GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 35
Determination binding 35 (1) For the purposes of this Act, where a determination referred to in subsection 34(1) or (4) is made by both governments or by a panel pursuant to section 36 or 37 or is deemed to have been made pursuant to subsection (2), it is final and binding for the duration of the period in respect of which it is made. Initial period (2) For the purposes of section 34, the first period shall commence on January 1, 1986 and terminate on December 31, 1990 and, in respect of that period, a determination shall be deemed to have been made, for all purposes of this Act, that self-sufficiency and security of supply do not exist. Subsequent periods (3) For the purposes of section 34, each period following the period referred to in subsection (2) shall commence on the expiration of the period immediately preceding that period and shall be for a duration of five successive calendar years.
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 36
Where no agreement on determinations re self-sufficiency 36 (1) Consultation between the two governments with respect to the making of a determination referred to in subsection 34(1) or (4) shall be deemed to commence one year prior to the expiration of every period in respect of which such a determination is made. Appointment of panel members (2) Where the two governments fail to agree on a determination referred to in subsection (1) within three months after the commencement of consultation between the governments, the determination shall be made by a panel consisting of three members, constituted in accordance with subsections 12(3) and (4), within sixty days after the appointment of the chairperson of the panel unless, at any time prior thereto, the two governments agree on the determination. 1987, c. 3, s. 36; 2014, c. 13, s. 52(E)
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 37
Determination of unreasonable delay 37 (1) Where, within sixty days after an approval or disapproval by the Provincial Minister pursuant to subsection 34(2), the two governments fail to agree whether the approval or disapproval would unreasonably delay the attainment of self-sufficiency or security of supply, that determination shall be made by a panel consisting of three members constituted in accordance with subsection (2), within forty-five days after the appointment of the chairperson of the panel. Constitution of panel (2) For the purposes of subsection (1), one member of the panel shall be appointed by each government within thirty days after the sixty days referred to in subsection (1) and the chairperson of the panel shall be appointed in accordance with subsection 12(4) and for that purpose, subsection 12(4) applies, with such modifications as the circumstances require. 1987, c. 3, s. 37; 2014, c. 13, s. 52(E)
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 38
Determination not subject to review 38 Where a determination referred to in section 36 or 37 is made by a panel pursuant to that section, that determination is not subject to be reviewed or set aside by any government, court or other body.
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 39
Suspensive vetoes 39 (1) The Minister who does not have authority in relation to a fundamental decision, as determined under section 34, may, on giving written notice to the Regulator and the Minister who has such authority, suspend, during a period of ninety days, the approval of the fundamental decision by the Minister who has that authority. Commencement of period (2) The period of ninety days referred to in subsection (1) commences on the day the Regulator is advised, in accordance with subsection 31(2), of the approval of the fundamental decision by the Minister having authority in relation to the fundamental decision. 1987, c. 3, s. 39 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 40
Supply shortfall 40 (1) Notwithstanding any other provision of this Act, in the event of a sudden domestic or import supply shortfall of suitable crude oil and equivalent substances, the Regulator shall, on request by the Federal Minister, cause production of suitable crude oil and equivalent substances to be increased, consistent with good oil field practice. Canada’s obligations under IEA (2) Notwithstanding any other provision of this Act, where the Government of Canada has obligations with respect to the allocation of petroleum pursuant to the Agreement On An International Energy Program dated November 18, 1974, the Regulator shall, where directed to do so by the Federal Minister and during the period that those obligations continue, take such measures as are necessary to comply with those obligations and as are fair and equitable in relation to other hydrocarbon producing regions of Canada. 1987, c. 3, s. 40 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 40.1
Regulator’s recommendation 40.1 (1) The Regulator shall notify the Federal Minister and the Provincial Minister in writing of its offshore renewable energy recommendation as soon as practicable after deciding to make the recommendation. Ministers’ decisions (2) The Federal Minister and the Provincial Minister shall, within 60 days after receiving the recommendation, notify the Regulator in writing of their respective decision to approve the recommendation, with or without variations, or to reject it. Additional 30 days (3) Despite subsection (2), on written notice by either Minister to the Regulator and the other Minister, both Ministers shall have an additional 30 days to notify the Regulator of their respective decision under that subsection. No time limit (4) Despite subsection (2), the Federal Minister or the Provincial Minister may notify the Regulator of their respective decision with respect to an offshore renewable energy recommendation to make a call for bids beyond the period of 60 days referred to in that subsection. 2024, c. 20, s. 19
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 40.2
Publication 40.2 The Regulator shall publish in the Canada Gazette any notice of decision referred to in subsection 40.1(2), unless the decision is to reject an offshore renewable energy recommendation to make a call for bids. 2024, c. 20, s. 19
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 40.3
Implementation of Ministers’ approval 40.3 The Regulator shall only exercise a power or perform a duty subject to this section and sections 40.1 and 40.2 if it has been the subject of an offshore renewable energy recommendation that was approved by both Ministers and with the same variations, if any. In that case, the Regulator shall exercise the power or perform the duty as soon as practicable after it receives the notices referred to in subsection 40.1(2). 2024, c. 20, s. 19
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 42
Ministerial directives 42 (1) The Federal Minister and the Provincial Minister may jointly issue to the Regulator written directives in relation to (a) fundamental decisions; (a.1) offshore renewable energy recommendations; (b) decisions made by the Regulator respecting the exercise of a power pursuant to paragraph 56(1)(b); (c) public reviews conducted pursuant to section 44; (d) Canada–Newfoundland and Labrador benefits plans and any of their provisions; (d.1) the principles referred to in section 96.6; (d.2) the development of guidelines and interpretation notes issued under subsection 151.1(1) and section 183.27; and (e) studies to be conducted by the Regulator and advice with respect to policy issues to be given by the Regulator to the Federal Minister and the Provincial Minister. Occupational health and safety directives (1.1) The Federal Minister, on the recommendation of the Minister of Labour, and the minister of the government of the Province who is responsible for occupational health and safety, may jointly issue to the Regulator written directives in relation to (a) the development of guidelines and interpretation notes with respect to occupational health and safety matters; and (b) the implementation of any recommendations made by an auditor under section 205.119 or made following an inquiry under section 205.12. Directives binding (2) The Regulator shall comply with a directive issued under this section. Directives not statutory instruments (3) Directives issued under this section are not statutory instruments for the purposes of the Statutory Instruments Act . Notice in Canada Gazette (4) When a directive is issued under this section, a notice shall be published in the Canada Gazette that the directive has been issued and that the text of it is available for inspection by any person on request made to the Regulator. 1987, c. 3, s. 42; 2014, c. 13, s. 12 2024, c. 20, s. 20 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 43
Plan for interests 43 (1) During the first month of each calendar year, the Regulator shall submit to the Federal Minister and the Provincial Minister a plan outlining the anticipated decisions of the Regulator during that calendar year respecting the making of calls for bids pursuant to Part II with respect to interests to be issued in relation to portions of the offshore area and the issuance and terms and conditions of such interests. Revised plan (2) Where the Minister having authority in relation to fundamental decisions, as determined under subsection 34(1) or (4), is of the opinion that a plan referred to in subsection (1) does not provide adequately for the attainment or maintenance of self-sufficiency and security of supply within the meaning of section 33, that Minister may reject the plan and where that Minister does so, shall inform the Regulator of the reasons for so doing. Idem (3) Where the Regulator is informed of a Minister’s rejection of its plan and the reasons therefor, the Regulator shall, within sixty days after being so informed, prepare a revised plan outlining the anticipated decisions of the Regulator referred to in subsection (1), taking into account those reasons, and submit the revised plan to the Federal Minister and the Provincial Minister. Application of subsections (2) and (3) to revised plan (4) Subsections (2) and (3) apply, with such modifications as the circumstances require, with respect to a revised plan submitted pursuant to subsection (3). 1987, c. 3, s. 43 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 44
Public review 44 (1) Subject to any directives issued under subsection 42(1), the Regulator shall conduct a public review in relation to any potential development of a pool or field unless the Regulator is of the opinion that it is not required on any ground the Regulator considers to be in the public interest. Powers of Regulator (2) Where a public review is conducted in relation to any potential development of a pool or field, the Regulator may (a) establish terms of reference and a timetable that will permit a comprehensive review of all aspects of the development, including those within the authority of Parliament or of the Legislature of the Province; (b) appoint one or more commissioners and, where there is to be more than one commissioner, appoint as commissioners persons nominated by each of the governments in recognition of the authority of Ministers of the Crown in right of Canada or of the Province under any Act of Parliament or of the Legislature of the Province, other than this Act or the Provincial Act, in relation to the development; (c) if the potential development has been proposed to the Regulator by any person, require that person to submit and make available for public distribution a preliminary development plan, an environmental impact statement, a socio-economic impact statement, a preliminary Canada–Newfoundland and Labrador benefits plan and any other plan specified by the Regulator; and (d) cause the commissioners to hold public hearings in appropriate locations in the Province or elsewhere in Canada and report thereon to the Regulator, the Federal Minister and the Provincial Minister. Powers of commissioners (3) On the request of the Regulator, the Federal Government may, subject to such terms and conditions as it considers necessary, confer on the commissioners appointed pursuant to paragraph (2)(b) all or any of the powers conferred on persons appointed as commissioners under Part I of the Inquiries Act . Time limit for Regulator’s recommendations on a plan (4) The commissioners shall make their recommendations respecting any preliminary plan or statement submitted pursuant to paragraph (2)(c) within two hundred and seventy days after their receipt of the plan or statement or such shorter period as may be set by the Regulator. 1987, c. 3, s. 44; 2014, c. 13, s. 13(E); 2015, c. 4, s. 40(E) 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 44.1
Public hearings 44.1 The Regulator may conduct a public hearing in relation to the exercise of any of its powers or the performance of any of its duties and functions under this Act. 2015, c. 4, s. 41 2024, c. 20, s. 21
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 44.2
Confidentiality 44.2 At any public hearing conducted under section 44.1, the Regulator may take any measures and make any order that it considers necessary to ensure the confidentiality of any information likely to be disclosed at the hearing if the Regulator is satisfied that (a) disclosure of the information could reasonably be expected to result in a material loss or gain to a person directly affected by the hearing, or to prejudice the person’s competitive position, and the potential harm resulting from the disclosure outweighs the public interest in making the disclosure; or (b) the information is financial, commercial, scientific or technical information that is confidential information supplied to the Regulator and (i) the information has been consistently treated as confidential information by a person directly affected by the hearing, and (ii) the person’s interest in confidentiality outweighs the public interest in its disclosure. 2015, c. 4, s. 41 2024, c. 20, s. 101 2024, c. 20, s. 102(E)
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 44.3
Confidentiality — security 44.3 At any public hearing conducted under section 44.1, the Regulator may take any measures and make any order that it considers necessary to ensure the confidentiality of information that is likely to be disclosed at the hearing if the Regulator is satisfied that (a) there is a real and substantial risk that disclosure of the information will impair the security of pipelines , as defined in section 135, installations, facilities, vessels, aircraft or systems, including computer or communication systems, or methods employed to protect them; and (b) the need to prevent disclosure of the information outweighs the public interest in its disclosure. 2015, c. 4, s. 41 2024, c. 20, s. 22(E) 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 44.4
Exception 44.4 The Regulator shall not take any measures or make any order under section 44.2 or 44.3 in respect of information or documentation referred to in paragraphs 119(5)(a) to (e) and (i). 2015, c. 4, s. 41 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 46
Coordination 46 (1) The Regulator shall, to ensure effective coordination and avoid duplication of work and activities, conclude with the appropriate departments and agencies of the Government of Canada and of the Government of the Province memoranda of understanding in relation to (a) environmental regulation; (b) emergency measures; (c) coast guard and other marine regulation; (c.1) aviation regulation; (d) employment and industrial benefits for Canadians in general and the people of the Province in particular and the review and evaluation procedures to be followed by both governments and the Regulator in relation to such benefits; (e) occupational health and safety; and (f) such other matters as are appropriate. Idem (2) The Federal Minister and the Provincial Minister shall be parties to any memorandum of understanding concluded in relation to a matter referred to in paragraph (1)(d). 1987, c. 3, s. 46; 2014, c. 13, s. 16 2024, c. 20, s. 101 2024, c. 20, s. 102(E)
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 (a)
call for bids means a call for bids made in accordance with (a) in the case of petroleum, section 58, and (b) in the case of offshore renewable energy, section 93; ( appel d’offres )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
commercial discovery means a discovery of petroleum that has been demonstrated to contain petroleum reserves that justify the investment of capital and effort to bring the discovery to production; ( découverte exploitable )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
commercial discovery area means, in relation to a declaration of commercial discovery made pursuant to subsection 78(1) or (2), those portions of the offshore area described in the declaration; ( périmètre de découverte exploitable )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 (a)
Crown reserve area means (a) in relation to petroleum, portions of the offshore area in respect of which no petroleum-related interest is in force, and (b) in relation to offshore renewable energy, portions of the offshore area in respect of which no submerged land licence is in force respecting a particular renewable energy resource; ( réserves de l’État )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
former exploration agreement means an exploration agreement under the Canada Oil and Gas Land Regulations ; ( ancien accord d’exploration )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
former lease means an oil and gas lease under the Canada Oil and Gas Land Regulations ; ( ancienne concession )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
former permit means an exploratory permit under the Canada Oil and Gas Land Regulations ; ( ancien permis )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
former special renewal permit means a special renewal permit under the Canada Oil and Gas Land Regulations ; ( ancien permis spécial de renouvellement )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
holder or interest holder means, in respect of an interest or a share therein, the person indicated, in the register maintained pursuant to Division VIII, as the holder of the interest or the share; ( Version anglaise seulement )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 (a)
interest means (a) in relation to petroleum, any former exploration agreement, former lease, former permit, former special renewal permit, exploration licence, production licence or significant discovery licence, and (b) in relation to offshore renewable energy, any submerged land licence; ( titre )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
interest owner means the interest holder who holds an interest or the group of interest holders who hold all of the shares in an interest; ( Version anglaise seulement )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 (a)
prescribed means (a) in the case of a form or the information to be given on a form, prescribed by the Regulator, and (b) in any other case, prescribed by regulations made by the Governor in Council; ( Version anglaise seulement )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
share means, with respect to an interest, an undivided share in the interest or a share in the interest held in accordance with section 66; ( fraction )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 (a)
significant discovery means a discovery indicated by a well on a geological feature that (a) demonstrates, through any formation flow test approved by the Regulator, the existence of hydrocarbons in that feature, and (b) having regard to geological and engineering factors, suggests the existence of an accumulation of hydrocarbons that has potential for sustained production; ( découverte importante )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
significant discovery area means, in relation to a declaration of significant discovery made pursuant to subsection 71(1) or (2), those portions of the offshore area described in the declaration. ( périmètre de découverte importante )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 49
Giving notice 49 Where a notice is required to be given under this Part or the regulations, it shall be given in such form and manner as may be prescribed and shall contain such information as may be prescribed. 1987, c. 3, s. 49; 1992, c. 1, s. 144(F)
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 50
Binding on Her Majesty 50 This Part is binding on Her Majesty in right of Canada or a province.
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 51
Delegation 51 The Regulator may designate any person to exercise the powers and perform the duties and functions under this Part that are specified in the designation and on such designation that person may exercise those powers and shall perform those duties and functions subject to such terms and conditions, if any, as are specified in the designation. 1987, c. 3, s. 51 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 52
Advisory bodies 52 (1) The Regulator may from time to time appoint and fix the terms of reference of such advisory bodies as the Regulator considers appropriate to advise the Regulator with respect to such matters relating to the administration or operation of this Part or Part III as are referred to them by the Regulator. Remuneration (2) The members of any advisory body appointed under subsection (1) may be paid for their services such remuneration and expenses as are fixed by the Regulator. 1987, c. 3, s. 52 2024, c. 20, s. 101