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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

PART IIIPetroleum Operations (continued)

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
 
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