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

Marginal note:Notice — subsection 122(11)

• 122.1 (1) If the Board intends to disclose any information or documentation under subsection 122(11), the Board shall make every reasonable effort to give the person who provided it written notice of the Board’s intention to disclose it.

• Marginal note:Waiver of notice

  (2) Any person to whom a notice is required to be given under subsection (1) may waive the requirement, and if they have consented to the disclosure they are deemed to have waived the requirement.

• Marginal note:Contents of notice

  (3) A notice given under subsection (1) shall include

  • (a) a statement that the Board intends to disclose information or documentation under subsection 122(11);

  • (b) a description of the information or documentation that was provided by the person to whom the notice is given; and

  • (c) a statement that the person may, within 20 days after the day on which the notice is given, make written representations to the Board as to why the information or documentation, or a portion of it, should not be disclosed.

• Marginal note:Representations

  (4) If a notice is given to a person by the Board under subsection (1), the Board shall

  • (a) give the person the opportunity to make, within 20 days after the day on which the notice is given, written representations to the Board as to why the information or documentation, or a portion of it, should not be disclosed; and

  • (b) after the person has had the opportunity to make representations, but no later than 30 days after the day on which the notice is given, make a decision as to whether or not to disclose the information or documentation and give written notice of the decision to the person.

• Marginal note:Contents of notice of decision to disclose

  (5) A notice given under paragraph (4)(b) of a decision to disclose information or documentation shall include

  • (a) a statement that the person to whom the notice is given may request a review of the decision under subsection (7) within 20 days after the day on which the notice is given; and

  • (b) a statement that if no review is requested under subsection (7) within 20 days after the day on which the notice is given, the Board shall disclose the information or documentation.

• Marginal note:Disclosure of information or documentation

  (6) If, under paragraph (4)(b), the Board decides to disclose the information or documentation, the Board shall disclose it on the expiry of 20 days after a notice is given under that paragraph, unless a review of the decision is requested under subsection (7).

• Marginal note:Review

  (7) Any person to whom the Board is required under paragraph (4)(b) to give a notice of a decision to disclose information or documentation may, within 20 days after the day on which the notice is given, apply to the Supreme Court of Nova Scotia for a review of the decision.

• Marginal note:Hearing in summary way

  (8) An application made under subsection (7) shall be heard and determined in a summary way in accordance with any applicable rules of practice and procedure of that Court.

• Marginal note:Court to take precautions against disclosing

  (9) In any proceedings arising from an application under subsection (7), the Supreme Court of Nova Scotia shall take every reasonable precaution, including, when appropriate, conducting hearings in camera, to avoid the disclosure by the Court or any person of any information or documentation that, under this Act, is privileged or is not to be disclosed.

Arbitration

123 [Repealed, 1992, c. 35, s. 88]

Marginal note:Operating agreements

• 124 (1) Where a dispute of a prescribed class arises between two or more interest holders of an interest in respect of any operations conducted in carrying out a work or activity in the offshore area authorized under Part III and an operating agreement or other similar arrangement that extends to such work or activity is not in force or was made prior to March 5, 1982, the matters in dispute may, by order of the Board, be submitted to arbitration conducted in accordance with the regulations.

• Marginal note:Application

  (2) Subsection (1) applies only in respect of

  • (a) interests in force on March 5, 1982 in relation to any portion of the offshore area; and

  • (b) interests immediately succeeding the interests referred to in paragraph (a) in relation to that portion of the offshore area where that portion of the offshore area was not a Crown reserve area on the expiration of the interests referred to in paragraph (a).

• Marginal note:Arbitration order

  (3) An order of an arbitrator made pursuant to arbitration under subsection (1) is binding on all interest holders specified in the order from the date specified in the order, and the terms and conditions of the order are deemed to be terms and conditions of the interest to which the matters relate.

Marginal note:Regulations

• 125 (1) Subject to section 6, the Governor in Council may make regulations for carrying out the purposes and provisions of section 124 and, without restricting the generality of the foregoing, may make regulations

  • (a) governing arbitration and the making of arbitration orders;

  • (b) prescribing the classes of disputes that may be submitted to arbitration; and

  • (c) governing appeals from and enforcement of arbitration orders.

• Marginal note:Application of regulations

  (2) Regulations made under subsection (1) may apply generally to the offshore area or to any portion thereof.

Cancellation of Rights

Marginal note:Notice to comply

• 126 (1) If the Board has reason to believe that an interest owner or holder is failing or has failed to meet any requirement of this Part or Part III or III.1 or any regulation made under any of those Parts, the Board may give notice to that interest owner or holder requiring compliance with the requirement within 90 days after the day on which the notice is given or within any longer period that the Board considers appropriate.

• Marginal note:Default

  (2) Notwithstanding anything in this Part but subject to sections 32 to 37, where an interest owner or holder fails to comply with a notice under subsection (1) within the period specified in the notice and the Board considers that the failure to comply warrants cancellation of the interest of the interest owner or holder or any share in the interest held by the holder with respect to a portion only of the offshore area subject to the interest, the Board may, by order subject to section 127, cancel that interest or share, and where the interest or share is so cancelled, the portions of the offshore area thereunder become Crown reserve areas.

Hearings and Judicial Review

Definition of Committee

• 127 (1) In this section, Committee means the Oil and Gas Committee established pursuant to section 145.

• Marginal note:Notice

  (2) The Board shall, not less than thirty days before making any order or decision or taking any action in respect of which it is expressly stated in this Part to be subject to this section, give notice in writing to the persons the Board considers to be directly affected by the proposed order, decision or action.

• Marginal note:Request for hearing

  (3) Any person receiving a notice under subsection (2) may, in writing, request a hearing within the thirty day period referred to in that subsection and, on receipt of such a request, the Board shall direct the Committee to appoint a time and place for a hearing and to give notice thereof to the person who requested the hearing.

• Marginal note:Hearing

  (4) Any person requesting a hearing under subsection (3) may make representations and introduce witnesses and documents at the hearing.

• Marginal note:Powers of Committee

  (5) For the purposes of a hearing requested under subsection (3), the Committee has, regarding the attendance, swearing and examination of witnesses and the production and inspection of documents, all such powers, rights and privileges as are vested in a superior court of record.

• Marginal note:Recommendations of Committee

  (6) On the conclusion of the hearing, the Committee shall submit to the Board its recommendations concerning the proposed order, decision or action of the Board, together with the evidence and other material that was before the Committee.

• Marginal note:Order of Board

  (7) Before making any order or decision or taking any action in respect of which a hearing has been held, the Board shall consider the recommendations of the Committee.

• Marginal note:Notification of order and reasons

  (8) Where an order, decision or action referred to in subsection (2) is made or taken, the Board shall notify the person who requested a hearing in respect of the order, decision or action under subsection (3) and, on request by that person, publish or make available to that person the reasons for the order, decision or action.

• Marginal note:Effective date of order

  (9) Subject to subsection (10), an order, decision or action referred to in subsection (2) takes effect as of

  • (a) the day that immediately follows the last day of the thirty day period referred to in that subsection, where no hearing is requested under subsection (3); or

  • (b) the day that the order or decision is made or the action is taken by the Board, where a hearing is requested under subsection (3).

• Marginal note:Fundamental decisions

  (10) Where a decision referred to in subsection (2) is a fundamental decision or an order or action referred to in that subsection involves the making of a fundamental decision, the periods referred to in paragraph 33(1)(a) do not commence prior to the day referred to in paragraph (9)(a) or (b), as the case may be, and the order, decision or action takes effect subject to section 33.

• Marginal note:Judicial review

  (11) Any order, decision or action in respect of which a hearing is held under this section is subject to review and to be set aside by the Supreme Court of Nova Scotia in accordance with the practice and procedure established by or pursuant to the Provincial Act.

Regulations

Marginal note:Regulations

• 128 (1) Subject to section 6, the Governor in Council may make regulations for carrying out the purposes and provisions of this Part and, without restricting the generality of the foregoing, may make regulations

  • (a) not inconsistent with the Canada Lands Surveys Act authorizing or requiring the survey, division and subdivision of the offshore area and defining and describing those divisions and subdivisions;

  • (b) prescribing the information and documentation to be provided by interest owners and interest holders for the purposes of this Part, the time when and manner in which such information and documentation is to be provided, authorizing the Board to prescribe the form in which it is to be provided and requiring such information and documentation to be provided in accordance with the regulations;

  • (c) requiring fees and deposits to be paid in respect of interests, prescribing the amounts of such fees and deposits and the time and manner of their payment and providing for the administration of such fees and deposits and the disposition and return of deposits; and

  • (d) prescribing any other matter or thing that by this Part is to be prescribed or that is to be done by regulations.

• Marginal note:Publication of proposed regulations

  (2) Subject to subsection (3), a copy of each regulation that the Governor in Council proposes to make under this Part shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to interested persons to make representations to the Federal Minister with respect thereto.

• Marginal note:Single publication required

  (3) No proposed regulation need be published more than once under subsection (2) whether or not it is altered or amended after such publication as a result of representations made by interested persons as provided in that subsection.

Marginal note:Forms

• 129 (1) The Board may prescribe any form or any information to be given on a form that is by this Part or the regulations to be prescribed and may include on any form so prescribed a declaration, to be signed by the person completing the form, declaring that the information given by that person on the form is, to the best of the knowledge of that person, true, accurate and complete.

• Marginal note:Forms prescribed or authorized

  (2) Every form purporting to be a form prescribed or authorized by the Board shall be deemed to be a form prescribed by the Board under this Part unless called in question by the Board or some person acting for the Board or Her Majesty in right of Canada or the Province.

• Marginal note:Forms not regulations

  (3) Where a form or information to be given on a form is prescribed by the Board pursuant to this Part, it shall be deemed not to be a regulation within the meaning of the Statutory Instruments Act.

DIVISION XTransitional

Marginal note:Exploration agreements extant are continued

• 130 (1) Where an exploration agreement in relation to any portion of the offshore area was entered into or negotiations in respect thereof were completed under the Canada Oil and Gas Act before the coming into force of this section, that exploration agreement shall, for the purposes of this Act, be referred to as an exploration licence and shall, subject to this Part, have effect in accordance with its terms and conditions.

• Marginal note:Declarations of significant discovery are continued

  (2) Where a declaration of significant discovery was made under section 44 of the Canada Oil and Gas Act and is in force on the coming into force of this section, it continues in force as if it were made pursuant to section 74 of this Act.

• Marginal note:Deemed significant discovery licence

  (3) Where, on the coming into force of this section, an exploration agreement is continuing in force pursuant to subsection 16(4) of the Canada Oil and Gas Act, it shall be deemed to be a significant discovery licence issued under this Part on the coming into force of this section and is subject to this Part.

Marginal note:Replacement of rights

• 131 (1) Subject to section 130 and subsection 132(2), the interests provided for under this Part replace all petroleum rights or prospects thereof acquired or vested in relation to any portion of the offshore area prior to the coming into force of this section.

• Marginal note:No compensation

  (2) No party shall have any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any servant or agent thereof for any acquired, vested or future right or entitlement or any prospect thereof that is replaced or otherwise affected by this Part, or for any duty or liability imposed on that party by this Part.

Marginal note:Regulations continue in force

• 132 (1) The Canada Oil and Gas Land Regulations remain in force to the extent that they are consistent with this Part until they are revoked or replaced by regulations made under this Part.

• Marginal note:Former interests

  (2) All interests provided by the Canada Oil and Gas Land Regulations that are in force on the coming into force of this section continue in force subject to sections 133 to 136.

• Marginal note:Petro-Canada rights abrogated

  (3) All rights of Petro-Canada to acquire further interests or shares in interests as a result of the operation of section 33, 120 or 121 of the Canada Oil and Gas Land Regulations are abrogated as of March 5, 1982.

• Marginal note:Idem

  (4) Where any portion of the offshore area becomes a Crown reserve area on or after April 30, 1980, Petro-Canada shall not be entitled to exercise any rights under section 33 of the Canada Oil and Gas Land Regulations with respect to that Crown reserve area.

• Marginal note:Dealings not vitiated for failure to comply with regulations

  (5) Where a person acquires, disposes of or otherwise deals in an interest or a share in an interest in respect of which Petro-Canada would, but for the circumstances described in paragraph (a) or (b), have had any right under section 33, 120 or 121 of the Canada Oil and Gas Land Regulations, no such acquisition, disposition or dealing is vitiated by reason only of

  • (a) the failure to give Petro-Canada a notice required under any of those sections; or

  • (b) the erroneous determination of a Canadian participation rate under those regulations.

• Marginal note:Retrospective application

  (6) Subsection (5) has retrospective application to any acquisition, disposition or dealing that occurred prior to March 5, 1982.

• Definition of Petro-Canada

  (7) In this section, Petro-Canada means the corporation established by the Petro-Canada Act.