account in the accounts of Canada — an amount of money that the court considers appropriate;
(h) directing the offender to pay to the Board an amount of money that the court considers appropriate for the purpose of conducting research, education and training in matters related to the protection of the environment, conservation of petroleum resources or safety of petroleum operations;
(i) directing the offender to publish, in the manner specified by the court, the facts relating to the commission of the offence and the details of the punishment imposed, including any orders made under this subsection;
(j) directing the offender to submit to the Chief Safety Officer, on application by the Chief Safety Officer within three years after the conviction, any information with respect to the offender’s activities that the court considers appropriate in the circumstances;
(k) directing the offender to notify, at the offender’s own cost and in the manner specified by the court, any person aggrieved or affected by the offender’s conduct of the facts relating to the commission of the offence and of the details of the punishment imposed, including any orders made under this subsection;
(l) directing the offender to post a bond or pay an amount of money into court that the court considers appropriate to ensure that the offender complies with any prohibition, direction, requirement or condition that is specified in the order;
(m) directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court;
(n) directing the offender to pay, in the manner specified by the court, an amount of money to environmental, health or other groups to assist in their work;
(o) directing the offender to pay, in the manner specified by the court, an amount of money to an educational institution including for scholarships for students enrolled in studies related to the environment;
(p) requiring the offender to comply with any conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing another offence under this Part;
(q) prohibiting the offender from taking measures to acquire an interest or from applying for any new licence or other authorization under this Act during any period that the court considers appropriate.
(15) On the first day on which both section 202.1 of chapter 3 of the Statutes of Canada, 1987, as enacted by section 43 of the other Act, and section 202.1 of chapter 3 of the Statutes of Canada, 1987, as enacted by section 66 of this Act, are in force, section 202.1 of chapter 3 of the Statutes of Canada, 1987, as enacted by section 43 of the other Act is renumbered as section 202.001 and, if necessary, is repositioned after section 202.
(16) If section 56 of the other Act comes into force before section 72 of this Act, then that section 72 is replaced by the following:
72. Subsection 6(1) of the Act is replaced by the following:
Marginal note:Provincial Minister’s approval
6. (1) Before a regulation is made under subsection 5(1) or 17(4), section 30.1, subsection 35(8), 39(7) or 45(7), section 67, subsection 70(2), section 121, subsection 125(1), 128(1), 153(1), 167(2.3), 168(1.02) or 207.01(1) or section 208, 245 or 248, the Federal Minister shall consult the Provincial Minister with respect to the proposed regulation and the regulation shall not be made without the Provincial Minister’s approval.
(17) If section 72 of this Act comes into force before section 56 of the other Act, then, on the day on which that section 56 comes into force, subsection 6(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:
Marginal note:Provincial Minister’s approval
6. (1) Before a regulation is made under subsection 5(1) or 17(4), section 30.1, subsection 35(8), 39(7) or 45(7), section 67, subsection 70(2), section 121, subsection 125(1), 128(1), 153(1), 167(2.3), 168(1.02) or 207.01(1) or section 208, 245 or 248, the Federal Minister shall consult the Provincial Minister with respect to the proposed regulation and the regulation shall not be made without the Provincial Minister’s approval.
(18) If section 56 of the other Act comes into force on the same day as section 72 of this Act, then that section 72 is deemed to have come into force before that section 56 and subsection (17) applies as a consequence.
(19) On the first day on which both section 56 of the other Act and subsection 90(4) of this Act are in force, subsection 153(3) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:
Marginal note:Spill-treating agents
(3) Regulations made under subsection (1) respecting a spill-treating agent shall, in addition to the requirements set out in subsection 6(1), be made on the recommendation of the Federal Minister and the Minister of the Environment.
(20) If subsection 64(3) of the other Act comes into force before subsection 86(2) of this Act, then, on the day on which that subsection 86(2) comes into force, paragraph 142(5)(a) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:
(a) a requirement, approval or deposit, determined by the Board in accordance with the provisions of this Part or Part III.1 or granted or prescribed by regulations made under either of those Parts, subject to which the licence or authorization was issued;
(21) If subsection 86(2) of this Act comes into force before subsection 64(3) of the other Act, then that subsection 64(3) is replaced by the following:
(3) Paragraph 142(5)(a) of the Act is replaced by the following:
(a) a requirement, approval or deposit, determined by the Board in accordance with the provisions of this Part or Part III.1 or granted or prescribed by regulations made under either of those Parts, subject to which the licence or authorization was issued;
(3.1) Paragraph 142(5)(b) of the Act is replaced by the following:
(b) a requirement undertaken in a declaration referred to in subsection 143.1(1);
(22) If subsection 86(2) of this Act comes into force on the same day as subsection 64(3) of the other Act, then that section 64(3) is deemed to have come into force before that subsection 86(2) and subsection (20) applies as a consequence.
(23) If subsection 64(4) of the other Act comes into force before subsection 86(3) of this Act, then, on the day on which that subsection 86(3) comes into force, paragraph 142(5)(c) of the English version of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:
(c) subsection 143.1(3), 143.2(2), 167.1(4) or (5) or 168(1.1), (1.2) or (5);
(24) If subsection 64(4) of the other Act comes into force on the same day as subsection 86(3) of this Act, then that subsection 86(3) is deemed to have come into force before that subsection 64(4).
(25) On the first day on which both subsection 199(3) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, as enacted by subsection 78(3) of the other Act, and subsection 199(3) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, as enacted by section 100 of this Act, are in force, subsection 199(3) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, as enacted by subsection 78(3) of the other Act, is renumbered as subsection 199(4.4) and is repositioned accordingly if required.
(26) On the first day on which both section 79 of the other Act and section 101 of this Act are in force,
(a) sections 200.2 to 200.5 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act are repealed; and
(b) subsection 201(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:
Marginal note:Order of court
201. (1) If a person is found guilty of an offence under this Part, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, in addition to any other punishment that may be imposed under this Part, make an order that has any or all of the following effects:
(a) prohibiting the offender from committing an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence;
(b) directing the offender to take any action that the court considers appropriate to remedy or avoid any harm to the environment that results or may result from the act or omission that constituted the offence;
(c) directing the offender to take any measures that the court considers appropriate to avoid any injury or damage that may result from the act or omission that constituted the offence, or to remedy any injury or damage resulting from it;
(d) directing the offender to carry out environmental effects monitoring in the manner established by the Board or directing the offender to pay, in the manner specified by the court, an amount of money for the purposes of environmental effects monitoring;
(e) directing the offender to make changes to their environmental management system that are satisfactory to the Board;
(f) directing the offender to have an environmental audit conducted by a person of a class and at the times specified by the Board and directing the offender to remedy any deficiencies revealed during the audit;
(g) directing the offender to pay to Her Majesty in right of Canada, for the purpose of promoting the conservation, protection or restoration of the environment, or to pay into the Environmental Damages Fund — an account in the accounts of Canada — an amount of money that the court considers appropriate;
(h) directing the offender to pay to the Board an amount of money that the court considers appropriate for the purpose of conducting research, education and training in matters related to the protection of the environment, conservation of petroleum resources or safety of petroleum operations;
(i) directing the offender to publish, in the manner specified by the court, the facts relating to the commission of the offence and the details of the punishment imposed, including any orders made under this subsection;
(j) directing the offender to submit to the Chief Safety Officer, on application by the Chief Safety Officer within three years after the conviction, any information with respect to the offender’s activities that the court considers appropriate in the circumstances;
(k) directing the offender to notify, at the offender’s own cost and in the manner specified by the court, any person aggrieved or affected by the offender’s conduct of the facts relating to the commission of the offence and of the details of the punishment imposed, including any orders made under this subsection;
(l) directing the offender to post a bond or pay an amount of money into court that the court considers appropriate to ensure that the offender complies with any prohibition, direction, requirement or condition that is specified in the order;
(m) directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court;
(n) directing the offender to pay, in the manner specified by the court, an amount of money to environmental, health or other groups to assist in their work;
(o) directing the offender to pay, in the manner specified by the court, an amount of money to an educational institution including for scholarships for students enrolled in studies related to the environment;
(p) requiring the offender to comply with any conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing another offence under this Part;
(q) prohibiting the offender from taking measures to acquire an interest or from applying for any new licence or other authorization under this Act during any period that the court considers appropriate.
(27) On the first day on which both section 207.1 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, as enacted by section 82 of the other Act, and section 207.1 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, as enacted by section 102 of this Act, are in force, section 207.1 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, as enacted by section 82 of the other Act, is renumbered as section 207.001 and, if necessary, is repositioned after section 207.
(28) If section 112 of this Act comes into force before subparagraph 115(h)(i) of the other Act, then that subparagraph 115(h)(i) is repealed.
(29) If subparagraph 115(h)(i) of the other Act comes into force on the same day as section 112 of this Act, then that subparagraph 115(h)(i) is deemed to have come into force before that section 112.
(30) If section 113 of this Act comes into force before subparagraph 115(h)(ii) of the other Act, then that subparagraph 115(h)(ii) is replaced by the following:
(ii) paragraph (a) of the definition “offshore revenue” and the definition “petroleum” in section 18, and
(31) If subparagraph 115(h)(ii) of the other Act comes into force on the same day as section 113 of this Act, then that subparagraph 115(h)(ii) is deemed to have come into force before that section 113.
- Date modified: