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Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

Version of section 35 from 2002-12-31 to 2019-08-27:


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:Determination by National Energy Board

    (4) Notwithstanding subsection (2), where the Provincial Minister disagrees with the setting aside or overruling by the Federal Minister in respect of a fundamental decision pursuant to subsection (2), the National Energy Board shall, on application made by the Provincial Minister within such time and in such manner as 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 National Energy Board made pursuant to subsection (4),

    • (a) notwithstanding the National Energy Board Act, shall be made within such time and in such manner as 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) shall be published forthwith by the Board.

  • Marginal note:Transitional

    (6) Where an application is made by the Provincial Minister to the National Energy Board 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 National Energy Board shall be made in accordance with the procedures and within the periods established by the National Energy Board.

  • 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)

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