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
prescribed means prescribed by regulations made by the Governor in Council; ( Version anglaise seulement )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8
Province means the province of Nova Scotia; ( province )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8
Provincial Act means the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act , Chapter 3 of the Statutes of Nova Scotia, 1987, as amended from time to time; ( loi provinciale )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8
Provincial Government means the lieutenant governor in council of the Province; ( gouvernement provincial )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8
Provincial Minister means, other than for the purposes of Part III.1, the minister of the government of the Province who is responsible for the management of offshore energy resources; ( ministre provincial )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8
Regulator means the Canada–Nova Scotia Offshore Energy Regulator established by the joint operation of section 9 of this Act and section 9 of the Provincial Act; ( Régie )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8
Sable Island means the area, whether above or under water, that is within the limits described in Schedule III. ( Île de Sable )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8
Sable Island National Park Reserve of Canada means Sable Island National Park Reserve of Canada as described in Schedule 2 to the Canada National Parks Act ; ( réserve à vocation de parc national de l’Île-de-Sable du Canada )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8
spill-treating agent , except in section 166.5, means a spill-treating agent that is on the list established under section 14.2 of the Canada Oil and Gas Operations Act . ( agent de traitement )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 2.1
Offshore renewable energy project 2.1 Subject to section 6, the Governor in Council may make regulations amending the definition offshore renewable energy project , as defined in section 2, to add or remove any work or activity that is carried out in the offshore area. 2024, c. 20, s. 110
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 3
Construction 3 For greater certainty, the provisions of this Act shall not be interpreted as providing a basis for any claim by or on behalf of any province in respect of any interest in or legislative jurisdiction over any offshore area or any living or non-living resources of any offshore area.
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 4
Precedence over other Acts of Parliament 4 In case of any inconsistency or conflict between (a) this Act or any regulations made thereunder, and (b) any other Act of Parliament that applies to the offshore area or any regulations made under such an Act, this Act and the regulations made thereunder take precedence.
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 5
Regulations 5 (1) Subject to section 6, the Governor in Council may make regulations amending the description of the limits set out in Schedule I for the purposes of the definition offshore area . Issue of charts (2) The Federal Minister may cause charts to be issued setting out the offshore area or any portion thereof as may be set out consistent with the nature and scale of the chart. Evidence (3) In any legal or other proceedings, a chart purporting to be issued by or under the authority of the Federal Minister is conclusive proof of the limits of the offshore area or portion thereof set out in the chart without proof of the signature or official character of the person purporting to have issued the chart.
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 6
Provincial Minister’s approval 6 (1) Before a regulation is made under section 2.1, subsection 5(1) or 17(4), section 30.1, subsection 35(8), 39(7) or 45(7), section 59.1 or 67, subsection 70(2), section 98.2, subsection 98.3(2), section 121, subsection 125(1), 128(1), 153(1), 167(2.3), 168(1.02), 188.19(6) or 188.25(1), section 188.29, subsection 188.3(3) or 207.01(1) or section 208, 245 or 248, the Federal Minister shall consult the Provincial Minister with respect to the proposed regulation and the regulation shall not be made without the Provincial Minister’s approval. Approval of Provincial Minister (2) Before a regulation is made under subsection 210.001(3) or (4) or 210.126(1), the Federal Minister shall consult the minister of the government of the Province who is responsible for occupational health and safety with respect to the proposed regulation and no regulation shall be so made without the approval of that minister. 1988, c. 28, s. 6; 2014, c. 13, s. 56; 2015, c. 4, ss. 72, 117 2024, c. 20, s. 111
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 7
Amendment of Accord 7 The Government of Canada, as represented by the Prime Minister of Canada or by such other member of the Queen’s Privy Council for Canada as may be designated by the Governor in Council, may, jointly with the Government of Nova Scotia, amend the Accord from time to time.
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 7.1
Non-application of Accord 7.1 For greater certainty, the Accord does not apply to offshore renewable energy resources. 2024, c. 20, s. 112
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 8
Application 8 (1) Except as otherwise provided by this Act, this Act applies within the offshore area. Excluded legislation (2) Subject to section 103, the Canada Petroleum Resources Act , the Canada Oil and Gas Operations Act and Part 5 of the Canadian Energy Regulator Act and any regulations made under them do not apply within the offshore area. 1988, c. 28, s. 8; 1992, c. 35, s. 84 2024, c. 20, s. 113
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 9
Jointly established Regulator 9 (1) There is established by the joint operation of this Act and the Provincial Act a board to be known as the Canada–Nova Scotia Offshore Energy Regulator. Treated as Provincial entity (2) Subject to subsections (3) and (4), the Regulator shall for all purposes be treated as having been established by or under a law of the Province. Powers of corporation (3) The Regulator has the legal powers and capacities of a corporation incorporated under the Canada Business Corporations Act , including those set out in section 21 of the Interpretation Act . Dissolution of Regulator (4) The Regulator may be dissolved only by the joint operation of an Act of Parliament and an Act of the Legislature of the Province. 1988, c. 28, s. 9; 1992, c. 35, s. 85; 1994, c. 24, s. 34(F) 2024, c. 20, s. 114 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 10
Regulator consisting of five members 10 (1) The Regulator shall consist of five members. Federal and Provincial appointees (2) Two members of the Regulator are to be appointed by the Federal Government, two by the Provincial Government and the Chairperson of the Regulator is to be appointed by both the Federal Government and the Provincial Government. Alternate members (3) Each government may appoint one alternate member to act as a member of the Regulator in the absence or incapacity of any of the members of the Regulator appointed by that government. Joint appointees (4) Notwithstanding subsection (2) or (3), any member or alternate member of the Regulator may be appointed by both the Federal Government and the Provincial Government. 1988, c. 28, s. 10; 2014, c. 13, s. 91(E) 2024, c. 20, s. 204 2024, c. 20, s. 205(E)
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 11
Definitions 11 (1) In this section and section 12, public servant means a person employed in the Public Service of Canada, and includes any other person who is a civil servant within the meaning of the Provincial Act; ( fonctionnaire ) Public Service of Canada has the meaning given the expression public service in the Federal Public Sector Labour Relations Act , and includes any portion of the federal public administration designated by order in council pursuant to this subsection and for the purposes of this section as part of the Public Service of Canada. ( administration fédérale ) Qualifications (2) Not more than two members of the Regulator may, during the term of office of those members on the Regulator, be public servants and of those two members, not more than one may be appointed by each government. Qualifications for Chairperson (3) The Chairperson of the Regulator shall not, during the term of office as Chairperson, be a public servant. 1988, c. 28, s. 11; 2003, c. 22, s. 122(E); 2014, c. 13, s. 91(E); 2017, c. 9, s. 55 2024, c. 20, s. 204 2024, c. 20, s. 205(E)
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8
public servant means a person employed in the Public Service of Canada, and includes any other person who is a civil servant within the meaning of the Provincial Act; ( fonctionnaire )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8
Public Service of Canada has the meaning given the expression public service in the Federal Public Sector Labour Relations Act , and includes any portion of the federal public administration designated by order in council pursuant to this subsection and for the purposes of this section as part of the Public Service of Canada. ( administration fédérale )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 12
Term of office of Regulator members 12 (1) Subject to subsection (2), each member of the Regulator, including the Chairperson, shall be appointed for a term of six years. (2) [Repealed, 2024, c. 20, s. 115] Re-appointment (3) On the expiration of a term of office, the Chairperson or a member of the Regulator is eligible for re-appointment for one or more further terms. Good behaviour appointments for members who are not public servants (4) Any member of the Regulator who is not a public servant holds office during good behaviour, but may be removed for cause (a) where the member is appointed by either government, by that government; or (b) where the member is appointed by both governments, by both governments. Appointments of public servants during pleasure (5) Any member of the Regulator who is a public servant holds office during pleasure. 1988, c. 28, s. 12; 2014, c. 13, s. 91(E) 2024, c. 20, s. 115 2024, c. 20, s. 205(E)
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 13
Deemed consultation between governments re Chairperson 13 (1) Consultation between the two governments with respect to the selection of the Chairperson of the Regulator shall be deemed to commence (a) six months prior to the expiration of the term of office of the incumbent Chairperson, or (b) where applicable, on the date of receipt by the Regulator of notice of the death, resignation or termination of appointment of the incumbent Chairperson, whichever occurs earlier. Where no agreement on Chairperson (2) Where the two governments fail to agree on the appointment of the Chairperson of the Regulator within three months after the commencement of consultation between the governments, the Chairperson shall be selected pursuant to subsection (3) by a panel constituted in accordance with section 47, unless, at any time prior to the selection of the Chairperson by the panel, the two governments agree on the appointment. Selection of Chairperson of Regulator within 60 days (3) The Chairperson of the Regulator shall be selected, from among persons nominated by each government, by the panel within 60 days after the appointment of the chairperson of the panel. Decision of panel binding (4) The decision of the panel selecting a Chairperson of the Regulator is final and binding on both governments. 1988, c. 28, s. 13; 2014, c. 13, ss. 57(E), 91(E) 2024, c. 20, s. 204 2024, c. 20, s. 205(E)
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 14
Absence or incapacity of Chairperson 14 The Regulator shall designate a member to act as Chairperson of the Regulator during any absence or incapacity of the Chairperson or vacancy in the office of Chairperson, and that person, while acting as Chairperson, has and may exercise all of the powers and perform all of the duties and functions of the Chairperson. 1988, c. 28, s. 14; 2014, c. 13, s. 91(E) 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 15
Salaries of joint appointees 15 (1) Subject to section 12, the salary and other terms and conditions of the appointment of the Chairperson of the Regulator or any other member or alternate member appointed by both governments, including the effective date of the appointment, shall be fixed by an order of the Federal Government and an order of the Provincial Government after agreement has been reached by both governments on the salary and other terms and conditions. Salaries of separate appointees (2) The salary and other terms and conditions of the appointment of any member appointed by either the Federal Government or the Provincial Government shall be agreed on by both governments. 1988, c. 28, s. 15; 2014, c. 13, s. 91(E) 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 16
Conflict of interest guidelines 16 All members of the Regulator shall be subject to conflict of interest guidelines established jointly by the Federal Minister and Provincial Minister and are not subject to any conflict of interest guidelines established by the Federal Government. 1988, c. 28, s. 16 2024, c. 20, s. 205(E)
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 17
Power to indemnify 17 (1) The Government of Canada shall, subject to such terms and conditions as may be prescribed, indemnify a person who is a present or former member, officer or employee of the Regulator, and the heirs and legal representatives of that person, against such costs, charges and expenses, including such amounts paid to settle an action or satisfy a judgment, reasonably incurred in respect of any civil, criminal or administrative action or proceeding to which that person is a party by reason of being or having been such a member, officer or employee, as may be prescribed. Both Governments share costs of indemnification (2) Where the Government of the Province has indemnified a person referred to in subsection (1) or the heirs or legal representatives of that person pursuant to subsection 17(1) of the Provincial Act, the Government of Canada shall, subject to such terms and conditions as may be prescribed, pay to the Government of the Province one-half of the amount of the indemnity. Payable out of Consolidated Revenue Fund (3) Any amount payable in respect of indemnification under this section may be paid out of the Consolidated Revenue Fund. Regulations (4) Subject to section 6, the Governor in Council may make regulations prescribing anything that by this section is to be prescribed. 1988, c. 28, s. 17 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 18
Functions of Regulator 18 (1) The Regulator shall, in addition to performing the duties and functions conferred or imposed on the Regulator by or pursuant to this Act, perform such duties and functions as are conferred or imposed on it by the Accord, to the extent that such duties and functions are not inconsistent with this Act or any regulations made thereunder. Proposed amendments (2) The Regulator may make recommendations to both governments with respect to proposed amendments to this Act, the Provincial Act, any regulations made under those Acts and to any other legislation relating to petroleum resource and renewable energy activities in the offshore area. 1988, c. 28, s. 18 2024, c. 20, s. 116 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 18.1
Consultation with Indigenous peoples of Canada 18.1 His Majesty in right of Canada or in right of the Province may rely on the Regulator for the purposes of consulting with the Indigenous peoples of Canada respecting any potential adverse impact of a work or activity in the offshore area on existing Aboriginal and treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982 and the Regulator may, on behalf of His Majesty, if appropriate, accommodate any adverse impacts on those rights. 2024, c. 20, s. 117
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 19
Access to information by governments 19 (1) The Federal Minister and the Provincial Minister are entitled to access to any information or documentation relating to petroleum resource and renewable energy activities in the offshore area that is provided for the purposes of this Act or any regulation made under it and such information or documentation shall, on the request of either Minister, be disclosed to that Minister without requiring the consent of the party who provided the information or documentation. Applicable provision (2) Section 122 applies, with such modifications as the circumstances require, in respect of any disclosure of information or documentation or the production or giving of evidence relating thereto by a Minister as if the references in that section to the administration or enforcement of a Part of this Act included references to the administration or enforcement of the Provincial Act or any Part thereof. Summary of applications of fundamental decisions to Ministers (3) The Regulator shall require every person who makes an application in respect of which a fundamental decision is to be made by the Regulator to give, forthwith after making the application, a written summary of the application to both Ministers. 1988, c. 28, s. 19 2024, c. 20, s. 118 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 20
Location of offices and staff 20 The principal office and staff of the Regulator shall be located in the Province. 1988, c. 28, s. 20 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 21
Storage of information 21 (1) The Regulator shall have responsibility for the storage and curatorship, in a facility in the Province, of (a) all petroleum-related geophysical and geological records and reports, reports respecting wells and materials recovered from wells in the offshore area and, without limiting the generality of the foregoing, drill cuttings, fluid samples, hydrocarbon samples and cores recovered from those wells; and (b) all records and reports involving geophysical, geological or geotechnical data, data on physical environmental conditions, environmental effects monitoring data or renewable energy resource data — including data on wind, waves and currents — all environmental studies and all geological and geotechnical samples, to the extent that those records and reports, studies and samples relate to offshore renewable energy. Regulator to furnish samples to Ministers (2) The Regulator shall, at the request of the Federal Minister or the Provincial Minister, (a) furnish that Minister with a sample of any material referred to in subsection (1), or (b) where it is not possible to produce a sample of such material, provide that Minister with all or a portion of such material, subject to it being returned to the facility referred to in subsection (1), if the material is to be permanently retained at the facility referred to in subsection (1). 1988, c. 28, s. 21 2024, c. 20, s. 119 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 22
Meetings of Regulator 22 The Regulator shall meet (a) once every two months unless the members of the Regulator unanimously agree to defer the meeting; and (b) at any other time (i) at the call of the Chairperson of the Regulator, (ii) on the request of any two members of the Regulator, or (iii) on the request of the Federal Minister or the Provincial Minister to review any matter referred to the Regulator by that Minister. 1988, c. 28, s. 22; 2014, c. 13, s. 91(E) 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 23
Quorum 23 (1) Three members of the Regulator constitute a quorum of the Regulator. Majority vote (2) Where, in the absence of unanimous agreement, a vote is required to be taken in respect of a decision of the Regulator, the decision shall be made on the basis of a majority vote of the members of the Regulator. 1988, c. 28, s. 23 2024, c. 20, s. 204 2024, c. 20, s. 205(E)
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 24
By-laws and guidelines 24 Subject to this Act and the Accord, the Regulator may (a) make by-laws respecting (i) the members, officers and employees of the Regulator, (ii) the attendance and participation, including voting rights, at meetings of the Regulator of alternate members of the Regulator appointed pursuant to subsection 10(3), (iii) the manner of appointing the officers and employees of the Regulator on the basis of selection according to merit, including the holding of open competitions for appointments, (iv) the procedures to be followed in the performance of any of the duties and functions of the Regulator, (v) the conduct of meetings of the Regulator, (vi) the manner of dealing with matters and business before the Regulator, and (vii) generally, the carrying on of the work of the Regulator and the management of the internal affairs thereof; and (b) establish conflict of interest guidelines respecting persons employed by the Regulator pursuant to subsection 26(1). 1988, c. 28, s. 24 2024, c. 20, s. 204 2024, c. 20, s. 205(E)