GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 15
15 (1) [Repealed, 2024, c. 20, s. 11] (2) [Repealed, 2024, c. 20, s. 11] Terms of office (3) The Chairperson and members of the Regulator shall be appointed for terms of six years. 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. 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. 1987, c. 3, s. 15; 2014, c. 13, s. 52(E) 2024, c. 20, s. 11 2024, c. 20, s. 102(E)
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 17
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. 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. 1987, c. 3, s. 17 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 17.1
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. 2024, c. 20, s. 12
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 18
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. 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. 1987, c. 3, s. 18 2024, c. 20, s. 13
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 19
Meetings of Regulator 19 A meeting of the Regulator shall be held (a) once every month unless the members of the Regulator unanimously agree to defer such a meeting; and (b) at any other time (i) at the call of the Chairperson of the Regulator, (ii) on the request of any two members of the Regulator, or (iii) on the request of the Federal Minister or the Provincial Minister to review any matter referred to it by that Minister. 1987, c. 3, s. 19; 2014, c. 13, s. 52(E) 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 20
Quorum 20 (1) Four members constitute a quorum of the Regulator. Majority vote (2) Where, in the absence of unanimous agreement, a vote is required to be taken in respect of a decision of the Regulator, the decision shall be made on the basis of a majority vote of the members of the Regulator. 1987, c. 3, s. 20 2024, c. 20, s. 101 2024, c. 20, s. 102(E)
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 21
Location of offices and staff 21 The principal office and staff of the Regulator shall be located in the Province. 1987, c. 3, s. 21 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 22
Storage of information 22 The Regulator shall establish, maintain and operate a facility in the Province for the storage and curatorship of (a) all petroleum-related geophysical records and geological and hydrocarbon samples relating to the offshore area; and (b) all geological, geophysical, geotechnical and environmental records and geological and geotechnical samples relating to offshore renewable energy. 1987, c. 3, s. 22 2024, c. 20, s. 14
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 23
By-laws and guidelines 23 Subject to this Act and the Atlantic Accord, the Regulator may (a) make by-laws respecting (i) the members, officers and employees of the Regulator, (ii) the attendance and participation, including voting rights, at meetings of the Regulator of alternate members of the Regulator appointed pursuant to subsection 10(5), (iii) the manner of appointing the officers and employees of the Regulator on the basis of selection according to merit, including the holding of open competitions therefor, (iv) the procedures to be followed in the performance of any of the duties and functions of the Regulator, (v) the conduct of meetings of the Regulator, (vi) the manner of dealing with matters and business before the Regulator, and (vii) generally, the carrying on of the work of the Regulator and the management of the internal affairs thereof; and (b) establish conflict of interest guidelines respecting persons employed by the Regulator pursuant to subsection 25(1). 1987, c. 3, s. 23 2024, c. 20, s. 101 2024, c. 20, s. 102(E)
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 24
Chief Executive Officer 24 (1) There shall be a Chief Executive Officer of the Regulator who (a) where both the Federal Government and the Provincial Government appoint the Chairperson as Chief Executive Officer, is the Chairperson of the Regulator; or (b) in any other case, is to be appointed by the Regulator by means of an open competition. Approval required (2) The appointment of a Chief Executive Officer pursuant to paragraph (1)(b) is subject to the approval of both governments. Panel to choose Chief Executive Officer in the absence of agreement (3) Where either government fails to make an appointment pursuant to paragraph (1)(a) or to approve the appointment of a Chief Executive Officer pursuant to paragraph (1)(b), the Chief Executive Officer shall be appointed by both the Federal Government and the Provincial Government after having been selected in accordance with section 12 and that section applies, with such modifications as the circumstances require, to the selection of the Chief Executive Officer. Application of subsection 13(1) (4) Subsection 13(1) applies, with such modifications as the circumstances require, to the appointment of the Chief Executive Officer pursuant to paragraph (1)(a) or subsection (3). Absence or incapacity of Chief Executive Officer (5) The Regulator shall designate a person to act as Chief Executive Officer during any absence or incapacity of that Officer or vacancy in the office of Chief Executive Officer and that person, while acting as Chief Executive Officer, has and may exercise all the powers and perform all of the duties and functions of that office. 1987, c. 3, s. 24; 2014, c. 13, s. 52(E) 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 25
Staff of the Regulator 25 (1) The Regulator may, on the recommendation of the Chief Executive Officer, employ such other officers and such employees as are necessary to properly perform the duties and functions of the Regulator under this Act and the Atlantic Accord. Method of selection (2) The appointment of every person employed pursuant to subsection (1) shall be based on selection according to merit. Presumption (3) Except as provided in subsection (4), every person employed pursuant to subsection (1) is deemed not to be employed in the federal public administration or the public service of the Province. Mobility of staff (4) For the purpose of being eligible for appointment to a position in the public service by an appointment process under the Public Service Employment Act , (a) any person who, immediately prior to being employed by the Regulator, was employed in the public service shall be deemed to be a person employed in the public service in the Department of Natural Resources in the location where that person is performing duties for the Regulator and in a position of an occupational nature and at a level equivalent to the position in which that person is employed by the Regulator; and (b) any person who, immediately prior to being employed by the Regulator, was not employed in the public service shall, two years after being employed by the Regulator, be deemed to be a person employed in the public service in the Department of Natural Resources in the location where that person is performing duties for the Regulator and in a position of an occupational nature and at a level equivalent to the position in which that person is employed by the Regulator. Application of Newfoundland and Labrador legislation (4.1) Newfoundland and Labrador social legislation as defined in subsection 205.001(1), the provisions of the Labour Relations Act , R.S.N.L. 1990, c. L-1, as amended from time to time, and the provisions of the Occupational Health and Safety Act , R.S.N.L. 1990, c. O-3, as amended from time to time, and any regulations made under that legislation or those Acts, apply to persons employed under subsection (1). Non-application of Canada Labour Code (4.2) Despite section 4 and subsections 123(1) and 168(1) of the Canada Labour Code , that Act does not apply to persons employed under subsection (1). Definition of public service (5) In this section, public service has the same meaning as in the Federal Public Sector Labour Relations Act . 1987, c. 3, s. 25; 2003, c. 22, ss. 118, 225(E), 231; 2014, c. 13, s. 8; 2017, c. 9, s. 55 2024, c. 20, s. 15 2024, c. 20, s. 101 2024, c. 20, s. 103(F)
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 26
Auditor 26 The Regulator shall appoint an auditor, for such term as is set by the Regulator, for the purposes of auditing the financial statements of the Regulator. 1987, c. 3, s. 26 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 26.1
Audit and evaluation committee 26.1 (1) The Regulator shall appoint an audit and evaluation committee consisting of not fewer than three members of the Regulator and fix the duties and functions of the committee and may, by by-law, provide for the payment of expenses to the members of the committee. Internal audit (2) In addition to any other duties and functions that it is required to perform, the audit and evaluation committee shall cause internal audits to be conducted to ensure that the officers and employees of the Regulator act in accordance with management systems and controls established by the Regulator. 2014, c. 13, s. 9 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 27
Budget 27 (1) The Chief Executive Officer shall, in respect of each fiscal year, prepare a budget for the Regulator sufficient to permit the Regulator to properly exercise its powers and perform its duties and functions. Submission to governments (2) Following approval of the budget by the Regulator, the budget shall be submitted to the Federal Minister and the Provincial Minister, at such time as may be specified by each Minister, for their consideration and approval. Revised budget (3) Where it appears that the actual aggregate of the expenditures of the Regulator in respect of any fiscal year is likely to be substantially greater or less than that estimated in its budget in respect of that fiscal year, the Regulator shall submit to both Ministers for their consideration and approval a revised budget in respect of that fiscal year containing such particulars as may be requested by either Minister. Payment of operating costs (4) Subject to subsection (4.1), the Government of Canada shall pay one-half of the aggregate of the expenditures set out in the budget or revised budget in respect of each fiscal year. Payment of specific activities (4.1) The Chief Executive Officer may include in the budget or revised budget expenditures associated with specific requirements of one government that are to be paid entirely by that government. Appropriation (5) Subject to any other Act of Parliament that appropriates moneys for the payment required by subsection (4), the sums required for such payment shall be paid out of the Consolidated Revenue Fund from time to time as required. 1987, c. 3, s. 27 2024, c. 20, s. 16 2024, c. 20, s. 101 2024, c. 20, s. 103(F)
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 28
Access to books and accounts 28 Subject to subsection 18(2), both the Federal Minister and the Provincial Minister are entitled to have access to the books and accounts of the Regulator. 1987, c. 3, s. 28 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 29
Annual report 29 (1) The Regulator shall, in respect of each fiscal year, prepare a report and submit it to the Federal Minister and the Provincial Minister not later than ninety days after the expiration of that fiscal year. Contents of report (2) Each annual report submitted under subsection (1) shall contain an audited financial statement and a description of the activities of the Regulator, including those relating to occupational health and safety, during the fiscal year covered by the report. Tabling of report (3) The Federal Minister shall cause the annual report referred to in this section (a) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day the report is submitted to the Federal Minister; or (b) where it is not possible to cause the report to be laid pursuant to paragraph (a) within thirty days after the day the report is submitted to the Federal Minister, to be published within that thirty day period. 1987, c. 3, s. 29 2014, c. 13, s. 10 2024, c. 20, s. 101 2024, c. 20, s. 102(E)
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 29.1
Regulations respecting fees, etc. 29.1 (1) Subject to section 7, the Governor in Council may make regulations (a) respecting the fees or charges, or the method of calculating the fees or charges, to be paid for the provision, by the Regulator, of a service or product under this Act; (b) respecting the fees or charges, or the method of calculating the fees or charges, in respect of any of the Regulator’s activities under this Act or the Impact Assessment Act , that are to be paid by (i) a person who makes an application for an authorization under paragraph 138(1)(b) or subsection 138.01(1) or an application under subsection 139(2), or (ii) the holder of an operating licence issued under paragraph 138(1)(a) or an authorization issued under paragraph 138(1)(b) or subsection 138.01(1); and (c) respecting the refund of all or part of any fee or charge referred to in paragraph (a) or (b), or the method of calculating that refund. Amounts not to exceed cost (2) The amounts of the fees or charges referred to in paragraph (1)(a) shall not exceed the cost of providing the services or products. Amounts not to exceed cost (3) The amounts of the fees or charges referred to in paragraph (1)(b) shall not exceed the cost of the Regulator’s activities under this Act or the Impact Assessment Act . 2015, c. 4, s. 39 2024, c. 20, s. 17 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 29.2
Non-application of Service Fees Act 29.2 The Service Fees Act does not apply to any fees or charges payable in accordance with regulations made under section 29.1. 2015, c. 4, s. 39; 2017, c. 20, s. 454
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 29.3
Remittance of fees and charges: shared 29.3 (1) Subject to subsection (2), one half of the amounts of the fees and charges obtained in accordance with regulations made under section 29.1 shall be paid to the credit of the Receiver General and the other half shall be paid to the credit of Her Majesty in right of the Province, in the time and manner prescribed under those regulations. Remittance of fees and charges to the Province (2) If the fees and charges referred to in subsection (1) are related to the powers, duties or functions of the Regulator for the administration of the pricing mechanisms for greenhouse gas emissions referred to in subsection 164.3(1), they shall be paid in their entirety to the credit of Her Majesty in right of the Province. 2015, c. 4, s. 39 2018, c. 27, s. 176 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 30
Regulator’s decisions final 30 Subject to this Act, the exercise of a power or the performance of a duty by the Regulator pursuant to this Act is final and not subject to the review or approval of either government or either Minister. 1987, c. 3, s. 30 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 31
Notice of fundamental decisions 31 (1) Where a fundamental decision is made by the Regulator, the Regulator shall, forthwith after making the decision, give written notice of that decision to the Federal Minister and the Provincial Minister. Advice by Ministers to Regulator (2) Within thirty days after receipt of a notice of a fundamental decision pursuant to subsection (1), the Federal Minister and the Provincial Minister shall each advise, in writing, the Regulator and each other whether that Minister approves or disapproves that decision and where the Regulator does not receive the advice within those thirty days, the Regulator shall be deemed, for the purposes of section 32, to be advised, in writing, on the expiration of that period, of the approval of that decision by that Minister. 1987, c. 3, s. 31 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 32
Conditions for implementation of fundamental decision 32 (1) A fundamental decision shall not be implemented unless the Regulator is advised, in writing, that (a) both the Federal Minister and the Provincial Minister approve that decision; or (b) in any other case, the Minister having authority in relation to that decision, as determined under section 34, approves that decision and, where the other Minister has exercised the power to suspend the approval of that decision pursuant to section 39, (i) the period of suspension referred to in that section has expired, or (ii) agreement is reached between both Ministers to approve that decision, whichever occurs first. Compliance with advice or governments (2) Where the conditions referred to in subsection (1) have been satisfied in respect of a fundamental decision, that decision shall be implemented forthwith by the Regulator. 1987, c. 3, s. 32 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 33
Definitions 33 In this section and sections 34 to 37, security of supply , in respect of any period, means the anticipation of self-sufficiency during each of the five calendar years in that period, taking into account the aggregate of anticipated additions to producing capacity and anticipated adjustments to refining capacity; ( sécurité des approvisionnements ) self-sufficiency means a volume of suitable crude oil and equivalent substances available from domestic Canadian hydrocarbon producing capacity that is adequate to supply the total feedstock requirements of Canadian refineries necessary to satisfy the total refined product requirements of Canada, excluding those feedstock requirements necessary to produce specialty refined products; ( autosuffisance ) suitable crude oil and equivalent substances means those substances that are appropriate for processing in Canadian refineries and that are potentially deliverable to Canadian refineries. ( pétrole brut et substances assimilées acceptables )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
security of supply , in respect of any period, means the anticipation of self-sufficiency during each of the five calendar years in that period, taking into account the aggregate of anticipated additions to producing capacity and anticipated adjustments to refining capacity; ( sécurité des approvisionnements )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
self-sufficiency means a volume of suitable crude oil and equivalent substances available from domestic Canadian hydrocarbon producing capacity that is adequate to supply the total feedstock requirements of Canadian refineries necessary to satisfy the total refined product requirements of Canada, excluding those feedstock requirements necessary to produce specialty refined products; ( autosuffisance )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
suitable crude oil and equivalent substances means those substances that are appropriate for processing in Canadian refineries and that are potentially deliverable to Canadian refineries. ( pétrole brut et substances assimilées acceptables )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 34
Role of Ministers prior to self-sufficiency and security of supply 34 (1) Where, in respect of any period referred to in subsection 35(2) or (3), a determination is made that self-sufficiency and security of supply do not exist, the Federal Minister has authority in relation to any fundamental decision, other than a fundamental decision referred to in subsection (2), made during that period. Development plan approval (2) Subject to subsection (3), the Provincial Minister has authority in relation to a fundamental decision referred to in paragraph 139(4)(a). Federal Minister’s power to override development plan approval (3) Where the approval or disapproval by the Provincial Minister of a fundamental decision referred to in paragraph 139(4)(a) would unreasonably delay the attainment of self-sufficiency or security of supply, the Federal Minister may substitute therefor the approval or disapproval, as the case may be, of the Federal Minister, and where the Federal Minister does so, that Minister shall, for the purposes of this Act, be considered to have authority in relation to that fundamental decision. Role of Ministers after self-sufficiency and security of supply (4) Where, in respect of any period referred to in subsection 35(3), a determination is made that self-sufficiency and security of supply exist, the Provincial Minister has authority in relation to any fundamental decision made during that period.