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 11987, c. 3; 2014, c. 13, s. 3Canada–Newfoundland and Labrador Atlantic Accord Implementation Act (continued)
Amendments to the Act (continued)
77 (1) Subsection 185(1) of the Act is replaced by the following:
Marginal note:Stated case for Supreme Court of Newfoundland and Labrador
185 (1) The Committee may of its own motion or at the request of the Regulator state a case, in writing, for the opinion of the Supreme Court of Newfoundland and Labrador on any question that in the opinion of the Committee is a question of law or of the jurisdiction of the Committee.
(2) Subsection 185(2) of the English version of the Act is replaced by the following:
Marginal note:Proceedings on case
(2) The Supreme Court of Newfoundland and Labrador shall hear and determine the case stated, and remit the matter to the Committee with the opinion of the Court on the matter.
78 (1) Subsection 187(1) of the Act is replaced by the following:
Marginal note:Appeal to Supreme Court of Newfoundland and Labrador
187 (1) An appeal lies from a decision or order of the Committee to the Supreme Court of Newfoundland and Labrador on a question of law, on leave being obtained from that Court, in accordance with the practice of that Court, on application made within one month after the making of the decision or order sought to be appealed from or within any further time that Court may allow.
(2) Subsection 187(3) of the English version of the Act is replaced by the following:
Marginal note:Powers of Court
(3) After the hearing of the appeal, the Supreme Court of Newfoundland and Labrador shall certify its opinion to the Committee and the Committee shall make any order necessary to comply with that opinion.
79 Subsection 193(1) of the Act is replaced by the following:
Marginal note:Serious bodily injury
193 (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.
80 The heading before section 193.2 of the Act is replaced by the following:
Installation or Facility Manager
81 The Act is amended by adding the following after section 193.2:
Marginal note:Facility manager
193.3 (1) Every holder of an authorization under subsection 138.01(1) in respect of 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.
82 (1) Paragraph 194(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 138(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 under this Part, of an authorization issued under that paragraph;
(2) Subsection 194(1) of the Act is amended by striking out “or” at the end of paragraph (e) and by replacing paragraph (f) with the following:
(e.1) undertakes or carries on a work or activity without an authorization under subsection 138.01(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.
83 Paragraph 196(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;
84 Subsection 202.5(5) of the Act is replaced by the following:
Marginal note:Determination final
(5) A determination made under this section is final and binding and, subject to review by the Supreme Court of Newfoundland and Labrador, is not subject to appeal or to review by any court.
85 Subsection 202.9(1) of the Act is replaced by the following:
Marginal note:Debt to His Majesty
202.9 (1) A penalty constitutes a debt due to His Majesty in right of the Province and may be recovered in the Supreme Court of Newfoundland and Labrador.
86 Subsection 202.91(2) of the Act is replaced by the following:
Marginal note:Registration
(2) Registration in the Supreme Court of Newfoundland and Labrador of a certificate of non-payment issued under subsection (1) has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.
87 The definitions authorization, declaration and marine installation or structure in subsection 205.001(1) of the Act are replaced by the following:
- authorization
authorization means an authorization issued under paragraph 138(1)(b) or subsection 138.01(1). (autorisation)
- declaration
declaration means a declaration referred to in subsection 139.1(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 135, 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, 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)
88 Subsection 205.003(1) of the Act is replaced by the following:
Marginal note:Application of Part
205.003 (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.
89 Sections 205.004 to 205.006 of the Act are replaced by the following:
Marginal note:Non-application of Parts II and III of Canada Labour Code
205.004 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
205.005 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
205.006 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.
90 Subsection 205.007(1) of the Act is replaced by the following:
Marginal note:Application of Newfoundland and Labrador social legislation
205.007 (1) Newfoundland and Labrador 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.
91 (1) Paragraph 205.008(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 205.008(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 offshore renewable energy projects, within the offshore area if subsection (1) does not apply to or in respect of the marine installation or structure.
92 Section 205.013 of the Act is renumbered as subsection 205.013(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 205.001(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.
93 Section 205.019 of the Act 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 205.001(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.
94 Subsection 205.06(5) of the Act is replaced by the following:
Marginal note:Costs
(5) The costs incurred by the provincial labour relations board in respect of an application made under subsection (1), including the remuneration of its members, shall be paid by the Regulator.
95 Subsection 205.063(5) of the Act is replaced by the following:
Marginal note:Costs
(5) The costs incurred by the provincial labour relations board in respect of an application made under subsection (1), including the remuneration of its members, shall be paid by the Regulator.
96 (1) Subsection 205.068(1) of the Act is replaced by the following:
Marginal note:Recommendation of Chief Safety Officer
205.068 (1) On receipt under subsection 138(3.1) or 138.01(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 205.068(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.
97 Subsection 205.1(7) of the Act is replaced by the following:
Marginal note:Costs
(7) The costs incurred by the provincial labour relations board in respect of an appeal made under subsection (1), including the remuneration of its members, shall be paid by the Regulator.
- Date modified: