Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act (S.C. 1987, c. 3)

Non-Application of Atlantic Accord

Marginal note:Non-application of Atlantic Accord

7.1 For greater certainty, the Atlantic Accord does not apply to offshore renewable energy resources.

Application

Marginal note:Application

• 8 (1) This Act applies within the offshore area.

• Marginal note:Excluded legislation

  (2) Subject to section 101, the Canada Petroleum Resources Act and the Canada Oil and Gas Operations Act and Part 5 of the Canadian Energy Regulator Act and any regulations made under them do not apply within the offshore area.

PART IJoint Management

Establishment of Regulator

Marginal note:Jointly established Regulator

• 9 (1) There is established by the joint operation of this Act and the Provincial Act a board to be known as the Canada–Newfoundland and Labrador Offshore Energy Regulator.

• (1.1) [Repealed, 2024, c. 20, s. 10]

• Marginal note:References

  (1.2) A reference in any contract, document, instrument, proclamation, by-law or order in council to the Canada-Newfoundland Offshore Petroleum Board or the Canada–Newfoundland and Labrador Offshore Petroleum Board is, unless the context otherwise requires, to be read as a reference to the Canada–Newfoundland and Labrador Offshore Energy Regulator.

• Marginal note:Treated as Provincial entity

  (2) Subject to subsections (3) and (4), the Regulator 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 Regulator 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 Regulator

  (4) The Regulator may be dissolved only by the joint operation of an Act of Parliament and an Act of the Legislature of the Province.

Marginal note:Regulator consisting of seven members

• 10 (1) The Regulator shall consist of seven members.

• Marginal note:Federal and Provincial appointees

  (2) Three members of the Regulator are to be appointed by the Federal Government, three by the Provincial Government and the Chairperson of the Regulator is to be appointed by both the Federal Government and the Provincial Government.

• Marginal note:Vice-chairpersons

  (3) One or two members of the Regulator may be designated to be vice-chairpersons of the Regulator if they are so designated by both the Federal Government and the Provincial Government.

• Marginal note:Designation by both governments

  (4) The designation of a vice-chairperson of the Regulator pursuant to subsection (3) is effective after both governments have each made the designation.

• Marginal note:Alternate members

  (5) Each government may appoint one alternate member to act as a member of the Regulator in the absence of any of the members of the Regulator appointed by that government.

• Marginal note:Joint appointees

  (6) Notwithstanding subsection (2) or (5), any member or alternate member of the Regulator may be appointed by both the Federal Government and the Provincial Government.

Marginal note:Qualifications

• 11 (1) No member of the Regulator shall, during the term of office of that member on the Regulator, be employed in the Public Service of Canada or be a civil servant in the Province.

• Marginal note:Definitions

  (2) In this section,

  civil servant

  civil servant has the same meaning as in 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 subsection (1) as part of the Public Service of Canada. (administration fédérale)

Marginal note:Deemed consultation between governments re Chairperson

• 12 (1) Consultation between the two governments with respect to the selection of the Chairperson of the Regulator shall be deemed to commence

  • (a) six months prior to the expiration of the term of office of the incumbent Chairperson, or

  • (b) where applicable, on the date of receipt by the Regulator of notice of the death, resignation or termination of appointment of the incumbent Chairperson,

  whichever occurs earlier.

• Marginal note:Where no agreement on Chairperson

  (2) Where the two governments fail to agree on the appointment of the Chairperson of the Regulator within three months after the commencement of consultation between the governments, the Chairperson shall be selected by a panel, consisting of three members and constituted in accordance with this section, unless, at any time prior to the selection of the Chairperson by the panel, the two governments agree on the appointment.

• Marginal note:Appointment of members of panel

  (3) One member of the panel shall be appointed by each government within thirty days after the expiration of the three months referred to in subsection (2).

• Marginal note:Chairperson of panel

  (4) The chairperson of the panel shall be appointed

  • (a) jointly by the two members of the panel appointed pursuant to subsection (3) within thirty days after the later of the two appointments made pursuant to that subsection; or

  • (b) if the two members of the panel fail to agree on the appointment of the chairperson of the panel within the 30-day period referred to in paragraph (a), by the Chief Justice of Newfoundland and Labrador within 30 days after the expiration of that period.

• Marginal note:Selection of Chairperson of Regulator within 60 days

  (5) The Chairperson of the Regulator shall be selected by the panel within 60 days after the appointment of the chairperson of the panel.

• Marginal note:Decision of panel binding

  (6) The decision of the panel selecting a Chairperson of the Regulator is final and binding on both governments.

Marginal note:Salaries of joint appointees

• 13 (1) Subject to section 15, the salary and other terms and conditions of the appointment of the Chairperson of the Regulator or any other member or alternate member appointed by both governments, including the effective date of the appointment, shall be fixed by an order of the Federal Government and an order of the Provincial Government after agreement has been reached by both governments on the salary and other terms and conditions.

• Marginal note:Salaries of separate appointees

  (2) The salary and other terms and conditions of the appointment of any member appointed by either the Federal Government or the Provincial Government shall be agreed on by both governments.

Marginal note:Absence or incapacity of Chairperson

14 The Regulator shall designate a member to act as Chairperson of the Regulator during any absence or incapacity of the Chairperson or vacancy in the office of Chairperson, and that person, while acting as Chairperson, has and may exercise all of the powers and perform all of the duties and functions of the Chairperson.

• 15 (1) [Repealed, 2024, c. 20, s. 11]

• (2) [Repealed, 2024, c. 20, s. 11]

• Marginal note:Terms of office

  (3) The Chairperson and members of the Regulator shall be appointed for terms of six years.

• Marginal note:Good behaviour

  (4) A member of the Regulator, including the Chairperson, shall hold 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:Re-appointment

  (5) On the expiration of a term of office, the Chairperson or a member of the Regulator is eligible for re-appointment for one or more further terms.

Marginal note:Conflict of interest guidelines

• 16 (1) Members of the Regulator, including the Chairperson, and the Chief Executive Officer appointed pursuant to section 24 shall be subject to conflict of interest guidelines established jointly by the Federal Minister and Provincial Minister and are not subject to any conflict of interest guidelines established by the Federal Government.

• Marginal note:Insurance

  (2) The Regulator shall purchase and maintain insurance for the benefit of a person who is a present or former member, officer or employee of the Regulator, and the heirs or legal representatives of that person, against any liability incurred by that person in the capacity as such a member, officer or employee, except where the liability relates to a failure to act honestly and in good faith with regard to the best interests of the Regulator.

• Marginal note:Expenditures for insurance

  (3) For greater certainty, the expenditures of the Regulator associated with purchasing and maintaining the insurance referred to in subsection (2) shall form part of the budget or revised budget of the Regulator in respect of a fiscal year.

• Marginal note:Power to indemnify

  (4) Notwithstanding subsection (2), where the Regulator has established to the satisfaction of the Federal Minister the impossibility of purchasing and maintaining the insurance referred to in subsection (2), the Government of Canada shall, subject to subsection (6), indemnify a person who is a present or former member, officer or employee of the Regulator, or the heirs or legal representatives of that person, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred in respect of any civil, criminal or administrative action or proceeding to which that person is a party by reason of being or having been such a member, officer or employee, if that person

  • (a) acted honestly and in good faith with a view to the best interests of the Regulator; and

  • (b) in the case of any criminal or administrative action or proceeding that is enforced by a monetary penalty, believed, on reasonable grounds, that the conduct in issue was lawful.

• Marginal note:Additional Coverage

  (5) Where the Regulator has purchased and maintained insurance referred to in subsection (2), the Government of Canada shall indemnify a person referred to in that subsection, or the heirs or legal representatives of that person, for any liability incurred by that person in accordance with this section to the extent that the insurance purchased for the benefit of that person does not cover such liability.

• Marginal note:Amount to settle an action

  (6) The Government of Canada is not obliged to indemnify anyone pursuant to subsection (4) against an amount paid to settle an action unless the amount so paid was approved by the Government of Canada.

• Marginal note:Both governments share costs of indemnification

  (7) Where the Government of the Province has indemnified a person referred to in subsection (4), or the heirs or legal representatives of that person, pursuant to section 16 of the Provincial Act, the Government of Canada may pay to the Government of the Province one-half of the amount so indemnified.

• Marginal note:Payable out of Consolidated Revenue Fund

  (8) Any amount payable in respect of indemnification under this section may be paid out of the Consolidated Revenue Fund.

Functions of Regulator

Marginal note:Functions of Regulator

• 17 (1) The Regulator shall perform such duties and functions as are conferred or imposed on the Regulator by or pursuant to the Atlantic Accord or this Act.

• Marginal note:Proposed amendments

  (2) The Regulator may make recommendations to both governments with respect to proposed amendments to this Act, the Provincial Act and any regulations made under those Acts.

Marginal note:Consultation with Indigenous peoples of Canada

17.1 His Majesty in right of Canada or in right of the Province may rely on the Regulator for the purposes of consulting with the Indigenous peoples of Canada respecting any potential adverse impact of a work or activity in the offshore area on existing Aboriginal and treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982 and the Regulator may, on behalf of His Majesty, if appropriate, accommodate any adverse impacts on those rights.

Marginal note:Access to information

• 18 (1) The Federal Minister and the Provincial Minister are entitled to access to any information or documentation relating to petroleum resource and renewable energy activities in the offshore area that is provided for the purposes of this Act or any regulation made under it and such information or documentation shall, on the request of either Minister, be disclosed to that Minister without requiring the consent of the party who provided the information or documentation.

• Marginal note:Applicable provision

  (2) Section 119 applies, with such modifications as the circumstances require, in respect of any disclosure of information or documentation or the production or giving of evidence relating thereto by a Minister as if the references in that section to the administration or enforcement of a Part of this Act included references to the administration or enforcement of the Provincial Act or any Part thereof.