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

Marginal note:Demand for information

• 116 (1) A person may, in accordance with this section, serve a demand for information in respect of a security notice that has been registered under this Division in relation to an interest or a share therein where that person

  • (a) is the holder of that interest or share;

  • (b) is specified in the security notice as the person from whom the security interest was acquired;

  • (c) is the secured party under another security notice registered under this Division in relation to that interest or share;

  • (d) is a member of a class of persons prescribed by the regulations for the purposes of this subsection; or

  • (e) obtains leave to do so from the court.

• Marginal note:Contents of demand notice

  (2) A demand for information, in respect of a security notice, may be served pursuant to subsection (1) by serving on the secured party under the security notice a demand notice, in prescribed form, requiring the secured party

  • (a) to inform the person serving the demand notice, within fifteen days after service of the notice, of the place where the documents specified in the security notice or copies thereof are located and available for examination, and of the normal business hours during which the examination may be made; and

  • (b) to make such documents or copies thereof available for examination at that place during normal business hours, by or on behalf of the person serving the notice, within a reasonable period after the demand notice is served.

• Marginal note:Service

  (3) A demand for information is served for the purposes of this section if it is sent by registered mail or delivered to the official address for service in respect of the security notice according to the records of the Registrar.

• Marginal note:Compliance with demand

  (4) A demand for information served pursuant to subsection (1) may be complied with by mailing or delivering to the person serving the demand notice a true copy of the documents referred to in the demand notice.

• Marginal note:Court order where failure to comply

  (5) Where a secured party fails without reasonable excuse to comply with a demand for information in respect of a security notice in relation to an interest or share therein served on the secured party in accordance with this section, the court may, on application by the person who served the demand notice, make an order requiring the secured party to comply with the demand for information within the time and in the manner specified in the order.

• Marginal note:Where failure to comply with court order

  (6) Where a secured party fails to comply with an order of a court made under subsection (5), the court may, on the application of the person who applied for the order,

  • (a) make any other order the court considers necessary to ensure compliance with the order made under subsection (5); or

  • (b) make an order directing the Registrar to cancel the registration of the security notice.

• Definition of document

  (7) In this section, document includes any amendment to the document.

Marginal note:Notice to take proceedings

• 117 (1) A person who may serve a demand for information in respect of a security notice in relation to an interest or a share therein pursuant to subsection 116(1) may

  • (a) serve on the secured party under the security notice a notice to take proceedings, in prescribed form, directing that secured party to apply to the court within sixty days after the day on which the notice to take proceedings is served, for an order substantiating the security interest claimed in the security notice; or

  • (b) commence proceedings in the court, requiring the secured party to show cause why the registration of the security notice should not be cancelled.

• Marginal note:Order to shorten notice to take proceedings

  (2) The court may, by order, on the ex parte application of a person who proposes to serve a notice to take proceedings under subsection (1), shorten the sixty day period referred to in paragraph (1)(a) and, if the order is made,

  • (a) paragraph (1)(a) shall, in relation to that notice to take proceedings, be deemed to refer to the shorter period; and

  • (b) a certified copy of the order shall be served with that notice to take proceedings.

• Marginal note:Order to extend notice to take proceedings

  (3) The court may, on the application of a secured party served with a notice to take proceedings, extend the period for applying to the court referred to in paragraph (1)(a), whether or not that period has been shortened under subsection (2).

• Marginal note:Service

  (4) A notice to take proceedings is served for the purposes of this section if it is sent by registered mail or delivered to the secured party at the official address for service in respect of the security notice according to the records of the Registrar.

• Marginal note:Cancellation of registration of security notice

  (5) The registration of a security notice shall be cancelled on submission to the Registrar of a statutory declaration showing that

  • (a) a notice to take proceedings was served in accordance with this section; and

  • (b) no application was commenced in accordance with the notice to take proceedings or within the period extended pursuant to subsection (3) or an application so made was dismissed by the court or discontinued.

• Marginal note:No further registration after cancellation

  (6) Where the registration of a security notice in respect of a security interest is cancelled pursuant to subsection (5) or (7), the secured party under the security notice may not submit for registration under this Division another security notice in respect of that security interest without leave of the court to do so.

• Marginal note:Cancellation of registration on order of court

  (7) The registration of a security notice shall be cancelled where there is submitted to the Registrar a certified copy of an order or judgment of a court directing the Registrar to do so, whether as a result of proceedings taken under this Division or otherwise.

Marginal note:Transfer effective on registration

118 A transfer of an interest or a share therein is not effective against the Crown prior to the registration of the transfer.

Marginal note:No restriction on rights of Board or Her Majesty

119 For greater certainty, the registration of an instrument

• (a) does not restrict or in any manner affect any right or power of the Board or of the Ministers under this Part, the regulations or the terms of any interest; and

• (b) does not derogate from any proprietary right or any right to dispose of or exploit natural resources that Her Majesty in right of Canada has under this Act in respect of any portion of the offshore area.

Marginal note:No action for acts done in performance of official functions

120 No action or other proceedings for damages shall be commenced against the Registrar or Deputy Registrar or anyone acting under the authority of the Registrar or Deputy Registrar for an act done or omission in good faith in the exercise of a power or the performance of a duty under this Division.

Marginal note:Regulations

121 Subject to section 6, the Governor in Council may make regulations for carrying out the purposes and provisions of this Division and, without restricting the generality of the foregoing, may make regulations

• (a) prescribing the powers, duties and functions of the Registrar and Deputy Registrar for the purposes of this Division and the time when, and manner and circumstances in which, they are to be exercised, and providing for the designation by the Board of any person or class of persons to exercise such powers and perform such duties and functions as may be specified in the regulations;

• (b) governing the books, abstracts and indexes to be maintained as the register for the purposes of this Division and the particulars of interests, instruments and portions of the offshore area and the orders and declarations made in relation to interests to be recorded therein;

• (c) governing the filing of copies of interests, registered instruments and other documents in the register established under this Division;

• (d) governing public access to and searches of the register; and

• (e) [Repealed, 2015, c. 4, s. 81]

• (f) prescribing any other matter or thing that is by this Division to be prescribed.

DIVISION IXAdministration and Enforcement

Disclosure of Information

Marginal note:Definitions

• 122 (1) In this section,

  delineation well

  delineation well means a well that is so located in relation to another well penetrating an accumulation of petroleum that there is a reasonable expectation that another portion of that accumulation will be penetrated by the first-mentioned well and that the drilling is necessary in order to determine the commercial value of the accumulation; (puits de délimitation)

  development well

  development well means a well that is so located in relation to another well penetrating an accumulation of petroleum that it is considered to be a well or part of a well drilled for the purpose of production or observation or for the injection or disposal of fluid into or from the accumulation; (puits d’exploitation)

  engineering research or feasibility study

  engineering research or feasibility study includes work undertaken to facilitate the design or to analyse the viability of engineering technology, systems or schemes to be used in the exploration for or the development, production or transportation of petroleum in the offshore area; (recherches ou études techniques)

  environmental study

  environmental study means work pertaining to the measurement or statistical evaluation of the physical, chemical and biological elements of the lands, oceans or coastal zones, including winds, waves, tides, currents, precipitation, ice cover and movement, icebergs, pollution effects, flora and fauna both onshore and offshore, human activity and habitation and any related matters; (études de l’environnement)

  experimental project

  experimental project means work or activity involving the utilization of methods or equipment that are untried or unproven; (opération expérimentale)

  exploratory well

  exploratory well means a well drilled on a geological feature on which a significant discovery has not been made; (puits d’exploration)

  geological work

  geological work means work, in the field or laboratory, involving the collection, examination, processing or other analysis of lithological, paleontological or geochemical materials recovered from the surface or subsurface or the seabed or its subsoil of any portion of the offshore area and includes the analysis and interpretation of mechanical well logs; (travaux de géologie)

  geophysical work

  geophysical work means work involving the indirect measurement of the physical properties of rocks in order to determine the depth, thickness, structural configuration or history of deposition thereof and includes the processing, analysis and interpretation of material or data obtained from such work; (travaux de géophysique)

  geotechnical work

  geotechnical work means work, in the field or laboratory, undertaken to determine the physical properties of materials recovered from the surface or subsurface or the seabed or its subsoil of any portion of the offshore area; (travaux de géotechnique)

  well site seabed survey

  well site seabed survey means a survey pertaining to the nature of the surface or subsurface or the seabed or its subsoil of any portion of the offshore area in the area of the proposed drilling site in respect of a well and to the conditions of those portions of the offshore area that may affect the safety or efficiency of drilling operations; (levé marin)

  well termination date

  well termination date means the date on which a well has been abandoned, completed or suspended in accordance with any applicable regulations respecting the drilling for petroleum made under Part III. (date d’abandon du puits)

• Marginal note:Privilege

  (2) Subject to section 19 and this section, information or documentation provided for the purposes of this Part or Part III or any regulation made under either Part, whether or not such information or documentation is required to be provided under either Part or any regulation made thereunder, is privileged and shall not knowingly be disclosed without the consent in writing of the person who provided it except for the purposes of the administration or enforcement of either Part or for the purposes of legal proceedings relating to such administration or enforcement.

• Marginal note:Idem

  (3) No person shall be required to produce or give evidence relating to any information or documentation that is privileged under subsection (2) in connection with any legal proceedings, other than proceedings relating to the administration or enforcement of this Part or Part III.

• Marginal note:Registration of documents

  (4) For greater certainty, this section does not apply to a document that has been registered under Division VIII.

• Marginal note:Information that may be disclosed

  (5) Subsection (2) does not apply to the following classes of information or documentation obtained as a result of carrying on a work or activity that is authorized under Part III, namely, information or documentation in respect of

  • (a) an exploratory well, where the information or documentation is obtained as a direct result of drilling the well and if two years have passed since the well termination date of that well;

  • (b) a delineation well, where the information or documentation is obtained as a direct result of drilling the well and if the later of

    • (i) two years since the well termination date of the relevant exploratory well, and

    • (ii) ninety days since the well termination date of the delineation well,

    have passed;

  • (c) a development well, where the information or documentation is obtained as a direct result of drilling the well and if the later of

    • (i) two years since the well termination date of the relevant exploratory well, and

    • (ii) sixty days since the well termination date of the development well,

    have passed;

  • (d) geological work or geophysical work performed on or in relation to any portion of the offshore area,

    • (i) in the case of a well site seabed survey where the well has been drilled, after the expiration of the period referred to in paragraph (a) or the later period referred to in subparagraph (b)(i) or (ii) or (c)(i) or (ii), according to whether paragraph (a), (b) or (c) is applicable in respect of that well, or

    • (ii) in any other case, after the expiration of five years following the date of completion of the work;

  • (e) any engineering research or feasibility study or experimental project, including geotechnical work, carried out on or in relation to any portion of the offshore area,

    • (i) where it relates to a well and the well has been drilled, after the expiration of the period referred to in paragraph (a) or the later period referred to in subparagraph (b)(i) or (ii) or (c)(i) or (ii), according to whether paragraph (a), (b) or (c) is applicable in respect of that well, or

    • (ii) in any other case, after the expiration of five years following the date of completion of the research, study or project or after the reversion of that portion of the offshore area to Crown reserve areas, whichever occurs first;

  • (f) any contingency plan formulated in respect of emergencies arising as a result of any work or activity authorized under Part III;

  • (g) diving work, weather observation or the status of operational activities or of the development of or production from a pool or field;

  • (g.1) accidents, incidents or petroleum spills, to the extent necessary to permit a person or body to produce and to distribute or publish a report for the administration of this Act in respect of the accident, incident or spill;

  • (h) any study funded from an account established under subsection 76(1) of the Canada Petroleum Resources Act, if the study has been completed; and

  • (i) an environmental study, other than a study referred to in paragraph (h),

    • (i) where it relates to a well and the well has been drilled, after the expiration of the period referred to in paragraph (a) or the later period referred to in subparagraph (b)(i) or (ii) or (c)(i) or (ii), according to whether paragraph (a), (b) or (c) is applicable in respect of that well, or

    • (ii) in any other case, if five years have passed since the completion of the study.

• Marginal note:Disclosure — governments and agencies

  (6) The Board may disclose any information or documentation that it obtains under this Part or Part III — to officials of the Government of Canada, the Government of the Province or any other provincial government, or a foreign government or to the representatives of any of their agencies — for the purposes of a federal, provincial or foreign law, as the case may be, that deals primarily with a petroleum-related work or activity, including the exploration for and the management, administration and exploitation of petroleum resources, if

  • (a) the government or agency undertakes to keep the information or documentation confidential and not to disclose it without the Board’s written consent;

  • (b) the information and documentation is disclosed in accordance with any conditions agreed to by the Board and the government or agency; and

  • (c) in the case of disclosure to a foreign government or agency, the Federal Minister and Provincial Minister consent in writing.

• Marginal note:Disclosure — Minister

  (7) The Board may disclose to the Federal Minister and Provincial Minister the information or documentation that it has disclosed or intends to disclose under subsection (6), but the Federal Minister and the Provincial Minister are not to further disclose that information or documentation unless the Board consents in writing to that disclosure or the Federal Minister or the Provincial Minister is required by an Act of Parliament or an Act of the Legislature of the Province, as the case may be, to disclose that information or documentation.

• Marginal note:Consent

  (8) For the purposes of paragraph (6)(a) and subsection (7), the Board may consent to the further disclosure of information or documentation only if the Board itself is authorized under this section to disclose it.

• Marginal note:Applicant and proposed work or activity

  (9) Subsection (2) does not apply in respect of information regarding the applicant for an operating licence or authorization under subsection 142(1) or the scope, purpose, location, timing and nature of the proposed work or activity for which the authorization is sought.

• Marginal note:Public hearing

  (10) Subsection (2) does not apply in respect of information or documentation provided for the purposes of a public hearing conducted under section 44.1.

• Marginal note:Safety or environmental protection

  (11) Subject to section 122.1, the Board may disclose all or part of any information or documentation related to safety or environmental protection that is provided in relation to an application for an operating licence or authorization under subsection 142(1) or to an operating licence or authorization that is issued under that subsection or provided in accordance with any regulation made under this Part or Part III. The Board is not, however, permitted to disclose information or documentation if the Board is satisfied that

  • (a) disclosure of it could reasonably be expected to result in a material loss or gain to a person, or to prejudice their competitive position, and the potential harm resulting from the disclosure outweighs the public interest in making the disclosure;

  • (b) it is financial, commercial, scientific or technical information or documentation that is confidential and has been consistently treated as such by a person who would be directly affected by its disclosure, and for which the person’s interest in confidentiality outweighs the public interest in its disclosure; or

  • (c) there is a real and substantial risk that disclosure of it will impair the security of pipelines, as defined in section 138, installations, vessels, aircraft or systems, including computer or communication systems, used for any work or activity in respect of which this Act applies — or methods employed to protect them — and the need to prevent its disclosure outweighs the public interest in its disclosure.

• Marginal note:Exception

  (12) Subsections (9) to (11) do not apply in respect of information or documentation described in paragraphs (5)(a) to (e) and (i).