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

Act current to 2019-08-15 and last amended on 2017-06-22. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2015, c. 4, s. 88(2)

      • 88 (2) Section 142.21 of the Act is replaced by the following:

        • Net environmental benefit

          142.21 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, taking into account any prescribed factors and any factors the Board considers appropriate, that the use of the spill-treating agent is likely to achieve a net environmental benefit.

  • — 2015, c. 4, ss. 94(2) to (4)

      • 94 (2) Paragraph 166.1(1)(b) of the Act is replaced by the following:

        • (b) other than in the case of a small-scale test that meets the prescribed requirements, the Chief Conservation Officer approves in writing the use of the agent in response to the spill and it is used in accordance with any requirements set out in the approval;

      • (3) Subsection 166.1(1) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

        • (d) the agent is used in accordance with the regulations.

      • (4) Subsection 166.1(3) of the Act is replaced by the following:

        • Net environmental benefit

          (3) Other than in the case of a small-scale test, the Chief Conservation Officer shall not approve the use of a spill-treating agent unless the Officer determines, taking into account any prescribed factors and any factors the Officer considers appropriate, that the use of the spill-treating agent is likely to achieve a net environmental benefit.

  • — 2019, c. 14, s. 57

  • — 2019, c. 28, s. 153

    • 153 Paragraph 33(1)(a) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:

      • (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

  • — 2019, c. 28, s. 154

      • 154 (1) The portion of subsection 35(4) of the Act before paragraph (a) is replaced by the following:

        • 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,

      • (2) Subsection 35(5) of the Act is replaced by the following:

        • 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.

  • — 2019, c. 28, s. 155

    • 155 The Act is amended by replacing “National Energy Board” with “Canadian Energy Regulator” in subsection 35(6).

  • — 2019, c. 28, s. 156

    • 156 Subsection 40(2) of the Act is replaced by the following:

      • 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.

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