GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.17
Definition of debris 183.17 (1) In sections 183.18 to 183.2 and 183.23, debris means (a) any facility or structure that was put in place in the course of any work or activity required to be authorized under subsection 138.01(1), other than a site assessment activity, and that has been abandoned without an authorization that may be required by or under this Part, or that has been abandoned in a way that did not comply with such an authorization; or (b) any material that has broken away or been jettisoned or displaced in the course of any of that work or activity or from an abandoned facility. Definition of actual loss or damage (2) In section 183.19, actual loss or damage includes loss of income, including future income, and, with respect to any Indigenous peoples of Canada, loss of hunting, fishing and gathering opportunities. It does not include loss of income recoverable under subsection 42(3) of the Fisheries Act . 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.18
Debris prohibited 183.18 (1) No person shall cause or permit debris to be left in any portion of the offshore area. Duty to report debris (2) If there is debris in any portion of the offshore area, any person carrying on any work or activity required to be authorized under subsection 138.01(1) in the area in which the debris is left shall, in the manner prescribed, report the debris to the Chief Conservation Officer. Duty to take reasonable measures (3) Every person required to report debris under subsection (2) shall, as soon as feasible, take all reasonable measures consistent with safety and the protection of health and the environment to prevent any further debris from accumulating, to repair or remedy any condition resulting from the debris and to reduce or mitigate any damage or danger that results or may reasonably be expected to result from the debris. Taking emergency action (4) The Chief Conservation Officer may take any action that is necessary, or direct that it be taken by any person, if the Chief Conservation Officer is satisfied on reasonable grounds that (a) there is debris in any portion of the offshore area and immediate action is necessary in order to effect any reasonable measures referred to in subsection (3); and (b) the action is not being taken or will not be taken under subsection (3). Taking over management (5) For the purposes of subsection (4), the Chief Conservation Officer may authorize and direct any person whose services are necessary to enter the area where the debris has been left and take over the management and control of any work or activity being carried on in that area. Managing work or activity (6) A person authorized and directed to take over the management and control of any work or activity under subsection (5) shall manage and control that work or activity and take all reasonable measures referred to in subsection (3) in relation to the debris. Costs (7) Any costs incurred under subsection (6) shall be borne by the person who obtained an authorization under subsection 138.01(1) in respect of the work or activity from which the debris originated and, until paid, constitute a debt recoverable by action in any court of competent jurisdiction as a debt due to the Regulator. Recovery of costs (8) If a person, other than a person referred to in subsection (7), takes a measure or an action under subsection (3) or (4), the person may recover from His Majesty in right of Canada the costs and expenses reasonably incurred by that person in taking the measure or action. Personal liability (9) No person required, directed or authorized to act under this section is personally liable either civilly or criminally in respect of any act or omission in the course of complying with this section unless it is shown that the person did not act reasonably in the circumstances. 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.19
Fisheries Act (8) The costs and expenses that are recoverable by His Majesty in right of Canada or the Province under this section are not recoverable under subsection 42(1) of the Fisheries Act . Action — loss of non-use value (9) Only His Majesty in right of Canada or the Province may bring an action to recover a loss of non-use value described in subsection (1). Claims (10) All claims under this section may be sued for and recovered in any court of competent jurisdiction in Canada. Claims in favour of persons incurring actual loss or damage described in subsection (1) are to be distributed pro rata and rank in priority over claims for costs and expenses described in that subsection, and the claims for costs and expenses rank in priority over claims to recover a loss of non-use value described in that subsection. Saving (11) Subject to subsections (8) and (9), nothing in this section suspends or limits (a) any legal liability or remedy for an act or omission by reason only that the act or omission is an offence under this Division or gives rise to liability under this section; (b) any recourse, indemnity or relief available at law to a person who is liable under this section against any other person; or (c) the operation of any applicable law or rule of law that is not inconsistent with this section. Limitation period (12) Proceedings in respect of claims under this section may be instituted no later than the third anniversary of the day on which the loss, damage, costs or expenses occurred but in no case after the sixth anniversary of the day on which the facility, equipment or system in question was abandoned or the material in question broke away or was jettisoned or displaced. 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.2
Financial resources 183.2 (1) An applicant for an authorization under subsection 138.01(1) shall provide proof that they have the financial resources necessary to pay an amount that is determined by the Regulator. The proof shall be in the form and manner that are prescribed or, in the absence of regulations, that are specified by the Regulator. Loss of non-use value (2) In determining the amount, the Regulator is not required to consider any potential loss of non-use value relating to a public resource that is affected as a result of debris. Continuing obligation (3) The holder of the authorization shall ensure that the proof referred to in subsection (1) remains in force for the duration of the work or activity in respect of which the authorization is issued. 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.21
Proof of financial responsibility 183.21 (1) An applicant for an authorization under subsection 138.01(1) shall provide proof of financial responsibility in an amount that is determined by the Regulator. The proof shall be in the form of a letter of credit, guarantee or indemnity bond or in any other form satisfactory to the Regulator. Continuing obligation (2) The holder of the authorization shall ensure that the proof of financial responsibility remains in force for the duration of the work or activity in respect of which the authorization is issued. Payment of claims (3) The Regulator may require that moneys in an amount of not more than the amount prescribed for any case or class of cases, or fixed by the Regulator in the absence of regulations, be paid out of the funds available under the letter of credit, guarantee or indemnity bond or other proof provided under subsection (1) in respect of any claim for which proceedings may be instituted under section 183.19, whether or not those proceedings have been instituted. Manner of payment (4) A required payment shall be made in the manner, subject to any conditions and procedures, and to or for the benefit of the persons or classes of persons that may be prescribed for any case or class of cases, or that may be required by the Regulator in the absence of regulations. Deduction (5) If a claim is sued for under section 183.19, there shall be deducted from any award made as a result of the action on that claim any amount received by the claimant under this section in respect of the loss, damage, costs or expenses claimed. 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.22
Review committee 183.22 (1) A committee, consisting of members appointed by each government and by representatives of the offshore renewable energy industry and of the fisheries industry, is established by the joint operation of this Act and the Provincial Act to review and monitor the application of sections 183.19 and 183.21 and any claims and the payment of claims made under those sections. Dissolution (2) The committee may be dissolved only by the joint operation of an Act of Parliament and an Act of the Legislature of the Province. Promotion of compensation policies (3) The Regulator shall promote and monitor compensation policies for fishers sponsored by the fishing industry respecting damages of a non-attributable nature. 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.23
Inquiries 183.23 (1) If debris or an accident or incident related to any work or activity to which this Division applies occurs or is found in any portion of the offshore area and results in death or injury or danger to public safety or the environment, the Regulator may direct an inquiry to be made and may authorize any person it deems qualified to conduct the inquiry. Mandatory inquiry (2) If debris or an accident or incident related to any work or activity to which this Division applies occurs or is found in any portion of the offshore area and is “serious”, as defined by regulation in accordance with paragraph 183.25(1)(a), the Regulator shall direct that an inquiry referred to in subsection (1) be made and shall ensure that the person who conducts the inquiry is not employed by the Regulator. Power of person conducting inquiry (3) For the purposes of an inquiry under subsection (1), a person authorized by the Regulator under that subsection has and may exercise all the powers of a person appointed as a commissioner under Part I of the Inquiries Act . Report (4) As soon as feasible after the conclusion of an inquiry under subsection (1), the person or persons authorized to conduct the inquiry shall submit a report to the Regulator, together with the evidence and other material that was before the inquiry. Publication (5) The Regulator shall publish the report within 30 days after the Regulator receives it. Copies of report (6) The Regulator may supply copies of a report published under subsection (5) in any manner and on any terms that the Regulator considers appropriate. 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.24
Reasonable care 183.24 The holder of an authorization issued under subsection 138.01(1) shall take all reasonable care to ensure the safety of persons and facilities and the protection of property and the environment. 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.25
Regulations 183.25 (1) Subject to section 7, the Governor in Council may, for the purposes of safety, the protection of the environment and accountability, make regulations (a) defining, in relation to offshore renewable energy projects, “facility” and “equipment” for the purposes of section 139.1 and “serious” for the purpose of section 183.23; (b) respecting works and activities related to offshore renewable energy projects; (c) authorizing the Regulator, or any person, to make any orders that are specified in the regulations and to exercise any powers and perform any duties that are necessary for the design, construction, operation or abandonment of an offshore renewable energy project within the offshore area; (d) respecting arbitrations relating to offshore renewable energy projects for the purposes of subsection 138.1(2), including the costs of or incurred in relation to such arbitrations; (e) respecting the approvals to be granted as terms and conditions of authorizations issued under subsection 138.01(1); (f) prohibiting, in relation to offshore renewable energy projects, the introduction into the environment of substances, classes of substances and forms of energy, in prescribed circumstances; (g) respecting the creation, conservation and production of records relating to offshore renewable energy projects; and (h) prescribing, in relation to offshore renewable energy projects, anything that is required to be prescribed for the purposes of this Part. Incorporation by reference (2) Unless otherwise provided in this Part, a regulation made under subsection (1) may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time. 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.26
Equivalent standards and exemptions 183.26 (1) Subject to subsection (2), the Chief Safety Officer and Chief Conservation Officer may (a) authorize the use of equipment, methods, measures or standards in lieu of any required by any regulation made under section 183.25 if those Officers are satisfied that the use of that other equipment or those other methods, measures or standards would provide a level of safety and protection of the environment equivalent to that provided by compliance with the regulations; or (b) grant an exemption from any requirement imposed by any regulation made under section 183.25 in respect of equipment, methods, measures or standards if those Officers are satisfied with the level of safety and protection of the environment that will be achieved without compliance with that requirement. One-officer authorizations (2) The Chief Safety Officer alone may exercise the powers referred to in paragraph (1)(a) or (b) if the regulatory requirement referred to in that paragraph does not relate to protection of the environment, and the Chief Conservation Officer alone may exercise those powers if the regulatory requirement does not relate to safety. No contravention (3) No person contravenes the regulations if that person acts in compliance with an authorization or exemption under subsection (1) or (2). 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.27
Guidelines and interpretation notes 183.27 (1) The Regulator may issue and publish, in any manner the Regulator considers appropriate, guidelines and interpretation notes with respect to the application and administration of section 138.01, any regulations respecting offshore renewable energy projects made under sections 29.1 and 183.25 and any regulations made under section 183.29 and subsection 183.3(3). Deemed not to be statutory instruments (2) Guidelines and interpretation notes issued under subsection (1) are deemed not to be statutory instruments for the purposes of the Statutory Instruments Act . 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.28
Orders 183.28 (1) The Regulator may, by order, direct any of the following persons or bodies to take measures in respect of an abandoned facility that the Regulator considers necessary for the safety of persons or the abandoned facility or for the protection of property or the environment: (a) the holder of an authorization under paragraph 138(1)(b) or subsection 138.01(1) or any other person; (b) a provincial government or a provincial Crown corporation; and (c) a local authority. Measures to be taken (2) If a person or body does not comply with an order under subsection (1), the Regulator may (a) take any action or measure the Regulator considers necessary; (b) authorize an officer or employee, or class of officers or employees, of the Regulator to take the action or measure; or (c) authorize a third party to take the action or measure. Orders deemed not to be statutory instruments (3) Orders made under subsection (1) shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act . 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.29
Regulations 183.29 Subject to section 7, the Governor in Council may make regulations respecting abandoned facilities, including with respect to liability and to the proof of financial responsibility or financial resources to be provided by an applicant or holder of an authorization under subsection 138.01(1). 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.3
Abandoned facilities 183.3 (1) A person shall not make contact with, alter or remove an abandoned facility unless they are authorized to do so in an order made under subsection (2) or by regulations. Order (2) The Chief Safety Officer may make an order, subject to any conditions that that Officer considers appropriate, authorizing a person to make contact with, alter or remove an abandoned facility. Regulations (3) Subject to section 7, the Governor in Council may make regulations respecting the circumstances in which or conditions under which an order under subsection (2) is not necessary. 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 184
Orders and decisions final 184 (1) Except as provided in this Division, every decision or order of the Committee is final and conclusive. Decision or order defined (2) Any minute or other record of the Committee or any document issued by the Committee, in the form of a decision or order, shall for the purposes of this section be deemed to be a decision or an order of the Committee.
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 185
Stated case for Supreme Court of Newfoundland and Labrador 185 (1) The Committee may of its own motion or at the request of the Regulator state a case, in writing, for the opinion of the Supreme Court of Newfoundland and Labrador on any question that in the opinion of the Committee is a question of law or of the jurisdiction of the Committee. Proceedings on case (2) The Supreme Court of Newfoundland and Labrador shall hear and determine the case stated, and remit the matter to the Committee with the opinion of the Court on the matter. 1987, c. 3, s. 185; 2014, c. 13, s. 30 2024, c. 20, s. 77
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 186
Regulator may review orders of Committee 186 The Regulator may, at any time, in its discretion, either on petition of any interested person or of its own motion, vary or rescind any decision or order of the Committee made under this Part, whether such order is made between parties or otherwise and any order that the Regulator makes with respect thereto becomes a decision or order of the Committee and, subject to section 187, is binding on the Committee and on all parties. 1987, c. 3, s. 186 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 187
Appeal to Supreme Court of Newfoundland and Labrador 187 (1) An appeal lies from a decision or order of the Committee to the Supreme Court of Newfoundland and Labrador on a question of law, on leave being obtained from that Court, in accordance with the practice of that Court, on application made within one month after the making of the decision or order sought to be appealed from or within any further time that Court may allow. Staying order (2) Where leave to appeal is granted pursuant to subsection (1), any order of the Committee in respect of which the appeal is made shall be stayed until the matter of the appeal is determined. Powers of Court (3) After the hearing of the appeal, the Supreme Court of Newfoundland and Labrador shall certify its opinion to the Committee and the Committee shall make any order necessary to comply with that opinion. Order subject to section 186 (4) Any order made by the Committee pursuant to subsection (3), unless that order has already been dealt with by the Regulator pursuant to section 186, shall be subject to that section. 1987, c. 3, s. 187; 2014, c. 13, s. 31 2024, c. 20, s. 78 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 188
Operational safety officers 188 (1) Subject to subsection (4), the Federal Minister and the Provincial Minister shall jointly designate as an operational safety officer for the purposes of the administration and enforcement of this Part an individual who has been recommended by the Regulator. The Ministers shall make the designation within 30 days after the day on which they receive the name of the individual from the Regulator. Conservation officers (2) Subject to subsection (4), the Federal Minister and the Provincial Minister shall jointly designate as a conservation officer for the purposes of the administration and enforcement of this Part an individual who has been recommended by the Regulator. The Ministers shall make the designation within 30 days after the day on which they receive the name of the individual from the Regulator. Notice of designation (3) The Ministers shall, without delay after making a designation, notify the Regulator, in writing, that the designation has been made. Restriction (4) The Ministers shall not designate an individual if they are not satisfied that the individual is qualified to exercise the powers and carry out the duties and functions of an operational safety officer or a conservation officer, as the case may be, under this Part. If an individual is not designated, the Ministers shall without delay notify the Regulator of it, in writing. Indemnification (5) An individual designated under subsection (1) or (2) who is not an employee of the Regulator is deemed to be an officer for the purposes of section 16. 1987, c. 3, s. 188; 1992, c. 35, s. 80; 2014, c. 13, s. 33 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 189.1
Reports provided to holder of authorization 189.1 An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, as the case may be, shall provide written reports to the holder of an authorization about anything inspected, tested or monitored, by or on the order of the officer, for the purpose of verifying compliance with this Part, at any place that is used for a work or activity for which the authorization is issued. 2014, c. 13, s. 33
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 190
Certificate to be produced 190 The Regulator shall provide every operational safety officer and conservation officer and the Chief Safety Officer and the Chief Conservation Officer with a certificate of appointment or designation and, on entering any place under the authority of this Part, the officer shall, if so required, produce the certificate to the person in charge of the place. 1987, c. 3, s. 190; 1992, c. 35, s. 80; 2014, c. 13, s. 34(E) 2024, c. 20, s. 101