Third

Session, 48th General Assembly

Elizabeth II, 2018

BILL 41

AN ACT TO AMEND THE

CANADA-NEWFOUNDLAND AND LABRADOR ATLANTIC ACCORD IMPLEMENTATION NEWFOUNDLAND AND LABRADOR

ACT

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE SIOBHAN

COADY

Minister of Natural

Resources

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Canada-Newfoundland and Labrador Atlantic

Accord Implementation Newfoundland and Labrador Act to

allow the Management of Greenhouse Gas Act

to apply within the offshore area; and

confer powers and impose duties

and functions under the Management of

Greenhouse Gas Act on the Canada-Newfoundland and Labrador Offshore Petroleum

Board.

A BILL

AN ACT TO AMEND THE CANADA-NEWFOUNDLAND AND

LABRADOR ATLANTIC ACCORD IMPLEMENTATION NEWFOUNDLAND

AND LABRADOR ACT

Analysis

S.29.2 R&S

Remittance of fees and charges

2. Ss.159.1 & 159.2 Added

159.1 Management of Greenhouse Gas Act

159.2 Powers, duties and functions of

board

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cC-2

as amended

Section 29.2 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation

Newfoundland and Labrador Act is repealed and the following substituted:

Remittance of

fees and charges

29.2

(1) One half of the amounts of the fees and charges obtained in accordance with

regulations made under

section 29.1 shall be paid to the Consolidated Revenue

Fund in the prescribed time and manner.

(2) Notwithstanding subsection (1), where the

amounts referred to in subsection (1) are related to the powers, duties or

functions of the board referred to in subsection 159.2(1), those amounts shall

be paid in their entirety to the Consolidated Revenue Fund.

2. The Act is amended by adding immediately after

section 159 the following:

Management of

Greenhouse Gas Act

159.1

(1) The Management of Greenhouse Gas Act

applies, with the modifications that the circumstances require, to a work or

activity authorized under this Part that is carried out within the offshore

area.

(2) Notwithstanding subsection (1), where the Management of Greenhouse Gas Act is

amended and imposes a tax, that tax shall not apply to a work or activity

authorized under this Part that is carried out within the offshore area.

(3) Where a power is conferred or a duty or

function is imposed on the board under the Management

of Greenhouse Gas Act , the exercise of the power or the performance of the

duty or function is subject to review by, or appeal to, the courts of the province

in the same manner and to the same extent as if the laws of the province

applied.

Powers, duties

and functions of board

159.2

(1) The

board may, under an agreement with the minister responsible for the Management of Greenhouse Gas Act or in

accordance with the Management of

Greenhouse Gas Act , exercise any power or perform any duty or function set

out in that agreement or that Act to ensure the administration and enforcement of

that Act within the offshore area.

(2) In exercising its power and performing its

duties and functions under subsection (1), the board may obtain from the

minister responsible for the Management

of Greenhouse Gas Act and disclose to that minister any information

relevant to the administration of the Management

of Greenhouse Gas Act .

Commencement

3. This Act comes into force on the day the Budget Implementation Act, 2018 No.2 ( Canada ) comes into force with respect to the

amendments to the Canada-Newfoundland and

Labrador Atlantic Accord Implementation Act ( Canada ).

Queen's Printer