GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 188.19
er Fisheries Act (8) The costs and expenses that are recoverable by His Majesty in right of Canada or the Province under this section are not recoverable under subsection 42(1) of the Fisheries Act . Action — loss of non-use value (9) Only His Majesty in right of Canada or the Province may bring an action to recover a loss of non-use value described in subsection (1). Claims (10) All claims under this section may be sued for and recovered in any court of competent jurisdiction in Canada. Claims in favour of persons incurring actual loss or damage described in subsection (1) are to be distributed pro rata and rank in priority over claims for costs and expenses described in that subsection, and the claims for costs and expenses rank in priority over claims to recover a loss of non-use value described in that subsection. Saving (11) Subject to subsections (8) and (9), nothing in this section suspends or limits (a) any legal liability or remedy for an act or omission by reason only that the act or omission is an offence under this Act or gives rise to liability under this section; (b) any recourse, indemnity or relief available at law to a person who is liable under this section against any other person; or (c) the operation of any applicable law or rule of law that is not inconsistent with this section. Limitation period (12) Proceedings in respect of claims under this section may be instituted no later than the third anniversary of the day on which the loss, damage, costs or expenses occurred but in no case after the sixth anniversary of the day on which the facility, equipment or system in question was abandoned or the material in question broke away or was jettisoned or displaced. 2024, c. 20, s. 185
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 188.2
Financial resources 188.2 (1) An applicant for an authorization under subsection 142.011(1) shall provide proof that they have the financial resources necessary to pay an amount that is determined by the Regulator. The proof shall be in the form and manner that are prescribed or, in the absence of regulations, that are specified by the Regulator. Loss of non-use value (2) In determining the amount, the Regulator is not required to consider any potential loss of non-use value relating to a public resource that is affected as a result of debris. Continuing obligation (3) The holder of the authorization shall ensure that the proof referred to in subsection (1) remains in force for the duration of the work or activity in respect of which the authorization is issued. 2024, c. 20, s. 185
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 188.21
Proof of financial responsibility 188.21 (1) An applicant for an authorization under subsection 142.011(1) shall provide proof of financial responsibility in an amount that is determined by the Regulator. The proof shall be in the form of a letter of credit, guarantee or indemnity bond or in any other form satisfactory to the Regulator. Continuing obligation (2) The holder of the authorization shall ensure that the proof of financial responsibility remains in force for the duration of the work or activity in respect of which the authorization is issued. Payment of claims (3) The Regulator may require that moneys in an amount of not more than the amount prescribed for any case or class of cases, or fixed by the Regulator in the absence of regulations, be paid out of the funds available under the letter of credit, guarantee or indemnity bond or other proof provided under subsection (1) in respect of any claim for which proceedings may be instituted under section 188.19, whether or not those proceedings have been instituted. Manner of payment (4) A required payment shall be made in the manner, subject to any conditions and procedures, and to or for the benefit of the persons or classes of persons that may be prescribed for any case or class of cases, or that may be required by the Regulator in the absence of regulations. Deduction (5) If a claim is sued for under section 188.19, there shall be deducted from any award made as a result of the action on that claim any amount received by the claimant under this section in respect of the loss, damage, costs or expenses claimed. 2024, c. 20, s. 185
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 188.22
Review committee 188.22 (1) A committee, consisting of members appointed by each government and by representatives of the offshore renewable energy industry and of the fisheries industry, is established by the joint operation of this Act and the Provincial Act to review and monitor the application of sections 188.19 and 188.21 and any claims and the payment of claims made under those sections. Dissolution (2) The committee may be dissolved only by the joint operation of an Act of Parliament and an Act of the Legislature of the Province. Promotion of compensation policies (3) The Regulator shall promote and monitor compensation policies for fishers sponsored by the fishing industry respecting damages of a non-attributable nature. 2024, c. 20, s. 185
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 188.23
Inquiries 188.23 (1) If debris or an accident or incident related to any work or activity to which this Division applies occurs or is found in any portion of the offshore area and results in death or injury or danger to public safety or the environment, the Regulator may direct an inquiry to be made and may authorize any person it deems qualified to conduct the inquiry. Mandatory inquiry (2) If debris or an accident or incident related to any work or activity to which this Division applies occurs or is found in any portion of the offshore area and is “serious”, as defined by regulation in accordance with paragraph 188.25(1)(a), the Regulator shall direct that an inquiry referred to in subsection (1) be made and shall ensure that the person who conducts the inquiry is not employed by the Regulator. Power of person conducting inquiry (3) For the purposes of an inquiry under subsection (1), a person authorized by the Regulator under that subsection has and may exercise all the powers of a person appointed as a commissioner under Part I of the Inquiries Act . Report (4) As soon as feasible after the conclusion of an inquiry under subsection (1), the person or persons authorized to conduct the inquiry shall submit a report to the Regulator, together with the evidence and other material that was before the inquiry. Publication (5) The Regulator shall publish the report within 30 days after the Regulator receives it. Copies of report (6) The Regulator may supply copies of a report published under subsection (5) in any manner and on any terms that the Regulator considers appropriate. 2024, c. 20, s. 185
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 188.24
Reasonable care 188.24 The holder of an authorization issued under subsection 142.011(1) shall take all reasonable care to ensure the safety of persons and facilities and the protection of property and the environment. 2024, c. 20, s. 185
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 188.25
Regulations 188.25 (1) Subject to section 6, the Governor in Council may, for the purposes of safety, the protection of the environment and accountability, make regulations (a) defining, in relation to offshore renewable energy projects, “facility” and “equipment” for the purposes of section 143.1 and “serious” for the purpose of section 188.23; (b) respecting works and activities related to offshore renewable energy projects; (c) authorizing the Regulator, or any person, to make any orders that are specified in the regulations and to exercise any powers and perform any duties that are necessary for the design, construction, operation or abandonment of an offshore renewable energy project within the offshore area; (d) respecting arbitrations relating to offshore renewable energy projects for the purposes of subsection 142.1(2), including the costs of or incurred in relation to such arbitrations; (e) respecting the approvals to be granted as terms and conditions of authorizations issued under subsection 142.011(1); (f) prohibiting, in relation to offshore renewable energy projects, the introduction into the environment of substances, classes of substances and forms of energy, in prescribed circumstances; (g) respecting the creation, conservation and production of records relating to offshore renewable energy projects; and (h) prescribing, in relation to offshore renewable energy projects, anything that is required to be prescribed for the purposes of this Part. Incorporation by reference (2) Unless otherwise provided in this Part, a regulation made under subsection (1) may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time. 2024, c. 20, s. 185
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 188.26
Equivalent standards and exemptions 188.26 (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 188.25 if those Officers are satisfied that the use of that other equipment or those other methods, measures or standards would provide a level of safety and protection of the environment equivalent to that provided by compliance with the regulations; or (b) grant an exemption from any requirement imposed by any regulation made under section 188.25 in respect of equipment, methods, measures or standards if those Officers are satisfied with the level of safety and protection of the environment 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, 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). 2024, c. 20, s. 185
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 188.27
Guidelines and interpretation notes 188.27 (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 section 142.011, any regulations respecting offshore renewable energy projects made under sections 30.1 and 188.25 and any regulations made under section 188.29 and subsection 188.3(3). Deemed not to be statutory instruments (2) Guidelines and interpretation notes issued under subsection (1) are deemed not to be statutory instruments for the purposes of the Statutory Instruments Act . 2024, c. 20, s. 185
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 188.28
Orders 188.28 (1) The Regulator may, by order, direct any of the following persons or bodies to take measures in respect of an abandoned facility that the Regulator considers necessary for the safety of persons or the abandoned facility or for the protection of property or the environment: (a) the holder of an authorization under paragraph 142(1)(b) or subsection 142.011(1) or any other person; (b) a provincial government or a provincial Crown corporation; and (c) a local authority. Measures to be taken (2) If a person or body does not comply with an order under subsection (1), the Regulator may (a) take any action or measure the Regulator considers necessary; (b) authorize an officer or employee, or class of officers or employees, of the Regulator to take the action or measure; or (c) authorize a third party to take the action or measure. Orders deemed not to be statutory instruments (3) Orders made under subsection (1) shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act . 2024, c. 20, s. 185
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 188.29
Regulations 188.29 Subject to section 6, the Governor in Council may make regulations respecting abandoned facilities, including with respect to liability and to the proof of financial responsibility or financial resources to be provided by an applicant or holder of an authorization under subsection 142.011(1). 2024, c. 20, s. 185
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 188.3
Abandoned facilities 188.3 (1) A person shall not make contact with, alter or remove an abandoned facility unless they are authorized to do so in an order made under subsection (2) or by regulations. Order (2) The Chief Safety Officer may make an order, subject to any conditions that that Officer considers appropriate, authorizing a person to make contact with, alter or remove an abandoned facility. Regulations (3) Subject to section 6, the Governor in Council may make regulations respecting the circumstances in which or conditions under which an order under subsection (2) is not necessary. 2024, c. 20, s. 185
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 189
Orders and decisions final 189 (1) Except as provided in this Division, every decision or order of the Committee is final and binding. Decision or order defined (2) Any minute or other record of the Committee or any document issued by the Committee, in the form of a decision or order, shall for the purposes of this section be deemed to be a decision or an order of the Committee.
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 190
Stated case for Supreme Court of Nova Scotia 190 (1) The Committee may of its own motion or at the request of the Regulator state a case, in writing, for the opinion of the Appeal Division of the Supreme Court of Nova Scotia on any question that in the opinion of the Committee is a question of law or of the jurisdiction of the Committee. Proceedings thereon (2) The Appeal Division of the Supreme Court of Nova Scotia shall hear and determine the case stated, and remit the matter to the Committee with the opinion of the Court thereon. 1988, c. 28, s. 190 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 191
Regulator may review orders of Committee 191 The Regulator may, at any time, in its discretion, either on petition of any interested person or of its own motion, vary or rescind any decision or order of the Committee made under this Part, whether such order is made between parties or otherwise and any order that the Regulator makes with respect thereto becomes a decision or order of the Committee and, subject to section 192, is binding on the Committee and on all parties. 1988, c. 28, s. 191 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 192
Appeal to Supreme Court of Nova Scotia 192 (1) An appeal lies from a decision or order of the Committee to the Supreme Court of Nova Scotia on a question of law, in the manner prescribed on leave for the appeal being obtained from that Court, on application made within one month after the making of the decision or order sought to be appealed from or within such further time as that Court may allow. Staying order (2) Where leave to appeal is granted pursuant to subsection (1), any order of the Committee in respect of which the appeal is made shall be stayed until the matter of the appeal is determined. Powers of the Court (3) After the hearing of the appeal, the Supreme Court of Nova Scotia shall certify its opinion to the Committee and the Committee shall make any order necessary to comply with that opinion. Order subject to section 191 (4) Any order made by the Committee pursuant to subsection (3), unless that order has already been dealt with by the Regulator pursuant to section 191, shall be subject to that section. 1988, c. 28, s. 192; 1999, c. 31, s. 34 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 193
Operational safety officers 193 (1) Subject to subsection (4), the Federal Minister and the Provincial Minister shall jointly designate as an operational safety officer for the purposes of the administration and enforcement of this Part an individual who has been recommended by the Regulator. The Ministers shall make the designation within 30 days after the day on which they receive the name of the individual from the Regulator. Conservation officers (2) Subject to subsection (4), the Federal Minister and the Provincial Minister shall jointly designate as a conservation officer for the purposes of the administration and enforcement of this Part an individual who has been recommended by the Regulator. The Ministers shall make the designation within 30 days after the day on which they receive the name of the individual from the Regulator. Notice of designation (3) The Ministers shall, without delay after making a designation, notify the Regulator, in writing, that the designation has been made. Restriction (4) The Ministers shall not designate an individual if they are not satisfied that the individual is qualified to exercise the powers and carry out the duties and functions of an operational safety officer or a conservation officer, as the case may be, under this Part. If an individual is not designated, the Ministers shall without delay notify the Regulator of it, in writing. Indemnification (5) An individual designated under subsection (1) or (2) who is not an employee of the Regulator is deemed to be an officer for the purposes of section 17. 1988, c. 28, s. 193; 1992, c. 35, s. 117; 2014, c. 13, s. 72 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 194.1
Reports provided to holder of authorization 194.1 An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, as the case may be, shall provide written reports to the holder of an authorization about anything inspected, tested or monitored, by or on the order of the officer, for the purpose of verifying compliance with this Part, at any place that is used for a work or activity for which the authorization is issued. 2014, c. 13, s. 72
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 195
Certificate to be produced 195 The Regulator shall provide every operational safety officer and conservation officer and the Chief Safety Officer and the Chief Conservation Officer with a certificate of appointment or designation and, on entering any place under the authority of this Part, the officer shall, if so required, produce the certificate to the person in charge of the place. 1988, c. 28, s. 195; 1992, c. 35, s. 117; 2014, c. 13, s. 73(E) 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 196
Assistance to officers 196 (1) The owner of, and every person in charge of, a place entered by an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer under subsection 194(2), and every person found in that place, shall give all assistance that is reasonably required to enable the officer to verify compliance with this Part and provide any documents, data or information that are reasonably required for that purpose. Transportation, accommodation and food (2) If the place referred to in subsection 194(2) is a marine installation or structure, as defined in subsection 210.001(1), the person in charge of the marine installation or structure shall provide to the officer, and to every individual accompanying the officer, free of charge, (a) suitable transportation between the usual point of embarkation on shore and the marine installation or structure, between the marine installation or structure and the usual point of disembarkation on shore, and between marine installations or structures, if the marine installation or structure or marine installations or structures are situated in the offshore area; and (b) suitable accommodation and food at the marine installation or structure. 1988, c. 28, s. 196; 1992, c. 35, s. 117; 2014, c. 13, s. 74
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 197
Obstruction of officers and making of false statements 197 No person shall obstruct or hinder, or make a false or misleading statement either orally or in writing to, an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer while the officer is engaged in carrying out his or her duties or functions under this Part. 1988, c. 28, s. 197; 1992, c. 35, s. 117; 2014, c. 13, s. 74
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 197.2
Storage and removal 197.2 (1) A thing seized under this Part may be stored in the place where it was seized or may, at the discretion of an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, be removed to any other place for storage. The owner of the thing or the person who is lawfully entitled to possess it shall pay the costs of storage or removal. Perishable things (2) If the thing seized is perishable, an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may destroy the thing, or otherwise dispose of it in any manner the officer considers appropriate. Any proceeds realized from its disposition shall be paid to the Receiver General. 2014, c. 13, s. 74