An Act to amend the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other Acts (S.C. 2024, c. 20)
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Assented to 2024-10-03
PART 21988, c. 28Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (continued)
Amendments to the Act (continued)
186 Subsection 198(1) of the Act is replaced by the following:
Marginal note:Serious bodily injury
198 (1) If an operational safety officer or the Chief Safety Officer, on reasonable grounds, is of the opinion that continuation of an operation in relation to the exploration or drilling for or the production, conservation, processing or transportation of petroleum or in relation to an offshore renewable energy project in any portion of the offshore area is likely to result in serious bodily injury, the operational safety officer or Chief Safety Officer, as the case may be, may order that the operation cease or be continued only in accordance with the terms of the order.
187 The heading before section 198.2 of the Act is replaced by the following:
Installation or Facility Manager
188 The Act is amended by adding the following after section 198.2:
Marginal note:Facility manager
198.3 (1) Every holder of an authorization under subsection 142.011(1) with respect to a work or activity for which a prescribed facility is to be used shall put in command of the facility a manager who meets any prescribed qualifications, and the facility manager is responsible for the safety of the facility and the persons at it.
Marginal note:Powers
(2) Subject to this Act and any other Act of Parliament, a facility manager has the power to do anything that is required to ensure the safety of the facility and the persons at it and, more particularly, may
(a) give orders to any person who is at the facility;
(b) order that any person who is at the facility be restrained or removed; and
(c) obtain any information or documents.
Marginal note:Emergency
(3) In a prescribed emergency situation, a facility manager’s powers are extended so that they also apply to each person in charge of a vessel, vehicle or aircraft that is at the facility or that is leaving or approaching it.
189 (1) Paragraph 199(1)(e) of the English version of the Act is replaced by the following:
(e) undertakes or carries on a work or activity without an authorization under paragraph 142(1)(b) or without complying with the approvals or requirements, determined by the Regulator in accordance with the provisions of this Part or granted or prescribed by regulations made under this Part, of an authorization issued under that paragraph;
(2) Paragraph 199(1)(f) of the Act is replaced by the following:
(e.1) undertakes or carries on a work or activity without an authorization under subsection 142.011(1) or without complying with the terms and conditions of the authorization that were determined by the Regulator in accordance with the provisions of this Part or granted or prescribed under this Part; or
(f) fails to comply with a direction, requirement or order of an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer or with an order of an installation manager, a facility manager or the Committee.
190 Paragraph 201(1)(h) of the Act is replaced by the following:
(h) directing the offender to pay to the Regulator 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 or offshore renewable energy projects;
191 Section 208 of the Act is replaced by the following:
Marginal note:Regulations
208 Subject to section 6, the Governor in Council may make such regulations not inconsistent with this Part as may be deemed necessary for carrying out the purposes of this Part, and, without limiting the generality of the foregoing, may make regulations defining and distinguishing more particularly for the purposes of Divisions I and II the terms “oil” and “gas”.
192 The definitions authorization, declaration and marine installation or structure in subsection 210.001(1) of the Act are replaced by the following:
- authorization
authorization means an authorization issued under paragraph 142(1)(b) or subsection 142.011(1). (autorisation)
- declaration
declaration means a declaration referred to in subsection 143.1(1) or (2). (déclaration)
- marine installation or structure
marine installation or structure
(a) includes
(i) any ship, including any ship used for construction, production or diving or for geotechnical or seismic work,
(ii) any offshore drilling unit, including a mobile offshore drilling unit,
(iii) any production platform, subsea installation, pipeline as defined in section 138, pumping station or storage structure,
(iii.1) any facility or structure used for producing, storing or transmitting an offshore renewable energy product, including an electrical substation,
(iii.2) any living accommodation or loading or landing platform, and
(iv) any other work, or work within a class of works, prescribed under paragraph (4)(a); but
(b) does not include
(i) any vessel, including any supply vessel, standby vessel, shuttle tanker or seismic chase vessel, that provides any supply or support services to a ship, installation, facility, structure, work or anything else described in paragraph (a), unless the vessel is within a class of vessels that is prescribed under paragraph (4)(b), or
(ii) any ship or vessel within a class of ships or vessels prescribed under paragraph (4)(c). (ouvrage en mer)
193 Subsection 210.003(1) of the Act is replaced by the following:
Marginal note:Application of Part
210.003 (1) This Part applies to and in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum, or for the purposes of offshore renewable energy projects, within the offshore area.
194 Sections 210.004 to 210.006 of the Act are replaced by the following:
Marginal note:Non-application of Parts II and III of Canada Labour Code
210.004 Despite subsections 123(1) and 168(1) of the Canada Labour Code and any other Act of Parliament, Parts II and III of the Canada Labour Code do not apply to and in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum, or for the purposes of offshore renewable energy projects, within the offshore area.
Marginal note:Non-application of Canadian Human Rights Act
210.005 The Canadian Human Rights Act does not apply to or in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum, or for the purposes of offshore renewable energy projects, within the offshore area.
Marginal note:Non-application of Non-smokers’ Health Act
210.006 The Non-smokers’ Health Act does not apply to or in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum, or for the purposes of offshore renewable energy projects, within the offshore area.
195 Subsection 210.007(1) of the Act is replaced by the following:
Marginal note:Application of Nova Scotia social legislation
210.007 (1) Nova Scotia social legislation and any regulations made under it apply to and in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum, or for the purposes of offshore renewable energy projects, within the offshore area.
196 (1) Paragraph 210.008(1)(a) of the Act is replaced by the following:
(a) a marine installation or structure that is situated within the offshore area in connection with the exploration or drilling for — or the production, conservation or processing of — petroleum, or in connection with offshore renewable energy projects, within the offshore area and that is in the offshore area for the purpose of becoming, or that is, permanently attached to, permanently anchored to or permanently resting on the seabed or subsoil of the submarine areas of the offshore area;
(2) Subsection 210.008(2) of the Act is replaced by the following:
Marginal note:Application of Part I of Canada Labour Code
(2) Part I of the Canada Labour Code applies to and in respect of a marine installation or structure that is situated within the offshore area in connection with the exploration or drilling for — or the production, conservation or processing of — petroleum, or in connection with an offshore renewable energy project, within the offshore area if subsection (1) does not apply to or in respect of the marine installation or structure.
197 Section 210.013 of the Act is renumbered as subsection 210.013(1) and is amended by adding the following:
Marginal note:Exception to paragraph (1)(q)
(2) Despite paragraph (1)(q), all or part of a workplace described in paragraph (a) of the definition workplace in subsection 210.001(1) does not have to be inspected at least once a month if that workplace, or that part of the workplace, is normally unattended and is used for the purpose of carrying out an offshore renewable energy project.
198 Section 210.019 is amended by adding the following after subsection (1):
Marginal note:Exception to paragraph (1)(p)
(1.1) Despite paragraph (1)(p), all or part of a workplace described in paragraph (a) of the definition workplace in subsection 210.001(1) does not have to be inspected at least once a month if that workplace, or that part of the workplace, is normally unattended and is used for the purpose of carrying out an offshore renewable energy project.
199 (1) Subsection 210.069(1) of the Act is replaced by the following:
Marginal note:Recommendation of Chief Safety Officer
210.069 (1) On receipt under subsection 142(3.1) or 142.011(2) of an application for an authorization, or to amend an authorization, the Chief Safety Officer shall
(a) consider the potential impact of the work or activity to be authorized on the health and safety of employees engaged in the work or activity; and
(b) make a written recommendation to the Regulator on the matters considered.
(2) Subsection 210.069(3) of the Act is replaced by the following:
Marginal note:Authorization — occupational health and safety
(3) In addition to any requirement, approval, term or condition determined by the Regulator under Part III to which an authorization is subject, the authorization is also subject to any requirements, approvals, terms and conditions, not inconsistent with the provisions of this Act or the regulations, that the Regulator determines relate to occupational health and safety.
200 Subsection 210.101(2) of the Act is replaced by the following:
Marginal note:Costs
(2) The costs incurred by the provincial labour board in respect of appeals made under subsection (1), including the remuneration of their members, shall be paid by the Regulator.
201 Section 210.103 of the Act is replaced by the following:
Marginal note:Non-application of Federal Courts Act
210.103 For the purposes of the Federal Courts Act, neither the Regulator, the Chief Safety Officer nor a health and safety officer, when exercising or purporting to exercise jurisdiction or powers conferred on them under this Part, is a federal board, commission or other tribunal as defined in subsection 2(1) of that Act.
202 Section 210.127 of the Act is repealed.
203 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 le gouvernement de la province sous le régime de la présente partie, 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.
204 The Act is amended by replacing “Board” with “Regulator” in the following provisions:
(a) the definitions Chief Executive Officer and fundamental decision in section 2;
(b) the heading “Establishment of Board” before section 9;
(c) subsections 9(2) to (4);
(d) subsection 10(1);
(e) subsection 11(2);
(f) subsections 13(1) and (3);
(g) section 14;
(h) subsection 15(1);
(i) subsection 17(1);
(j) the heading before section 18;
(k) subsection 18(1);
(l) subsection 19(3);
(m) section 20;
(n) subsection 21(2);
(o) section 22;
(p) subsection 23(2);
(q) the portion of section 24 before paragraph (a);
(r) subsections 25(1) and (7);
(s) subsection 26(1);
(t) sections 27 and 27.1;
(u) subsection 28(1);
(v) section 29;
(w) subsection 30(1);
(x) paragraph 30.1(1)(a);
(y) sections 31 and 32;
(z) subsections 33(2) and (3);
(z.1) section 34;
(z.2) subsections 35(1) to (3);
(z.3) subsection 38(2);
(z.4) subsections 41(1) and (3) to (5);
(z.5) subsection 42(2);
(z.6) the portion of section 43 before paragraph (a);
(z.7) subsection 44(1), the portion of subsection 44(2) before paragraph (a) and subsections 44(3) and (4);
(z.8) the portion of section 44.2 before paragraph (a);
(z.9) the portion of section 44.3 before paragraph (a);
(z.10) section 44.4;
(z.11) subsections 45(2) and (4) to (6);
(z.12) the portion of subsection 46(1) before paragraph (a);
(z.13) sections 54 and 55;
(z.14) subsections 56(1) and (2);
(z.15) subsection 59(6);
(z.16) paragraphs 61(4)(d) and (g);
(z.17) subsection 64(2);
(z.18) section 66;
(z.19) subsection 70(1);
(z.20) section 71;
(z.21) subsection 73(3);
(z.22) subsections 74(1), (2) and (4);
(z.23) subsections 76(1), (2) and (4);
(z.24) subsection 79(1);
(z.25) subsection 80(1);
(z.26) subsections 81(1) and (2);
(z.27) subsections 82(1) to (3) and (6);
(z.28) the portion of subsection 84(1) before paragraph (a) and subsections 84(2) and (4);
(z.29) section 85;
(z.30) the portion of subsection 87(4) before paragraph (a);
(z.31) subsection 89(1);
(z.32) the portion of subsection 99(4) before paragraph (a) and subsection 99(5);
(z.33) subsection 103(2);
(z.34) the definitions Deputy Registrar and Registrar in subsection 105(1);
(z.35) paragraph 119(a);
(z.36) paragraph 121(a);
(z.37) paragraphs 122(6)(a) and (b) and subsections 122(7) and (8);
(z.38) subsection 122.1(1), paragraphs 122.1(3)(a) and (c), the portion of subsection 122.1(4) before paragraph (a), paragraph 122.1(5)(b) and subsection 122.1(6);
(z.39) subsection 124(1);
(z.40) subsection 126(1);
(z.41) subsections 127(2), (3), (6) and (7);
(z.42) paragraph 128(1)(b);
(z.43) section 129;
(z.44) subsections 133(1) and (4);
(z.45) subsection 134(1);
(z.46) section 135;
(z.47) subsection 136(2);
(z.48) subsections 142(3) and (3.1), the portion of subsection 142(4) before paragraph (a), paragraph 142(4)(c) and the portion of subsection 142(5) before paragraph (a);
(z.49) section 142.01;
(z.50) section 142.21;
(z.51) subsections 143(1), (2), (4) and (5);
(z.52) subsection 143.1(4);
(z.53) subsection 143.2(1), paragraphs 143.2(3)(b) and (4)(a) and subsection 143.2(7);
(z.54) section 144;
(z.55) subsections 145(1) and (2);
(z.56) subsections 146(1) to (4);
(z.57) section 151;
(z.58) subsection 152(3);
(z.59) the portion of paragraph 153(1)(c) before subparagraph (i) and paragraph 153(1)(h.2);
(z.60) subsection 159(1);
(z.61) subsection 161(2);
(z.62) subsection 166(7);
(z.63) section 166.4;
(z.64) subparagraph 167(1)(a)(ii) and the portion of subsection 167(2) before paragraph (a);
(z.65) subsections 167.1(1) to (3) and (5);
(z.66) subsections 168(1) and (1.2) to (3);
(z.67) subsection 168.1(1);
(z.68) subsection 169(3);
(z.69) subsections 170(3) to (5);
(z.70) subsection 172(2);
(z.71) subsection 173(2);
(z.72) subsection 177(2);
(z.73) subsection 179(2);
(z.74) subsection 181(1);
(z.75) subsection 190(1);
(z.76) section 191;
(z.77) subsection 192(4);
(z.78) section 193;
(z.79) section 195;
(z.80) paragraphs 201(1)(d) to (f) and subsections 201(3) and (4);
(z.81) the portion of subsection 201.1(1) before paragraph (a);
(z.82) subsection 207(1);
(z.83) the portion of section 207.02 before paragraph (a);
(z.84) sections 207.2 to 207.4;
(z.85) subsections 207.5(1) to (3);
(z.86) subsection 207.91(1);
(z.87) section 207.93;
(z.88) section 210;
(z.89) paragraph 210.009(1)(a);
(z.90) paragraph 210.013(1)(s);
(z.91) paragraph 210.019(1)(q);
(z.92) paragraph 210.027(e);
(z.93) paragraph 210.037(1)(b);
(z.94) subsection 210.038(3);
(z.95) the heading before section 210.067;
(z.96) the portion of subsection 210.067(1) before paragraph (a) and subsection 210.067(3);
(z.97) subsection 210.068(1);
(z.98) subsection 210.069(2);
(z.99) subsections 210.072(2) to (5);
(z.100) subsections 210.073(3) and (5);
(z.101) section 210.084;
(z.102) subsection 210.089(1);
(z.103) section 210.09;
(z.104) subsection 210.091(1);
(z.105) paragraph 210.109(1)(e);
(z.106) subsection 210.118(1);
(z.107) the portion of subsection 210.12(5) before paragraph (a) and subsection 210.12(6);
(z.108) subsections 210.121(1) to (3), (5) and (6);
(z.109) subsections 210.122(1), (2) and (4) to (7); and
(z.110) subparagraph 219(2)(a)(iii).
- Date modified: