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

Short Title

Marginal note:Short title

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

Interpretation

Marginal note:Definitions

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Canadian ownership rate[Repealed, 1993, c. 47, s. 11]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

Marginal note:Construction

3 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

4 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

• 5 (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

• 6 (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.

Amendment of Accord

Marginal note:Amendment of Accord

7 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

• 8 (1) Except as otherwise provided by this Act, this Act applies within the offshore area.

• Marginal note:Excluded legislation

  (2) Subject to section 103, the Canada Petroleum Resources Act and the Canada Oil and Gas Operations Act and any regulations made under those Acts do not apply within the offshore area.

PART IJoint Management

Establishment of Board

Marginal note:Jointly established Board

• 9 (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.

Marginal note:Board consisting of five members

• 10 (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.

Marginal note:Definitions

• 11 (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.

Marginal note:Term of office of Board members

• 12 (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.