GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
pipeline means any pipe or any system or arrangement of pipes by which petroleum or water incidental to the drilling for or production of petroleum is conveyed from any wellhead or other place at which it is produced to any other place, or from any place where it is stored, processed or treated to any other place, and includes all property of any kind used for the purpose of, or in connection with or incidental to, the operation of a pipeline in the gathering, transporting, handling and delivery of petroleum and, without restricting the generality of the foregoing, includes offshore installations or vessels, tanks, surface reservoirs, pumps, racks, storage and loading facilities, compressors, compressor stations, pressure measuring and controlling equipment and fixtures, flow controlling and measuring equipment and fixtures, metering equipment and fixtures, and heating, cooling and dehydrating equipment and fixtures, but does not include any pipe or any system or arrangement of pipes that constitutes a distribution system for the distribution of gas to ultimate consumers; ( pipe-line )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 (a)
well means any opening in the ground (not being a seismic shot hole) that is made, is to be made or is in the process of being made, by drilling, boring or other method, (a) for the production of petroleum, (b) for the purpose of searching for or obtaining petroleum, (c) for the purpose of obtaining water to inject into an underground formation, (d) for the purpose of injecting gas, air, water or other substance into an under ground formation, or (e) for any purpose, if made through sedimentary rocks to a depth of at least one hundred and fifty metres. ( puits )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 135.1
Purpose 135.1 The purpose of this Part is to promote (a) safety, particularly by encouraging persons exploring for and exploiting petroleum or carrying on an offshore renewable energy project to maintain a prudent regime for achieving safety; (b) the protection of the environment; (b.1) accountability in accordance with the “polluter pays” principle; and (c) in respect of the exploration for and exploitation of petroleum, the conservation of petroleum resources and joint production arrangements. 1992, c. 35, s. 53; 2015, c. 4, s. 48 2024, c. 20, s. 55
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 136
Application 136 This Part applies in respect of the exploration and drilling for and the production, conservation, processing and transportation of petroleum, and in respect of offshore renewable energy projects, in the offshore area. 1987, c. 3, s. 136; 1992, c. 35, s. 54(F) 2024, c. 20, s. 57
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 136.1
Designation 136.1 The Provincial Minister may designate one of the members of the Oil and Gas Administration Advisory Council established by the Canada Oil and Gas Operations Act . 1992, c. 35, s. 55
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 136.2
Approval 136.2 The Provincial Minister may approve the establishment of the Offshore Oil and Gas Training Standards Advisory Board by the federal Ministers pursuant to subsection 5.5(1) of the Canada Oil and Gas Operations Act . 1992, c. 35, s. 55
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 137
Prohibition 137 No person shall carry on any work or activity related to the exploration or drilling for or the production, conservation, processing or transportation of petroleum in the offshore area unless (a) that person is the holder of an operating licence issued under paragraph 138(1)(a); (b) that person is the holder of an authorization issued, before the commencement of operations, under paragraph 138(1)(b) for each such work or activity; and (c) where it is required, that person is authorized or entitled to carry on business in the place where that person proposes to carry on the work or activity. 1987, c. 3, s. 137; 1992, c. 35, s. 56
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 137.01
Prohibition — offshore renewable energy 137.01 No person shall carry on any work or activity related to an offshore renewable energy project unless (a) that person is the holder of an authorization issued, before the commencement of operations, under subsection 138.01(1) for the work or activity; and (b) if it is required, that person is authorized or entitled to carry on business in the place where that person proposes to carry on the work or activity. 2024, c. 20, s. 58
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 137.1
Delegation 137.1 The Regulator may delegate any of the Regulator’s powers under section 138, 138.01, 138.2, 138.3, 139.1, 139.2, 162.1, 163, 183.2 or 183.21 to any person, and the person shall exercise those powers in accordance with the terms of the delegation. 1992, c. 35, s. 57; 2015, c. 4, s. 49 2024, c. 20, s. 59
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 138
Licences and authorizations 138 (1) The Regulator may, on application made in the form and containing the information fixed by it, and made in the prescribed manner, issue in relation to petroleum-related works or activities (a) an operating licence; and (b) subject to section 45, an authorization with respect to each work or activity proposed to be carried on. Term and renewals (2) An operating licence expires on the thirty-first day of March immediately after the day on which it is issued and may be renewed for successive periods not exceeding one year each. Requirements for operating licence (3) An operating licence is subject to any requirements that are determined by the Regulator or that are prescribed and to any deposits that are prescribed. Copy to Chief Safety Officer (3.1) On receipt by the Regulator of an application for an authorization for a work or activity referred to in paragraph (1)(b) or of an application to amend such an authorization, the Regulator shall provide a copy of the application to the Chief Safety Officer. Requirements for authorization (4) An authorization is subject to such approvals as the Regulator determines or as may be granted in accordance with the regulations and such requirements and deposits as the Regulator determines or as may be prescribed, including (a) requirements relating to liability for loss, damage, costs or expenses; (b) requirements for the carrying out of environmental programs or studies; (b.1) requirements that are conditions established under the Impact Assessment Act , including those established under section 64 of that Act or by regulations made under paragraph 112(1)(a.2) of that Act; and (c) requirements for the payment of expenses incurred by the Regulator in approving the design, construction and operation of production facilities and production platforms, as those terms are defined in the regulations. Limitation (4.1) The approvals, requirements and deposits that are determined, granted or prescribed shall not be inconsistent with the provisions of this Act or the regulations. Suspension or revocation (5) The Regulator may suspend or revoke an operating licence or an authorization for failure to comply with, contravention of or default in respect of (a) a requirement, approval or deposit, determined by the Regulator in accordance with the provisions of this Part or Part III.1 or granted or prescribed by regulations made under either of those Parts, subject to which the licence or authorization was issued; (a.1) a fee or charge payable in accordance with regulations made under section 29.1; (b) a requirement undertaken in a declaration referred to in subsection 139.1(1); (c) subsection 139.1(3), 139.2(2), 162.1(4) or (5) or 163(1.1), (1.2) or (5); (c.1) any provision of Part III.1; or (d) any applicable regulation. 1987, c. 3, s. 138; 1992, c. 35, s. 58; 2014, c. 13, s. 22; 2015, c. 4, ss. 50, 117 2024, c. 20, s. 61 2024, c. 20, s. 101 2024, c. 20, s. 102(E) 2024, c. 20, s. 103(F)
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 138.01
Authorizations 138.01 (1) The Regulator may, on application containing any information required by the Regulator or prescribed, issue an authorization with respect to each work or activity proposed to be carried out in relation to an offshore renewable energy project. Copy of application (2) On receipt by the Regulator of an application for an authorization referred to in subsection (1) or of an application to amend the authorization, the Regulator shall provide a copy of the application to the Chief Safety Officer. Terms and conditions of authorization (3) An authorization is subject to any terms and conditions required by the Regulator or prescribed, including terms or conditions with respect to (a) approvals; (b) deposits of money; (c) liability for loss, damage, costs or expenses related to debris , as defined in subsection 183.17(1); (d) the carrying out of safety studies or environmental programs or studies; (d.1) conditions established under the Impact Assessment Act , including those established under section 64 of that Act or by regulations made under paragraph 112(1)(a.2) of that Act; and (e) certificates of fitness and who may issue them. Limitation (4) The terms and conditions shall not be inconsistent with the provisions of this Act or the regulations. Suspension or revocation (5) The Regulator may suspend or revoke an authorization referred to in subsection (1) for failure to comply with, contravention of or default in respect of (a) a term or condition, determined by the Regulator in accordance with the provisions of this Part or Part III.1 or prescribed under either of those Parts, subject to which the authorization was issued; (b) a fee or charge payable in accordance with regulations made under section 29.1; (c) a requirement undertaken in a declaration referred to in subsection 139.1(2); (d) subsection 139.1(3), 183.2(3) or 183.21(2); (e) any provision of Part III.1; or (f) any applicable regulation. 2015, c. 4, s. 51 2024, c. 20, s. 62
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 138.011
Definition of designated project 138.011 (1) For the purposes of this section and sections 138.012 to 138.016, designated project means a designated project , as defined in section 2 of the Impact Assessment Act , that is a work or activity referred to in section 137 or 137.01 of this Act. Impact assessment (2) If an application for an authorization made under paragraph 138(1)(b) or subsection 138.01(1) or an application made under subsection 139(2) is in respect of a designated project, the Regulator may not make a determination respecting that application before (a) the Impact Assessment Agency of Canada decides, under subsection 16(1) of the Impact Assessment Act , that an impact assessment of that project is not required; or (b) the Minister of the Environment has issued a decision statement under section 65 of that Act. Designating a work or activity (3) If the Minister of the Environment considers designating, under section 9 of the Impact Assessment Act , a work or activity referred to in section 137 or 137.01 of this Act, the Chairperson of the Regulator shall provide the Minister with comments respecting this designation. Consultation with Ministers (4) Before providing the Minister of the Environment with comments, the Chairperson of the Regulator may consult with the Federal Minister and the Provincial Minister and, in that event, the Chairperson shall consult with both Ministers. 2024, c. 20, s. 62.1
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 138.013
Access to information by Agency or review panel 138.013 The Regulator shall provide the Impact Assessment Agency of Canada or a review panel, on request and within the period specified by the Agency or review panel under section 23 of the Impact Assessment Act , with any specialist or expert information or knowledge that the Regulator possesses. 2024, c. 20, s. 62.1
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 138.014
Comments for Agency — conditions 138.014 If the Impact Assessment Agency of Canada or review panel is to make recommendations respecting a designated project to assist the Minister of the Environment in establishing conditions under section 64 of the Impact Assessment Act , including respecting mitigation measures, a follow-up program or an adaptive management plan, the Regulator shall provide the Agency or review panel, as the case may be, with comments respecting those conditions. 2024, c. 20, s. 62.1
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 138.015
Federal authority’s obligation 138.015 Every federal authority , as defined in section 2 of the Impact Assessment Act , shall provide the Regulator, on request and within the period specified by the Regulator, with any specialist or expert information or knowledge that the authority possesses and that the Regulator may require in order to (a) decide whether to authorize a work or activity under subsection 138(1) or 138.01(1); (b) decide whether to approve a development plan under subsection 139(4) or any amendment to that plan under subsection 139(5); or (c) conduct a regional assessment under section 138.017 or a strategic assessment under section 138.018. 2024, c. 20, s. 62.2
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 138.016
Access to information by authority 138.016 The Regulator shall provide an authority , as defined in section 81 of the Impact Assessment Act , on request and within the period specified by the authority under section 85 of that Act, with any specialist or expert information or knowledge that the Regulator possesses respecting a project , as defined in section 81 of that Act. 2024, c. 20, s. 62.2
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 138.017
Regional assessments 138.017 (1) The Regulator may conduct a regional assessment of the effects of any existing or future work or activity referred to in sections 137 or 137.01. Agreement between Ministers (2) The Federal Minister and the Provincial Minister may enter into an agreement with any jurisdiction authorized under any other federal or provincial legislation to conduct a regional assessment of the effects of any existing or future work or activity referred to in sections 137 or 137.01, including to specify the time limits and terms of that regional assessment. 2024, c. 20, s. 62.2
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 138.018
Strategic assessments 138.018 (1) The Regulator may conduct a strategic assessment of any proposed or existing policy, plan or program respecting the offshore area or of any issue that is relevant to any existing or future work or activity referred to in sections 137 or 137.01. Agreement between Ministers (2) The Federal Minister and the Provincial Minister may enter into an agreement with any jurisdiction authorized under any other federal or provincial legislation to conduct a strategic assessment of any proposed or existing policy, plan or program respecting the offshore area or of any issue that is relevant to any existing or future work or activity referred to in sections 137 or 137.01, including to specify the time limits and terms of that strategic assessment. 2024, c. 20, s. 62.2
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 138.019
Access to information by Agency or committee 138.019 The Regulator shall provide the Impact Assessment Agency of Canada or a committee, on request and within the period specified by the Agency or committee under section 100 of the Impact Assessment Act , with any specialist or expert information or knowledge that the Regulator possesses. 2024, c. 20, s. 62.2
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 138.02
Comments for Minister of the Environment 138.02 If the Minister of the Environment shall, for the purposes of any regional assessment of the effects of any existing or future work or activity referred to in sections 137 or 137.01 or for the purposes of any strategic assessment in the offshore area, establish the terms of reference and appoint members of a committee or establish the terms of reference of the Impact Assessment Agency of Canada under section 96 of the Impact Assessment Act , the Federal Minister, the Provincial Minister and the Chairperson of the Regulator shall provide the Minister of the Environment with comments respecting those terms of reference or appointments. 2015, c. 4, s. 51 2024, c. 20, s. 62.2
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 138.021
Participant funding program 138.021 The Regulator may establish a participant funding program to facilitate the participation of the public and any Indigenous peoples of Canada in consultations concerning any matter respecting the offshore area. 2024, c. 20, s. 62.2
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 138.1
Right of entry 138.1 (1) Subject to subsection (2), any person may, for the purpose of exploring for or exploiting petroleum, enter on and use any portion of the offshore area in order to carry on a work or activity authorized under paragraph 138(1)(b). Right of entry — offshore renewable energy (1.1) Subject to subsection (2), any person may, for the purpose of carrying on an offshore renewable energy project, enter on and use any portion of the offshore area in order to carry on a work or activity authorized under subsection 138.01(1). Right of entry — abandoned facilities (1.2) Subject to subsection (2), any person may enter on and use any portion of the offshore area in order to make contact with, alter or remove an abandoned facility if they have been authorized to do so under subsection 183.3(2). Restriction (2) If a person occupies a portion of the offshore area under a lawful right or title, other than an authorization under paragraph 138(1)(b) or subsection 138.01(1) or an interest as defined in section 47, no person may enter on or use that portion for a purpose referred to in any of subsections (1) to (1.2) without the consent of the occupier or, if consent has been refused, except in accordance with the terms and conditions imposed by a decision of an arbitrator made in accordance with the regulations. 1992, c. 35, s. 58 2024, c. 20, s. 63
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 138.2
Safety — petroleum operations 138.2 (1) The Regulator shall, before issuing an authorization for a work or activity referred to in paragraph 138(1)(b), consider the safety of the work or activity by reviewing, in consultation with the Chief Safety Officer, the system as a whole and its components, including its structures, facilities, equipment, operating procedures and personnel. Safety — offshore renewable energy operations (2) The Regulator shall, before a work or activity referred to in subsection 138.01(1) commences, consider the safety of the work or activity by reviewing, in consultation with the Chief Safety Officer, the system as a whole and its components, including its structures, facilities, equipment, operating procedures and personnel. 1992, c. 35, s. 58 2024, c. 20, s. 64
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 138.21
Net environmental benefit 138.21 The Regulator shall not permit the use of a spill-treating agent in an authorization issued under paragraph 138(1)(b) unless the Regulator determines, taking into account any prescribed factors and any factors the Regulator considers appropriate, that the use of the spill-treating agent is likely to achieve a net environmental benefit. 2015, c. 4, s. 52 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 138.3
Compliance — petroleum 138.3 (1) The Regulator shall, before issuing an authorization for a work or activity referred to in paragraph 138(1)(b), ensure that the applicant has complied with the requirements of subsections 162.1(1) or (2) and 163(1) or (1.01) in respect of that work or activity. Compliance — offshore renewable energy (2) The Regulator shall ensure that an applicant or holder of an authorization under subsection 138.01(1) has, prior to a date determined by regulations or, in the absence of regulations, prior to commencing a work or activity under that authorization, complied with the requirements of subsections 183.2(1) and 183.21(1) in respect of that work or activity. 1992, c. 35, s. 58; 2015, c. 4, s. 53 2024, c. 20, s. 65
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 139
transboundary pool extending into the jurisdiction of a foreign government, the Federal Minister after having consulted the Minister of Foreign Affairs and the Provincial Minister — may refer the matter to an expert in accordance with section 183.16. Submissions regarding Part I (10) Any submissions to the expert by the Regulator regarding Part I of the development plan are subject to sections 31 to 40. In respect of any transboundary pool extending into the jurisdiction of a foreign government, the submissions are subject to the approval of the Federal Minister in consultation with the Provincial Minister. Expert’s decision (11) The expert’s decision is deemed to be approval of the plan by the Regulator and approval of Part I of that plan by the Federal Minister and the Provincial Minister, or in the case of any transboundary pool extending into the jurisdiction of a foreign government, by only the Federal Minister. Amendment to development plan (12) Subsections (7) to (11) apply, with any necessary modifications, to a proposed amendment to a development plan to which a work or activity in a transboundary pool relates or to any requirement to which the approval of the plan is subject. 1987, c. 3, s. 139; 1992, c. 35, s. 59 2024, c. 20, s. 66 2024, c. 20, s. 101