Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

Marginal note:Definitions

• 157 (1) In this section,

  marine installation or structure

  ouvrage en mer

  marine installation or structure includes

  • (a) any ship, offshore drilling unit, production platform, subsea installation, pumping station, living accommodation, storage structure, loading or landing platform, and

  • (b) any other work or work within a class of works prescribed pursuant to paragraph (5)(a),

  but does not include any vessel that provides any supply or support services to a ship, installation, structure or work described in paragraph (a) or (b); (ouvrage en mer)

  Nova Scotia social legislation

  lois sociales

  Nova Scotia social legislation means the Labour Standards Code, Chapter 10 of the Statutes of Nova Scotia, 1972, as amended from time to time, the Occupational Health and Safety Act, Chapter 3 of the Statutes of Nova Scotia, 1985, as amended from time to time, the Trade Union Act, Chapter 19 of the Statutes of Nova Scotia, 1972, as amended from time to time, and the Workers’ Compensation Act, Chapter 65 of the Statutes of Nova Scotia, 1968, as amended from time to time. (lois sociales)

• Marginal note:Application of Nova Scotia social legislation

  (2) The Nova Scotia social legislation and any regulations made thereunder apply on any marine installation or structure that is within the offshore area in connection with the exploration or drilling for or the production, conservation or processing of petroleum within the offshore area.

• Marginal note:Exemption

  (3) Notwithstanding subsection (2), any provision of any Act or regulation referred to in that subsection that is in relation to a matter in respect of which a regulation may be made under paragraph 153(1)(d), (m), (o) or (p) of this Act as it read before the coming into force of section 103 of An Act to amend the Oil and Gas Production and Conservation Act and other Acts in consequence thereof, or under any provision of this Act respecting occupational health or safety does not apply on marine installations or structures referred to in subsection (2) during such time as those installations or structures are within the offshore area in connection with a purpose referred to in that subsection.

• Marginal note:Non-application of certain provisions of the Canada Labour Code

  (4) Notwithstanding subsection 123(1) of the Canada Labour Code and any other Act of Parliament

  • (a) Parts II and III of the Canada Labour Code do not apply on any marine installation or structure referred to in subsection (2), and

  • (b) in respect of any marine installation or structure referred to in subsection (2) that is within 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,

    • (i) Part I of the Canada Labour Code does not apply, and

    • (ii) the Trade Union Act, Chapter 19 of the Statutes of Nova Scotia, 1972, as amended from time to time, applies

  during such time as the marine installation or structure is within the offshore area in connection with a purpose referred to in that subsection.

• Marginal note:Regulations

  (5) Subject to section 6, the Governor in Council may make regulations

  • (a) prescribing a work or a class of works for the purpose of the definition marine installation or structure in subsection (1); and

  • (b) prescribing, for the purpose of subsection (2), any Act of the Legislature of the Province or excluding any such Act from the application of that subsection.