Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 35
Veto 35 (1) Within thirty days after receipt of a notice of a fundamental decision pursuant to subsection 32(1) and any further period during which the implementation of the decision is suspended pursuant to section 34, the decision may be set aside (a) by both the Federal Minister and the Provincial Minister; or (b) by the Provincial Minister, in the case of (i) a fundamental decision of the Regulator referred to in paragraph 143(4)(a), or (ii) a fundamental decision with respect to a call for bids pursuant to Part II in relation to, or interests in relation to, a portion of the offshore area that is situated wholly within the Bay of Fundy or Sable Island. Federal Minister’s veto (2) The Federal Minister may (a) set aside a fundamental decision of the Regulator within thirty days after receipt of a notice of the decision pursuant to subsection 32(1) or any further period during which the implementation of the decision is suspended pursuant to section 34, or (b) overrule the setting aside of a fundamental decision by the Provincial Minister within thirty days after receipt of a notice to that effect pursuant to subsection (3), if, in the opinion of the Federal Minister, the decision, in the case of paragraph (a), or the setting aside of the decision, in the case of paragraph (b), would unreasonably delay the attainment of security of supply. Notice (3) Where a Minister sets aside a fundamental decision of the Regulator pursuant to subsection (1) or (2) or the Federal Minister overrules the setting aside of a fundamental decision pursuant to subsection (2), that Minister shall give a written notice to that effect to the other Minister and the Regulator. Commission of the Canadian Energy Regulator (4) Despite subsection (2), if the Provincial Minister disagrees with the setting aside or overruling by the Federal Minister in respect of a fundamental decision under subsection (2), the Commission of the Canadian Energy Regulator must, on application made by the Provincial Minister within the time and in the manner that may be prescribed, (a) determine whether the fundamental decision of the Regulator or the setting aside of that decision would unreasonably delay the attainment of security of supply; and (b) thereby confirm or vacate the setting aside or overruling by the Federal Minister in respect of the fundamental decision. Procedures for determination (5) A determination of the Commission of the Canadian Energy Regulator made under subsection (4), (a) despite the Canadian Energy Regulator Act , must be made within the time and in the manner that may be prescribed; (b) is final and binding and is not subject to appeal to, or review or setting aside by, any Minister, government, court or other body; and (c) must be published without delay by the Canadian Energy Regulator. Transitional (6) Where an application is made by the Provincial Minister to the Canadian Energy Regulator prior to the coming into force of the first regulation made for the purposes of subsection (4) or paragraph (5)(a), the application and the determination of the Canadian Energy Regulator shall be made in accordance with the procedures and within the periods established by the Canadian Energy Regulator. Conclusively set aside (7) For the purposes of section 33, a fundamental decision shall be deemed to have been conclusively set aside if (a) it is set aside by both Ministers pursuant to subsection (1); (b) it is set aside by the Provincial Minister pursuant to subsection (1) and the setting aside has not been overruled pursuant to paragraph (2)(b) or, if it has been so overruled, that overruling is vacated pursuant to subsection (4); or (c) it is set aside by the Federal Minister pursuant to subsection (2) and the setting aside has not been vacated pursuant to subsection (4). Regulations (8) Subject to section 6, the Governor in Council may make regulations prescribing anything that, by this section, is to be prescribed. Definitions (9) In this section and se