GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 140.2
Prohibition 140.2 No person shall carry on any work or activity related to an offshore renewable energy project unless (a) that person is the holder of an authorization issued, before the commencement of operations, under subsection 142.011(1) for the work or activity; and (b) if it is required, that person is authorized or entitled to carry on business in the place where that person proposes to carry on the work or activity. 2024, c. 20, s. 166
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 141
Jointly issued notice — prohibition 141 (1) The Federal Minister and the Provincial Minister may jointly issue a written notice prohibiting, for a period beginning on the day specified in the notice and ending on December 31, 2022, the exploration and drilling for and the production, conservation and processing of petroleum in that portion of the offshore area described in Schedule IV, and the transportation of petroleum produced in that portion of the offshore area. Further period (2) The Federal Minister and the Provincial Minister may jointly issue one or successive written notices, after a review of the environmental and socio-economic impact of exploration and drilling activities in that portion of the offshore area described in Schedule IV and any other relevant factor, each extending the prohibition established in subsection (1) in all or any part of that portion of the offshore area for a specified period of no more than 10 years. Prohibition (3) No person shall, for the duration of the period specified in a written notice issued under subsection (1) or (2), engage in the activities listed in subsection (1) in that portion of the offshore area described in Schedule IV or in any part of it that is specified in the notice. 1988, c. 28, s. 141; 2014, c. 13, s. 91(E); 2015, c. 39, s. 3
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 141.1
Delegation 141.1 The Regulator may delegate any of the Regulator’s powers under section 142, 142.011, 142.2, 142.3, 143.1, 143.2, 167.1, 168, 188.2 or 188.21 to any person, and the person shall exercise those powers in accordance with the terms of the delegation. 1992, c. 35, s. 95; 2015, c. 4, s. 85 2024, c. 20, s. 167
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 142
Licences and authorizations 142 (1) The Regulator may, on application made in the form and containing the information fixed by it and in the prescribed manner, issue in relation to petroleum-related works or activities (a) an operating licence; and (b) subject to section 45, an authorization with respect to each work or activity proposed to be carried on. Term and renewals (2) An operating licence expires on the thirty-first day of March immediately after the day on which it is issued and may be renewed for successive periods not exceeding one year each. Requirements for operating licence (3) An operating licence is subject to any requirements that are determined by the Regulator or that are prescribed and to any deposits that are prescribed. Copy to Chief Safety Officer (3.1) On receipt by the Regulator of an application for an authorization for a work or activity referred to in paragraph (1)(b) or of an application to amend such an authorization, the Regulator shall provide a copy of the application to the Chief Safety Officer. Requirements for authorization (4) An authorization is subject to such approvals as the Regulator determines or as may be granted in accordance with the regulations and such requirements and deposits as the Regulator determines or as may be prescribed, including (a) requirements relating to liability for loss, damage, costs or expenses; (b) requirements for the carrying out of environmental programs or studies; (b.1) requirements that are conditions established under the Impact Assessment Act , including those established under section 64 of that Act or by regulations made under paragraph 112(1)(a.2) of that Act; and (c) requirements for the payment of expenses incurred by the Regulator in approving the design, construction and operation of production facilities and production platforms, as those terms are defined in the regulations. Limitation (4.1) The approvals, requirements and deposits that are determined, granted or prescribed shall not be inconsistent with the provisions of this Act or the regulations. Suspension or revocation (5) The Regulator may suspend or revoke an operating licence or an authorization for failure to comply with, contravention of or default in respect of (a) a requirement, approval or deposit, determined by the Regulator in accordance with the provisions of this Part or Part III.1 or granted or prescribed by regulations made under either of those Parts, subject to which the licence or authorization was issued; (a.1) a fee or charge payable in accordance with regulations made under section 30.1; (b) a requirement undertaken in a declaration referred to in subsection 143.1(1); (c) subsection 143.1(3), 143.2(2), 167.1(4) or (5) or 168(1.1), (1.2) or (5); (c.1) any provision of Part III.1; or (d) any applicable regulation. 1988, c. 28, s. 142; 1992, c. 35, s. 96; 2014, c. 13, s. 64; 2015, c. 4, ss. 86, 117 2024, c. 20, s. 169 2024, c. 20, s. 204 2024, c. 20, s. 205(E) 2024, c. 20, s. 206(F)
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 142.01
Authorizations — Sable Island National Park Reserve of Canada 142.01 (1) If the Regulator receives an application for an authorization with respect to a work or activity proposed to be carried on in Sable Island National Park Reserve of Canada, it shall, within 60 days after the day on which it received the application, provide a copy of the application to the Parks Canada Agency. Parks Canada Agency (2) The Parks Canada Agency shall, within 60 days after the day on which it received the copy of the application, advise the Regulator in writing about any potential impact of the proposed work or activity on the management of the surface of Sable Island National Park Reserve of Canada. Regulator to consider advice (3) Before deciding whether to issue the authorization, the Regulator shall consider any advice that it receives under subsection (2). If it issues the authorization, it may include in it terms and conditions, including mitigation or remedial measures, to address the potential impact of the proposed work or activity on the management of the surface of Sable Island National Park Reserve of Canada. 2013, c. 28, s. 7 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 142.011
Authorizations 142.011 (1) The Regulator may, on application containing any information required by the Regulator or prescribed, issue an authorization with respect to each work or activity proposed to be carried out in relation to an offshore renewable energy project. Copy of application (2) On receipt by the Regulator of an application for an authorization referred to in subsection (1) or of an application to amend the authorization, the Regulator shall provide a copy of the application to the Chief Safety Officer. Terms and conditions of authorization (3) An authorization is subject to any terms and conditions required by the Regulator or prescribed, including terms or conditions with respect to (a) approvals; (b) deposits of money; (c) liability for loss, damage, costs or expenses related to debris , as defined in subsection 188.17(1); (d) the carrying out of safety or environmental programs or studies; (d.1) conditions established under the Impact Assessment Act , including those established under section 64 of that Act or by regulations made under paragraph 112(1)(a.2) of that Act; and (e) certificates of fitness and who may issue them. Limitation (4) The terms and conditions shall not be inconsistent with the provisions of this Act or the regulations. Suspension or revocation (5) The Regulator may suspend or revoke an authorization referred to in subsection (1) for failure to comply with, contravention of or default in respect of (a) a term or condition, determined by the Regulator in accordance with the provisions of this Part or Part III.1 or prescribed under either of those Parts, subject to which the authorization was issued; (b) a fee or charge payable in accordance with regulations made under section 30.1; (c) a requirement undertaken in a declaration referred to in subsection 143.1(2); (d) subsection 143.1(3), 188.2(3) or 188.21(2); (e) any provision of Part III.1; or (f) any applicable regulation. 2024, c. 20, s. 170
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 142.012
Definition of designated project 142.012 (1) For the purposes of this section and sections 142.013 to 142.017, designated project means a designated project , as defined in section 2 of the Impact Assessment Act , that is a work or activity referred to in section 140 or 140.2 of this Act. Impact assessment (2) If an application for an authorization under paragraph 142(1)(b) or subsection 142.011(1) or an application made under subsection 143(2) is in respect of a designated project, the Regulator may not make a determination respecting that application before (a) the Impact Assessment Agency of Canada decides, under subsection 16(1) of the Impact Assessment Act , that an impact assessment of that project is not required; or (b) the Minister of the Environment has issued a decision statement under section 65 of that Act. Designating a work or activity (3) If the Minister of the Environment considers designating, under section 9 of the Impact Assessment Act , a work or activity referred to in section 140 or 140.2 of this Act, the Chairperson of the Regulator shall provide the Minister with comments respecting this designation. Consultation with Ministers (4) Before providing the Minister of the Environment with comments, the Chairperson of the Regulator may consult with the Federal Minister and the Provincial Minister and, in that event, the Chairperson shall consult with both Ministers. 2024, c. 20, s. 170.1
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 142.014
Access to information by Agency or review panel 142.014 The Regulator shall provide the Impact Assessment Agency of Canada or a review panel, on request and within the period specified by the Agency or review panel under section 23 of the Impact Assessment Act , with any specialist or expert information or knowledge that the Regulator possesses. 2024, c. 20, s. 170.1
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 142.015
Comments for Agency — conditions 142.015 If the Impact Assessment Agency of Canada or review panel is to make recommendations respecting a designated project to assist the Minister of the Environment in establishing conditions under section 64 of the Impact Assessment Act , including respecting mitigation measures, a follow-up program or an adaptive management plan, the Regulator shall provide the Agency or review panel, as the case may be, with comments respecting those conditions. 2024, c. 20, s. 170.1
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 142.016
Federal authority’s obligation 142.016 Every federal authority , as defined in section 2 of the Impact Assessment Act , shall provide the Regulator, on request and within the period specified by the Regulator, with any specialist or expert information or knowledge that the authority possesses and that the Regulator may require in order to (a) decide whether to authorize a work or activity under subsection 142(1) or 142.011(1); (b) decide whether to approve a development plan under subsection 143(4) or any amendment to that plan under subsection 143(5); or (c) conduct a regional assessment under section 142.018 or a strategic assessment under section 142.019. 2024, c. 20, s. 170.2
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 142.017
Access to information by authority 142.017 The Regulator shall provide an authority , as defined in section 81 of the Impact Assessment Act , on request and within the period specified by the authority under section 85 of that Act, with any specialist or expert information or knowledge that the Regulator possesses respecting a project , as defined in section 81 of that Act. 2024, c. 20, s. 170.2
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 142.018
Regional assessments 142.018 (1) The Regulator may conduct a regional assessment of the effects of any existing or future work or activity referred to in sections 140 and 140.2. Agreement between Ministers (2) The Federal Minister and the Provincial Minister may enter into an agreement with any jurisdiction authorized under any other federal or provincial legislation to conduct a regional assessment of the effects of any existing or future work or activity referred to in sections 140 and 140.2, including to specify the time limits and terms of that regional assessment. 2024, c. 20, s. 170.2
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 142.019
Strategic assessments 142.019 (1) The Regulator may conduct a strategic assessment of any proposed or existing policy, plan or program respecting the offshore area or of any issue that is relevant to any existing or future work or activity referred to in sections 140 and 140.2. Agreement between Ministers (2) The Federal Minister and the Provincial Minister may enter into an agreement with any jurisdiction authorized under any other federal or provincial legislation to conduct a strategic assessment of any proposed or existing policy, plan or program respecting the offshore area or of any issue that is relevant to any existing or future work or activity referred to in sections 140 and 140.2, including to specify the time limits and terms of that strategic assessment. 2024, c. 20, s. 170.2
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 142.02
Access to information by Agency or committee 142.02 The Regulator shall provide the Impact Assessment Agency of Canada or a committee, on request and within the period specified by the Agency or committee under section 100 of the Impact Assessment Act , with any specialist or expert information or knowledge that the Regulator possesses. 2015, c. 4, s. 87 2024, c. 20, s. 170.2
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 142.021
Comments for Minister of the Environment 142.021 If the Minister of the Environment shall, for the purposes of any regional assessment of the effects of any existing or future work or activity referred to in section 140 or 140.2 or for the purposes of any strategic assessment in the offshore area, establish the terms of reference and appoint members of a committee or establish the terms of reference of the Impact Assessment Agency of Canada under section 96 of the Impact Assessment Act , the Federal Minister, the Provincial Minister and the Chairperson of the Regulator shall provide the Minister of the Environment with comments respecting those terms of reference or appointments. 2024, c. 20, s. 170.2
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 142.022
Participant funding program 142.022 The Regulator may establish a participant funding program to facilitate the participation of the public and any Indigenous peoples of Canada in consultations concerning any matter respecting the offshore area. 2024, c. 20, s. 170.2
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 142.03
142.03 [Repealed, 2024, c. 20, s. 170.2]
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 142.1
Right of entry 142.1 (1) Subject to subsection (2), any person may, for the purpose of exploring for or exploiting petroleum, enter on and use any portion of the offshore area in order to carry on a work or activity authorized under paragraph 142(1)(b). Right of entry — offshore renewable energy (1.1) Subject to subsection (2), any person may, for the purpose of carrying on an offshore renewable energy project, enter on and use any portion of the offshore area in order to carry on a work or activity authorized under subsection 142.011(1). Right of entry — abandoned facilities (1.2) Subject to subsection (2), any person may enter on and use any portion of the offshore area in order to make contact with, alter or remove an abandoned facility if they have been authorized to do so under subsection 188.3(2). Restriction (2) If a person occupies a portion of the offshore area under a lawful right or title, other than an authorization under paragraph 142(1)(b) or subsection 142.011(1) or an interest as defined in section 49, no person may enter on or use that portion for a purpose referred to in any of subsections (1) to (1.2) without the consent of the occupier or, if consent has been refused, except in accordance with the terms and conditions imposed by a decision of an arbitrator made in accordance with the regulations. Sable Island National Park Reserve of Canada (3) With respect to Sable Island National Park Reserve of Canada, the surface access rights provided for under this section are limited to the following: (a) access to existing wellheads for the purposes of safety and environmental protection; (b) petroleum exploration activities with a low impact on the environment, including seismic, geological or geophysical programs; (c) emergency evacuation capacity for offshore workers; and (d) the operation, maintenance and inspection of emergency facilities, including helicopter landing and fuel storage facilities. 1992, c. 35, s. 96; 2013, c. 28, s. 8 2024, c. 20, s. 171
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 142.2
Safety — petroleum operations 142.2 (1) The Regulator shall, before issuing an authorization for a work or activity referred to in paragraph 142(1)(b), consider the safety of the work or activity by reviewing, in consultation with the Chief Safety Officer, the system as a whole and its components, including its structures, facilities, equipment, operating procedures and personnel. Safety — offshore renewable energy operations (2) The Regulator shall, before a work or activity referred to in subsection 142.011(1) commences, consider the safety of the work or activity by reviewing, in consultation with the Chief Safety Officer, the system as a whole and its components, including its structures, facilities, equipment, operating procedures and personnel. 1992, c. 35, s. 96 2024, c. 20, s. 172
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 142.21
Net environmental benefit 142.21 The Regulator shall not permit the use of a spill-treating agent in an authorization issued under paragraph 142(1)(b) unless the Regulator determines, taking into account any prescribed factors and any factors the Regulator considers appropriate, that the use of the spill-treating agent is likely to achieve a net environmental benefit. 2015, c. 4, s. 88 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 142.3
Compliance — petroleum 142.3 (1) The Regulator shall, before issuing an authorization for a work or activity referred to in paragraph 142(1)(b), ensure that the applicant has complied with the requirements of subsections 167.1(1) or (2) and 168(1) or (1.01) in respect of that work or activity. Compliance — offshore renewable energy (2) The Regulator shall ensure that an applicant or holder of an authorization under subsection 142.011(1) has, prior to a date determined by regulations or, in the absence of regulations, prior to commencing a work or activity under that authorization, complied with the requirements of subsections 188.2(1) and 188.21(1) in respect of that work or activity. 1992, c. 35, s. 96; 2015, c. 4, s. 89 2024, c. 20, s. 173
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 143
ransboundary 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 matter to an expert in accordance with section 188.16. Submissions regarding Part I (10) Any submissions to the expert by the Regulator regarding Part I of the development plan are subject to sections 32 to 37. In respect of any transboundary pool extending into the jurisdiction of a foreign government, the submissions are subject to the approval of the Federal Minister in consultation with the Provincial Minister. Expert’s decision (11) The expert’s decision is deemed to be approval of the plan by the Regulator and approval of Part I of that plan by the Federal Minister and the Provincial Minister, or in the case of any transboundary pool extending into the jurisdiction of a foreign government, by only the Federal Minister. Amendment to development plan (12) Subsections (7) to (11) apply, with any necessary modifications, to a proposed amendment to a development plan to which a work or activity in a transboundary pool relates or to any requirement to which the approval of the plan is subject. 1988, c. 28, s. 143; 1992, c. 35, s. 97 2024, c. 20, s. 174 2024, c. 20, s. 204