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Hibernia Development Project Offshore Application Regulations (SOR/90-774)

Regulations are current to 2020-07-28

Hibernia Development Project Offshore Application Regulations

SOR/90-774

HIBERNIA DEVELOPMENT PROJECT ACT

Registration 1990-11-09

Regulations Respecting the Application of Federal Laws and Laws of Newfoundland in the Newfoundland Offshore Area for the Purposes of the Hibernia Development Project Act

P.C. 1990-2419  1990-11-09

Whereas the Governor in Council considers that certain modifications or additions to the laws of Newfoundland that apply in the offshore area pursuant to section 8 of the Hibernia Development Project ActFootnote * are necessary;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Energy, Mines and Resources, pursuant to sections 7 and 8 of the Hibernia Development Project ActFootnote *, is pleased hereby to make the annexed Regulations respecting the application of federal laws and laws of Newfoundland in the Newfoundland offshore area for the purposes of the Hibernia Development Project Act.

Short Title

 These Regulations may be cited as the Hibernia Development Project Offshore Application Regulations.

Federal Laws

 The prescribed federal laws in relation to the subjects referred to in subsection 7(1) of the Hibernia Development Project Act are the Acts of Parliament or the provisions thereof set out in Schedule I, any regulations as defined in section 2 of the Interpretation Act that are issued, made or established under the authority of those Acts and any rules of law within the jurisdiction of Parliament in relation to those subjects.

Laws of Newfoundland

  •  (1) For the purpose of creating, continuing and enforcing, under the laws of Newfoundland that apply in the offshore area by virtue of subsection 8(1) of the Hibernia Development Project Act, a security interest in any personal property that is affixed to, rests on or is otherwise in contact with the seabed or subsoil of the submarine areas of the offshore area, those laws shall be read as if that personal property were not a fixture of that seabed or subsoil.

  • (2) For the purposes of subsection 8(1) of the Hibernia Development Project Act, the Acts of Newfoundland set out in column I of an item of Schedule II shall be read as if they were modified or added to in the manner and to the extent set out in column II of that item.

Application of the Interpretation Act (Newfoundland)

 The Interpretation Act, R.S.N. 1970, c. 182, applies in respect of all laws of Newfoundland, including the Acts referred to in section 3 as modified or added to pursuant to that section, that, by virtue of subsection 8(1) of the Hibernia Development Project Act, apply in the offshore area.

 
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