Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 139
Approval of general approach of development 139 (1) No approval that is (a) applicable to an authorization under paragraph 138(1)(b) to carry on work or activity in relation to developing a pool or field, and (b) prescribed by the regulations for the purposes of this subsection shall be granted, except with the approval of both Ministers, unless the Regulator, on application submitted in accordance with subsection (2), has approved a development plan relating to the pool or field pursuant to paragraphs (4)(a) and (b). Application and submission of development plan (2) For the purposes of subsection (1), an application for the approval of a development plan shall be submitted to the Regulator in the form and containing the information fixed by the Regulator, at such time and in such manner as may be prescribed, together with the proposed development plan in the form and containing the information described in subsection (3). Development plan in two parts (3) A development plan relating to the proposed development of a pool or field submitted pursuant to this section shall be set out in two parts, containing (a) in Part I, a description of the general approach of developing the pool or field, and in particular, information, in such detail as may be prescribed, with respect to (i) the scope, purpose, location, timing and nature of the proposed development, (ii) the production rate, evaluations of the pool or field, estimated amounts of petroleum proposed to be recovered, reserves, recovery methods, production monitoring procedures, costs and environmental factors in connection with the proposed development, and (iii) the production system and any alternative production systems that could be used for the development of the pool or field; and (b) in Part II, all technical or other information and proposals, as may be prescribed, necessary for a comprehensive review and evaluation of the proposed development. Approval of development plan (4) After reviewing an application and development plan submitted by any person pursuant to this section the Regulator may, subject to such requirements as the Regulator deems appropriate or as may be prescribed, approve (a) subject to sections 31 to 40, Part I of the development plan; and (b) Part II of the development plan. Approval of amendments to plan (5) Where a development plan has been approved pursuant to subsection (4), no amendment of Part I or II of the development plan shall be made unless it is approved by the Regulator in accordance with paragraph (4)(a) or (b), as the case may be. Application of certain provisions (6) Subsections (2) to (5) apply, with such modifications as the circumstances require, with respect to a proposed amendment to a development plan. Transboundary pool (7) The definitions in section 166 also apply in subsections (8) to (12). Approval subject to agreement (8) Despite subsection (4), a development plan submitted for approval in respect of a work or activity to be carried out in a transboundary pool that is the subject of a joint exploitation agreement is not to be approved by the Regulator unless the appropriate authority has agreed to its content. The approval of Part I of that development plan is subject to sections 31 to 40 — or in respect of any transboundary pool that extends into the jurisdiction of a foreign government, to the consent of the Federal Minister in consultation with the Provincial Minister — and any requirements that the Regulator and appropriate authority have agreed are appropriate or that may be prescribed. Disagreement (9) In the case of a disagreement about the content of the plan submitted for approval, or any of the requirements for approval referred to in subsection (8), the Regulator or the appropriate authority — or in respect of any transboundary pool extending into the jurisdiction of a foreign government, the Federal Minister after having consulted the Minister of Foreign Affairs and the Provincial Minister — may refer the matt