Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 127
Definition of Committee 127 (1) In this section, Committee means the Oil and Gas Committee established pursuant to section 145. Notice (2) The Regulator shall, not less than thirty days before making any order or decision or taking any action in respect of which it is expressly stated in this Part to be subject to this section, give notice in writing to the persons the Regulator considers to be directly affected by the proposed order, decision or action. Request for hearing (3) Any person receiving a notice under subsection (2) may, in writing, request a hearing within the thirty day period referred to in that subsection and, on receipt of such a request, the Regulator shall direct the Committee to appoint a time and place for a hearing and to give notice thereof to the person who requested the hearing. Hearing (4) Any person requesting a hearing under subsection (3) may make representations and introduce witnesses and documents at the hearing. Powers of Committee (5) For the purposes of a hearing requested under subsection (3), the Committee has, regarding the attendance, swearing and examination of witnesses and the production and inspection of documents, all such powers, rights and privileges as are vested in a superior court of record. Recommendations of Committee (6) On the conclusion of the hearing, the Committee shall submit to the Regulator its recommendations concerning the proposed order, decision or action of the Regulator, together with the evidence and other material that was before the Committee. Order of Regulator (7) Before making any order or decision or taking any action in respect of which a hearing has been held, the Regulator shall consider the recommendations of the Committee. Notification of order and reasons (8) If an order, decision or action referred to in subsection (2) is made or taken, the Regulator shall notify the person who requested a hearing in respect of the order, decision or action under subsection (3) and, on request by that person, publish or make available to that person the reasons for the order, decision or action. Effective date of order (9) Subject to subsection (10), an order, decision or action referred to in subsection (2) takes effect as of (a) the day that immediately follows the last day of the thirty day period referred to in that subsection, where no hearing is requested under subsection (3); or (b) the day that the order or decision is made or the action is taken by the Regulator, where a hearing is requested under subsection (3). Fundamental decisions (10) Where a decision referred to in subsection (2) is a fundamental decision or an order or action referred to in that subsection involves the making of a fundamental decision, the periods referred to in paragraph 33(1)(a) do not commence prior to the day referred to in paragraph (9)(a) or (b), as the case may be, and the order, decision or action takes effect subject to section 33. Judicial review (11) Any order, decision or action in respect of which a hearing is held under this section is subject to review and to be set aside by the Supreme Court of Nova Scotia in accordance with the practice and procedure established by or pursuant to the Provincial Act. 1988, c. 28, s. 127; 1999, c. 31, s. 31 2024, c. 20, s. 158 2024, c. 20, s. 204 2024, c. 20, s. 205(E)