Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

Marginal note:Royalties reserved

• 99 (1) There is hereby reserved to Her Majesty in right of Canada, and each holder of a share in a production licence is liable for and shall pay to Her Majesty in right of Canada, in accordance with subsection (3), the royalties, interest and penalties that would be payable in respect of petroleum under the Offshore Petroleum Royalty Act if the petroleum were produced from Nova Scotia lands within the meaning of the Provincial Act.

• Marginal note:Exception

  (2) Notwithstanding subsection (1), where petroleum is subject to a royalty under the Offshore Petroleum Royalty Act, that petroleum is not subject to a royalty under subsection (1).

• Marginal note:Application of Nova Scotia legislation

  (3) Subject to this Act and the regulations, the Offshore Petroleum Royalty Act and any regulations made thereunder apply, with such modifications as the circumstances require, for the purposes of this section and, without limiting the generality of the foregoing,

  • (a) a reference in that Act to Her Majesty in right of the Province shall be deemed to be a reference to Her Majesty in right of Canada;

  • (b) a reference in that Act to the Province of Nova Scotia or the Province or Nova Scotia lands shall be deemed to be a reference to the offshore area; and

  • (c) a reference in that Act to the Minister responsible for the administration of that Act shall be deemed to be a reference to the Federal Minister.

• Marginal note:Remedies for unpaid royalties

  (4) Notwithstanding any other provision of this Act, but subject to subsection (5), for the purposes of this section, where a person is in default in accordance with the Offshore Petroleum Royalty Act and any regulations made thereunder in the payment of any amount payable under this section in respect of any interest issued in relation to any portion of the offshore area, the Provincial Minister may, for so long as the amount remains unpaid, direct the Board to

  • (a) refuse to issue to that person any interest in relation to any portion of the offshore area;

  • (b) refuse to authorize, pursuant to Part III, that person to carry on any work or activity related to the exploration for or the production of petroleum on any portion of the offshore area and may suspend any such authorization already given; and

  • (c) exercise the powers under subsections 126(1) and (2).

• Marginal note:Idem

  (5) Notwithstanding any other provision of this Act, a decision of the Board made in accordance with a direction of the Provincial Minister pursuant to subsection (4) is not a fundamental decision.

• Marginal note:No remedy pending appeals

  (6) No remedy may be exercised pursuant to subsection (4) in respect of a default in payment of an amount pending any assessment, reassessment, appeal or review in respect of that default under the Offshore Petroleum Royalty Act and any regulations made thereunder or otherwise provided by law.

• Marginal note:No Crown share

  (7) No provision of this Act or the Provincial Act or any regulation made thereunder shall apply so as to reserve to Her Majesty a Crown share in any interest issued in respect of any portion of the offshore area.