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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

PART IIIPetroleum Operations (continued)

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
 
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