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Part II .

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Deep Panuke Project Regulations

made under Sections 4, 5, 6 and 40 of the

Pipeline Act

R.S.N.S. 1989, c. 345

and

Section 12 of the

Energy Resources Conservation Act

R.S.N.S. 1989, c. 147

O.I.C. 2006-455 (October 27, 2006), N.S. Reg. 202/2006

The Governor in Council on the report and recommendation of the Minister of Energy dated

October 13, 2006, pursuant to Sections 4, 5, 6 and 40 of

Chapter 345 of the Revised Statutes of

Nova Scotia, 1989, the Pipeline Act , and

Section 12 of

Chapter 147 of the Revised Statutes of

Nova Scotia, 1989, the Energy Resources Conservation Act , is pleased, effective October 27,

2006, to

(

a) withdraw from the application of the Pipeline Act or the regulations such Nova

Scotia lands located in Nova Scotia and the Nova Scotia offshore area which

may be required for any sales gas subsea pipeline from the Deep Panuke

Project offshore production facility to connect to an onshore pipeline or other

onshore facility or tie-in connection to the Sable Offshore Energy Project

subsea pipeline, which subsea pipeline is regulated by the National Energy

Board and the Canada-Nova Scotia Offshore Petroleum Board, subject to the

purposes and conditions set out in the Order;

(

b) order that effective October 27, 2006, and for so long thereafter as any subsea

pipeline required for the Deep Panuke Project remains in place, the National

Energy Board Act (Canada) and any regulations made thereunder are

applicable to the Nova Scotia lands withdrawn under clause (

a) and such

enactment shall have the same force and effect as if enacted by the Legislature;

(

c) order that effective October 27, 2006, and for so long thereafter as any subsea

pipeline required for the Deep Panuke Project remains in place, the National

Energy Board established by the National Energy Board Act (Canada) be

granted jurisdiction over the regulation of any subsea pipeline on Nova Scotia

lands withdrawn under clause (a), the said National Energy Board to have the

same force and effect as if established by the Legislature;

Canada and other parties in the form set forth in

Schedule “A” attached to and

forming part of the Report and Recommendation, respecting the administration

of Nova Scotia lands withdrawn under clause (a);

(

e) order that the agreement under clause (

d) shall have the same force and effect

as if enacted by the Legislature and any board, agency or person referred to in

the agreement shall be empowered to do all things necessary to effect the

agreement; and

(

f) authorize the Minister of Energy to sign the agreement referred to in clause (

d) or one to like effect.