GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 139.1
Declaration by applicant — petroleum 139.1 (1) No authorization under paragraph 138(1)(b) shall be issued unless the Regulator has received, from the applicant for the authorization, a declaration in the form fixed by the Regulator that states that (a) the equipment and installations that are to be used in the work or activity to be authorized are fit for the purposes for which they are to be used, the operating procedures relating to them are appropriate for those uses, and the personnel who are to be employed in connection with them are qualified and competent for their employment; and (b) the applicant shall ensure, so long as the work or activity that is authorized continues, that the equipment and installations continue to be fit for the purposes for which they are used, the operating procedures continue to be appropriate for those uses, and the personnel continue to be so qualified and competent. Declaration by applicant or holder — offshore renewable energy (2) An applicant or holder of an authorization under subsection 138.01(1) shall, prior to a date determined by regulations or, in the absence of regulations, by the Regulator, provide the Regulator with a declaration in the form fixed by it that states that (a) the equipment and facilities that are to be used in the work or activity to be authorized are fit for the purposes for which they are to be used, the operating procedures relating to them are appropriate for those uses, and the personnel who are to be employed in connection with them are qualified and competent for their employment; and (b) the applicant or holder shall ensure, so long as the work or activity that is authorized continues, that the equipment and facilities continue to be fit for the purposes for which they are used, the operating procedures continue to be appropriate for those uses, and the personnel continue to be so qualified and competent. Changes (3) If the equipment, an installation, a facility, the operating procedures or any of the personnel specified in a declaration changes and no longer conforms to the declaration, the holder of the authorization that provided the declaration shall provide the Regulator with a new declaration as soon as the circumstances permit after the change occurs. Immunity (4) The Regulator or any delegate of the Regulator is not liable to any person by reason only of having issued an authorization in reliance on a declaration made under this section. 1992, c. 35, s. 60; 2014, c. 13, s. 23 2024, c. 20, s. 67 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 139.2
Certificate 139.2 (1) No authorization under paragraph 138(1)(b) shall be issued with respect to any prescribed equipment or installation, or any equipment or installation of a prescribed class, unless the Regulator has received, from the applicant for the authorization, a certificate issued by a certifying authority in the form fixed by the Regulator. Continuing obligation (2) The holder of an authorization shall ensure that the certificate referred to in subsection (1) remains in force for so long as the equipment or installation to which the certificate relates is used in the work or activity in respect of which the authorization is issued. Contents of certificate (3) A certificate referred to in subsection (1) shall state that the equipment or installation in question (a) is fit for the purposes for which it is to be used and may be operated safely without posing a threat to persons or to the environment in the location and for the time set out in the certificate; and (b) is in conformity with all of the requirements and conditions that are imposed for the purposes of this section by subsection 138(4), whether they are imposed by regulation or by the Regulator. Validity of certificate (4) A certificate referred to in subsection (1) is not valid if the certifying authority (a) has not complied with any prescribed procedure or any procedure that the Regulator may establish; or (b) is a person or an organization that has participated in the design, construction or installation of the equipment or installation in respect of which the certificate is issued, to any extent greater than that prescribed. Access (5) An applicant shall permit the certifying authority to have access to the equipment and installations in respect of which the certificate is required and to any information that relates to them. Definition of certifying authority (6) For the purposes of this section, certifying authority has the meaning assigned by the regulations. Immunity (7) The Regulator or any delegate of the Regulator is not liable to any person by reason only of having issued an authorization in reliance on a certificate issued under this section. 1992, c. 35, s. 60 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 140
Designation 140 The Regulator may, for the purposes of this Act, designate any person as the Chief Safety Officer and any other person as the Chief Conservation Officer. However, the Chief Executive Officer may not be designated as the Chief Safety Officer. 1987, c. 3, s. 140; 1992, c. 35, s. 61; 2014, c. 13, s. 24 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 140.1
Order 140.1 For the purposes of this Act, an order made by an operational safety officer, the Chief Safety Officer, a conservation officer, the Chief Conservation Officer, the Committee or a health and safety officer as defined in subsection 205.001(1) is not a statutory instrument as defined in the Statutory Instruments Act . 1992, c. 35, s. 61; 2014, c. 13, s. 25
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 140.2
Title 140.2 (1) Subject to subsection (2), title to petroleum produced during an extended formation flow test vests in the person who conducts the test in accordance with an authorization under section 138, with every approval and requirement subject to which such an authorization is issued and with any applicable regulation, whether or not the person has a production licence issued under Part II. Conditions (2) Title to petroleum referred to in subsection (1) is conditional on compliance with the terms of the authorization, approval or regulation, including the payment of royalties or other payment in lieu of royalties. Limitation (3) This section applies only in respect of an extended formation flow test that provides significant information for determining the best recovery system for a reservoir or for determining the limits of a reservoir or the productivity of a well producing petroleum from a reservoir and that does not adversely affect the ultimate recovery from a reservoir. 1992, c. 35, s. 61 2024, c. 20, s. 69(F)
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 141
Oil and Gas Committee 141 (1) The Regulator may, for the purposes of this Part and Part III of the Provincial Act, establish a committee to be known as the Oil and Gas Committee, consisting of not more than five members, not more than three of whom may be employees in the federal public administration or the public service of the Province. Appointment of members and chairperson (2) The members of the Committee shall be appointed by the Regulator to hold office for a term of three years, and one member shall be designated as chairperson for such term as may be fixed by the Regulator. Re-appointment permitted (3) A retiring chairperson or retiring member may be re-appointed to the Committee in the same or another capacity. 1987, c. 3, s. 141; 2003, c. 22, s. 119(E); 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-7.5 142
Qualification of members 142 (1) The Regulator shall appoint as members of the Committee at least two persons who appear to the Regulator to have specialized, expert or technical knowledge of petroleum. Idem (2) The members and employees of the Regulator and the Chief Conservation Officer are not eligible to be members of the Committee. Staff (3) The Regulator shall provide the Committee with such officers, clerks and employees as may be necessary for the proper conduct of the affairs of the Committee, and may provide the Committee with such professional or technical assistance for temporary periods or for specific work as the Committee may request, but no such assistance shall be provided otherwise than from the staff of the Regulator except with the approval of the two Ministers. Remuneration (4) The members of the Committee who are not employees in the federal public administration or the public service of the Province shall be paid such remuneration as may be authorized by the Regulator. Expenses (5) The members of the Committee are entitled to be paid reasonable travel and living expenses while absent from their ordinary place of residence in the course of their duties. 1987, c. 3, s. 142; 2003, c. 22, s. 120 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 143
Interest in petroleum properties 143 No member of the Committee shall have a pecuniary interest of any description, directly or indirectly, in any property in petroleum to which this Part applies or own shares in any company engaged in any phase of the petroleum industry in Canada in an amount in excess of five per cent of the issued shares thereof and no member who owns any shares of any company engaged in any phase of the petroleum industry in Canada shall vote when a question affecting such a company is before the Committee.
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 144
Quorum 144 (1) A majority of the members, including one member who is not an employee in the federal public administration or the public service of the Province, constitutes a quorum of the Committee. Powers of Committee (2) The Committee may make general rules not inconsistent with this Part regulating its practice and procedure and the places and times of its sittings. 1987, c. 3, s. 144; 2003, c. 22, s. 121
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 145
Jurisdiction 145 (1) Where, under this Part, the Committee is charged with a duty to hold an inquiry or to hear an appeal, the Committee has full jurisdiction to inquire into, hear and determine the matter of any such inquiry or appeal and to make any order, or give any direction that pursuant to this Part the Committee is authorized to make or give or with respect to any matter, act or thing that by this Part may be prohibited or approved by the Committee or required by the Committee to be done. Powers of Committee (2) For the purpose of any inquiry, hearing or appeal, or the making of any order pursuant to this Part, the Committee has, regarding the attendance, swearing and examination of witnesses, the production and inspection of documents, the entry on and inspection of property, the enforcement of its orders and regarding other matters necessary or proper for the due exercise of its jurisdiction pursuant to this Part, all such powers, rights and privileges as are vested in a superior court of record. Finding of fact conclusive (3) The finding or determination of the Committee on any question of fact within its jurisdiction is binding and conclusive.
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 146
Deputing member to hold inquiry 146 (1) The Committee may authorize and depute any member thereof to inquire into such matter before the Committee as may be directed by the Committee and to report the evidence and findings, if any, thereon to the Committee, and when such report is made to the Committee, it may be adopted as a finding of the Committee or otherwise dealt with as the Committee considers advisable. Powers of deputed member (2) Where an inquiry is held by a member under subsection (1), the member has all the powers of the Committee for the purpose of taking evidence or acquiring information for the purposes of the report to the Committee.
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 147
Advisory functions 147 The Regulator may at any time refer to the Committee for a report or recommendation any question, matter or thing arising under this Part or relating to the conservation, production, storage, processing or transportation of petroleum. 1987, c. 3, s. 147 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 148
Enforcement of Committee orders 148 (1) Any order made by the Committee may, for the purpose of its enforcement, be made an order of the Supreme Court of Newfoundland and Labrador and shall be enforced in the same manner as any order of that Court. Procedure for enforcement (2) To make an order of the Committee an order of the Supreme Court of Newfoundland and Labrador, the practice and procedure established by the Provincial Act for making any order an order of that Court may be followed. When order rescinded or replaced (3) When an order of the Committee has been made an order of the Supreme Court of Newfoundland and Labrador, any order of the Committee, or of the Regulator under section 186, rescinding or replacing the first mentioned order of the Committee, has the effect of cancelling the order of the Court and may in the same manner be made an order of the Court. 1987, c. 3, s. 148; 2014, c. 13, s. 26 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 149.1
Amendments to Schedule 1 or 2 149.1 (1) The Governor in Council may, by order, amend Schedule 1 or 2 to add, amend or remove a reference to a federal Act or regulation, or to a provision of a federal Act or regulation. Recommendation (2) The order shall be made on the recommendation of the Federal Minister and every minister responsible for the administration of the provision. 2015, c. 4, s. 55
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 151
Equivalent standards and exemptions 151 (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 149, if those Officers are satisfied that the use of that other equipment and those other methods, measures or standards would provide a level of safety, protection of the environment and conservation equivalent to that provided by compliance with the regulations; or (b) grant an exemption from any requirement imposed, by any regulation made under section 149, in respect of equipment, methods, measures or standards, if those Officers are satisfied with the level of safety, protection of the environment and conservation 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 or conservation, 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). 1987, c. 3, s. 151; 1992, c. 35, s. 64; 2014, c. 13, s. 27
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 151.1
Guidelines and interpretation notes 151.1 (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 sections 45, 138 and 139 and subsection 163(1.01) and any regulations respecting petroleum-related works or activities made under sections 29.1 and 149. Deemed not to be statutory instruments (2) Guidelines and interpretation notes issued pursuant to subsection (1) shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act . 1987, c. 3, s. 151.1; 1992, c. 35, s. 65; 2015, c. 4, s. 56 2024, c. 20, s. 73
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 153
Production orders 153 (1) Where the Chief Conservation Officer, on reasonable grounds, is of the opinion that, with respect to an interest in any portion of the offshore area, the capability exists to commence, continue or increase production of petroleum and that a production order would stop waste, the Chief Conservation Officer may order the commencement, continuation or increase of production of petroleum at such rates and in such quantities as are specified in the order. Ceasing production (2) Where the Chief Conservation Officer, on reasonable grounds, is of the opinion that an order under this section would stop waste, the Chief Conservation Officer may order a decrease or the cessation or suspension of production of petroleum for any period specified in the order. Investigation and appeal (3) Subsections 155(2) to (4) and section 157 apply, with such modifications as the circumstances require, to an order under subsection (1) or (2) as if it were an order under subsection 155(1). Access to files and records (4) A person subject to an order under subsection (1) or (2) shall, on request, afford the Chief Conservation Officer or a person designated by the Chief Conservation Officer access to premises, files and records for all reasonable purposes related to the order. 1987, c. 3, s. 153; 1992, c. 35, s. 67
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 154
Waste prohibited 154 (1) Subject to subsection 194(5), any person who commits waste is guilty of an offence under this Division, but a prosecution may be instituted for such an offence only with the consent of the Regulator. Definition of waste (2) In this Part, waste , in addition to its ordinary meaning, means waste as understood in the petroleum industry and in particular, but without limiting the generality of the foregoing, includes (a) the inefficient or excessive use or dissipation of reservoir energy; (b) the locating, spacing or drilling of a well within a field or pool or within part of a field or pool or the operating of any well that, having regard to sound engineering and economic principles, results or tends to result in a reduction in the quantity of petroleum ultimately recoverable from a pool; (c) the drilling, equipping, completing, operating or producing of any well in a manner that causes or is likely to cause the unnecessary or excessive loss or destruction of petroleum after removal from the reservoir; (d) the inefficient storage of petroleum above ground or underground; (e) the production of petroleum in excess of available storage, transportation or marketing facilities; (f) the escape or flaring of gas that could be economically recovered and processed or economically injected into an underground reservoir; or (g) the failure to use suitable artificial, secondary or supplementary recovery methods in a pool when it appears that such methods would result in increasing the quantity of petroleum ultimately recoverable under sound engineering and economic principles. 1987, c. 3, s. 154 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 155
Prevention of waste 155 (1) Where the Chief Conservation Officer on reasonable grounds is of the opinion that waste, other than waste as defined in paragraph 154(2)(f) or (g), is being committed, the Chief Conservation Officer may, subject to subsection (2), order that all operations giving rise to such waste cease until the Chief Conservation Officer is satisfied that the waste has stopped. Investigation (2) Before making any order under subsection (1), the Chief Conservation Officer shall hold an investigation at which interested persons shall be given an opportunity to be heard. Peremptory (3) Notwithstanding subsection (2), the Chief Conservation Officer may, without an investigation, make an order under this section requiring all operations to be shut down if in the opinion of the Chief Conservation Officer it is necessary to do so to prevent damage to persons or property or to protect the environment, but as soon as possible after making any such order and in any event within fifteen days thereafter, the Chief Conservation Officer shall hold an investigation at which interested persons shall be given an opportunity to be heard. Order after inquiry (4) At the conclusion of an investigation under subsection (3), the Chief Conservation Officer may set aside, vary or confirm the order made or make a new order. 1987, c. 3, s. 155; 1992, c. 35, s. 68
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 156
Taking over management 156 (1) For the purpose of giving effect to an order made under section 155, the Chief Conservation Officer may authorize such persons as may be necessary to enter the place where the operations giving rise to the waste are being carried out and take over the management and control of those operations and any works connected therewith. Controlling operations and costs thereof (2) A person authorized under subsection (1) to take over the management and control of operations shall manage and control those operations and do all things necessary to stop the waste, and the cost thereof shall be borne by the person who holds the permit or the lease and, until paid, constitutes a debt recoverable by action in any court of competent jurisdiction as a debt due to the Regulator. 1987, c. 3, s. 156; 1992, c. 35, s. 69(F) 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 157
Appeal to Committee 157 (1) A person aggrieved by an order of the Chief Conservation Officer after an investigation under section 155 may appeal to the Committee to have the order reviewed. Powers on appeal (2) After hearing the appeal, the Committee may (a) set aside, confirm or vary the order made by the Chief Conservation Officer; (b) order such works to be undertaken as may be considered necessary to prevent waste, the escape of petroleum or any other contravention of this Division or the regulations; or (c) make such other or further order as the Committee considers appropriate. 1987, c. 3, s. 157; 1992, c. 35, s. 70(F)
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 158
Waste by failure to utilize gas or to use appropriate recovery methods 158 (1) When the Chief Conservation Officer on reasonable grounds is of the opinion that waste as defined in paragraph 154(2)(f) or (g) is occurring in the recovery of petroleum from a pool, the Chief Conservation Officer may apply to the Committee for an order requiring the operators within the pool to show cause at a hearing to be held on a day specified in the order why the Committee should not make a direction in respect thereof. Hearing (2) On the day specified in the order under subsection (1), the Committee shall hold a hearing at which the Chief Conservation Officer, the operators and other interested persons shall be given an opportunity to be heard. 1987, c. 3, s. 158; 1992, c. 35, s. 71(F)