GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 90
Calls for bids 90 (1) Subject to section 94 , 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 96 ; 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 91 (1). Ministerial decision (2) The making of a call for bids for the issuance of a submerged land licence is subject to sections 40.1 to 40.3. Contents of call (3) The call for bids shall specify (a) the submerged land 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. 1987, c. 3, s. 90; 1993, c. 47, s. 8 2024, c. 20, s. 38
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 91
Selection of bid 91 (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 96 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 88 respecting all bids selected in accordance with subsection (1). 1987, c. 3, s. 91; 1993, c. 47, s. 8 2024, c. 20, s. 38
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 92
Issuance of licence not required 92 (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 — issued licence (3) The Regulator shall publish a notice in accordance with section 96 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. 1987, c. 3, s. 92; 1993, c. 47, s. 8 2024, c. 20, s. 38
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 93
New call for bids required 93 Subject to section 94 , 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. 1987, c. 3, s. 93; 1993, c. 47, s. 8 2024, c. 20, s. 38
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 94
Exception to call for bids — offshore renewable energy 94 (1) Subject to sections 40.1 to 40.3, 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 96 setting out the terms and conditions of the proposed licence. 1987, c. 3, s. 94; 1993, c. 47, s. 8 2024, c. 20, s. 38
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 95
Failure to comply with call procedures 95 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 90 to 94 respecting the form and content of, and time and manner of publishing, any notice required by those sections in relation to that licence. 1987, c. 3, s. 95; 1993, c. 47, s. 8 2024, c. 20, s. 38
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 96
Manner of publication of notices 96 Any notice required to be published by the Regulator under subsection 90 (1), 91 (2), 92 (3), 94 (3) or 96.3 (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. 1987, c. 3, s. 96; 1993, c. 47, s. 8 2024, c. 20, s. 38
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 96.1
Regulations 96.1 Subject to section 7, the Governor in Council may, for the purposes of section 90 , 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. 38
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 96.2
Terms and conditions 96.2 (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 40.1 to 40.3, and the interest owner of the licence. Regulations (2) Subject to section 7, 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. 38
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 96.3
Amendment of licence 96.3 (1) Subject to sections 40.1 to 40.3, 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 94 (1) and a notice has been published in accordance with section 96 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 40.1 to 40.3, 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. 38
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 96.4
Effective date of licence 96.4 (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. 38
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 96.5
Qualification for submerged land licence 96.5 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. 38
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 96.6
Principles 96.6 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. 38
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 97
Definition of Petroleum and Natural Gas Act 97 (1) In this Division, Petroleum and Natural Gas Act means Part II of the Petroleum and Natural Gas Act , R.S.N.L. 1990, c. P-10, as amended from time to time. Royalties (2) There is reserved to His Majesty in right of Canada, and each holder of a share in a production licence is liable for and shall pay to His Majesty in right of Canada, in accordance with subsection (4), the royalties, interest and penalties that would be payable in respect of petroleum under the Petroleum and Natural Gas Act if the petroleum were produced from areas within the Province. Exception (3) Notwithstanding subsection (2), where petroleum is subject to a royalty under the Petroleum and Natural Gas Act, that petroleum is not subject to a royalty under subsection (2). Application of Newfoundland and Labrador legislation (4) Subject to this Act and the regulations, the Petroleum and Natural Gas Act and the regulations referred to in subsection (4.1) apply, with any modifications that the circumstances require, for the purposes of this section and, without limiting the generality of the foregoing, (a) a reference in that Act to Her Majesty in Right of the province is to be read as a reference to Her Majesty in right of Canada; and (b) a reference in that Act to the province is to be read as a reference to the offshore area. Application of Newfoundland and Labrador regulations (4.1) The following regulations apply for the purposes of subsection (4): (a) any regulations made under the Petroleum and Natural Gas Act; and (b) any regulations made under an Act that was replaced by the Petroleum and Natural Gas Act, to the extent that those regulations remain in force in accordance with the laws of the Province and are not inconsistent with the Petroleum and Natural Gas Act. No Crown share (5) No provision of the Petroleum and Natural Gas Act or any regulation made under that Act shall apply so as to reserve to His Majesty a Crown share in any petroleum-related interest issued in respect of any portion of the offshore area. 1987, c. 3, s. 97; 1988, c. 28, s. 257(F); 2014, c. 13, s. 17 2024, c. 20, s. 40
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 97.1
Revenues reserved 97.1 (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 any Act of the Province and any regulations made under that Act in respect of any offshore renewable energy project as if that project were carried out within the Province. Application of Newfoundland and Labrador legislation (2) Subject to this Act and the regulations, any Act and regulations referred to in subsection (1) 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 any Act or regulations referred to in subsection (1) 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 123(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 any Act or regulations referred to in subsection (1) 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. 41
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 98
d those regulations, 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 97 or the revenues, interest, penalties or other sums payable by a person under section 97.1, 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 that payment; and (b) shall be deemed to have been applied in accordance with a direction made by that person. 1987, c. 3, s. 98; 1988, c. 28, s. 258(F); 2014, c. 13, s. 18(F) 2024, c. 20, s. 42
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 99
Remittance to Receiver General 99 (1) All royalties, interests and penalties payable under section 97 and all revenues, interest and penalties payable under section 97.1, 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 . 1987, c. 3, s. 99; 2015, c. 4, s. 44(F) 2024, c. 20, s. 43
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 100
Debts due to His Majesty 100 All royalties, interest and penalties payable under section 97 and all revenues, interest and penalties payable under section 97.1 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. 1987, c. 3, s. 100 2024, c. 20, s. 43
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 101
Fund continued 101 (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 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 at the same time the report or recommendation is submitted to the Federal Minister. 1987, c. 3, s. 101 2024, c. 20, s. 44 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
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–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
court means the Supreme Court of Newfoundland and Labrador and includes any of its judges; ( tribunal )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
Deputy Registrar means such person as the Regulator may designate as the Deputy Registrar for the purposes of this Division; ( directeur adjoint )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
discharge means a notice of the discharge of a security notice or postponement and includes a partial discharge; ( mainlevée )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
instrument means a discharge, postponement, security notice, transfer or an assignment of a security interest; ( acte )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 (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–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
postponement means a document evidencing the postponement of a security notice or operator’s lien; ( cession de priorité )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
Registrar means such person as the Regulator may designate as the Registrar for the purposes of this Division; ( directeur )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
secured party means the person claiming a security interest under a security notice; ( partie garantie )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 (a)
security interest means any charge on or right in relation to an interest or a share in an interest that, pursuant to a written agreement, secures any payment or performance of an obligation, including (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–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
security notice means a notice of a security interest; ( Version anglaise seulement )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
transfer means a transfer of an interest or a share in an interest. ( transfert )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 103
Notice of disposition of any interest 103 (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. 1987, c. 3, s. 103 2024, c. 20, s. 46