GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 53
Appointment of representative 53 (1) Where an interest owner consists of two or more holders, such holders shall, in the manner prescribed, appoint one of their number to act as representative of the interest owner for the purposes of this Part, but such holders may, with the consent of the Regulator, appoint different representatives for different purposes. Designation of representative (2) In the event that an interest owner consisting of two or more holders fails to appoint a representative for any of the purposes of this Part, the Regulator may designate one of such holders as the representative of the interest owner for such purposes. Acts or omissions of representative binding (3) An interest owner is bound by the acts or omissions of the appointed or designated representative of such interest owner with respect to any matter to which the authority of the representative extends. Duties of representative (4) A representative of an interest owner appointed or designated under this section shall perform the duties in respect of the purposes for which that representative has been appointed or designated, and any operating agreement or other similar arrangement in force in respect of the relevant interest of that interest owner stands varied or amended to the extent necessary to give effect to this subsection. 1987, c. 3, s. 53 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 54
Prohibition orders — petroleum 54 (1) Subject to sections 31 to 40, the Regulator may, except in a case referred to in subsection (2), by order, for any purposes and under any conditions set out in the order, prohibit the issuance of petroleum-related interests in respect of any portions of the offshore area specified in the order. Prohibition orders — offshore renewable energy (1.1) The Federal Minister and the Provincial Minister may, except in a case referred to in subsection (2), issue a joint direction to the Regulator to, by order, for any purposes and under any conditions set out in the order, prohibit the issuance of submerged land licences in respect of any portions of the offshore area specified in the order. Exclusive decision of Federal Minister (2) The Federal Minister may, by order, in the case of a disagreement with any government concerning the location of an international boundary and under such conditions as may be set out in the order, prohibit the issuance of interests in respect of such portions of the offshore area as are specified in the order. Directions deemed not to be statutory instruments (3) Directions issued under subsection (1.1) shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act . 1987, c. 3, s. 54 2024, c. 20, s. 26
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 55
Surrender of interests 55 (1) An interest owner may, in the manner prescribed and subject to any requirements that may be prescribed respecting the minimum geographical area to which an interest may relate, surrender an interest in respect of all or any portion of the offshore area subject to the interest. Debts due to Her Majesty not affected (2) Any liability of an interest owner or interest holder to Her Majesty in right of Canada, either direct or by way of indemnity, that exists at the time of any surrender under subsection (1) is not affected by the surrender.
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 56
Prohibition orders 56 (1) Subject to subsections (2) and (2.1), the Regulator may, by order, prohibit any interest owner specified in the order from commencing or continuing any work or activity on the portions of the offshore area or any part of those portions that are subject to the interest of that interest owner, in the case of (a) an environmental or social problem of a serious nature; or (b) dangerous or extreme weather conditions affecting the health or safety of people or the safety of equipment. Fundamental decisions (2) The making of an order by the Regulator in a case referred to in paragraph (1)(a) with respect to a petroleum-related interest is subject to sections 31 to 40. Ministerial decision (2.1) The making of an order by the Regulator in a case referred to in paragraph (1)(a) with respect to a submerged land licence is subject to sections 40.1 to 40.3. Order of Federal Minister (3) The Federal Minister may, in the case of a disagreement with any government concerning the location of an international boundary, by order, prohibit any interest owner specified in the order from commencing or continuing any work or activity on the portions of the offshore area or any part thereof that are subject to the interest of that interest owner. Suspension of requirements in relation to interest (4) Where, by reason of an order made under subsection (1) or (3), any requirement in relation to an interest cannot be complied with while the order is in force, compliance with the requirement is suspended until the order is revoked. Extension of term of interest (5) Notwithstanding any other provision in this Act, the term of an interest that is subject to an order under subsection (1) or (3) and the period provided for compliance with any requirement in relation to the interest are extended for a period equal to the period that the order is in force. Relieving authority not affected (6) Nothing in this section affects the authority of the Regulator to relieve a person from any requirement in relation to an interest or under this Part or the regulations. 1987, c. 3, s. 56 2024, c. 20, s. 27 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 56.1
Prohibitions — regulations 56.1 Subject to section 7, the Governor in Council may, for the purpose of the protection of the environment, make regulations prohibiting, in respect of any portion of the offshore area that is specified in those regulations and that is located in an area that is or, in the opinion of the Governor in Council, may be identified under an Act of Parliament or of the Legislature of the Province as an area for environmental or wildlife conservation or protection, (a) the commencement or continuation of (i) any work or activity relating to the exploration or drilling for or the production, conservation, processing or transportation of petroleum, or (ii) an offshore renewable energy project; or (b) the issuance of interests. 2024, c. 20, s. 28
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 56.3
Compensation — surrender 56.3 (1) If an interest owner surrenders an interest referred to in subsection 56.2(1), His Majesty in right of Canada may grant any compensation that is determined by negotiations with the Federal Minister for the surrender of the interest. Compensation — cancellation (2) If an interest is cancelled by an order made under subsection 56.2(4), His Majesty in right of Canada may grant an interest owner the compensation that is specified in the order. If the order cancels a petroleum-related interest, it is subject to section 124 in respect of the amount of that compensation, and, for the purposes of this subsection, any reference to the Regulator in that section is to be read as a reference to the Federal Minister. No compensation (3) A person shall not have any right to claim or receive any compensation, damages, indemnity or other form of relief from His Majesty in right of Canada or from any servant or agent of His Majesty in right of Canada for any acquired, vested, future or potential right or entitlement that is affected by a surrender of an interest referred to in subsection 56.2(1) or a cancellation of an interest referred to in subsection 56.2(4), other than compensation that may be granted to an interest owner under this section. 2024, c. 20, s. 28
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 56.5
Compensation — surrender 56.5 (1) If an interest owner surrenders an interest referred to in subsection 56.4(1), His Majesty in right of the Province may grant any compensation that is determined by negotiations with the Provincial Minister for the surrender of the interest. Compensation — cancellation (2) If an interest is cancelled by an order made under subsection 56.4(4), His Majesty in right of the Province may grant an interest owner the compensation that is specified in the order. The order is subject to section 124 in respect of the amount of that compensation, and, for the purposes of this subsection, any reference to the Regulator in that section is to be read as a reference to the Provincial Minister. No compensation (3) A person shall not have any right to claim or receive any compensation, damages, indemnity or other form of relief from His Majesty in right of the Province or from any servant or agent of His Majesty in right of the Province for any acquired, vested, future or potential right or entitlement that is affected by a surrender of an interest referred to in subsection 56.4(1) or a cancellation of an interest referred to in subsection 56.4(4), other than compensation that may be granted to an interest owner under this section. 2024, c. 20, s. 28
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 57
Authority to issue petroleum-related interests 57 (1) The Regulator may issue petroleum-related interests in respect of any portion of the offshore area in accordance with this Part and the regulations. Fundamental decision (2) The issuance of a petroleum-related interest by the Regulator is subject to sections 31 to 40 unless the issuance of the interest is mandatory under another provision of this Part. Application of interest may be limited (3) Subject to subsection (4), the application of any petroleum-related interest may be restricted to geological formations and to substances specified in the interest. Exception (4) Subsection (3) does not apply to any petroleum-related interest (a) that is in force or in respect of which negotiations were completed before or on the coming into force of this section in relation to any portion of the offshore area; or (b) that immediately succeeds an interest referred to in paragraph (a) in relation to that portion of the offshore area if that portion was not a Crown reserve area on the expiration of the interest referred to in paragraph (a). 1987, c. 3, s. 57 2024, c. 20, s. 30
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 58
Calls for bids 58 (1) Subject to section 61, the Regulator shall not issue a petroleum-related interest in relation to Crown reserve areas unless (a) prior to issuing the interest, the Regulator has made a call for bids in relation to those Crown reserve areas by publishing a notice in accordance with this section and section 63; and (b) the interest is issued to the person who submitted, in response to the call, the bid selected by the Regulator in accordance with subsection 59(1). Fundamental decision (2) The making of a call for bids for the issuance of a petroleum-related interest is subject to sections 31 to 40. Requests for call for bids (3) Any request received by the Regulator to make a call for bids for the issuance of a petroleum-related interest in relation to particular portions of the offshore area shall be considered by the Regulator in selecting the portions of the offshore area to be specified in such a call for bids. Contents of call (4) The call for bids shall specify (a) the interest to be issued and the portions of the offshore area to which the interest is to apply; (b) if applicable, the geological formations and substances to which the interest is to apply; (c) the other terms and conditions subject to which the interest is to be issued; (d) any terms and conditions that a bid must satisfy to be considered by the Regulator; (e) the form and manner in which a bid is to be submitted; (f) subject to subsection (5), the closing date for the submission of bids; and (g) the sole criterion that the Regulator will apply in assessing bids submitted in response to the call. Time of publishing call (5) Unless otherwise prescribed, a call for bids shall be published at least one hundred and twenty days before the closing date for the submission of bids specified in the call. 1987, c. 3, s. 58; 1994, c. 26, s. 11(F) 2024, c. 20, s. 31 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 59
Selection of bid 59 (1) A bid submitted in response to a call for bids for the issuance of a petroleum-related interest shall not be selected unless (a) the bid satisfies the terms and conditions and is submitted in the form and manner specified in the call; and (b) the selection is made on the basis of the criterion specified in the call. Publication of bid selected (2) If the Regulator selects a bid submitted in response to the call for bids, the Regulator shall publish a notice in accordance with section 63 setting out the terms and conditions of that bid. Interest to be consistent with call (3) If a petroleum-related interest is to be issued as a result of a call for bids, the terms and conditions of the interest shall be substantially consistent with any terms and conditions in respect of the interest specified in the call. Publication of terms and conditions of interest (4) The Regulator shall publish a notice in accordance with section 63 setting out the terms and conditions of any petroleum-related interest issued as a result of a call for bids as soon as practicable after its issuance. 1987, c. 3, s. 59 2024, c. 20, s. 32
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 60
Issuance of interest not required 60 (1) The Regulator is not required to issue a petroleum-related interest as a result of a call for bids. New call required (2) Subject to section 61, if the Regulator has not issued a petroleum-related interest with respect to a particular portion of the offshore area specified in a call for bids within six months after the closing date specified in the call for bids, the Regulator shall, before issuing a petroleum-related interest in relation to that portion of the offshore area, make a new call for bids. 1987, c. 3, s. 60 2024, c. 20, s. 33
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 61
Exception to call for bids — petroleum 61 (1) Subject to sections 31 to 40, the Regulator may issue a petroleum-related interest, in relation to any Crown reserve area, without making a call for bids if (a) the portion of the offshore area to which the interest is to apply has, through error or inadvertence, become a Crown reserve area and the interest owner who last held an interest in relation to such portion of the offshore area has, within one year after the time it became a Crown reserve area, requested the Regulator to issue an interest; or (b) the Regulator is issuing the interest to an interest owner in exchange for the surrender by the interest owner, at the request of the Regulator, of any other interest or a share in any other interest, in relation to all or any portion of the offshore area subject to that other interest. Notice (2) Where the Regulator proposes to issue an interest under subsection (1), the Regulator shall, not later than ninety days before issuing the interest, publish a notice in accordance with section 63 setting out the terms and conditions of the proposed interest. 1987, c. 3, s. 61 2024, c. 20, s. 34 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 62
Failure to comply with call procedures 62 If a petroleum-related interest has been issued, it is not vitiated by reason only of a failure to comply with any of the requirements set out in sections 58 to 61 respecting the form and content of, and time and manner of publishing, any notice required by those sections in relation to that interest. 1987, c. 3, s. 62 2024, c. 20, s. 35
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 63
Manner of publication of notices 63 Any notice required to be published by the Regulator pursuant to subsection 58(1), 59(2) or (4), 61(2) or 68(2) shall be published in the Canada Gazette and in any other publication the Regulator deems appropriate and, notwithstanding those subsections, may contain only a summary of the information required to be published and a statement that the full text thereof is available for inspection by any person on request made to the Regulator. 1987, c. 3, s. 63 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 64
Regulations 64 Subject to section 7, the Governor in Council may, for the purposes of section 58, make regulations of general application in relation to the offshore area or any portion thereof, or in respect of any particular call for bids, prescribing the terms, conditions and criterion to be specified in a call for bids, the manner in which bids are to be submitted and requiring those terms and conditions and that criterion and manner to be specified in the call.
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 65
Rights under exploration licences 65 An exploration licence confers, with respect to the portions of the offshore area to which the licence applies, (a) the right to explore for, and the exclusive right to drill and test for, petroleum; (b) the exclusive right to develop those portions of the offshore area in order to produce petroleum; and (c) the exclusive right, subject to compliance with the other provisions of this Part to obtain a production licence.
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 66
Shares 66 A share in an exploration licence may, subject to any requirements that may be prescribed, be held with respect to a portion only of the offshore area subject to the exploration licence.
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 67
Terms and conditions 67 (1) An exploration licence shall contain such terms and conditions as may be prescribed and may contain any other terms and conditions, not inconsistent with this Part or the regulations, as may be agreed on by the Regulator, subject to sections 31 to 40, and the interest owner of the licence. Regulations (2) Subject to section 7, the Governor in Council may make regulations prescribing terms and conditions required to be included in exploration licences issued in relation to the offshore area or any portion thereof. 1987, c. 3, s. 67 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 68
Amendment of exploration licence 68 (1) The Regulator, subject to sections 31 to 40, and the interest owner of an exploration licence may, by agreement, amend any provision of the exploration licence in any manner not inconsistent with this Part or the regulations and, without limiting the generality of the foregoing, may, subject to subsection (2), amend the licence to include any other portion of the offshore area. Exception (2) The Regulator shall not amend an exploration licence to include any portion of the offshore area that, immediately prior to the inclusion, was a Crown reserve area unless the Regulator would be able to issue an interest to that interest owner in relation to that area under subsection 61(1) and a notice has been published in accordance with section 63 not later than ninety days before making the amendment, setting out the terms and conditions of the amendment. Consolidation of exploration licences (3) Subject to sections 31 to 40, the Regulator may, on the application of the interest owners of two or more exploration licences, consolidate those exploration licences into a single exploration licence, subject to any terms and conditions that may be agreed on by the Regulator and those interest owners. 1987, c. 3, s. 68 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 69
Effective date of exploration licence 69 (1) The effective date of an exploration licence is the date specified in the licence as the effective date thereof. Non-renewable term of nine years (2) Subject to subsection (3) and section 70, the term of an exploration licence shall not exceed nine years from the effective date of the licence and shall not be extended or renewed. Exception (3) Subject to section 70, the term of an exploration licence entered into or in respect of which negotiations have been completed before December 20, 1985 may be renegotiated once only for a further term not exceeding four years and thereafter the term thereof shall not be renegotiated, extended or renewed. Crown reserve areas on expiration of licence (4) On the expiration of an exploration licence, the portions of the offshore area to which the exploration licence related and that are not subject to a production licence or a significant discovery licence become Crown reserve areas.
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 70
Continuation of exploration licence where drilling commenced 70 (1) Where, prior to the expiration of the term of an exploration licence, the drilling of any well has been commenced on any portion of the offshore area to which the exploration licence applies, the exploration licence continues in force while the drilling of that well is being pursued diligently and for so long thereafter as may be necessary to determine the existence of a significant discovery based on the results of that well. Deemed pursued diligently (2) Where the drilling of a well referred to in subsection (1) is suspended by reason of dangerous or extreme weather conditions or mechanical or other technical problems encountered in the drilling of the well, the drilling of that well shall, for the purposes of subsection (1), be deemed to be being pursued diligently during the period of suspension. Drilling of second well deemed commenced (3) Where the drilling of a well referred to in subsection (1) cannot be completed for mechanical or other technical problems and if, within ninety days after the cessation of drilling operations with respect to that well, or such longer period as the Regulator determines, the drilling of another well is commenced on any portion of the offshore area that was subject to the exploration licence, the drilling of that other well shall, for the purposes of subsection (1), be deemed to have commenced prior to the expiration of the term of the exploration licence. 1987, c. 3, s. 70 2024, c. 20, s. 101