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 25
Chief Executive Officer 25 (1) There shall be a Chief Executive Officer of the Regulator who (a) where both the Federal Government and the Provincial Government appoint the Chairperson as Chief Executive Officer, is the Chairperson of the Regulator; or (b) in any other case, is to be appointed by the Regulator by means of an open competition. Approval required (2) The appointment of a Chief Executive Officer pursuant to paragraph (1)(b) is subject to the approval of both governments. Panel to choose Chief Executive Officer in the absence of agreement (3) Where either government fails to make an appointment pursuant to paragraph (1)(a) or to approve the appointment of a Chief Executive Officer pursuant to paragraph (1)(b), the Chief Executive Officer shall be appointed by both the Federal Government and the Provincial Government after having been selected pursuant to subsection (4) by a panel constituted in accordance with section 47, unless, at any time prior to the selection of the Chief Executive Officer by the panel, the two governments agree on the appointment. Selection within sixty days (4) The Chief Executive Officer shall be selected, from among persons nominated by each government, by the panel within sixty days after the appointment of the chairperson of the panel. Decision of panel binding (5) The decision of the panel selecting a Chief Executive Officer is final and binding on both governments. Application of subsection (6) Subsection 15(1) applies, with such modifications as the circumstances require, to the appointment of the Chief Executive Officer pursuant to paragraph (1)(a) or subsection (3). Absence or incapacity of Chief Executive Officer (7) The Regulator shall designate a person to act as Chief Executive Officer during any absence or incapacity of that Officer or vacancy in the office of Chief Executive Officer and that person, while acting as Chief Executive Officer, has and may exercise all the powers and perform all of the duties and functions of that office. 1988, c. 28, s. 25; 2014, c. 13, s. 91(E); 2015, c. 4, s. 73(F) 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 26
Staff of the Regulator 26 (1) The Regulator may, on the recommendation of the Chief Executive Officer, employ such other officers and such employees as are necessary to properly perform the duties and functions of the Regulator under this Act and the Accord. Method of selection (2) The appointment of every person employed pursuant to subsection (1) shall be based on selection according to merit. Presumption (3) Except as provided in subsection (4), no person employed pursuant to subsection (1) shall, by virtue of that employment, be considered to be employed in the federal public administration or the public service of the Province. Mobility of staff (4) For the purpose of being eligible for appointment to a position in the public service by an appointment process under the Public Service Employment Act , (a) any person who, immediately prior to being employed by the Regulator, was employed in the public service shall be deemed to be a person employed in the public service in the Department of Natural Resources in the location where that person is performing duties for the Regulator and in a position of an occupational nature and at a level equivalent to the position in which that person is employed by the Regulator; and (b) any person who, immediately prior to being employed by the Regulator, was not employed in the public service shall, two years after being employed by the Regulator, be deemed to be a person employed in the public service in the Department of Natural Resources in the location where that person is performing duties for the Regulator and in a position of an occupational nature and at a level equivalent to the position in which that person is employed by the Regulator. Application of Nova Scotia legislation (4.1) Nova Scotia social legislation as defined in subsection 210.001(1), the provisions of the Trade Union Act , R.S.N.S. 1989, c. 475, as amended from time to time, and the provisions of the Occupational Health and Safety Act , S.N.S. 1996, c. 7, as amended from time to time, and any regulations made under that legislation or those Acts, apply to persons employed under subsection (1). Non-application of Canada Labour Code (4.2) Despite section 4 and subsections 123(1) and 168(1) of the Canada Labour Code , that Act does not apply to persons employed under subsection (1). Definition of public service (5) In this section, public service has the same meaning as in the Federal Public Sector Labour Relations Act . 1988, c. 28, s. 26; 2003, c. 22, ss. 123, 225(E), 232; 2014, c. 13, s. 58; 2017, c. 9, s. 55 2024, c. 20, s. 120 2024, c. 20, s. 204 2024, c. 20, s. 206(F)
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 27
Auditor 27 The Regulator shall appoint an auditor, for such term as is set by the Regulator, for the purposes of auditing the financial statements of the Regulator. 1988, c. 28, s. 27 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 27.1
Audit and evaluation committee 27.1 (1) The Regulator shall appoint an audit and evaluation committee consisting of not fewer than three members of the Regulator and fix the duties and functions of the committee and may, by by-law, provide for the payment of expenses to the members of the committee. Internal audit (2) In addition to any other duties and functions that it is required to perform, the audit and evaluation committee shall cause internal audits to be conducted to ensure that the officers and employees of the Regulator act in accordance with management systems and controls established by the Regulator. 2014, c. 13, s. 59 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 28
Budget 28 (1) The Regulator shall, in respect of each fiscal year, prepare a budget sufficient to permit the Regulator to properly exercise its powers and perform its duties and functions. Submission to governments (2) The budget shall be submitted to the Federal Minister and the Provincial Minister, at such time as may be specified by each Minister, for their consideration and approval. Revised budget (3) Where it appears that the actual aggregate of the expenditures of the Regulator in respect of any fiscal year is likely to be substantially greater or less than that estimated in its budget in respect of that fiscal year, a revised budget in respect of that fiscal year, containing such particulars as may be requested by either Minister, shall be submitted to both Ministers for their consideration and approval. Payment of operating costs (4) Subject to subsection (4.1), the Government of Canada shall pay one-half of the aggregate of the expenditures set out in the budget or revised budget in respect of each fiscal year. Payment of specific activities (4.1) The Chief Executive Officer may include in the budget or revised budget expenditures associated with specific requirements of one government that are to be paid entirely by that government. Appropriation (5) Subject to any other Act of Parliament that appropriates moneys for the payment required by subsection (4), the sums required for such payment shall be paid out of the Consolidated Revenue Fund from time to time as required. 1988, c. 28, s. 28 2024, c. 20, s. 121 2024, c. 20, s. 204 2024, c. 20, s. 205(E) 2024, c. 20, s. 206(F)
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 29
Access to books and accounts 29 Subject to subsection 19(2), both the Federal Minister and the Provincial Minister are entitled to have access to the books and accounts of the Regulator. 1988, c. 28, s. 29 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 30
Annual report 30 (1) The Regulator shall, in respect of each fiscal year, prepare a report in both official languages of Canada and submit it to the Federal Minister and the Provincial Minister not later than ninety days after the expiration of that fiscal year. Contents of report (2) The annual report submitted under subsection (1) shall contain an audited financial statement and a description of the activities of the Regulator, including those relating to occupational health and safety, during the fiscal year covered by the report. Tabling of report (3) The Federal Minister shall cause the annual report referred to in this section to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day on which the report is submitted to the Federal Minister. 1988, c. 28, s. 30; 2014, c. 13, s. 60 2024, c. 20, s. 204 2024, c. 20, s. 205(E)
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 30.1
Regulations respecting fees, etc. 30.1 (1) Subject to section 6, the Governor in Council may make regulations (a) respecting the fees or charges, or the method of calculating the fees or charges, to be paid for the provision, by the Regulator, of a service or product under this Act; (b) respecting the fees or charges, or the method of calculating the fees or charges, in respect of any of the Regulator’s activities under this Act or the Impact Assessment Act , that are to be paid by (i) a person who makes an application for an authorization under paragraph 142(1)(b) or subsection 142.011(1) or an application under subsection 143(2), or (ii) the holder of an operating licence issued under paragraph 142(1)(a) or an authorization issued under paragraph 142(1)(b) or subsection 142.011(1); and (c) respecting the refund of all or part of any fee or charge referred to in paragraph (a) or (b), or the method of calculating that refund. Amounts not to exceed cost (2) The amounts of the fees or charges referred to in paragraph (1)(a) shall not exceed the cost of providing the services or products. Amounts not to exceed cost (3) The amounts of the fees or charges referred to in paragraph (1)(b) shall not exceed the cost of the Regulator’s activities under this Act or the Impact Assessment Act . 2015, c. 4, s. 74 2024, c. 20, s. 122 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 30.2
Non-application of Service Fees Act 30.2 The Service Fees Act does not apply to any fees or charges payable in accordance with regulations made under section 30.1. 2015, c. 4, s. 74; 2017, c. 20, s. 454
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 30.3
Remittance of fees and charges 30.3 One half of the amounts of the fees and charges obtained in accordance with regulations made under section 30.1 shall be paid to the credit of the Receiver General and the other half shall be paid to the credit of Her Majesty in right of the Province, in the time and manner prescribed under those regulations. 2015, c. 4, s. 74
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 31
Regulator’s decisions final 31 Subject to this Act, the exercise of a power or the performance of a duty by the Regulator pursuant to this Act is final and not subject to the review or approval of either government or either Minister. 1988, c. 28, s. 31 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 32
Notice to Ministers of fundamental decisions 32 (1) Forthwith after making a fundamental decision, the Regulator shall give written notice of the decision to the Federal Minister and the Provincial Minister. Public notice of fundamental decisions (2) The Regulator shall cause a fundamental decision to be published (a) thirty days after receipt by both Ministers of a notice of the fundamental decision pursuant to subsection (1), or (b) when the fundamental decision is implemented, whichever occurs earlier. 1988, c. 28, s. 32 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 33
Suspension of implementation of fundamental decision 33 (1) Subject to subsection (2), a fundamental decision shall not be implemented (a) before the expiration of 30 days after receipt by both Ministers of a notice of the fundamental decision under subsection 32(1) and any further period during which the implementation of the decision is suspended under section 34 or during which, under section 35, the decision may be set aside, the setting aside may be overruled or a determination may be made by the Commission of the Canadian Energy Regulator; or (b) if the decision has been conclusively set aside. Exception where approval of both Ministers (2) A fundamental decision may be implemented before the expiration of the periods referred to in paragraph (1)(a) where the Regulator is advised, in writing, that both the Federal Minister and the Provincial Minister approve that decision. Decision to be implemented on expiration of delays (3) Where, on the expiration of the periods referred to in paragraph (1)(a), a fundamental decision of the Regulator has not been conclusively set aside, that decision shall be implemented forthwith by the Regulator. 1988, c. 28, s. 33 2019, c. 28, s. 153 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 34
Suspension rights 34 The Federal Minister or the Provincial Minister may, on giving written notice to the other Minister and the Regulator within thirty days after receipt of a notice of a fundamental decision pursuant to subsection 32(1), suspend the implementation of the decision during a period not exceeding sixty days after receipt of the notice of the decision pursuant to subsection 32(1). 1988, c. 28, s. 34 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 35
bsection (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 sections 36 and 37, security of supply , in respect of any period, means the anticipation of self-sufficiency during each of the five calendar years in that period, taking into account the aggregate during each such year of anticipated additions to producing capacity and anticipated adjustments to refining capacity; ( sécurité des approvisionnements ) self-sufficiency means a volume of suitable crude oil and equivalent substances available from Canadian hydrocarbon producing capacity that is adequate to supply the total feedstock requirements of Canadian refineries necessary to satisfy the total domestic refined product requirements of Canada, excluding those feedstock requirements necessary to produce specialty refined products; ( autosuffisance ) suitable crude oil and equivalent substances means those substances that are appropriate for processing in Canadian refineries and that are potentially deliverable to Canadian refineries. ( pétrole brut et substances assimilées acceptables ) 1988, c. 28, s. 35 2019, c. 28, s. 154 2019, c. 28, s. 155 2024, c. 20, s. 124(E) 2024, c. 20, s. 204 2024, c. 20, s. 205(E)
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8
security of supply , in respect of any period, means the anticipation of self-sufficiency during each of the five calendar years in that period, taking into account the aggregate during each such year of anticipated additions to producing capacity and anticipated adjustments to refining capacity; ( sécurité des approvisionnements )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8
self-sufficiency means a volume of suitable crude oil and equivalent substances available from Canadian hydrocarbon producing capacity that is adequate to supply the total feedstock requirements of Canadian refineries necessary to satisfy the total domestic refined product requirements of Canada, excluding those feedstock requirements necessary to produce specialty refined products; ( autosuffisance )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8
suitable crude oil and equivalent substances means those substances that are appropriate for processing in Canadian refineries and that are potentially deliverable to Canadian refineries. ( pétrole brut et substances assimilées acceptables )
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 36
Determination binding 36 (1) For all purposes of this Act, including section 35, where a determination whether security of supply exists is made by both Ministers or by a panel pursuant to section 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) In respect of the period commencing on January 1, 1986 and terminating on December 31, 1990, a determination shall be deemed to have been made, for all purposes of this Act, including section 35, that security of supply does not exist. Subsequent periods (3) 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–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 37
Where no agreement on determination re security of supply 37 (1) Where the two Ministers fail to agree on a determination whether security of supply exists in respect of any period, the determination shall be made by a panel, constituted in accordance with section 47, within sixty days after the appointment of the chairperson of the panel unless, at any time prior to the determination by the panel, the two Ministers agree on the determination. Determination not subject to review (2) Where a determination referred to in subsection (1) is made by a panel pursuant to that subsection, that determination is final and binding and is not subject to appeal to, or review or setting aside by, any Minister, government, court or other body. 1988, c. 28, s. 37; 2014, c. 13, s. 91(E)
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 38
Supply shortfall 38 (1) Notwithstanding any other provision of this Act, nothing in this Act limits the powers of the Government of Canada in the event of a sudden domestic or import supply shortfall of suitable crude oil and equivalent substances or with respect to any other energy emergency. 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 authorized 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. 1988, c. 28, s. 38 2024, c. 20, s. 204
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 38.1
Regulator’s recommendation 38.1 (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. 125
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 38.2
Publication 38.2 The Regulator shall publish in the Canada Gazette any notice of decision referred to in subsection 38.1(2), unless the decision is to reject an offshore renewable energy recommendation to make a call for bids. 2024, c. 20, s. 125
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 38.3
Implementation of Ministers’ approval 38.3 The Regulator shall only exercise a power or perform a duty subject to this section and sections 38.1 and 38.2 if it has been the subject of an offshore renewable energy recommendation that was approved by both Ministers 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 38.1(2). 2024, c. 20, s. 125
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 40
Definition of Nova Scotia trunkline 40 (1) In this section, Nova Scotia trunkline means a trunkline for the transmission of petroleum in the offshore area or from the offshore area to and within the Province, and includes all tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio, and real and personal property connected therewith that are located within the Province or the offshore area, but does not include laterals, gathering lines, flow lines, structures, or facilities for the production and processing of petroleum. Certificate (2) No certificate shall be issued under Part 3 of the Canadian Energy Regulator Act in respect of a Nova Scotia trunkline, unless the Commission of the Canadian Energy Regulator is satisfied that the Government of Nova Scotia has been given a reasonable opportunity to acquire on a commercial basis at least 50%, or any lesser percentage that the Government proposes to acquire as a result of the opportunity, ownership interest in the trunkline. Authorization (3) Where a certificate referred to in subsection (2) is not required in respect of a Nova Scotia trunkline, no authorization shall be issued under paragraph 142(1)(b) in respect of that trunkline, unless the Regulator is satisfied that the Government of Nova Scotia has been given a reasonable opportunity to acquire on a commercial basis at least fifty per cent, or such lesser percentage as the Government proposes to acquire as a result of the opportunity, ownership interest in the trunkline. 1988, c. 28, s. 40 2019, c. 28, s. 156 2024, c. 20, s. 205(E)