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 93
Calls for bids 93 (1) Subject to section 97 , the Regulator shall not issue a submerged land licence in relation to Crown reserve areas unless (a) prior to issuing the licence, the Regulator has made a call for bids in relation to those Crown reserve areas by publishing a notice in accordance with this section and section 98.1 ; and (b) the licence is issued to the person who submitted, in response to the call, a bid selected by the Regulator in accordance with subsection 94 (1). Ministerial decision (2) The making of a call for bids for the issuance of a submerged land licence is subject to sections 38.1 to 38.3. Contents of call for bids (3) The call for bids shall specify (a) the licence to be issued and the portions of the offshore area to which the licence is to apply; (b) if applicable, the particular technologies or types of offshore renewable energy resources to which the licence is to apply; (c) the other terms and conditions subject to which the licence is to be issued; (d) any terms and conditions that a bid must satisfy to be considered by the Regulator; (e) the form and manner in which a bid is to be submitted; (f) the closing date for the submission of bids; and (g) the criteria that the Regulator will apply in assessing bids submitted in response to the call. 1988, c. 28, s. 93; 1993, c. 47, s. 15 2024, c. 20, s. 147
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 94
Selection of bid 94 (1) A bid submitted in response to a call for bids shall not be selected unless (a) the bid satisfies the terms and conditions and is submitted in the form and manner specified in the call; and (b) the selection is made on the basis of the criteria specified in the call. Publication of bid selected (2) If the Regulator selects a bid submitted in response to a call for bids, the Regulator shall publish a notice in accordance with section 98.1 setting out the terms and conditions of that bid. Recommendation (3) The Regulator shall make an offshore renewable energy recommendation for or against the issuance of a submerged land licence under section 91 respecting all bids selected in accordance with subsection (1). 1988, c. 28, s. 94; 1993, c. 47, s. 15 2024, c. 20, s. 147
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 95
Issuance of licence not required 95 (1) The issuance of a submerged land licence is not required as a result of a call for bids. Licence to be consistent with bid (2) If a submerged land licence is to be issued as a result of a call for bids, the terms and conditions of the licence shall be substantially consistent with any terms and conditions specified in the call. Publication of terms and conditions (3) The Regulator shall publish a notice in accordance with section 98.1 setting out the terms and conditions of any submerged land licence issued as a result of a call for bids as soon as practicable after the licence’s issuance. 1988, c. 28, s. 95; 1993, c. 47, s. 15 2024, c. 20, s. 147
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 96
New call for bids required 96 Subject to section 97 , if the Regulator has not issued a submerged land licence with respect to a particular portion of the offshore area specified in a call for bids within 12 months after the closing date specified in the call for bids, the Regulator shall, before issuing a submerged land licence in relation to that portion of the offshore area, make a new call for bids. 1988, c. 28, s. 96; 1993, c. 47, s. 15 2024, c. 20, s. 147
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 97
Exception to call for bids — offshore renewable energy 97 (1) Subject to sections 38.1 to 38.3, the Regulator may issue a submerged land licence, in relation to any Crown reserve area, without making a call for bids if (a) the portion of the offshore area to which the licence is to apply has, through error or inadvertence, become a Crown reserve area and the interest owner who last held a submerged land licence in relation to that portion of the offshore area has, within one year after the time it became a Crown reserve area, requested the Regulator to issue a licence; (b) the Regulator is issuing the licence to an interest owner in exchange for the surrender by the interest owner, at the request of the Regulator, of any other submerged land licence or share in any other such licence, in relation to all or any portion of the offshore area subject to that other licence; or (c) the Federal Minister and the Provincial Minister have directed the Regulator to review an application for the issuance of a submerged land licence that will include the terms and conditions specified by the Ministers. Conditions (2) The terms and conditions referred to in paragraph (1)(c) shall specify that the purpose of the offshore renewable energy project to be carried out under the submerged land licence shall be restricted to any of the following: (a) to conduct research or to demonstrate a technology, approach or method related to the production, transmission or storage of renewable energy; (b) to conduct a site assessment activity; (c) to transmit an energy product produced from a renewable resource; (d) to provide energy for a petroleum-related work or activity; or (e) any other purpose set out in regulations. Notice (3) If the Regulator proposes to issue a submerged land licence under subsection (1), the Regulator shall, not later than 120 days before issuing the licence, publish a notice in accordance with section 98.1 setting out the terms and conditions of the proposed licence. 1988, c. 28, s. 97; 1993, c. 47, s. 15 2024, c. 20, s. 147
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 98
Failure to comply with call procedures 98 If a submerged land licence has been issued, it is not vitiated by reason only of a failure to comply with any of the requirements set out in sections 93 to 97 respecting the form and content of, and time and manner of publishing, any notice required by those sections in relation to that licence. 1988, c. 28, s. 98; 1993, c. 47, s. 15 2024, c. 20, s. 147
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 98.1
Manner of publication of notices 98.1 Any notice required to be published by the Regulator under subsection 93 (1), 94 (2), 95 (3), 97 (3) or 98.4 (2) shall be published in the Canada Gazette and in any other publication the Regulator deems appropriate and, despite those subsections, may contain only a summary of the information required to be published and a statement that the full text of the notice is available for inspection by any person on request made to the Regulator. 2024, c. 20, s. 147
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 98.2
Regulations 98.2 Subject to section 6, the Governor in Council may, for the purposes of section 93 , make regulations of general application in relation to the offshore area or any portion of the offshore area, or in respect of any particular call for bids, prescribing the terms, conditions and criteria to be specified in a call for bids and the manner in which bids are to be submitted and requiring those terms, conditions and criteria and manner to be specified in the call. 2024, c. 20, s. 147
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 98.3
Terms and conditions 98.3 (1) A submerged land licence shall contain any terms and conditions that may be set out in regulations and may contain any other terms and conditions, not inconsistent with this Part or the regulations, that may be agreed on by the Regulator, subject to sections 38.1 to 38.3, and the interest owner of the licence. Regulations (2) Subject to section 6, the Governor in Council may make regulations prescribing terms and conditions required to be included in submerged land licences issued in relation to the offshore area or any portion of the offshore area. 2024, c. 20, s. 147
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 98.4
Amendment of licence 98.4 (1) Subject to sections 38.1 to 38.3, the Regulator and the interest owner of a submerged land licence may, by agreement, amend any provision of the licence in any manner not inconsistent with this Part or the regulations and may, subject to subsection (2), amend the licence to include any other portion of the offshore area. Exception (2) The Regulator shall not amend a submerged land licence to include any portion of the offshore area that, immediately prior to the inclusion, was a Crown reserve area unless the Regulator would be able to issue an interest to that interest owner in relation to that area under subsection 97 (1) and a notice has been published in accordance with section 98.1 not later than 120 days before making the amendment, setting out the terms and conditions of the amendment. Consolidation of licences (3) Subject to sections 38.1 to 38.3, the Regulator may, on the application of the interest owners of two or more submerged land licences, consolidate those licences into a single submerged land licence, subject to any terms and conditions that may be agreed on by the Regulator and those interest owners. 2024, c. 20, s. 147
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 98.5
Effective date of licence 98.5 (1) The effective date of a submerged land licence is the date specified in the licence. Crown reserve areas on expiry of licence (2) On the expiry of the submerged land licence, the portions of the offshore area to which the licence related become Crown reserve areas. 2024, c. 20, s. 147
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 98.6
Qualification for submerged land licence 98.6 No submerged land licence or share in a submerged land licence may be held by any person other than a corporation incorporated in Canada. 2024, c. 20, s. 147
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 98.7
Principles 98.7 The following principles apply in this Division: (a) all Canadian corporations and individuals resident in Canada shall have a full and fair opportunity to participate on a competitive basis, including in the course of employment, in the supply of goods and services used in any work or activity related to an offshore renewable energy project; (b) importance shall be given to the development of measures that aim to increase the participation of under-represented groups, including in the course of employment, in the supply of goods and services used in any such work or activity; and (c) during the submerged land licence issuance process, importance shall be given to the consideration of effects on fishing activities. 2024, c. 20, s. 147
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 99.1
Revenues reserved 99.1 (1) There is reserved to His Majesty in right of Canada, and each holder of a share in a submerged land licence is liable for and shall pay to His Majesty in right of Canada, in accordance with subsection (2), the revenues, interest and penalties that would be payable under the Provincial Act or any other Act of the Province and any regulations made under those Acts in respect of offshore renewable energy projects carried out on Nova Scotia lands , as defined in section 2 of the Provincial Act. Application of Nova Scotia legislation (2) Subject to this Act and the regulations, the Provincial Act and any other Act of the Province and any regulations made under those Acts apply, with any modifications that the circumstances require, for the purposes of this section. Remedies for unpaid revenues (3) Despite any other provision of this Act or the regulations, for the purposes of this section, if a person is in default under the Provincial Act or any other Act of the Province and any regulations made under those Acts in the payment of any amount payable under this section, the Provincial Minister may, as long as the amount remains unpaid, direct the Regulator to (a) refuse to issue to that person any submerged land licence in relation to any portion of the offshore area; (b) refuse to authorize, under Part III, that person to carry on any work or activity related to an offshore renewable energy project and suspend any such authorization already given; and (c) exercise the powers under subsections 126(1) and (4). No remedy pending appeals (4) No remedy may be exercised under subsection (3) in respect of a default in payment of an amount pending any assessment, reassessment, appeal or review in respect of that default under the Provincial Act or any other Act of the Province or any regulations made under those Acts or otherwise provided by law. For greater certainty (5) For greater certainty, for the purposes of this Division, revenues, interest and penalties payable under subsection (1) do not include taxes, interest and penalties imposed, levied and collected under Part IV. 2024, c. 20, s. 150
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 100
e person under that section or both that section and that Act and regulations made under that Act, in the manner that is specified in the agreement, even if the person directed that the payment be applied in any other manner or made no direction as to its application. Relief of liability (7) Any payment or part of a payment applied by the Government of the Province in accordance with an agreement entered into under subsection (3) towards the royalties, interest, penalties or other sums payable by a person under section 99 or the revenues, interest, penalties or other sums payable by a person under section 99.1, as the case may be, (a) relieves that person of liability to pay those amounts payable to the extent of the applied payment or part of the payment; and (b) shall be deemed to have been applied in accordance with a direction made by that person. 1988, c. 28, s. 100 2024, c. 20, s. 151
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 101
Remittance to Receiver General 101 (1) All royalties, interest and penalties payable under section 99 and all revenues, interest and penalties payable under section 99.1, including the proceeds of any royalty or revenues payable in kind, shall be made payable and remitted to the Receiver General. Consolidated Revenue Fund (2) On the collection or receipt by the Regulator under this section of any amounts payable, those amounts shall be deposited as soon as practicable to the credit of the Receiver General and paid into the Consolidated Revenue Fund in the manner prescribed by the Treasury Board under the Financial Administration Act . 1988, c. 28, s. 101; 2015, c. 4, s. 80(F) 2024, c. 20, s. 152
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 102
Debts due to His Majesty 102 All royalties, interest and penalties payable under section 99 and all revenues, interest and penalties payable under section 99.1 are debts due to His Majesty in right of Canada and are recoverable from the person required to pay them in accordance with this Division. 1988, c. 28, s. 102 2024, c. 20, s. 152
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 103
Fund continued 103 (1) Part VII of the Canada Petroleum Resources Act applies, with such modifications as the circumstances require, within the offshore area. Rates subject to Regulator’s approval (2) The rates fixed by the Federal Minister pursuant to section 80 of the Canada Petroleum Resources Act , as they apply to the offshore area, are subject to approval by the Regulator. Appointment (3) Despite subsection 78(2) of the Canada Petroleum Resources Act , one of the members of the Environmental Studies Management Board established by subsection 78(1) of that Act is to be appointed by the Regulator on the recommendation of the Provincial Minister. Reports and recommendations to Regulator (4) The Environmental Studies Management Board referred to in subsection (3) shall submit to the Regulator, at the same time the report or recommendation referred to in paragraph (a) is submitted to the Federal Minister, (a) a copy of every annual report and recommendation submitted to the Federal Minister under paragraph 79(1)(d) or (e) of the Canada Petroleum Resources Act , and (b) a copy of that part of every budget submitted to the Federal Minister under paragraph 79(1)(c) of that Act that relates to the offshore area. 1988, c. 28, s. 103 2024, c. 20, s. 153 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 104
Interest owner exempt from payment 104 The interest owner of an interest in relation to lands situated in that portion of the offshore area that is described in Schedule IV is, in respect of those lands, exempt from the payment under section 81 of the Canada Petroleum Resources Act of any amount in respect of any period specified in a notice issued under subsection 141(1) or (2). 1988, c. 28, s. 104; 2015, c. 39, s. 2
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8
assignment of security interest means a notice of the assignment of a security interest or any part thereof in respect of which a security notice has been registered under this Division; ( cession de sûreté )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8
court means the Supreme Court of Nova Scotia and includes a judge of that Court; ( tribunal )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8
Deputy Registrar means such person as the Regulator may designate as the Deputy Registrar for the purposes of this Division; ( directeur adjoint )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8
discharge means a notice of the discharge of a security notice or postponement and includes a partial discharge; ( mainlevée )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8
instrument means a discharge, postponement, security notice, transfer or an assignment of a security interest; ( acte )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 (a)
operator’s lien means any charge on or right in relation to an interest or a share in an interest (a) that arises under a contract (i) to which the interest owner or holder of the interest or share is a party, (ii) that provides for the operator appointed under the contract to carry out any work or activity, in the portions of the offshore area to which the interest or share applies, related to the exploration for or the development or production of petroleum or to offshore renewable energy projects, and (iii) that requires the interest owner or holder to make payments to the operator to cover all or part of the advances made by the operator in respect of the costs and expenses of such work or activity, and (b) that secures the payments referred to in subparagraph (a)(iii); ( privilège de l’exploitant )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8
postponement means a document evidencing the postponement of a security notice or operator’s lien; ( cession de priorité )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8
Registrar means such person as the Regulator may designate as the Registrar for the purposes of this Division; ( directeur )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8
secured party means the person claiming a security interest under a security notice; ( partie garantie )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 (a)
security interest means any charge on or right in relation to an interest or a share in an interest that secures (a) the payment of an indebtedness arising from an existing or future loan or advance of money, (b) a bond, debenture or other security of a corporation, or (c) the performance of the obligations of a guarantor under a guarantee given in respect of all or any part of an indebtedness referred to in paragraph (a) or all or any part of a bond, debenture or other security of a corporation, and includes a security given under section 426 of the Bank Act , but does not include an operator’s lien; ( sûreté )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8
security notice means a notice of a security interest; ( Version anglaise seulement )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8
transfer means a transfer of an interest or a share in an interest. ( transfert )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 106
Notice of disposition of any interest 106 (1) If an interest holder of an interest or any share in an interest enters into an agreement or arrangement that is or may result in a transfer, assignment or other disposition of the interest or share, the interest holder shall give notice of such agreement or arrangement to the Regulator, together with a summary of its terms and conditions or, on the request of the Regulator, a copy of the agreement or arrangement. Conditions of transfer (2) A submerged land licence shall only be transferred, assigned or otherwise disposed of under subsection (1) if the Regulator is satisfied that the terms and conditions of the licence can be met following the transfer, assignment or other disposition. 1988, c. 28, s. 106 2024, c. 20, s. 155
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 107 and 107.1
107 and 107.1 [Repealed, 1993, c. 47, s. 16]
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 108
Establishment of register 108 (1) A public register of all interests and instruments registered under this Division shall be established and maintained in accordance with this Division and the regulations. Duties of Registrar and Deputy Registrar (2) The Registrar and Deputy Registrar shall exercise such powers and perform such duties and functions in respect of the register and the system of registration established under this Division as may be prescribed.