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Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (S.C. 1988, c. 28)

Act current to 2019-08-28 and last amended on 2019-08-28. Previous Versions

Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

S.C. 1988, c. 28

Assented to 1988-07-21

An Act to implement an agreement between the Government of Canada and the Government of Nova Scotia on offshore petroleum resource management and revenue sharing and to make related and consequential amendments

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act.

Interpretation

Marginal note:Definitions

 In this Act,

Accord

Accord means the Canada-Nova Scotia Offshore Petroleum Resources Accord dated August 26, 1986 and entered into by the Government of Canada, as represented by the Prime Minister of Canada and the Federal Minister, and by the Government of Nova Scotia, as represented by the Premier of Nova Scotia and the Provincial Minister, and includes any amendments thereto; (Accord)

Bay of Fundy

Bay of Fundy means the submarine areas within the limits described in Schedule II; (Baie de Fundy)

Board

Board means the Canada-Nova Scotia Offshore Petroleum Board established by the joint operation of section 9 of this Act and section 9 of the Provincial Act; (Office)

Canada-Nova Scotia benefits plan

Canada-Nova Scotia benefits plan means a plan submitted pursuant to subsection 45(2); (plan de retombées économiques)

Canadian ownership rate

Canadian ownership rate[Repealed, 1993, c. 47, s. 11]

Chief Executive Officer

Chief Executive Officer means the Chief Executive Officer of the Board appointed pursuant to section 25; (premier dirigeant)

development plan

development plan means a plan submitted pursuant to subsection 143(2) for the purpose of obtaining approval of the general approach of developing a pool or field as proposed in the plan; (plan de mise en valeur)

Federal Government

Federal Government means the Governor in Council; (gouvernement fédéral)

Federal Minister

Federal Minister means the Minister of Natural Resources; (ministre fédéral)

field

field

  • (a) means a general surface area underlain or appearing to be underlain by one or more pools, and

  • (b) includes the subsurface regions vertically beneath the general surface area referred to in paragraph (a); (champ)

former regulations

former regulations means the Canada Oil and Gas Land Regulations made pursuant to the Public Lands Grants Act and the Territorial Lands Act and includes orders made pursuant to those Regulations; (anciens règlements)

frontier lands

frontier lands has the same meaning as in the Canada Petroleum Resources Act; (terres domaniales)

fundamental decision

fundamental decision means a decision made by the Board respecting the exercise of a power or the performance of a duty pursuant to a provision of this Act that expressly provides for the exercise of the power or the performance of the duty subject to sections 32 to 37; (décision majeure)

gas

gas means natural gas and includes all substances, other than oil, that are produced in association with natural gas, but does not include coal-bed methane associated with the development or operation of a coal mine; (gaz)

government

government means the Federal Government, the Provincial Government or both, as the context requires; (Version anglaise seulement)

interest

interest has the meaning assigned by section 49; (titre)

Minister

Minister means the Federal Minister, the Provincial Minister or both, as the context requires; (Version anglaise seulement)

offshore area

offshore area means the lands and submarine areas within the limits described in Schedule I; (zone extracôtière ou zone)

Offshore Petroleum Royalty Act

Offshore Petroleum Royalty Act means the Offshore Petroleum Royalty Act, Chapter 9 of the Statutes of Nova Scotia, 1987, as amended from time to time; (loi sur les redevances)

oil

oil means

  • (a) crude oil regardless of gravity produced at a well head in liquid form, and

  • (b) any other hydrocarbons, except coal and gas, and, without limiting the generality of the foregoing, hydrocarbons that may be extracted or recovered from deposits of oil sand, bitumen, bituminous sand, oil shale or from any other types of deposits on the surface or subsurface or the seabed or its subsoil of the offshore area; (pétrole)

petroleum

petroleum means oil or gas; (hydrocarbures)

pool

pool means a natural underground reservoir containing or appearing to contain an accumulation of petroleum that is separated or appears to be separated from any other such accumulation; (gisement)

prescribed

prescribed means prescribed by regulations made by the Governor in Council; (Version anglaise seulement)

Province

Province means the province of Nova Scotia; (province)

Provincial Act

Provincial Act means the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act, Chapter 3 of the Statutes of Nova Scotia, 1987, as amended from time to time; (loi provinciale)

Provincial Government

Provincial Government means the lieutenant governor in council of the Province; (gouvernement provincial)

Provincial Minister

Provincial Minister means, other than for the purposes of Part III.1, the minister of the government of the Province who is responsible for the management of offshore petroleum resources; (ministre provincial)

Sable Island

Sable Island means the area, whether above or under water, that is within the limits described in Schedule III. (Île de Sable)

Sable Island National Park Reserve of Canada

Sable Island National Park Reserve of Canada means Sable Island National Park Reserve of Canada as described in Schedule 2 to the Canada National Parks Act; (réserve à vocation de parc national de l’Île-de-Sable du Canada)

spill-treating agent

spill-treating agent, except in section 166.5, means a spill-treating agent that is on the list established under section 14.2 of the Canada Oil and Gas Operations Act. (agent de traitement)

  • 1988, c. 28, s. 2
  • 1993, c. 47, s. 11
  • 1994, c. 26, s. 16(F), c. 41, s. 37
  • 2007, c. 33, s. 16
  • 2013, c. 28, s. 5
  • 2014, c. 13, s. 55
  • 2015, c. 4, s. 71

Marginal note:Construction

 For greater certainty, the provisions of this Act shall not be interpreted as providing a basis for any claim by or on behalf of any province in respect of any interest in or legislative jurisdiction over any offshore area or any living or non-living resources of any offshore area.

Marginal note:Precedence over other Acts of Parliament

 In case of any inconsistency or conflict between

  • (a) this Act or any regulations made thereunder, and

  • (b) any other Act of Parliament that applies to the offshore area or any regulations made under such an Act,

this Act and the regulations made thereunder take precedence.

Prescribing Limits of Offshore Area

Marginal note:Regulations

  •  (1) Subject to section 6, the Governor in Council may make regulations amending the description of the limits set out in Schedule I for the purposes of the definition offshore area.

  • Marginal note:Issue of charts

    (2) The Federal Minister may cause charts to be issued setting out the offshore area or any portion thereof as may be set out consistent with the nature and scale of the chart.

  • Marginal note:Evidence

    (3) In any legal or other proceedings, a chart purporting to be issued by or under the authority of the Federal Minister is conclusive proof of the limits of the offshore area or portion thereof set out in the chart without proof of the signature or official character of the person purporting to have issued the chart.

Condition Precedent for Certain Regulations

Marginal note:Provincial Minister’s approval

  •  (1) Before a regulation is made under subsection 5(1) or 17(4), section 30.1, subsection 35(8), 39(7) or 45(7), section 67, subsection 70(2), section 121, subsection 125(1), 128(1), 153(1), 167(2.3), 168(1.02) or 207.01(1) or section 208, 245 or 248, the Federal Minister shall consult the Provincial Minister with respect to the proposed regulation and the regulation shall not be made without the Provincial Minister’s approval.

  • Marginal note:Approval of Provincial Minister

    (2) Before a regulation is made under subsection 210.001(3) or (4) or 210.126(1), the Federal Minister shall consult the minister of the government of the Province who is responsible for occupational health and safety with respect to the proposed regulation and no regulation shall be so made without the approval of that minister.

  • 1988, c. 28, s. 6
  • 2014, c. 13, s. 56
  • 2015, c. 4, ss. 72, 117

Amendment of Accord

Marginal note:Amendment of Accord

 The Government of Canada, as represented by the Prime Minister of Canada or by such other member of the Queen’s Privy Council for Canada as may be designated by the Governor in Council, may, jointly with the Government of Nova Scotia, amend the Accord from time to time.

Application

Marginal note:Application

  • 1988, c. 28, s. 8
  • 1992, c. 35, s. 84

PART IJoint Management

Establishment of Board

Marginal note:Jointly established Board

  •  (1) There is established by the joint operation of this Act and the Provincial Act a board to be known as the Canada-Nova Scotia Offshore Petroleum Board.

  • Marginal note:Treated as Provincial entity

    (2) Subject to subsections (3) and (4), the Board shall for all purposes be treated as having been established by or under a law of the Province.

  • Marginal note:Powers of corporation

    (3) The Board has the legal powers and capacities of a corporation incorporated under the Canada Business Corporations Act, including those set out in section 21 of the Interpretation Act.

  • Marginal note:Dissolution of Board

    (4) The Board may be dissolved only by the joint operation of an Act of Parliament and an Act of the Legislature of the Province.

  • 1988, c. 28, s. 9
  • 1992, c. 35, s. 85
  • 1994, c. 24, s. 34(F)

Marginal note:Board consisting of five members

  •  (1) The Board shall consist of five members.

  • Marginal note:Federal and Provincial appointees

    (2) Two members of the Board are to be appointed by the Federal Government, two by the Provincial Government and the Chairperson of the Board is to be appointed by both the Federal Government and the Provincial Government.

  • Marginal note:Alternate members

    (3) Each government may appoint one alternate member to act as a member of the Board in the absence or incapacity of any of the members of the Board appointed by that government.

  • Marginal note:Joint appointees

    (4) Notwithstanding subsection (2) or (3), any member or alternate member of the Board may be appointed by both the Federal Government and the Provincial Government.

  • 1988, c. 28, s. 10
  • 2014, c. 13, s. 91(E)

Marginal note:Definitions

  •  (1) In this section and section 12,

    public servant

    public servant means a person employed in the Public Service of Canada, and includes any other person who is a civil servant within the meaning of the Provincial Act; (fonctionnaire)

    Public Service of Canada

    Public Service of Canada has the meaning given the expression public service in the Federal Public Sector Labour Relations Act, and includes any portion of the federal public administration designated by order in council pursuant to this subsection and for the purposes of this section as part of the Public Service of Canada. (administration fédérale)

  • Marginal note:Qualifications

    (2) Not more than two members of the Board may, during the term of office of those members on the Board, be public servants and of those two members, not more than one may be appointed by each government.

  • Marginal note:Qualifications for Chairperson

    (3) The Chairperson of the Board shall not, during the term of office as Chairperson, be a public servant.

  • 1988, c. 28, s. 11
  • 2003, c. 22, s. 122(E)
  • 2014, c. 13, s. 91(E)
  • 2017, c. 9, s. 55

Marginal note:Term of office of Board members

  •  (1) Subject to subsection (2), each member of the Board, including the Chairperson, shall be appointed for a term of six years.

  • Marginal note:Terms of first members

    (2) The first two members of the Board, other than the Chairperson, to be appointed by each government shall be appointed for terms of four and five years, respectively.

  • Marginal note:Re-appointment

    (3) On the expiration of a term of office, the Chairperson or a member of the Board is eligible for re-appointment for one or more further terms.

  • Marginal note:Good behaviour appointments for members who are not public servants

    (4) Any member of the Board who is not a public servant holds office during good behaviour, but may be removed for cause

    • (a) where the member is appointed by either government, by that government; or

    • (b) where the member is appointed by both governments, by both governments.

  • Marginal note:Appointments of public servants during pleasure

    (5) Any member of the Board who is a public servant holds office during pleasure.

  • 1988, c. 28, s. 12
  • 2014, c. 13, s. 91(E)

Marginal note:Deemed consultation between governments re Chairperson

  •  (1) Consultation between the two governments with respect to the selection of the Chairperson of the Board shall be deemed to commence

    • (a) six months prior to the expiration of the term of office of the incumbent Chairperson, or

    • (b) where applicable, on the date of receipt by the Board of notice of the death, resignation or termination of appointment of the incumbent Chairperson,

    whichever occurs earlier.

  • Marginal note:Where no agreement on Chairperson

    (2) Where the two governments fail to agree on the appointment of the Chairperson of the Board within three months after the commencement of consultation between the governments, the Chairperson shall be selected pursuant to subsection (3) by a panel constituted in accordance with section 47, unless, at any time prior to the selection of the Chairperson by the panel, the two governments agree on the appointment.

  • Marginal note:Selection of Chairperson of Board within 60 days

    (3) The Chairperson of the Board shall be selected, from among persons nominated by each government, by the panel within 60 days after the appointment of the chairperson of the panel.

  • Marginal note:Decision of panel binding

    (4) The decision of the panel selecting a Chairperson of the Board is final and binding on both governments.

  • 1988, c. 28, s. 13
  • 2014, c. 13, ss. 57(E), 91(E)

Marginal note:Absence or incapacity of Chairperson

 The Board shall designate a member to act as Chairperson of the Board during any absence or incapacity of the Chairperson or vacancy in the office of Chairperson, and that person, while acting as Chairperson, has and may exercise all of the powers and perform all of the duties and functions of the Chairperson.

  • 1988, c. 28, s. 14
  • 2014, c. 13, s. 91(E)

Marginal note:Salaries of joint appointees

  •  (1) Subject to section 12, the salary and other terms and conditions of the appointment of the Chairperson of the Board or any other member or alternate member appointed by both governments, including the effective date of the appointment, shall be fixed by an order of the Federal Government and an order of the Provincial Government after agreement has been reached by both governments on the salary and other terms and conditions.

  • Marginal note:Salaries of separate appointees

    (2) The salary and other terms and conditions of the appointment of any member appointed by either the Federal Government or the Provincial Government shall be agreed on by both governments.

  • 1988, c. 28, s. 15
  • 2014, c. 13, s. 91(E)

Marginal note:Conflict of interest guidelines

 All members of the Board shall be subject to conflict of interest guidelines established jointly by the Federal Minister and Provincial Minister and are not subject to any conflict of interest guidelines established by the Federal Government.

Marginal note:Power to indemnify

  •  (1) The Government of Canada shall, subject to such terms and conditions as may be prescribed, indemnify a person who is a present or former member, officer or employee of the Board, and the heirs and legal representatives of that person, against such costs, charges and expenses, including such amounts paid to settle an action or satisfy a judgment, reasonably incurred in respect of any civil, criminal or administrative action or proceeding to which that person is a party by reason of being or having been such a member, officer or employee, as may be prescribed.

  • Marginal note:Both Governments share costs of indemnification

    (2) Where the Government of the Province has indemnified a person referred to in subsection (1) or the heirs or legal representatives of that person pursuant to subsection 17(1) of the Provincial Act, the Government of Canada shall, subject to such terms and conditions as may be prescribed, pay to the Government of the Province one-half of the amount of the indemnity.

  • Marginal note:Payable out of Consolidated Revenue Fund

    (3) Any amount payable in respect of indemnification under this section may be paid out of the Consolidated Revenue Fund.

  • Marginal note:Regulations

    (4) Subject to section 6, the Governor in Council may make regulations prescribing anything that by this section is to be prescribed.

Functions of Board

Marginal note:Functions of Board

  •  (1) The Board shall, in addition to performing the duties and functions conferred or imposed on the Board by or pursuant to this Act, perform such duties and functions as are conferred or imposed on it by the Accord, to the extent that such duties and functions are not inconsistent with this Act or any regulations made thereunder.

  • Marginal note:Proposed amendments

    (2) The Board may make recommendations to both governments with respect to proposed amendments to this Act, the Provincial Act, any regulations made under those Acts and to any other legislation relating to petroleum resource activities in the offshore area.

Marginal note:Access to information by governments

  •  (1) The Federal Minister and the Provincial Minister are entitled to access to any information or documentation relating to petroleum resource activities in the offshore area that is provided for the purposes of this Act or any regulation made thereunder and such information or documentation shall, on the request of either Minister, be disclosed to that Minister without requiring the consent of the party who provided the information or documentation.

  • Marginal note:Applicable provision

    (2) Section 122 applies, with such modifications as the circumstances require, in respect of any disclosure of information or documentation or the production or giving of evidence relating thereto by a Minister as if the references in that section to the administration or enforcement of a Part of this Act included references to the administration or enforcement of the Provincial Act or any Part thereof.

  • Marginal note:Summary of applications of fundamental decisions to Ministers

    (3) The Board shall require every person who makes an application in respect of which a fundamental decision is to be made by the Board to give, forthwith after making the application, a written summary of the application to both Ministers.

Administration

Marginal note:Location of offices and staff

 The principal office and staff of the Board shall be located in the Province.

Marginal note:Storage of information

  •  (1) The Board shall have responsibility for the storage and curatorship, in a facility in the Province, of all geophysical and geological records and reports, reports respecting wells and materials recovered from wells in the offshore area and, without limiting the generality of the foregoing, drill cuttings, fluid samples, hydrocarbon samples and cores recovered from wells in the offshore area.

  • Marginal note:Board to furnish samples to Ministers

    (2) The Board shall, at the request of the Federal Minister or the Provincial Minister,

    • (a) furnish that Minister with a sample of any material referred to in subsection (1), or

    • (b) where it is not possible to produce a sample of such material, provide that Minister with all or a portion of such material, subject to it being returned to the facility referred to in subsection (1),

    if the material is to be permanently retained at the facility referred to in subsection (1).

Marginal note:Meetings of Board

 The Board shall meet

  • (a) once every two months unless the members of the Board unanimously agree to defer the meeting; and

  • (b) at any other time

    • (i) at the call of the Chairperson of the Board,

    • (ii) on the request of any two members of the Board, or

    • (iii) on the request of the Federal Minister or the Provincial Minister to review any matter referred to the Board by that Minister.

  • 1988, c. 28, s. 22
  • 2014, c. 13, s. 91(E)

Marginal note:Quorum

  •  (1) Three members of the Board constitute a quorum of the Board.

  • Marginal note:Majority vote

    (2) Where, in the absence of unanimous agreement, a vote is required to be taken in respect of a decision of the Board, the decision shall be made on the basis of a majority vote of the members of the Board.

Marginal note:By-laws and guidelines

 Subject to this Act and the Accord, the Board may

  • (a) make by-laws respecting

    • (i) the members, officers and employees of the Board,

    • (ii) the attendance and participation, including voting rights, at meetings of the Board of alternate members of the Board appointed pursuant to subsection 10(3),

    • (iii) the manner of appointing the officers and employees of the Board on the basis of selection according to merit, including the holding of open competitions for appointments,

    • (iv) the procedures to be followed in the performance of any of the duties and functions of the Board,

    • (v) the conduct of meetings of the Board,

    • (vi) the manner of dealing with matters and business before the Board, and

    • (vii) generally, the carrying on of the work of the Board and the management of the internal affairs thereof; and

  • (b) establish conflict of interest guidelines respecting persons employed by the Board pursuant to subsection 26(1).

Marginal note:Chief Executive Officer

  •  (1) There shall be a Chief Executive Officer of the Board who

    • (a) where both the Federal Government and the Provincial Government appoint the Chairperson as Chief Executive Officer, is the Chairperson of the Board; or

    • (b) in any other case, is to be appointed by the Board by means of an open competition.

  • Marginal note:Approval required

    (2) The appointment of a Chief Executive Officer pursuant to paragraph (1)(b) is subject to the approval of both governments.

  • Marginal note:Panel to choose Chief Executive Officer in the absence of agreement

    (3) Where either government fails to make an appointment pursuant to paragraph (1)(a) or to approve the appointment of a Chief Executive Officer pursuant to paragraph (1)(b), the Chief Executive Officer shall be appointed by both the Federal Government and the Provincial Government after having been selected pursuant to subsection (4) by a panel constituted in accordance with section 47, unless, at any time prior to the selection of the Chief Executive Officer by the panel, the two governments agree on the appointment.

  • Marginal note:Selection within sixty days

    (4) The Chief Executive Officer shall be selected, from among persons nominated by each government, by the panel within sixty days after the appointment of the chairperson of the panel.

  • Marginal note:Decision of panel binding

    (5) The decision of the panel selecting a Chief Executive Officer is final and binding on both governments.

  • Marginal note:Application of subsection

    (6) Subsection 15(1) applies, with such modifications as the circumstances require, to the appointment of the Chief Executive Officer pursuant to paragraph (1)(a) or subsection (3).

  • Marginal note:Absence or incapacity of Chief Executive Officer

    (7) The Board shall designate a person to act as Chief Executive Officer during any absence or incapacity of that Officer or vacancy in the office of Chief Executive Officer and that person, while acting as Chief Executive Officer, has and may exercise all the powers and perform all of the duties and functions of that office.

  • 1988, c. 28, s. 25
  • 2014, c. 13, s. 91(E)
  • 2015, c. 4, s. 73(F)

Marginal note:Staff of the Board

  •  (1) The Board may, on the recommendation of the Chief Executive Officer, employ such other officers and such employees as are necessary to properly perform the duties and functions of the Board under this Act and the Accord.

  • Marginal note:Method of selection

    (2) The appointment of every person employed pursuant to subsection (1) shall be based on selection according to merit.

  • Marginal note:Presumption

    (3) Except as provided in subsection (4), no person employed pursuant to subsection (1) shall, by virtue of that employment, be considered to be employed in the federal public administration or the public service of the Province.

  • Marginal note:Mobility of staff

    (4) For the purpose of being eligible for appointment to a position in the public service by an appointment process under the Public Service Employment Act,

    • (a) any person who, immediately prior to being employed by the Board, was employed in the public service shall be deemed to be a person employed in the public service in the Department of Energy, Mines and Resources in the location where that person is performing duties for the Board and in a position of an occupational nature and at a level equivalent to the position in which that person is employed by the Board; and

    • (b) any person who, immediately prior to being employed by the Board, was not employed in the public service shall, two years after being employed by the Board, be deemed to be a person employed in the public service in the Department of Energy, Mines and Resources in the location where that person is performing duties for the Board and in a position of an occupational nature and at a level equivalent to the position in which that person is employed by the Board.

  • Marginal note:Application of Nova Scotia legislation

    (4.1) Nova Scotia social legislation as defined in subsection 210.001(1), the provisions of the Trade Union Act, R.S.N.S. 1989, c. 475, as amended from time to time, and the provisions of the Occupational Health and Safety Act, S.N.S. 1996, c. 7, as amended from time to time, and any regulations made under that legislation or those Acts, apply to persons employed under subsection (1).

  • Marginal note:Non-application of Canada Labour Code

    (4.2) Despite section 4 and subsections 123(1) and 168(1) of the Canada Labour Code, that Act does not apply to persons employed under subsection (1).

  • Marginal note:Definition of public service

    (5) In this section, public service has the same meaning as in the Federal Public Sector Labour Relations Act.

  • 1988, c. 28, s. 26
  • 2003, c. 22, ss. 123, 225(E), 232
  • 2014, c. 13, s. 58
  • 2017, c. 9, s. 55

Marginal note:Auditor

 The Board shall appoint an auditor, for such term as is set by the Board, for the purposes of auditing the financial statements of the Board.

Marginal note:Audit and evaluation committee

  •  (1) The Board shall appoint an audit and evaluation committee consisting of not fewer than three members of the Board and fix the duties and functions of the committee and may, by by-law, provide for the payment of expenses to the members of the committee.

  • Marginal note:Internal audit

    (2) In addition to any other duties and functions that it is required to perform, the audit and evaluation committee shall cause internal audits to be conducted to ensure that the officers and employees of the Board act in accordance with management systems and controls established by the Board.

  • 2014, c. 13, s. 59

Marginal note:Budget

  •  (1) The Board shall, in respect of each fiscal year, prepare a budget sufficient to permit the Board to properly exercise its powers and perform its duties and functions.

  • Marginal note:Submission to governments

    (2) The budget shall be submitted to the Federal Minister and the Provincial Minister, at such time as may be specified by each Minister, for their consideration and approval.

  • Marginal note:Revised budget

    (3) Where it appears that the actual aggregate of the expenditures of the Board in respect of any fiscal year is likely to be substantially greater or less than that estimated in its budget in respect of that fiscal year, a revised budget in respect of that fiscal year, containing such particulars as may be requested by either Minister, shall be submitted to both Ministers for their consideration and approval.

  • Marginal note:Payment of operating costs

    (4) The Government of Canada shall pay one-half of the aggregate of the expenditures set out in the budget or revised budget, where applicable, submitted and approved pursuant to this section in respect of each fiscal year.

  • Marginal note:Appropriation

    (5) Subject to any other Act of Parliament that appropriates moneys for the payment required by subsection (4), the sums required for such payment shall be paid out of the Consolidated Revenue Fund from time to time as required.

Marginal note:Access to books and accounts

 Subject to subsection 19(2), both the Federal Minister and the Provincial Minister are entitled to have access to the books and accounts of the Board.

Marginal note:Annual report

  •  (1) The Board shall, in respect of each fiscal year, prepare a report in both official languages of Canada and submit it to the Federal Minister and the Provincial Minister not later than ninety days after the expiration of that fiscal year.

  • Marginal note:Contents of report

    (2) The annual report submitted under subsection (1) shall contain an audited financial statement and a description of the activities of the Board, including those relating to occupational health and safety, during the fiscal year covered by the report.

  • Marginal note:Tabling of report

    (3) The Federal Minister shall cause the annual report referred to in this section to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day on which the report is submitted to the Federal Minister.

  • 1988, c. 28, s. 30
  • 2014, c. 13, s. 60

Cost Recovery

Marginal note:Regulations respecting fees, etc.

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

    • (a) respecting the fees or charges, or the method of calculating the fees or charges, to be paid for the provision, by the Board, of a service or product under this Act;

    • (b) respecting the fees or charges, or the method of calculating the fees or charges, in respect of any of the Board’s activities under this Act or under the Canadian Environmental Assessment Act, 2012, that are to be paid by

      • (i) a person who makes an application for an authorization under paragraph 142(1)(b) or an application under subsection 143(2), or

      • (ii) the holder of an operating licence issued under paragraph 142(1)(a) or an authorization issued under paragraph 142(1)(b); and

    • (c) respecting the refund of all or part of any fee or charge referred to in paragraph (a) or (b), or the method of calculating that refund.

  • Marginal note:Amounts not to exceed cost

    (2) The amounts of the fees or charges referred to in paragraph (1)(a) shall not exceed the cost of providing the services or products.

  • Marginal note:Amounts not to exceed cost

    (3) The amounts of the fees or charges referred to in paragraph (1)(b) shall not exceed the cost of the Board’s activities under this Act or under the Canadian Environmental Assessment Act, 2012.

  • 2015, c. 4, s. 74

Marginal note:Non-application of Service Fees Act

 The Service Fees Act does not apply to any fees or charges payable in accordance with regulations made under section 30.1.

  • 2015, c. 4, s. 74
  • 2017, c. 20, s. 454

Marginal note:Remittance of fees and charges

 One half of the amounts of the fees and charges obtained in accordance with regulations made under section 30.1 shall be paid to the credit of the Receiver General and the other half shall be paid to the credit of Her Majesty in right of the Province, in the time and manner prescribed under those regulations.

  • 2015, c. 4, s. 74

Decisions in Relation to Offshore Management

Marginal note:Board’s decisions final

 Subject to this Act, the exercise of a power or the performance of a duty by the Board pursuant to this Act is final and not subject to the review or approval of either government or either Minister.

Marginal note:Notice to Ministers of fundamental decisions

  •  (1) Forthwith after making a fundamental decision, the Board shall give written notice of the decision to the Federal Minister and the Provincial Minister.

  • Marginal note:Public notice of fundamental decisions

    (2) The Board shall cause a fundamental decision to be published

    • (a) thirty days after receipt by both Ministers of a notice of the fundamental decision pursuant to subsection (1), or

    • (b) when the fundamental decision is implemented,

    whichever occurs earlier.

Marginal note:Suspension of implementation of fundamental decision

  •  (1) Subject to subsection (2), a fundamental decision shall not be implemented

    • (a) before the expiration of 30 days after receipt by both Ministers of a notice of the fundamental decision under subsection 32(1) and any further period during which the implementation of the decision is suspended under section 34 or during which, under section 35, the decision may be set aside, the setting aside may be overruled or a determination may be made by the Commission of the Canadian Energy Regulator; or

    • (b) if the decision has been conclusively set aside.

  • Marginal note:Exception where approval of both Ministers

    (2) A fundamental decision may be implemented before the expiration of the periods referred to in paragraph (1)(a) where the Board is advised, in writing, that both the Federal Minister and the Provincial Minister approve that decision.

  • Marginal note:Decision to be implemented on expiration of delays

    (3) Where, on the expiration of the periods referred to in paragraph (1)(a), a fundamental decision of the Board has not been conclusively set aside, that decision shall be implemented forthwith by the Board.

  • 1988, c. 28, s. 33
  • 2019, c. 28, s. 153

Marginal note:Suspension rights

 The Federal Minister or the Provincial Minister may, on giving written notice to the other Minister and the Board within thirty days after receipt of a notice of a fundamental decision pursuant to subsection 32(1), suspend the implementation of the decision during a period not exceeding sixty days after receipt of the notice of the decision pursuant to subsection 32(1).

Marginal note:Veto

  •  (1) Within thirty days after receipt of a notice of a fundamental decision pursuant to subsection 32(1) and any further period during which the implementation of the decision is suspended pursuant to section 34, the decision may be set aside

    • (a) by both the Federal Minister and the Provincial Minister; or

    • (b) by the Provincial Minister, in the case of

      • (i) a fundamental decision of the Board referred to in paragraph 143(4)(a), or

      • (ii) a fundamental decision with respect to a call for bids pursuant to Part II in relation to, or interests in relation to, a portion of the offshore area that is situated wholly within the Bay of Fundy or Sable Island.

  • Marginal note:Federal Minister’s veto

    (2) The Federal Minister may

    • (a) set aside a fundamental decision of the Board within thirty days after receipt of a notice of the decision pursuant to subsection 32(1) or any further period during which the implementation of the decision is suspended pursuant to section 34, or

    • (b) overrule the setting aside of a fundamental decision by the Provincial Minister within thirty days after receipt of a notice to that effect pursuant to subsection (3),

    if, in the opinion of the Federal Minister, the decision, in the case of paragraph (a), or the setting aside of the decision, in the case of paragraph (b), would unreasonably delay the attainment of security of supply.

  • Marginal note:Notice

    (3) Where a Minister sets aside a fundamental decision of the Board pursuant to subsection (1) or (2) or the Federal Minister overrules the setting aside of a fundamental decision pursuant to subsection (2), that Minister shall give a written notice to that effect to the other Minister and the Board.

  • Marginal note:Commission of the Canadian Energy Regulator

    (4) Despite subsection (2), if the Provincial Minister disagrees with the setting aside or overruling by the Federal Minister in respect of a fundamental decision under subsection (2), the Commission of the Canadian Energy Regulator must, on application made by the Provincial Minister within the time and in the manner that may be prescribed,

    • (a) determine whether the fundamental decision of the Board or the setting aside of that decision would unreasonably delay the attainment of security of supply; and

    • (b) thereby confirm or vacate the setting aside or overruling by the Federal Minister in respect of the fundamental decision.

  • Marginal note:Procedures for determination

    (5) A determination of the Commission of the Canadian Energy Regulator made under subsection (4),

    • (a) despite the Canadian Energy Regulator Act, must be made within the time and in the manner that may be prescribed;

    • (b) is final and binding and is not subject to appeal to, or review or setting aside by, any Minister, government, court or other body; and

    • (c) must be published without delay by the Regulator.

  • Marginal note:Transitional

    (6) Where an application is made by the Provincial Minister to the Canadian Energy Regulator prior to the coming into force of the first regulation made for the purposes of subsection (4) or paragraph (5)(a), the application and the determination of the Canadian Energy Regulator shall be made in accordance with the procedures and within the periods established by the Canadian Energy Regulator.

  • Marginal note:Conclusively set aside

    (7) For the purposes of section 33, a fundamental decision shall be deemed to have been conclusively set aside if

    • (a) it is set aside by both Ministers pursuant to subsection (1);

    • (b) it is set aside by the Provincial Minister pursuant to subsection (1) and the setting aside has not been overruled pursuant to paragraph (2)(b) or, if it has been so overruled, that overruling is vacated pursuant to subsection (4); or

    • (c) it is set aside by the Federal Minister pursuant to subsection (2) and the setting aside has not been vacated pursuant to subsection (4).

  • Marginal note:Regulations

    (8) Subject to section 6, the Governor in Council may make regulations prescribing anything that, by this section, is to be prescribed.

  • Marginal note:Definitions

    (9) In this section and sections 36 and 37,

    security of supply

    security of supply, in respect of any period, means the anticipation of self-sufficiency during each of the five calendar years in that period, taking into account the aggregate during each such year of anticipated additions to producing capacity and anticipated adjustments to refining capacity; (sécurité des approvisionnements)

    self-sufficiency

    self-sufficiency means a volume of suitable crude oil and equivalent substances available from Canadian hydrocarbon producing capacity that is adequate to supply the total feedstock requirements of Canadian refineries necessary to satisfy the total domestic refined product requirements of Canada, excluding those feedstock requirements necessary to produce specialty refined products; (autosuffisance)

    suitable crude oil and equivalent substances

    suitable crude oil and equivalent substances means those substances that are appropriate for processing in Canadian refineries and that are potentially deliverable to Canadian refineries. (pétrole brut et substances assimilées acceptables)

  • 1988, c. 28, s. 35
  • 2019, c. 28, s. 154
  • 2019, c. 28, s. 155

Marginal note:Determination binding

  •  (1) For all purposes of this Act, including section 35, where a determination whether security of supply exists is made by both Ministers or by a panel pursuant to section 37 or is deemed to have been made pursuant to subsection (2), it is final and binding for the duration of the period in respect of which it is made.

  • Marginal note:Initial period

    (2) In respect of the period commencing on January 1, 1986 and terminating on December 31, 1990, a determination shall be deemed to have been made, for all purposes of this Act, including section 35, that security of supply does not exist.

  • Marginal note:Subsequent periods

    (3) Each period following the period referred to in subsection (2) shall commence on the expiration of the period immediately preceding that period and shall be for a duration of five successive calendar years.

Marginal note:Where no agreement on determination re security of supply

  •  (1) Where the two Ministers fail to agree on a determination whether security of supply exists in respect of any period, the determination shall be made by a panel, constituted in accordance with section 47, within sixty days after the appointment of the chairperson of the panel unless, at any time prior to the determination by the panel, the two Ministers agree on the determination.

  • Marginal note:Determination not subject to review

    (2) Where a determination referred to in subsection (1) is made by a panel pursuant to that subsection, that determination is final and binding and is not subject to appeal to, or review or setting aside by, any Minister, government, court or other body.

  • 1988, c. 28, s. 37
  • 2014, c. 13, s. 91(E)

Marginal note:Supply shortfall

  •  (1) Notwithstanding any other provision of this Act, nothing in this Act limits the powers of the Government of Canada in the event of a sudden domestic or import supply shortfall of suitable crude oil and equivalent substances or with respect to any other energy emergency.

  • Marginal note:Canada’s obligations under IEA

    (2) Notwithstanding any other provision of this Act, where the Government of Canada has obligations with respect to the allocation of petroleum pursuant to the Agreement On An International Energy Program dated November 18, 1974, the Board shall, where authorized to do so by the Federal Minister and during the period that those obligations continue, take such measures as are necessary to comply with those obligations and as are fair and equitable in relation to other hydrocarbon producing regions of Canada.

Regional Security of Supply

Definition of shortfall of petroleum deliveries in the Province

  •  (1) In this section, shortfall of petroleum deliveries in the Province means deliveries of petroleum that are inadequate to supply, on commercial terms,

    • (a) the end use consumption demands of all consumers in the Province;

    • (b) feedstock requirements of industrial facilities that are in place in the Province on January 31, 1986; and

    • (c) the feedstock requirements of any refining facility located in the Province that was not in place on January 31, 1986 if the feedstock requirements required to satisfy the demand of industrial capacity, as of January 31, 1986, in Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador have been met.

  • Marginal note:Notice by Provincial Minister to holders of production licences

    (2) Where there is a shortfall of petroleum deliveries in the Province, the Provincial Minister may, after consulting with the Federal Minister, give notice to holders of production licences in the offshore area that the consumers and facilities referred to in paragraphs (1)(a), (b) and (c) that are specified in the notice have, during the term of the notice, the first option to acquire, on commercial terms, petroleum produced in the offshore area unless a sales contract with respect to that petroleum has been entered into prior to the giving of the notice.

  • Marginal note:Later contracts subject to notice

    (3) Notwithstanding any other provision of this Act, any contract entered into after the giving of the notice referred to in subsection (2) shall be deemed to be varied or suspended to the extent necessary to give effect to that notice.

  • Marginal note:Term of notice

    (4) The term of a notice given under subsection (2) is the period during which a shortfall of petroleum deliveries in the Province continues to exist.

  • Marginal note:Arbitration in case of dispute whether shortfall exists

    (5) Where the Federal Minister or a holder of a production licence to whom a notice has been given under subsection (2) does not agree with the Provincial Minister that a shortfall of petroleum deliveries in the Province exists or continues to exist, the matter shall be referred to arbitration in the manner prescribed.

  • Marginal note:Notice ceases to have effect

    (6) Where it is determined pursuant to arbitration that a shortfall of petroleum deliveries in the Province does not exist or continue to exist, the notice given under subsection (2) shall be deemed to be revoked and ceases to have effect on the date on which the determination is made.

  • Marginal note:Regulations

    (7) Subject to section 6, the Governor in Council may make regulations for carrying out the purposes and provisions of this section and, without limiting the generality of the foregoing, may make regulations

    • (a) defining the expression commercial terms or providing for arbitration to establish commercial terms in any particular case;

    • (b) governing, for the purposes of this section, arbitration and the making of arbitration orders and governing the enforcement of arbitration orders and appeals from those orders; and

    • (c) prescribing the manner of exercising a first option to acquire that is granted pursuant to a notice given under subsection (2).

  • 1988, c. 28, s. 39
  • 2015, c. 4, s. 75

Nova Scotia Trunkline

Definition of Nova Scotia trunkline

  •  (1) In this section, Nova Scotia trunkline means a trunkline for the transmission of petroleum in the offshore area or from the offshore area to and within the Province, and includes all tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio, and real and personal property connected therewith that are located within the Province or the offshore area, but does not include laterals, gathering lines, flow lines, structures, or facilities for the production and processing of petroleum.

  • Marginal note:Certificate

    (2) No certificate shall be issued under Part 3 of the Canadian Energy Regulator Act in respect of a Nova Scotia trunkline, unless the Commission of the Canadian Energy Regulator is satisfied that the Government of Nova Scotia has been given a reasonable opportunity to acquire on a commercial basis at least 50%, or any lesser percentage that the Government proposes to acquire as a result of the opportunity, ownership interest in the trunkline.

  • Marginal note:Authorization

    (3) Where a certificate referred to in subsection (2) is not required in respect of a Nova Scotia trunkline, no authorization shall be issued under paragraph 142(1)(b) in respect of that trunkline, unless the Board is satisfied that the Government of Nova Scotia has been given a reasonable opportunity to acquire on a commercial basis at least fifty per cent, or such lesser percentage as the Government proposes to acquire as a result of the opportunity, ownership interest in the trunkline.

  • 1988, c. 28, s. 40
  • 2019, c. 28, s. 156

Ministerial Directives

Marginal note:Directives issued jointly by both Ministers

  •  (1) The Federal Minister and the Provincial Minister may jointly issue to the Board written directives in relation to

    • (a) fundamental decisions;

    • (b) Canada-Nova Scotia benefits plans and any provisions thereof;

    • (c) public reviews conducted pursuant to section 44;

    • (d) studies to be conducted by the Board; and

    • (e) advice with respect to policy issues to be given by the Board to the Federal Minister and the Provincial Minister.

  • Marginal note:Occupational health and safety directives

    (2) The Federal Minister, on the recommendation of the Minister of Labour, and the minister of the government of the Province who is responsible for occupational health and safety, may jointly issue written directives in relation to

    • (a) the development of guidelines and interpretation notes with respect to occupational health and safety matters; and

    • (b) the implementation of any recommendations made by an auditor under section 210.121 or made following an inquiry under section 210.122.

  • Marginal note:Directives of either Minister

    (3) If a request is received during any calendar year by the Board or the Federal Minister or the Provincial Minister to make a call for bids under Part II in relation to particular portions of the offshore area, the Federal Minister or the Provincial Minister may, after having reviewed the plan of the anticipated decisions of the Board during the calendar year submitted under section 43, issue to the Board a written directive to specify those portions of the offshore area in a call for bids made under Part II.

  • Marginal note:Directives of Provincial Minister

    (4) The Provincial Minister may issue to the Board written directives with respect to any fundamental decision relating to the Bay of Fundy or Sable Island.

  • Marginal note:Directives binding

    (5) The Board shall comply with any directive issued under this section.

  • Marginal note:Directives deemed not to be statutory instruments

    (6) Directives issued under this section shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act.

  • 1988, c. 28, s. 41
  • 1993, c. 47, s. 12
  • 2014, c. 13, s. 61

Public Notice

Marginal note:Public notice

  •  (1) Where the Federal Minister

    • (a) issues or jointly issues a directive under section 41,

    • (b) suspends the implementation of a fundamental decision pursuant to section 34, or

    • (c) sets aside a fundamental decision or overrules the setting aside of a fundamental decision pursuant to section 35,

    the Minister shall cause a notice of the Minister’s action and of the fundamental decision in relation to which it is exercised to be published in the Canada Gazette.

  • Marginal note:Text of directive to be made available

    (2) Where a directive is issued under section 41, the notice thereof published pursuant to subsection (1) shall indicate that the text of the directive is available for inspection by any person on request made to the Board.

Strategic Plan for Interests, Exploration and Development

Marginal note:Strategic plan

 During the first month of each calendar year, the Board shall submit to the Federal Minister and the Provincial Minister a plan outlining the anticipated decisions of the Board during that calendar year respecting

  • (a) the making of calls for bids pursuant to Part II with respect to interests to be issued in relation to portions of the offshore area and the issuance and terms and conditions of such interests; and

  • (b) exploration and development of the offshore area.

Public Review

Marginal note:Public review

  •  (1) Subject to any directives issued under subsection 41(1), the Board may conduct a public review in relation to the exercise of any of its powers or the performance of any of its duties where the Board is of the opinion that it is in the public interest to do so.

  • Marginal note:Powers of Board

    (2) Where a public review is conducted pursuant to subsection (1) in relation to any matter, the Board may

    • (a) establish terms of reference and a timetable that will permit a comprehensive review of all aspects of the matter, including those within the authority of Parliament or of the Legislature of the Province;

    • (b) appoint one or more commissioners and, where there is to be more than one commissioner, appoint as commissioners persons nominated by each of the governments in recognition of the authority of Ministers of the Crown in right of Canada or of the Province under any Act of Parliament or of the Legislature of the Province, other than this Act or the Provincial Act, in relation to the matter;

    • (c) cause the commissioners to hold public hearings in appropriate locations in the Province or elsewhere in Canada and report thereon to the Board, the Federal Minister and the Provincial Minister; and

    • (d) where the public review is conducted in relation to any potential development of a pool or field, require the person who proposed the potential development to submit and make available for public distribution a preliminary development plan, an environmental impact statement, a socio-economic impact statement, a preliminary Canada-Nova Scotia benefits plan and any other plan specified by the Board.

  • Marginal note:Powers of commissioners

    (3) On the request of the Board, the Federal Government may, subject to such terms and conditions as it considers necessary, confer on the Board or the commissioners appointed pursuant to paragraph (2)(b) all or any of the powers conferred on persons appointed as commissioners under Part I of the Inquiries Act.

  • Marginal note:Time limit for Board’s recommendations on a plan

    (4) The commissioners shall make their recommendations respecting any preliminary plan or statement submitted pursuant to paragraph (2)(d) within two hundred and seventy days after their receipt of the plan or statement or such shorter period as may be set by the Board.

  • 1988, c. 28, s. 44
  • 2015, c. 4, s. 76(F)

Public Hearings

Marginal note:Public hearings

 The Board may conduct a public hearing in relation to the exercise of any of its powers or the performance of any of its duties and functions as a responsible authority as defined in subsection 2(1) of the Canadian Environmental Assessment Act, 2012.

  • 2015, c. 4, s. 77

Marginal note:Confidentiality

 At any public hearing conducted under section 44.1, the Board may take any measures and make any order that it considers necessary to ensure the confidentiality of any information likely to be disclosed at the hearing if the Board is satisfied that

  • (a) disclosure of the information could reasonably be expected to result in a material loss or gain to a person directly affected by the hearing, or to prejudice the person’s competitive position, and the potential harm resulting from the disclosure outweighs the public interest in making the disclosure; or

  • (b) the information is financial, commercial, scientific or technical information that is confidential information supplied to the Board and

    • (i) the information has been consistently treated as confidential information by a person directly affected by the hearing, and

    • (ii) the person’s interest in confidentiality outweighs the public interest in its disclosure.

  • 2015, c. 4, s. 77

Marginal note:Confidentiality —  security

 At any public hearing conducted under section 44.1, the Board may take any measures and make any order that it considers necessary to ensure the confidentiality of information that is likely to be disclosed at the hearing if the Board is satisfied that

  • (a) there is a real and substantial risk that disclosure of the information will impair the security of pipelines, as defined in section 138, installations, vessels, aircraft or systems, including computer or communication systems, or methods employed to protect them; and

  • (b) the need to prevent disclosure of the information outweighs the public interest in its disclosure.

  • 2015, c. 4, s. 77

Marginal note:Exception

 The Board shall not take any measures or make any order under section 44.2 or 44.3 in respect of information or documentation referred to in paragraphs 122(5)(a) to (e) and (i).

  • 2015, c. 4, s. 77

Canada-Nova Scotia Benefits Plan

Definition of Canada-Nova Scotia benefits plan

  •  (1) In this section, Canada-Nova Scotia benefits plan means a plan for the employment of Canadians and, in particular, members of the labour force of the Province and, subject to paragraph (3)(d), for providing manufacturers, consultants, contractors and service companies in the Province and other parts of Canada with a full and fair opportunity to participate on a competitive basis in the supply of goods and services used in any proposed work or activity referred to in the benefits plan.

  • Marginal note:Canadian and Nova Scotian participation

    (2) Before the Board may approve any development plan pursuant to subsection 143(4) or authorize any work or activity under paragraph 142(1)(b), a Canada-Nova Scotia benefits plan shall be submitted to and approved by the Board, unless the Board waives that requirement in accordance with subsection (6).

  • Marginal note:Particular provisions of plan

    (3) A Canada-Nova Scotia benefits plan shall contain provisions intended to ensure that

    • (a) before carrying out any work or activity in the offshore area, the corporation or other body submitting the plan shall establish in the Province an office where appropriate levels of decision-making are to take place;

    • (b) consistent with the Canadian Charter of Rights and Freedoms, individuals resident in the Province shall be given first consideration for training and employment in the work program for which the plan was submitted and any collective agreement entered into by the corporation or other body submitting the plan and an organization of employees respecting terms and conditions of employment in the offshore area shall contain provisions consistent with this paragraph;

    • (c) a program shall be carried out and expenditures shall be made for the promotion of education and training and of research and development in the Province in relation to petroleum resource activities in the offshore area; and

    • (d) first consideration shall be given to services provided from within the Province and to goods manufactured in the Province, where those services and goods are competitive in terms of fair market price, quality and delivery.

  • Marginal note:Affirmative action programs

    (4) The Board may require that any Canada-Nova Scotia benefits plan include provisions to ensure that disadvantaged individuals or groups have access to training and employment opportunities and to enable such individuals or groups or corporations owned or cooperatives operated by them to participate in the supply of goods and services used in any proposed work or activity referred to in the benefits plan.

  • Marginal note:Duties of Board in reviewing plans

    (5) In reviewing any Canada-Nova Scotia benefits plan, the Board shall consult with both Ministers on the extent to which the plan meets the requirements set out in subsections (1), (3) and (4).

  • Marginal note:Directives

    (6) The Board may, pursuant to subsection (2),

    • (a) subject to any directives issued under subsection 41(1), approve any Canada-Nova Scotia benefits plan; or

    • (b) with the consent of both Ministers, waive the requirement for any Canada-Nova Scotia benefits plan.

  • Marginal note:Regulations

    (7) Subject to section 6, the Governor in Council may make regulations prescribing the time and manner of submission of any Canada-Nova Scotia benefits plan and the form and information to be contained therein.

  • 1988, c. 28, s. 45
  • 1992, c. 35, s. 86

Coordination of Government Departments and Agencies

Marginal note:Coordination

  •  (1) The Board shall, to ensure effective coordination and avoid duplication of work and activities, conclude with the appropriate departments and agencies of the Government of Canada and of the Government of the Province memoranda of understanding in relation to

    • (a) environmental regulation;

    • (b) emergency measures;

    • (c) coast guard and other marine regulation;

    • (c.1) aviation regulation;

    • (d) employment and industrial benefits for Canadians in general and the people of the Province in particular and the review and evaluation procedures to be followed by both governments and the Board in relation to such benefits;

    • (e) occupational health and safety;

    • (f) a Nova Scotia trunkline within the meaning of section 40; and

    • (g) such other matters as are appropriate.

  • Marginal note:Idem

    (2) The Federal Minister and the Provincial Minister shall be parties to any memorandum of understanding concluded in relation to a matter referred to in paragraph (1)(d).

  • 1988, c. 28, s. 46
  • 2014, c. 13, s. 62

Constitution of Panel

Marginal note:Notice

  •  (1) Before a panel is constituted for the purposes of subsection 13(2), 25(3), 37(1) or 140(5), the government or Minister proposing constitution of the panel shall notify the other government or Minister of the proposal.

  • Marginal note:Appointment of members of panel

    (2) Within thirty days after notice is given pursuant to subsection (1), each government shall appoint one member of the panel.

  • Marginal note:Chairperson of panel

    (3) The chairperson of the panel shall be appointed

    • (a) jointly by the two members of the panel appointed pursuant to subsection (2) within thirty days after the later of the two appointments made pursuant to that subsection; or

    • (b) where the two members of the panel fail to agree on the appointment of the chairperson of the panel within the thirty day period referred to in paragraph (a), by the Chief Justice of Nova Scotia within thirty days after the expiration of that period.

  • 1988, c. 28, s. 47
  • 2014, c. 13, s. 91(E)

Settlement Procedure for Disputes

Definition of agreement

  •  (1) In this section, agreement means an agreement between the Government of Canada and the government of a province respecting resource management and revenue sharing in relation to activities respecting the exploration for or the production of petroleum carried out on any frontier lands.

  • Marginal note:Disputes between neighbouring provinces

    (2) Where a dispute between the Province and any other province that is a party to an agreement arises in relation to the description of any portion of the limits set out in Schedule I and the Government of Canada is unable, by means of negotiation, to bring about a resolution of the dispute within a reasonable time, the dispute shall, at such time as the Federal Minister deems appropriate, be referred to an impartial person, tribunal or body and settled by means of the procedure determined in accordance with subsection (3).

  • Marginal note:Procedures determined by Federal Minister

    (3) For the purposes of this section, the person, tribunal or body to which a dispute is to be referred, the constitution and membership of any tribunal or body and the procedures for the settlement of a dispute shall be determined by the Federal Minister after consultation with the provinces concerned in the dispute.

  • Marginal note:Principles of international law to apply

    (4) Where the procedure for the settlement of a dispute pursuant to this section involves arbitration, the arbitrator shall apply the principles of international law governing maritime boundary delimitation, with such modifications as the circumstances require.

  • Marginal note:Approval of Provincial Minister not required before regulation made

    (5) Notwithstanding section 6, where a dispute is settled pursuant to this section and a regulation under subsection 5(1) amending the description of the portion of the limits set out in Schedule I in relation to which the dispute arose is made in accordance with the settlement, the regulation is not subject to the procedure set out in section 6 with respect to that description.

PART IIPetroleum Resources

Interpretation

Marginal note:Definitions

 In this Part,

call for bids

call for bids means a call for bids made in accordance with section 61; (appel d’offres)

commercial discovery

commercial discovery means a discovery of petroleum that has been demonstrated to contain petroleum reserves that justify the investment of capital and effort to bring the discovery to production; (découverte exploitable)

commercial discovery area

commercial discovery area means, in relation to a declaration of commercial discovery made pursuant to subsection 81(1) or (2), those portions of the offshore area described in the declaration; (périmètre de découverte exploitable)

Crown reserve area

Crown reserve area means portions of the offshore area in respect of which no interest is in force; (réserves de l’État)

former exploration agreement

former exploration agreement means an exploration agreement under the Canada Oil and Gas Land Regulations; (ancien accord d’exploration)

former lease

former lease means an oil and gas lease under the Canada Oil and Gas Land Regulations; (ancienne concession)

former permit

former permit means an exploratory permit under the Canada Oil and Gas Land Regulations; (ancien permis)

former special renewal permit

former special renewal permit means a special renewal permit under the Canada Oil and Gas Land Regulations; (ancien permis spécial de renouvellement)

holder

holder or interest holder means, in respect of an interest or a share therein, the person indicated, in the register maintained pursuant to Division VIII, as the holder of the interest or the share; (Version anglaise seulement)

interest

interest means any former exploration agreement, former lease, former permit, former special renewal permit, exploration licence, production licence or significant discovery licence; (titre)

interest owner

interest owner means the interest holder who holds an interest or the group of interest holders who hold all of the shares in an interest; (Version anglaise seulement)

prescribed

prescribed means

  • (a) in the case of a form or the information to be given on a form, prescribed by the Board, and

  • (b) in any other case, prescribed by regulations made by the Governor in Council; (Version anglaise seulement)

share

share means, with respect to an interest, an undivided share in the interest or a share in the interest held in accordance with section 69; (fraction)

significant discovery

significant discovery means a discovery indicated by the first well on a geological feature that demonstrates by flow testing the existence of hydrocarbons in that feature and, having regard to geological and engineering factors, suggests the existence of an accumulation of hydrocarbons that has potential for sustained production; (découverte importante)

significant discovery area

significant discovery area means, in relation to a declaration of significant discovery made pursuant to subsection 74(1) or (2), those portions of the offshore area described in the declaration. (périmètre de découverte importante)

Marginal note:Aboriginal rights

 Nothing in this Part shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.

Application

Marginal note:Application

 This Part applies to the frontier lands within the offshore area.

DIVISION IGeneral

Manner of Giving Notices

Marginal note:Giving notice

 Where a notice is required to be given under this Part or the regulations, it shall be given in such form and manner as may be prescribed and shall contain such information as may be prescribed.

  • 1988, c. 28, s. 52
  • 1992, c. 1, s. 144(F)

Her Majesty

Marginal note:Binding on Her Majesty

 This Part is binding on Her Majesty in right of Canada or a province.

Designations and Appointments

Marginal note:Delegation

 The Board may designate any person to exercise the powers and perform the duties and functions under this Part that are specified in the designation and on such designation that person may exercise those powers and shall perform those duties and functions subject to such terms and conditions, if any, as are specified in the designation.

Marginal note:Advisory bodies

  •  (1) The Board may from time to time appoint and fix the terms of reference of such advisory bodies as the Board considers appropriate to advise the Board with respect to such matters relating to the administration or operation of this Part or Part III as are referred to them by the Board.

  • Marginal note:Remuneration

    (2) The members of any advisory body appointed under subsection (1) may be paid for their services such remuneration and expenses as are fixed by the Board.

Marginal note:Appointment of representative

  •  (1) Where an interest owner consists of two or more holders, such holders shall, in the manner prescribed, appoint one of their number to act as representative of the interest owner for the purposes of this Part, but such holders may, with the consent of the Board, appoint different representatives for different purposes.

  • Marginal note:Designation of representative

    (2) In the event that an interest owner consisting of two or more holders fails to appoint a representative for any of the purposes of this Part, the Board may designate one of such holders as the representative of the interest owner for such purposes.

  • Marginal note:Acts or omissions of representative binding

    (3) An interest owner is bound by the acts or omissions of the appointed or designated representative of the interest owner with respect to any matter to which the authority of the representative extends.

  • Marginal note:Duties of representative

    (4) A representative of an interest owner appointed or designated under this section shall perform the duties in respect of the purposes for which that representative has been appointed or designated, and any operating agreement or other similar arrangement in force in respect of the relevant interest of that interest owner stands varied or amended to the extent necessary to give effect to this subsection.

General Rules Respecting Interests

Marginal note:No issuance of interests in respect of certain areas

  •  (1) Subject to sections 32 to 37, the Board may, except in a case referred to in subsection (2), by order, for such purposes and under such conditions as may be set out in the order, prohibit the issuance of interests in respect of such portions of the offshore area as are specified in the order.

  • Marginal note:Exclusive decision of Federal Minister

    (2) The Federal Minister may, by order, in the case of a disagreement with any foreign government concerning the location of an international boundary and under such conditions as may be set out in the order, prohibit the issuance of interests in respect of such portions of the offshore area as are specified in the order.

Marginal note:Surrender of interests

  •  (1) An interest owner may, in the manner prescribed and subject to any requirements that may be prescribed respecting the minimum geographical area to which an interest may relate, surrender an interest in respect of all or any portion of the offshore area subject to the interest.

  • Marginal note:Debts due to Her Majesty not affected

    (2) Any liability of an interest owner or interest holder to Her Majesty in right of Canada, either direct or by way of indemnity, that exists at the time of any surrender under subsection (1) is not affected by the surrender.

Marginal note:Orders to prohibit activities in certain circumstances

  •  (1) Subject to subsection (2), the Board may, in the case of

    • (a) an environmental or social problem of a serious nature, or

    • (b) dangerous or extreme weather conditions affecting the health or safety of people or the safety of equipment,

    by order, prohibit any interest owner specified in the order from commencing or continuing any work or activity on all or any portion of the offshore area subject to the interest.

  • Marginal note:Fundamental decisions

    (2) An order of the Board made in a case referred to in paragraph (1)(a) is subject to sections 32 to 37.

  • Marginal note:Order of Federal Minister

    (3) The Federal Minister may, in the case of a disagreement with any foreign government concerning the location of an international boundary, by order, prohibit any interest owner specified in the order from commencing or continuing any work or activity on all or any portion of the offshore area subject to the interest.

  • Marginal note:Suspension of requirements in relation to interest

    (4) Where, by reason of an order made under subsection (1) or (3), any requirement in relation to an interest cannot be complied with while the order is in force, compliance with the requirement is suspended until the order is revoked.

  • Marginal note:Extension of term of interest

    (5) Notwithstanding any other provision in this Act, the term of an interest that is subject to an order under subsection (1) or (3) and the period provided for compliance with any requirement in relation to the interest are extended for a period equal to the period that the order is in force.

  • Marginal note:Relieving authority not affected

    (6) Nothing in this section affects the authority of the Board to relieve a person from any requirement in relation to an interest or under this Part or the regulations.

DIVISION IIGeneral Rules Relating to Issuance of Interests

Authority to Issue Interests

Marginal note:Authority to issue interests

  •  (1) The Board may issue interests in respect of any portion of the offshore area in accordance with this Part and the regulations.

  • Marginal note:Fundamental decision

    (2) The issuance of an interest by the Board is subject to sections 32 to 37 unless the interest is issued pursuant to subsection 76(1) or paragraph 84(1)(a).

  • Marginal note:Application of interest may be limited

    (3) Subject to subsection (4), the application of any interest may be restricted to such geological formations and to such substances as may be specified in the interest.

  • Marginal note:Non-retrospective effect of subsection (3)

    (4) Subsection (3) does not apply to any interest

    • (a) that is in force or in respect of which negotiations were completed before or on the coming into force of this section in relation to any portion of the offshore area; or

    • (b) that immediately succeeds an interest referred to in paragraph (a) in relation to that portion of the offshore area where that portion was not a Crown reserve area on the expiration of the interest referred to in paragraph (a).

Issuance of Interests in Relation to Crown Reserve Areas

Marginal note:Calls for bids

  •  (1) Subject to section 64, the Board shall not issue an interest in relation to Crown reserve areas unless

    • (a) prior thereto, the Board has made a call for bids in relation to those Crown reserve areas by publishing a notice in accordance with this section and section 66; and

    • (b) the interest is issued to the person who submitted, in response to the call, the bid selected by the Board in accordance with subsection 62(1).

  • Marginal note:Fundamental decision

    (2) The making of a call for bids by the Board is subject to sections 32 to 37.

  • Marginal note:Requests for postings of portions of the offshore area

    (3) Any request received by the Board to make a call for bids in relation to particular portions of the offshore area shall be considered by the Board in selecting the portions of the offshore area to be specified in a call for bids.

  • Marginal note:Contents of call

    (4) A call for bids shall specify

    • (a) the interest to be issued and the portions of the offshore area to which the interest is to apply;

    • (b) where applicable, the geological formations and substances to which the interest is to apply;

    • (c) the other terms and conditions subject to which the interest is to be issued;

    • (d) any terms and conditions that a bid must satisfy to be considered by the Board;

    • (e) the form and manner in which a bid is to be submitted;

    • (f) subject to subsection (5), the closing date for the submission of bids; and

    • (g) the sole criterion that the Board will apply in assessing bids submitted in response to the call.

  • Marginal note:Time of publishing call

    (5) Unless otherwise prescribed, a call for bids shall be published at least one hundred and twenty days before the closing date for the submission of bids specified in the call.

Marginal note:Selection of bid

  •  (1) A bid submitted in response to a call for bids shall not be selected unless

    • (a) the bid satisfies the terms and conditions and is submitted in the form and manner specified in the call; and

    • (b) the selection is made on the basis of the criterion specified in the call.

  • Marginal note:Publication of bid selected

    (2) Where the Board selects a bid submitted in response to a call for bids, the Board shall publish a notice in accordance with section 66 setting out the terms and conditions of that bid.

  • Marginal note:Interest to be consistent with bid

    (3) Where an interest is to be issued as a result of a call for bids, the terms and conditions of the interest shall be substantially consistent with any terms and conditions in respect of the interest specified in the call.

  • Marginal note:Publication of terms and conditions of interest

    (4) The Board shall publish a notice in accordance with section 66 setting out the terms and conditions of any interest issued as a result of a call for bids as soon as practicable after the issuance thereof.

Marginal note:Issuance of interest not required

  •  (1) The Board is not required to issue an interest as a result of a call for bids.

  • Marginal note:New call required

    (2) Subject to section 64, where the Board has not issued an interest with respect to a particular portion of the offshore area specified in a call for bids within six months after the closing date specified in the call for the submission of bids, the Board shall, before issuing an interest in relation to that portion of the offshore area, make a new call for bids.

Marginal note:Exception to call for bids

  •  (1) Subject to sections 32 to 37, the Board may issue an interest, in relation to any Crown reserve area, without making a call for bids where

    • (a) the portion of the offshore area to which the interest is to apply has, through error or inadvertence, become a Crown reserve area and the interest owner who last held an interest in relation to such portion of the offshore area has, within one year after the time it so became a Crown reserve area, requested the Board to issue an interest; or

    • (b) the Board is issuing the interest to an interest owner in exchange for the surrender by the interest owner, at the request of the Board, of any other interest or a share in any other interest, in relation to all or any portion of the offshore area subject to that other interest.

  • Marginal note:Notice

    (2) Where the Board proposes to issue an interest under subsection (1), the Board shall, not later than ninety days before issuing the interest, publish a notice in accordance with section 66 setting out the terms and conditions of the proposed interest.

Marginal note:Interest not vitiated by failure to comply with call procedures

 Where an interest has been issued, it is not vitiated by reason only of a failure to comply with any of the requirements set out in sections 61 to 64 respecting the form and content of, and time and manner of publishing, any notice required by those sections in relation to that interest.

Marginal note:Manner of publication of notices

 Any notice required to be published by the Board pursuant to subsection 61(1), 62(2) or (4), 64(2) or 71(2) shall be published in the Canada Gazette and in any other publication the Board deems appropriate and, notwithstanding those subsections, may contain only a summary of the information required to be published and a statement that the full text thereof is available for inspection by any person on request made to the Board.

Marginal note:Regulations

 Subject to section 6, the Governor in Council may, for the purposes of section 61, make regulations of general application in relation to the offshore area or any portion thereof, or in respect of any particular call for bids, prescribing the terms, conditions and criterion to be specified in a call for bids, the manner in which bids are to be submitted and requiring those terms and conditions and that criterion and manner to be specified in the call.

DIVISION IIIExploration

Exploration Licences

Marginal note:Rights under exploration licences

 An exploration licence confers, with respect to the portions of the offshore area to which the licence applies,

  • (a) the right to explore for, and the exclusive right to drill and test for, petroleum;

  • (b) the exclusive right to develop those portions of the offshore area in order to produce petroleum; and

  • (c) the exclusive right, subject to compliance with the other provisions of this Part, to obtain a production licence.

Marginal note:Shares

 A share in an exploration licence may, subject to any requirements that may be prescribed, be held with respect to a portion only of the offshore area subject to the exploration licence.

Marginal note:Terms and conditions

  •  (1) An exploration licence shall contain such terms and conditions as may be prescribed and may contain any other terms and conditions, not inconsistent with this Part or the regulations, as may be agreed on by the Board, subject to sections 32 to 37, and the interest owner of the licence.

  • Marginal note:Regulations

    (2) Subject to section 6, the Governor in Council may make regulations prescribing terms and conditions required to be included in exploration licences issued in relation to the offshore area or any portion thereof.

Marginal note:Amendment of exploration licence

  •  (1) The Board, subject to sections 32 to 37, and the interest owner of an exploration licence may, by agreement, amend any provision of the exploration licence in any manner not inconsistent with this Part or the regulations and, without limiting the generality of the foregoing, may, subject to subsection (2), amend the licence to include any other portion of the offshore area.

  • Marginal note:Exception

    (2) The Board shall not amend an exploration licence to include any portion of the offshore area that, immediately prior to the inclusion, was a Crown reserve area unless the Board would be able to issue an interest to that interest owner in relation to that area under subsection 64(1) and a notice has been published in accordance with section 66 not later than ninety days before making the amendment, setting out the terms and conditions of the amendment.

  • Marginal note:Consolidation of exploration licences

    (3) Subject to sections 32 to 37, the Board may, on the application of the interest owners of two or more exploration licences, consolidate those exploration licences into a single exploration licence, subject to any terms and conditions that may be agreed on by the Board and those interest owners.

Marginal note:Effective date of exploration licence

  •  (1) The effective date of an exploration licence is the date specified in the licence as the effective date thereof.

  • Marginal note:Non-renewable term of nine years

    (2) Subject to subsection (3) and section 73, the term of an exploration licence shall not exceed nine years from the effective date of the licence and shall not be extended or renewed.

  • Marginal note:Exception

    (3) Subject to section 73, the term of an exploration licence entered into or in respect of which negotiations have been completed before December 20, 1985 may be renegotiated once only for a further term not exceeding four years and thereafter the term thereof shall not be renegotiated, extended or renewed.

  • Marginal note:Crown reserve areas on expiration of licence

    (4) On the expiration of an exploration licence, the portions of the offshore area to which the exploration licence related and that are not subject to a production licence or a significant discovery licence become Crown reserve areas.

Marginal note:Continuation of exploration licence where drilling commenced

  •  (1) Where, prior to the expiration of the term of an exploration licence, the drilling of any well has been commenced on any portion of the offshore area to which the exploration licence applies, the exploration licence continues in force while the drilling of that well is being pursued diligently and for so long thereafter as may be necessary to determine the existence of a significant discovery based on the results of that well.

  • Marginal note:Deemed pursued diligently

    (2) Where the drilling of a well referred to in subsection (1) is suspended by reason of dangerous or extreme weather conditions or mechanical or other technical problems encountered in the drilling of the well, the drilling of that well shall, for the purposes of subsection (1), be deemed to be being pursued diligently during the period of suspension.

  • Marginal note:Drilling of second well deemed commenced

    (3) Where the drilling of a well referred to in subsection (1) cannot be completed for mechanical or other technical problems and if, within ninety days after the cessation of drilling operations with respect to that well, or such longer period as the Board determines, the drilling of another well is commenced on any portion of the offshore area that was subject to the exploration licence, the drilling of that other well shall, for the purposes of subsection (1), be deemed to have commenced prior to the expiration of the term of the exploration licence.

Significant Discoveries

Marginal note:Application for declaration of significant discovery

  •  (1) Subject to section 127, where a significant discovery has been made on any portion of the offshore area that is subject to an interest or a share therein held in accordance with section 69, the Board shall, on the application of the interest holder of the interest or share made in the form and manner and containing such information as may be prescribed, make a written declaration of significant discovery in relation to those portions of the offshore area in respect of which there are reasonable grounds to believe that the significant discovery may extend.

  • Marginal note:Declaration on initiative of Board

    (2) Where a significant discovery has been made on any portion of the offshore area, the Board may, by order subject to section 127, make a declaration of significant discovery in relation to those portions of the offshore area in respect of which there are reasonable grounds to believe the significant discovery may extend.

  • Marginal note:Description of offshore area subject to declaration

    (3) A declaration made pursuant to subsection (1) or (2) shall describe the portions of the offshore area to which the declaration applies.

  • Marginal note:Amendment or revocation of declaration

    (4) Subject to subsection (5), where a declaration of significant discovery is made pursuant to subsection (1) or (2) and, based on the results of further drilling, there are reasonable grounds to believe that a discovery is not a significant discovery or that the portions of the offshore area to which the significant discovery extends differ from the significant discovery area, the Board may, subject to section 127 and as appropriate in the circumstances,

    • (a) amend the declaration of significant discovery by increasing or decreasing the significant discovery area; or

    • (b) revoke the declaration.

  • Marginal note:Idem

    (5) A declaration of significant discovery shall not be amended to decrease the significant discovery area or revoked earlier than

    • (a) in the case of a significant discovery area that is subject to a significant discovery licence issued pursuant to subsection 76(1), the date on which the exploration licence referred to in that subsection expires; and

    • (b) in the case of a significant discovery area that is subject to a significant discovery licence issued pursuant to subsection 76(2), three years after the effective date of the significant discovery licence.

  • Marginal note:Notice

    (6) A copy of a declaration of significant discovery and of any amendment or revocation thereof made under this section in relation to any portion of the offshore area subject to an interest shall be sent by registered mail to the interest owner of that interest.

Significant Discovery Licences

Marginal note:Rights under significant discovery licence

 A significant discovery licence confers, with respect to the portions of the offshore area to which the licence applies,

  • (a) the right to explore for, and the exclusive right to drill and test for, petroleum;

  • (b) the exclusive right to develop those portions of the offshore area in order to produce petroleum; and

  • (c) the exclusive right, subject to compliance with the other provisions of this Part, to obtain a production licence.

Marginal note:Significant discovery licence in relation to areas subject to exploration licences

  •  (1) Where a declaration of significant discovery is in force and all or a portion of the significant discovery area is subject to an exploration licence or a share therein held in accordance with section 69, the Board shall, on application of the interest holder of the exploration licence or the share made in the form and manner and containing such information as may be prescribed, issue to the interest holder a significant discovery licence in respect of all portions of the significant discovery area that are subject to the exploration licence or the share.

  • Marginal note:Significant discovery licence in relation to Crown reserve areas

    (2) Where a declaration of significant discovery is in force and the significant discovery area extends to a Crown reserve area, the Board may, after making a call for bids in relation to that Crown reserve area or any portion thereof and selecting a bid submitted in response to the call in accordance with subsection 62(1), issue a significant discovery licence to the person who submitted that bid in relation to the Crown reserve area specified in the call.

  • Marginal note:Fundamental decision

    (3) The making of a call for bids and the issuance of a significant discovery licence by the Board pursuant to subsection (2) is subject to sections 32 to 37.

  • Marginal note:Terms and conditions of significant discovery licence

    (4) A significant discovery licence shall be in the form prescribed and may contain any other terms and conditions, not inconsistent with this Part or the regulations, as may be agreed on by the Board, subject to sections 32 to 37, and the interest owner of the significant discovery licence.

Marginal note:Reduction of area subject to significant discovery licence

  •  (1) Where a significant discovery area in relation to a declaration of significant discovery is decreased pursuant to an amendment made under subsection 74(4), any significant discovery licence that was issued on the basis of that declaration shall be amended by decreasing accordingly the portions of the offshore area subject to that licence.

  • Marginal note:Increase in area subject to significant discovery licence

    (2) Where a significant discovery area in relation to a declaration of significant discovery is increased pursuant to an amendment made under subsection 74(4), any significant discovery licence that was issued on the basis of that declaration shall be amended to include all portions of the amended significant discovery area that are subject to any exploration licence held by the interest owner of that significant discovery licence at the time the significant discovery area is so increased.

Marginal note:Exploration licence ceases to have effect

  •  (1) On the issuance of a significant discovery licence pursuant to subsection 76(1) with respect to a significant discovery area, any exploration licence ceases to have effect in relation to that significant discovery area.

  • Marginal note:Effective date of significant discovery licence

    (2) The effective date of a significant discovery licence is the date of application for the licence.

  • Marginal note:Term of significant discovery licence

    (3) Subject to subsection 88(1), a significant discovery licence continues in force, in relation to each portion of the offshore area to which the licence applies, during such period as the declaration of significant discovery on the basis of which the licence was issued remains in force in relation to that portion.

  • Marginal note:Crown reserve area on expiration of licence

    (4) On the expiration of a significant discovery licence, any portion of the offshore area to which the significant discovery licence related and that is not subject to a production licence becomes a Crown reserve area.

Drilling Orders

Marginal note:Drilling orders

  •  (1) Subject to subsections (2) to (4) and sections 32 to 37, the Board may, at any time after making a declaration of significant discovery, by order subject to section 127, require the interest owner of any interest in relation to any portion of the significant discovery area to drill a well on any portion of the significant discovery area that is subject to that interest, in accordance with such directions as may be set out in the order, and to commence the drilling within one year after the making of the order or within such longer period as the Board specifies in the order.

  • Marginal note:Exception

    (2) No order may be made under subsection (1) with respect to any interest owner who has completed a well on the relevant portion of the offshore area within six months after the completion of that well.

  • Marginal note:Condition

    (3) No order may be made under subsection (1) within the three years immediately following the well termination date of the well indicating the relevant significant discovery.

  • Marginal note:Idem

    (4) No order made under subsection (1) may require an interest owner to drill more than one well at a time on the relevant portion of the offshore area.

  • Definition of well termination date

    (5) For the purposes of subsection (3), well termination date means the date on which a well has been abandoned, completed or suspended in accordance with any applicable drilling regulations.

  • 1988, c. 28, s. 79
  • 2015, c. 4, s. 78

Marginal note:Information may be disclosed

  •  (1) The Board may, notwithstanding section 122, provide information or documentation relating to a significant discovery to any interest owner who requires such information or documentation to assist the interest owner in complying with an order made under subsection 79(1).

  • Marginal note:Idem

    (2) An interest owner shall not disclose any information or documentation provided to that interest owner under subsection (1) except to the extent necessary to enable the interest owner to comply with an order made under subsection 79(1).

DIVISION IVProduction

Commercial Discoveries

Marginal note:Application for declaration of commercial discovery

  •  (1) Subject to section 127, where a commercial discovery has been made on any portion of the offshore area that is subject to an interest or a share therein held in accordance with section 69, the Board shall, on the application of the interest holder of the interest or the share made in the form and manner and containing such information as may be prescribed, make a written declaration of commercial discovery in relation to those portions of the offshore area in respect of which there are reasonable grounds to believe that the commercial discovery may extend.

  • Marginal note:Declaration on initiative of Board

    (2) Subject to section 127, where a commercial discovery has been made on any portion of the offshore area, the Board may, by order, make a declaration of commercial discovery in relation to those portions of the offshore area in respect of which there are reasonable grounds to believe that the commercial discovery may extend.

  • Marginal note:Application of certain provisions

    (3) Subsections 74(3), (4) and (6) apply, with such modifications as the circumstances require, with respect to a declaration made pursuant to subsection (1) or (2).

Development Orders

Marginal note:Notice of order to reduce term of interest

  •  (1) Subject to sections 32 to 37, the Board may, at any time after making a declaration of commercial discovery, give notice to the interest owner of any interest in relation to any portion of the commercial discovery area where commercial production of petroleum has not commenced before that time stating that, after such period of not less than six months as may be specified in the notice, an order may be made reducing the term of that interest.

  • Marginal note:Opportunity for submissions

    (2) During the period specified in a notice sent to an interest owner under subsection (1), the Board shall provide a reasonable opportunity for the interest owner to make such submissions as the interest owner considers relevant to determining whether the Board should make an order reducing the term of the relevant interest.

  • Marginal note:Order reducing term of interest

    (3) Notwithstanding any other provision of this Act but subject to sections 32 to 37, where the Board is of the opinion that it is in the public interest, the Board may, at any time not later than six months after the expiration of the period specified in a notice in respect of an interest sent under subsection (1), by order subject to section 127, reduce the term of the interest to three years after the date the order is made or such longer period as may be specified in the order.

  • Marginal note:All interests cease

    (4) Notwithstanding any other provision of this Act but subject to subsections (5) and (6), where an order is made under subsection (3), any interest in respect of a portion of the offshore area within the area to which the interest that is the subject of the order applied on the date the order was made ceases to have effect at the end of the period specified in the order.

  • Marginal note:Order ceases to have effect where production commences

    (5) Where commercial production of petroleum on any portion of the offshore area referred to in subsection (4) commences before the expiration of the period specified in an order made under subsection (3) or the period extended pursuant to subsection (6), the order ceases to have effect and is deemed to have been vacated.

  • Marginal note:Extension of period

    (6) Subject to sections 32 to 37, the Board may extend the period specified in an order made under subsection (3) or may revoke the order.

Issuance of Production Licences

Marginal note:Rights under production licence

  •  (1) A production licence confers, with respect to the portions of the offshore area to which the licence applies,

    • (a) the right to explore for, and the exclusive right to drill and test for, petroleum;

    • (b) the exclusive right to develop those portions of the offshore area in order to produce petroleum;

    • (c) the exclusive right to produce petroleum from those portions of the offshore area; and

    • (d) title to the petroleum so produced.

  • Marginal note:Exception

    (2) Notwithstanding subsection (1), the Board may, subject to such terms and conditions as the Board deems appropriate, authorize any interest holder of an interest or a share therein to produce petroleum on the portions of the offshore area subject to the interest or share for use in the exploration or drilling for or development of petroleum on any portion of the offshore area.

Marginal note:Issuance of production licence

  •  (1) Subject to section 90, the Board, on application made in the form and manner and containing such information as may be prescribed,

    • (a) shall issue a production licence to one interest owner, in respect of any one commercial discovery area or portion thereof that is subject to an exploration licence or a significant discovery licence held by that interest owner; and

    • (b) may, subject to such terms and conditions as may be agreed on by the Board and the relevant interest owners and to sections 32 to 37, issue a production licence to

      • (i) one interest owner, in respect of two or more commercial discovery areas or portions thereof that are subject to an exploration licence or a significant discovery licence held by that interest owner, or

      • (ii) two or more interest owners, in respect of one or more commercial discovery areas or portions thereof that are subject to an exploration licence or a significant discovery licence held by any of those interest owners.

  • Marginal note:Production licence in relation to Crown reserve areas

    (2) Where a declaration of commercial discovery is in force and the commercial discovery area extends to a Crown reserve area, the Board may, after making a call for bids in relation to that Crown reserve area or any portion thereof and selecting a bid submitted in response to the call in accordance with subsection 62(1), issue a production licence to the person who submitted that bid in relation to the Crown reserve area specified in the call.

  • Marginal note:Fundamental decision

    (3) The making of a call for bids and the issuance of a production licence by the Board pursuant to subsection (2) is subject to sections 32 to 37.

  • Marginal note:Terms and conditions of production licence

    (4) A production licence shall be in the form prescribed and may contain any terms and conditions, not inconsistent with this Part or the regulations, as may be agreed on by the Board, subject to sections 32 to 37, and the interest owner of the production licence.

  • 1988, c. 28, s. 84
  • 1993, c. 47, s. 13

Marginal note:Consolidation of production licences

 Subject to sections 32 to 37, the Board may, on the application of the interest owners of two or more production licences, consolidate those production licences into a single production licence, on such terms and conditions as may be agreed on by the Board and those interest owners.

Marginal note:Reduction of area subject to production licence

  •  (1) Where a commercial discovery area in relation to a declaration of commercial discovery is decreased pursuant to an amendment made under subsections 74(4) and 81(3), any production licence that was issued on the basis of that declaration shall be amended by decreasing accordingly the portions of the offshore area subject to that licence.

  • Marginal note:Increase in area subject to production licence

    (2) Where a commercial discovery area in relation to a declaration of commercial discovery is increased pursuant to an amendment made under subsections 74(4) and 81(3), any production licence that was issued on the basis of that declaration shall be amended to include all portions of the amended commercial discovery area that are subject to an exploration licence or a significant discovery licence held by the interest owner of that production licence at the time the commercial discovery area is so increased.

Marginal note:Term of production licence

  •  (1) Subject to subsections (2) to (4), a production licence is effective from the date it is issued and shall be issued for a term of twenty-five years.

  • Marginal note:Idem

    (2) Where a declaration of commercial discovery on the basis of which a production licence was issued is, pursuant to subsections 74(4) and 81(3), revoked or amended to exclude all portions of the commercial discovery area in relation to which the production licence was issued, the production licence ceases to be in force.

  • Marginal note:Automatic extension of term

    (3) Where, on the expiration of the term of a production licence, petroleum is being produced commercially, the term is extended for such period thereafter during which commercial production of petroleum continues.

  • Marginal note:Discretionary extension of term

    (4) Subject to sections 32 to 37, the Board may, by order, on such terms and conditions as may be specified in the order, extend the term of a production licence where

    • (a) commercial production of petroleum from the portions of the offshore area subject to the licence ceases before or on the expiration of the twenty-five year term of the production licence and the Board has reasonable grounds to believe that commercial production from such portions of the offshore area will recommence; or

    • (b) the Board has reasonable grounds to believe that commercial production of petroleum from such portions of the offshore area will, at any time before or after the expiration of the term of the licence, cease during any period and thereafter recommence.

Marginal note:Lapsing of other interests

  •  (1) On the issuance of a production licence, any interest in relation to the portions of the offshore area in respect of which the production licence is issued held immediately prior to the issuance of the production licence ceases to have effect in relation to such portions of the offshore area, but otherwise continues to have effect according to its terms and the provisions of this Act.

  • Marginal note:Areas become Crown reserve areas on expiration of term

    (2) On the expiration of a production licence, the portions of the offshore area in relation to which the production licence was issued become Crown reserve areas.

Subsurface Storage Licences

Marginal note:Licence for subsurface storage

  •  (1) Subject to sections 32 to 37, the Board may, subject to any terms and conditions the Board considers appropriate, issue a licence for the purpose of subsurface storage of petroleum or any other substance approved by the Board in portions of the offshore area at depths greater than twenty metres.

  • Marginal note:Prohibition

    (2) No portion of the offshore area shall be used for a purpose referred to in subsection (1) without a licence referred to therein.

Qualification for Production Licence

Marginal note:Qualification for production licence

 No production licence or share in a production licence may be held by any person other than a corporation incorporated in Canada.

  • 1988, c. 28, s. 90
  • 1993, c. 47, s. 14

DIVISION V[Repealed, 1993, c. 47, s. 15]

DIVISION VIRoyalties

Reservation of Royalties

Marginal note:Royalties reserved

  •  (1) There is hereby reserved to Her Majesty in right of Canada, and each holder of a share in a production licence is liable for and shall pay to Her Majesty in right of Canada, in accordance with subsection (3), the royalties, interest and penalties that would be payable in respect of petroleum under the Offshore Petroleum Royalty Act if the petroleum were produced from Nova Scotia lands within the meaning of the Provincial Act.

  • Marginal note:Exception

    (2) Notwithstanding subsection (1), where petroleum is subject to a royalty under the Offshore Petroleum Royalty Act, that petroleum is not subject to a royalty under subsection (1).

  • Marginal note:Application of Nova Scotia legislation

    (3) Subject to this Act and the regulations, the Offshore Petroleum Royalty Act and any regulations made thereunder apply, with such modifications as the circumstances require, for the purposes of this section and, without limiting the generality of the foregoing,

    • (a) a reference in that Act to Her Majesty in right of the Province shall be deemed to be a reference to Her Majesty in right of Canada;

    • (b) a reference in that Act to the Province of Nova Scotia or the Province or Nova Scotia lands shall be deemed to be a reference to the offshore area; and

    • (c) a reference in that Act to the Minister responsible for the administration of that Act shall be deemed to be a reference to the Federal Minister.

  • Marginal note:Remedies for unpaid royalties

    (4) Notwithstanding any other provision of this Act, but subject to subsection (5), for the purposes of this section, where a person is in default in accordance with the Offshore Petroleum Royalty Act and any regulations made thereunder in the payment of any amount payable under this section in respect of any interest issued in relation to any portion of the offshore area, the Provincial Minister may, for so long as the amount remains unpaid, direct the Board to

    • (a) refuse to issue to that person any interest in relation to any portion of the offshore area;

    • (b) refuse to authorize, pursuant to Part III, that person to carry on any work or activity related to the exploration for or the production of petroleum on any portion of the offshore area and may suspend any such authorization already given; and

    • (c) exercise the powers under subsections 126(1) and (2).

  • Marginal note:Idem

    (5) Notwithstanding any other provision of this Act, a decision of the Board made in accordance with a direction of the Provincial Minister pursuant to subsection (4) is not a fundamental decision.

  • Marginal note:No remedy pending appeals

    (6) No remedy may be exercised pursuant to subsection (4) in respect of a default in payment of an amount pending any assessment, reassessment, appeal or review in respect of that default under the Offshore Petroleum Royalty Act and any regulations made thereunder or otherwise provided by law.

  • Marginal note:No Crown share

    (7) No provision of this Act or the Provincial Act or any regulation made thereunder shall apply so as to reserve to Her Majesty a Crown share in any interest issued in respect of any portion of the offshore area.

  • 1988, c. 28, s. 99
  • 2015, c. 4, s. 79(F)

Marginal note:Power to collect

  •  (1) Subject to subsection (6), where an agreement is entered into pursuant to subsection (3), royalties, interest and penalties payable under section 99 may be collected and administered and refunds in respect thereof may be granted on behalf of the Government of Canada in accordance with the terms and conditions of the agreement, as amended from time to time pursuant to subsection (4).

  • Marginal note:Negotiation of agreement

    (2) The Federal Minister shall, on the request of the Government of the Province or the Board, negotiate an agreement with the Provincial Minister and the Board with respect to the collection and administration of the royalties, interest and penalties payable under section 99.

  • Marginal note:Agreement

    (3) On completion of the negotiation of an agreement pursuant to subsection (2), the Federal Minister, with the approval of the Governor in Council, shall, on behalf of the Government of Canada, enter into an agreement with the Government of the Province and the Board with respect to the collection and administration, on behalf of the Government of Canada, of the royalties, interest and penalties payable under section 99 and, without limiting the generality of the foregoing, with respect to the granting of refunds or the making of other payments in respect of those royalties, interest and penalties in accordance with the terms and conditions set out in the agreement.

  • Marginal note:Amendments to the agreement

    (4) The Federal Minister, with the approval of the Governor in Council, may, on behalf of the Government of Canada, enter into an agreement amending the terms and conditions of any agreement entered into pursuant to subsection (3).

  • Marginal note:Proof of provision of agreement

    (5) A document purporting to be an agreement entered into pursuant to subsection (3) or (4) that is

    • (a) published in the Canada Gazette, or

    • (b) certified as such by, or on behalf of, the Minister of National Revenue, the Receiver General, the Deputy Receiver General or the Federal Minister

    is, in the absence of evidence to the contrary, evidence of the contents thereof and is admissible in evidence without proof of the signature or official character of the person purporting to have certified it.

  • Marginal note:No further liability

    (6) An administration agreement may provide that, where any payment is received by the Government of the Province on account of any royalties, interest, penalties or other sum payable by a person under section 99, or under both section 99 and the Offshore Petroleum Royalty Act, the payment so received may be applied by the Government of the Province towards the royalties, interest, penalties or other sums payable by the person under any such provision or Act in such manner as is specified in the agreement, notwithstanding that the person directed that the payment be applied in any other manner or made no direction as to its application.

  • Marginal note:Idem

    (7) Any payment or part thereof applied by the Government of the Province in accordance with an administration agreement towards the royalties, interest, penalties or other sums payable by a person under section 99

    • (a) relieves that person of liability to pay such royalties, interest, penalties or other sums to the extent of the payment or part thereof so applied; and

    • (b) shall be deemed to have been applied in accordance with a direction made by that person.

Marginal note:Remittance to Receiver General

  •  (1) All royalties, interest and penalties payable under section 99, including the proceeds of any royalty payable in kind, shall be made payable and remitted to the Receiver General.

  • Marginal note:Consolidated Revenue Fund

    (2) On the collection or receipt of any royalties, interest and penalties by the Board pursuant to this section, the royalties shall be deposited as soon as practicable to the credit of the Receiver General and paid into the Consolidated Revenue Fund in the manner prescribed by the Treasury Board under the Financial Administration Act.

  • 1988, c. 28, s. 101
  • 2015, c. 4, s. 80(F)

Liability and Collection of Royalties

Marginal note:Debts due to Her Majesty

 All royalties, interest and penalties payable under section 99 are debts due to Her Majesty in right of Canada and are recoverable as such from the person required to pay the royalties in accordance with this Division.

DIVISION VIIEnvironmental Studies Research Fund

Marginal note:Fund continued

  •  (1) Part VII of the Canada Petroleum Resources Act applies, with such modifications as the circumstances require, within the offshore area.

  • Marginal note:Rates subject to Board’s approval

    (2) The rates fixed by the Federal Minister pursuant to section 80 of the Canada Petroleum Resources Act, as they apply to the offshore area, are subject to approval by the Board.

  • Marginal note:Appointment by Board of one of members of Environmental Studies Management Board

    (3) Notwithstanding subsection 78(2) of the Canada Petroleum Resources Act, one of the members of the Environmental Studies Management Board established by subsection 78(1) of that Act is to be appointed by the Board on the recommendation of the Provincial Minister.

  • Marginal note:Reports and recommendations to Board

    (4) The Environmental Studies Management Board referred to in subsection (3) shall submit to the Board

    • (a) a copy of every annual report and recommendation submitted to the Federal Minister pursuant to paragraph 79(1)(d) or (e) of the Canada Petroleum Resources Act, and

    • (b) a copy of that part of every budget submitted to the Federal Minister pursuant to paragraph 79(1)(c) of that Act that relates to the offshore area

    at the same time the report or recommendation is submitted to the Federal Minister.

Marginal note:Interest owner exempt from payment

 The interest owner of an interest in relation to lands situated in that portion of the offshore area that is described in Schedule IV is, in respect of those lands, exempt from the payment under section 81 of the Canada Petroleum Resources Act of any amount in respect of any period specified in a notice issued under subsection 141(1) or (2).

  • 1988, c. 28, s. 104
  • 2015, c. 39, s. 2

DIVISION VIIITransfers, Assignments and Registration

Interpretation

Marginal note:Definitions

  •  (1) In this Division,

    assignment of security interest

    assignment of security interest means a notice of the assignment of a security interest or any part thereof in respect of which a security notice has been registered under this Division; (cession de sûreté)

    court

    court means the Supreme Court of Nova Scotia and includes a judge of that Court; (tribunal)

    Deputy Registrar

    Deputy Registrar means such person as the Board may designate as the Deputy Registrar for the purposes of this Division; (directeur adjoint)

    discharge

    discharge means a notice of the discharge of a security notice or postponement and includes a partial discharge; (mainlevée)

    instrument

    instrument means a discharge, postponement, security notice, transfer or an assignment of a security interest; (acte)

    operator’s lien

    operator’s lien means any charge on or right in relation to an interest or a share in an interest

    • (a) that arises under a contract

      • (i) to which the interest owner or holder of the interest or share is a party,

      • (ii) that provides for the operator appointed thereunder to carry out any work or activity related to the exploration for or the development or production of petroleum in the portions of the offshore area to which the interest or share applies, and

      • (iii) that requires the interest owner or holder to make payments to the operator to cover all or part of the advances made by the operator in respect of the costs and expenses of such work or activity, and

    • (b) that secures the payments referred to in subparagraph (a)(iii); (privilège de l’exploitant)

    postponement

    postponement means a document evidencing the postponement of a security notice or operator’s lien; (cession de priorité)

    Registrar

    Registrar means such person as the Board may designate as the Registrar for the purposes of this Division; (directeur)

    secured party

    secured party means the person claiming a security interest under a security notice; (partie garantie)

    security interest

    security interest means any charge on or right in relation to an interest or a share in an interest that secures

    • (a) the payment of an indebtedness arising from an existing or future loan or advance of money,

    • (b) a bond, debenture or other security of a corporation, or

    • (c) the performance of the obligations of a guarantor under a guarantee given in respect of all or any part of an indebtedness referred to in paragraph (a) or all or any part of a bond, debenture or other security of a corporation,

    and includes a security given under section 426 of the Bank Act, but does not include an operator’s lien; (sûreté)

    security notice

    security notice means a notice of a security interest; (Version anglaise seulement)

    transfer

    transfer means a transfer of an interest or a share in an interest. (transfert)

  • Marginal note:Assignees deemed secured parties

    (2) Where an assignment of security interest is registered under this Division, a reference in this Division to a secured party shall, in respect of the security notice to which the assignment of security interest relates, be read as a reference to the assignee named in the assignment of security interest.

  • 1988, c. 28, s. 105
  • 1991, c. 46, s. 586
  • 1999, c. 31, s. 30

Transfer and Assignment

Marginal note:Notice of disposition of any interest

 Where an interest holder of an interest or any share therein enters into an agreement or arrangement that is or may result in a transfer, assignment or other disposition of the interest or any share therein, the interest holder shall give notice of such agreement or arrangement to the Board, together with a summary of its terms and conditions or, on the request of the Board, a copy of the agreement or arrangement.

 [Repealed, 1993, c. 47, s. 16]

Registration

Marginal note:Establishment of register

  •  (1) A public register of all interests and instruments registered under this Division shall be established and maintained in accordance with this Division and the regulations.

  • Marginal note:Duties of Registrar and Deputy Registrar

    (2) The Registrar and Deputy Registrar shall exercise such powers and perform such duties and functions in respect of the register and the system of registration established under this Division as may be prescribed.

Marginal note:Prohibition against registration of documents except instruments

  •  (1) No document other than an interest or instrument may be registered under this Division.

  • Marginal note:Requirements of registration

    (2) No instrument may be registered under this Division unless it has been submitted for registration in the form prescribed for that instrument, in such manner and containing such information as may be prescribed, and meets any other requirement for the registration thereof prescribed by this Division and the regulations.

 [Repealed, 1993, c. 47, s. 17]

Marginal note:Requirements of registering security notice

  •  (1) No security notice may be registered under this Division unless the security notice specifies

    • (a) the nature of the security interest claimed;

    • (b) the person from whom the security interest was acquired;

    • (c) the documents giving rise to the security interest; and

    • (d) such other particulars in respect thereof as may be prescribed.

  • Marginal note:Notice of official address

    (2) No instrument may be registered under this Division unless a notice of official address for service in respect of that instrument is filed with the Registrar in prescribed form.

  • Marginal note:Revision of notice of official address

    (3) The official address for service in respect of an instrument may be changed by filing with the Registrar another notice of official address for service, in prescribed form.

Marginal note:Security notice carries forward to new interests

 Where a significant discovery licence or production licence is issued at any time in respect of any portion of the offshore area that was not a Crown reserve area immediately before that time, the registration under this Division of a security notice in respect of the interest in force immediately preceding the issuance of that licence and relating to that portion of the offshore area applies in respect of the licence as though the security notice referred to that licence and as though that licence had been issued prior to the registration of the security notice.

Marginal note:Registration

  •  (1) Every document submitted for registration under this Division shall be examined by the Registrar and where the Registrar determines that the document is an instrument that meets all the requirements for the registration thereof prescribed by this Division and the regulations, the Registrar shall register the instrument in accordance with this Division and the regulations.

  • Marginal note:Refusal to register

    (2) Where the Registrar refuses to register any document under this Division, the Registrar shall return the document to the person submitting the document for registration and provide that person with the reasons for the refusal.

  • Marginal note:Memorandum of registration

    (3) An instrument is registered under this Division by the endorsement of a memorandum of registration on the instrument specifying the registration number of the instrument and the time and date of registration.

  • Marginal note:Chronological order of receipt for registration

    (4) Instruments accepted for registration under this Division shall be registered in the chronological order in which such instruments are received by the Registrar.

Marginal note:Deemed notice

 The registration of an instrument under this Division shall be deemed to constitute actual notice of the instrument to all persons as of the time of registration of the instrument and, in the case of a security notice, shall be deemed to constitute actual notice to all persons who may serve a demand for information under section 116 in respect of the security notice of the contents of the documents specified in the security notice.

Marginal note:Priority of rights

  •  (1) Subject to subsections (2) and (5), any particular right, in relation to an interest or a share therein, in respect of which an instrument has been registered under this Division at any time has priority over and is valid against any other right, in relation to that interest or share,

    • (a) in respect of which an instrument may be registered under this Division,

      • (i) where the instrument was not so registered, or

      • (ii) where the instrument was so registered after that time,

      whether that other right was acquired before or after that particular right; or

    • (b) in respect of which an instrument may not be registered under this Division, acquired after that time.

  • Marginal note:Transitional

    (2) Where any right in respect of which an instrument may be registered under this Division was acquired before the coming into force of this section and an instrument in respect of such right is registered under this Division not later than one hundred and eighty days after the coming into force of this section, the priority and validity of such right shall be determined as though the instrument was registered under this Division at the time the right was acquired and as though this section was in force at that time.

  • Marginal note:Idem

    (3) Notwithstanding subsection (2), no right in respect of which that subsection applies shall have priority over and be valid against any other right in respect of which that subsection applies but in respect of which an instrument is not registered within the period referred to in that subsection, where the person claiming the right in respect of which an instrument is registered within that period acquired such right with actual knowledge of the other right.

  • Marginal note:Idem

    (4) No instrument in respect of any right to which subsection (2) applies shall be registered unless it is accompanied by the statutory declaration, in prescribed form, of the person claiming such right, attesting to the time at which such right was acquired.

  • Marginal note:Operator’s lien

    (5) An operator’s lien, in relation to an interest or share therein, shall, without registration of any document evidencing the operator’s lien, have priority over and be valid against any other right, in relation to that interest or share, in respect of which an instrument may be registered under this Division, whether an instrument in respect of that other right was registered before or after the acquisition of the operator’s lien or the operator’s lien was acquired before or after that other right, unless the operator’s lien is postponed with respect to such other rights by the registration under this Division of a postponement in respect of the operator’s lien and a discharge in respect of that postponement has not been registered under this Division.

Marginal note:Demand for information

  •  (1) A person may, in accordance with this section, serve a demand for information in respect of a security notice that has been registered under this Division in relation to an interest or a share therein where that person

    • (a) is the holder of that interest or share;

    • (b) is specified in the security notice as the person from whom the security interest was acquired;

    • (c) is the secured party under another security notice registered under this Division in relation to that interest or share;

    • (d) is a member of a class of persons prescribed by the regulations for the purposes of this subsection; or

    • (e) obtains leave to do so from the court.

  • Marginal note:Contents of demand notice

    (2) A demand for information, in respect of a security notice, may be served pursuant to subsection (1) by serving on the secured party under the security notice a demand notice, in prescribed form, requiring the secured party

    • (a) to inform the person serving the demand notice, within fifteen days after service of the notice, of the place where the documents specified in the security notice or copies thereof are located and available for examination, and of the normal business hours during which the examination may be made; and

    • (b) to make such documents or copies thereof available for examination at that place during normal business hours, by or on behalf of the person serving the notice, within a reasonable period after the demand notice is served.

  • Marginal note:Service

    (3) A demand for information is served for the purposes of this section if it is sent by registered mail or delivered to the official address for service in respect of the security notice according to the records of the Registrar.

  • Marginal note:Compliance with demand

    (4) A demand for information served pursuant to subsection (1) may be complied with by mailing or delivering to the person serving the demand notice a true copy of the documents referred to in the demand notice.

  • Marginal note:Court order where failure to comply

    (5) Where a secured party fails without reasonable excuse to comply with a demand for information in respect of a security notice in relation to an interest or share therein served on the secured party in accordance with this section, the court may, on application by the person who served the demand notice, make an order requiring the secured party to comply with the demand for information within the time and in the manner specified in the order.

  • Marginal note:Where failure to comply with court order

    (6) Where a secured party fails to comply with an order of a court made under subsection (5), the court may, on the application of the person who applied for the order,

    • (a) make any other order the court considers necessary to ensure compliance with the order made under subsection (5); or

    • (b) make an order directing the Registrar to cancel the registration of the security notice.

  • Definition of document

    (7) In this section, document includes any amendment to the document.

Marginal note:Notice to take proceedings

  •  (1) A person who may serve a demand for information in respect of a security notice in relation to an interest or a share therein pursuant to subsection 116(1) may

    • (a) serve on the secured party under the security notice a notice to take proceedings, in prescribed form, directing that secured party to apply to the court within sixty days after the day on which the notice to take proceedings is served, for an order substantiating the security interest claimed in the security notice; or

    • (b) commence proceedings in the court, requiring the secured party to show cause why the registration of the security notice should not be cancelled.

  • Marginal note:Order to shorten notice to take proceedings

    (2) The court may, by order, on the ex parte application of a person who proposes to serve a notice to take proceedings under subsection (1), shorten the sixty day period referred to in paragraph (1)(a) and, if the order is made,

    • (a) paragraph (1)(a) shall, in relation to that notice to take proceedings, be deemed to refer to the shorter period; and

    • (b) a certified copy of the order shall be served with that notice to take proceedings.

  • Marginal note:Order to extend notice to take proceedings

    (3) The court may, on the application of a secured party served with a notice to take proceedings, extend the period for applying to the court referred to in paragraph (1)(a), whether or not that period has been shortened under subsection (2).

  • Marginal note:Service

    (4) A notice to take proceedings is served for the purposes of this section if it is sent by registered mail or delivered to the secured party at the official address for service in respect of the security notice according to the records of the Registrar.

  • Marginal note:Cancellation of registration of security notice

    (5) The registration of a security notice shall be cancelled on submission to the Registrar of a statutory declaration showing that

    • (a) a notice to take proceedings was served in accordance with this section; and

    • (b) no application was commenced in accordance with the notice to take proceedings or within the period extended pursuant to subsection (3) or an application so made was dismissed by the court or discontinued.

  • Marginal note:No further registration after cancellation

    (6) Where the registration of a security notice in respect of a security interest is cancelled pursuant to subsection (5) or (7), the secured party under the security notice may not submit for registration under this Division another security notice in respect of that security interest without leave of the court to do so.

  • Marginal note:Cancellation of registration on order of court

    (7) The registration of a security notice shall be cancelled where there is submitted to the Registrar a certified copy of an order or judgment of a court directing the Registrar to do so, whether as a result of proceedings taken under this Division or otherwise.

Marginal note:Transfer effective on registration

 A transfer of an interest or a share therein is not effective against the Crown prior to the registration of the transfer.

Marginal note:No restriction on rights of Board or Her Majesty

 For greater certainty, the registration of an instrument

  • (a) does not restrict or in any manner affect any right or power of the Board or of the Ministers under this Part, the regulations or the terms of any interest; and

  • (b) does not derogate from any proprietary right or any right to dispose of or exploit natural resources that Her Majesty in right of Canada has under this Act in respect of any portion of the offshore area.

Marginal note:No action for acts done in performance of official functions

 No action or other proceedings for damages shall be commenced against the Registrar or Deputy Registrar or anyone acting under the authority of the Registrar or Deputy Registrar for an act done or omission in good faith in the exercise of a power or the performance of a duty under this Division.

Marginal note:Regulations

 Subject to section 6, the Governor in Council may make regulations for carrying out the purposes and provisions of this Division and, without restricting the generality of the foregoing, may make regulations

  • (a) prescribing the powers, duties and functions of the Registrar and Deputy Registrar for the purposes of this Division and the time when, and manner and circumstances in which, they are to be exercised, and providing for the designation by the Board of any person or class of persons to exercise such powers and perform such duties and functions as may be specified in the regulations;

  • (b) governing the books, abstracts and indexes to be maintained as the register for the purposes of this Division and the particulars of interests, instruments and portions of the offshore area and the orders and declarations made in relation to interests to be recorded therein;

  • (c) governing the filing of copies of interests, registered instruments and other documents in the register established under this Division;

  • (d) governing public access to and searches of the register; and

  • (e) [Repealed, 2015, c. 4, s. 81]

  • (f) prescribing any other matter or thing that is by this Division to be prescribed.

  • 1988, c. 28, s. 121
  • 2015, c. 4, s. 81

DIVISION IXAdministration and Enforcement

Disclosure of Information

Marginal note:Definitions

  •  (1) In this section,

    delineation well

    delineation well means a well that is so located in relation to another well penetrating an accumulation of petroleum that there is a reasonable expectation that another portion of that accumulation will be penetrated by the first-mentioned well and that the drilling is necessary in order to determine the commercial value of the accumulation; (puits de délimitation)

    development well

    development well means a well that is so located in relation to another well penetrating an accumulation of petroleum that it is considered to be a well or part of a well drilled for the purpose of production or observation or for the injection or disposal of fluid into or from the accumulation; (puits d’exploitation)

    engineering research or feasibility study

    engineering research or feasibility study includes work undertaken to facilitate the design or to analyse the viability of engineering technology, systems or schemes to be used in the exploration for or the development, production or transportation of petroleum in the offshore area; (recherches ou études techniques)

    environmental study

    environmental study means work pertaining to the measurement or statistical evaluation of the physical, chemical and biological elements of the lands, oceans or coastal zones, including winds, waves, tides, currents, precipitation, ice cover and movement, icebergs, pollution effects, flora and fauna both onshore and offshore, human activity and habitation and any related matters; (études de l’environnement)

    experimental project

    experimental project means work or activity involving the utilization of methods or equipment that are untried or unproven; (opération expérimentale)

    exploratory well

    exploratory well means a well drilled on a geological feature on which a significant discovery has not been made; (puits d’exploration)

    geological work

    geological work means work, in the field or laboratory, involving the collection, examination, processing or other analysis of lithological, paleontological or geochemical materials recovered from the surface or subsurface or the seabed or its subsoil of any portion of the offshore area and includes the analysis and interpretation of mechanical well logs; (travaux de géologie)

    geophysical work

    geophysical work means work involving the indirect measurement of the physical properties of rocks in order to determine the depth, thickness, structural configuration or history of deposition thereof and includes the processing, analysis and interpretation of material or data obtained from such work; (travaux de géophysique)

    geotechnical work

    geotechnical work means work, in the field or laboratory, undertaken to determine the physical properties of materials recovered from the surface or subsurface or the seabed or its subsoil of any portion of the offshore area; (travaux de géotechnique)

    well site seabed survey

    well site seabed survey means a survey pertaining to the nature of the surface or subsurface or the seabed or its subsoil of any portion of the offshore area in the area of the proposed drilling site in respect of a well and to the conditions of those portions of the offshore area that may affect the safety or efficiency of drilling operations; (levé marin)

    well termination date

    well termination date means the date on which a well has been abandoned, completed or suspended in accordance with any applicable regulations respecting the drilling for petroleum made under Part III. (date d’abandon du puits)

  • Marginal note:Privilege

    (2) Subject to section 19 and this section, information or documentation provided for the purposes of this Part or Part III or any regulation made under either Part, whether or not such information or documentation is required to be provided under either Part or any regulation made thereunder, is privileged and shall not knowingly be disclosed without the consent in writing of the person who provided it except for the purposes of the administration or enforcement of either Part or for the purposes of legal proceedings relating to such administration or enforcement.

  • Marginal note:Idem

    (3) No person shall be required to produce or give evidence relating to any information or documentation that is privileged under subsection (2) in connection with any legal proceedings, other than proceedings relating to the administration or enforcement of this Part or Part III.

  • Marginal note:Registration of documents

    (4) For greater certainty, this section does not apply to a document that has been registered under Division VIII.

  • Marginal note:Information that may be disclosed

    (5) Subsection (2) does not apply to the following classes of information or documentation obtained as a result of carrying on a work or activity that is authorized under Part III, namely, information or documentation in respect of

    • (a) an exploratory well, where the information or documentation is obtained as a direct result of drilling the well and if two years have passed since the well termination date of that well;

    • (b) a delineation well, where the information or documentation is obtained as a direct result of drilling the well and if the later of

      • (i) two years since the well termination date of the relevant exploratory well, and

      • (ii) ninety days since the well termination date of the delineation well,

      have passed;

    • (c) a development well, where the information or documentation is obtained as a direct result of drilling the well and if the later of

      • (i) two years since the well termination date of the relevant exploratory well, and

      • (ii) sixty days since the well termination date of the development well,

      have passed;

    • (d) geological work or geophysical work performed on or in relation to any portion of the offshore area,

      • (i) in the case of a well site seabed survey where the well has been drilled, after the expiration of the period referred to in paragraph (a) or the later period referred to in subparagraph (b)(i) or (ii) or (c)(i) or (ii), according to whether paragraph (a), (b) or (c) is applicable in respect of that well, or

      • (ii) in any other case, after the expiration of five years following the date of completion of the work;

    • (e) any engineering research or feasibility study or experimental project, including geotechnical work, carried out on or in relation to any portion of the offshore area,

      • (i) where it relates to a well and the well has been drilled, after the expiration of the period referred to in paragraph (a) or the later period referred to in subparagraph (b)(i) or (ii) or (c)(i) or (ii), according to whether paragraph (a), (b) or (c) is applicable in respect of that well, or

      • (ii) in any other case, after the expiration of five years following the date of completion of the research, study or project or after the reversion of that portion of the offshore area to Crown reserve areas, whichever occurs first;

    • (f) any contingency plan formulated in respect of emergencies arising as a result of any work or activity authorized under Part III;

    • (g) diving work, weather observation or the status of operational activities or of the development of or production from a pool or field;

    • (g.1) accidents, incidents or petroleum spills, to the extent necessary to permit a person or body to produce and to distribute or publish a report for the administration of this Act in respect of the accident, incident or spill;

    • (h) any study funded from an account established under subsection 76(1) of the Canada Petroleum Resources Act, if the study has been completed; and

    • (i) an environmental study, other than a study referred to in paragraph (h),

      • (i) where it relates to a well and the well has been drilled, after the expiration of the period referred to in paragraph (a) or the later period referred to in subparagraph (b)(i) or (ii) or (c)(i) or (ii), according to whether paragraph (a), (b) or (c) is applicable in respect of that well, or

      • (ii) in any other case, if five years have passed since the completion of the study.

  • Marginal note:Disclosure — governments and agencies

    (6) The Board may disclose any information or documentation that it obtains under this Part or Part III — to officials of the Government of Canada, the Government of the Province or any other provincial government, or a foreign government or to the representatives of any of their agencies — for the purposes of a federal, provincial or foreign law, as the case may be, that deals primarily with a petroleum-related work or activity, including the exploration for and the management, administration and exploitation of petroleum resources, if

    • (a) the government or agency undertakes to keep the information or documentation confidential and not to disclose it without the Board’s written consent;

    • (b) the information and documentation is disclosed in accordance with any conditions agreed to by the Board and the government or agency; and

    • (c) in the case of disclosure to a foreign government or agency, the Federal Minister and Provincial Minister consent in writing.

  • Marginal note:Disclosure — Minister

    (7) The Board may disclose to the Federal Minister and Provincial Minister the information or documentation that it has disclosed or intends to disclose under subsection (6), but the Federal Minister and the Provincial Minister are not to further disclose that information or documentation unless the Board consents in writing to that disclosure or the Federal Minister or the Provincial Minister is required by an Act of Parliament or an Act of the Legislature of the Province, as the case may be, to disclose that information or documentation.

  • Marginal note:Consent

    (8) For the purposes of paragraph (6)(a) and subsection (7), the Board may consent to the further disclosure of information or documentation only if the Board itself is authorized under this section to disclose it.

  • Marginal note:Applicant and proposed work or activity

    (9) Subsection (2) does not apply in respect of information regarding the applicant for an operating licence or authorization under subsection 142(1) or the scope, purpose, location, timing and nature of the proposed work or activity for which the authorization is sought.

  • Marginal note:Public hearing

    (10) Subsection (2) does not apply in respect of information or documentation provided for the purposes of a public hearing conducted under section 44.1.

  • Marginal note:Safety or environmental protection

    (11) Subject to section 122.1, the Board may disclose all or part of any information or documentation related to safety or environmental protection that is provided in relation to an application for an operating licence or authorization under subsection 142(1) or to an operating licence or authorization that is issued under that subsection or provided in accordance with any regulation made under this Part or Part III. The Board is not, however, permitted to disclose information or documentation if the Board is satisfied that

    • (a) disclosure of it could reasonably be expected to result in a material loss or gain to a person, or to prejudice their competitive position, and the potential harm resulting from the disclosure outweighs the public interest in making the disclosure;

    • (b) it is financial, commercial, scientific or technical information or documentation that is confidential and has been consistently treated as such by a person who would be directly affected by its disclosure, and for which the person’s interest in confidentiality outweighs the public interest in its disclosure; or

    • (c) there is a real and substantial risk that disclosure of it will impair the security of pipelines, as defined in section 138, installations, vessels, aircraft or systems, including computer or communication systems, used for any work or activity in respect of which this Act applies — or methods employed to protect them — and the need to prevent its disclosure outweighs the public interest in its disclosure.

  • Marginal note:Exception

    (12) Subsections (9) to (11) do not apply in respect of information or documentation described in paragraphs (5)(a) to (e) and (i).

  • 1988, c. 28, s. 122
  • 1992, c. 35, s. 87
  • 2015, c. 4, s. 82

Marginal note:Notice — subsection 122(11)

  •  (1) If the Board intends to disclose any information or documentation under subsection 122(11), the Board shall make every reasonable effort to give the person who provided it written notice of the Board’s intention to disclose it.

  • Marginal note:Waiver of notice

    (2) Any person to whom a notice is required to be given under subsection (1) may waive the requirement, and if they have consented to the disclosure they are deemed to have waived the requirement.

  • Marginal note:Contents of notice

    (3) A notice given under subsection (1) shall include

    • (a) a statement that the Board intends to disclose information or documentation under subsection 122(11);

    • (b) a description of the information or documentation that was provided by the person to whom the notice is given; and

    • (c) a statement that the person may, within 20 days after the day on which the notice is given, make written representations to the Board as to why the information or documentation, or a portion of it, should not be disclosed.

  • Marginal note:Representations

    (4) If a notice is given to a person by the Board under subsection (1), the Board shall

    • (a) give the person the opportunity to make, within 20 days after the day on which the notice is given, written representations to the Board as to why the information or documentation, or a portion of it, should not be disclosed; and

    • (b) after the person has had the opportunity to make representations, but no later than 30 days after the day on which the notice is given, make a decision as to whether or not to disclose the information or documentation and give written notice of the decision to the person.

  • Marginal note:Contents of notice of decision to disclose

    (5) A notice given under paragraph (4)(b) of a decision to disclose information or documentation shall include

    • (a) a statement that the person to whom the notice is given may request a review of the decision under subsection (7) within 20 days after the day on which the notice is given; and

    • (b) a statement that if no review is requested under subsection (7) within 20 days after the day on which the notice is given, the Board shall disclose the information or documentation.

  • Marginal note:Disclosure of information or documentation

    (6) If, under paragraph (4)(b), the Board decides to disclose the information or documentation, the Board shall disclose it on the expiry of 20 days after a notice is given under that paragraph, unless a review of the decision is requested under subsection (7).

  • Marginal note:Review

    (7) Any person to whom the Board is required under paragraph (4)(b) to give a notice of a decision to disclose information or documentation may, within 20 days after the day on which the notice is given, apply to the Supreme Court of Nova Scotia for a review of the decision.

  • Marginal note:Hearing in summary way

    (8) An application made under subsection (7) shall be heard and determined in a summary way in accordance with any applicable rules of practice and procedure of that Court.

  • Marginal note:Court to take precautions against disclosing

    (9) In any proceedings arising from an application under subsection (7), the Supreme Court of Nova Scotia shall take every reasonable precaution, including, when appropriate, conducting hearings in camera, to avoid the disclosure by the Court or any person of any information or documentation that, under this Act, is privileged or is not to be disclosed.

  • 2015, c. 4, s. 83

Arbitration

 [Repealed, 1992, c. 35, s. 88]

Marginal note:Operating agreements

  •  (1) Where a dispute of a prescribed class arises between two or more interest holders of an interest in respect of any operations conducted in carrying out a work or activity in the offshore area authorized under Part III and an operating agreement or other similar arrangement that extends to such work or activity is not in force or was made prior to March 5, 1982, the matters in dispute may, by order of the Board, be submitted to arbitration conducted in accordance with the regulations.

  • Marginal note:Application

    (2) Subsection (1) applies only in respect of

    • (a) interests in force on March 5, 1982 in relation to any portion of the offshore area; and

    • (b) interests immediately succeeding the interests referred to in paragraph (a) in relation to that portion of the offshore area where that portion of the offshore area was not a Crown reserve area on the expiration of the interests referred to in paragraph (a).

  • Marginal note:Arbitration order

    (3) An order of an arbitrator made pursuant to arbitration under subsection (1) is binding on all interest holders specified in the order from the date specified in the order, and the terms and conditions of the order are deemed to be terms and conditions of the interest to which the matters relate.

Marginal note:Regulations

  •  (1) Subject to section 6, the Governor in Council may make regulations for carrying out the purposes and provisions of section 124 and, without restricting the generality of the foregoing, may make regulations

    • (a) governing arbitration and the making of arbitration orders;

    • (b) prescribing the classes of disputes that may be submitted to arbitration; and

    • (c) governing appeals from and enforcement of arbitration orders.

  • Marginal note:Application of regulations

    (2) Regulations made under subsection (1) may apply generally to the offshore area or to any portion thereof.

  • 1988, c. 28, s. 125
  • 1992, c. 35, s. 89

Cancellation of Rights

Marginal note:Notice to comply

  •  (1) If the Board has reason to believe that an interest owner or holder is failing or has failed to meet any requirement of this Part or Part III or III.1 or any regulation made under any of those Parts, the Board may give notice to that interest owner or holder requiring compliance with the requirement within 90 days after the day on which the notice is given or within any longer period that the Board considers appropriate.

  • Marginal note:Default

    (2) Notwithstanding anything in this Part but subject to sections 32 to 37, where an interest owner or holder fails to comply with a notice under subsection (1) within the period specified in the notice and the Board considers that the failure to comply warrants cancellation of the interest of the interest owner or holder or any share in the interest held by the holder with respect to a portion only of the offshore area subject to the interest, the Board may, by order subject to section 127, cancel that interest or share, and where the interest or share is so cancelled, the portions of the offshore area thereunder become Crown reserve areas.

  • 1988, c. 28, s. 126
  • 2014, c. 13, s. 63

Hearings and Judicial Review

Definition of Committee

  •  (1) In this section, Committee means the Oil and Gas Committee established pursuant to section 145.

  • Marginal note:Notice

    (2) The Board shall, not less than thirty days before making any order or decision or taking any action in respect of which it is expressly stated in this Part to be subject to this section, give notice in writing to the persons the Board considers to be directly affected by the proposed order, decision or action.

  • Marginal note:Request for hearing

    (3) Any person receiving a notice under subsection (2) may, in writing, request a hearing within the thirty day period referred to in that subsection and, on receipt of such a request, the Board shall direct the Committee to appoint a time and place for a hearing and to give notice thereof to the person who requested the hearing.

  • Marginal note:Hearing

    (4) Any person requesting a hearing under subsection (3) may make representations and introduce witnesses and documents at the hearing.

  • Marginal note:Powers of Committee

    (5) For the purposes of a hearing requested under subsection (3), the Committee has, regarding the attendance, swearing and examination of witnesses and the production and inspection of documents, all such powers, rights and privileges as are vested in a superior court of record.

  • Marginal note:Recommendations of Committee

    (6) On the conclusion of the hearing, the Committee shall submit to the Board its recommendations concerning the proposed order, decision or action of the Board, together with the evidence and other material that was before the Committee.

  • Marginal note:Order of Board

    (7) Before making any order or decision or taking any action in respect of which a hearing has been held, the Board shall consider the recommendations of the Committee.

  • Marginal note:Notification of order and reasons

    (8) Where an order, decision or action referred to in subsection (2) is made or taken, the Board shall notify the person who requested a hearing in respect of the order, decision or action under subsection (3) and, on request by that person, publish or make available to that person the reasons for the order, decision or action.

  • Marginal note:Effective date of order

    (9) Subject to subsection (10), an order, decision or action referred to in subsection (2) takes effect as of

    • (a) the day that immediately follows the last day of the thirty day period referred to in that subsection, where no hearing is requested under subsection (3); or

    • (b) the day that the order or decision is made or the action is taken by the Board, where a hearing is requested under subsection (3).

  • Marginal note:Fundamental decisions

    (10) Where a decision referred to in subsection (2) is a fundamental decision or an order or action referred to in that subsection involves the making of a fundamental decision, the periods referred to in paragraph 33(1)(a) do not commence prior to the day referred to in paragraph (9)(a) or (b), as the case may be, and the order, decision or action takes effect subject to section 33.

  • Marginal note:Judicial review

    (11) Any order, decision or action in respect of which a hearing is held under this section is subject to review and to be set aside by the Supreme Court of Nova Scotia in accordance with the practice and procedure established by or pursuant to the Provincial Act.

  • 1988, c. 28, s. 127
  • 1999, c. 31, s. 31

Regulations

Marginal note:Regulations

  •  (1) Subject to section 6, the Governor in Council may make regulations for carrying out the purposes and provisions of this Part and, without restricting the generality of the foregoing, may make regulations

    • (a) not inconsistent with the Canada Lands Surveys Act authorizing or requiring the survey, division and subdivision of the offshore area and defining and describing those divisions and subdivisions;

    • (b) prescribing the information and documentation to be provided by interest owners and interest holders for the purposes of this Part, the time when and manner in which such information and documentation is to be provided, authorizing the Board to prescribe the form in which it is to be provided and requiring such information and documentation to be provided in accordance with the regulations;

    • (c) requiring fees and deposits to be paid in respect of interests, prescribing the amounts of such fees and deposits and the time and manner of their payment and providing for the administration of such fees and deposits and the disposition and return of deposits; and

    • (d) prescribing any other matter or thing that by this Part is to be prescribed or that is to be done by regulations.

  • Marginal note:Publication of proposed regulations

    (2) Subject to subsection (3), a copy of each regulation that the Governor in Council proposes to make under this Part shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to interested persons to make representations to the Federal Minister with respect thereto.

  • Marginal note:Single publication required

    (3) No proposed regulation need be published more than once under subsection (2) whether or not it is altered or amended after such publication as a result of representations made by interested persons as provided in that subsection.

Marginal note:Forms

  •  (1) The Board may prescribe any form or any information to be given on a form that is by this Part or the regulations to be prescribed and may include on any form so prescribed a declaration, to be signed by the person completing the form, declaring that the information given by that person on the form is, to the best of the knowledge of that person, true, accurate and complete.

  • Marginal note:Forms prescribed or authorized

    (2) Every form purporting to be a form prescribed or authorized by the Board shall be deemed to be a form prescribed by the Board under this Part unless called in question by the Board or some person acting for the Board or Her Majesty in right of Canada or the Province.

  • Marginal note:Forms not regulations

    (3) Where a form or information to be given on a form is prescribed by the Board pursuant to this Part, it shall be deemed not to be a regulation within the meaning of the Statutory Instruments Act.

DIVISION XTransitional

Marginal note:Exploration agreements extant are continued

  •  (1) Where an exploration agreement in relation to any portion of the offshore area was entered into or negotiations in respect thereof were completed under the Canada Oil and Gas Act before the coming into force of this section, that exploration agreement shall, for the purposes of this Act, be referred to as an exploration licence and shall, subject to this Part, have effect in accordance with its terms and conditions.

  • Marginal note:Declarations of significant discovery are continued

    (2) Where a declaration of significant discovery was made under section 44 of the Canada Oil and Gas Act and is in force on the coming into force of this section, it continues in force as if it were made pursuant to section 74 of this Act.

  • Marginal note:Deemed significant discovery licence

    (3) Where, on the coming into force of this section, an exploration agreement is continuing in force pursuant to subsection 16(4) of the Canada Oil and Gas Act, it shall be deemed to be a significant discovery licence issued under this Part on the coming into force of this section and is subject to this Part.

Marginal note:Replacement of rights

  •  (1) Subject to section 130 and subsection 132(2), the interests provided for under this Part replace all petroleum rights or prospects thereof acquired or vested in relation to any portion of the offshore area prior to the coming into force of this section.

  • Marginal note:No compensation

    (2) No party shall have any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any servant or agent thereof for any acquired, vested or future right or entitlement or any prospect thereof that is replaced or otherwise affected by this Part, or for any duty or liability imposed on that party by this Part.

Marginal note:Regulations continue in force

  •  (1) The Canada Oil and Gas Land Regulations remain in force to the extent that they are consistent with this Part until they are revoked or replaced by regulations made under this Part.

  • Marginal note:Former interests

    (2) All interests provided by the Canada Oil and Gas Land Regulations that are in force on the coming into force of this section continue in force subject to sections 133 to 136.

  • Marginal note:Petro-Canada rights abrogated

    (3) All rights of Petro-Canada to acquire further interests or shares in interests as a result of the operation of section 33, 120 or 121 of the Canada Oil and Gas Land Regulations are abrogated as of March 5, 1982.

  • Marginal note:Idem

    (4) Where any portion of the offshore area becomes a Crown reserve area on or after April 30, 1980, Petro-Canada shall not be entitled to exercise any rights under section 33 of the Canada Oil and Gas Land Regulations with respect to that Crown reserve area.

  • Marginal note:Dealings not vitiated for failure to comply with regulations

    (5) Where a person acquires, disposes of or otherwise deals in an interest or a share in an interest in respect of which Petro-Canada would, but for the circumstances described in paragraph (a) or (b), have had any right under section 33, 120 or 121 of the Canada Oil and Gas Land Regulations, no such acquisition, disposition or dealing is vitiated by reason only of

    • (a) the failure to give Petro-Canada a notice required under any of those sections; or

    • (b) the erroneous determination of a Canadian participation rate under those regulations.

  • Marginal note:Retrospective application

    (6) Subsection (5) has retrospective application to any acquisition, disposition or dealing that occurred prior to March 5, 1982.

  • Definition of Petro-Canada

    (7) In this section, Petro-Canada means the corporation established by the Petro-Canada Act.

Marginal note:Former permits, former special renewal permits and former exploration agreements

  •  (1) Subject to sections 135 and 136, the interest owner of a former permit, former special renewal permit or former exploration agreement shall, on or before the first anniversary date of any such interest following March 5, 1982 or on or before six months following such date, whichever is the later, negotiate an exploration licence with the Board, subject to sections 32 to 37.

  • Marginal note:Surrender

    (2) Where an interest owner referred to in subsection (1) does not comply with that subsection, the portion of the offshore area under the relevant interest is deemed to be surrendered and becomes a Crown reserve area.

  • Marginal note:Extension

    (3) Notwithstanding anything in this Part, an exploration licence under subsection (1) may be extended to include all or any portion of the offshore area under the preceding interest and any related portions of the offshore area that, immediately prior to such extension, were Crown reserve areas.

  • Marginal note:Where drilling commitment exits

    (4) Where a former special renewal permit or former exploration agreement contains provisions for the drilling of one or more wells, the Board shall offer to issue an exploration licence to the interest owner for a term equal to the balance of the term of the former special renewal permit or former exploration agreement remaining on March 5, 1982 and having the same drilling provisions.

Marginal note:Former leases

  •  (1) Subject to sections 135 and 136, the interest owner of a former lease shall, on or before the first anniversary date of the former lease following March 5, 1982 or on or before six months following such date, whichever is the later, negotiate an exploration licence with the Board, subject to sections 32 to 37.

  • Marginal note:Surrender

    (2) Where an interest owner referred to in subsection (1) does not comply with that subsection, the portion of the offshore area under the former lease is deemed to be surrendered and becomes a Crown reserve area.

  • Marginal note:Application

    (3) Subsection 133(3) applies, with such modifications as the circumstances require, to lands that may be included in an exploration licence under subsection (1).

Marginal note:Extension of time

 Where an exploration licence required to be negotiated under section 133 or 134 cannot be negotiated within the period provided in those sections for any reason not attributable to the interest owner, the Board shall extend that period to allow for such negotiation within a reasonable time.

Marginal note:Consolidated exploration licence

  •  (1) One or more interest owners of former permits, former special renewal permits, former exploration agreements or former leases may, for the purposes of complying with subsection 133(1) or 134(1), negotiate together a single exploration licence that would consolidate any number or combination of such interests held by those interest owners.

  • Marginal note:Terms and conditions of exploration licence

    (2) Subject to sections 32 to 37, an exploration licence negotiated pursuant to subsection (1) shall contain any terms and conditions that may be agreed on by the Board and the interest owners thereof.

Marginal note:Crown share abrogated

 For greater certainty, the reservation to Her Majesty in right of Canada of a Crown share in any interest granted or entered into under the Canada Oil and Gas Act prior to the coming into force of this section is abrogated as of the day this section comes into force.

PART IIIPetroleum Operations

Interpretation

Marginal note:Definitions

 In this Part,

Chief Conservation Officer

Chief Conservation Officer means the person designated as the Chief Conservation Officer pursuant to section 144; (délégué à l’exploitation)

Chief Safety Officer

Chief Safety Officer means the person designated as the Chief Safety Officer pursuant to section 144; (délégué à la sécurité)

Committee

Committee means the Oil and Gas Committee established pursuant to section 145; (Comité)

lease

lease means an oil and gas lease issued pursuant to regulations made in accordance with the Territorial Lands Act and the Public Lands Grants Act and includes a production licence issued under Part II; (concession)

permit

permit means an exploratory oil and gas permit issued pursuant to regulations made in accordance with the Territorial Lands Act and the Public Lands Grants Act and includes an exploration agreement entered into under the Canada Oil and Gas Land Regulations and any exploration agreement or licence that is subject to Part II; (permis)

pipeline

pipeline means any pipe or any system or arrangement of pipes by which petroleum or water incidental to the drilling for or production of petroleum is conveyed from any wellhead or other place at which it is produced to any other place, or from any place where it is stored, processed or treated to any other place, and includes all property of any kind used for the purpose of, or in connection with or incidental to, the operation of a pipeline in the gathering, transporting, handling and delivery of petroleum and, without restricting the generality of the foregoing, includes offshore installations or vessels, tanks, surface reservoirs, pumps, racks, storage and loading facilities, compressors, compressor stations, pressure measuring and controlling equipment and fixtures, flow controlling and measuring equipment and fixtures, metering equipment and fixtures, and heating, cooling and dehydrating equipment and fixtures, but does not include any pipe or any system or arrangement of pipes that constitutes a distribution system for the distribution of gas to ultimate consumers; (pipe-line)

well

well means any opening in the ground (not being a seismic shot hole) that is made, is to be made or is in the process of being made, by drilling, boring or other method,

  • (a) for the production of petroleum,

  • (b) for the purpose of searching for or obtaining petroleum,

  • (c) for the purpose of obtaining water to inject into an underground formation,

  • (d) for the purpose of injecting gas, air, water or other substance into an underground formation, or

  • (e) for any purpose, if made through sedimentary rocks to a depth of at least one hundred and fifty metres. (puits)

  • 1988, c. 28, s. 138
  • 1992, c. 35, s. 91

Purpose

Marginal note:Purpose

 The purpose of this Part is to promote, in respect of the exploration for and exploitation of petroleum,

  • (a) safety, particularly by encouraging persons exploring for and exploiting petroleum to maintain a prudent regime for achieving safety;

  • (b) the protection of the environment;

  • (b.1) accountability in accordance with the “polluter pays” principle;

  • (c) the conservation of petroleum resources; and

  • (d) joint production arrangements.

  • 1992, c. 35, s. 92
  • 2015, c. 4, s. 84

Application

Marginal note:Application

 This Part applies in respect of the exploration and drilling for and the production, conservation, processing and transportation of petroleum in those portions of the offshore area not within the Province.

Oil and Gas Administration Advisory Council

Marginal note:Designation

 The Provincial Minister may designate one of the members of the Oil and Gas Administration Advisory Council established by the Canada Oil and Gas Operations Act.

  • 1992, c. 35, s. 93

Offshore Oil and Gas Training Standards Advisory Board

Marginal note:Approval

 The Provincial Minister may approve the establishment of the Offshore Oil and Gas Training Standards Advisory Board by the federal Ministers pursuant to subsection 5.5(1) of the Canada Oil and Gas Operations Act.

  • 1992, c. 35, s. 93

Prohibition

Marginal note:Prohibition

 No person shall carry on any work or activity related to the exploration or drilling for or the production, conservation, processing or transportation of petroleum in the offshore area unless

  • (a) that person is the holder of an operating licence issued under paragraph 142(1)(a);

  • (b) that person is the holder of an authorization issued, before the commencement of operations, under paragraph 142(1)(b) for each such work or activity; and

  • (c) where it is required, that person is authorized or entitled to carry on business in the place where that person proposes to carry on the work or activity.

  • 1988, c. 28, s. 140
  • 1992, c. 35, s. 94

Marginal note:Prohibition — Sable Island National Park Reserve of Canada

 No person shall carry on any work or activity related to the drilling for petroleum, including exploratory drilling for petroleum, in Sable Island National Park Reserve of Canada or within one nautical mile seaward of its low-water mark.

  • 2013, c. 28, s. 6

Marginal note:Jointly issued notice — prohibition

  •  (1) The Federal Minister and the Provincial Minister may jointly issue a written notice prohibiting, for a period beginning on the day specified in the notice and ending on December 31, 2022, the exploration and drilling for and the production, conservation and processing of petroleum in that portion of the offshore area described in Schedule IV, and the transportation of petroleum produced in that portion of the offshore area.

  • Marginal note:Further period

    (2) The Federal Minister and the Provincial Minister may jointly issue one or successive written notices, after a review of the environmental and socio-economic impact of exploration and drilling activities in that portion of the offshore area described in Schedule IV and any other relevant factor, each extending the prohibition established in subsection (1) in all or any part of that portion of the offshore area for a specified period of no more than 10 years.

  • Marginal note:Prohibition

    (3) No person shall, for the duration of the period specified in a written notice issued under subsection (1) or (2), engage in the activities listed in subsection (1) in that portion of the offshore area described in Schedule IV or in any part of it that is specified in the notice.

  • 1988, c. 28, s. 141
  • 2014, c. 13, s. 91(E)
  • 2015, c. 39, s. 3

Delegation

Marginal note:Delegation

 The Board may delegate any of the Board’s powers under section 142, 142.2, 142.3, 143.1, 143.2, 167.1 or 168 to any person, and the person shall exercise those powers in accordance with the terms of the delegation.

  • 1992, c. 35, s. 95
  • 2015, c. 4, s. 85

Licences and Authorizations

Operating Licences and Authorization for Work

Marginal note:Licences and authorizations

  •  (1) The Board may, on application made in the form and containing the information fixed by it and in the prescribed manner, issue

    • (a) an operating licence; and

    • (b) subject to section 45, an authorization with respect to each work or activity proposed to be carried on.

  • Marginal note:Term and renewals

    (2) An operating licence expires on the thirty-first day of March immediately after the day on which it is issued and may be renewed for successive periods not exceeding one year each.

  • Marginal note:Requirements for operating licence

    (3) An operating licence is subject to any requirements that are determined by the Board or that are prescribed and to any deposits that are prescribed.

  • Marginal note:Copy to Chief Safety Officer

    (3.1) On receipt by the Board of an application for an authorization for a work or activity referred to in paragraph (1)(b) or of an application to amend such an authorization, the Board shall provide a copy of the application to the Chief Safety Officer.

  • Marginal note:Requirements for authorization

    (4) An authorization is subject to such approvals as the Board determines or as may be granted in accordance with the regulations and such requirements and deposits as the Board determines or as may be prescribed, including

    • (a) requirements relating to liability for loss, damage, costs or expenses;

    • (b) requirements for the carrying out of environmental programs or studies; and

    • (c) requirements for the payment of expenses incurred by the Board in approving the design, construction and operation of production facilities and production platforms, as those terms are defined in the regulations.

  • Marginal note:Limitation

    (4.1) The approvals, requirements and deposits that are determined, granted or prescribed shall not be inconsistent with the provisions of this Act or the regulations.

  • Marginal note:Suspension or revocation

    (5) The Board may suspend or revoke an operating licence or an authorization for failure to comply with, contravention of or default in respect of

    • (a) a requirement, approval or deposit, determined by the Board in accordance with the provisions of this Part or Part III.1 or granted or prescribed by regulations made under either of those Parts, subject to which the licence or authorization was issued;

    • (a.1) a fee or charge payable in accordance with regulations made under section 30.1;

    • (b) a requirement undertaken in a declaration referred to in subsection 143.1(1);

    • (c) subsection 143.1(3), 143.2(2), 167.1(4) or (5) or 168(1.1), (1.2) or (5);

    • (c.1) any provision of Part III.1; or

    • (d) any applicable regulation.

  • 1988, c. 28, s. 142
  • 1992, c. 35, s. 96
  • 2014, c. 13, s. 64
  • 2015, c. 4, ss. 86, 117

Marginal note:Authorizations — Sable Island National Park Reserve of Canada

  •  (1) If the Board receives an application for an authorization with respect to a work or activity proposed to be carried on in Sable Island National Park Reserve of Canada, it shall, within 60 days after the day on which it received the application, provide a copy of the application to the Parks Canada Agency.

  • Marginal note:Parks Canada Agency

    (2) The Parks Canada Agency shall, within 60 days after the day on which it received the copy of the application, advise the Board in writing about any potential impact of the proposed work or activity on the management of the surface of Sable Island National Park Reserve of Canada.

  • Marginal note:Board to consider advice

    (3) Before deciding whether to issue the authorization, the Board shall consider any advice that it receives under subsection (2). If it issues the authorization, it may include in it terms and conditions, including mitigation or remedial measures, to address the potential impact of the proposed work or activity on the management of the surface of Sable Island National Park Reserve of Canada.

  • 2013, c. 28, s. 7

Marginal note:Environmental assessment

  •  (1) If an application for an authorization under paragraph 142(1)(b) or an application made under subsection 143(2) is in respect of a physical activity described in subsection (2), the Board shall issue the decision statement referred to in section 54 of the Canadian Environmental Assessment Act, 2012 in respect of the physical activity within 12 months after the day on which the applicant has, in the Board’s opinion, provided a complete application.

  • Marginal note:Physical activity

    (2) The physical activity in question is a physical activity that:

    • (a) is carried out in the offshore area;

    • (b) is designated by regulations made under paragraph 84(a) of the Canadian Environmental Assessment Act, 2012 or in an order made under subsection 14(2) of that Act;

    • (c) is one for which the Board is the responsible authority as defined in subsection 2(1) of that Act; and

    • (d) is one in relation to which an environmental assessment was not referred to a review panel under section 38 of that Act.

    It includes any physical activity that is incidental to the physical activity described in paragraphs (a) to (d).

  • Marginal note:Excluded period

    (3) If the Board requires the applicant to provide information or undertake a study with respect to the physical activity, the period that is taken by the applicant, in the Board’s opinion, to comply with the requirement is not included in the calculation of the period referred to in subsection (1).

  • Marginal note:Public notice

    (4) The Board shall, without delay, make public

    • (a) the date on which the 12-month period referred to in subsection (1) begins; and

    • (b) the dates on which the period referred to in subsection (3) begins and ends.

  • 2015, c. 4, s. 87

Marginal note:Participant funding program

 The Board may establish a participant funding program to facilitate the participation of the public in the environmental assessment as defined in subsection 2(1) of the Canadian Environmental Assessment Act, 2012 of any physical activity described in subsection 142.02(2) that meets the condition set out in paragraph 58(1)(a) of that Act and that is the subject of an application for an authorization under paragraph 142(1)(b) or an application made under subsection 143(2).

  • 2015, c. 4, s. 87

Marginal note:Right of entry

  •  (1) Subject to subsection (2), any person may, for the purpose of exploring for or exploiting petroleum, enter on and use any portion of the offshore area in order to carry on a work or activity authorized under paragraph 142(1)(b).

  • Marginal note:Restriction

    (2) Where a person occupies a portion of the offshore area under a lawful right or title, other than an authorization under paragraph 142(1)(b) or an interest as defined in Part II, no person may enter on or use that portion for a purpose referred to in subsection (1) without the consent of the occupier or, where consent has been refused, except in accordance with the terms and conditions imposed by a decision of an arbitrator made in accordance with the regulations.

  • Marginal note:Sable Island National Park Reserve of Canada

    (3) With respect to Sable Island National Park Reserve of Canada, the surface access rights provided for under this section are limited to the following:

    • (a) access to existing wellheads for the purposes of safety and environmental protection;

    • (b) petroleum exploration activities with a low impact on the environment, including seismic, geological or geophysical programs;

    • (c) emergency evacuation capacity for offshore workers; and

    • (d) the operation, maintenance and inspection of emergency facilities, including helicopter landing and fuel storage facilities.

  • 1992, c. 35, s. 96
  • 2013, c. 28, s. 8

Safety of Works and Activities

Marginal note:Safety

 The Board shall, before issuing an authorization for a work or activity referred to in paragraph 142(1)(b), consider the safety of the work or activity by reviewing, in consultation with the Chief Safety Officer, the system as a whole and its components, including its structures, facilities, equipment, operating procedures and personnel.

  • 1992, c. 35, s. 96

Spill-treating Agent

Marginal note:Net environmental benefit

 The Board shall not permit the use of a spill-treating agent in an authorization issued under paragraph 142(1)(b) unless the Board determines that the use of the spill-treating agent is likely to achieve a net environmental benefit.

  • 2015, c. 4, s. 88

Financial Requirements

Marginal note:Compliance with certain provisions

 The Board shall, before issuing an authorization for a work or activity referred to in paragraph 142(1)(b), ensure that the applicant has complied with the requirements of subsections 167.1(1) or (2) and 168(1) or (1.01) in respect of that work or activity.

  • 1992, c. 35, s. 96
  • 2015, c. 4, s. 89

Development Plan Approval

Marginal note:Approval of general approach of development

  •  (1) No approval that is

    • (a) applicable to an authorization under paragraph 142(1)(b) to carry on work or activity in relation to developing a pool or field, and

    • (b) prescribed by the regulations for the purposes of this subsection

    shall be granted, except with the consent of both Ministers, unless the Board, on application submitted in accordance with subsection (2), has approved a development plan relating to the pool or field pursuant to paragraphs (4)(a) and (b).

  • Marginal note:Application and submission of development plan

    (2) For the purposes of subsection (1), an application for the approval of a development plan shall be submitted to the Board in the form and containing the information fixed by the Board, at such time and in such manner as may be prescribed, together with the proposed development plan in the form and containing the information described in subsection (3).

  • Marginal note:Development plan in two parts

    (3) A development plan relating to the proposed development of a pool or field submitted pursuant to this section shall be set out in two parts, containing

    • (a) in Part I, a description of the general approach of developing the pool or field, and in particular, information, in such detail as may be prescribed, with respect to

      • (i) the scope, purpose, location, timing and nature of the proposed development,

      • (ii) the production rate, evaluations of the pool or field, estimated amounts of petroleum proposed to be recovered, reserves, recovery methods, production monitoring procedures, costs and environmental factors in connection with the proposed development, and

      • (iii) the production system and any alternative production systems that could be used for the development of the pool or field; and

    • (b) in Part II, all technical or other information and proposals, as may be prescribed, necessary for a comprehensive review and evaluation of the proposed development.

  • Marginal note:Approval of development plan

    (4) After reviewing an application and development plan submitted by any person pursuant to this section the Board may, subject to such requirements as the Board deems appropriate or as may be prescribed, approve

    • (a) subject to sections 32 to 37, Part I of the development plan; and

    • (b) Part II of the development plan.

  • Marginal note:Approval of amendments to plan

    (5) Where a development plan has been approved pursuant to subsection (4), no amendment of Part I or II of the development plan shall be made unless it is approved by the Board in accordance with paragraph (4)(a) or (b), as the case may be.

  • Marginal note:Application of certain provisions

    (6) Subsections (2) to (5) apply, with such modifications as the circumstances require, with respect to a proposed amendment to a development plan.

  • 1988, c. 28, s. 143
  • 1992, c. 35, s. 97

Declarations

Marginal note:Declaration by applicant

  •  (1) Subject to subsection (2), no authorization under paragraph 142(1)(b) shall be issued unless the Board has received, from the applicant for the authorization, a declaration in the form fixed by the Board that states that

    • (a) the equipment and installations that are to be used in the work or activity to be authorized are fit for the purposes for which they are to be used, the operating procedures relating to them are appropriate for those uses, and the personnel who are to be employed in connection with them are qualified and competent for their employment; and

    • (b) the applicant shall ensure, so long as the work or activity that is authorized continues, that the equipment and installations continue to be fit for the purposes for which they are used, the operating procedures continue to be appropriate for those uses, and the personnel continue to be so qualified and competent.

  • (2) [Repealed, 2014, c. 13, s. 65]

  • Marginal note:Changes

    (3) Where the equipment, an installation, the operating procedures or any of the personnel specified in the declaration changes and no longer conforms to the declaration, the holder of the authorization shall provide the Board with a new declaration as soon as possible after the change occurs.

  • Marginal note:Immunity

    (4) The Board or any delegate of the Board is not liable to any person by reason only of having issued an authorization in reliance on a declaration made under this section.

  • 1992, c. 35, s. 98
  • 2014, c. 13, s. 65

Certificates

Marginal note:Certificate

  •  (1) No authorization under paragraph 142(1)(b) shall be issued with respect to any prescribed equipment or installation, or any equipment or installation of a prescribed class, unless the Board has received, from the applicant for the authorization, a certificate issued by a certifying authority in the form fixed by the Board.

  • Marginal note:Continuing obligation

    (2) The holder of an authorization shall ensure that the certificate referred to in subsection (1) remains in force for so long as the equipment or installation to which the certificate relates is used in the work or activity in respect of which the authorization is issued.

  • Marginal note:Contents of certificate

    (3) A certificate referred to in subsection (1) shall state that the equipment or installation in question

    • (a) is fit for the purposes for which it is to be used and may be operated safely without posing a threat to persons or to the environment in the location and for the time set out in the certificate; and

    • (b) is in conformity with all of the requirements and conditions that are imposed for the purposes of this section by subsection 142(4), whether they are imposed by regulation or by the Board.

  • Marginal note:Validity of certificate

    (4) A certificate referred to in subsection (1) is not valid if the certifying authority

    • (a) has not complied with any prescribed procedure or any procedure that the Board may establish; or

    • (b) is a person or an organization that has participated in the design, construction or installation of the equipment or installation in respect of which the certificate is issued, to any extent greater than that prescribed.

  • Marginal note:Access

    (5) An applicant shall permit the certifying authority to have access to the equipment and installations in respect of which the certificate is required and to any information that relates to them.

  • Definition of certifying authority

    (6) For the purposes of this section, certifying authority has the meaning assigned by the regulations.

  • Marginal note:Immunity

    (7) The Board or any delegate of the Board is not liable to any person by reason only of having issued an authorization in reliance on a certificate issued under this section.

  • 1992, c. 35, s. 98

Chief Safety Officer and Chief Conservation Officer

Marginal note:Designation

 The Board may, for the purposes of this Act, designate any person as the Chief Safety Officer and any other person as the Chief Conservation Officer. However, the Chief Executive Officer may not be designated as the Chief Safety Officer.

  • 1988, c. 28, s. 144
  • 1992, c. 35, s. 99
  • 2014, c. 13, s. 66

Statutory Instruments Act

Marginal note:Orders

 For the purposes of this Act, an order made by an operational safety officer, the Chief Safety Officer, a conservation officer, the Chief Conservation Officer, the Committee or a health and safety officer as defined in subsection 210.001(1) is not a statutory instrument as defined in the Statutory Instruments Act.

  • 1992, c. 35, s. 99
  • 2014, c. 13, s. 67

Extended Formation Flow Tests

Marginal note:Title

  •  (1) Subject to subsection (2), title to petroleum produced during an extended formation flow test vests in the person who conducts the test in accordance with an authorization under paragraph 142(1)(b), with every approval and requirement subject to which such an authorization is issued and with any applicable regulation, whether or not the person has a production licence issued under Part II.

  • Marginal note:Conditions

    (2) Title to petroleum referred to in subsection (1) is conditional on compliance with the terms of the authorization, approval or regulation, including the payment of royalties or other payment in lieu of royalties.

  • Marginal note:Limitation

    (3) This section applies only in respect of an extended formation flow test that provides significant information for determining the best recovery system for a reservoir or for determining the limits of a reservoir or the productivity of a well producing petroleum from a reservoir and that does not adversely affect the ultimate recovery from a reservoir.

  • 1992, c. 35, s. 99

Oil and Gas Committee

Constitution

Marginal note:Oil and Gas Committee

  •  (1) The Board may, for the purposes of this Act and the Provincial Act, establish a committee to be known as the Oil and Gas Committee, consisting of not more than five members, not more than three of whom may be employees in the federal public administration or the public service of the Province.

  • Marginal note:Appointment of members and chairperson

    (2) The members of the Committee shall be appointed by the Board to hold office for a term of three years, and one member shall be designated as chairperson for such term as may be fixed by the Board.

  • Marginal note:Re-appointment permitted

    (3) A retiring chairperson or retiring member may be re-appointed to the Committee in the same or another capacity.

  • 1988, c. 28, s. 145
  • 2003, c. 22, s. 124(E)
  • 2014, c. 13, s. 91(E)

Marginal note:Qualification of members

  •  (1) The Board shall appoint as members of the Committee at least two persons who appear to the Board to have specialized, expert or technical knowledge of petroleum.

  • Marginal note:Idem

    (2) The members and employees of the Board and the Chief Conservation Officer are not eligible to be members of the Committee.

  • Marginal note:Staff

    (3) The Board shall provide the Committee with such officers, clerks and employees as may be necessary for the proper conduct of the affairs of the Committee, and may provide the Committee with such professional or technical assistance for temporary periods or for specific work as the Committee may request, but no such assistance shall be provided otherwise than from the staff of the Board except with the approval of the two Ministers.

  • Marginal note:Remuneration

    (4) The members of the Committee who are not employees in the federal public administration or the public service of the Province shall be paid such remuneration as may be authorized by the Board.

  • Marginal note:Expenses

    (5) All members of the Committee are entitled to be paid reasonable travel and living expenses while absent from their ordinary place of residence in the course of their duties.

  • 1988, c. 28, s. 146
  • 2003, c. 22, s. 125

Marginal note:Interest in petroleum properties

 No member of the Committee shall have a pecuniary interest of any description, directly or indirectly, in any property in petroleum to which this Part applies or own shares in any company engaged in any phase of the petroleum industry in Canada in an amount in excess of five per cent of the issued shares thereof and no member who owns any shares of any company engaged in any phase of the petroleum industry in Canada shall vote when a question affecting such a company is before the Committee.

Marginal note:Quorum

  •  (1) A majority of the members, including one member who is not an employee in the federal public administration or the public service of the Province, constitutes a quorum of the Committee.

  • Marginal note:Powers of Committee

    (2) The Committee may make general rules not inconsistent with this Act regulating its practice and procedure and the places and times of its sittings.

  • 1988, c. 28, s. 148
  • 2003, c. 22, s. 126

Jurisdiction and Powers

Marginal note:Jurisdiction

  •  (1) Where, under this Act, the Committee is charged with a duty to hold an inquiry or to hear an appeal, the Committee has full jurisdiction to inquire into, hear and determine the matter of any such inquiry or appeal and to make any order, or give any direction that pursuant to this Act the Committee is authorized to make or give or with respect to any matter, act or thing that by this Act may be prohibited or approved by the Committee or required by the Committee to be done.

  • Marginal note:Powers of Committee

    (2) For the purpose of any inquiry, hearing or appeal, or the making of any order pursuant to this Act, the Committee has, regarding the attendance, swearing and examination of witnesses, the production and inspection of documents, the entry on and inspection of property, the enforcement of its orders and regarding other matters necessary or proper for the due exercise of its jurisdiction pursuant to this Act, all such powers, rights and privileges as are vested in a superior court of record.

  • Marginal note:Finding of fact conclusive

    (3) The finding or determination of the Committee on any question of fact within its jurisdiction is binding and conclusive.

Marginal note:Deputing member to hold inquiry

  •  (1) The Committee may authorize and depute any member thereof to inquire into such matter before the Committee as may be directed by the Committee and to report the evidence and findings, if any, thereon to the Committee, and when such report is made to the Committee, it may be adopted as a finding of the Committee or otherwise dealt with as the Committee considers advisable.

  • Marginal note:Powers of deputed member

    (2) Where an inquiry is held by a member under subsection (1), the member has all the powers of the Committee for the purpose of taking evidence or acquiring information for the purposes of the report to the Committee.

Marginal note:Advisory functions

 The Board may at any time refer to the Committee for a report or recommendation any question, matter or thing arising under this Part or relating to the conservation, production, storage, processing or transportation of petroleum.

Enforcement

Marginal note:Enforcement of Committee orders

  •  (1) Any order made by the Committee may, for the purpose of enforcement of the order, be made an order of the Supreme Court of Nova Scotia and shall be enforced in like manner as any order of that Court.

  • Marginal note:Procedure for enforcement

    (2) To make an order of the Committee an order of the Supreme Court of Nova Scotia, the practice and procedure established by or pursuant to the Provincial Act for making any order an order of that Court may be followed.

  • Marginal note:When order rescinded or replaced

    (3) When an order of the Committee has been made an order of the Supreme Court of Nova Scotia, any order of the Committee, or of the Board under section 191, rescinding or replacing the first mentioned order of the Committee, shall be deemed to cancel the order of the Court and may in like manner be made an order of the Court.

  • 1988, c. 28, s. 152
  • 1999, c. 31, s. 32

DIVISION IRegulation of Operations

Regulations

Marginal note:Governor in Council’s regulatory power

  •  (1) Subject to section 6, 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 143.1 and 143.2 and serious for the purposes of section 170;

    • (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 165(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 166.1(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 142.1(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 142(1)(b);

    • (f) concerning certificates for the purposes of section 143.2;

    • (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 165(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 168(1.01);

    • (h.2) concerning the circumstances under which the Board may make a recommendation for the purposes of subsection 168.1(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, a regulation made under subsection (1) incorporating by reference the standards or specifications of any government, person or organization may incorporate such standards or specifications 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 6(1), be made on the recommendation of the Federal Minister and the Minister of the Environment.

  • 1988, c. 28, s. 153
  • 1992, c. 35, s. 101
  • 2015, c. 4, ss. 90, 117

Marginal note:Amendment to Schedule V or VI

  •  (1) The Governor in Council may, by order, amend Schedule V or VI to add, amend or remove a reference to a federal Act or regulation, or to a provision of a federal Act or regulation.

  • Marginal note:Recommendation

    (2) The order shall be made on the recommendation of the Federal Minister and every minister responsible for the administration of the provision.

  • 2015, c. 4, s. 91

Marginal note:Publication of proposed regulations

  •  (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under this Division shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to interested persons to make representations to the Federal Minister with respect thereto.

  • Marginal note:Single publication required

    (2) No proposed regulation need be published more than once under subsection (1) whether or not it is altered or amended after such publication as a result of representations made by interested persons as provided in that subsection.

Marginal note:Equivalent standards and exemptions

  •  (1) Subject to subsection (2), the Chief Safety Officer and Chief Conservation Officer may

    • (a) authorize the use of equipment, methods, measures or standards in lieu of any required by any regulation made under section 153, if those Officers are satisfied that the use of that other equipment or those other methods, measures or standards would provide a level of safety, protection of the environment and conservation equivalent to that provided by compliance with the regulations; or

    • (b) grant an exemption from any requirement imposed, by any regulation made under section 153, in respect of equipment, methods, measures or standards, if those Officers are satisfied with the level of safety, protection of the environment and conservation that will be achieved without compliance with that requirement.

  • Marginal note:One officer authorizations

    (2) The Chief Safety Officer alone may exercise the powers referred to in paragraph (1)(a) or (b) if the regulatory requirement referred to in that paragraph does not relate to protection of the environment or conservation, and the Chief Conservation Officer alone may exercise those powers if the regulatory requirement does not relate to safety.

  • Marginal note:No contravention

    (3) No person contravenes the regulations if that person acts in compliance with an authorization or exemption under subsection (1) or (2).

  • 1988, c. 28, s. 155
  • 1992, c. 35, s. 102
  • 2014, c. 13, s. 68

Marginal note:Guidelines and interpretation notes

  •  (1) The Board may issue and publish, in any manner the Board considers appropriate, guidelines and interpretation notes with respect to the application and administration of sections 45, 142 and 143 and subsection 168(1.01) and any regulations made under sections 30.1 and 153.

  • Marginal note:Deemed not to be statutory instruments

    (2) Guidelines and interpretation notes issued pursuant to subsection (1) shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act.

  • 1988, c. 28, s. 156
  • 2015, c. 4, s. 92

 [Repealed, 2014, c. 13, s. 69]

Marginal note:Production orders

  •  (1) Where the Chief Conservation Officer, on reasonable grounds, is of the opinion that, with respect to an interest in any portion of the offshore area, the capability exists to commence, continue or increase production of petroleum and that a production order would stop waste, the Chief Conservation Officer may order the commencement, continuation or increase of production of petroleum at such rates and in such quantities as are specified in the order.

  • Marginal note:Ceasing production

    (2) Where the Chief Conservation Officer, on reasonable grounds, is of the opinion that an order under this section would stop waste, the Chief Conservation Officer may order a decrease or the cessation or suspension of production of petroleum for any period specified in the order.

  • Marginal note:Investigation and appeal

    (3) Subsections 160(2) to (4) and section 162 apply, with such modifications as the circumstances require, to an order under subsection (1) or (2) as if it were an order under subsection 160(1).

  • Marginal note:Access to files and records

    (4) A person subject to an order under subsection (1) or (2) shall, on request, afford the Chief Conservation Officer or a person designated by the Chief Conservation Officer access to premises, files and records for all reasonable purposes related to the order.

  • 1988, c. 28, s. 158
  • 1992, c. 35, s. 104

Waste

Marginal note:Waste prohibited

  •  (1) Subject to subsection 199(5), any person who commits waste is guilty of an offence under this Division, but a prosecution may be instituted for such an offence only with the consent of the Board.

  • Definition of waste

    (2) In this Part, waste, in addition to its ordinary meaning, means waste as understood in the petroleum industry and in particular, but without limiting the generality of the foregoing, includes

    • (a) the inefficient or excessive use or dissipation of reservoir energy;

    • (b) the locating, spacing or drilling of a well within a field or pool or within part of a field or pool or the operating of any well that, having regard to sound engineering and economic principles, results or tends to result in a reduction in the quantity of petroleum ultimately recoverable from a pool;

    • (c) the drilling, equipping, completing, operating or producing of any well in a manner that causes or is likely to cause the unnecessary or excessive loss or destruction of petroleum after removal from the reservoir;

    • (d) the inefficient storage of petroleum above ground or underground;

    • (e) the production of petroleum in excess of available storage, transportation or marketing facilities;

    • (f) the escape or flaring of gas that could be economically recovered and processed or economically injected into an underground reservoir; or

    • (g) the failure to use suitable artificial, secondary or supplementary recovery methods in a pool when it appears that such methods would result in increasing the quantity of petroleum ultimately recoverable under sound engineering and economic principles.

Marginal note:Prevention of waste

  •  (1) Where the Chief Conservation Officer on reasonable grounds is of the opinion that waste, other than waste as defined in paragraph 159(2)(f) or (g), is being committed, the Chief Conservation Officer may, subject to subsection (2), order that all operations giving rise to such waste cease until the Chief Conservation Officer is satisfied that the waste has stopped.

  • Marginal note:Investigation

    (2) Before making any order under subsection (1), the Chief Conservation Officer shall hold an investigation at which interested persons shall be given an opportunity to be heard.

  • Marginal note:Peremptory order

    (3) Notwithstanding subsection (2), the Chief Conservation Officer may, without an investigation, make an order under this section requiring all operations to be shut down if in the opinion of the Chief Conservation Officer it is necessary to do so to prevent damage to persons or property or to protect the environment, but as soon as possible after making any such order and in any event within fifteen days thereafter, the Chief Conservation Officer shall hold an investigation at which interested persons shall be given an opportunity to be heard.

  • Marginal note:Order after inquiry

    (4) At the conclusion of an investigation under subsection (3), the Chief Conservation Officer may set aside, vary or confirm the order made or make a new order.

  • 1988, c. 28, s. 160
  • 1992, c. 35, s. 105

Marginal note:Taking over management

  •  (1) For the purpose of giving effect to an order made under section 160, the Chief Conservation Officer may authorize such persons as may be necessary to enter the place where the operations giving rise to the waste are being carried out and take over the management and control of those operations and any works connected therewith.

  • Marginal note:Controlling operations and costs thereof

    (2) A person authorized under subsection (1) to take over the management and control of operations shall manage and control those operations and do all things necessary to stop the waste, and the cost thereof shall be borne by the person who holds the permit or the lease and, until paid, constitutes a debt recoverable by action in any court of competent jurisdiction as a debt due to the Board.

  • 1988, c. 28, s. 161
  • 1992, c. 35, s. 106(F)

Marginal note:Appeal to Committee

  •  (1) A person aggrieved by an order of the Chief Conservation Officer after an investigation under section 160 may appeal to the Committee to have the order reviewed.

  • Marginal note:Powers on appeal

    (2) After hearing the appeal, the Committee may

    • (a) set aside, confirm or vary the order made by the Chief Conservation Officer;

    • (b) order such works to be undertaken as may be considered necessary to prevent waste, the escape of petroleum or any other contravention of this Division or the regulations; or

    • (c) make such other or further order as the Committee considers appropriate.

  • 1988, c. 28, s. 162
  • 1992, c. 35, s. 107(F)

Marginal note:Waste by failure to utilize gas or to use appropriate recovery methods

  •  (1) When the Chief Conservation Officer on reasonable grounds is of the opinion that waste as defined in paragraph 159(2)(f) or (g) is occurring in the recovery of petroleum from a pool, the Chief Conservation Officer may apply to the Committee for an order requiring the operators within the pool to show cause at a hearing to be held on a day specified in the order why the Committee should not make a direction in respect thereof.

  • Marginal note:Hearing

    (2) On the day specified in the order under subsection (1), the Committee shall hold a hearing at which the Chief Conservation Officer, the operators and other interested persons shall be given an opportunity to be heard.

  • 1988, c. 28, s. 163
  • 1992, c. 35, s. 108(F)

Marginal note:Order

  •  (1) If, after the hearing referred to in section 163, the Committee is of the opinion that waste as defined in paragraph 159(2)(f) or (g) is occurring in the recovery of petroleum from a pool, the Committee may, by order,

    • (a) direct the introduction of a scheme for the collection, processing, disposition or reinjection of any gas produced from such pool, or

    • (b) direct repressurizing, recycling or pressure maintenance for the pool or any part of the pool and for, or incidental to such purpose, direct the introduction or injection into that pool, or part thereof, of gas, water or other substance,

    and the order may further direct that the pool or part thereof specified in the order be shut in if the requirements of the order are not met or unless a scheme is approved by the Committee and in operation by a date fixed by the order.

  • Marginal note:Continuation pending approval of scheme

    (2) Notwithstanding subsection (1), the Committee may permit the continued operation of a pool or any part of a pool after the date fixed by an order under subsection (1) if in the opinion of the Committee a scheme for the repressurizing, recycling or pressure maintenance or the processing, storage or disposal of gas is in course of preparation, but any such continuation of operations is subject to any conditions imposed by the Committee.

Spills and Debris

Definition of spill

  •  (1) In sections 166 to 170, spill means a discharge, emission or escape of petroleum, other than one that is authorized under subsection 166.5(1), the regulations or any other federal law. It does not include a discharge from a vessel to which Part 8 or 9 of the Canada Shipping Act, 2001 applies or from a ship to which Part 6 of the Marine Liability Act applies.

  • Definition of actual loss or damage

    (2) In section 167, actual loss or damage includes loss of income, including future income, and, with respect to any Aboriginal peoples of Canada, loss of hunting, fishing and gathering opportunities. It does not include loss of income recoverable under subsection 42(3) of the Fisheries Act.

  • Definition of debris

    (3) In sections 167 to 168 and 170, debris means any installation or structure that was put in place in the course of any work or activity required to be authorized under paragraph 142(1)(b) and that has been abandoned without an authorization that may be required by or under this Part, or any material that has broken away or been jettisoned or displaced in the course of any of that work or activity.

  • Marginal note:Immunity

    (4) Her Majesty in right of Canada incurs no liability whatever to any person arising out of the authorization by regulations made by the Governor in Council of any discharge, emission or escape of petroleum.

  • 1988, c. 28, s. 165
  • 1992, c. 35, s. 110
  • 2001, c. 6, s. 111, c. 26, ss. 281, 324
  • 2015, c. 4, s. 93

Marginal note:Spills prohibited

  •  (1) No person shall cause or permit a spill on or from any portion of the offshore area.

  • Marginal note:Duty to report spills

    (2) Where a spill occurs in any portion of the offshore area, any person who at the time of the spill is carrying on any work or activity related to the exploration for or development or production of petroleum in the area of the spill shall, in the manner prescribed by the regulations, report the spill to the Chief Conservation Officer.

  • Marginal note:Duty to take reasonable measures

    (3) Every person required to report a spill under subsection (2) shall, as soon as possible, take all reasonable measures consistent with safety and the protection of health and the environment to prevent any further spill, to repair or remedy any condition resulting from the spill and to reduce or mitigate any damage or danger that results or may reasonably be expected to result from the spill.

  • Marginal note:Taking emergency action

    (4) Where the Chief Conservation Officer is satisfied on reasonable grounds that

    • (a) a spill has occurred in any portion of the offshore area and immediate action is necessary in order to effect any reasonable measures referred to in subsection (3), and

    • (b) such action is not being taken or will not be taken under subsection (3),

    the Chief Conservation Officer may take such action or direct that it be taken by such persons as may be necessary.

  • Marginal note:Taking over management

    (5) For the purposes of subsection (4), the Chief Conservation Officer may authorize and direct such persons as may be necessary to enter the place where the spill has occurred and take over the management and control of any work or activity being carried on in the area of the spill.

  • Marginal note:Managing work or activity

    (6) A person authorized and directed to take over the management and control of any work or activity under subsection (5) shall manage and control that work or activity and take all reasonable measures in relation to the spill that are referred to in subsection (3).

  • Marginal note:Costs

    (7) Any costs incurred under subsection (6) shall be borne by the person who obtained an authorization under paragraph 142(1)(b) in respect of the work or activity from which the spill emanated and, until paid, constitute a debt recoverable by action in any court of competent jurisdiction as a debt due to the Board.

  • Marginal note:Recovery of costs

    (7.1) Where a person, other than a person referred to in subsection (7), takes action pursuant to subsection (3) or (4), the person may recover from Her Majesty in right of Canada the costs and expenses reasonably incurred by that person in taking the action.

  • Marginal note:Appeal

    (8) Section 162 applies, with such modifications as the circumstances require, to any action or measure taken or authorized or directed to be taken under subsections (4) to (6) as if it were taken or authorized or directed to be taken by order under subsection 160(1) and as if such order were not subject to an investigation.

  • Marginal note:Personal liability

    (9) No person required, directed or authorized to act under this section is personally liable either civilly or criminally in respect of any act or omission in the course of complying with this section unless it is shown that that person did not act reasonably in the circumstances.

  • 1988, c. 28, s. 166
  • 1992, c. 35, s. 111
  • 2014, c. 13, s. 70

Marginal note:Spill-treating agents

  •  (1) The provisions referred to in Schedule V do not apply to the deposit of a spill-treating agent and those referred to in Schedule VI do not apply in respect of any harm that is caused by the spill-treating agent or by the interaction between the spill-treating agent and the spilled oil, if

    • (a) the authorization issued under paragraph 142(1)(b) permits the use of the spill-treating agent;

    • (b) the Chief Conservation Officer approves the use of the agent in response to the spill and it is used in accordance with any requirements set out in the approval; and

    • (c) the agent is used for the purposes of subsection 166(3) or (4).

  • Marginal note:Clarification

    (2) The provisions referred to in Schedule VI continue to apply to the holder of an authorization referred to in paragraph (1)(a) in respect of any harm that is caused by the spill or, despite subsection (1), by the interaction between the spill-treating agent and the spilled oil.

  • Marginal note:Net environmental benefit

    (3) Other than in the case of a small-scale test, the approval required under paragraph (1)(b) shall be in writing and shall not be granted unless

    • (a) the Chief Conservation Officer has consulted with the Federal Minister and the Provincial Minister with respect to the approval;

    • (b) the Federal Minister has consulted with the Minister of the Environment with respect to the approval; and

    • (c) the Chief Conservation Officer determines that the use of the agent is likely to achieve a net environmental benefit.

  • 2015, c. 4, s. 94

Marginal note:Canadian Environmental Protection Act, 1999

 Section 123 and subsections 124(1) to (3) of the Canadian Environmental Protection Act, 1999 do not apply in respect of a spill-treating agent.

  • 2015, c. 4, s. 95

Marginal note:Fisheries Act — civil liability

 For the purpose of section 42 of the Fisheries Act, if subsection 36(3) of that Act would have been contravened but for subsection 166.1(1),

  • (a) subsection 36(3) of that Act is deemed to apply in respect of the deposit of the spill-treating agent;

  • (b) the holder of the authorization referred to in paragraph 166.1(1)(a) is deemed to be the only person referred to in paragraph 42(1)(a) of that Act; and

  • (c) those persons who caused or contributed to the spill are deemed to be the only persons referred to in paragraph 42(1)(b) of that Act.

  • 2015, c. 4, s. 95

Marginal note:Notice

 The Federal Minister shall, as soon as possible after it is made, notify the Provincial Minister and the Board of the making of the list of spill-treating agents and any amendment to that list.

  • 2015, c. 4, s. 95

Marginal note:Scientific research

  •  (1) For the purpose of a particular research project pertaining to the use of a spill-treating agent in mitigating the environmental impacts of a spill, the Minister of the Environment may authorize, and establish conditions for, the deposit of a spill-treating agent, oil or oil surrogate if the Federal Minister has obtained the Provincial Minister’s approval.

  • Marginal note:Oil surrogate

    (2) The Minister of the Environment shall not authorize the deposit of an oil surrogate unless that Minister determines that the oil surrogate poses fewer safety, health or environmental risks than oil.

  • Marginal note:Non-application

    (3) If the conditions set out in the authorization are met, the provisions referred to in section 166.2 and Schedules V and VI do not apply in respect of the spill-treating agent, oil and oil surrogate required for the research project.

  • 2015, c. 4, s. 95

Marginal note:Recovery of loss, damage, costs or expenses

  •  (1) Where any discharge, emission or escape of petroleum that is authorized by regulation, or any spill, occurs in any portion of the offshore area,

    • (a) all persons to whose fault or negligence the spill or the authorized discharge, emission or escape of petroleum is attributable or who are by law responsible for others to whose fault or negligence the spill or the authorized discharge, emission or escape of petroleum is attributable are jointly and severally liable, to the extent determined according to the degree of the fault or negligence proved against them, for

      • (i) all actual loss or damage incurred by any person as a result of the spill or the authorized discharge, emission or escape of petroleum or as a result of any action or measure taken in relation to the spill or the authorized discharge, emission or escape of petroleum,

      • (ii) the costs and expenses reasonably incurred by the Board or Her Majesty in right of Canada or the Province or any other person in taking any action or measure in relation to the spill or the authorized discharge, emission or escape of petroleum, and

      • (iii) all loss of non-use value relating to a public resource that is affected by a spill or the authorized discharge, emission or escape of petroleum or as a result of any action or measure taken in relation to the spill or the authorized discharge, emission or escape of petroleum; and

    • (b) the person who is required to obtain an authorization under paragraph 142(1)(b) in respect of the work or activity from which the spill or the authorized discharge, emission or escape of petroleum emanated is liable, without proof of fault or negligence, up to the applicable limit of liability that is set out in subsection (2.2) for the actual loss or damage, the costs and expenses and the loss of non-use value described in subparagraphs (a)(i) to (iii).

  • Marginal note:Recovery of loss, etc., caused by debris

    (2) If, as a result of debris or as a result of any action or measure taken in relation to debris, there is a loss of non-use value relating to a public resource or any person incurs actual loss or damage or if the Board or Her Majesty in right of Canada or the Province reasonably incurs any costs or expenses in taking any action or measure in relation to debris,

    • (a) all persons to whose fault or negligence the debris is attributable or who are by law responsible for others to whose fault or negligence the debris is attributable are jointly and severally liable, to the extent determined according to the degree of the fault or negligence proved against them, for that loss, actual loss or damage, and for those costs and expenses; and

    • (b) the person who is required to obtain an authorization under paragraph 142(1)(b) in respect of the work or activity from which the debris originated is liable, without proof of fault or negligence, up to the applicable limit of liability that is set out in subsection (2.2), for that loss, actual loss or damage, and for those costs and expenses.

  • Marginal note:Vicarious liability for contractors

    (2.1) A person who is required to obtain an authorization under paragraph 142(1)(b) and who retains, to carry on a work or activity in respect of which the authorization is required, the services of a contractor to whom paragraph (1)(a) or (2)(a) applies is jointly and severally liable with that contractor for any actual loss or damage, costs and expenses and loss of non-use value described in subparagraphs (1)(a)(i) to (iii) and subsection (2).

  • Marginal note:Limit of liability

    (2.2) For the purposes of paragraphs (1)(b) and (2)(b), the limit of liability is $1 billion.

  • Marginal note:Increase in limit of liability

    (2.3) Subject to section 6, the Governor in Council may, by regulation, increase the amount referred to in subsection (2.2).

  • Marginal note:Liability under another law — paragraph (1)(b) or (2)(b)

    (2.4) If a person is liable under paragraph (1)(b) or (2)(b) with respect to an occurrence and the person is also liable under any other Act, without proof of fault or negligence, for the same occurrence, the person is liable up to the greater of the applicable limit of liability that is set out in subsection (2.2) and the limit up to which the person is liable under the other Act. If the other Act does not set out a limit of liability, the limits set out in subsection (2.2) do not apply.

  • Marginal note:Costs and expenses not recoverable under Fisheries Act

    (2.5) The costs and expenses that are recoverable by Her Majesty in right of Canada or the Province under this section are not recoverable under subsection 42(1) of the Fisheries Act.

  • Marginal note:Action — loss of non-use value

    (2.6) Only Her Majesty in right of Canada or the Province may bring an action to recover a loss of non-use value described in subsections (1) and (2).

  • Marginal note:Claims

    (3) All claims under this section may be sued for and recovered in any court of competent jurisdiction in Canada and shall rank, firstly, in favour of persons incurring actual loss or damage, described in subsections (1) and (2), without preference, secondly, without preference, to meet any costs and expenses described in those subsections and, lastly, to recover a loss of non-use value described in those subsections.

  • Marginal note:Saving

    (4) Subject to subsections (2.5) and (2.6), nothing in this section suspends or limits

    • (a) any legal liability or remedy for an act or omission by reason only that the act or omission is an offence under this Division or gives rise to liability under this section;

    • (b) any recourse, indemnity or relief available at law to a person who is liable under this section against any other person; or

    • (c) the operation of any applicable law or rule of law that is not inconsistent with this section.

  • Marginal note:Limitation period

    (5) Proceedings in respect of claims under this section may be instituted within three years after the day when the loss, damage, costs or expenses occurred but in no case after six years after the day the spill or the discharge, emission or escape of petroleum occurred or, in the case of debris, after the day the installation or structure in question was abandoned or the material in question broke away or was jettisoned or displaced.

  • 1988, c. 28, s. 167
  • 1992, c. 35, s. 112
  • 2015, c. 4, s. 96

Marginal note:Financial resources — certain activities

  •  (1) An applicant for an authorization under paragraph 142(1)(b) for the drilling for or development or production of petroleum shall provide proof, in the prescribed form and manner, that it has the financial resources necessary to pay the greatest of the amounts of the limits of liability referred to in subsection 167(2.2) that apply to it. If the Board considers it necessary, it may determine a greater amount and require proof that the applicant has the financial resources to pay that greater amount.

  • Marginal note:Financial resources — other activities

    (2) An applicant for an authorization under paragraph 142(1)(b) for any other work or activity shall provide proof, in the prescribed form and manner, that it has the financial resources necessary to pay an amount that is determined by the Board.

  • Marginal note:Loss of non-use value not considered

    (3) When the Board determines an amount under subsection (1) or (2), the Board is not required to consider any potential loss of non-use value relating to a public resource that is affected by a spill or the authorized discharge, emission or escape of petroleum or as a result of debris.

  • Marginal note:Continuing obligation

    (4) The holder of an authorization under paragraph 142(1)(b) shall ensure that the proof referred to in subsections (1) and (2) remains in force for the duration of the work or activity in respect of which the authorization is issued.

  • Marginal note:Extended obligation

    (5) The holder of an authorization under paragraph 142(1)(b) shall also ensure that the proof referred to in subsection (1) remains in force for a period of one year beginning on the day on which the Board notifies the holder that it has accepted a report submitted by the holder indicating that the last well in respect of which the authorization is issued is abandoned. The Board may reduce that period and may decide that the proof that is to remain in force during that period is proof that the holder has the financial resources necessary to pay an amount that is less than the amount referred to in subsection (1) and that is determined by the Board.

  • 2015, c. 4, s. 97

Marginal note:Financial responsibility

  •  (1) An applicant for an authorization under paragraph 142(1)(b) shall provide proof of financial responsibility in the form of a letter of credit, guarantee or indemnity bond or in any other form satisfactory to the Board,

    • (a) in the case of the drilling for or development or production of petroleum in the offshore area, in the amount of $100 million or, if the Board considers it necessary, in a greater amount that it determines; or

    • (b) in any other case, in an amount that is satisfactory to, and determined by, the Board.

  • Marginal note:Pooled fund

    (1.01) An applicant to which paragraph (1)(a) applies may, rather than provide proof of financial responsibility in the amount referred to in that paragraph, provide proof that it participates in a pooled fund that is established by the oil and gas industry, that is maintained at a minimum of $250 million and that meets any other requirements that are established by regulation.

  • Marginal note:Increase in amount by regulation

    (1.02) Subject to section 6, the Governor in Council may, by regulation, increase the amount referred to in subsection (1.01).

  • Marginal note:Continuing obligation

    (1.1) The holder of an authorization under paragraph 142(1)(b) shall ensure that the proof of financial responsibility referred to in subsection (1) or (1.01) remains in force for the duration of the work or activity in respect of which the authorization is issued.

  • Marginal note:Extended obligation

    (1.2) The holder of an authorization under paragraph 142(1)(b) shall also ensure that the proof referred to in paragraph (1)(a) or subsection (1.01) remains in force for a period of one year beginning on the day on which the Board notifies the holder that it has accepted a report submitted by the holder indicating that the last well in respect of which the authorization is issued is abandoned. The Board may reduce that period and may decide — other than in the case of a holder that participates in a pooled fund — that the proof that is to remain in force during that period is for an amount that is less than the amount referred to in paragraph (1)(a) and that is determined by the Board.

  • Marginal note:Payment of claims

    (2) The Board may require that moneys in an amount not exceeding the amount prescribed for any case or class of cases, or determined by the Board in the absence of regulations, be paid out of the funds available under the letter of credit, guarantee or indemnity bond or other form of financial responsibility provided under subsection (1), or be paid out of the pooled fund referred to in subsection (1.01), in respect of any claim for which proceedings may be instituted under section 167, whether or not those proceedings have been instituted.

  • Marginal note:Manner of payment

    (3) Where payment is required under subsection (2), it shall be made in such manner, subject to such conditions and procedures and to or for the benefit of such persons or classes of persons as may be prescribed by the regulations for any case or class of cases, or as may be required by the Board in the absence of regulations.

  • Marginal note:Deduction

    (4) Where a claim is sued for under section 167, there shall be deducted from any award made pursuant to the action on that claim any amount received by the claimant under this section in respect of the loss, damage, costs or expenses claimed.

  • Marginal note:Reimbursement of pooled fund

    (5) The holder of an authorization under paragraph 142(1)(b) that is liable for a discharge, emission or escape of petroleum that is authorized by regulation or for any spill or debris in respect of which a payment has been made under subsection (2) out of the pooled fund, shall reimburse the amount of the payment in the prescribed manner.

  • 1988, c. 28, s. 168
  • 1992, c. 35, s. 113
  • 2015, c. 4, s. 98

Marginal note:Lesser amount

  •  (1) The Federal Minister may, by order, on the recommendation of the Board and with the Provincial Minister’s approval, approve an amount that is less than the amount referred to in subsection 167(2.2) or paragraph 168(1)(a) in respect of an applicant for, or a holder of, an authorization under paragraph 142(1)(b).

  • Marginal note:Financial resources — exception

    (2) If the Federal Minister approves an amount that is less than the amount referred to in subsection 167(2.2) in respect of an applicant for an authorization under paragraph 142(1)(b), that applicant, for the purposes of subsection 167.1(1), shall only provide proof that it has the financial resources necessary to pay the adjusted amount approved by the Federal Minister.

  • Marginal note:No contravention

    (3) No applicant for an authorization under paragraph 142(1)(b) contravenes paragraph 168(1)(a) if that applicant provides proof of financial responsibility in the amount that is approved by the Federal Minister under this section.

  • 2015, c. 4, s. 99

Marginal note:Review committee

  •  (1) A committee, consisting of members appointed by each government and by representatives of the petroleum industry and of the fisheries industry, is established by the joint operation of this Act and the Provincial Act to review and monitor the application of sections 167 and 168 and any claims and the payment thereof made under those sections.

  • Marginal note:Dissolution of committee

    (2) The committee referred to in subsection (1) may be dissolved only by the joint operation of an Act of Parliament and an Act of the Legislature of the Province.

  • Marginal note:Promotion of compensation policies

    (3) The Board shall promote and monitor compensation policies for fishermen sponsored by the fishing industry respecting damages of a non-attributable nature.

Inquiries

Marginal note:Inquiries

  •  (1) Where a spill or debris or an accident or incident related to any activity to which this Part applies occurs or is found in any portion of the offshore area and results in death or injury or danger to public safety or the environment, the Board may direct an inquiry to be made and may authorize any person it deems qualified to conduct the inquiry.

  • Marginal note:Mandatory inquiry

    (1.1) Where a spill or debris or an accident or incident related to any activity to which this Part applies occurs or is found in any portion of the offshore area and is serious, as defined by regulation, the Board shall direct that an inquiry referred to in subsection (1) be made and shall ensure that the person who conducts the inquiry is not employed by the Board.

  • Marginal note:Power of person conducting inquiry

    (2) For the purposes of an inquiry under subsection (1), a person authorized by the Board under that subsection has and may exercise all the powers of a person appointed as a commissioner under Part I of the Inquiries Act.

  • Marginal note:Report

    (3) As soon as possible after the conclusion of an inquiry under subsection (1), the person or persons authorized to conduct the inquiry shall submit a report to the Board, together with the evidence and other material that was before the inquiry.

  • Marginal note:Publication

    (4) A report made pursuant to subsection (3) shall be published by the Board within thirty days after the Board has received it.

  • Marginal note:Copies of report

    (5) The Board may supply copies of a report published pursuant to subsection (4) in such manner and on such terms as the Board considers proper.

  • 1988, c. 28, s. 170
  • 1992, c. 35, s. 114

DIVISION IIProduction Arrangements

Marginal note:Definitions

 In this Division,

pooled spacing unit

pooled spacing unit means the area that is subject to a pooling agreement or a pooling order; (unité d’espacement mise en commun)

pooled tract

pooled tract means the portion of a pooled spacing unit defined as a tract in a pooling agreement or a pooling order; (parcelle mise en commun)

pooling agreement

pooling agreement means an agreement to pool the interests of owners in a spacing unit and to provide for the operation or the drilling and operation of a well thereon; (accord de mise en commun)

pooling order

pooling order means an order made under section 173 or as altered pursuant to section 175; (arrêté de mise en commun)

royalty interest

royalty interest means any interest in, or the right to receive a portion of, any petroleum produced and saved from a field or pool or part of a field or pool or the proceeds from the sale thereof, but does not include a working interest or the interest of any person whose sole interest is as a purchaser of petroleum from the pool or part thereof; (droit à redevance)

royalty owner

royalty owner means a person, including Her Majesty, who owns a royalty interest; (titulaire de redevance)

spacing unit

spacing unit means the area allocated to a well for the purpose of drilling for or producing petroleum; (unité d’espacement)

tract participation

tract participation means the share of production from a unitized zone that is allocated to a unit tract under a unit agreement or unitization order or the share of production from a pooled spacing unit that is allocated to a pooled tract under a pooling agreement or pooling order; (fraction parcellaire)

unit agreement

unit agreement means an agreement to unitize the interests of owners in a pool or part thereof exceeding in area a spacing unit, or such an agreement as varied by a unitization order; (accord d’union)

unit area

unit area means the area that is subject to a unit agreement; (secteur unitaire)

unit operating agreement

unit operating agreement means an agreement, providing for the management and operation of a unit area and a unitized zone, that is entered into by working interest owners who are parties to a unit agree ment with respect to that unit area and unitized zone, and includes a unit operating agreement as varied by a unitization order; (accord d’exploitation unitaire)

unit operation

unit operation means those operations conducted pursuant to a unit agreement or a unitization order; (exploitation unitaire)

unit operator

unit operator means a person designated as a unit operator under a unit operating agreement; (exploitant unitaire)

unit tract

unit tract means the portion of a unit area that is defined as a tract in a unit agreement; (parcelle unitaire)

unitization order

unitization order means an order of the Committee made under section 181; (arrêté d’union)

unitized zone

unitized zone means a geological formation that is within a unit area and subject to a unit agreement; (terrain)

working interest

working interest means a right, in whole or in part, to produce and dispose of petroleum from a pool or part of a pool, whether such right is held as an incident of ownership of an estate in fee simple in the petroleum or under a lease, agreement or other instrument, if the right is chargeable with and the holder thereof is obligated to pay or bear, either in cash or out of production, all or a portion of the costs in connection with the drilling for, recovery and disposal of petroleum from the pool or part thereof; (intérêt économique direct)

working interest owner

working interest owner means a person who owns a working interest. (détenteur)

  • 1988, c. 28, s. 171
  • 1992, c. 35, s. 115(F)

Pooling

Marginal note:Voluntary pooling

  •  (1) Where one or more working interest owners have leases or separately owned working interests within a spacing unit, the working interest owners and the royalty owners who own all of the interests in the spacing unit may pool their working interests and royalty interests in the spacing unit for the purpose of drilling for or producing, or both drilling for and producing, petroleum if a copy of the pooling agreement and any amendment thereto has been filed with the Chief Conservation Officer.

  • Marginal note:Pooling agreement by Her Majesty

    (2) The Board may, on behalf of Her Majesty, enter into a pooling agreement on any terms and conditions that it deems advisable and, despite anything in Part II or this Part, the Federal Real Property and Federal Immovables Act or any regulations made under those Parts or that Act, the pooling agreement is binding on Her Majesty.

  • 1988, c. 28, s. 172
  • 1991, c. 50, s. 25
  • 2001, c. 4, s. 153

Marginal note:Application for pooling order

  •  (1) In the absence of a pooling agreement, a working interest owner in a spacing unit may apply for a pooling order directing the working interest owners and royalty owners within the spacing unit to pool their interests in the spacing unit for the purpose of drilling for and producing, or producing, petroleum from the spacing unit.

  • Marginal note:Hearing by Committee

    (2) An application under subsection (1) shall be made to the Board which shall refer the application to the Committee for the purpose of holding a hearing to determine whether a pooling order should be made and at such hearing the Committee shall afford all interested parties an opportunity to be heard.

  • Marginal note:Matter to be supplied Committee on hearing

    (3) Prior to a hearing held pursuant to subsection (2), the working interest owner making application shall provide the Committee, and such other interested parties as the Committee may direct, with a proposed form of pooling agreement and the working interest owners who have interests in the spacing unit to which the proposed pooling agreement relates shall provide the Committee with such information as the Committee deems necessary.

  • Marginal note:Order of Committee

    (4) After a hearing pursuant to subsection (2), the Committee may order that all working interest owners and royalty owners who have an interest in the spacing unit shall be deemed to have entered into a pooling agreement as set out in the pooling order.

  • Marginal note:Contents of pooling order

    (5) Every pooling order shall provide

    • (a) for the drilling and operation of a well on the spacing unit or, where a well that is capable of or that can be made capable of production has been drilled on the spacing unit before the making of the pooling order, for the future production and operation of that well;

    • (b) for the appointment of a working interest owner as operator to be responsible for the drilling, operation or abandoning of the well whether drilled before or after the making of the pooling order;

    • (c) for the allocation to each pooled tract of its share of the production of the petroleum from the pooled spacing unit that is not required, consumed or lost in the operation of the well, which allocation shall be on a prorated area basis unless it can be shown to the satisfaction of the Committee that such basis is unfair, whereupon the Committee may make an allocation on some other more equitable basis;

    • (d) in the event that no production of petroleum is obtained, for the payment by the applicant of all costs incurred in the drilling and abandoning of the well;

    • (e) where production has been obtained, for the payment of the actual costs of drilling the well, whether drilled before or after the making of the pooling order, and for the payment of the actual costs of the completion, operation and abandoning of the well; and

    • (f) for the sale by the operator of petroleum allocated pursuant to paragraph (c) to a working interest owner where the working interest owner thereof fails to take in kind and dispose of such production, and for the deduction out of the proceeds by the operator of the expenses reasonably incurred in connection with such sale.

  • Marginal note:Provision of penalty

    (6) A pooling order may provide for a penalty for a working interest owner who does not, within the time specified in the order, pay the portion of the costs attributable to the working interest owner as the share of the cost of drilling and completion of the well, but such penalty shall not exceed an amount equal to one-half of that working interest owner’s share of such costs.

  • Marginal note:Recovery of costs and penalty

    (7) If a working interest owner does not, within the time specified therefor in the pooling order, pay the share of the costs of the drilling, completing, operating and abandoning of the well, that portion of the costs and the penalty, if any, are recoverable only out of the share of production from the spacing unit and not in any other manner.

Marginal note:Effect of pooling order

 Where a pooling order is made, all working interest owners and royalty owners having interests in the pooled spacing unit shall, on the making of the pooling order, be deemed to have entered into a pooling agreement as set out in the pooling order and that order shall be deemed to be a valid contract between the parties having interests in the pooled spacing unit, and all its terms and provisions, as set out therein or as altered pursuant to section 175, are binding on and enforceable against the parties thereto, including Her Majesty.

Marginal note:Application to alter pooling order

  •  (1) The Committee shall hear any application to vary, amend or terminate a pooling order where such application is made by the owners of over twenty-five per cent of the working interests in the pooled spacing unit, calculated on a prorated area basis, and may, in its discretion, order a hearing on the application of any working interest owner or royalty owner.

  • Marginal note:Alteration of pooling order

    (2) After a hearing held pursuant to subsection (1), the Committee may vary or amend the pooling order to supply any deficiency therein or to meet changing conditions and may vary or revoke any provision that the Committee deems to be unfair or inequitable or it may terminate the pooling order.

  • Marginal note:Tract participation ratios protected

    (3) Where a pooling order is varied or amended, no change shall be made that will alter the ratios of tract participations between the pooled tracts as originally set out in the pooling order.

Marginal note:Prohibition

  •  (1) No person shall produce any petroleum within a spacing unit in which there are two or more leases or two or more separately owned working interests unless a pooling agreement has been entered into in accordance with section 172 or in accordance with a pooling order made under section 173.

  • Marginal note:Saving

    (2) Subsection (1) does not prohibit the production of petroleum for testing in any quantities approved by the Chief Conservation Officer.

Unitization

Marginal note:Unit operation

  •  (1) Any one or more working interest owners in a pool or part thereof exceeding in area a spacing unit, together with the royalty owners, may enter into a unit agreement and operate their interests pursuant to the terms of the unit agreement or any amendment thereto if a copy of the agreement and any amendment has been filed with the Chief Conservation Officer.

  • Marginal note:Board may enter into unit agreement

    (2) The Board may enter into a unit agreement binding on Her Majesty, on any terms and conditions that it may deem advisable, and any of the regulations under Part II or this Part or the Federal Real Property and Federal Immovables Act that may be in conflict with the terms and conditions of the unit agreement stand varied or suspended to the extent necessary to give full effect to the terms and conditions of the unit agreement.

  • Marginal note:Unit operator’s relationship to parties

    (3) Where a unit agreement filed under this section provides that a unit operator shall be the agent of the parties thereto with respect to their powers and responsibilities under this Part, the performance or non-performance thereof by the unit operator shall be deemed to be the performance or non-performance by the parties otherwise having those powers and responsibilities under this Part.

  • 1988, c. 28, s. 177
  • 1991, c. 50, s. 26
  • 2001, c. 4, s. 154

Marginal note:Requiring unitization to prevent waste

  •  (1) Notwithstanding anything in this Part, where, in the opinion of the Chief Conservation Officer, the unit operation of a pool or part thereof would prevent waste, the Chief Conservation Officer may apply to the Committee for an order requiring the working interest owners in the pool or part thereof to enter into a unit agreement and a unit operating agreement in respect of the pool or part thereof, as the case may be.

  • Marginal note:Hearing

    (2) Where an application is made by the Chief Conservation Officer pursuant to subsection (1), the Committee shall hold a hearing at which all interested persons shall be afforded an opportunity to be heard.

  • Marginal note:Order

    (3) If, after the hearing referred to in subsection (2), the Committee is of the opinion that unit operation of a pool or part thereof would prevent waste, the Committee may by order require the working interest owners in the pool or part thereof to enter into a unit agreement and a unit operating agreement in respect of the pool or part thereof.

  • Marginal note:Cessation of operations

    (4) If, in the time specified in the order referred to in subsection (3), being not less than six months after the date of the making of the order, the working interest owners and royalty owners fail to enter into a unit agreement and a unit operating agreement approved by the Committee, all drilling and producing operations within the pool or part thereof in respect of which the order was made shall cease until such time as a unit agreement and a unit operating agreement have been approved by the Committee and filed with the Chief Conservation Officer.

  • Marginal note:Permit to continue operations

    (5) Notwithstanding subsection (4), the Committee may permit the continued operation of the pool or part thereof after the time specified in the order referred to in subsection (3) if it is of the opinion that a unit agreement and unit operating agreement are in the course of being entered into, but any such continuation of operations shall be subject to any conditions prescribed by the Committee.

Compulsory Unitization

Marginal note:Who may apply for unitization order

  •  (1) One or more working interest owners who are parties to a unit agreement and a unit operating agreement and own in the aggregate sixty-five per cent or more of the working interests in a unit area may apply for a unitization order with respect to the agreements.

  • Marginal note:Application for unitization order

    (2) An application under subsection (1) shall be made to the Board which shall refer the application to the Committee for the purpose of holding a hearing thereon in accordance with section 181.

  • Marginal note:Application by proposed unit operator

    (3) An application under subsection (1) may be made by the unit operator or proposed unit operator on behalf of the working interest owners referred to in subsection (1).

Marginal note:Contents of unitization application

  •  (1) An application for a unitization order shall contain

    • (a) a plan showing the unit area that the applicant desires to be made subject to the order;

    • (b) one copy each of the unit agreement and the unit operating agreement;

    • (c) a statement of the nature of the operations to be carried out; and

    • (d) a statement showing

      • (i) with respect to each proposed unit tract, the names and addresses of the working interest owners and royalty owners in that tract, and

      • (ii) the tracts that are entitled to be qualified as unit tracts under the provisions of the unit agreement.

  • Marginal note:Details required of unit agreement

    (2) The unit agreement referred to in subsection (1) shall include

    • (a) a description of the unit area and the unit tracts included in the agreement;

    • (b) an allocation to each unit tract of a share of the production from the unitized zone not required, consumed or lost in the unit operation;

    • (c) a provision specifying the manner in which and the circumstances under which the unit operation shall terminate; and

    • (d) a provision specifying that the share of the production from a unit area that has been allocated to a unit tract shall be deemed to have been produced from that unit tract.

  • Marginal note:Details required of unit operating agreement

    (3) The unit operating agreement referred to in subsection (1) shall make provision

    • (a) for the contribution or transfer to the unit, and any adjustment among the working interest owners, of the investment in wells and equipment within the unit area;

    • (b) for the charging of the costs and expenses of the unit operation to the working interest owners;

    • (c) for the supervision of the unit operation by the working interest owners through an operating committee composed of their duly authorized representatives and for the appointment of a unit operator to be responsible, under the direction and supervision of the operating committee, for the carrying out of the unit operation;

    • (d) for the determination of the percentage value of the vote of each working interest owner; and

    • (e) for the determination of the method of voting on any motion before the operating committee and the percentage value of the vote required to carry the motion.

Marginal note:Hearing on application

  •  (1) Where an application made under section 179 is referred by the Board to the Committee, the Committee shall hold a hearing thereon at which all interested persons shall be afforded an opportunity to be heard.

  • Marginal note:Unitization order

    (2) If the Committee finds that

    • (a) at the date of the commencement of a hearing referred to in subsection (1)

      • (i) the unit agreement and the unit operating agreement have been executed by one or more working interest owners who own in the aggregate sixty-five per cent or more of the total working interests in the unit area, and

      • (ii) the unit agreement has been executed by one or more royalty owners who own in the aggregate sixty-five per cent or more of the total royalty interests in the unit area, and

    • (b) the unitization order applied for would accomplish the more efficient or more economical production of petroleum from the unitized zone,

    the Committee may order

    • (c) that the unit agreement be a valid contract enuring to the benefit of all the royalty owners and working interest owners in the unit area and binding on and enforceable against all such owners, and

    • (d) that the unit operating agreement be a valid contract enuring to the benefit of all the working interest owners in the unit area and binding on and enforceable against all such owners,

    and, subject to section 182, the unit agreement and the unit operating agreement have the effect given them by the order of the Committee.

  • Marginal note:Variation by unitization order

    (3) In a unitization order, the Committee may vary the unit agreement or the unit operating agreement by adding provisions or by deleting or amending any provision thereof.

Marginal note:Effective date of unitization order

  •  (1) Subject to subsection (2), a unitization order becomes effective on the day that the Committee determines in the order, but that day shall be not less than thirty days after the day on which the order is made.

  • Marginal note:Effective date when unit agreement or unit operating agreement varied

    (2) Where a unit agreement or unit operating agreement is varied by the Committee in a unitization order, the effective date prescribed in the order shall be a date not less than thirty days following the day the order is made, but the order becomes ineffective if, before the effective date, the applicant files with the Committee a notice withdrawing the application on behalf of the working interest owners or there are filed with the Committee statements in writing objecting to the order and signed

    • (a) in the case of the unit agreement by

      • (i) one or more working interest owners who own in the aggregate more than twenty-five per cent of the total working interests in the area and were included within the group owning sixty-five per cent or more of the total working interests as described in subparagraph 181(2)(a)(i), and

      • (ii) one or more royalty owners who own in the aggregate more than twenty-five per cent of the total royalty interests in the unit area and were included within the group owning sixty-five per cent or more of the total royalty interests as described in subparagraph 181(2)(a)(ii); or

    • (b) in the case of the unit operating agreement, by one or more working interest owners who own in the aggregate more than twenty-five per cent of the total working interests in the unit area and were included within the group owning sixty-five per cent or more of the total working interests as described in subparagraph 181(2)(a)(i).

  • Marginal note:Revocation of order

    (3) Where a unitization order becomes ineffective under subsection (2), the Committee shall forthwith revoke the order.

  • 1988, c. 28, s. 182
  • 1992, c. 35, s. 116(E)

Marginal note:Technical defects in unitization order

 A unitization order is not invalid by reason only of the absence of notice or of any irregularities in giving notice to any owner in respect of the application for the order or any proceedings leading to the making of the order.

Marginal note:Amending unitization order

  •  (1) A unitization order may be amended on the application of a working interest owner, but before amending a unitization order the Committee shall hold a hearing at which all interested parties shall have an opportunity to be heard.

  • Marginal note:Voluntary proposal for amendment by owners

    (2) If the Committee finds that, at the date of the commencement of a hearing of an application for the amendment of a unitization order, one or more working interest owners who own in the aggregate sixty-five per cent or more of the total working interests and one or more royalty interest owners who own in the aggregate sixty-five per cent or more of the total royalty interests in the unit area have consented to the proposed amendment, the Committee may amend the unitization order in accordance with the amendment proposed.

Marginal note:Protection of tract participation ratios

 No amendment shall be made under section 184 that will alter the ratios between the tract participations of those tracts that were qualified for inclusion in the unit area before the commencement of the hearing, and, for the purposes of this section, the tract participations shall be those indicated in the unit agreement when it became subject to a unitization order.

Marginal note:Production prohibited except in accord with unitization order

 After the date on which a unitization order comes into effect and while the order remains in force, no person shall carry on any operations within the unit area for the purpose of drilling for or producing petroleum from the unitized zone, except in accordance with the provisions of the unit agreement and the unit operating agreement.

Marginal note:How percentages of interests to be determined

 The percentages of interests referred to in subsections 179(1), 181(2), 182(2) and 184(2) shall be determined

  • (a) as to royalty interests, on a prorated area basis; and

  • (b) as to working interests, on the basis of tract participations shown in the unit agreement.

General

Marginal note:Pooled spacing unit included in unit area

  •  (1) A pooled spacing unit that has been pooled pursuant to a pooling order and on which a well has been drilled may be included in a unit area as a single unit tract and the Committee may make such amendments to the pooling order as it deems necessary to remove any conflict between the provisions of the pooling order and the provisions of the unit agreement, or the unit operating agreement or the unitization order, if any.

  • Marginal note:Effect of including pooled spacing unit in unit area

    (2) Where a pooled spacing unit is included in a unit area pursuant to subsection (1), the provisions of the unit agreement, the unit operating agreement and the unitization order, if any, prevail over the provisions of the pooling order in the event of a conflict.

  • Marginal note:Exceptions

    (3) Notwithstanding subsection (2),

    • (a) the share of the unit production that is allocated to the pooled spacing unit shall in turn be allocated to the separately owned tracts in the pooled spacing unit on the same basis and in the same proportion as production actually obtained from the pooled spacing unit would have been shared under the pooling order;

    • (b) the costs and expenses of the unit operation that are allocated to the pooled spacing unit shall be shared and borne by the owners of the working interests therein on the same basis and in the same proportion as would apply under the pooling order; and

    • (c) the credits allocated under a unit operating agreement to a pooled spacing unit for adjustment of investment for wells and equipment thereon shall be shared by the owners of the working interests therein in the same proportion as would apply to the sharing of production under the pooling order.

DIVISION IIIAppeals and Administration

Appeals

Marginal note:Orders and decisions final

  •  (1) Except as provided in this Division, every decision or order of the Committee is final and binding.

  • Marginal note:Decision or order defined

    (2) Any minute or other record of the Committee or any document issued by the Committee, in the form of a decision or order, shall for the purposes of this section be deemed to be a decision or an order of the Committee.

Marginal note:Stated case for Supreme Court of Nova Scotia

  •  (1) The Committee may of its own motion or at the request of the Board state a case, in writing, for the opinion of the Appeal Division of the Supreme Court of Nova Scotia on any question that in the opinion of the Committee is a question of law or of the jurisdiction of the Committee.

  • Marginal note:Proceedings thereon

    (2) The Appeal Division of the Supreme Court of Nova Scotia shall hear and determine the case stated, and remit the matter to the Committee with the opinion of the Court thereon.

Marginal note:Board may review orders of Committee

 The Board may, at any time, in its discretion, either on petition of any interested person or of its own motion, vary or rescind any decision or order of the Committee made under this Part, whether such order is made between parties or otherwise and any order that the Board makes with respect thereto becomes a decision or order of the Committee and, subject to section 192, is binding on the Committee and on all parties.

Marginal note:Appeal to Supreme Court of Nova Scotia

  •  (1) An appeal lies from a decision or order of the Committee to the Supreme Court of Nova Scotia on a question of law, in the manner prescribed on leave for the appeal being obtained from that Court, on application made within one month after the making of the decision or order sought to be appealed from or within such further time as that Court may allow.

  • Marginal note:Staying order

    (2) Where leave to appeal is granted pursuant to subsection (1), any order of the Committee in respect of which the appeal is made shall be stayed until the matter of the appeal is determined.

  • Marginal note:Powers of the Court

    (3) After the hearing of the appeal, the Supreme Court of Nova Scotia shall certify its opinion to the Committee and the Committee shall make any order necessary to comply with that opinion.

  • Marginal note:Order subject to section 191

    (4) Any order made by the Committee pursuant to subsection (3), unless that order has already been dealt with by the Board pursuant to section 191, shall be subject to that section.

  • 1988, c. 28, s. 192
  • 1999, c. 31, s. 34

Operational Safety Officers and Conservation Officers

Marginal note:Operational safety officers

  •  (1) Subject to subsection (4), the Federal Minister and the Provincial Minister shall jointly designate as an operational safety officer for the purposes of the administration and enforcement of this Part an individual who has been recommended by the Board. The Ministers shall make the designation within 30 days after the day on which they receive the name of the individual from the Board.

  • Marginal note:Conservation officers

    (2) Subject to subsection (4), the Federal Minister and the Provincial Minister shall jointly designate as a conservation officer for the purposes of the administration and enforcement of this Part an individual who has been recommended by the Board. The Ministers shall make the designation within 30 days after the day on which they receive the name of the individual from the Board.

  • Marginal note:Notice of designation

    (3) The Ministers shall, without delay after making a designation, notify the Board, in writing, that the designation has been made.

  • Marginal note:Restriction

    (4) The Ministers shall not designate an individual if they are not satisfied that the individual is qualified to exercise the powers and carry out the duties and functions of an operational safety officer or a conservation officer, as the case may be, under this Part. If an individual is not designated, the Ministers shall without delay notify the Board of it, in writing.

  • Marginal note:Indemnification

    (5) An individual designated under subsection (1) or (2) who is not an employee of the Board is deemed to be an officer for the purposes of section 17.

  • 1988, c. 28, s. 193
  • 1992, c. 35, s. 117
  • 2014, c. 13, s. 72

Marginal note:Orders for verifying compliance

  •  (1) An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may, for the purpose of verifying compliance with this Part, order any person in charge of a place that is used for any work or activity in respect of which this Part applies or any other place in which that officer has reasonable grounds to believe that there is anything to which this Part applies

    • (a) to inspect anything in the place;

    • (b) to pose questions, or conduct tests or monitoring, in the place;

    • (c) to take photographs or measurements, or make recordings or drawings, in the place;

    • (d) to accompany or assist the officer while the officer is in the place;

    • (e) to produce a document or another thing that is in their possession or control, or to prepare and produce a document based on data or documents that are in their possession or control, in the form and manner that the officer may specify;

    • (f) to provide, to the best of their knowledge, information relating to any matter to which this Part applies, or to prepare and produce a document based on that information, in the form and manner that the officer may specify;

    • (g) to ensure that all or part of the place, or anything located in the place, that is under their control, not be disturbed for a reasonable period specified by the officer pending the exercise of any powers under this section; and

    • (h) to remove anything from the place and to provide it to the officer, in the manner that he or she specifies, for examination, testing or copying.

  • Marginal note:Powers on entry

    (2) An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may, for the purpose of verifying compliance with this Part, and subject to section 194.2, enter a place that is used for any work or activity in respect of which this Part applies or any other place in which that officer has reasonable grounds to believe that there is anything to which this Part applies, and may for that purpose

    • (a) inspect anything in the place;

    • (b) pose questions, or conduct tests or monitoring, in the place;

    • (c) take samples from the place, or cause them to be taken, for examination or testing, and dispose of those samples;

    • (d) remove anything from the place, or cause it to be removed, for examination, testing or copying;

    • (e) while at the place, take or cause to be taken photographs or measurements, make or cause to be made recordings or drawings or use systems in the place that capture images or cause them to be used;

    • (f) use any computer system in the place, or cause it to be used, to examine data contained in or available to it;

    • (g) prepare a document, or cause one to be prepared, based on data contained in or available to the computer system;

    • (h) use any copying equipment in the place, or cause it to be used, to make copies;

    • (i) be accompanied while in the place by any individual, or be assisted while in the place by any person, that the officer considers necessary; and

    • (j) meet in private with any individual in the place, with the agreement of that individual.

  • Marginal note:Clarification

    (3) For greater certainty, an officer who has entered a place under subsection (2) may order any individual in the place to do anything described in paragraphs (1)(a) to (h).

  • Marginal note:Return of things removed

    (4) Anything removed under paragraph (1)(h) or (2)(d) for examination, testing or copying shall, if requested by the person from whom it was removed, be returned to that person after the examination, testing or copying is completed, unless it is required for the purpose of a prosecution under this Part.

  • 1988, c. 28, s. 194
  • 1992, c. 35, s. 117
  • 2014, c. 13, s. 72

Marginal note:Reports provided to holder of authorization

 An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, as the case may be, shall provide written reports to the holder of an authorization about anything inspected, tested or monitored, by or on the order of the officer, for the purpose of verifying compliance with this Part, at any place that is used for a work or activity for which the authorization is issued.

  • 2014, c. 13, s. 72

Marginal note:Entering living quarters

  •  (1) If the place referred to in subsection 194(2) is living quarters

    • (a) neither a conservation officer nor the Chief Conservation Officer is authorized to enter those quarters for the purpose of verifying compliance with this Part; and

    • (b) an operational safety officer or the Chief Safety Officer is not authorized to enter those quarters without the consent of the occupant except

      • (i) to execute a warrant issued under subsection (4), or

      • (ii) to verify that those quarters, if on a marine installation or structure, as defined in subsection 210.001(1), are in a structurally sound condition.

  • Marginal note:Notice

    (2) The officer shall provide reasonable notice to the occupant before entering living quarters under subparagraph (1)(b)(ii).

  • Marginal note:Exception

    (3) Despite subparagraph (1)(b)(ii), any locker in the living quarters that is fitted with a locking device and that is assigned to the occupant shall not be opened by the officer without the occupant’s consent except under the authority of a warrant issued under subsection (4).

  • Marginal note:Authority to issue warrant

    (4) On ex parte application, a justice of the peace may issue a warrant authorizing an operational safety officer who is named in it or the Chief Safety Officer to enter living quarters subject to any conditions specified in the warrant if the justice is satisfied by information on oath that

    • (a) the living quarters are a place referred to in subsection 194(2);

    • (b) entry to the living quarters is necessary to verify compliance with this Part; and

    • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

  • Marginal note:Authority to open locker

    (5) The warrant may also authorize a locker described in subsection (3) to be opened, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

    • (a) it is necessary to open the locker to verify compliance with this Part; and

    • (b) the occupant to whom it is assigned refused to allow it to be opened or there are reasonable grounds to believe that the occupant to whom it is assigned will refuse to allow it to be opened or that consent to opening it cannot be obtained from that occupant.

  • Marginal note:Use of force

    (6) The officer who executes a warrant issued under subsection (4) shall not use force unless the use of force has been specifically authorized in the warrant.

  • Marginal note:Telewarrant provisions to apply

    (7) A warrant may be issued under this section by telephone or other means of telecommunication on information submitted by an operational safety officer or the Chief Safety Officer by one of those means, and section 487.1 of the Criminal Code applies for that purpose, with any modifications that the circumstances require.

  • Definition of living quarters

    (8) In this section, living quarters means sleeping quarters provided for employees, as defined in subsection 210.001(1), on a marine installation or structure, as defined in that subsection, and any room for the exclusive use of the occupants of those quarters that contains a toilet or a urinal.

  • 2014, c. 13, s. 72

Marginal note:Certificate to be produced

 The Board shall provide every operational safety officer and conservation officer and the Chief Safety Officer and the Chief Conservation Officer with a certificate of appointment or designation and, on entering any place under the authority of this Part, the officer shall, if so required, produce the certificate to the person in charge of the place.

  • 1988, c. 28, s. 195
  • 1992, c. 35, s. 117
  • 2014, c. 13, s. 73(E)

Marginal note:Assistance to officers

  •  (1) The owner of, and every person in charge of, a place entered by an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer under subsection 194(2), and every person found in that place, shall give all assistance that is reasonably required to enable the officer to verify compliance with this Part and provide any documents, data or information that are reasonably required for that purpose.

  • Marginal note:Transportation, accommodation and food

    (2) If the place referred to in subsection 194(2) is a marine installation or structure, as defined in subsection 210.001(1), the person in charge of the marine installation or structure shall provide to the officer, and to every individual accompanying the officer, free of charge,

    • (a) suitable transportation between the usual point of embarkation on shore and the marine installation or structure, between the marine installation or structure and the usual point of disembarkation on shore, and between marine installations or structures, if the marine installation or structure or marine installations or structures are situated in the offshore area; and

    • (b) suitable accommodation and food at the marine installation or structure.

  • 1988, c. 28, s. 196
  • 1992, c. 35, s. 117
  • 2014, c. 13, s. 74

Marginal note:Obstruction of officers and making of false statements

 No person shall obstruct or hinder, or make a false or misleading statement either orally or in writing to, an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer while the officer is engaged in carrying out his or her duties or functions under this Part.

  • 1988, c. 28, s. 197
  • 1992, c. 35, s. 117
  • 2014, c. 13, s. 74

Marginal note:Authority to issue warrant

  •  (1) On ex parte application, a justice of the peace may issue a warrant if the justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any place anything that will provide evidence or information relating to the commission of an offence under this Part.

  • Marginal note:Powers under warrant

    (2) The warrant may authorize an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, and any other individual named in the warrant, to at any time enter and search the place and to seize anything specified in the warrant, or do any of the following as specified in it, subject to any conditions that may be specified in it:

    • (a) conduct examinations, tests or monitoring;

    • (b) take samples for examination or testing, and dispose of those samples; or

    • (c) take photographs or measurements, make recordings or drawings, or use systems in the place that capture images.

  • Marginal note:Where warrant not necessary

    (3) An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may exercise the powers described in this section without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be feasible to obtain one.

  • Marginal note:Exigent circumstances

    (4) Exigent circumstances include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or the environment or the loss or destruction of evidence.

  • Marginal note:Operation of computer system and copying equipment

    (5) An individual authorized under this section to search a computer system in a place may

    • (a) use or cause to be used any computer system at the place to search any data contained in or available to the computer system;

    • (b) reproduce or cause to be reproduced any data in the form of a printout or other intelligible output;

    • (c) seize any printout or other output for examination or copying; and

    • (d) use or cause to be used any copying equipment at the place to make copies of the data.

  • Marginal note:Duty of person in charge of place

    (6) Every person who is in charge of a place in respect of which a search is carried out under this section shall, on presentation of the warrant, permit the individual carrying out the search to do anything described in subsection (5).

  • Marginal note:Transportation, accommodation and food

    (7) The person in charge of a marine installation or structure, as defined in subsection 210.001(1), shall provide to an individual who is executing a warrant under this section at the marine installation or structure, free of charge,

    • (a) suitable return transportation between the marine installation or structure and any location from which transportation services to that marine installation or structure are usually provided, and between marine installations or structures, if the marine installation or structure or marine installations or structures are situated in the offshore area; and

    • (b) suitable accommodation and food at the marine installation or structure.

  • Marginal note:Telewarrant provisions to apply

    (8) A warrant may be issued under this section by telephone or other means of telecommunication on information submitted by an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer by one of those means, and section 487.1 of the Criminal Code applies for that purpose, with any modifications that the circumstances require.

  • 2014, c. 13, s. 74

Marginal note:Storage and removal

  •  (1) A thing seized under this Part may be stored in the place where it was seized or may, at the discretion of an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, be removed to any other place for storage. The owner of the thing or the person who is lawfully entitled to possess it shall pay the costs of storage or removal.

  • Marginal note:Perishable things

    (2) If the thing seized is perishable, an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may destroy the thing, or otherwise dispose of it in any manner the officer considers appropriate. Any proceeds realized from its disposition shall be paid to the Receiver General.

  • 2014, c. 13, s. 74

Marginal note:Power of operational safety officer

  •  (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 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.

  • Marginal note:Notice

    (2) The officer who makes an order under subsection (1) shall affix at or near the scene of the operation a notice of the order in prescribed form.

  • Marginal note:Expiry of order

    (3) An order made by an operational safety officer under subsection (1) expires 72 hours after it is made unless it is confirmed before that time by order of the Chief Safety Officer.

  • Marginal note:Modification or revocation

    (4) Immediately after an operational safety officer makes an order under subsection (1), they shall advise the Chief Safety Officer accordingly, and the Chief Safety Officer may modify or revoke the order.

  • Marginal note:Reference

    (5) The person carrying out the operation to which an order under subsection (1) makes reference or any person having a pecuniary interest in that operation may by notice in writing request the Chief Safety Officer to refer it, in the manner prescribed, to the Supreme Court of Nova Scotia for review, and the Chief Safety Officer shall do so.

  • Marginal note:Inquiry

    (6) The Supreme Court of Nova Scotia shall inquire into the need for the order.

  • Marginal note:Burden of proof

    (7) Where an order has been referred to the Supreme Court of Nova Scotia pursuant to this section, the burden of establishing that the order is not needed is on the person who requested that the order be so referred.

  • Marginal note:Supreme Court judge’s decision conclusive

    (8) The Supreme Court of Nova Scotia may confirm or set aside the order, and the decision of that Court is final and conclusive.

  • Marginal note:Operations in respect of which order made

    (9) No person shall continue an operation in respect of which an order has been made pursuant to this section, except in accordance with the terms of the order or until the order has been set aside by the Supreme Court of Nova Scotia pursuant to this section.

  • 1988, c. 28, s. 198
  • 1992, c. 35, s. 117
  • 1999, c. 31, s. 35
  • 2014, c. 13, s. 75(E)

Marginal note:Priority

 An order made by an operational safety officer or the Chief Safety Officer prevails over an order made by a conservation officer or the Chief Conservation Officer to the extent of any inconsistency between the orders.

  • 1992, c. 35, s. 117
  • 2014, c. 13, s. 76(E)

Installation Manager

Marginal note:Installation manager

  •  (1) Every holder of an authorization under paragraph 142(1)(b) with respect to a work or activity for which a prescribed installation is to be used shall put in command of the installation a manager who meets any prescribed qualifications, and the installation manager is responsible for the safety of the installation and the persons at it.

  • Marginal note:Powers

    (2) Subject to this Act and any other Act of Parliament, an installation manager has the power to do such things as are required to ensure the safety of the installation and the persons at it and, more particularly, may

    • (a) give orders to any person who is at the installation;

    • (b) order that any person who is at the installation be restrained or removed; and

    • (c) obtain any information or documents.

  • Marginal note:Emergency

    (3) In a prescribed emergency situation, an installation 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 installation or that is leaving or approaching it.

  • 1992, c. 35, s. 117
  • 2014, c. 13, s. 77

Offences and Penalties

Marginal note:Offences

  •  (1) Every person is guilty of an offence who

    • (a) contravenes this Part or the regulations;

    • (b) makes any false entry or statement in any report, record or document required by this Part or the regulations or by any order made under this Part or the regulations;

    • (c) destroys, mutilates or falsifies any report or other document required by this Part or the regulations or by any order made under this Part or the regulations;

    • (d) produces any petroleum from a pool or field under the terms of a unit agreement within the meaning of Division II, or any amended unit agreement, before the unit agreement or amended unit agreement is filed with the Chief Conservation Officer;

    • (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 Board 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; 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 or the Committee.

  • Marginal note:Punishment

    (2) Every person who is guilty of an offence under subsection (1) is liable

    • (a) on summary conviction, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding one year, or to both; or

    • (b) on conviction on indictment, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years, or to both.

  • Marginal note:Sentencing principles

    (3) In addition to the principles and factors that the court is otherwise required to consider, including those set out in sections 718.1 to 718.21 of the Criminal Code, the court shall consider the following principles when sentencing a person who is found guilty of an offence under this Part:

    • (a) the amount of the fine should be increased to account for every aggravating factor associated with the offence, including the aggravating factors set out in subsection (4); and

    • (b) the amount of the fine should reflect the gravity of each aggravating factor associated with the offence.

  • Marginal note:Aggravating factors

    (4) The aggravating factors are the following:

    • (a) the offence caused harm or risk of harm to human health or safety;

    • (b) the offence caused damage or risk of damage to the environment or to environmental quality;

    • (c) the offence caused damage or risk of damage to any unique, rare, particularly important or vulnerable component of the environment;

    • (d) the damage or harm caused by the offence is extensive, persistent or irreparable;

    • (e) the offender committed the offence intentionally or recklessly;

    • (f) the offender failed to take reasonable steps to prevent the commission of the offence;

    • (g) by committing the offence or failing to take action to prevent its commission, the offender increased their revenue or decreased their costs or intended to increase their revenue or decrease their costs;

    • (h) the offender has a history of non-compliance with federal or provincial legislation that relates to safety or environmental conservation or protection; and

    • (i) after the commission of the offence, the offender

      • (i) attempted to conceal its commission,

      • (ii) failed to take prompt action to prevent, mitigate or remediate its effects, or

      • (iii) failed to take prompt action to reduce the risk of committing similar offences in the future.

  • Marginal note:Absence of aggravating factor

    (4.1) The absence of an aggravating factor set out in subsection (4) is not a mitigating factor.

  • Meaning of damage

    (4.2) For the purposes of paragraphs (4)(b) to (d), damage includes loss of use value and non-use value.

  • Marginal note:Reasons

    (4.3) If the court is satisfied of the existence of one or more of the aggravating factors set out in subsection (4) but decides not to increase the amount of the fine because of that factor, the court shall give reasons for that decision.

  • Marginal note:Due diligence defence

    (4.4) No person shall be found guilty of an offence under this Part if they establish that they exercised due diligence to prevent the commission of the offence.

  • Marginal note:Presumption against waste

    (5) No person commits an offence under subsection 159(1) by reason of committing waste as defined in paragraph 159(2)(f) or (g) unless that person has been ordered by the Committee to take measures to prevent the waste and has failed to comply.

  • 1988, c. 28, s. 199
  • 1992, c. 35, s. 118
  • 2014, c. 13, s. 78
  • 2015, c. 4, ss. 100, 117

Marginal note:Offence by officers, etc., of corporation

  •  (1) If a corporation commits an offence under this Part, any of the following individuals who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted:

    • (a) an officer, director or agent of the corporation; and

    • (b) any other individual exercising managerial or supervisory functions in the corporation.

  • Marginal note:Offence by employee or agent

    (2) In a prosecution for an offence under this Part, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence.

  • 1988, c. 28, s. 200
  • 1992, c. 35, s. 119
  • 2014, c. 13, s. 79

Marginal note:Imprisonment precluded in certain cases

 If an individual is convicted of an offence under this Part on proceedings by way of summary conviction, no imprisonment may be imposed in default of payment of any fine imposed as punishment.

  • 2014, c. 13, s. 79

 [Repealed, 2015, c. 4, s. 117]

 [Repealed, 2015, c. 4, s. 117]

 [Repealed, 2015, c. 4, s. 117]

 [Repealed, 2015, c. 4, s. 117]

Marginal note:Order of court

  •  (1) If a person is found guilty of an offence under this Part, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, in addition to any other punishment that may be imposed under this Part, make an order that has any or all of the following effects:

    • (a) prohibiting the offender from committing an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

    • (b) directing the offender to take any action that the court considers appropriate to remedy or avoid any harm to the environment that results or may result from the act or omission that constituted the offence;

    • (c) directing the offender to take any measures that the court considers appropriate to avoid any injury or damage that may result from the act or omission that constituted the offence, or to remedy any injury or damage resulting from it;

    • (d) directing the offender to carry out environmental effects monitoring in the manner established by the Board or directing the offender to pay, in the manner specified by the court, an amount of money for the purposes of environmental effects monitoring;

    • (e) directing the offender to make changes to their environmental management system that are satisfactory to the Board;

    • (f) directing the offender to have an environmental audit conducted by a person of a class and at the times specified by the Board and directing the offender to remedy any deficiencies revealed during the audit;

    • (g) directing the offender to pay to Her Majesty in right of Canada, for the purpose of promoting the conservation, protection or restoration of the environment, or to pay into the Environmental Damages Fund — an account in the accounts of Canada — an amount of money that the court considers appropriate;

    • (h) directing the offender to pay to the Board 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;

    • (i) directing the offender to publish, in the manner specified by the court, the facts relating to the commission of the offence and the details of the punishment imposed, including any orders made under this subsection;

    • (j) directing the offender to submit to the Chief Safety Officer, on application by the Chief Safety Officer within three years after the conviction, any information with respect to the offender’s activities that the court considers appropriate in the circumstances;

    • (k) directing the offender to notify, at the offender’s own cost and in the manner specified by the court, any person aggrieved or affected by the offender’s conduct of the facts relating to the commission of the offence and of the details of the punishment imposed, including any orders made under this subsection;

    • (l) directing the offender to post a bond or pay an amount of money into court that the court considers appropriate to ensure that the offender complies with any prohibition, direction, requirement or condition that is specified in the order;

    • (m) directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court;

    • (n) directing the offender to pay, in the manner specified by the court, an amount of money to environmental, health or other groups to assist in their work;

    • (o) directing the offender to pay, in the manner specified by the court, an amount of money to an educational institution including for scholarships for students enrolled in studies related to the environment;

    • (p) requiring the offender to comply with any conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing another offence under this Part;

    • (q) prohibiting the offender from taking measures to acquire an interest or from applying for any new licence or other authorization under this Act during any period that the court considers appropriate.

  • Marginal note:Coming into force and duration of order

    (2) An order made under subsection (1) comes into force on the day on which the order is made or on any other day that the court may determine, but shall not continue in force for more than three years after that day.

  • Marginal note:Publication

    (3) If an offender does not comply with an order requiring the publication of facts relating to the offence and the details of the punishment, the Board may, in the manner that the court directed the offender, publish those facts and details and recover the costs of publication from the offender.

  • Marginal note:Debt due to Board

    (4) If the Board incurs publication costs under subsection (3), the costs constitute a debt due to the Board and may be recovered in any court of competent jurisdiction.

  • 1988, c. 28, s. 201
  • 2015, c. 4, ss. 101, 117

Marginal note:Variation of sanctions

  •  (1) Subject to subsection (2), if a court has made, in relation to an offender, an order under section 201, the court may, on application by the offender or the Board, require the offender to appear before it and, after hearing the offender and the Board, vary the order in one or more of the following ways that the court considers appropriate because of a change in the offender’s circumstances since the order was made:

    • (a) by making changes to any prohibition, direction, requirement or condition that is specified in the order for any period or by extending the period during which the order is to remain in force, not exceeding one year; or

    • (b) by decreasing the period during which the order is to remain in force or by relieving the offender of compliance with any condition that is specified in the order, either absolutely or partially or for any period.

  • Marginal note:Notice

    (2) Before making an order under subsection (1), the court may direct that notice be given to any persons that the court considers to be interested, and may hear any of those persons.

  • 2015, c. 4, s. 101

Marginal note:Subsequent applications with leave

 If an application made under subsection 201.1(1) in relation to an offender has been heard by a court, no other application may be made under section 201.1 in relation to the offender except with leave of the court.

  • 2015, c. 4, s. 101

Marginal note:Recovery of fines and amounts

 If a person is convicted of an offence under this Part and a fine that is imposed is not paid when required or if a court orders an offender to pay an amount under subsection 201(1) or 201.1(1), the prosecutor may, by filing the conviction or order, as the case may be, enter as a judgment the amount of the fine or the amount ordered to be paid, and costs, if any, in the Supreme Court of Nova Scotia, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against them in that Court in civil proceedings.

  • 2015, c. 4, s. 101

Marginal note:Continuing offences

 Where an offence under this Part is committed on more than one day or is continued for more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.

 [Repealed, 1992, c. 35, s. 120]

Marginal note:Time limited for summary conviction proceedings

 Proceedings by way of summary conviction for an offence under this Part may be instituted at any time within but no later than three years after the day on which the subject-matter of the proceedings arose, unless the prosecutor and the defendant otherwise agree.

  • 1988, c. 28, s. 204
  • 2014, c. 13, s. 80

Marginal note:Evidence

 In any prosecution for an offence under this Part, a copy of any order or other document purporting to have been made pursuant to this Part or the regulations and purporting to have been signed by the person authorized by this Part or the regulations to make that order or document is, in the absence of any evidence to the contrary, proof of the matters set out therein.

  • 1988, c. 28, s. 205
  • 2014, c. 13, s. 81(F)

Marginal note:Jurisdiction of judge or justice

 Any complaint or information in respect of an offence under this Part may be heard, tried or determined by a justice or judge if the accused is resident or carrying on business within the territorial jurisdiction of that justice or judge although the matter of the complaint or information did not arise in that territorial jurisdiction.

Marginal note:Action to enjoin not prejudiced by prosecution

  •  (1) Notwithstanding that a prosecution has been instituted in respect of an offence under this Part, the regulations or any order made pursuant to this Part or the regulations, the Board may commence and maintain an action to enjoin the committing of any contravention of this Part, the regulations or any order made pursuant to this Part or the regulations.

  • Marginal note:Civil remedy not affected

    (2) No civil remedy for any act or omission is suspended or affected by reason that the act or omission is an offence under this Part.

Marginal note:Information

 In any proceedings for an offence under this Part

  • (a) an information may include more than one offence committed by the same person;

  • (b) all those offences may be tried concurrently; and

  • (c) one conviction for any or all offences so included may be made.

  • 2014, c. 13, s. 82
  • 2015, c. 4, s. 117

Administrative Monetary Penalties

Powers

Marginal note:Regulations

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

    • (a) designating as a violation that may be proceeded with in accordance with this Part

      • (i) the contravention of any specified provision of this Part or of any of its regulations,

      • (ii) the contravention of any direction, requirement, decision or order, or of any direction, requirement, decision or order of a specified class of directions, requirements or orders, made under this Part, or

      • (iii) the failure to comply with any term or condition of

        • (A) an operating licence or authorization, or a specified class of operating licences or authorizations, issued under this Part, or

        • (B) any approval or exemption or a specified class of approvals or exemptions, granted under this Part;

    • (b) respecting the determination of, or the method of determining, the amount payable as the penalty, which may be different for individuals and other persons, for each violation; and

    • (c) respecting the service of documents required or authorized under section 207.06, 207.2 or 207.5, including the manner and proof of service and the circumstances under which documents are considered to be served.

  • Marginal note:Maximum

    (2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for a violation shall not be more than $25,000, in the case of an individual, and $100,000, in the case of any other person.

  • 2015, c. 4, s. 102

Marginal note:Powers

 The Board may

  • (a) establish the form of notices of violation;

  • (b) designate persons or classes of persons who are authorized to issue notices of violation;

  • (c) establish, in respect of each violation, a short-form description to be used in notices of violation; and

  • (d) designate persons or classes of persons to conduct reviews under section 207.4.

  • 2015, c. 4, s. 102
Violations

Marginal note:Commission of violation

  •  (1) Every person who contravenes or fails to comply with a provision, direction, requirement, decision or order, or term or condition the contravention of which, or the failure to comply with which, is designated to be a violation by a regulation made under paragraph 207.01(1)(a) commits a violation and is liable to a penalty of an amount to be determined in accordance with the regulations.

  • Marginal note:Purpose of penalty

    (2) The purpose of the penalty is to promote compliance with this Part and not to punish.

  • 2015, c. 4, s. 102

Marginal note:Liability of directors, officers, etc.

 If a corporation commits a violation, any director, officer, or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty of an amount to be determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Part.

  • 2015, c. 4, s. 102

Marginal note:Proof of violation

 In any proceedings under this Part against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee, or agent or mandatary, of the person, whether or not the employee, or agent or mandatary is identified or proceeded against in accordance with this Part.

  • 2015, c. 4, s. 102

Marginal note:Issuance and service of notice of violation

  •  (1) If a person designated under paragraph 207.02(b) believes on reasonable grounds that a person has committed a violation, the designated person may issue a notice of violation and cause it to be served on the person.

  • Marginal note:Contents

    (2) The notice of violation shall

    • (a) name the person that is believed to have committed the violation;

    • (b) set out the relevant facts surrounding the violation;

    • (c) set out the amount of the penalty for the violation;

    • (d) inform the person of their right, under section 207.2, to request a review with respect to the amount of the penalty or the facts of the violation, and of the prescribed period within which that right is to be exercised;

    • (e) inform the person of the manner of paying the penalty set out in the notice; and

    • (f) inform the person that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they will be considered to have committed the violation and that they are liable to the penalty set out in the notice.

  • 2015, c. 4, s. 102
Rules About Violations

Marginal note:Certain defences not available

  •  (1) A person named in a notice of violation does not have a defence by reason that the person

    • (a) exercised due diligence to prevent the commission of the violation; or

    • (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.

  • Marginal note:Common law principles

    (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Part applies in respect of a violation to the extent that it is not inconsistent with this Part.

  • 2015, c. 4, s. 102

Marginal note:Continuing violation

 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

  • 2015, c. 4, s. 102

Marginal note:Violation or offence

  •  (1) Proceeding with any act or omission as a violation under this Part precludes proceeding with it as an offence under this Part, and proceeding with it as an offence under this Part precludes proceeding with it as a violation under this Part.

  • Marginal note:Violations not offences

    (2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

  • 2015, c. 4, s. 102

Marginal note:Limitation or prescription period

 No notice of violation is to be issued more than two years after the day on which the matter giving rise to the violation occurred.

  • 2015, c. 4, s. 102
Reviews

Marginal note:Right to request review

 A person who is served with a notice of violation may, within 30 days after the day on which it is served, or within any longer period that the Board allows, make a request to the Board for a review of the amount of the penalty or the facts of the violation, or both.

  • 2015, c. 4, s. 102

Marginal note:Correction or cancellation of notice of violation

 At any time before a request for a review in respect of a notice of violation is received by the Board, a person designated under paragraph 207.02(b) may cancel the notice of violation or correct an error in it.

  • 2015, c. 4, s. 102

Marginal note:Review

  •  (1) On receipt of a request made under section 207.2, the Board shall conduct the review or cause the review to be conducted by a person designated under paragraph 207.02(d).

  • Marginal note:Restriction

    (2) The Board shall conduct the review if the notice of violation was issued by a person designated under paragraph 207.02(d).

  • 2015, c. 4, s. 102

Marginal note:Object of review

  •  (1) The Board or the person conducting the review shall determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the person committed the violation, or both.

  • Marginal note:Determination

    (2) The Board or the person conducting the review shall render a determination and the reasons for it in writing and cause the person who requested the review to be served with a copy of them.

  • Marginal note:Correction of penalty

    (3) If the Board or the person conducting the review determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the Board or the person, as the case may be, shall correct the amount of the penalty.

  • Marginal note:Responsibility

    (4) If the Board or the person conducting the review determines that the person who requested the review committed the violation, the person who requested the review is liable to the penalty as set out in the notice issued under section 207.06 or as set out in the determination if the amount of the penalty was corrected under subsection (3).

  • Marginal note:Determination final

    (5) A determination made under this section is final and binding and, subject to review by the Supreme Court of Nova Scotia, is not subject to appeal or to review by any court.

  • 2015, c. 4, s. 102

Marginal note:Burden of proof

 If the facts of a violation are reviewed, the person who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it.

  • 2015, c. 4, s. 102
Responsibility

Marginal note:Payment

 If a person pays the penalty set out in a notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended.

  • 2015, c. 4, s. 102

Marginal note:Failure to act

 A person that neither pays the penalty imposed under this Part nor requests a review in the period referred to in section 207.2 is considered to have committed the violation and is liable to the penalty.

  • 2015, c. 4, s. 102
Recovery of Penalties

Marginal note:Debt to Her Majesty

  •  (1) A penalty constitutes a debt due to Her Majesty in right of the Province and may be recovered in the Supreme Court of Nova Scotia.

  • Marginal note:Limitation period

    (2) No proceedings to recover the debt are to be instituted more than five years after the day on which the debt becomes payable.

  • 2015, c. 4, s. 102

Marginal note:Certificate

  •  (1) The Board may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 207.9(1).

  • Marginal note:Registration

    (2) Registration in the Supreme Court of Nova Scotia 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.

  • 2015, c. 4, s. 102
General

Marginal note:Admissibility of documents

 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 207.06(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.

  • 2015, c. 4, s. 102

Marginal note:Publication

 The Board may make public the nature of a violation, the name of the person who committed it and the amount of the penalty.

  • 2015, c. 4, s. 102

Regulations

Marginal note:Regulations

 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 11 the terms oil and gas.

Application

Marginal note:Application

 This Part applies to every interest or right in petroleum acquired or vested before the coming into force of this section and is binding on Her Majesty in right of Canada or a province.

  • 1988, c. 28, s. 209
  • 2014, c. 13, s. 83(F)

Transitional

Marginal note:Operating licences

  •  (1) Where an operating licence was issued under subsection 3.2(1) of the Oil and Gas Production and Conservation Act and is in force on the coming into force of this section, it shall be deemed to be an operating licence issued by the Board under this Part.

  • Marginal note:Authorizations and development plan approval

    (2) Where, prior to the coming into force of this section, authorization for any work or activity or approval of a development plan was given under subsection 3.2(1) of the Oil and Gas Production and Conservation Act or any regulation made under that Act, the authorization or approval shall be deemed to have been given by the Board under this Part.

PART III.1Occupational Health and Safety

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in this Part.

    authorization

    authorization means an authorization issued under paragraph 142(1)(b). (autorisation)

    Chief Safety Officer

    Chief Safety Officer means the person designated as the Chief Safety Officer under section 144. (délégué à la sécurité)

    committee

    committee means a special committee and a workplace committee. (comité)

    coordinator

    coordinator means an employee designated under subsection 210.045(1) to act as an occupational health and safety coordinator. (coordonnateur)

    declaration

    declaration means a declaration referred to in subsection 143.1(1). (déclaration)

    employee

    employee means an individual who, in return for monetary compensation, performs work or services for an employer in respect of a work or activity for which an authorization has been issued. (employé)

    employer

    employer means a person who employs or contracts for the services of any individual in respect of a work or activity for which an authorization has been issued, if that person has the power to exercise direction and control over the individual’s work at the workplace. (employeur)

    hazardous substance

    hazardous substance includes a controlled product and any chemical, biological or physical agent that, by reason of a property that the agent possesses, is hazardous to the health or safety of an individual exposed to it. (substance dangereuse)

    health and safety officer

    health and safety officer means an occupational health and safety officer or a special officer. (agent de santé et de sécurité)

    interest holder

    interest holder has the same meaning as in section 49. (Version anglaise seulement)

    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, living accommodation, storage structure 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)

    Nova Scotia social legislation

    Nova Scotia social legislation means the provisions of the following Acts, as those Acts are amended from time to time: the Human Rights Act, R.S.N.S. 1989, c. 214, the Labour Standards Code, R.S.N.S. 1989, c. 246, the Workers’ Compensation Act, S.N.S. 1994-95, c.10, and the Health Protection Act, S.N.S. 2004, c. 4. (lois sociales)

    occupational health and safety officer

    occupational health and safety officer means an individual designated by the Federal Minister under section 210.072. (agent de santé et de sécurité au travail)

    operator

    operator means a person who holds an authorization. (exploitant)

    owner

    owner means a person who has a right, title or interest, including a leasehold interest, recognized by law, in a marine installation or structure that is used or is to be used as a workplace, or any entity in which the person has vested all or any part of their right, title or interest. (propriétaire)

    passenger craft

    passenger craft means any aircraft or vessel used to transport employees to or from a workplace while — and immediately before — it is transporting them. (véhicule de transport)

    person

    person includes individuals, corporations and partnerships. (personne)

    personal protective equipment

    personal protective equipment includes personal protective clothing, personal protective devices and personal protective materials. (équipement de protection personnelle)

    provider of services

    provider of services means a person who, for commercial gain,

    • (a) provides services related to the placement with an operator or employer of individuals who, in return for monetary compensation, perform work or services for the operator or employer at a workplace; or

    • (b) provides services that affect or could affect the health or safety of employees or other individuals at a workplace or on a passenger craft, including engineering services, architectural services, the services of a certifying authority referred to in subsection 143.2(6), or the services of any person who provides information or advice, issues a certificate or affixes a professional seal or stamp. (fournisseur de services)

    Provincial Minister

    Provincial Minister means the minister of the government of the Province who is responsible for occupational health and safety. (ministre provincial)

    special committee

    special committee means a special committee established under section 210.046. (comité spécial)

    special officer

    special officer means an individual designated under section 210.073. (agent spécial)

    supervisor

    supervisor means an employee who is in charge of a workplace or part of a workplace or who has authority over other employees. (superviseur)

    supplier

    supplier means a person who, for commercial gain, manufactures, supplies, sells, leases, distributes or installs any tool, equipment, machine or device, any biological, chemical, or physical agent or any other prescribed thing, to be used at a workplace or on a passenger craft. (fournisseur de biens)

    union

    union means a trade union as defined in the Trade Union Act, R.S.N.S. 1989, c. 475, as amended from time to time, that has the status of a bargaining agent under that Act in respect of any bargaining unit at a workplace, or any organization representing employees that has exclusive bargaining rights under any other Act of the Legislature of the Province in respect of those employees. (syndicat)

    workplace

    workplace means

    • (a) any marine installation or structure where an employee is employed in connection with a work or activity for which an authorization has been issued;

    • (b) any workboat used by an employee, and operated from a marine installation or structure, to perform routine maintenance or repair work in connection with a work or activity for which an authorization has been issued; and

    • (c) any dive site from which, and any underwater area at which, a diving operation is conducted by an employee in connection with a work or activity for which an authorization has been issued. (lieu de travail)

    workplace committee

    workplace committee means a workplace committee established under section 210.043. (comité du lieu de travail)

  • Marginal note:Hazardous Products Act definitions

    (2) In this Part, controlled product, hazard symbol, Ingredient Disclosure List, label and material safety data sheet have the same meanings as in section 2 and subsection 11(1) of the Hazardous Products Act. Subsection 11(2) of that Act also applies for the purposes of this Part.

  • Marginal note:Regulations

    (3) Subject to section 6 and on the recommendation of the Federal Minister and the Minister of Labour, the Governor in Council may make regulations

    • (a) defining danger, dive site, diving operation and incident for the purposes of this Part; and

    • (b) amending the definition Nova Scotia social legislation in subsection (1) to add any Act of the Legislature of the Province or to remove any Act from the definition.

  • Marginal note:Regulations

    (4) Subject to section 6 and on the recommendation of the Federal Minister, the Minister of Labour and the Minister of Transport, the Governor in Council may make regulations

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

    • (b) prescribing a class of vessels for the purposes of subparagraph (b)(i) of the definition marine installation or structure in subsection (1); and

    • (c) prescribing a class of ships or vessels for the purposes of subparagraph (b)(ii) of the definition marine installation or structure in subsection (1).

  • Marginal note:Employees in transit

    (5) For the purposes of sections 210.005, 210.007 and 210.008, an employee is deemed to be at a workplace within the offshore area while — and immediately before — the employee is being transported on a passenger craft between the last point of embarkation on shore and the workplace, between the workplace and the first point of disembarkation on shore, or between workplaces.

  • 2014, c. 13, s. 84

Her Majesty

Marginal note:Binding on Her Majesty

 This Part is binding on Her Majesty in right of Canada or a province.

  • 2014, c. 13, s. 84

Application

Marginal note:Application of Part

  •  (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 within the offshore area.

  • Marginal note:Employees and other passengers in transit

    (2) This Part also applies to employees and other passengers while — and immediately before — being transported on a passenger craft between the last point of embarkation on shore and the workplace, between the workplace and the first point of disembarkation on shore, or between workplaces.

  • 2014, c. 13, s. 84

Marginal note:Non-application of Parts II and III of Canada Labour Code

 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 within the offshore area.

  • 2014, c. 13, s. 84

Marginal note:Non-application of Canadian Human Rights Act

 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 within the offshore area.

  • 2014, c. 13, s. 84

Marginal note:Non-application of Non-smokers’ Health Act

 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 within the offshore area.

  • 2014, c. 13, s. 84

Marginal note:Application of Nova Scotia social legislation

  •  (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 within the offshore area.

  • Marginal note:Inconsistency or conflict

    (2) In the event of an inconsistency or conflict between the provisions of this Act, or any regulations made under it, and the provisions of Nova Scotia social legislation or any regulations made under that legislation, the provisions of this Act and the regulations made under it prevail to the extent of the inconsistency or conflict.

  • 2014, c. 13, s. 84

Marginal note:Application of Trade Union Act, R.S.N.S. 1989, c. 475

  •  (1) Despite section 4 of the Canada Labour Code and any other Act of Parliament, the provisions of the Trade Union Act, R.S.N.S. 1989, c. 475, as amended from time to time, and any regulations made under it, apply to and in respect of

    • (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 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;

    • (b) any workboat used by an employee, and operated from a marine installation or structure, to perform routine maintenance or repair work in connection with a work or activity for which an authorization has been issued; and

    • (c) a dive site from which, and any underwater area at which, a diving operation is conducted by an employee in connection with a work or activity for which an authorization has been issued.

  • 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 within the offshore area if subsection (1) does not apply to or in respect of the marine installation or structure.

  • 2014, c. 13, s. 84

Purpose

Marginal note:Prevention of accidents and injury

  •  (1) The purpose of this Part is to prevent accidents and injury arising out of, linked to or occurring in the course of employment to which this Part applies, in particular by

    • (a) allocating responsibility for occupational health and safety among the Board and the persons, unions and committees having obligations under this Part; and

    • (b) establishing a framework for them to exercise their rights and carry out their obligations.

  • Marginal note:Preventive measures

    (2) Preventive measures should first aim at the elimination of hazards, then the reduction of the risks posed by the hazards and finally, the taking of protective measures, all with the goal of ensuring the health and safety of employees.

  • 2014, c. 13, s. 84

Allocation of Responsibility

Marginal note:Principles

  •  (1) The allocation of responsibility for occupational health and safety is based on the following principles:

    • (a) operators have overall responsibility; and

    • (b) operators, employers, suppliers, providers of services, employees, supervisors, owners and interest holders have individual and shared responsibilities, and are responsible for cooperating with each other and coordinating their activities related to occupational health and safety.

  • Marginal note:Specific obligations not to limit general obligations

    (2) For greater certainty, the imposition of any specific obligation under this Part shall not be construed as limiting the generality of any other obligation under this Part.

  • 2014, c. 13, s. 84

Duties of Operators

Marginal note:Duty to establish occupational health and safety policy

  •  (1) Every operator shall develop an occupational health and safety policy governing its workplaces.

  • Marginal note:Contents

    (2) The policy shall be set out in writing and contain

    • (a) the commitments of the operator related to occupational health and safety, including its commitment to cooperate with employees with regard to health and safety;

    • (b) the responsibilities of the employers at any of the operator’s workplaces related to occupational health and safety; and

    • (c) any prescribed requirements.

  • Marginal note:Duty to review

    (3) The operator shall review the policy at least every three years in consultation with each workplace committee that it establishes and with each employer at any of the operator’s workplaces.

  • 2014, c. 13, s. 84

Marginal note:Duty to take reasonable measures

 Every operator shall take all reasonable measures to ensure the health and safety of all employees and other individuals at its workplaces and of all employees or other passengers while — and immediately before  — being transported on a passenger craft to or from any of those workplaces.

  • 2014, c. 13, s. 84

Marginal note:Specific duties  — workplace

 Every operator shall, in respect of each of its workplaces,

  • (a) ensure the coordination of all work and activities for which an authorization has been issued to the operator;

  • (b) comply with its occupational health and safety management system, and ensure that all employers, supervisors and employees at, owners of and providers of services to the workplace comply with that system;

  • (c) ensure that information necessary for the health and safety of employees and other individuals at the workplace is communicated to them;

  • (d) ensure that all employers, supervisors and employees at, owners of and suppliers and providers of services to the workplace comply with the provisions of this Part and the regulations made under this Part;

  • (e) ensure that each employee at the workplace is made aware of known or foreseeable health or safety hazards;

  • (f) ensure that all work and activities for which an authorization has been issued are conducted so as to minimize the exposure to hazards, including hazardous substances, of all employees and other individuals at the workplace;

  • (g) ensure that any installations, facilities, equipment and materials at the workplace are properly installed, stored and maintained and are safe for their intended use;

  • (h) ensure that all employees and other individuals at the workplace conduct themselves so as to minimize their exposure to hazards, including hazardous substances;

  • (i) ensure that all employees and other individuals at the workplace are provided with the facilities and personal protective equipment — including any that are prescribed — necessary for their health and safety;

  • (j) ensure that all employees and other individuals at the workplace are provided with the information and training — including any that are prescribed — required for the proper use of personal protective equipment that is prescribed or that is required by the operator to be used or worn;

  • (k) ensure that all employees and other individuals at the workplace are provided with the instruction, training and supervision —  including any that are prescribed — nec­essary for their health and safety;

  • (l) comply with the occupational health and safety requirements of any authorization issued to them, and those undertaken in the declaration related to the authorization, and record all instances of failures to comply with those requirements as well as any measures taken to rectify the failure or to prevent further such failures;

  • (m) ensure that all employers, supervisors and employees at, owners of and providers of services to the workplace comply with the occupational health and safety requirements of any authorization related to that workplace that is issued to the operator, and those undertaken in the declaration related to the authorization, and report any instances of failures to comply with those requirements to the operator;

  • (n) inform the relevant interest holders of the occupational health and safety requirements of any authorization related to that workplace that is issued to the operator, and those undertaken in the declaration related to the authorization, and of any failure to comply with those requirements;

  • (o) ensure that members of committees established for the workplace are provided with the support, opportunities and training —  including any that are prescribed — nec­essary to enable the members to fulfil their duties and functions as a member of the committee;

  • (p) cooperate with those committees and facilitate communications between the employees and the committees;

  • (q) ensure that all or part of the workplace as described in paragraphs (a) and (b) of the definition workplace in subsection 210.001(1) is inspected by or on behalf of the operator at least once a month, so that every part of that workplace is inspected at least once a year, and ensure that the workplace committee participates;

  • (r) ensure that a record is kept of each inspection referred to in paragraph (q), including any corrective action taken as a consequence; and

  • (s) cooperate with the Board and with persons carrying out duties or functions under this Part.

  • 2014, c. 13, s. 84

Marginal note:Specific duties  — passenger craft

  •  (1) Every operator shall, each time before employees or other passengers are transported on a passenger craft to or from any of its workplaces,

    • (a) ensure that the employees and other passengers are provided with any information and instruction — including any that are prescribed — necessary for their health and safety; and

    • (b) ensure that the employees are provided with the operator’s contact information for the purposes of subsection 210.054(2).

  • Marginal note:Specific duty  — passenger craft

    (2) Every operator shall ensure that a passenger craft going to or from any of its workplaces

    • (a) meets the requirements of any Act or other law that relates to the health or safety of the employees and other passengers on the passenger craft; and

    • (b) is equipped with any equipment, devices and materials necessary to ensure the health and safety of the employees and other passengers, including any that are prescribed.

  • Marginal note:Specific duties  — personal protective equipment

    (3) Every operator shall ensure that all employees and other passengers on a passenger craft going to or from any of its workplaces

    • (a) are provided with any personal protective equipment necessary to ensure their health and safety, including any that is prescribed; and

    • (b) are provided with the information and training — including any that are prescribed —  required for the proper use of personal protective equipment provided under paragraph (a) and the equipment, devices and materials referred to in paragraph (2)(b).

  • 2014, c. 13, s. 84

Marginal note:Occupational health and safety management system

  •  (1) Every operator shall develop, implement and maintain an occupational health and safety management system that fosters a culture of workplace safety and that is adapted to the circumstances of the work or activity specified in each authorization issued to the operator, for the purposes of

    • (a) implementing its occupational health and safety policy;

    • (b) ensuring that the provisions of this Part and the regulations made under this Part are complied with; and

    • (c) complying with the occupational health and safety requirements of each of those authorizations, and those undertaken in a declaration related to any of those authorizations.

  • Marginal note:Contents

    (2) The system shall be set out in writing and include provisions regarding

    • (a) the management of risks to the health and safety of employees — including any prescribed risks — and procedures for

      • (i) the ongoing and systematic identification and reporting of all hazards,

      • (ii) the assessment of risks associated with identified hazards, and

      • (iii) the implementation of hazard control measures;

    • (b) the role of any committee established for any of the operator’s workplaces and the interaction between those committees;

    • (c) the roles and accountability of the employers, employees, providers of services and suppliers that are responsible for implementing the operator’s occupational health and safety policy and occupational health and safety management system;

    • (d) the allocation of sufficient resources to ensure that employees continue to be qualified and competent, that there is proper quality control of documents, facilities, equipment and materials and that there is effective cooperation among employers;

    • (e) the procedures for carrying out work or activities, dealing with changes in operations and responding to emergencies;

    • (f) the procedures for dealing with failures to comply with the system and the procedures for the reporting and investigating of occupational diseases and of accidents, incidents and other hazardous occurrences and the keeping of related records and statistical analysis;

    • (g) the auditing of the adequacy and effectiveness of the system, including

      • (i) determining the ability of the system to achieve the purposes set out in subsection (1), and

      • (ii) identifying improvements that could be made to the system; and

    • (h) the implementation of the improvements identified during the audit referred to in paragraph (g).

  • Marginal note:Duty to review

    (3) The operator shall review the system at least every three years in consultation with each workplace committee that it establishes.

  • Marginal note:Limitation

    (4) If the regulations establish requirements in respect of anything described in any of paragraphs (2)(a) to (h), the system shall meet the requirements of those regulations.

  • 2014, c. 13, s. 84

Marginal note:Power to require code of practice

  •  (1) The Chief Safety Officer may, in writing, require an operator to establish a code of practice in respect of occupational health and safety, or to adopt a code of practice in respect of occupational health and safety that is specified by the Chief Safety Officer, in respect of

    • (a) any of its workplaces or any work or activity carried out at any of its workplaces; or

    • (b) the transportation of employees to or from any of its workplaces.

  • Marginal note:Revision of code of practice

    (2) The code of practice may be revised by the Chief Safety Officer from time to time, or the Chief Safety Officer may require the operator to revise it from time to time.

  • 2014, c. 13, s. 84

Marginal note:Notification of accidents, etc.

  •  (1) Every operator shall, as soon as it becomes known to the operator, notify the Chief Safety Officer of

    • (a) any occupational disease at any of its workplaces; or

    • (b) any accident, incident or other hazardous occurrence at any of its workplaces, or on a passenger craft going to or from any of those workplaces, that causes a death or serious injury or in which a death or serious injury is narrowly avoided.

  • Marginal note:Investigation of accidents, etc.

    (2) Every operator shall investigate any occupational disease, or any accident, incident or other hazardous occurrence, described in paragraph (1)(a) or (b) and shall keep adequate records of its investigation — including any records that are prescribed — for the period that is prescribed.

  • Marginal note:Report

    (3) An operator shall, no later than April 1 of each year, submit to each workplace committee that it establishes, to the Chief Safety Officer and, on request, to any special committee established for any of its workplaces, a written report for the immediately preceding calendar year, in a form determined by that Officer.

  • Marginal note:Contents of report

    (4) The report shall set out data on all occupational diseases, and all accidents, incidents and other hazardous occurrences, that have occurred at any of the operator’s workplaces or on a passenger craft going to or from any of those workplaces during the calendar year covered by the report, including the number of deaths, the number of serious injuries and the number of minor injuries.

  • Definition of serious injury

    (5) In this section, serious injury means an injury that

    • (a) results in the loss by an individual of a body member or part of a body member or in the complete loss by an individual of the usefulness of a body member or part of a body member;

    • (b) results in the permanent impairment of a body function of an individual; or

    • (c) prevents an employee from reporting for work or from effectively performing all the functions connected with their regular work on any day subsequent to the day on which the injury occurred, whether or not that subsequent day is a working day for them.

  • 2014, c. 13, s. 84

Duties of Employers

Marginal note:Duty to take reasonable measures

 Every employer shall take all reasonable measures to ensure

  • (a) the health and safety of its employees and other individuals at a workplace under its control;

  • (b) the health and safety of its employees at a workplace that is not under its control, to the extent that it controls their activities at the workplace; and

  • (c) the health and safety of its employees while — and immediately before — they are transported on a passenger craft.

  • 2014, c. 13, s. 84

Marginal note:Specific duties

  •  (1) Every employer shall, in respect of each workplace under its control, and in respect of any activity performed by any of its employees at a workplace that is not under its control, to the extent that it controls the activity,

    • (a) coordinate its undertaking with the work and activities of the operator and of any other employer at the workplace who may be affected by that undertaking;

    • (b) ensure that the operator’s occupational health and safety management system is complied with and carry out any responsibilities assigned to the employer under that system;

    • (c) determine, in consultation with the operator, the impact of its undertaking on occupational health and safety and ensure that other employers at the workplace who may be affected by that undertaking are provided with adequate information;

    • (d) communicate to its employees — and, in respect of a workplace under its control, to other individuals at the workplace — all information necessary to their health and safety, or ensure that the information is communicated to them;

    • (e) ensure that its employees comply with the provisions of this Part and the regulations made under this Part;

    • (f) ensure that each of its employees, and particularly each supervisor, is made aware of known or foreseeable health or safety hazards;

    • (g) ensure that its undertaking is conducted so as to minimize its employees’ exposure to hazards and, in respect of any other individuals at a workplace under its control, to minimize their exposure to hazards;

    • (h) provide to its employees, and, in respect of a workplace under its control, to other individuals at the workplace, the facilities and personal protective equipment — including any that are prescribed — necessary for their health and safety;

    • (i) provide to its employees, and, in respect of a workplace under its control, to other individuals at the workplace, the information and training — including any that are prescribed — required for the proper use of all personal protective equipment that is prescribed or that is required by the operator or employer to be used or worn;

    • (j) provide its employees with the instruction, training and supervision — including any that are prescribed — necessary for their health and safety;

    • (k) ensure that the occupational health and safety requirements of any authorization related to the workplace are complied with;

    • (l) record and report to the operator all instances of failures to comply with the provisions of this Part or of the regulations made under this Part, or with the occupational health and safety requirements of any authorization related to the workplace;

    • (m) ensure that all equipment, machines, devices, materials and other things at the workplace are properly installed, stored and maintained, are safe for their intended use and are used as intended;

    • (n) cooperate with and facilitate communication with committees established for the workplace;

    • (o) provide to members of any special committee it establishes for the workplace the support, opportunities and training  — including any that are prescribed — necessary to enable the members to fulfil the duties and functions conferred on the committee;

    • (p) ensure that all or part of the workplace as described in paragraphs (a) and (b) of the definition workplace in subsection 210.001(1) under its control is inspected by it or on its behalf at least once a month, so that every part of that workplace is inspected at least once a year, and ensure that the workplace committee participates; and

    • (q) cooperate with the Board and with persons carrying out duties or functions under this Part.

  • Marginal note:Training

    (2) An employee who, with the approval of their employer, is receiving training that is required under this Part shall be paid the same wages and granted the same benefits that the employee would have received had they been working.

  • 2014, c. 13, s. 84

Marginal note:Occupational health and safety program

  •  (1) For the purpose of implementing the operator’s occupational health and safety policy, every employer shall, in consultation with the workplace committee, develop, implement and maintain, in respect of each workplace under the employer’s control, an occupational health and safety program that fosters a culture of workplace safety, if

    • (a) five or more employees are normally employed at the workplace by the employer;

    • (b) the program is required by the Chief Safety Officer; or

    • (c) the requirement for such a program is prescribed.

  • Marginal note:Contents

    (2) The program shall be set out in writing and include provisions regarding

    • (a) the management of risks to the health and safety of the employees — including any prescribed risks — and procedures for

      • (i) the ongoing and systematic identification and reporting of all hazards,

      • (ii) the assessment of risks associated with identified hazards, and

      • (iii) the implementation of hazard control measures;

    • (b) the training and supervision of the employees that are necessary to ensure their health and safety and that of other individuals at the workplace;

    • (c) the establishment of special committees, the operation of workplace committees and special committees, the access by committees to a level of management with authority to resolve occupational health and safety matters and the information required under this Part to be maintained in relation to those committees;

    • (d) the roles of committees and their interaction in implementing the operator’s occupational health and safety policy;

    • (e) the roles and accountability of the employers, employees, providers of services and suppliers that are responsible for implementing the operator’s occupational health and safety policy;

    • (f) the procedures, including those required under this Part, to be followed to protect the employees’ health and safety, and the identification of the types of work to which those procedures apply;

    • (g) the procedures to be followed to deal with

      • (i) failures to comply with the program and with the reporting and investigating of occupational diseases, and of accidents, incidents and other hazardous occurrences, at the workplace, and

      • (ii) the keeping of related records and statistical analysis;

    • (h) the auditing of the adequacy and effectiveness of the program, including

      • (i) determining the ability of the program to meet the requirements of the operator’s occupational health and safety policy and occupational health and safety management system, and

      • (ii) identifying improvements that could be made to the program; and

    • (i) the implementation of the improvements identified during the audit referred to in paragraph (h).

  • Marginal note:Limitation

    (3) If the regulations establish requirements in respect of anything described in any of paragraphs (2)(a) to (i), the program shall meet the requirements of those regulations.

  • 2014, c. 13, s. 84

Marginal note:Power to require code of practice

  •  (1) The Chief Safety Officer may, in writing, require an employer to establish, in respect of a workplace under the employer’s control or any work or activity carried out at any of those workplaces, a code of practice in respect of occupational health and safety, or to adopt, in respect of such a workplace, work or activity, a code of practice in respect of occupational health and safety that is specified by the Chief Safety Officer.

  • Marginal note:Revision of code of practice

    (2) The code of practice may be revised by the Chief Safety Officer from time to time, or the Chief Safety Officer may require the employer to revise it from time to time.

  • 2014, c. 13, s. 84

Marginal note:Specific duties of employer  — hazardous materials

 Subject to any exceptions that are prescribed, every employer shall, in respect of each workplace under its control, and in respect of any activity performed by any of its employees at a workplace that is not under its control, to the extent that it controls the activity,

  • (a) ensure that concentrations of hazardous substances at the workplace are controlled in accordance with any standards that are prescribed;

  • (b) ensure that all hazardous substances at the workplace are stored and handled in the manner that is prescribed;

  • (c) ensure that all hazardous substances at the workplace, other than controlled products, are identified in the manner that is prescribed;

  • (d) subject to the Hazardous Materials Information Review Act, ensure that each controlled product at the workplace or each container at the workplace in which a controlled product is contained has applied to it a label that discloses information that is prescribed and has displayed on it, in the manner that is prescribed, all applicable hazard symbols that are prescribed;

  • (e) subject to the Hazardous Materials Information Review Act, make available to every employee at the workplace, in the manner that is prescribed, a material safety data sheet that discloses the following information with respect to each controlled product to which the employee may be exposed, namely,

    • (i) if the controlled product is a pure substance, its chemical identity, and if it is not a pure substance, the chemical identity of any of its ingredients that is a controlled product and the concentration of that ingredient,

    • (ii) if the controlled product contains an ingredient that is included in the Ingredient Disclosure List and the ingredient is in a concentration that is equal to or greater than the concentration specified in that List for that ingredient, the chemical identity and concentration of that ingredient,

    • (iii) the chemical identity of any ingredient of the controlled product that the employer believes on reasonable grounds may be harmful to an employee at the workplace and the concentration of that ingredient,

    • (iv) the chemical identity of any ingredient of the controlled product whose toxicological properties are not known to the employer and the concentration of that ingredient, and

    • (v) any other information that is prescribed with respect to the controlled product;

  • (f) if employees at the workplace may be exposed to hazardous substances, investigate and assess the potential exposure in the manner that is prescribed, with the assistance of the workplace committee or the coordinator, as the case may be; and

  • (g) ensure that all records of exposure to hazardous substances are kept and maintained in the manner that is prescribed and that personal records of exposure are made available to the affected employees.

  • 2014, c. 13, s. 84

Marginal note:Employer to provide information in emergency

  •  (1) Every employer shall, in respect of each workplace under its control, and in respect of an activity performed by any of its employees at a workplace that is not under its control, to the extent that it controls the activity, provide, in respect of any controlled product to which an employee may be exposed, as soon as the circumstances permit, any information referred to in paragraph 210.022(e) that is in the employer’s possession to any physician —  or other medical professional that is prescribed — who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, an employee in an emergency.

  • Marginal note:Confidentiality

    (2) Any physician — or other medical professional that is prescribed — to whom information is provided by an employer under subsection (1) shall keep confidential any information specified by the employer as being confidential, except for the purpose for which it is provided.

  • 2014, c. 13, s. 84

Duties of Supervisors

Marginal note:Duty to take reasonable measures

 Every supervisor shall take all reasonable measures to ensure the health and safety of employees and other individuals that they supervise at a workplace.

  • 2014, c. 13, s. 84

Marginal note:Specific duties

 Every supervisor shall

  • (a) ensure that the employees that they supervise comply with the provisions of this Part and the regulations made under this Part;

  • (b) inform their employer and each of those employees of known or foreseeable health or safety hazards;

  • (c) if required to do so by their employer or the operator, provide those employees with written instructions as to the measures to be taken and the procedures to be followed for the protection of the employees; and

  • (d) report to their employer any failure to comply with the provisions of this Part or of the regulations made under this Part, or with the occupational health and safety requirements of any authorization related to the workplace that is issued to the operator.

  • 2014, c. 13, s. 84

Duties of Employees

Marginal note:Duty to take reasonable measures

 Every employee at a workplace or on a passenger craft shall take all reasonable measures to protect their own health and safety and that of other individuals at the workplace or on the passenger craft.

  • 2014, c. 13, s. 84

Marginal note:Specific duties  — workplace

 Every employee at a workplace shall

  • (a) cooperate with the operator and with all employers and other employees to protect the health and safety of individuals at the workplace;

  • (b) use or wear, in the manner intended, all personal protective equipment that is prescribed or that is required by the operator or their employer to be used or worn;

  • (c) take all reasonable measures to ensure that other employees use or wear, in the manner intended, all personal protective equipment referred to in paragraph (b);

  • (d) consult and cooperate with committees established for the workplace;

  • (e) cooperate with the Board and with persons carrying out duties or functions under this Part;

  • (f) follow all instructions of their employer given for the purposes of ensuring occupational health and safety; and

  • (g) report to their employer any thing or circumstance at the workplace that is likely to be hazardous to the health or safety of the employee or other individuals at the workplace.

  • 2014, c. 13, s. 84

Marginal note:Specific duties  — passenger craft

 Every employee shall

  • (a) while — and immediately before — being transported on a passenger craft, cooperate with the individual providing them with information and instruction on behalf of the operator, with their employer and with any individual who operates or assists in operating the passenger craft, so as to protect the health and safety of individuals on the passenger craft; and

  • (b) while being transported on a passenger craft, use or wear, in the manner intended, all personal protective equipment that is prescribed or that is required by the operator, or by any individual who operates or assists in operating the passenger craft, to be used or worn on the passenger craft.

  • 2014, c. 13, s. 84

Marginal note:Limitation of liability  — employee

 No employee who, at the workplace or while — or immediately before — being transported on a passenger craft, comes to the assistance of another individual or carries out an emergency measure is personally liable for any injury or damage that may result from it, unless the injury or damage is a result of the employee’s gross negligence or wilful misconduct.

  • 2014, c. 13, s. 84

Duties of Suppliers and Providers of Services

Marginal note:Duty of supplier  — reasonable measures

 Every supplier shall, to protect the health and safety of individuals at a workplace or on a passenger craft, take all reasonable measures to ensure that any thing it supplies for use at the workplace or on the passenger craft is in a safe condition.

  • 2014, c. 13, s. 84

Marginal note:Specific duties

 Every supplier shall ensure

  • (a) that any thing it supplies for use at a workplace or on a passenger craft meets the requirements of the regulations made under this Part; and

  • (b) if there is an obligation in an agreement for the supplier to maintain the thing in safe condition, that it complies with that obligation.

  • 2014, c. 13, s. 84

Marginal note:Duty of provider of services  — reasonable measures

 Every provider of services shall take all reasonable measures to ensure that no individual at a workplace or on a passenger craft is endangered as a result of the services that it provides in connection with the workplace or passenger craft.

  • 2014, c. 13, s. 84

Marginal note:Specific duties

 Every provider of services shall

  • (a) when it provides services in connection with a workplace that are related to the placement, with an operator or employer, of individuals who, in return for monetary compensation, perform work or services for the operator or employer at the workplace, ensure that those individuals have the qualifications and certifications — including any that are prescribed — that are necessary for them to perform the work or services in a manner that protects their health and safety and that of employees and other individuals at the workplace;

  • (b) ensure that any information that it provides in connection with the services that it provides is accurate and sufficiently complete so as to enable the operator or employer, as the case may be, to make a competent judgment on the basis of the information; and

  • (c) ensure, to the extent that it is possible to do so, that any operator, employer, employee, supplier or owner, or any other provider of services, will not, as a result of relying in good faith on its advice, or on a certificate, seal or stamp provided by it, be in contravention of the provisions of this Part or of the regulations made under this Part, or of the occupational health and safety requirements of the authorization or those undertaken in the declaration related to the authorization.

  • 2014, c. 13, s. 84

Duties of Owners, Interest Holders and Corporate Officials

Marginal note:Duty of owner  — reasonable measures

 Every owner shall take all reasonable measures to ensure that any workplace in respect of which they are an owner is delivered and maintained so as to ensure the health and safety of individuals at that workplace, including measures to inform the operator of known or foreseeable health or safety hazards that could assist the operator in

  • (a) reducing the risks posed by hazards at the workplace; and

  • (b) assessing whether the provisions of this Part and the regulations made under this Part — and the occupational health and safety requirements of any authorization related to the workplace that is issued to the operator, and the occupational health and safety requirements undertaken in the declaration related to the authorization — are being complied with.

  • 2014, c. 13, s. 84

Marginal note:Duty of interest holder  — reasonable measures

 Every interest holder shall take all reasonable measures to ensure that the operator for a workplace in any portion of the offshore area subject to the interest, or the share of the interest, of that interest holder complies with

  • (a) the provisions of this Part and the regulations made under this Part; and

  • (b) the occupational health and safety requirements of any authorization related to that workplace that is issued to the operator, and the occupational health and safety requirements undertaken in the declaration related to the authorization.

  • 2014, c. 13, s. 84

Marginal note:Duty of directors and officers of operators

  •  (1) Every director and every officer of a corporation that holds an authorization shall take all reasonable measures to ensure that the corporation complies with

    • (a) the provisions of this Part and the regulations made under this Part; and

    • (b) the occupational health and safety requirements of the authorization, and the occupational health and safety requirements undertaken in the declaration related to the authorization.

  • Marginal note:Duty of directors and officers of suppliers and providers of services

    (2) Every director and every officer of a corporation that is a supplier or a provider of services shall take all reasonable measures to ensure that the corporation complies with sections 210.03 to 210.033.

  • Marginal note:Duty of directors and officers of interest holders

    (3) Every director and every officer of a corporation shall, if the corporation has duties under section 210.035, take all reasonable measures to ensure that the corporation complies with that section.

  • 2014, c. 13, s. 84

Communication of Information

Marginal note:Posting of information  — operator

  •  (1) Every operator shall post in printed form, in a prominent place at each of its workplaces,

    • (a) its occupational health and safety policy;

    • (b) contact information to enable the reporting of health or safety concerns to the Board; and

    • (c) the names of the members of any committees established by the operator for that workplace, the members’ contact information and the minutes of the most recent meeting of those committees.

  • Marginal note:Information and documents  — operator

    (2) Every operator shall make the following information and documents readily available at each of its workplaces in a prominent place accessible to every employee at the workplace, in printed or electronic form:

    • (a) a copy of this Part and the regulations made under this Part;

    • (b) a copy of the document describing the operator’s occupational health and safety management system;

    • (c) any code of practice required by the Chief Safety Officer under section 210.016 to be established or adopted by the operator for that workplace;

    • (d) any code of practice required by the Chief Safety Officer under section 210.021 to be established or adopted by any employer at that workplace;

    • (e) information relating to the equipment, methods, measures, standards or other things permitted to be used at the workplace under any permission granted under section 210.07, any conditions placed on the use of that equipment or those methods, measures, standards or other things and the duration of the permission; and

    • (f) information relating to the equipment, methods, measures, standards or other things permitted to be used on a passenger craft, or whose use is permitted in respect of employees or other passengers being transported on a passenger craft, under any permission granted to the operator under section 210.071, any conditions placed on the use of that equipment or those methods, measures, standards or other things and the duration of the permission.

  • Marginal note:Incorporated material  — operator

    (3) Every operator shall, at the request of any employee or employer at any of the operator’s workplaces or by any committee established for any of those workplaces, make readily available for their examination any material incorporated by reference in the regulations made under this Part, in printed or electronic form.

  • Marginal note:Information  — operator

    (4) Every operator shall provide to any committee established for any of its workplaces, or to any employer or employee at any of those workplaces, in printed or electronic form, within seven days after the day on which an occupational health and safety officer requires it, any information that enables employees to become acquainted with their rights and responsibilities under this Part as the officer may require.

  • Marginal note:Obligation to post satisfied

    (5) An obligation imposed on an operator under subsection (1) is satisfied if the operator provides a copy of the information or document to each employee at the workplace.

  • 2014, c. 13, s. 84

Marginal note:Posting of information  — employer

  •  (1) Every employer shall post, in a prominent place at each workplace for which it has established a special committee, in printed form, the names of the members of the special committee, the members’ contact information and the minutes of the most recent meeting of that committee.

  • Marginal note:Program and codes of practice  — employer

    (2) Every employer shall, in respect of a workplace under its control, provide to the operator, and make readily available in a prominent place accessible to its employees at the workplace, in printed or electronic form,

    • (a) a copy of the occupational health and safety program for the workplace; and

    • (b) any code of practice required by the Chief Safety Officer under section 210.021 to be established or adopted by the employer for the workplace.

  • Marginal note:Material and information  — employer

    (3) Every employer shall make available to the Board, if required by an occupational health and safety officer, and to any persons, unions and committees that an occupational health and safety officer may require, in printed or electronic form, within and for the time that the officer requires, any material or information referred to in subsections 210.037(3) and (4).

  • Marginal note:Obligation to post satisfied

    (4) An obligation imposed on an employer under subsection (1) is satisfied if the employer provides a copy of the information or document to each of its employees at the workplace.

  • 2014, c. 13, s. 84

Marginal note:Chief Safety Officer information  — operator

  •  (1) Every operator shall communicate to employees at a workplace and the workplace committee any information that the Chief Safety Officer requires to be communicated to them, within the time and in the manner specified by the Chief Safety Officer.

  • Marginal note:Chief Safety Officer information  — employer

    (2) An employer shall communicate to its employees at a workplace any information that the Chief Safety Officer requires to be communicated to them, within the time and in the manner specified by the Chief Safety Officer.

  • 2014, c. 13, s. 84

Marginal note:Provision of information to committees

  •  (1) Every operator and every employer shall immediately after preparing or being provided with a report respecting anything inspected, tested or monitored under this Part at the operator’s workplace or at a workplace under the employer’s control, as the case may be, including a report under section 210.075, notify all committees established for the workplace of the report and, subject to section 210.041, within seven days after the day on which a request is received from any of those committees, shall provide that committee with a copy of it.

  • Marginal note:Reports available to employees

    (2) Every operator shall make available to any employee at the workplace, and the employer shall make available to any of its employees at the workplace, on request, a copy of any report that has been provided to a committee established for the workplace.

  • 2014, c. 13, s. 84

Marginal note:Editing of report — trade secrets

  •  (1) If a report referred to in subsection 210.04(1) contains a trade secret, the operator or employer, as the case may be, may edit the report to protect the trade secret.

  • Marginal note:Editing of report — medical information

    (2) If a report referred to in subsection 210.04(1) contains information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, the operator or employer, as the case may be, shall edit the report to protect that information before providing it to a committee, unless the individual to whom the information relates consents in writing to the disclosure of the information to the committee.

  • Marginal note:Edited report

    (3) The edited report shall be provided to the committee within 21 days after the day on which the committee’s request is received.

  • 2014, c. 13, s. 84

Marginal note:Response to request for information  — operator

  •  (1) Subject to subsections (3) and (4), every operator who receives from a committee established for any of its workplaces or any employee at any of its workplaces a written request for any information related to occupational health and safety, other than a request for a report referred to in subsection 210.04(1), shall provide a written response to the request within 21 days after the day on which it is received.

  • Marginal note:Response to request for information  — employer

    (2) Subject to subsections (3) and (4), every employer who receives from a special committee it has established or any of its employees a written request for any information related to occupational health and safety, other than a request for a report referred to in subsection 210.04(1), shall provide a written response to the request within 21 days after the day on which it is received.

  • Marginal note:Limitation  — special committees

    (3) If the request is made by a special committee, the operator or employer is required to respond only if the information is necessary for the particular purposes for which the committee was established.

  • Marginal note:Other provisions

    (4) Subsections 210.047(3) to (8) apply to the request with any modifications that the circumstances require.

  • 2014, c. 13, s. 84

Committees and Coordinator

Marginal note:Establishment

  •  (1) Every operator shall establish one workplace committee for each of its workplaces, other than a workplace established for six months or less, for purposes related to occupational health and safety.

  • Marginal note:Exception

    (2) Despite subsection (1), the Chief Safety Officer may authorize an operator to establish a single workplace committee in respect of two or more workplaces if the Chief Safety Officer is satisfied that the circumstances warrant it.

  • Marginal note:Other committees

    (3) An occupational health and safety committee described in subsection 210.045(1) is deemed to be a workplace committee in respect of the workplace referred to in that subsection and to have been established by the operator for that workplace.

  • Marginal note:Duties of workplace committee

    (4) A workplace committee shall

    • (a) receive, consider, investigate if necessary and promptly dispose of matters and complaints related to occupational health and safety;

    • (b) participate in inspections referred to in paragraphs 210.013(q) and 210.019(1)(p), in the investigation of any matter under paragraph 210.022(f) and in the activities of any health and safety officers that pertain to a matter under section 210.049 or subsection 210.05(8) or 210.054(8), and, at the discretion of a health and safety officer, participate in the officer’s activities that pertain to occupational diseases and to accidents, incidents and other hazardous occurrences;

    • (c) maintain records in a form and manner approved by the Chief Safety Officer, and provide a copy of those records, on request, to a health and safety officer, or to any person within a class of persons that is prescribed;

    • (d) keep minutes of committee meetings in a form and manner approved by the Chief Safety Officer and provide a copy of those minutes, on request, to a health and safety officer, or to any person within a class of persons that is prescribed; and

    • (e) perform any other duties that are assigned to it by the Chief Safety Officer or that are assigned to it under an agreement between the operator and any employers and employees — or the union representing them — at the workplace.

  • Marginal note:Functions of workplace committee

    (5) A workplace committee may

    • (a) seek to identify those things and circumstances at the workplace that are likely to be hazardous to the health or safety of employees, and advise on effective procedures to eliminate the hazards, to reduce the risks posed by the hazards and to protect against the hazards;

    • (b) advise the operator and the employers at the workplace on the occupational health and safety policy, the occupational health and safety management system and the occupational health and safety programs — and any procedures — required under this Part;

    • (c) advise on the provision of personal protective equipment suited to the needs of the employees;

    • (d) make recommendations, for the improvement of occupational health and safety, to the operator and the employers and employees at the workplace and to any supplier, owner or provider of services that carries out duties or functions under this Part; and

    • (e) participate in the activities described in subsection 210.08(1).

  • Marginal note:Limitation of liability

    (6) An individual who serves as a member of a workplace committee is not personally liable for anything done or omitted to be done by them in good faith while carrying out their duties or functions.

  • 2014, c. 13, s. 84

Marginal note:Number of members

  •  (1) A workplace committee consists of any number of individuals that may be agreed to by the operator and the employees at the workplace or the unions representing them.

  • Marginal note:Selection of members

    (2) The operator shall select no more than half of the members of a workplace committee from among employees at the workplace, at least one of whom shall be a representative of the operator. The other members, who represent the employees, shall be selected by the employees, or the unions representing them, from among employees at the workplace who do not exercise managerial functions.

  • Marginal note:Meetings

    (3) A workplace committee shall meet at least once every month, or more frequently if the Chief Safety Officer requires it.

  • Marginal note:Time off work

    (4) An employee who is a member of a workplace committee is entitled to any time off from work that is necessary to enable them to fulfil their duties and functions as a member of the committee, including time off to take training. That time off is considered to be work time for which the employee shall be paid the same wages and granted the same benefits that the employee would have received had they worked for that time.

  • Marginal note:Rules of procedure

    (5) A workplace committee may establish its own rules of procedure, but in establishing those rules it shall comply with any requirements that are prescribed.

  • Marginal note:Co-chairpersons

    (6) A workplace committee is to be co-chaired by two of its members, one chosen by members that have been selected by employees, or unions representing them, and the other chosen by members that have been selected by the operator.

  • Marginal note:Resolution of disagreements

    (7) If there is disagreement as to the size of a workplace committee, the selection of members or any other matter that prevents or impairs the proper functioning of the committee, the Chief Safety Officer shall determine the matter and provide those concerned with a written determination. A determination by the Chief Safety Officer is final and binding and not subject to review or appeal.

  • 2014, c. 13, s. 84

Marginal note:Occupational health and safety coordinator

  •  (1) If an operator establishes a workplace for six months or less, the operator shall — unless there is already an occupational health and safety committee for the workplace that meets the requirements of subsections 210.044(1), (2) and (6) — designate an employee at that workplace who has been approved by the Chief Safety Officer to act as an occupational health and safety coordinator in respect of that workplace.

  • Marginal note:Duties of coordinator

    (2) The coordinator shall

    • (a) receive, consider, investigate if necessary, and promptly dispose of matters and complaints related to occupational health and safety;

    • (b) assist their employer in carrying out the employer’s duties under paragraph 210.022(f);

    • (c) maintain records in a form and manner approved by the Chief Safety Officer, and provide a copy of those records, on request, to a health and safety officer, or to any person within a class of persons that is prescribed; and

    • (d) perform any other duties that are assigned to them by the Chief Safety Officer.

  • Marginal note:Recommendations

    (3) The coordinator may make recommendations, for the improvement of occupational health and safety, to the operator and the employers and employees at the workplace and to any supplier, owner or provider of services that has duties or functions under this Part.

  • Marginal note:Duties of operator

    (4) The operator shall

    • (a) ensure that the coordinator is informed of their responsibilities as coordinator under this section;

    • (b) ensure that the coordinator is provided with the training in health and safety — including any that is prescribed — necessary to enable them to fulfil their duties and functions as coordinator; and

    • (c) make readily available to employees at the workplace, in printed form, the name of the coordinator and the coordinator’s contact information.

  • Marginal note:Duties of operator and employer

    (5) The operator and the employers at the workplace shall cooperate with the coordinator and facilitate communications between the coordinator and the employees at the workplace.

  • Marginal note:Limitation of liability

    (6) An individual who serves as a coordinator is not personally liable for anything done or omitted to be done by them in good faith while carrying out their duties or functions.

  • Marginal note:Time off work

    (7) An employee who is a coordinator is entitled to any time off from work that is necessary to enable them to fulfil their duties and functions as a coordinator, including time off to take training. That time off is considered to be work time for which the employee shall be paid the same wages and granted the same benefits that the employee would have received had they worked for that time.

  • 2014, c. 13, s. 84

Marginal note:Order to establish special committee  — operator

  •  (1) The Chief Safety Officer may, after consultation with an operator, order the operator to establish a special committee for any of its workplaces for particular purposes related to occupational health and safety.

  • Marginal note:Order to establish special committee  — employer

    (2) The Chief Safety Officer may, after consultation with an employer having control over a workplace, the operator, and the employer’s employees at the workplace or the union representing them, order the employer to establish a special committee for that workplace for particular purposes related to occupational health and safety.

  • Marginal note:Mandate, duties and functions

    (3) The order shall set out the mandate, duties and functions of the special committee and the responsibilities of the operator or employer, as the case may be.

  • Marginal note:Time limit

    (4) The operator or employer, as the case may be, shall establish the special committee within 15 days after the day on which it receives the order.

  • Marginal note:Provisions applicable

    (5) Paragraphs 210.043(5)(b) and (d) and subsections 210.043(6) and 210.044(1) to (7) apply, with any modifications that the circumstances require, in respect of a special committee.

  • 2014, c. 13, s. 84

Marginal note:Response to recommendations

  •  (1) Subject to subsections (4), (6) and (7), an operator or employer who receives recommendations from a committee established for any of the operator’s workplaces or for a workplace under the employer’s control, as the case may be, together with a written request to respond to the recommendations, shall provide a written response within 21 days after the day on which it receives the request.

  • Marginal note:Nature of response

    (2) The response shall indicate the recommendations being accepted as well as the action, if any, that will be taken and the date by which it will be taken, and the recommendations being rejected, together with the reasons for the rejection.

  • Marginal note:Response delayed  — explanation

    (3) If it is not possible to provide a response within 21 days, the operator or employer, as the case may be, shall within that period provide the committee with a written explanation for the delay and propose a date on which the response will be provided.

  • Marginal note:Revised date for response

    (4) Unless the committee notifies the operator or employer, as the case may be, that it is not satisfied that the explanation provided or the proposed date is reasonable, the operator or employer shall provide the response by that date.

  • Marginal note:Report of delay

    (5) If the committee is not satisfied that the explanation provided or the proposed date indicated is reasonable, the committee shall promptly report the matter to an occupational health and safety officer.

  • Marginal note:Confirmation of date

    (6) If the occupational health and safety officer is satisfied that the explanation provided and the proposed date are reasonable, the officer shall notify the committee, and the operator or employer, as the case may be, that the operator or employer is to provide the response by the date indicated. The operator or employer, as the case may be, shall provide the response by that date.

  • Marginal note:Fixing new date

    (7) If the occupational health and safety officer is not satisfied that the explanation provided or the proposed date is reasonable, the officer shall determine the date on which the response is to be provided and notify the committee, and the operator or employer, as the case may be, of that date. The operator or employer, as the case may be, shall provide the response by that date.

  • Marginal note:Report regarding response

    (8) If the committee has not been provided with a response to its recommendations within the period required or if it considers that the response is not satisfactory, it shall inform an occupational health and safety officer of the matter.

  • 2014, c. 13, s. 84

Workplace Monitoring

Marginal note:Observers

  •  (1) A workplace committee may choose an employee at the workplace to observe

    • (a) the set-up of, or any change to, systems for monitoring conditions at the workplace that affect the health or safety of employees, including systems for taking samples and measurements; and

    • (b) the subsequent monitoring of the conditions referred to in paragraph (a), including the taking of samples and measurements.

  • Marginal note:Observers

    (2) Every employer who conducts an activity described in paragraph (1)(a) or (b) at the workplace, and the operator if the operator conducts such an activity, shall permit the observer to observe the activity.

  • Marginal note:Exception

    (3) Subsection (2) does not apply in an emergency situation, or in respect of monitoring referred to in paragraph (1)(b) that is carried out continuously or on a regular and frequent basis.

  • Marginal note:Notice and access

    (4) When an operator or an employer monitors health and safety conditions at a workplace, the following requirements apply:

    • (a) if an employer is carrying out the monitoring, the employer shall give reasonable notice to the operator to enable the operator to comply with paragraph (b);

    • (b) if an operator is carrying out the monitoring or is notified under paragraph (a), the operator shall give reasonable notice of the commencement of monitoring to all employers at the workplace;

    • (c) the operator or the employer carrying out the monitoring shall give reasonable notice of the commencement of monitoring to the observer, and shall provide the observer with access to the workplace for the purpose of observing the monitoring; and

    • (d) the operator or employer carrying out the monitoring shall, at the request of the observer, explain the monitoring process to the observer.

  • Marginal note:Monitoring by health and safety officers

    (5) Monitoring may be carried out on the order of a health and safety officer under section 210.074 even if the notices referred to in paragraphs (4)(a) to (c) have not been given.

  • Marginal note:Compensation of employees

    (6) An employee acting as an observer shall be paid the same wages and granted the same benefits that the employee would have received had they been working.

  • 2014, c. 13, s. 84

Reporting of Occupational Health and Safety Concerns

Marginal note:Duty to report

  •  (1) An employee who has reasonable cause to believe that a provision of this Part or of the regulations made under this Part has been contravened or that there is likely to be an accident or injury arising out of, linked to or occurring in the course of employment shall report their concern to their supervisor.

  • Marginal note:Resolve concern

    (2) The employee and the supervisor shall try to resolve the employee’s concern between themselves as soon as possible.

  • Marginal note:Notice to employer, etc.

    (3) If the employee’s concern is not resolved, they may notify their employer, and when so notified the employer shall in turn notify the workplace committee or the coordinator, as the case may be, and the operator.

  • Marginal note:Notice to health and safety officer

    (4) If the employee’s concern is not resolved after they notify their employer, the employee may notify a health and safety officer.

  • 2014, c. 13, s. 84

Right to Refuse

Marginal note:Refusal to perform activity

  •  (1) Subject to subsection (2), an employee may refuse to perform an activity at a workplace if they have reasonable cause to believe that the performance of the activity constitutes a danger to themselves or another individual.

  • Marginal note:Circumstances when refusal not permitted

    (2) An employee is not permitted to refuse to perform an activity if the refusal puts the life, health or safety of another individual directly in danger.

  • Marginal note:Report to supervisor

    (3) An employee who refuses to perform an activity shall immediately report the circumstances of the matter to their supervisor.

  • Marginal note:Action by supervisor

    (4) The supervisor shall immediately take action to try to resolve the matter. If the supervisor believes that a danger exists, they shall immediately take any action that is necessary to protect any individual from the danger and to inform the workplace committee or the coordinator, as the case may be, the operator and the employee’s employer of the matter. If the supervisor does not believe that a danger exists, they shall so notify the employee.

  • Marginal note:Report to employer, etc.

    (5) If the employee continues to refuse to perform the activity, they shall immediately notify their employer and the workplace committee or the coordinator, as the case may be, and the employer shall in turn notify the operator and any provider of services that is providing services related to the placement of that employee.

  • Marginal note:Report to occupational health and safety officer

    (6) Immediately after being notified under subsection (5), the operator shall notify an occupational health and safety officer of the continued refusal of the employee to perform the activity and of any remedial action taken.

  • Marginal note:Recommendations of committee or coordinator

    (7) The workplace committee or the coordinator, as the case may be, may make any recommendations that they consider appropriate to the employee, the employee’s employer, the operator and any provider of services that is providing services related to the placement of that employee.

  • Marginal note:Enquiry and decision

    (8) The occupational health and safety officer shall, if the employee continues to refuse to perform the activity, enquire into the matter, taking into account the recommendations, if any, made by the workplace committee or the coordinator. The officer shall give to the employee, the employee’s employer, the operator and any provider of services that is providing services related to the placement of that employee, and to the workplace committee or the coordinator, as the case may be, a written notification of their decision on the matter.

  • Marginal note:Dangerous situation  — order

    (9) If the occupational health and safety officer decides that the performance of the activity constitutes a danger to the employee or another individual, the officer shall make any order under subsection 210.094(1) or (2) that the officer considers appropriate, and the employee may continue to refuse to perform the activity until the order is complied with or until it is varied or revoked under this Part.

  • Marginal note:No right to refuse

    (10) If the occupational health and safety officer decides that the performance of the activity does not constitute a danger to the employee or another individual, or that the refusal puts the life, health or safety of another individual directly in danger, the employee is not entitled under this section to continue to refuse to perform the activity.

  • 2014, c. 13, s. 84

Marginal note:Opportunity to explain reasons for refusal

  •  (1) An employee who refuses under section 210.05 to perform an activity may accompany an occupational health and safety officer when the officer is enquiring into the matter under subsection 210.05(8), for the purpose of explaining the reasons for the employee’s refusal.

  • Marginal note:Compensation of employee

    (2) An employee who, under subsection (1), accompanies an occupational health and safety officer shall, during that time, be paid the same wages and granted the same benefits that the employee would have received if they had not exercised their right to refuse.

  • 2014, c. 13, s. 84

Marginal note:Assignment of equivalent work

  •  (1) Subject to any applicable collective agreement or other agreement, if an employee refuses under section 210.05 to perform an activity, the employer may assign reasonably equivalent work to the employee until the employee, by virtue of subsection 210.05(9) or (10), is no longer permitted to refuse to perform the activity.

  • Marginal note:Compensation during assignment

    (2) If the employee is assigned reasonably equivalent work, the employer, or the provider of services that is providing services related to the placement of the employee, as the case may be, shall pay them the same wages and grant them the same benefits that they would have received had they not refused to perform the activity.

  • Marginal note:Compensation if no assignment

    (3) If the employee is not assigned reasonably equivalent work, the employer, or the provider of services that is providing services related to the placement of the employee, as the case may be, shall, until the employee, by virtue of subsection 210.05(9) or (10), is no longer permitted to refuse to perform the activity, pay the employee the same wages and grant the employee the same benefits that they would have received had they not refused to perform the activity.

  • Marginal note:No compensation if refusal of equivalent work

    (4) Subject to any applicable collective agreement or other agreement, if the employee refuses an assignment of reasonably equivalent work, they are not entitled to receive any wages or benefits.

  • Marginal note:Other employees

    (5) For as long as the employee continues to exercise their right to refuse to perform an activity, another employee shall not be assigned to perform the activity unless the employer has advised that other employee of the refusal, the reasons for the refusal and the right of that other employee to refuse to perform the activity.

  • Marginal note:Repayment

    (6) Subject to any applicable collective agreement or other agreement, the employer, or the provider of services that is providing services related to the placement of the employee, as the case may be, may require repayment of any wages and benefits received by an employee under subsection (3) if an occupational health and safety officer determines in respect of an application made under section 210.064, after all avenues of redress have been exhausted by the employee, that the employee received the wages and benefits knowing that no circumstances existed that would warrant the refusal.

  • 2014, c. 13, s. 84

Marginal note:Compensation for other employees

  •  (1) Subject to any applicable collective agreement or other agreement, an employee at a workplace who is affected by a work stoppage arising from a refusal by another employee to perform an activity shall be paid the same wages and granted the same benefits that they would have received had no work stoppage occurred, until work resumes or until they return to their usual point of disembarkation on shore, whichever event occurs first.

  • Marginal note:Equivalent work

    (2) Subject to any applicable collective agreement or other agreement, an employer may assign reasonably equivalent work to an employee who is affected by a work stoppage at the same wages and benefits that the employee would have received if no work stoppage had occurred.

  • 2014, c. 13, s. 84

Marginal note:Refusal to be transported

  •  (1) An employee may refuse to be transported on a passenger craft if they have reasonable cause to believe that being transported on it constitutes a danger to them.

  • Marginal note:Report to operator

    (2) An employee who refuses to be transported on a passenger craft shall use the contact information provided under paragraph 210.014(1)(b) to immediately report the circumstances of the matter.

  • Marginal note:Notice to Chief Safety Officer or delegate

    (3) On being notified of a refusal under subsection (2), the operator shall immediately notify the Chief Safety Officer unless the Chief Safety Officer has provided other contact information for the purposes of this subsection, in which case the operator shall use that contact information to make the notification.

  • Marginal note:Notice to passengers

    (4) For as long as the employee continues to exercise their right to refuse to be transported on the passenger craft, or for any longer period specified by the Chief Safety Officer, the operator shall notify all other employees and other passengers to be transported on the passenger craft, before they are transported, of the refusal, the reasons for the refusal and the right of employees to refuse to be transported.

  • Marginal note:Action by operator

    (5) The operator shall immediately take action to try to resolve the matter. If the operator believes that the transportation constitutes a danger to the employee, it shall immediately take any remedial action that is necessary and inform the workplace committee established for the workplace to or from which the employee was to be transported, and an occupational health and safety officer, of the matter. If the operator does not believe that the transportation constitutes a danger to the employee, it shall so notify the employee.

  • Marginal note:Report to workplace committee, etc.

    (6) If the employee continues to refuse to be transported, the operator shall immediately notify the workplace committee, the employee’s employer and an occupational health and safety officer of the continued refusal of the employee to be transported and of any remedial action taken. The employer shall in turn notify any provider of services that is providing services related to the placement of that employee.

  • Marginal note:Recommendations of committee

    (7) The workplace committee may make any recommendations to the employee and the operator that it considers appropriate.

  • Marginal note:Enquiry and decision

    (8) The occupational health and safety officer shall, if the employee continues to refuse to be transported, enquire into the matter, taking into account any recommendations made by the workplace committee. The occupational health and safety officer shall decide whether the transportation constitutes a danger to the employee, and shall give to the employee, the employee’s employer, the operator and the workplace committee a written notification of the decision. The employer shall in turn notify any provider of services that is providing services related to the placement of that employee.

  • Marginal note:Dangerous situation  — order

    (9) If the occupational health and safety officer decides that the transportation constitutes a danger to the employee, the officer shall make any order under subsection 210.094(1) or (2) that they consider appropriate, and an employee may continue to refuse to be transported until the order is complied with or until it is varied or revoked under this Part.

  • Marginal note:No right to refuse

    (10) If the occupational health and safety officer decides that the transportation does not constitute a danger to the employee, the employee is not entitled to continue to refuse to be transported.

  • 2014, c. 13, s. 84

Marginal note:Assignment of equivalent work

  •  (1) Subject to any applicable collective agreement or other agreement, if an employee refuses under section 210.054 to be transported, the employer may assign reasonably equivalent work to the employee until the employee, by virtue of subsection 210.054(9) or (10), is no longer permitted to refuse to be transported.

  • Marginal note:Compensation during assignment

    (2) If an employee is assigned reasonably equivalent work, the employer or the provider of services that is providing services related to the placement of the employee, as the case may be, shall pay the employee the same wages and grant the employee the same benefits that they would have received had they not refused to be transported.

  • Marginal note:Compensation if no assignment

    (3) If an employee has not been assigned reasonably equivalent work, the employer or the provider of services that is providing services related to the placement of the employee, as the case may be, shall, until the employee, by virtue of subsection 210.054(9) or (10), is no longer permitted to refuse to be transported, pay the employee the same wages and grant the employee the same benefits that they would have received had they not refused to be transported.

  • Marginal note:No compensation if refusal of equivalent work

    (4) Subject to any applicable collective agreement or other agreement, if an employee refuses an assignment of reasonably equivalent work, the employee is not entitled to receive any wages or benefits.

  • Marginal note:Repayment

    (5) Subject to any applicable collective agreement or other agreement, the employer, or the provider of services that is providing services related to the placement of the employee, as the case may be, may require repayment of any wages and benefits received by an employee under subsection (3) if an occupational health and safety officer determines in respect of an application made under section 210.064, after all avenues of redress have been exhausted by the employee, that the employee received the wages and benefits knowing that no circumstances existed that would warrant the refusal.

  • 2014, c. 13, s. 84

Pregnant or Nursing Employees

Marginal note:Cessation of functions

  •  (1) Without prejudice to the rights conferred by section 210.05 and subject to this section, an employee who is pregnant or nursing may cease to perform her job if she believes that, by reason of the pregnancy or nursing, continuing any of the functions connected with her regular work may pose a risk to her health or to that of her foetus or child.

  • Marginal note:Notification

    (2) On being informed of the cessation, the employer, with the written consent of the employee, shall notify the workplace committee established for the employee’s workplace or the coordinator, as the case may be.

  • Marginal note:Medical certificate

    (3) The employee shall provide to her employer, and any provider of services that is providing services related to her placement, as soon as possible, a certificate of a medical practitioner of her choice who is entitled to practise medicine under the laws of a province

    • (a) certifying that continuing any of the functions connected with her regular work poses a risk to her health or to that of her foetus or child and indicating the expected duration of the risk and the activities or conditions to avoid in order to eliminate the risk; or

    • (b) certifying that continuing the functions connected with her regular work does not pose a risk to her health or to that of her foetus or child.

  • Marginal note:Provision no longer applicable

    (4) Without prejudice to any other right conferred by this Part, by a collective agreement, by another agreement or by any terms and conditions of employment, once the medical practitioner has established that there is a risk as described in subsection (1), the employee is no longer permitted to cease to perform her job under that subsection.

  • Marginal note:Employer may reassign

    (5) For the period during which the employee does not perform her job under subsection (1), the employer may, in consultation with the employee, reassign her to another job that would not pose a risk to her health or to that of her foetus or child.

  • Marginal note:Status of employee

    (6) Whether or not the employee has been reassigned to another job, she is deemed to continue to hold the job that she held at the time she ceased to perform her job and is to continue to receive the wages and benefits that are attached to that job for the period during which she does not perform the job.

  • 2014, c. 13, s. 84

Marginal note:Reassignment and job modification

  •  (1) An employee who is pregnant or nursing may, during the period from the beginning of the pregnancy to the end of the twenty-fourth week following the birth, request that the employer modify the functions connected with her regular work or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of those functions may pose a risk to her health or to that of her foetus or child.

  • Marginal note:Medical certificate

    (2) The employee’s request shall be accompanied by a certificate described in paragraph 210.056(3)(a).

  • 2014, c. 13, s. 84

Marginal note:Employer’s obligations

  •  (1) An employer to whom a request has been made under subsection 210.057(1) shall examine the request in consultation with the employee and, if feasible, shall modify the functions connected with her regular work or shall reassign her. The employer shall notify any provider of services that is providing services related to the placement of that employee that the request has been made.

  • Marginal note:Rights of employee

    (2) An employee who has made a request under subsection 210.057(1) is entitled to continue in her current job while the employer examines her request, but, if the risk posed by continuing any of the functions connected with her regular work so requires, she is entitled to and shall be granted a leave of absence with the same wages and benefits — payable by the employer or any provider of services that is providing services related to the placement of that employee, as the case may be — that she would have received had she not been on leave of absence until the employer

    • (a) modifies the functions connected with her regular work or reassigns her; or

    • (b) informs her in writing that it is not feasible to modify the functions connected with her regular work or to reassign her.

  • Marginal note:Onus of proof

    (3) The onus is on the employer to show that a modification of the functions connected with the employee’s regular work or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not feasible.

  • Marginal note:Employee to be informed

    (4) If the employer concludes that a modification of the functions connected with the employee’s regular work or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not feasible, the employer shall so inform her in writing.

  • Marginal note:Status of employee

    (5) If the functions connected with the employee’s regular work are modified or the employee is reassigned, the employee is deemed to continue to hold the job that she held at the time of making the request under subsection 210.057(1), and shall continue to receive the wages and benefits that are attached to that job.

  • Marginal note:Employee’s right to leave

    (6) An employee referred to in subsection (4) is entitled to and shall be granted a leave of absence for the duration of the risk as indicated in the medical certificate.

  • 2014, c. 13, s. 84

Reprisals and Complaints

Definition of reprisal action

  •  (1) In this section and in sections 210.06 and 210.063, reprisal action means an action that

    • (a) adversely affects an employee with respect to their terms or conditions of employment or any opportunity for employment or promotion, including dismissal, lay-off, suspension, demotion, transfer of job or location, discontinuation or elimination of the job, change in hours of work, reduction in wages or benefits, coercion, intimidation or the imposition of any disciplinary sanction, reprimand or other penalty; and

    • (b) is taken, in whole or in part, because the employee has acted in accordance with the provisions of this Part or of the regulations made under this Part or with a decision or order made under any of those provisions or has taken steps to ensure that those provisions are complied with.

  • Marginal note:Prohibition

    (2) No operator, employer, provider of services or union shall take, or threaten to take, reprisal action against an employee.

  • Marginal note:No action against employee

    (3) Without limiting the generality of subsection (2), actions referred to in paragraph (1)(a) cannot be taken against an employee for

    • (a) seeking to establish a committee, participating in the establishment or work of a committee or acting as a member of a committee or as a coordinator;

    • (b) acting as an observer under section 210.048;

    • (c) making a report under section 210.049;

    • (d) refusing to perform an activity under section 210.05, refusing to be transported under section 210.054 or ceasing to perform a job under section 210.056;

    • (e) requesting the employer under section 210.057 to modify the functions connected with the employee’s regular work or to reassign the employee;

    • (f) seeking access to information to which the employee is entitled under this Part;

    • (g) testifying in any proceeding or inquiry under this Part; or

    • (h) giving information in accordance with the provisions of this Part or of the regulations made under this Part or with a decision or order made under any of those provisions to a committee, a coordinator, a health and safety officer or any other person having duties or functions under this Part, or under Part III as it relates to safety.

  • Marginal note:Disciplinary action

    (4) Despite paragraph (3)(d), any action referred to in paragraph (1)(a) may be taken against an employee who has exercised rights under section 210.05 or 210.054 after all avenues of redress have been exhausted by the employee, if the operator, employer, provider of services or union taking the action can demonstrate that the employee has wilfully abused those rights.

  • Marginal note:Reasons

    (5) The operator, employer, provider of services or union shall provide the employee with written reasons for any action taken under subsection (4) within 15 days after the day on which a request is received from the employee to do so.

  • 2014, c. 13, s. 84

Marginal note:Complaints

  •  (1) An employee may, either personally or through a representative, make a complaint in writing to an occupational health and safety officer that

    • (a) an employer or provider of services has failed to pay wages or grant benefits to the employee that are required under subsection 210.019(2), 210.044(4), 210.045(7), 210.048(6), 210.051(2), 210.052(2) or (3), 210.053(1) or (2), 210.055(2) or (3), 210.056(6) or 210.058(2) or (5); or

    • (b) an operator, employer, provider of services or union has taken or threatened to take reprisal action against the employee contrary to subsection 210.059(2).

  • Marginal note:Time limit

    (2) The complaint shall be made within 90 days after the day on which the grounds for the complaint became known or ought to have become known to the employee.

  • Marginal note:Burden of proof

    (3) On an enquiry into a complaint under paragraph (1)(b), the burden of proving that no reprisal action has been taken or threatened is on the operator, employer, provider of services or union against whom the complaint is made.

  • Marginal note:Grievance under collective agreement

    (4) An employee who is aggrieved by a subject-matter described in paragraph (1)(a) or (b) should, if the employee is bound by a collective agreement that provides for final and binding arbitration of grievances in respect of the subject-matter, present a grievance under the agreement.

  • Marginal note:Exercise of rights

    (5) An employee who exercises their right within the time permitted under the collective agreement is not permitted to make a complaint under subsection (1) in respect of the same subject-matter unless it is determined that the arbitrator does not have jurisdiction to hear the grievance. In that case, the employee may, within 90 days after the day on which a final determination is made that the arbitrator does not have jurisdiction, make an application under that subsection.

  • 2014, c. 13, s. 84

Marginal note:Enquiry into complaint

  •  (1) If a complaint is made to an occupational health and safety officer, the officer shall enquire into it and decide if it is justified.

  • Marginal note:Enquiry on own initiative

    (2) An occupational health and safety officer may carry out an enquiry on their own initiative if the officer is of the opinion, based on information that the officer considers to be reliable, that grounds for a complaint under section 210.06 exist.

  • 2014, c. 13, s. 84

Marginal note:Notice of decision

 If, after carrying out their enquiry, the occupational health and safety officer decides that a complaint is not justified or that no grounds for a complaint exist, they shall immediately give notice of the decision to the operator and the complainant, as well as to the employer, provider of services or union that is the subject of the complaint.

  • 2014, c. 13, s. 84

Marginal note:Order to pay wages or grant benefits

  •  (1) If the occupational health and safety officer decides that an employer or a provider of services that is providing services related to the placement of an employee has failed to pay wages or grant benefits to the employee that are required under this Part, they may order the employer or provider of services, as the case may be, subject to any terms and conditions that they consider appropriate,

    • (a) to pay those wages or grant those benefits; and

    • (b) to take any other measure necessary to remedy the matter.

  • Marginal note:Order in case of reprisal action

    (2) If the occupational health and safety officer decides that an operator, employer, provider of services or union has taken reprisal action contrary to subsection 210.059(2), they may, subject to any terms and conditions that they consider appropriate, order

    • (a) the reinstatement of an employee on the same terms and conditions under which the employee was employed immediately before the reprisal action;

    • (b) the payment or the granting to an employee, by the employer or provider of services of any wages or benefits that the employee would have been entitled to but for the reprisal action;

    • (c) the removal of any reprimand or other references to the matter from the records of any operator, employer or provider of services;

    • (d) the reinstatement of an employee to a union if the employee has been expelled by the union; and

    • (e) the taking by the operator, employer, provider of services or union of any other measure necessary to remedy the matter.

  • Marginal note:Order in case of threat of reprisal action

    (3) If the occupational health and safety officer decides that an operator, employer, provider of services or union has threatened to take reprisal action contrary to subsection 210.059(2), they shall order it not to take that action.

  • Marginal note:Order to specify breach

    (4) An order made under this section shall specify the provisions of this Part or of the regulations made under this Part that have not been complied with or the nature of any reprisal action taken or threatened to be taken contrary to subsection 210.059(2), as the case may be.

  • 2014, c. 13, s. 84

Marginal note:Application by employer or provider of services

  •  (1) An employer or a provider of services may apply in writing to an occupational health and safety officer for a determination as to whether

    • (a) an employee has received wages and benefits under subsection 210.052(3) knowing that no circumstances existed that would warrant the employee’s refusal, under section 210.05, to perform an activity; or

    • (b) an employee has received wages and benefits under subsection 210.055(3) knowing that no circumstances existed that would warrant the employee’s refusal, under section 210.054 to be transported.

  • Marginal note:Time limit

    (2) The application shall be made within 30 days after all avenues of redress have been exhausted by the employee.

  • Marginal note:Burden of proof

    (3) The burden of proving that no circumstances existed that would warrant the refusal by the employee is on the employer or the provider of services.

  • 2014, c. 13, s. 84

Marginal note:Notice of decision

 If an occupational health and safety officer dismisses an application made under subsection 210.064(1), the officer shall immediately give notice of the decision to the applicant, the Chief Safety Officer and the operator, as well as to the employee who is the subject of the application.

  • 2014, c. 13, s. 84

Marginal note:Notice of decision

 If an occupational health and safety officer determines that an employee has received wages and benefits under subsection 210.052(3) or 210.055(3) knowing that no circumstances existed that would warrant the refusal by the employee under section 210.05 to perform an activity, or the refusal by the employee under section 210.054 to be transported, as the case may be, the officer shall immediately give notice of the decision to the applicant, the Chief Safety Officer and the operator, as well as to the employee who is the subject of the application.

  • 2014, c. 13, s. 84

Activities of Board

Marginal note:Research, studies and programs

  •  (1) The Board may, for the purposes of this Part,

    • (a) undertake research into the causes of and the means of preventing or reducing occupational injury and illness;

    • (b) cause studies to be made into occupational health and safety;

    • (c) publish the results of the research or studies;

    • (d) compile, prepare and disseminate information related to occupational health and safety obtained from the research and studies;

    • (e) implement programs to prevent or reduce occupational injury and illness; and

    • (f) implement — in accordance with the regulations, if any — programs for medical monitoring and examination related to occupational health and safety, request any employer to do so or appoint any medical practitioner qualified in occupational medicine to do so.

  • Marginal note:Consent for medical monitoring or examination

    (2) For the purposes of paragraph (1)(f), medical monitoring or examination of an employee may be conducted only with the employee’s written consent.

  • Marginal note:Cooperation with governments, etc.

    (3) The Board may carry out the activities described in paragraphs (1)(a), (e) and (f) in conjunction with any department or agency of the Government of Canada, the government of any province or a foreign government, or with any other organization that carries out similar activities.

  • 2014, c. 13, s. 84

Marginal note:Guidelines and interpretation notes

  •  (1) The Board may issue and publish, in any manner that it considers appropriate, guidelines and interpretation notes with respect to the application and administration of this Part.

  • Marginal note:Not statutory instruments

    (2) The guidelines and interpretation notes are not statutory instruments for the purposes of the Statutory Instruments Act.

  • 2014, c. 13, s. 84

Authorization

Marginal note:Recommendation of Chief Safety Officer

  •  (1) On receipt under subsection 142(3.1) 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 Board on the matters considered.

  • Marginal note:Board to take recommendation into account

    (2) In deciding whether to issue or amend an authorization, the Board shall take into account the recommendation of the Chief Safety Officer.

  • Marginal note:Authorization  — occupational health and safety

    (3) In addition to any requirement or approval determined by the Board under Part III to which an authorization is subject, the authorization is also subject to any requirements and approvals, not inconsistent with the provisions of this Act or the regulations, that the Board determines relate to occupational health and safety.

  • 2014, c. 13, s. 84

Substitutions

Marginal note:Powers of Chief Safety Officer  — workplace

  •  (1) The Chief Safety Officer may, on application, permit the use at a workplace, for a specified time and subject to specified conditions, of specified equipment, methods, measures, standards or other things, in lieu of any required by regulations made under this Part, if he or she is satisfied that protection of the health and safety of employees at the workplace would not be diminished and the granting of the permission is not otherwise prohibited by regulation.

  • Marginal note:No contravention

    (2) The regulations are not considered to be contravened if there is compliance with a permission under subsection (1).

  • Marginal note:Application

    (3) The application shall

    • (a) be in a form acceptable to the Chief Safety Officer;

    • (b) include information with respect to the consequences to health and safety that might reasonably be anticipated if the permission is granted; and

    • (c) be accompanied by technical information sufficient to enable the Chief Safety Officer to make a decision on the application.

  • Marginal note:Public notice

    (4) On receipt of the application, the Chief Safety Officer shall make it available to the public in a manner that he or she considers advisable, together with a notice that submissions may be made to him or her for a period of 30 days — or any shorter period fixed by him or her with the agreement of the applicable workplace committee — after the day on which the application has been made available.

  • Marginal note:Notice at workplace

    (5) If the application is made in respect of an existing workplace, the applicant shall give a copy of the application to the operator. An operator shall, immediately after it receives or makes an application relating to an existing workplace

    • (a) post a copy of it in printed form in a prominent place at the workplace; and

    • (b) provide a copy to any committee established for that workplace and to any union representing employees within the offshore area.

  • Marginal note:Decision

    (6) The Chief Safety Officer shall, as soon as possible after the end of the period referred to in subsection (4), inform, in a manner that he or she considers advisable, the applicant, the operator and the public of the decision made on the application.

  • Marginal note:Reconsideration of decision

    (7) The Chief Safety Officer may, on his or her own initiative or on application by the applicant for the permission under subsection (1), reconsider, confirm, vary, revoke or suspend a decision made on the application at any time if information is made available that, had it been known when the decision was made, would reasonably be expected to have resulted in a different decision from the one made at that time. In that case, subsections (1) to (6) apply with the necessary modifications.

  • 2014, c. 13, s. 84

Marginal note:Powers of Chief Safety Officer  — passenger craft

  •  (1) The Chief Safety Officer may, on application by an operator, permit the use on a passenger craft, or the use in respect of employees or other passengers being transported on a passenger craft, for a specified time and subject to specified conditions, of specified equipment, methods, measures, standards or other things, in lieu of any required by regulations made under this Part, if the granting of the permission is not otherwise prohibited by regulation made under this Part and if he or she is satisfied that protection of the health and safety of the employees or other passengers being transported would not be diminished.

  • Marginal note:No contravention

    (2) The regulations are not considered to be contravened if there is compliance with a permission under subsection (1).

  • Marginal note:Application

    (3) The application shall

    • (a) be in a form acceptable to the Chief Safety Officer;

    • (b) include information with respect to the consequences to health and safety that might reasonably be anticipated if the permission is granted;

    • (c) be accompanied by technical information sufficient to enable the Chief Safety Officer to make a decision on the application; and

    • (d) be accompanied by documentation issued by the Minister of Transport indicating that if the permission is granted, it would not contravene any Act or law that applies to the operation of a passenger craft.

  • Marginal note:Public notice

    (4) On receipt of the application, the Chief Safety Officer shall make it available to the public in a manner that he or she considers advisable, together with a notice that submissions may be made to him or her for a period of 30 days — or any shorter period fixed by him or her with the agreement of each workplace committee established by the operator — after the day on which the application has been made available.

  • Marginal note:Notice at workplace

    (5) An operator shall, immediately after it makes an application, post a copy of it in printed form in a prominent place at each of its workplaces, and provide a copy to any committee established for that workplace.

  • Marginal note:Decision

    (6) The Chief Safety Officer shall, as soon as possible after the end of the period referred to in subsection (4), inform, in a manner that he or she considers advisable, the operator and the public of the decision made on the application.

  • Marginal note:Reconsideration of decision

    (7) The Chief Safety Officer may, on his or her own initiative or on application by the operator who requested a permission under subsection (1), reconsider, confirm, vary, revoke or suspend a decision made on the application at any time when information is made available that, had it been known when the decision was made, would reasonably be expected to have resulted in a different decision from the one made at that time. In that case, subsections (1) to (6) apply with the necessary modifications.

  • 2014, c. 13, s. 84

Administration and Enforcement

Marginal note:Occupational health and safety officers

  •  (1) Subject to subsection (3), the Federal Minister shall, within 30 days after the day on which the Minister is notified that the Provincial Minister has designated an individual as an occupational health and safety officer under the Provincial Act, designate that individual as an occupational health and safety officer for the purposes of the administration and enforcement of this Part.

  • Marginal note:Notice of designation

    (2) The Federal Minister shall, without delay after making the designation, notify the Provincial Minister in writing that the designation has been made and provide a copy to the Board.

  • Marginal note:Restriction

    (3) The Federal Minister shall not designate an individual if he or she is not satisfied that the individual is qualified to exercise the powers and carry out the duties and functions of an occupational health and safety officer under this Part. If an individual is not designated, the Federal Minister shall without delay notify the Provincial Minister of it in writing and provide a copy to the Board.

  • Marginal note:Limitation

    (4) No individual may be designated under subsection (1) unless they have been recommended to the Provincial Minister by the Board.

  • Marginal note:Indemnification

    (5) An individual designated under subsection (1) who is not an employee of the Board is deemed to be an officer for the purposes of section 17.

  • Marginal note:Certificate to be produced

    (6) An individual designated under subsection (1) shall be provided with a certificate of designation, and, on entering any place under the authority of this Part shall, if so requested, produce the certificate to the person in charge of the place.

  • 2014, c. 13, s. 84

Marginal note:Special officers

  •  (1) If the Provincial Minister is satisfied that the circumstances described in paragraphs (a) and (b) exist and he or she appoints an individual as a special officer under the Provincial Act in relation to a matter connected to the risk described in paragraph (a), the Federal Minister may, after being advised of that appointment, and subject to subsection (2), designate that individual as a special officer for the purposes of the administration and enforcement of this Part in relation to the same matter:

    • (a) there are reasonable grounds to believe that action by a special officer is required to avoid a serious risk to the health and safety of employees in the offshore area within the near future; and

    • (b) the risk cannot be avoided through the exercise of powers conferred under subsection 41(2) or section 210.121 or 210.122.

  • Marginal note:Restriction

    (2) The Federal Minister may designate the individual only if he or she, after consulting with the Minister of Labour, is satisfied that the circumstances described in paragraphs (1)(a) and (b) exist and that the individual is qualified to exercise the powers and carry out the duties and functions of a special officer under this Part.

  • Marginal note:Notice of designation

    (3) The Federal Minister shall, without delay after making a designation, notify the Provincial Minister in writing that the designation has been made and provide a copy to the Board.

  • Marginal note:Certificate to be produced

    (4) The individual shall be provided with a certificate of designation and, on entering any place under the authority of this Part, shall, if so requested, produce the certificate to the person in charge of the place.

  • Marginal note:No liability

    (5) No action lies against the Board for anything done or omitted to be done by an individual designated under subsection (1) while carrying out their duties or functions, or by any person in the course of assisting such an individual.

  • 2014, c. 13, s. 84

Marginal note:Orders for verifying compliance

  •  (1) A health and safety officer may, for the purpose of verifying compliance with this Part, order an operator, employer, employee, supervisor, interest holder, owner, provider of services or supplier

    • (a) to do, in a place that is used for any work or activity for which an authorization has been issued, including a passenger craft or an aircraft or vessel that has been used or is intended to be used as a passenger craft, any of the following:

      • (i) inspect anything,

      • (ii) pose questions or conduct tests or monitoring, and

      • (iii) take photographs or measurements or make recordings or drawings;

    • (b) to accompany or assist the officer while the officer is in a place described in paragraph (a);

    • (c) to produce a document or another thing that is in their possession or control, or to prepare and produce a document based on data or documents that are in their possession or control, in the form and manner that the officer may specify;

    • (d) to provide, to the best of their knowledge, information relating to any matter to which this Part applies, or to prepare and produce a document based on that information, in the form and manner that the officer may specify;

    • (e) to ensure that all or part of a place described in paragraph (a), or anything located in the place, that is under their control, not be disturbed for a reasonable period pending the exercise of any powers under this section; and

    • (f) to remove anything from a place described in paragraph (a) and to provide it to the officer, in the manner specified by the officer, for examination, testing or copying.

  • Marginal note:Orders for verifying compliance

    (2) A health and safety officer may, for the purpose of verifying compliance with this Part, order any person in charge of a place, other than a person in charge of a place referred to in paragraph (1)(a), in which the officer has reasonable grounds to believe that there is anything to which this Part applies

    • (a) to inspect anything in the place;

    • (b) to pose questions, or conduct tests or monitoring, in the place;

    • (c) to take photographs or measurements, or make recordings or drawings, in the place;

    • (d) to accompany or assist the officer while the officer is in the place;

    • (e) to produce a document or another thing that is in their possession or control, or to prepare and produce a document based on data or documents that are in their possession or control, in the form and manner that the officer may specify;

    • (f) to provide, to the best of their knowledge, information relating to any matter to which this Part applies, or to prepare and produce a document based on that information, in the form and manner that the officer may specify;

    • (g) to ensure that all or part of the place, or anything located in the place, that is under their control, not be disturbed for a reasonable period pending the exercise of any powers under this section; and

    • (h) to remove anything from the place and to provide it to the officer, in the manner specified by the officer, for examination, testing or copying.

  • Marginal note:Powers on entry

    (3) A health and safety officer may, for the purpose of verifying compliance with this Part and subject to section 210.076, enter a place that is used for any work or activity for which an authorization has been issued, including a passenger craft or an aircraft or vessel that has been used or is intended to be used as a passenger craft, or any other place in which the officer has reasonable grounds to believe that there is anything to which this Part applies, and may for that purpose

    • (a) inspect anything in the place;

    • (b) pose questions, or conduct tests or monitoring, in the place;

    • (c) take samples from the place, or cause them to be taken, for examination or testing, and dispose of those samples;

    • (d) remove anything from the place, or cause it to be removed, for examination, testing or copying;

    • (e) while at the place, take or cause to be taken photographs or measurements, make or cause to be made recordings or drawings or use systems in the place that capture images or cause them to be used;

    • (f) use any computer system in the place, or cause it to be used, to examine data contained in or available to it;

    • (g) prepare a document, or cause one to be prepared, based on data contained in or available to the computer system;

    • (h) use any copying equipment in the place, or cause it to be used, to make copies;

    • (i) be accompanied while in the place by any individual, or be assisted while in the place by any person, that the officer considers necessary; and

    • (j) meet in private with any individual in the place, with the agreement of that individual.

  • Marginal note:Clarification

    (4) For greater certainty, a health and safety officer who has entered a place under subsection (3) may order any individual in the place to do anything described in paragraphs (1)(a) to (f) or (2)(a) to (h), as the case may be.

  • Marginal note:Return of things removed

    (5) Anything removed under paragraph (1)(f), (2)(h) or (3)(d) for examination, testing or copying shall, if requested by the person from whom it was removed, be returned to that person after the examination, testing or copying is completed, unless it is required for the purpose of a prosecution under this Part.

  • 2014, c. 13, s. 84

Marginal note:Reports to be provided to operator

  •  (1) A health and safety officer shall provide to an operator written reports respecting anything inspected, tested or monitored at any of its workplaces by, or on the order of, the officer for the purpose of verifying compliance with this Part.

  • Marginal note:Reports to be provided to employer

    (2) A health and safety officer shall provide to each employer at a workplace written reports respecting anything inspected, tested or monitored at the workplace by, or on the order of, the officer for the purpose of verifying compliance with this Part that relate to the health and safety of the employer’s employees.

  • Marginal note:Editing of report — trade secrets

    (3) If a report contains a trade secret, the health and safety officer may edit the report to protect the trade secret.

  • Marginal note:Editing of report — medical and other information

    (4) If a report contains information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, the health and safety officer shall edit the report to protect that information before providing it to an operator or employer, unless the individual to whom the information relates consents in writing to the disclosure of the information to the operator or employer.

  • 2014, c. 13, s. 84

Marginal note:Entering living quarters

  •  (1) If the place referred to in subsection 210.074(3) is living quarters, a health and safety officer is not authorized to enter those quarters without the consent of the occupant except

    • (a) to execute a warrant issued under subsection (4);

    • (b) to verify that any lifesaving equipment that is prescribed is readily available and in good condition; or

    • (c) to verify that those quarters, if on a marine installation or structure, are in a structurally sound condition sufficient to ensure the health and safety of employees.

  • Marginal note:Notice

    (2) The officer shall provide reasonable notice to the occupant before entering living quarters under paragraph (1)(b) or (c).

  • Marginal note:Exception

    (3) Despite paragraphs (1)(b) and (c), any locker in the living quarters that is fitted with a locking device and that is assigned to the occupant shall not be opened by the officer without the occupant’s consent except under the authority of a warrant issued under subsection (4).

  • Marginal note:Authority to issue warrant

    (4) On ex parte application, a justice of the peace may issue a warrant authorizing a health and safety officer who is named in it to enter living quarters subject to any conditions specified in the warrant if the justice is satisfied by information on oath that

    • (a) the living quarters are a place referred to in subsection 210.074(3);

    • (b) entry to the living quarters is necessary to verify compliance with this Part; and

    • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

  • Marginal note:Authority to open locker

    (5) The warrant may also authorize a locker described in subsection (3) to be opened, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

    • (a) it is necessary to open the locker to verify compliance with this Part; and

    • (b) the occupant to whom it is assigned refused to allow it to be opened or there are reasonable grounds to believe that the occupant to whom it is assigned will refuse to allow it to be opened or that consent to opening it cannot be obtained from that occupant.

  • Marginal note:Use of force

    (6) The health and safety officer who executes a warrant issued under subsection (4) shall not use force unless the use of force has been specifically authorized in the warrant.

  • Marginal note:Telewarrant provisions to apply

    (7) A warrant may be issued under this section by telephone or other means of telecommunication on information submitted by a health and safety officer by one of those means, and section 487.1 of the Criminal Code applies for that purpose, with any modifications that the circumstances require.

  • Definition of living quarters

    (8) In this section, living quarters means sleeping quarters provided for the accommodation of employees on a marine installation or structure or a passenger craft, and any room for the exclusive use of the occupants of those quarters that contains a toilet or a urinal.

  • 2014, c. 13, s. 84

Marginal note:Assistance to officers

  •  (1) The operator for, employers, employees and supervisors at, owners of, suppliers or providers of services to, as well as the person in charge of, a place entered by a health and safety officer under subsection 210.074(3) — and the interest holders having an interest, or a share of an interest, in any portion of the offshore area in which the place is located — shall give all assistance that is reasonably required to enable the officer to verify compliance with this Part and shall provide any documents, data or information that is reasonably required for that purpose.

  • Marginal note:Transportation, accommodation and food

    (2) If the place referred to in subsection 210.074(3) is a workplace, the operator shall provide to the health and safety officer, and to every individual accompanying that officer, free of charge,

    • (a) suitable transportation between the operator’s usual point of embarkation on shore and the workplace, between the workplace and the operator’s usual point of disembarkation on shore, and between workplaces; and

    • (b) suitable accommodation and food at the workplace.

  • 2014, c. 13, s. 84

Marginal note:False statements or information

 No person shall make a false or misleading statement or provide false or misleading information, in connection with any matter under this Part, to a health and safety officer who is carrying out duties or functions under this Part or to the Chief Safety Officer when he or she is conducting a review under section 210.1.

  • 2014, c. 13, s. 84

Marginal note:Obstruction

 No person shall obstruct or hinder a health and safety officer who is carrying out duties or functions under this Part or the Chief Safety Officer when he or she is conducting a review under section 210.1.

  • 2014, c. 13, s. 84

Marginal note:Accompaniment of health and safety officer

  •  (1) A health and safety officer who is inspecting, testing or monitoring anything in a workplace under subsection 210.074(3) shall give to an employer representative at the workplace, and to a member of the workplace committee who represents employees, an opportunity to accompany the officer when the officer is carrying out those activities.

  • Marginal note:Employee representative unavailable

    (2) If no employee representative from the workplace committee is available, the officer may select one or more other employees to accompany them.

  • Marginal note:Unaccompanied examination

    (3) The officer may carry out the activities without being accompanied by an employer or employee representative if either or both of them are unavailable and the officer considers that it is necessary to proceed immediately with those activities.

  • Marginal note:Consultation with employees

    (4) If the officer is not accompanied by an employee representative, the officer shall endeavour to consult with a number of employees when carrying out the activities.

  • Marginal note:Compensation of employee

    (5) An individual who is accompanying or being consulted by an officer under this section shall be paid the same wages and granted the same benefits that the individual would have received had they been working.

  • 2014, c. 13, s. 84

Marginal note:Authority to issue warrant

  •  (1) On ex parte application, a justice of the peace may issue a warrant if the justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any place anything that will provide evidence or information relating to the commission of an offence under this Part.

  • Marginal note:Powers under warrant

    (2) The warrant may authorize a health and safety officer, and any other individual named in the warrant, to at any time enter and search the place and to seize anything specified in the warrant, or do any of the following as specified in it, subject to any conditions that may be specified in it:

    • (a) conduct examinations, tests or monitoring;

    • (b) take samples for examination or testing, and dispose of those samples; or

    • (c) take photographs or measurements, make recordings or drawings, or use systems in the place that capture images.

  • Marginal note:Where warrant not necessary

    (3) A health and safety officer may exercise the powers described in this section without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be feasible to obtain one.

  • Marginal note:Exigent circumstances

    (4) Exigent circumstances include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or the loss or destruction of evidence.

  • Marginal note:Operation of computer system and copying equipment

    (5) An individual authorized under this section to search a computer system in a place may

    • (a) use or cause to be used any computer system at the place to search any data contained in or available to the computer system;

    • (b) reproduce or cause to be reproduced any data in the form of a printout or other intelligible output;

    • (c) seize any printout or other output for examination or copying; and

    • (d) use or cause to be used any copying equipment at the place to make copies of the data.

  • Marginal note:Duty of person in charge of place

    (6) Every person who is in charge of a place in respect of which a search is carried out under this section shall, on presentation of the warrant, permit the individual carrying out the search to do anything described in subsection (5).

  • Marginal note:Transportation, accommodation and food

    (7) An operator shall provide, free of charge, to an individual who is executing a warrant under this section at any of its workplaces

    • (a) suitable return transportation between the workplace and any location from which transportation services to that workplace are usually provided, and between workplaces; and

    • (b) suitable accommodation and food at the workplace.

  • Marginal note:Telewarrant provisions to apply

    (8) A warrant may be issued under this section by telephone or other means of telecommunication on information submitted by a health and safety officer by one of those means, and section 487.1 of the Criminal Code applies for that purpose, with any modifications that the circumstances require.

  • 2014, c. 13, s. 84

Marginal note:Storage and removal

  •  (1) A thing seized under this Part may be stored in the place where it was seized or may, at the discretion of a health and safety officer, be removed to any other place for storage. The owner of the thing or the person who is lawfully entitled to possess it shall pay the costs of storage or removal.

  • Marginal note:Perishable things

    (2) If the thing seized is perishable, a health and safety officer may destroy the thing, or otherwise dispose of it in any manner the officer considers appropriate. Any proceeds realized from its disposition shall be paid to the Receiver General.

  • 2014, c. 13, s. 84

Non-disturbance of Scene

Marginal note:Serious injury or death

  •  (1) In the case of an incident at a workplace, or involving a passenger craft, that results in serious injury or death, no person shall, unless authorized to do so by a health and safety officer, disturb anything related to the incident except to the extent necessary to

    • (a) attend to any individuals who are injured or killed;

    • (b) prevent further injuries; or

    • (c) prevent damage to or loss of property.

  • Marginal note:Exception  — passenger craft

    (2) If an individual is killed or seriously injured by an incident involving a passenger craft, an individual who is investigating the incident under the Aeronautics Act, the Canada Shipping Act, 2001 or the Canadian Transportation Accident Investigation and Safety Board Act is not required to obtain an authorization under subsection (1).

  • 2014, c. 13, s. 84

Disclosure of Information

Marginal note:Provision of information

 No person shall prevent an employee from providing to a health and safety officer or to the Board, or to any person or committee having duties or functions under this Part, information that they may require to carry out their duties or functions.

  • 2014, c. 13, s. 84

Marginal note:Information not to be disclosed

 Subject to sections 210.088 to 210.09, no person shall — except for the purposes of this Part, for the purposes of a prosecution under this Part, for the purposes of Part III as it relates to safety or for the purposes of a prosecution under Part III that relates to safety — disclose the results of

  • (a) activities carried out by or on the order of a health and safety officer for the purpose of verifying compliance with this Part; or

  • (b) activities carried out under a warrant issued under this Part.

  • 2014, c. 13, s. 84

Marginal note:Non-disclosure of identity

 Subject to section 210.089, no individual to whom information obtained under this Part is communicated in confidence shall disclose the identity of the individual who provided it except for the purposes of this Part, and no individual who obtains such information in confidence is competent or compellable to disclose the identity of the individual who provided it before any court or other tribunal except by order of the court or tribunal on any terms and conditions that the court or tribunal considers just.

  • 2014, c. 13, s. 84

Marginal note:Non-disclosure of trade secrets

  •  (1) Subject to subsections (2) and 210.089(1), trade secrets that become known to a health and safety officer who enters a place under subsection 210.074(3), or to an individual accompanying or a person assisting the officer, are privileged and shall not be disclosed except for the purposes of this Part, or for the purposes of Part III as it relates to safety.

  • Marginal note:Information on hazardous products and materials

    (2) Information that, under the Hazardous Materials Information Review Act, a person is exempt from disclosing under paragraph 210.022(d) or (e) or under paragraph 13(a) or (b) of the Hazardous Products Act, and that is obtained by a health and safety officer who enters a place under subsection 210.074(3), or by an individual accompanying or a person assisting the officer, is privileged and, despite the Access to Information Act or any other Act or law, shall not be disclosed to any other person except for the purposes of this Part, or for the purposes of Part III as it relates to safety.

  • Marginal note:Secondary release of information

    (3) Subject to subsection 210.089(2), information disclosed under subsection (1) or (2) shall not be further disclosed by the recipient, except for the purpose for which it was disclosed to them.

  • 2014, c. 13, s. 84

Marginal note:Disclosure by Chief Safety Officer

  •  (1) Despite section 122, the Chief Safety Officer may disclose information  — other than information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, an individual’s identity the disclosure of which is restricted under section 210.086 or information the disclosure of which is restricted under section 210.087 — related to occupational health and safety that he or she obtains in his or her capacity as Chief Safety Officer to officials of the federal government, a provincial government or a foreign government, or of an agency of any of those governments, for the purposes of a federal or provincial law or activity or a foreign law, if the Officer is satisfied that disclosure is in the interest of health and safety and the information is disclosed subject to any conditions agreed upon by the Officer and the government or agency.

  • Marginal note:Disclosure by federal government or agency

    (2) Officials of the federal government or of an agency of the federal government may for the purposes of this Part disclose information related to occupational health and safety  — other than information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual — to the Chief Safety Officer, if they are satisfied that disclosure is in the interest of health and safety and it is disclosed subject to any conditions agreed upon by the federal government or agency and the Officer.

  • Marginal note:Secondary release of information

    (3) Information disclosed under subsection (1) or (2) shall not be further disclosed by the recipient without the consent in writing of the person who disclosed it to them, unless it is disclosed for the same purposes and subject to the conditions referred to in that subsection.

  • 2014, c. 13, s. 84

Marginal note:Access to information by governments

  •  (1) The Federal Minister and the Provincial Minister are entitled to access to any information that is recorded in any form — other than information relating to the medical history of an identifiable individual or information the disclosure of which is restricted under subsection 210.087(2) — if the record is under the control of the Board and the information relates to this Part, and that information shall, on the request of either Minister, be disclosed to that Minister without requiring the consent in writing of the person to whom the information relates.

  • Marginal note:Secondary release of information

    (2) Information disclosed to either Minister under subsection (1) shall not be further disclosed by that Minister without the consent in writing of the person to whom it relates except for the purposes of this Part or for the purposes of Part III as it relates to safety.

  • 2014, c. 13, s. 84

Marginal note:Disclosure by Board

 Despite section 122, the Board may, after consulting with the Chief Safety Officer, disclose information under its control that relates to this Part — other than information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, an individ­ual’s identity the disclosure of which is restricted under section 210.086 or information the disclosure of which is restricted under 210.087 — if the Board is satisfied that the public interest in making the disclosure clearly outweighs any potential harm resulting from the disclosure.

  • 2014, c. 13, s. 84

Proceedings

Marginal note:Privilege

  •  (1) No health and safety officer and no individual who has accompanied or person who has assisted the officer in carrying out the officer’s duties or functions may be required to give testimony in civil or administrative proceedings, other than proceedings under this Part, relating to information obtained in the exercise of the officer’s powers or in the carrying out of the officer’s duties or functions or in accompanying or assisting the officer, except with the written permission of the Board.

  • Marginal note:Non-application of section 210.085

    (2) If a person to whom subsection (1) applies is required to give testimony in civil or administrative proceedings for which they have the written permission referred to in that subsection, section 210.085 does not apply to restrict the disclosure of the results described in that section.

  • Marginal note:Privilege

    (3) No person shall be required to produce or give evidence in any civil or administrative proceeding relating to any information disclosed to them under subsection 210.088(1) or (2) or 210.089(1).

  • 2014, c. 13, s. 84

Marginal note:No action against health and safety officer

 No action lies against

  • (a) a health and safety officer for anything done or omitted to be done by them in good faith while carrying out their duties or functions under this Part; or

  • (b) an individual accompanying or a person assisting a health and safety officer for anything done or omitted to be done by them in good faith while carrying out their duties or functions under this Part.

  • 2014, c. 13, s. 84

Orders and Decisions

Marginal note:Order to terminate contravention

 A health and safety officer who is of the opinion that a provision of this Part or of the regulations made under this Part is being contravened or has recently been contravened by any person may order the person to

  • (a) terminate the contravention within the time that the officer specifies; and

  • (b) take measures specified by the officer, within the period that they specify, to ensure that the contravention does not continue or reoccur.

  • 2014, c. 13, s. 84

Marginal note:Dangerous situations  — order

  •  (1) If a health and safety officer is of the opinion that the performance of an activity — including the use or operation of any thing or the conditions under which an activity is performed — constitutes a danger to an employee or other individual at a workplace or a passenger on a passenger craft, the officer shall order any person to take measures, immediately or within the period that the officer specifies

    • (a) to correct the hazard or condition, or to alter the activity, that constitutes the danger; or

    • (b) to protect any individual from the danger.

  • Marginal note:Dangerous situations  — additional order

    (2) If a health and safety officer is of the opinion that the measures cannot be taken immediately, the officer may order any person not to use a place, operate a thing or perform an activity to which an order under subsection (1) relates until that order is complied with.

  • Marginal note:Necessary measures

    (3) Nothing in subsection (2) prevents the doing of anything necessary to comply with the order under subsection (1).

  • Marginal note:Posting notice of danger

    (4) If a health and safety officer makes an order under subsection (2), the officer shall post or affix or cause to be posted or affixed to or near the place or thing to which the order relates, or in the area in which the activity to which the order relates is performed, a notice in the form, and containing the information, that the officer may specify, and no person shall remove the notice unless they are authorized by a health and safety officer to do so.

  • Marginal note:Cessation of use

    (5) If a health and safety officer makes an order under subsection (2), the person to whom the order is directed shall cause the use or operation of the place or thing or the performance of the activity to be discontinued, and no individual shall use or operate the place or thing or perform the activity until the order under subsection (1) is complied with.

  • 2014, c. 13, s. 84

Marginal note:Copy of order

  •  (1) A health and safety officer shall give a copy of any order they make under section 210.093 or subsection 210.094(1) or (2) to the person to whom it is directed and to the operator to whom the order relates. If a special officer makes the order, they shall give a copy of it to the Chief Safety Officer also.

  • Marginal note:Copy to affected employee

    (2) If an occupational health and safety officer makes an order under section 210.093 or subsection 210.094(1) or (2) as a result of being notified under subsection 210.049(4), 210.05(6) or 210.054(6), or decides after being so notified not to make an order, the officer shall, as soon as possible, give a copy of the order, or written notice of the decision, to the employee who made the report under subsection 210.049(1) or who exercised their rights under section 210.05 or 210.054.

  • Marginal note:Confirmation in writing

    (3) If an order is made orally under section 210.093 or subsection 210.094(1) or (2), it shall be confirmed in writing and a copy given, as soon as possible, to the persons who, under subsections (1) and (2), are required to be given a copy.

  • Marginal note:When order may be made

    (4) A health and safety officer may make an order under section 210.093 or subsection 210.094(1) or (2) even if the officer is not physically present in the place to which the order refers.

  • 2014, c. 13, s. 84

Marginal note:Compliance notice

 The person to whom an order under section 210.093 or subsection 210.094(1) or (2) is directed shall, within the period specified in the order, submit to the health and safety officer a notice of compliance describing the extent to which they have complied with the order, unless the officer decides that the notice is not necessary because compliance with the order has been achieved.

  • 2014, c. 13, s. 84

Marginal note:Priority  — special officer

  •  (1) An order made by a special officer prevails over an order made by an occupational health and safety officer, the Chief Safety Officer, an operational safety officer, a conservation officer or the Chief Conservation Officer, as defined in section 138, to the extent of any inconsistency between the orders.

  • Marginal note:Priority  — occupational health and safety officer

    (2) An order or a decision made by an occupational health and safety officer prevails over an order or a decision made by an operational safety officer, a conservation officer or the Chief Conservation Officer, as defined in section 138, to the extent of any inconsistency between the orders or decisions.

  • 2014, c. 13, s. 84

Posting and Providing of Certain Documents

Marginal note:Duty of operator or employer

  •  (1) Subject to subsections (2) and (3), every operator or employer, as the case may be, shall, as soon as practicable after filing or receiving any of the following documents, post a copy of it in a prominent location at the workplace to which it relates and provide a copy of it to the workplace committee or the coordinator, as the case may be:

    • (a) an order made under section 210.093 or subsection 210.094(1) or (2);

    • (b) a notice of compliance referred to in section 210.096 or subsection 210.101(11);

    • (c) an application for a review made under subsection 210.099(1) or a decision made under subsection 210.1(1); or

    • (d) a notice of an appeal made under subsection 210.101(1) or a decision or order made under subsection 210.101(9).

  • Marginal note:Editing of document  — trade secrets

    (2) If any document required to be posted under subsection (1) contains a trade secret, the operator or employer, as the case may be, may, before posting it, edit it to protect that trade secret. If the document is edited, the operator or employer shall obtain the written approval of a health and safety officer for the document as edited before posting it.

  • Marginal note:Editing of document  — medical and other information

    (3) If any document required to be posted under subsection (1) contains information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, the operator or employer, as the case may be, shall — unless the individual to whom the information relates consents in writing to the information being posted — before posting it, edit it to protect that information, and obtain the written approval of a health and safety officer for the document as edited.

  • Marginal note:Obligation to post satisfied

    (4) An obligation imposed on an operator or employer under subsection (1) is satisfied if

    • (a) the operator or employer, as the case may be, ensures that the document is posted for the time necessary, which is at least 30 days or any longer period that is prescribed, to enable employees at the workplace to inform themselves of the content; or

    • (b) the operator or employer, as the case may be, provides a copy of the document to each employee at the workplace.

  • 2014, c. 13, s. 84

Review and Appeals

Marginal note:Review

  •  (1) Subject to subsection (2), any person who is, or any union representing employees who are, directly affected by a decision of an occupational health and safety officer under subsection 210.05(10) or 210.054(10), or by an order of an occupational health and safety officer under section 210.093 or subsection 210.094(1) or (2), may apply for a review by the Chief Safety Officer of the decision or order.

  • Marginal note:Exception

    (2) If the Chief Safety Officer, acting as an occupational health and safety officer, makes a decision under subsection 210.05(10) or 210.054(10) or an order under section 210.093 or subsection 210.094(1) or (2), he or she is not permitted to review those decisions or orders.

  • Marginal note:Time limit

    (3) An application for a review shall be made in writing to the Chief Safety Officer within 45 days after the date of the decision or order that is the subject of the review being made in writing or, if the decision or order was made orally, of it being confirmed in writing.

  • Marginal note:No stay

    (4) Unless otherwise ordered by the Chief Safety Officer, an application for review of a decision or an order does not operate as a stay of the decision or order.

  • 2014, c. 13, s. 84

Marginal note:Decision

  •  (1) On receiving an application for a review, the Chief Safety Officer shall, in a summary way and without delay, enquire into the circumstances of the decision or order and may confirm, vary or revoke the decision or order. In making his or her enquiry, the Officer may consider new information including, but not limited to, information provided by the applicant.

  • Marginal note:Review not prevented

    (2) The Chief Safety Officer is not prevented from conducting a review by reason only that he or she, in the course of carrying out his or her duties and functions under this Part, receives information regarding the matter under review or communicates with any person concerning that matter.

  • Marginal note:Communication of decision

    (3) The Chief Safety Officer shall provide his or her decision in writing, with reasons, to the applicant, to the operator affected by it and to any person who made representations in relation to the matter under review.

  • Marginal note:Effect of decision

    (4) A decision of the Chief Safety Officer made under this section that is not appealed is final and binding and not subject to review.

  • 2014, c. 13, s. 84

Marginal note:Appeal

  •  (1) Any person who is, or any union representing employees who are, directly affected by any of the following decisions or orders may appeal the decision or order to the Board (in this section and in sections 210.104, 210.105, 210.106 and 210.116 referred to as the “provincial labour board”) as defined in the Occupational Health and Safety Act, S.N.S. 1996, c. 7, as amended from time to time (in this section and in sections 210.104 and 210.105 referred to as the “Provincial Occupational Health and Safety Act”):

    • (a) a decision of an occupational health and safety officer under section 210.062;

    • (b) an order of an occupational health and safety officer under subsection 210.063(1), (2) or (3);

    • (c) a determination of an occupational health and safety officer made in respect of an application under section 210.064;

    • (d) an order of a special officer under section 210.093 or subsection 210.094(1) or (2);

    • (e) an order of the Chief Safety Officer referred to in subsection 210.046(1) or (2) or 210.099(2); or

    • (f) a decision of the Chief Safety Officer under subsection 210.1(1).

  • 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 Board as defined in section 2.

  • Marginal note:Time limit

    (3) An appeal shall be made by filing a notice of appeal under the Provincial Occupational Health and Safety Act within 45 days after the date of the decision or order that is the subject of the appeal.

  • Marginal note:No stay

    (4) Subject to subsection (5) or unless otherwise ordered by the provincial labour board, an appeal of a decision or order does not operate as a stay of the decision or order.

  • Marginal note:Stay

    (5) Any order under subsection 210.063(1), (2) or (3) is stayed until disposition of the appeal.

  • Marginal note:Chief Safety Officer

    (6) The Chief Safety Officer may, subject to any conditions imposed by the provincial labour board, make representations to that board in respect of the decision or order being appealed.

  • Marginal note:Conduct of appeal

    (7) The rules of practice and procedure that apply to appeals made under the Provincial Occupational Health and Safety Act apply to appeals made under subsection (1); except, however, that when an employer is required to receive a copy of an order or decision, the operator and Chief Safety Officer shall receive a copy of it as well.

  • Marginal note:Powers, privileges and immunities

    (8) The provincial labour board and each of its members has the powers, privileges and immunities granted under the Labour Board Act, S.N.S. 2010, c. 37, as amended from time to time.

  • Marginal note:Decision

    (9) The provincial labour board may revoke, or make an order confirming or varying, the decision or order being appealed, and may make any order that a health and safety officer has the power or duty to make under section 210.093 or subsection 210.094(1) or (2).

  • Marginal note:Cessation of use

    (10) If the provincial labour board makes an order that a health and safety officer has the power or duty to make under subsection 210.094(2) in respect of a place, thing or activity, the person to whom the order is directed shall cause the use or operation of the place or thing or the performance of the activity to be discontinued, and no individual shall use or operate the place or thing or perform the activity until the measures ordered by that board have been taken.

  • Marginal note:Compliance notice

    (11) If required to do so by the Chief Safety Officer, the person or union to whom an order under subsection (9) is directed shall, within the period specified by that Officer, submit to that Officer a notice of compliance describing the extent to which they have complied with the order.

  • Marginal note:Non-application of Federal Courts Act

    (12) For the purposes of the Federal Courts Act, the provincial labour board, when exercising jurisdiction or powers under this section, is not a federal board, commission or other tribunal as defined in subsection 2(1) of that Act.

  • 2014, c. 13, s. 84

Marginal note:Compensation of employees

 Time spent by an employee attending proceedings under section 210.101 as a party, or as a witness as a result of a summons, is considered to be work time for which the employee shall be paid the same wages and granted the same benefits that the employee would have received had they worked for that time.

  • 2014, c. 13, s. 84

Marginal note:Non-application of Federal Courts Act

 For the purposes of the Federal Courts Act, neither the Board, 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.

  • 2014, c. 13, s. 84

Enforcement of Monetary Orders

Marginal note:Supreme Court of Nova Scotia

  •  (1) An order of an occupational health and safety officer made under any of subsections 210.063(1) to (3) that has not been appealed or an order of the provincial labour board under subsection 210.101(9) requiring payment of wages or benefit entitlements to an employee may, for the purpose of its enforcement, be made an order of the Supreme Court of Nova Scotia and shall be enforced in the same manner as any order of that Court.

  • Marginal note:Procedure for enforcement

    (2) To make the order an order of the Supreme Court of Nova Scotia, the rules of practice and procedure established under the Provincial Occupational Health and Safety Act for making any order an order of that Court may be followed.

  • Marginal note:When order rescinded or replaced

    (3) After an order has been made an order of the Supreme Court of Nova Scotia, any subsequent order rescinding or replacing the first order has the effect of cancelling the order of the Court, and that subsequent order may be made an order of that Court in the same manner.

  • 2014, c. 13, s. 84

Marginal note:Nova Scotia Director of Labour Standards

  •  (1) The Chief Safety Officer may request the Director of Labour Standards designated under the Labour Standards Code, R.S.N.S. 1989, c. 246, as amended from time to time, to enforce an order referred to in section 210.104.

  • Marginal note:Provincial labour board

    (2) For the purpose of enforcement under subsection (1), an order shall be made an order of the provincial labour board and may be enforced in the same manner as an order of that board.

  • Marginal note:Provisions applicable to enforcement

    (3) Section 72 of the Provincial Occupational Health and Safety Act applies to the enforcement of an order, with any modifications that the circumstances require, including the substitution of the Chief Safety Officer for the Director in subsections 72(3), (5) and (6) of that Act.

  • 2014, c. 13, s. 84

Offences and Penalties

Marginal note:Offences

  •  (1) Every person is guilty of an offence who

    • (a) contravenes any provision of this Part or of the regulations made under this Part;

    • (b) makes any false entry or statement in any report, record or other document required by this Part or the regulations made under this Part or by any order made under this Part;

    • (c) destroys, damages or falsifies any report, record or other document required by this Part or the regulations made under this Part or by any order made under this Part;

    • (d) fails to comply with an order of a health and safety officer;

    • (e) fails to comply with a requirement of the Chief Safety Officer under section 210.016 or 210.021;

    • (f) fails to comply with a decision of the Chief Safety Officer under section 210.1; or

    • (g) fails to comply with an order of the provincial labour board under subsection 210.101(9).

  • Marginal note:Punishment

    (2) Every person who is guilty of an offence under subsection (1) is liable

    • (a) on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both; or

    • (b) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years, or to both.

  • Marginal note:Offence  — paragraph (1)(a)

    (3) Despite paragraph (1)(a), a person who contravenes paragraph 210.013(l) or (m), 210.019(1)(k), 210.035(b) or 210.036(1)(b) is not guilty of an offence unless compliance with that paragraph is necessary to protect occupational health and safety.

  • Marginal note:Self-incrimination

    (4) No individual shall be excused from recording in accordance with section 210.013 or 210.019 instances of non-compliance and any corrective action taken on the grounds that any information given by them may tend to incriminate them or subject them to any proceeding or penalty, but the information, or any evidence derived from it, may not be used or received to incriminate that individual in any criminal proceeding initiated against them, other than a prosecution under section 132, 136 or 137 of the Criminal Code.

  • Marginal note:Due diligence defence

    (5) No person shall be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.

  • 2014, c. 13, s. 84

Marginal note:Offence by officers, etc., of corporation

  •  (1) If a corporation commits an offence under this Part, any of the following individuals who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted:

    • (a) an officer, director or agent of the corporation; and

    • (b) any other individual exercising managerial or supervisory functions in the corporation.

  • Marginal note:Offence by employee or agent

    (2) In a prosecution for an offence under this Part, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence.

  • 2014, c. 13, s. 84

Marginal note:Imprisonment precluded in certain cases

 If an individual is convicted of an offence under this Part on proceedings by way of summary conviction, no imprisonment may be imposed in default of payment of any fine imposed as punishment.

  • 2014, c. 13, s. 84

Marginal note:Orders of court

  •  (1) If a person is convicted of an offence under this Part, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, in addition to any other punishment that may be imposed under this Part, make an order that has any or all of the following effects:

    • (a) prohibiting the offender from committing an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

    • (b) directing the offender to take any measures that the court considers appropriate to avoid any harm to health or safety that may result from the act or omission that constituted the offence, or to remedy any harm to health or safety resulting from it;

    • (c) directing the offender, at the offender’s own expense, to publish, in any manner that the court directs, the facts relating to the offence;

    • (d) directing the offender to submit to the Chief Safety Officer, on application by that Officer within three years after the conviction, any information with respect to the offender’s activities that the court considers appropriate in the circumstances;

    • (e) directing the offender to pay to the Board an amount of money that the court considers appropriate for the purpose of conducting research, education and training in occupational health and safety matters;

    • (f) directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court;

    • (g) directing the offender to post a bond or pay an amount of money into court that the court considers appropriate to ensure that the offender complies with any prohibition, direction, requirement or condition that is specified in the order; and

    • (h) requiring the offender to comply with any conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing another offence under this Part.

  • Marginal note:Coming into force and duration of order

    (2) An order made under subsection (1) comes into force on the day on which the order is made or on any other day that the court may determine, but shall not continue in force for more than three years after that day.

  • Marginal note:Publication

    (3) If an offender does not comply with an order under paragraph (1)(c) requiring the publication of facts relating to the offence, the Chief Safety Officer may publish the facts and recover the costs of publication from the offender.

  • 2014, c. 13, s. 84

Marginal note:Variation of sanctions

  •  (1) Subject to subsection (2), if a court has made an order under subsection 210.109(1), the court may, on application by the offender or the Chief Safety Officer, require the offender to appear before it and, after hearing the offender and the Chief Safety Officer, vary the order in one or more of the following ways that the court considers appropriate because of a change in the circumstances of the offender since the order was made:

    • (a) by making changes to any prohibition, direction, requirement or condition that is specified in the order or by extending the time during which the order is to remain in force for any period, not exceeding one year, that the court considers appropriate; or

    • (b) by decreasing the time during which the order is to remain in force or by relieving the offender, either absolutely or partially or for any period that the court considers appropriate, of compliance with any condition that is specified in the order.

  • Marginal note:Notice

    (2) Before making an order under subsection (1), the court may direct that notice be given to any persons that the court considers to be interested and may hear any of those persons.

  • 2014, c. 13, s. 84

Marginal note:Subsequent applications with leave

 If an application made under subsection 210.11(1) in relation to an offender has been heard by a court, no other application may be made under that section in relation to the offender except with leave of the court.

  • 2014, c. 13, s. 84

Marginal note:Recovery of fines and amounts

 If a person is convicted of an offence under this Part and a fine that is imposed is not paid when required or if a court orders an offender to pay an amount under subsection 210.109(1) or 210.11(1), the prosecutor may, by filing the conviction or order, as the case may be, enter as a judgment the amount of the fine or the amount ordered to be paid, and costs, if any, in the Supreme Court of Nova Scotia, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against them in that Court in civil proceedings.

  • 2014, c. 13, s. 84

Marginal note:Order to comply

 If a person is guilty of an offence under this Part, a court may, in addition to any other penalty it may impose, order that person to comply with the provisions of this Part or the regulation or order for the contravention of which that person has been convicted.

  • 2014, c. 13, s. 84

Marginal note:Continuing offences

 If an offence under this Part is committed on more than one day or is continued for more than one day, it constitutes a separate offence for each day on which it is committed or continued.

  • 2014, c. 13, s. 84

Marginal note:Time limited for summary conviction proceedings

 Proceedings by way of summary conviction for an offence under this Part may be instituted at any time within but not later than three years after the day on which the subject-matter of the proceedings arose, unless the prosecutor and the defendant otherwise agree.

  • 2014, c. 13, s. 84

Marginal note:Evidence

 In any prosecution for an offence under this Part, a copy of any order or other document purporting to have been made under this Part — and purporting to have been signed, in the case of an order or other document purporting to have been made by the provincial labour board, by the Chair, a vice-chair or a member of that board and, in any other case, by the individual authorized under this Part to make that order or document — is, in the absence of any evidence to the contrary, proof of the matters set out in it.

  • 2014, c. 13, s. 84

Marginal note:Jurisdiction of justice or judge

 Any complaint or information relating to an offence under this Part may be heard, tried or determined by a justice of the peace or judge if the accused is resident or carrying on business within the territorial jurisdiction of that justice or judge although the matter of the complaint or information did not arise in that territorial jurisdiction.

  • 2014, c. 13, s. 84

Marginal note:Action to enjoin not prejudiced by prosecution

  •  (1) Even though a prosecution has been instituted for an offence under this Part, the Board may commence and maintain an action to enjoin the committing of any contravention of any provision of this Part or of the regulations made under this Part.

  • Marginal note:Civil remedy not affected

    (2) No civil remedy for any act or omission is suspended or affected by reason that the act or omission is an offence under this Part.

  • 2014, c. 13, s. 84

Marginal note:Information

 In any proceedings for an offence under this Part

  • (a) an information may include more than one offence committed by the same person;

  • (b) all those offences may be tried concurrently; and

  • (c) one conviction for any or all offences so included may be made.

  • 2014, c. 13, s. 84

Advisory Council

Marginal note:Establishment

  •  (1) An advisory council is established, composed of

    • (a) four representatives of employees and four representatives of industry;

    • (b) two representatives of the government of Canada and two representatives of the government of the Province; and

    • (c) the Chief Safety Officer ex officio or his or her representative.

  • Marginal note:Appointment of employee and industry representatives

    (2) Two of the employee representatives and two of the industry representatives shall be appointed jointly by the Federal Minister and the Minister of Labour and the other four shall be appointed jointly by the provincial counterparts of those Ministers.

  • Marginal note:Consultation

    (3) Before making any appointment referred to in subsection (2), the Federal Minister and the Minister of Labour, or their provincial counterparts, as the case may be, shall consult with non-management employees, or the unions representing them, on the appointment of an employee representative and with industry associations on the appointment of an industry representative.

  • Marginal note:Appointment of government representatives

    (4) The federal government representatives shall be appointed jointly by the Federal Minister and the Minister of Labour and the provincial government representatives shall be appointed jointly by the provincial counterparts of those Ministers.

  • Marginal note:Mandate

    (5) The mandate of the advisory council is to advise the Board, the Federal Minister, the Minister of Labour and the provincial counterparts of those Ministers on

    • (a) the administration and enforcement of this Part; and

    • (b) any other matter related to occupational health and safety that is referred to it by any of them.

  • Marginal note:Remuneration and expenses

    (6) At the discretion of the Federal Minister, the Minister of Labour and their provincial counterparts, the members of the advisory council may be paid

    • (a) the remuneration that may be jointly fixed by those Ministers and their provincial counterparts; and

    • (b) any reasonable travel and living expenses that are incurred by the members while carrying out their duties or functions away from their ordinary place of residence.

    The Board shall pay that remuneration and those expenses.

  • Marginal note:Duration and renewal of appointments

    (7) Members are to be appointed for a term of not more than five years and may be reappointed.

  • Marginal note:Chairpersons

    (8) The advisory council is to have two chairpersons selected from among its members. One of the chairpersons shall be selected by the employee representatives and the other shall be selected by the industry representatives.

  • 2014, c. 13, s. 84

Audits and Inquiries

Marginal note:Appointment of auditor

  •  (1) The Federal Minister or the Provincial Minister, or both, may appoint any individual as auditor to measure and report on the effectiveness of the Board in carrying out its duties and functions under this Part. A report of the audit shall be made, as soon as practicable, to each of those Ministers and the Board.

  • Marginal note:Access to information

    (2) The auditor is entitled to free access at all convenient times to information that relates to the fulfilment of their responsibilities and is also entitled to require and receive from the Board and from any persons or committees having duties or functions under this Part any information — including reports — and explanations that they consider necessary for that purpose.

  • Marginal note:Inquiries

    (3) The auditor may examine any individual on oath on any matter pertaining to the effectiveness of the Board in carrying out its duties and functions under this Part and, for the purposes of an examination, may exercise all the powers of a commissioner under Part I of the Inquiries Act.

  • Marginal note:Secondary release of information

    (4) Information — including reports — and explanations disclosed to the auditor under subsection (2) shall not be further disclosed by the auditor without the consent in writing of the person to whom it relates.

  • Marginal note:Consideration of report

    (5) The Board shall consider the report of the audit and, within 60 days after the day on which the Board receives the report, it shall send to the auditor its written response to the report, and send a copy of that response to the Federal Minister and the Provincial Minister.

  • Marginal note:Cost of audit

    (6) If the Federal Minister and the Provincial Minister jointly appoint the auditor, they may also jointly agree, with the consent in writing of the Minister of Mines and Energy of the Province, to require the cost of the audit to be borne by the Board. If only one of those Ministers appoints the auditor, that Minister shall pay the cost of the audit.

  • 2014, c. 13, s. 84

Marginal note:Inquiries

  •  (1) The Federal Minister, the Provincial Minister, the Federal Minister jointly with the Provincial Minister or the Board may appoint one or more individuals to inquire into and report on occupational health and safety matters that are related to employment to which this Part applies.

  • Marginal note:Powers of appointee

    (2) An individual who is appointed by the Federal Minister, by the Federal Minister jointly with the Provincial Minister or by the Board has all the powers of a person appointed as a commissioner under Part I of the Inquiries Act, and the powers that may be conferred on a commissioner under section 11 of that Act.

  • Marginal note:Witnesses

    (3) Every witness who attends and gives evidence at an inquiry under this section is entitled to be paid reasonable travel and living expenses incurred by the witness in doing so and the witness fees prescribed in the tariff of fees in use in the Supreme Court of Nova Scotia.

  • Marginal note:Consideration of report

    (4) Once the Board receives a copy of the report, it shall consider the report and shall, within 60 days after the day on which it is received, send to the Federal Minister and the Provincial Minister its written response to the report.

  • Marginal note:Directions to Board

    (5) If one or more individuals are appointed by a Minister or Ministers under subsection (1) in respect of a matter, the Minister or Ministers making the appointment may, if that Minister or those Ministers determine that an inquiry is being conducted under section 170 in respect of the same matter, direct that the Board terminate that inquiry and provide to that individual or those individuals any records or evidence collected in respect of the matter.

  • Marginal note:Directions binding

    (6) The Board shall comply with a direction made under subsection (5).

  • Marginal note:Costs of inquiry

    (7) If the Federal Minister and the Provincial Minister jointly appoint the individual or individuals under subsection (1), they may also jointly agree, with the consent in writing of the Minister of Mines and Energy of the Province, to require the cost of the inquiry to be borne by the Board. If only one of those Ministers appoints an individual or individuals under that subsection, that Minister shall pay the cost of the inquiry.

  • 2014, c. 13, s. 84

Documents in Electronic or Other Form

Marginal note:Definitions

 The definitions in this section apply in this section and sections 210.124 and 210.125.

electronic document

electronic document means any form of representation of information or of concepts fixed in any medium in or by electronic, optical or other similar means and that can be read or perceived by an individual or by any means. (document électronique)

information system

information system means a system used to generate, send, receive, store or otherwise process an electronic document. (système d’information)

  • 2014, c. 13, s. 84

Marginal note:Use not mandatory

 No provision of this Part or of the regulations made under this Part requires an electronic document to be created or provided.

  • 2014, c. 13, s. 84

Marginal note:Creation of information in writing

  •  (1) A requirement under this Part that a notice, document or other information be created in writing is satisfied by the creation of an electronic document if

    • (a) the information in the electronic document is accessible so as to be usable for subsequent reference; and

    • (b) the regulations pertaining to this subsection, if any, have been complied with.

  • Marginal note:Provision of information

    (2) A requirement under this Part that a notice, document or other information be provided under this Part, whether or not it is required to be provided in writing, is satisfied by the provision of an electronic document if

    • (a) the addressee has designated an information system for the receipt of the electronic document;

    • (b) the electronic document is provided to the designated information system, unless otherwise prescribed;

    • (c) the information in the electronic document is accessible by the addressee and capable of being retained by them, so as to be usable for subsequent reference; and

    • (d) the regulations pertaining to this subsection, if any, have been complied with.

  • Marginal note:Requirement for consent

    (3) If a consent is required to be given in writing under this Part, the requirement is satisfied by the provision of an electronic document that signifies that consent has been given if

    • (a) the addressee has designated an information system for the receipt of the electronic document;

    • (b) the electronic document is provided to the designated information system, unless otherwise prescribed;

    • (c) the information in the electronic document that signifies that consent has been given is accessible by the addressee and capable of being retained by them, so as to be usable for subsequent reference; and

    • (d) the regulations pertaining to this subsection, if any, have been complied with.

  • Marginal note:Exceptions

    (4) Despite subsection (2), the reasons referred to in subsection 210.059(5) and the decision referred to in subsection 210.1(3) shall be provided in writing.

  • 2014, c. 13, s. 84

Regulations

Marginal note:Regulations

  •  (1) Subject to section 6 and on the recommendation of the Federal Minister and the Minister of Labour, the Governor in Council may make regulations generally for carrying out the purposes and provisions of this Part, including regulations

    • (a) establishing requirements in respect of anything described in subsection 210.015(2) or 210.02(2);

    • (b) respecting the manner in which an operator is required to investigate under subsection 210.017(2) any occupational disease or any accident, incident or other hazardous occurrence;

    • (c) respecting the establishment, by an operator, of procedures for safe entry to or exit from a marine installation or structure and of standards for occupancy of a marine installation or structure;

    • (d) respecting the establishment of codes of practice, and specifying who is responsible for ensuring that those codes of practice are complied with;

    • (e) respecting the safety of work or activities that are carried out in a confined space, at heights, directly over water, under water, or of any work or activity that involves the use of explosives;

    • (f) respecting ergonomic standards and procedures for a workplace;

    • (g) respecting the establishment of standards for the design, installation and maintenance of the following things:

      • (i) guards, guard-rails, barricades, fences and other equipment of a similar nature,

      • (ii) boilers and pressure vessels,

      • (iii) escalators, elevators and other devices of a similar nature,

      • (iv) all equipment for the generation, distribution or use of electricity,

      • (v) gas-burning or oil-burning equipment or other heat-generating equipment, and

      • (vi) heating, ventilation and air-conditioning systems;

    • (h) respecting the establishment of standards for the design and maintenance of equipment, machines, devices, materials and other things that may be used by employees in carrying out their job functions;

    • (i) respecting the circumstances and manner in which any thing referred to in paragraph (g) or (h) shall or shall not be used, and any qualifications that an individual is required to have in order to use it;

    • (j) specifying who is responsible for ensuring that the standards referred to in paragraphs (g) and (h) are complied with and that the things referred to in those paragraphs are used in the specified circumstances and manner and by individuals who have the required qualifications;

    • (k) respecting the establishment of standards relating to levels or limits for ventilation, lighting, temperature, humidity, sound and vibration and exposure to chemical agents, biological agents and radiation and specifying who is responsible for ensuring that those standards are complied with;

    • (l) respecting the qualifications of persons authorized to carry out prescribed training;

    • (m) respecting the establishment of fire safety and emergency measures, and specifying who is responsible for ensuring that those measures are complied with;

    • (n) respecting the provision, by an operator, an employer, or both, of sanitary and personal facilities, potable water, sustenance, and first-aid and health services;

    • (o) respecting the prevention of, and protection against, violence at the workplace;

    • (p) respecting the manner and form in which records are to be maintained and information communicated;

    • (q) respecting the manner in which programs for medical monitoring and examination referred to in paragraph 210.067(1)(f) are to be implemented, including restricting the types of interventions that may be used;

    • (r) respecting the procedures governing the granting of a permission under section 210.07 or 210.071, including any requirements for consultation or notice;

    • (s) specifying the equipment, methods, measures or standards or other things required by regulations made under this section in respect of which the granting of a permission under section 210.07 or 210.071 is prohibited;

    • (t) respecting the operation of an advisory council established under section 210.12;

    • (u) respecting any matter necessary for the purposes of the application of section 210.125, including

      • (i) the time and circumstances when, and the place where, an electronic document, as defined in section 210.123, is to be considered to have been provided or received, and

      • (ii) the circumstances in which a secure electronic signature, as defined in subsection 31(1) of the Personal Information Protection and Electronic Documents Act, is required to be linked to an electronic document, as defined in section 210.123; and

    • (v) prescribing anything that by this Part is to be prescribed.

  • Marginal note:Incorporation by reference

    (2) Regulations made under subsection (1) may incorporate any material by reference, regardless of its source, either as it exists on a particular date or as amended from time to time.

  • Marginal note:No registration or publication

    (3) For greater certainty, a document that is incorporated by reference into a regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

  • Marginal note:Regulations general or specific

    (4) Regulations made under subsection (1) may be made applicable to all persons or one or more classes of persons.

  • Marginal note:Recommendation of Minister of Transport

    (5) Regulations made under subsection (1) in respect of employees and other passengers on a passenger craft, or the passenger craft, shall, in addition to the requirement set out in that subsection, be made on the recommendation of the Minister of Transport.

  • 2014, c. 13, s. 84

Marginal note:Publication of proposed regulations

  •  (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under this Part shall be published in the Canada Gazette and a reasonable opportunity shall be given to interested persons to make representations to the Federal Minister with respect to it.

  • Marginal note:Single publication required

    (2) No proposed regulation need be published more than once under subsection (1) whether or not it is altered or amended as a result of representations made by interested persons as provided in that subsection.

  • 2014, c. 13, s. 84

PART IVRevenue Sharing

Interpretation

Marginal note:Definitions

 The following definitions apply in this Part.

Consumption Tax Acts

Consumption Tax Acts means sections 2 and 3 and Parts I, IIA and IV of the Revenue Act, S.N.S. 1995-96, c. 17, as amended from time to time, and any other Act of the Legislature of the Province, as amended from time to time, as may be prescribed. (lois sur la taxe à la consommation)

Insurance Premiums Tax Act

Insurance Premiums Tax Act means the Insurance Premiums Tax Act, R.S.N.S. 1989, c. 232, as amended from time to time. (Loi sur la taxation des primes d’assurance)

Nova Scotia Income Tax Act

Nova Scotia Income Tax Act means the Income Tax Act, R.S.N.S. 1989, c. 217, as amended from time to time. (Loi néo-écossaise de l’impôt sur le revenu)

Revenue Account

Revenue Account means the account established under section 219. (Compte de recettes)

  • 1988, c. 28, s. 211
  • 2014, c. 13, s. 85

Imposition of Consumption Taxes

Marginal note:Imposition of consumption taxes in offshore area

  •  (1) There shall be imposed, levied and collected under this Part in respect of the offshore area, in accordance with subsection (3), the taxes, interest, penalties and other sums that would be imposed, levied and collected under the Consumption Tax Acts if the offshore area were in the Province.

  • Marginal note:Exception

    (2) Despite subsection (1), if taxes are imposed in respect of any matter under any of the Consumption Tax Acts and taxes would, but for this subsection, be imposed under subsection (1) in respect of that matter, no taxes shall be imposed under subsection (1) in respect of that matter.

  • Marginal note:Application of Nova Scotia legislation

    (3) Subject to this Act and the regulations made under it, the Consumption Tax Acts and the regulations referred to in subsection (3.1) apply, with any modifications that the circumstances require, for the purposes of this Part and, without limiting the generality of the foregoing,

    • (a) a reference in those Acts to Her Majesty in right of the Province is to be read as a reference to Her Majesty in right of Canada;

    • (b) a reference in those Acts to the Province is to be read as a reference to the offshore area; and

    • (c) a reference in those Acts to the Minister responsible for the administration of any of those Acts or to the Provincial Tax Commissioner is to be read as a reference to the Minister of Finance.

  • Marginal note:Nova Scotia regulations

    (3.1) The following regulations apply for the purposes of subsection (3):

    • (a) any regulations made under the Consumption Tax Acts;

    • (b) any regulations made under an Act that was replaced by a Part of the Revenue Act, S.N.S. 1995-96, c. 17, that is referred to in the definition Consumption Tax Acts in section 211 to the extent that those regulations remain in force in accordance with the laws of the Province and are not inconsistent with that Part; and

    • (c) any regulations made under the Sales Tax Act, S.N.S. 1996, c. 31, as amended from time to time.

  • Marginal note:Binding on certain entities

    (4) This section is binding on

    • (a) the corporations mentioned in Schedule I to the Federal-Provincial Fiscal Arrangements Act, if Nova Scotia is a participating province as defined in subsection 31(1) of that Act; and

    • (b) the corporations mentioned in Schedule II to that Act.

  • 1988, c. 28, s. 212
  • 2014, c. 13, s. 85

Imposition of Insurance Premiums Tax

Marginal note:Insurance premiums tax in offshore area

  •  (1) There shall be imposed, levied and collected under this Part in respect of the insurance premiums received by any company with respect to property that is situated in the offshore area at the time the insurance premiums become payable, in accordance with subsection (3), the taxes, interest, penalties and other sums that would be imposed, levied and collected under the Insurance Premiums Tax Act if the property were situated in the Province.

  • Marginal note:Exception

    (2) Despite subsection (1), if taxes are imposed in respect of any matter under the Insurance Premiums Tax Act and taxes would, but for this subsection, be imposed under subsection (1) in respect of that matter, no taxes shall be imposed under subsection (1) in respect of that matter.

  • Marginal note:Application of Nova Scotia legislation

    (3) Subject to this Act and the regulations made under it, the Insurance Premiums Tax Act and the regulations referred to in subsection (3.1) apply, with any modifications that the circumstances require, for the purposes of this Part and, without limiting the generality of the foregoing,

    • (a) a reference in that Act to the Province is to be read as a reference to the offshore area; and

    • (b) a reference in that Act to the Minister of Consumer Affairs is to be read as a reference to the Minister of Finance.

  • Marginal note:Nova Scotia regulations

    (3.1) The following regulations apply for the purposes of subsection (3):

    • (a) any regulations made under the Insurance Premiums Tax Act; and

    • (b) any regulations made under an Act that was replaced by the Insurance Premiums Tax Act, to the extent that those regulations remain in force in accordance with the laws of the Province and are not inconsistent with the Insurance Premiums Tax Act.

  • Definition of company

    (4) In this section, company has the meaning assigned by the definition insurance company in section 2 of the Insurance Premiums Tax Act.

  • 1988, c. 28, s. 213
  • 2014, c. 13, s. 85

Tax Administration Agreement

Marginal note:Power to collect

  •  (1) Subject to subsection 217(1), where a tax administration agreement is entered into pursuant to subsection (3), taxes, interest, penalties and other sums payable under section 212 or 213 may be collected and administered and refunds in respect thereof may be granted by the Government of the Province on behalf of the Government of Canada in accordance with the terms and conditions of the agreement, as amended from time to time pursuant to subsection (4).

  • Marginal note:Negotiation of tax administration agreement

    (2) The Minister of Finance shall, on the request of the Government of the Province, negotiate with the Minister of Finance of the Province a tax administration agreement with respect to the taxes, interest, penalties and other sums imposed under sections 212 and 213.

  • Marginal note:Tax administration agreement

    (3) On completion of the negotiation of a tax administration agreement pursuant to subsection (2), the Minister of Finance, with the approval of the Governor in Council, shall, on behalf of the Government of Canada, enter into a tax administration agreement with the Government of the Province pursuant to which the Government of the Province shall, on behalf of the Government of Canada, collect and administer the taxes, interest, penalties and other sums payable under sections 212 and 213 and, without limiting the generality of the foregoing, grant refunds or make other payments in respect of those taxes, interest, penalties and other sums in accordance with the terms and conditions set out in the agreement.

  • Marginal note:Amendments to the agreement

    (4) The Minister of Finance, with the approval of the Governor in Council, may, on behalf of the Government of Canada, enter into an agreement amending the terms and conditions of any tax administration agreement entered into pursuant to subsection (3).

  • Marginal note:No further liability

    (5) A tax administration agreement may provide that, where any payment is received by the Government of the Province on account of any taxes, interest, penalties or other sums payable by a person under

    • (a) section 212 or 213, or

    • (b) both

      • (i) section 212 or 213, and

      • (ii) the Consumption Tax Acts or the Insurance Premiums Tax Act,

    the payment so received may be applied by the Government of the Province towards the taxes, interest, penalties or other sums payable by the person under any such provision or Act in such manner as is specified in the agreement, notwithstanding that the person directed that the payment be applied in any other manner or made no direction as to its application.

  • Marginal note:Idem

    (6) Any payment or part thereof applied by the Government of the Province in accordance with a tax administration agreement towards the taxes, interest, penalties or other sums payable by a person under section 212 or 213

    • (a) relieves that person of liability to pay such taxes, interest, penalties or other sums to the extent of the payment or part thereof so applied; and

    • (b) shall be deemed to have been applied in accordance with a direction made by that person.

  • Marginal note:Proof of provision of tax administration agreement

    (7) A document purporting to be an agreement entered into pursuant to subsection (3) or (4) that is

    • (a) published in the Canada Gazette, or

    • (b) certified as such by, or on behalf of, the Receiver General, the Deputy Receiver General or the Minister of Finance

    is, in the absence of evidence to the contrary, evidence of the contents thereof and is admissible in evidence without proof of the signature or official character of the person purporting to have certified it.

  • 1988, c. 28, s. 214
  • 2014, c. 13, s. 86

Marginal note:Transfer of powers and duties

  •  (1) Where a tax administration agreement is entered into, the Provincial Minister, on behalf of, or as agent for, the Minister of Finance, is hereby authorized to perform all the duties and to exercise all the powers and any discretion that the Minister of Finance or the Deputy Minister of Finance has under section 212 or 213.

  • Marginal note:Transfer of powers and duties

    (2) If a tax administration agreement is entered into,

    • (a) the Provincial Tax Commissioner of the Province may

      • (i) perform the duties and exercise any power or discretion that the Minister of Finance of the Province has under subsection (1) or otherwise under this Part in relation to the Consumption Tax Acts, and

      • (ii) designate personnel of the Department of Finance of the Province to carry out any functions, perform any duties and exercise any powers that are similar to those that are carried out, exercised or performed by them on behalf of that Minister under the Consumption Tax Acts; and

    • (b) the Minister of Finance of the Province or any other Minister of the Crown in right of the Province that may be designated by the Provincial Government for the purpose may

      • (i) perform the duties and exercise any power or discretion that the Minister of Finance of the Province has under subsection (1) or otherwise under this Part in relation to the Insurance Premiums Tax Act, and

      • (ii) designate personnel of the Department of Finance of the Province, or any other department of the Province for which that Minister is responsible, to carry out any functions, perform any duties and exercise any powers that are similar to those that are carried out, exercised or performed by them on behalf of that Minister under the Insurance Premiums Tax Act.

  • 1988, c. 28, s. 215
  • 2014, c. 13, s. 87

Imposition of Corporate Income Taxes

Marginal note:Imposition of corporate income tax in offshore area

  •  (1) There shall be imposed, levied and collected under this Part in respect of the taxable income earned by, and the taxable capital of, a corporation in a taxation year in the offshore area, in accordance with subsection (3), the taxes, interest, penalties and other sums that would be imposed, levied and collected under the Nova Scotia Income Tax Act in respect of that taxable income and that taxable capital if the offshore area were in the Province.

  • Marginal note:Exception

    (2) Despite subsection (1), if taxes are imposed under the Nova Scotia Income Tax Act in respect of the taxable income earned by, or the taxable capital of, a corporation in a taxation year in the Province and taxes would, in the absence of this subsection, be imposed under subsection (1) in respect of that taxable income or that taxable capital, no taxes shall be imposed under subsection (1) in respect of that taxable income or that taxable capital.

  • Marginal note:Application of Nova Scotia Income Tax Act

    (3) Subject to this Act and the regulations made under it, the Nova Scotia Income Tax Act and any regulations referred to in subsection (3.1) apply, with any modifications that the circumstances require, for the purposes of this Part and, without limiting the generality of the foregoing,

    • (a) a reference in that Act to Her Majesty in right of the Province is to be read as a reference to Her Majesty in right of Canada;

    • (b) a reference in that Act to the Province is to be read as a reference to the offshore area; and

    • (c) a reference in that Act to the “Minister of Finance” is to be read as a reference to

      • (i) in relation to the remittance of any amount as or on account of tax payable under that Act, the Receiver General for Canada, and

      • (ii) in relation to any other matter, the Minister of National Revenue for Canada.

  • Marginal note:Nova Scotia regulations

    (3.1) The following regulations apply for the purposes of subsection (3):

    • (a) any regulations made under the Nova Scotia Income Tax Act; and

    • (b) any regulations made under an Act that was replaced by the Nova Scotia Income Tax Act, to the extent that those regulations remain in force in accordance with the laws of the Province and are not inconsistent with the Nova Scotia Income Tax Act.

  • Marginal note:Determination of taxable income earned in offshore area

    (4) For the purposes of this section, the taxable income of a corporation earned in a taxation year in the offshore area or in the Province shall be determined in accordance with rules prescribed by regulations for the purposes of the definition taxable income earned in the year in a province in subsection 124(4) of the Income Tax Act, and “taxable capital” means taxable capital employed in Canada determined in accordance with Part I.3 of that Act.

  • 1988, c. 28, s. 216
  • 2013, c. 34, s. 369
  • 2014, c. 13, s. 88

Marginal note:Remittance to Receiver General

  •  (1) All taxes, interest, penalties or other sums payable under section 212, 213 or 216 are payable and shall be remitted to the Receiver General.

  • Marginal note:Consolidated Revenue Fund

    (2) On the collection or receipt of any taxes, interest, penalties or other sums by the Government of the Province pursuant to this Part, the taxes, interest, penalties or other sums shall be deposited as soon as practicable to the credit of the Receiver General and paid into the Consolidated Revenue Fund in the manner prescribed by the Treasury Board under the Financial Administration Act.

  • Marginal note:Collection of excess sums

    (3) Every person who knowingly collects or receives any sum of money as taxes under this Part in circumstances where the sum is not payable shall forthwith

    • (a) refund the sum to the person from whom the taxes were collected; or

    • (b) if the person referred to in paragraph (a) is not known or readily ascertainable, pay the sum to the Receiver General.

  • 1988, c. 28, s. 217
  • 2015, c. 4, s. 103(F)

Liability and Collection of Tax

Marginal note:Debts due to Her Majesty

 All taxes, interest, penalties or other sums payable under section 212, 213 or 216 are debts due to Her Majesty in right of Canada and are recoverable as such from the person required to pay the taxes, interest, penalties or other sums in any court of competent jurisdiction or in any other manner provided by the laws made applicable by this Part.

Revenue Account

Marginal note:Revenue Account

  •  (1) There shall be established in the accounts of Canada a specified purpose account to be known as the Nova Scotia Offshore Revenue Account.

  • Marginal note:Payment

    (2) The Federal Minister shall, at the times and in the manner prescribed,

    • (a) credit the Revenue Account with

      • (i) where the Government of the Province has agreed to collect and is collecting in accordance with a tax administration agreement entered into pursuant to section 214, on behalf of the Government of Canada, taxes, interest, penalties and other sums payable under sections 212 and 213, an amount equal to the aggregate of the amounts on account of taxes, interest, penalties and other sums collected pursuant to those sections during any fiscal year, after taking into account any refunds, remissions or other payments that are applicable in respect of such taxes, interest, penalties and other sums,

      • (ii) an amount equal to the aggregate of the amounts assessed or reassessed in respect of any fiscal year on account of taxes imposed pursuant to section 216, after taking into account any credits, reductions, deductions, rebates, surtaxes and remissions that are applicable in respect of such taxes,

      • (iii) where the Government of the Province and the Board have entered into an agreement pursuant to section 100 and the Board is collecting, in accordance with the agreement, on behalf of the Government of Canada, royalties payable under section 99, an amount equal to the aggregate of such royalties that have been collected during any fiscal year,

      • (iv) an amount equal to the aggregate of any amounts, other than those referred to in subparagraph (iii), received and not required to be returned during any fiscal year under Part II or Part III or any regulations made thereunder, and

      • (v) an amount equal to the aggregate of the amounts that would have been payable to Her Majesty in right of Nova Scotia pursuant to section 67 of the Canada-Nova Scotia Oil and Gas Agreement Act, chapter 29 of the Statutes of Canada, 1984, as it read immediately prior to the day on which this section comes into force, if that section had not been repealed, on account of amounts referred to in paragraphs (e) and (f) of the definition offshore revenue in subsection 63(1) of that Act if such amounts had not been transferred to the Nova Scotia Offshore Oil and Gas Resource Revenue Fund established by section 66 of that Act prior to that day or if such amounts had been so transferred prior to that day, they had not been paid to Her Majesty in right of the Province prior to that day; and

    • (b) pay to Her Majesty in right of the Province, at the time and in the manner prescribed, any amount credited to the Revenue Account pursuant to paragraph (a).

  • Marginal note:Excess recoverable

    (3) Where, pursuant to subsection (2), Her Majesty in right of the Province has received any amount in excess of the amount to which it is entitled, the Federal Minister may recover as a debt due to Her Majesty in right of Canada an amount equal to such excess from any moneys that may be or may become payable to Her Majesty in right of the Province pursuant to subsection (2) or under any other Act of Parliament.

Jurisdiction of Courts

Marginal note:Jurisdiction of courts

  •  (1) Every court in the Province has jurisdiction in respect of matters arising in the offshore area under this Part or Division VI of Part II or under any laws made applicable by this Part or that Division to the offshore area, to the same extent as the court has jurisdiction in respect of matters arising within its ordinary territorial division.

  • Marginal note:Presumption

    (2) For the purposes of subsection (1), the offshore area shall be deemed to be within the territorial limits of Halifax District.

  • Marginal note:Saving

    (3) Nothing in this section limits the jurisdiction that a court may exercise apart from this section.

  • Definition of court

    (4) In this section, court includes a judge thereof and any provincial court judge or justice.

  • 1988, c. 28, s. 220
  • 2014, c. 13, s. 89

Regulations

Marginal note:Regulations

 The Governor in Council may, on the recommendation of the Minister of Finance, make regulations

  • (a) excluding, for the purposes of this Act, any provision or any part of a provision of the following that is inconsistent with this Act, the Accord or any bilateral or international treaty, convention or agreement respecting taxation, tariffs or trade to which the Government of Canada is a signatory:

    • (i) the Offshore Petroleum Royalty Act or any regulation made under it,

    • (ii) the Consumption Tax Acts or any regulation referred to in subsection 212(3.1),

    • (iii) the Insurance Premiums Tax Act or any regulation referred to in subsection 213(3.1), or

    • (iv) the Nova Scotia Income Tax Act or any regulation referred to in subsection 216(3.1); and

  • (b) prescribing anything that is by this Part to be prescribed.

  • 1988, c. 28, s. 221
  • 2014, c. 13, s. 90

Appropriation

Marginal note:Appropriation

 In respect of any fiscal year, the Federal Minister may pay out of the Consolidated Revenue Fund, at such times and in such manner as may be prescribed,

  • (a) an amount to Her Majesty in right of the Province on account of amounts that have been refunded or reimbursed during that fiscal year by the Government of the Province to taxpayers in respect of taxes paid under this Part; and

  • (b) amounts payable during that fiscal year to Her Majesty in right of the Province pursuant to paragraph 219(2)(b).

PART V[Repealed, 2015, c. 4, s. 104]

 [Repealed, 2015, c. 4, s. 104]

 [Repealed, 2015, c. 4, s. 104]

 [Repealed, 2015, c. 4, s. 104]

 [Repealed, 2015, c. 4, s. 104]

 [Repealed, 2015, c. 4, s. 104]

 [Repealed, 2015, c. 4, s. 104]

 [Repealed, 2015, c. 4, s. 104]

 [Repealed, 2015, c. 4, s. 104]

 [Repealed, 2015, c. 4, s. 104]

 [Repealed, 2015, c. 4, s. 104]

PART VI[Repealed, 2015, c. 4, s. 104]

 [Repealed, 2015, c. 4, s. 104]

 [Repealed, 2015, c. 4, s. 104]

 [Repealed, 2015, c. 4, s. 104]

 [Repealed, 2015, c. 4, s. 104]

 [Repealed, 2015, c. 4, s. 104]

 [Repealed, 2015, c. 4, s. 104]

PART VIIDrilling Fund

Interpretation

Marginal note:Definitions

 In this Part,

Canadian development expense

Canadian development expense has the meaning assigned by paragraph 66.2(5)(a) of the Income Tax Act, except that

  • (a) there shall be excluded from that meaning any Canadian exploration and development overhead expense, and

  • (b) all that portion of that paragraph following clause (vii)(C) thereof shall be read as follows:

“but any amount of assistance or benefit that a taxpayer has received, is entitled to receive or can reasonably be expected to receive after May 25, 1976 from a government, municipality or other public authority in respect of or related to his Canadian development expense, whether as a grant, subsidy, forgivable loan, deduction from royalty or tax, investment allowance or any other form of assistance or benefit, other than an investment tax credit in respect of a qualified Canadian exploration expenditure, shall reduce the amount of any of the expenses described in any of subparagraphs (i) to (v); and”; (frais d’aménagement au Canada)

Canadian exploration and development overhead expense

Canadian exploration and development overhead expense has the meaning assigned by subsection 1206(1) of the Income Tax Regulations; (frais généraux d’exploration et d’aménagement au Canada)

Canadian exploration expense

Canadian exploration expense has the meaning assigned by paragraph 66.1(6)(a) of the Income Tax Act, except that

  • (a) there shall be excluded from that meaning any Canadian exploration and development overhead expense and any expense referred to in subparagraph (i) thereof,

  • (b) any reference in that paragraph to any expense incurred in drilling or completing an oil or gas well in Canada shall be read as including, with such modifications as the circumstances require, a reference to

    • (i) any expense incurred in respect of an exploratory probe in the offshore area, and

    • (ii) any expense incurred in respect of a well in relation to a three dimensional seismic survey, an engineering study or an analytical study for the purpose of determining the location or extent of an accumulation of petroleum in the offshore area, and

  • (c) all that portion of that paragraph following clause (vii)(C) thereof shall be read as follows:

“but any amount of assistance or benefit that a taxpayer has received, is entitled to receive or can reasonably be expected to receive after May 25, 1976 from a government, municipality or other public authority in respect of or related to a Canadian exploration expense, whether as a grant, subsidy, forgivable loan, deduction from royalty or tax, investment allowance or any other form of assistance or benefit, other than an investment tax credit in respect of a qualified Canadian exploration expenditure, shall reduce the amount of any of the expenses described in any of subparagraphs (i) to (v); and”; (frais d’exploration au Canada)

investment tax credit

investment tax credit has the meaning assigned by subsection 127(9) of the Income Tax Act; (crédit d’impôt à l’investissement)

Nova Scotia Resources (Ventures) Limited

Nova Scotia Resources (Ventures) Limited means the company incorporated on November 20, 1981 under the Companies Act, Chapter 42 of the Revised Statutes of Nova Scotia, 1967; (Société)

qualified Canadian exploration expenditure

qualified Canadian exploration expenditure has the meaning assigned by subsection 127(9) of the Income Tax Act. (dépense admissible d’exploration au Canada)

Drilling Assistance

Marginal note:Assistance to Nova Scotia Resources (Ventures) Limited

  •  (1) Subject to subsection (2), the Federal Minister may, on application, make payments to Nova Scotia Resources (Ventures) Limited in respect of Canadian exploration expenses and Canadian development expenses incurred by Nova Scotia Resources (Ventures) Limited that could contribute to early development of petroleum in the offshore area.

  • Marginal note:Limitation

    (2) Payments made by the Federal Minister pursuant to subsection (1) shall not exceed fifty per cent of the aggregate of the Canadian exploration expenses and Canadian development expenses incurred in respect of wells

    • (a) subject to paragraph (b), the drilling of which began during the period commencing on August 27, 1986 and ending on December 31, 1991, or

    • (b) in the case of expenses referred to in subparagraph (b)(ii) of the definition Canadian exploration expense in section 239, during the period referred to in paragraph (a),

    to the extent that those expenses are reasonable in the circumstances.

Marginal note:Transitional assistance

 The Federal Minister may, on application, make payments to Nova Scotia Resources (Ventures) Limited equal, in the aggregate, to the amount of interest incurred by Nova Scotia Resources (Ventures) Limited on money borrowed in order to finance activities in relation to the exploration or development of oil or gas in the offshore area to the extent that

  • (a) the cost of the interest is reasonable in the circumstances;

  • (b) the interest was incurred during the period commencing on August 27, 1986 and ending on the date on which this Part comes into force; and

  • (c) the interest is in respect of borrowed money that, in the aggregate, is equal to or less than the aggregate of all amounts payable by the Federal Minister pursuant to section 240 in respect of expenses incurred during the period referred to in paragraph (b).

Appropriation

Marginal note:Appropriation

 There may be paid out of the Consolidated Revenue Fund, for the purpose of making payments pursuant to sections 240 and 241, amounts not exceeding, in the aggregate, the sum of twenty-five million dollars.

Administration

Marginal note:Documents, records and books

 Nova Scotia Resources (Ventures) Limited shall keep documents, records and books of account at a place of business or other prescribed place in Canada in such form and containing such information as will enable the Federal Minister to determine the amount of any payment that should be made pursuant to section 240 or 241.

Marginal note:Audit or examination

 Nova Scotia Resources (Ventures) Limited shall, for the purpose of audit or examination,

  • (a) make the documents, records and books of account kept pursuant to section 243 available at all reasonable times to any person authorized by the Federal Minister for the purpose; and

  • (b) give all reasonable assistance to a person authorized by the Federal Minister to carry out the audit or examination, provide access to all relevant sites, answer, orally or in writing, as required, all questions relating to the audit or examination and provide all information, documentation and copies required for the purpose of the audit or examination.

Regulations

Marginal note:Regulations

 Subject to section 6, the Governor in Council may make regulations for carrying out the purposes and provisions of this Part and, without restricting the generality of the foregoing, may make regulations

  • (a) prescribing the manner of making an application for payment under this Part and the time when it is to be made;

  • (b) where the Federal Minister has made an overpayment under this Part, requiring Nova Scotia Resources (Ventures) Limited to repay such overpayment and interest thereon to the Federal Minister in accordance with the regulations and prescribing the amount of interest to be paid in respect of such an overpayment and the manner in which and time when the amount of any such overpayment and any interest thereon is to be repaid; and

  • (c) permitting, in the calculation of Canadian development expenses or Canadian exploration expenses, any expense to be included that would otherwise be excluded pursuant to paragraph (a) of the definition of that term in section 239.

  • 1988, c. 28, s. 245
  • 1994, c. 26, s. 17(F)

PART VIIICrown Share Adjustment Payments

Interpretation

Marginal note:Definitions

  •  (1) In this Part,

    average annual cost to the Province of borrowing money

    average annual cost to the Province of borrowing money means the average annual rate of interest, determined in the manner prescribed, that would be incurred by the Province on borrowed money if the money were borrowed during the period of twelve months immediately preceding the date of the determination of the threshold rate of return; (coût d’emprunt annuel moyen)

    deemed profit

    deemed profit[Repealed, 2009, c. 31, s. 47]

    fiscal incentive

    fiscal incentive[Repealed, 2009, c. 31, s. 47]

    former Act

    former Act[Repealed, 2009, c. 31, s. 47]

    offshore revenue threshold

    offshore revenue threshold[Repealed, 2009, c. 31, s. 47]

    project

    project means a work or activity resulting in the production of petroleum in the offshore area that is required to be authorized pursuant to paragraph 142(1)(b). (projet)

    threshold rate of return

    threshold rate of return[Repealed, 2009, c. 31, s. 47]

  • (2) [Repealed, 2015, c. 4, s. 105]

  • 1988, c. 28, s. 246
  • 2009, c. 31, s. 47
  • 2015, c. 4, s. 105

Adjustment Payments

Marginal note:Adjustment payment

  •  (1) Subject to this section, the Federal Minister may, on behalf of Her Majesty in right of Canada, pay an amount to Her Majesty in right of the Province equal to seventy-five per cent of the profit realized on or after April 1, 2010, and determined in the manner prescribed, in respect of a project.

  • Marginal note:Restriction

    (2) No payment shall be made pursuant to subsection (1) in respect of a project unless the Provincial Minister demonstrates to the satisfaction of the Federal Minister that the rate of return in respect of that project that would have been obtained on behalf of Her Majesty in right of the Province, calculated in the manner prescribed, is equal to or greater than an annual rate of return on invested capital that is equal to the lesser of 20% and the aggregate of 7% and the average annual cost to the Province of borrowing money.

  • Marginal note:Exception

    (2.1) Subsection (2) does not apply in respect of the Sable Offshore Energy Project and the Deep Panuke Offshore Gas Development Project.

  • Marginal note:Reduction for fiscal incentives

    (3) The aggregate amount of payments made pursuant to subsection (1) in respect of any project shall be reduced by the aggregate amount, determined in the manner prescribed, of all fiscal incentives and any other benefits that are

    • (a) established by or pursuant to an Act of Parliament;

    • (b) prescribed for the purposes of this Part or approved in the manner prescribed; and

    • (c) received in respect of the project.

  • Marginal note:Exception

    (3.1) Subsection (3) does not apply in respect of fiscal incentives and other benefits generally prevailing in Canada.

  • Marginal note:Time of payments

    (4) Subject to the regulations, a payment made pursuant to subsection (1) shall be made annually, not later than six months after the end of each fiscal year.

  • Marginal note:Exception

    (5) If the per capita fiscal capacity of the Province in respect of any fiscal year is equal to or greater than the national average per capita fiscal capacity in respect of that fiscal year, no payment shall be made under subsection (1) in respect of that fiscal year. The per capita fiscal capacity of the Province and the national average per capita fiscal capacity shall be determined in accordance with section 247.1.

  • (6) [Repealed, 2009, c. 31, s. 48]

  • 1988, c. 28, s. 247
  • 2009, c. 31, s. 48
  • 2015, c. 4, s. 106

Marginal note:Definitions

  •  (1) The following definitions apply in this section.

    Fiscal Arrangements Act

    Fiscal Arrangements Act means the Federal-Provincial Fiscal Arrangements and Federal Post-Secondary Education and Health Contributions Act, 1977. (loi de 1977)

    national average per capita fiscal capacity

    national average per capita fiscal capacity means the per capita fiscal capacity of all of the provinces. (moyenne nationale)

    province

    province does not include Yukon, the Northwest Territories or Nunavut. (province)

  • Marginal note:Per capita fiscal capacity of Province and national average

    (2) For the purposes of subsection 247(5), the per capita fiscal capacity of the Province and the national average per capita fiscal capacity in respect of any fiscal year shall be determined by the Minister of Finance by dividing the aggregate of the estimated revenues of the Province or of all provinces, as the case may be, in respect of the fiscal year, as determined in accordance with subsection (3), by the population of the Province or of all provinces, as the case may be, in respect of the fiscal year.

  • Marginal note:Estimated revenues

    (3) The aggregate of the estimated revenues of the Province or of all provinces, as the case may be, in respect of any fiscal year shall be determined by

    • (a) describing the sources from which are or may be derived the aggregate of the following revenues, namely:

      • (i) the aggregate of the revenues derived by all provinces in respect of the fiscal year from all sources described in the definition revenue source in subsection 4(2) of the Fiscal Arrangements Act as it read on April 1, 1982,

      • (ii) the aggregate of the revenues that are

        • (A) derived by all municipalities, boards, commissions and other local authorities from the sources described in paragraphs (z) and (bb) of the definition revenue source in subsection 4(2) of the Fiscal Arrangements Act as it read on April 1, 1982, and

        • (B) deemed by virtue of subsection 4(5) of the Fiscal Arrangements Act as it read on April 1, 1982 to be derived by a province in respect of the fiscal year, and

      • (iii) the aggregate of the revenues derived by all provinces in respect of the fiscal year and by all municipalities, boards, commissions and other local authorities in respect of their financial years ending in the fiscal year that

        • (A) are not included in subparagraph (i) or (ii), and

        • (B) are included in the computation of fiscal equalization payments for the fiscal year under the Fiscal Arrangements Act;

      as those sources are described in the definition revenue source in subsection 4(2) of the Fiscal Arrangements Act, varying the description of such sources to take into account the changes and factors referred to in subsection (4);

    • (b) defining the expression revenue base, in respect of each distinct source described in paragraph (a), for a province in respect of the fiscal year, that relates to the measure of the relative capacity of the province to derive revenue from that source for that fiscal year,

    • (c) estimating the amount of each revenue base defined in paragraph (b), in respect of each source described in paragraph (a), for the Province or all provinces, as the case may be, for the fiscal year;

    • (d) estimating the amount of the revenues of the Province or all provinces, as the case may be, in respect of each source described in paragraph (a) for the fiscal year by multiplying

      • (i) the national average rate of tax for the fiscal year in respect of that source, and

      • (ii) the amount of the revenue base estimated under paragraph (c) in respect of that source for the Province or all provinces, as the case may be, for the fiscal year; and

    • (e) adding the amounts of the revenues of the Province or of all provinces, as the case may be, estimated under paragraph (d) in respect of all sources described in paragraph (a).

  • Marginal note:Changes and factors

    (4) For the purposes of paragraph (3)(a) and subparagraph (3)(b)(ii), the following changes and factors should be taken into account, namely,

    • (a) changes in any laws of a province relating to taxation that apply in respect of fiscal years subsequent to the fiscal year beginning on April 1, 1982;

    • (b) changes to improve the accuracy of comparisons among provinces of relative capacity to derive revenue from any source described in paragraph (3)(a);

    • (c) changes made by statistical agencies to statistical data or methods used to measure the relative capacities of provinces to derive revenue from any such source; and

    • (d) any other factors that, in the opinion of the Minister of Finance, are relevant to the circumstances.

  • Marginal note:Average rate of tax

    (5) For the purposes of paragraph (3)(d) the national average rate of tax for a fiscal year in respect of a source is the quotient obtained by dividing

    • (a) the aggregate of the total revenues, as determined by the Minister of Finance, derived by all provinces for the fiscal year from that source, whether or not the total revenues or any portion thereof are included in the computation of the fiscal equalization payments to provinces for the fiscal year under Part I of the Fiscal Arrangements Act

    by

    • (b) the revenue base estimated under paragraph (3)(c) in respect of that source for all provinces for that fiscal year.

  • Marginal note:Determination of population

    (6) For the purposes of this section, the population of a province for a fiscal year is the population of that province for that fiscal year, as determined for the purposes of Part I of the Fiscal Arrangements Act.

  • 2015, c. 4, s. 107

Regulations

Marginal note:Regulations

 Subject to section 6, the Governor in Council may make regulations, on the recommendation of the Minister,

  • (a) respecting, for the purpose of section 247, the information that must be provided to the Federal Minister in order for a profit to be determined in respect of a project;

  • (b) respecting the making of payments pursuant to subsection 247(1) if the Minister determines that the Minister has underpaid any amount payable under that subsection;

  • (c) respecting the recovery of overpayments made pursuant to subsection 247(1); and

  • (d) prescribing anything that is, by this Part, to be prescribed.

  • 1988, c. 28, s. 248
  • 2009, c. 31, s. 50

Appropriation

Marginal note:Appropriation

 In respect of any fiscal year, the Federal Minister may pay out of the Consolidated Revenue Fund, at such times and in such manner as may be prescribed, amounts payable during that fiscal year to Her Majesty in right of the Province pursuant to subsection 247(1).

PART IXCorporate Income Tax

 [Amendments]

PART XTransitional, Consequential, Repeal and Coming into Force

Transitional

Marginal note:Initial payment to environmental studies fund during transitional period

 Notwithstanding section 49 of the Canada Oil and Gas Act as it read immediately before the coming into force of this section, where an exploration agreement in relation to any portion of the offshore area was entered into or negotiations in respect thereof were completed under the Canada Oil and Gas Act on or after August 26, 1986, and before the coming into force of Part VII of the Canada Petroleum Resources Act,

  • (a) the interest owner shall deposit for payment into the relevant fund an amount determined in accordance with subsection 81(2) of the Canada Petroleum Resources Act; and

  • (b) where, prior to the coming into force of this section, there has been deposited for payment into the relevant fund in relation to that exploration agreement an amount determined in accordance with section 49 of the Canada Oil and Gas Act as it read immediately before the coming into force of this section, the Minister may refund to the interest owner an amount equal to the difference between that amount and the amount required to be deposited under paragraph (a).

Consequential Amendments

 [Amendments to other Acts]

Repeal

Marginal note:Repeal

  •  (1) Subject to subsections (2) and (3), the Canada-Nova Scotia Oil and Gas Agreement Act, chapter 29 of the Statutes of Canada, 1984, is repealed.

  • Marginal note:Idem

    (2) Part II of and Schedule IV to the Canada-Nova Scotia Oil and Gas Agreement Act are repealed with respect to sales and other transactions occurring after the day on which section 212 of this Act comes into force.

  • Marginal note:Idem

    (3) Part III of the Canada-Nova Scotia Oil and Gas Agreement Act is repealed on the day on which section 219 of this Act comes into force.

Coming into Force

Marginal note:Coming into force

  • Footnote * (1) Subject to subsection (2), this Act or any provision thereof shall come into force on a day or days to be fixed by proclamation.

  • Marginal note:Idem

    (2) Section 216 and Part IX are applicable to taxation years commencing after December 22, 1989.

    • Return to footnote *[Note: Act, except Division VIII of Part II, in force December 22, 1989, see SI/90-9; Division VIII of Part II in force October 1, 1990, see SI/90-152.]

  • 1988, c. 28, s. 267
  • 1991, c. 49, s. 238

SCHEDULE I(Sections 2 and 5)Limits of the Offshore Area

(Except where otherwise indicated, all latitudes and longitudes referred to in this Schedule are determined according to NAD 27.)

The inner limit of the offshore area is the low water mark of Nova Scotia, except that

  • (a) in the vicinity of Chignecto Bay, the inner limit is a straight line from the most southerwesterly point on the most northwesterly point on the low water mark at Cape Chignecto (N.S.) to a point at latitude 45° 24′ 10″ longitude 65° 03′ 31″, being on a line between that point at Cape Chignecto (N.S.) and Martin Head (N.B.);

  • (b) in the vicinity of Minas Channel, the inner limit is a straight line from the most southerwesterly point on the low water mark at Cape Chignecto (N.S.) to the most northwesterly point on the low water mark at Long Point (N.S.);

  • (c) in the vicinity of St. Mary’s Bay, the inner limit is a straight line from the most southerly point on the low water mark at Long Island (N.S.) to the low water mark at the nearest point on the mainland, being approximately two kilometres southwesterly of Meteghan (N.S.);

  • (d) in the vicinity of Chedabucto Bay, the inner limit is a straight line from the most easterly point on the low water mark at Glasgow Head (N.S.) to the most southwesterly point on the low water mark at Red Point (N.S.);

  • (e) in the vicinity of St. George’s Bay, the inner limit is a straight line from the most easterly point on the low water mark at Cape George Point (N.S.) to the most westerly point on the low water mark at McKays Point (N.S.); and

  • (f) in any bay where a straight closing line of ten kilometres or less may be drawn between points on the low water mark of the bay so that the area of the bay landward of the closing line is greater than that of a semi-circle whose diameter is the closing line, the inner limit is the closing line; and for the purposes of this paragraph,

    • (i) “bay” includes harbour, port, cove, sound, channel, basin or other inlet,

    • (ii) the closing line shall be drawn in such manner as to enclose a maximum area of the bay, and

    • (iii) the area of the bay shall be calculated as including any islands or parts of islands lying landward of the closing line and as excluding any area above the low water mark along the coast of the bay.

      The outer limit of the offshore area is as follows:

      Commencing at the most northerly point of the boundary between the Provinces of Nova Scotia and New Brunswick in the mouth of the Tidnish River, the limit runs

      northerly in a straight line to a point at latitude 46° 01′ 10″ and longitude 64° 02′ 34″, being approximately on the middle thread of Baie Verte;

      thence easterly in a straight line to a point at latitude 46° 02′ 18″ and longitude 63° 49′ 09″, being approximately the midpoint between Coldspring Head (N.S.) and Cape Tormentine (N.B.);

      thence northeasterly in a straight line to a point at latitude 46° 04′ 30″ and longitude 63° 39′ 34″, being approximately the midpoint between Coldspring Head (N.S.) and MacIvors Point (P.E.I.);

      thence southeasterly in a straight line to a point at latitude 45° 59′ 45″ and longitude 63° 19′ 41″, being approximately the midpoint between Cape Cliff (N.S.) and Rice Point (P.E.I.);

      thence southeasterly in a straight line to a point at latitude 45° 55′ 38″ and longitude 63° 05′ 06″, being approximately the midpoint between Cape John (N.S.) and Prim Point (P.E.I.);

      thence southeasterly in a straight line to a point at latitude 45° 51′ 30″ and longitude 62° 43′ 30″, being approximately the midpoint between Caribou Island (N.S.) and Wood Islands (P.E.I.);

      thence northeasterly in a straight line to a point at latitude 45° 53′ 51″ and longitude 62° 33′ 31″, being approximately the midpoint between Pictou Island (N.S.) and the most southerly point of Cape Bear peninsula (P.E.I.);

      thence northeasterly in a straight line to a point at latitude 45° 56′ 43″ and longitude 62° 13′ 06″, being approximately the midpoint between Livingstone Cove (N.S.) and Murray Head (P.E.I.);

      thence northeasterly in a straight line to a point at latitude 46° 19′ 09″ and longitude 61° 41′ 56″, being approximately the mid point between Sight Point (N.S.) and East Point (P.E.I.);

      thence northeasterly in a straight line to a point at latitude 46° 50′ 24″ and longitude 61° 24′ 01″, being in the direction of the midpoint between White Capes (N.S.) and Île d’Entrée (Que.), but terminating at an east-west line through the midpoint between Cable Head (P.E.I.) and Cap du Sud (Que.);

      thence northeasterly in a straight line to a point at latitude 47° 00′ 35″ and longitude 61° 21′ 05″, being approximately the midpoint between White Capes (N.S.) and the south-east corner of the Île du Havre Aubert (Que.);

      thence northeasterly in a straight line to a point at latitude 47° 19′ 46″ and longitude 60° 59′ 34″, being approximately the midpoint between Cape St. Lawrence (N.S.) and Pointe de l’Est (Que.);

      thence northeasterly in a straight line to a point at latitude 47° 25′ 24″ and longitude 60° 45′ 49″, being approximately the midpoint between St. Paul Island (N.S.) and Pointe de l’Est (Que.);

      thence northeasterly in a straight line to a point, delimited in the award of the arbitration tribunal in conclusion of the second phase of arbitration between the provinces of Nova Scotia and Newfoundland and Labrador on March 26, 2002, at latitude 47° 45′ 41.8″ and longitude 60° 24′ 12.5″ (NAD 83);

      thence, as delimited in the award of March 26, 2002, southeasterly along a geodesic line to a point at latitude 47° 25′ 31.7″ and longitude 59° 43′ 37.1″ (NAD 83);

      thence, as delimited in the award of March 26, 2002, southeasterly along a geodesic line to a point at latitude 46° 54′ 48.9″ and longitude 59° 00′ 34.9″ (NAD 83);

      thence, as delimited in the award of March 26, 2002, southeasterly along a geodesic line to a point at latitude 46° 22′ 51.7″ and longitude 58° 01′ 20.0″ (NAD 83);

      thence, as delimited in the award of March 26, 2002, southeasterly along the following geodesic lines, but only as far as the point of intersection between one of those lines and the outer edge of the continental margin as determined by international law:

      along a geodesic line from the previous point to a point at latitude 46° 17′ 25.1″ and longitude 57° 53′ 52.7″ (NAD 83),

      thence along a geodesic line to a point at latitude 46° 07′ 57.7″ and longitude 57° 44′ 05.1″ (NAD 83),

      thence along a geodesic line to a point at latitude 45° 41′ 31.4″ and longitude 57° 31′ 33.5″ (NAD 83),

      thence along a geodesic line to a point at latitude 44° 55′ 51.9″ and longitude 57° 10′ 34.0″ (NAD 83),

      thence along a geodesic line to a point at latitude 43° 14′ 13.9″ and longitude 56° 23′ 55.7″ (NAD 83),

      thence along a geodesic line to a point at latitude 42° 56′ 48.5″ and longitude 56° 16′ 52.1″ (NAD 83),

      thence along a geodesic line to a point at latitude 42° 03′ 46.3″ and longitude 55° 54′ 58.1″ (NAD 83),

      thence along a geodesic line to a point at latitude 41° 45′ 00.8″ and longitude 55° 47′ 31.6″ (NAD 83),

      thence along a geodesic line to a point at latitude 41° 42′ 24.7″ and longitude 55° 46′ 23.8″ (NAD 83),

      thence along a geodesic line to a point at latitude 41° 06′ 19.2″ and longitude 55° 36′ 10.9″ (NAD 83),

      thence along a geodesic line to a point at latitude 40° 58′ 21.7″ and longitude 55° 34′ 23.3″ (NAD 83),

      thence along a geodesic line on an azimuth of 166° 19′ 50″;

      thence in a general westerly direction along the outer edge of the continental margin to its intersection with the southeasterly production of the geodetic line from point C to point D of the Single Maritime Boundary between Canada and the United States of America, said Boundary constituted by the Judgment of the Chamber of the International Court of Justice at The Hague on October 12, 1984;

      thence northwesterly along the production of said geodetic line to point D of said Single Maritime Boundary and being at latitude 40° 27′ 05″ and longitude 65° 41′ 59″ as shown in said Judgment;

      thence northwesterly along the geodetic line from point D to point C being a portion of said Single Maritime Boundary, point C being at latitude 42° 31′ 08″ and longitude 67° 28′ 05″ as shown in said Judgment;

      thence northwesterly along the geodetic line from point C to point B being a portion of said Single Maritime Boundary, point B being at latitude 42° 53′ 14″ and longitude 67° 44′ 35″ as shown in said Judgment;

      thence northerly along the geodetic line running from point B to point A to the point where the Boundary intersects a straight line drawn on an azimuth of 225° 00′ 00″ from a point at latitude 44° 25′ 03″ and longitude 66° 38′ 47″, being approximately the midpoint between Whipple Point on Brier Island (N.S.) and Southwest Head on Grand Manan Island (N.B.);

      thence northeasterly in a straight line to that point at latitude 44° 25′ 03″ and longitude 66° 38′ 47″;

      thence northeasterly in a straight line to a point at latitude 44° 26′ 09″ and longitude 66° 32′ 32″, being approximately the midpoint between Brier Island (N.S.) and White Head Island (N. B.);

      thence northeasterly in a straight line to a point at latitude 44° 50′ 16″ and longitude 66° 11′ 39″, being approximately the midpoint between Gullivers Head (N.S.) and Point Lepreau (N.B.);

      thence northeasterly in a straight line to a point at latitude 45° 00′ 14″ and longitude 65° 43′ 36″, being approximately the midpoint between the west promontory of Parkers Cove (N.S.) and Cape Spencer (N.B.);

      thence northeasterly in a straight line to a point at latitude 45° 22′ 19″ and longitude 65° 05′ 31″, being approximately the midpoint between Isle Haute (N.S.) and Martin Head (N.B.);

      thence northeasterly in a straight line to a point at latitude 45° 24′ 10″ and longitude 65° 03′ 31″, being a point on the inner limit.

  • 1988, c. 28, Sch. I
  • SOR/2003-193

SCHEDULE II(Section 2)Limits of the Bay of Fundy

(All latitudes and longitudes referred to in this Schedule are determined according to N.A.D. 27 datum.)

Commencing at a point on the low water mark on the northwest side of Brier Island (N.S.), being the intersection of the low water mark and the parallel of latitude 44° 15′ 00″, the limits run

west along the parallel of latitude 44° 15′ 00″ to a point being the intersection of that parallel of latitude and a straight line drawn on an azimuth of 225° 00′ 00″ from a point at latitude 44° 25′ 03″ and longitude 66° 38′ 47″;

thence along the outer and inner limits of the offshore area, as described in Schedule I, in the Bay of Fundy to the point of commencement.

SCHEDULE III(Section 2)Limits of Sable Island

(All latitudes and longitudes referred to in this Schedule are determined according to N.A.D. 27 datum.)

Commencing at a point at latitude 44° 01′ 00″ and longitude 60° 35′ 00″, the limits run

northeasterly in a straight line to a point at latitude 44° 03′ 00″ and longitude 60° 25′ 00″;

thence southeasterly in a straight line to a point at latitude 43° 58′ 00″ and longitude 60° 00′ 00″;

thence easterly along the parallel of latitude 43° 58′ 00″ to a point at longitude 59° 50′ 00″;

thence northeasterly in a straight line to a point at latitude 44° 09′ 00″ and longitude 59° 29′ 00″;

thence southwesterly in a straight line to a point at latitude 43° 56′ 00″ and longitude 59° 42′ 00″;

thence southwesterly in a straight line to a point at latitude 43° 53′ 00″ and longitude 60° 04′ 00″;

thence northwesterly in a straight line to a point at latitude 43° 57′ 00″ and longitude 60° 25′ 00″;

thence northwesterly in a straight line to the point of commencement.

SCHEDULE IV(Sections 104 and 141)Limits of the Portion of the Offshore Area Referred to in Sections 104 and 141

(All latitudes and longitudes referred to in this schedule are determined according to the NAD 27 datum. All parallels of latitude referred to in this schedule are to be determined in such a manner that they are parallel with boundaries of grid areas as defined by the Canada Oil and Gas Land Regulations.)

Commencing at the intersection of latitude 42° 30′ 00″ N and the geodetic line from point C to point D of the Single Maritime Boundary between Canada and the United States of America, at approximate longitude 67° 27′ 05″ W. said boundary constituted by the Judgement of the Chamber of the International Court of Justice at The Hague on October 12, 1984, said point C being at latitude 42° 31′ 08″ N and longitude 67° 28′ 05″ W and said point D being at latitude 40° 27′ 05″ N and longitude 65° 41′ 59″ W as shown in said Judgement;

thence easterly along latitude 42° 30′ 00″ N to longitude 66° 30′ 00″ W;

thence south along longitude 66° 30′ 00″ W to latitude 42° 25′ 00″ N;

thence easterly along latitude 42° 25′ 00″ N to longitude 65° 45′ 00″ W;

thence south along longitude 65° 45′ 00″ W to latitude 42° 20′ 00″ N;

thence easterly along latitude 42° 20′ 00″ N to longitude 65° 37′ 30″ W;

thence south along longitude 65° 37′ 30″ W to latitude 42° 10′ 00″ N;

thence easterly along latitude 42° 10′ 00″ N to longitude 65° 30′ 00″ W;

thence south along longitude 65° 30′ 00″ W to latitude 42° 05′ 00″ N;

thence easterly along latitude 42° 05′ 00″ N to longitude 65° 22′ 30″ W;

thence south along longitude 65° 22′ 30″ W to latitude 41° 50′ 00″ N;

thence westerly along latitude 41° 50′ 00″ N to longitude 65° 30′ 00″ W;

thence south along longitude 65° 30′ 00″ W to latitude 41° 40′ 00″ N;

thence westerly along latitude 41° 40′ 00″ N to longitude 65° 37′ 30″ W;

thence south along longitude 65° 37′ 30″ W to latitude 41° 35′ 00″ N;

thence westerly along latitude 41° 35′ 00″ N to longitude 65° 45′ 00″ W;

thence south along longitude 65° 45′ 00″ W to latitude 41° 25′ 00″ N.;

thence westerly along latitude 41° 25′ 00″ N to longitude 65° 52′ 30″ W;

thence south along longitude 65° 52′ 30″ W to latitude 41° 15′ 00″ N.;

thence westerly along latitude 41° 15′ 00″ N to longitude 66° 07′ 30″ W;

thence south along longitude 66° 07′ 30″ W to latitude 41° 05′ 00″ N.;

thence westerly along latitude 41° 05′ 00″ N to its intersection with said geodetic line from point C to point D, at approximate longitude 66° 13′ 33″ W;

thence northwesterly along said geodetic line to the point of commencement.

  • 1988, c. 28, Sch. IV
  • 2015, c. 4, s. 108(F)

SCHEDULE V(Subsections 153.1(1), 166.1(1) and 166.5(3))

Provisions

Column 1Column 2
ItemActProvision
1Canada Shipping Act, 2001187
2Canadian Environmental Protection Act, 1999125(1) to (5)
3Fisheries Act36(3)
4Migratory Birds Convention Act, 19945.1(1) and (2)
  • 2015, c. 4, s. 109

SCHEDULE VI(Subsections 153.1(1), 166.1(1) and (2) and 166.5(3))Provisions

PART 1

Provisions of Acts

Column 1Column 2
ItemActProvision
1Species at Risk Act32(1), 33, 36(1), 58(1), 60(1) and 61(1)
2Fisheries Act34.4(1) and 35(1)

PART 2

Provisions of Regulations

Column 1Column 2
ItemRegulationsProvision
1National Parks General Regulations10 and 16
2Migratory Bird Sanctuary Regulations3(2)(b) and 10(1)
3Migratory Birds Regulations5(1) and 6(a)
  • 2015, c. 4, s. 109
  • 2019, c. 14, s. 57