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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)

Assented to 2024-10-03

PART 21988, c. 28Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (continued)

Amendments to the Act (continued)

 The English version of the Act is amended by replacing “Board” with “Regulator” in the following provisions:

  • (a) subsections 10(2) to (4);

  • (b) subsection 11(3);

  • (c) subsections 12(1) to (3), the portion of subsection 12(4) before paragraph (a) and subsection 12(5);

  • (d) subsections 13(2) and (4);

  • (e) section 16;

  • (f) subsection 23(1);

  • (g) paragraphs 24(a) and (b);

  • (h) subsection 28(3);

  • (i) subsection 30(2);

  • (j) paragraph 35(4)(a);

  • (k) subsection 40(3);

  • (l) paragraphs 44(2)(c) and (d);

  • (m) the portion of paragraph 44.2(b) before subparagraph (i);

  • (n) paragraph 46(1)(d);

  • (o) paragraph (a) of the definition prescribed in section 49;

  • (p) paragraphs 64(1)(a) and (b);

  • (q) subsection 76(3);

  • (r) the portion of paragraph 84(1)(b) before subparagraph (i) and subsection 84(3);

  • (s) paragraphs 87(4)(a) and (b);

  • (t) paragraph 122.1(4)(a) and subsection 122.1(7);

  • (u) paragraph 127(9)(b);

  • (v) paragraph 142(5)(a);

  • (w) subsection 170(2); and

  • (x) subsection 207.5(4).

 The French version of the Act is amended by replacing “Office” with “Régie”, with any necessary modifications, in the following provisions:

  • (a) subsections 26(2) and (3);

  • (b) subsection 28(5);

  • (c) the portion of subsection 41(2) before paragraph (a);

  • (d) the definition formulaire in section 49;

  • (e) subsection 142(4.1);

  • (f) paragraph 210.009(1)(b); and

  • (g) subsection 210.091(2).

Transitional Provisions

Marginal note:Definitions

 The following definitions apply in sections 208 and 209.

Board

Board has the same meaning as in section 2 of the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act as it read immediately before the day on which subsection 109(1) of this Act comes into force. (Office)

Regulator

Regulator has the same meaning as in section 2 of the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act, as it reads on the day on which subsection 109(3) comes into force. (Régie)

Marginal note:Continuation of members’ terms

 Every person who is a member of the Board immediately before the day on which section 109 comes into force continues as a member of the Regulator for the remainder of their term.

Marginal note:Continuation of employees’ employment

 Nothing in this Act is to be construed as affecting the status of an employee who occupied, immediately before the day on which section 109 comes into force, a position with the Board, except that the employee, beginning on that day, occupies that position with the Regulator.

PART 3Consequential Amendments, Coordinating Amendments and Coming into Force

Consequential Amendments

1990, c. 41Hibernia Development Project Act

  •  (1) The definition Board in subsection 2(1) of the Hibernia Development Project Act is repealed.

  • (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    Regulator

    Regulator means the Canada–Newfoundland and Labrador Offshore Energy Regulator established by the joint operation of section 9 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act and section 9 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, chapter C-2 of the Statutes of Newfoundland, 1990; (Régie)

 Paragraph 3(2)(e) of the Act is replaced by the following:

  • (e) undertakings in relation to access to domestic and international markets for oil produced from the Project, subject to compliance with any other Act of Parliament including the Canadian Energy Regulator Act and the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act and with any regulations thereunder, and access to international market prices for oil produced from the Project; and

 Subsection 6(1) of the Act is replaced by the following:

Marginal note:Validation of project approval

  • 6 (1) For the purposes of the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act, the decision of the Regulator concerning the application for approval of the Hibernia Canada-Newfoundland Benefits Plan and the Hibernia Development Plan, which decision was published as Decision 86.01 and submitted to the Minister on June 18, 1986, shall be deemed to have been validly made by the Regulator under sections 45 and 139 of that Act and the conditions referred to in subsection 32(1) of that Act shall be deemed to have been satisfied in respect of that decision.

 Every reference to “Board” in the following provisions of the Act is replaced by a reference to “Regulator”:

  • (a) the definition Hibernia Development Project or Project in subsection 2(1); and

  • (b) subsection 6(2).

Terminology

Marginal note:Replacement of Canada–Newfoundland and Labrador Atlantic Accord Implementation Act — Acts

Marginal note:Replacement of “Canada–Newfoundland and Labrador Offshore Petroleum Board”

 Every reference to “Canada–Newfoundland and Labrador Offshore Petroleum Board” in the following provisions is replaced by a reference to “Canada–Newfoundland and Labrador Offshore Energy Regulator”:

Marginal note:Replacement of “Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act” in other federal Acts

Marginal note:Replacement of “Canada-Nova Scotia Offshore Petroleum Board”

 Every reference to “Canada-Nova Scotia Offshore Petroleum Board” in the following provisions is replaced by a reference to “Canada–Nova Scotia Offshore Energy Regulator”:

Coordinating Amendments

Marginal note:This Act

  •  (1) If section 2 of this Act comes into force before section 108 of this Act, then the definition Accord Acts in section 2 of the Canada Oil and Gas Operations Act is replaced by the following:

    Accord Acts

    Accord Acts means

  • (2) If section 108 of this Act comes into force before section 2 of this Act, then the definition Accord Acts in section 2 of the Canada Oil and Gas Operations Act is replaced by the following:

    Accord Acts

    Accord Acts means

  • (3) On the first day on which both sections 2 and 108 of this Act are in force, the definition Accord Acts in section 2 of the Canada Oil and Gas Operations Act is replaced by the following:

    Accord Acts

    Accord Acts means

    • (a) the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act, and

    • (b) the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act; (lois de mise en oeuvre)

Marginal note:This Act

  •  (1) If section 3 of this Act comes into force before section 109 of this Act, then subsection 5.4(1) of the Canada Oil and Gas Operations Act is replaced by the following:

    Marginal note:Council established

    • 5.4 (1) There is established a council, to be known as the Oil and Gas Administration Advisory Council, consisting of the following six members, namely, the Chairperson of the Canada-Nova Scotia Offshore Petroleum Board, the Chairperson of the Canada–Newfoundland and Labrador Offshore Energy Regulator, the Chairperson of the board of directors of the Canadian Energy Regulator, a person designated jointly by the federal Ministers, a person designated by one of the Provincial Ministers and a person designated by the other Provincial Minister.

  • (2) If section 109 of this Act comes into force before section 3 of this Act, then subsection 5.4(1) of the Canada Oil and Gas Operations Act is replaced by the following:

    Marginal note:Council established

    • 5.4 (1) There is established a council, to be known as the Oil and Gas Administration Advisory Council, consisting of the following six members, namely, the Chairperson of the Canada–Nova Scotia Offshore Energy Regulator, the Chairperson of the Canada–Newfoundland and Labrador Offshore Petroleum Board, the Chairperson of the board of directors of the Canadian Energy Regulator, a person designated jointly by the federal Ministers, a person designated by one of the Provincial Ministers and a person designated by the other Provincial Minister.

  • (3) On the first day on which both sections 3 and 109 of this Act are in force, subsection 5.4(1) of the Canada Oil and Gas Operations Act is replaced by the following:

    Marginal note:Council established

    • 5.4 (1) There is established a council, to be known as the Oil and Gas Administration Advisory Council, consisting of the following six members, namely, the Chairperson of the Canada–Nova Scotia Offshore Energy Regulator, the Chairperson of the Canada–Newfoundland and Labrador Offshore Energy Regulator, the Chairperson of the board of directors of the Canadian Energy Regulator, a person designated jointly by the federal Ministers, a person designated by one of the Provincial Ministers and a person designated by the other Provincial Minister.

  • (4) On the first day on which section 3 or 109 of this Act comes into force, subsection 5.4(2) of the Canada Oil and Gas Operations Act is replaced by the following:

    • Marginal note:Duty of Council

      (2) The Council shall promote consistency and improvement in the administration of the regulatory regime in force under this Act and Part III of the Accord Acts and provide advice respecting those matters to the federal Ministers, the Provincial Ministers, the Canadian Energy Regulator, the Board and the Regulator referred to in subsection (1).

  • (5) On the first day on which both sections 3 and 109 of this Act are in force, subsection 5.4(2) of the Canada Oil and Gas Operations Act is replaced by the following:

    • Marginal note:Duty of Council

      (2) The Council shall promote consistency and improvement in the administration of the regulatory regime in force under this Act and Part III of the Accord Acts and provide advice respecting those matters to the federal Ministers, the Provincial Ministers, the Canadian Energy Regulator and the Regulators referred to in subsection (1).

 

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