Canada–Newfoundland and Labrador Atlantic Accord Implementation Act

Marginal note:Governor in Council’s regulatory power

• 149 (1) Subject to section 7, the Governor in Council may, for the purposes of safety, the protection of the environment, and accountability as well as for the production and conservation of petroleum resources, make regulations

  • (a) defining oil and gas for the purposes of Divisions I and II, installation and equipment for the purposes of sections 139.1 and 139.2 and serious for the purposes of section 165;

  • (b) concerning the exploration and drilling for, and the production, processing and transportation of, petroleum and works and activities related to such exploration, drilling, production, processing and transportation;

  • (b.1) concerning the measures to be taken in preparation for or in the case of a spill, as defined in subsection 160(1), including measures concerning the use of a spill-treating agent;

  • (b.2) concerning the process for the determination of net environmental benefit;

  • (b.3) concerning the variation or revocation of an approval referred to in paragraph 161.1(1)(b);

  • (c) authorizing the Board, or any person, to make such orders as may be specified in the regulations, and to exercise such powers and perform such duties as may be necessary for

    • (i) the management and control of petroleum production,

    • (ii) the removal of petroleum from the offshore area, and

    • (iii) the design, construction, operation or abandonment of pipeline within the offshore area;

  • (d) concerning arbitration for the purposes of subsection 138.1(2), including the costs of or incurred in relation to such arbitrations;

  • (e) concerning the approvals to be granted as conditions of authorizations issued under paragraph 138(1)(b);

  • (f) concerning certificates for the purposes of section 139.2;

  • (g) prohibiting the introduction into the environment of substances, classes of substances and forms of energy, in prescribed circumstances;

  • (h) authorizing the discharge, emission or escape of petroleum for the purposes of subsection 160(1) in such quantities, at such locations, under such conditions and by such persons as may be specified in the regulations;

  • (h.1) establishing the requirements for a pooled fund for the purposes of subsection 163(1.01);

  • (h.2) concerning the circumstances under which the Board may make a recommendation for the purposes of subsection 163.1(1) and the information to be submitted with respect to that recommendation;

  • (h.3) concerning the creation, conservation and production of records; and

  • (i) prescribing anything that is required to be prescribed for the purposes of this Part.

• Marginal note:Incorporation of standards or specifications

  (2) Unless otherwise provided in this Part, regulations made under subsection (1) may incorporate by reference the standards or specifications of any government, person or organization, either as of a fixed time or as amended from time to time.

• 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.