Bill 2590 — An Act To Amend the Canada-newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act (50th General Assembly, 2nd Session)
Bill 2590
Newfoundland and Labrador — Bills
Second
Session, 50th General Assembly
Charles III, 2025
BILL 90
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 ANDREW
PARSONS, K.C.
Minister of Industry,
Energy and Technology
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
change the
long title of the
Act to
An Act to implement an agreement
Labrador on offshore petroleum resource management and revenue sharing and to
provide for the joint management of offshore renewable energy by those Governments ;
change the
short title of the
Act to the Canada - Newfoundland and Labrador Atlantic Accord
Implementation and Offshore Renewable Energy Management Newfoundland and
Labrador Act ;
change the name of the Canada - Newfoundland and Labrador Offshore Petroleum
Board to the Canada - Newfoundland and
Labrador Offshore Energy Regulator;
establish the Canada - Newfoundland and Labrador Offshore Energy
Regulator as the regulating body for offshore renewable energy projects;
establish a land tenure regime
for the issuance of submerged land licences to carry out offshore renewable
energy projects;
establish a ministerial
decision-making process respecting the issuance of submerged land licences and exercise
of certain powers or performance of certain duties by the Canada - Newfoundland and Labrador Offshore Energy Regulator;
expand the application of the
safety and environmental protection regime and its enforcement powers to
include offshore renewable energy projects;
provide the Lieutenant-Governor
in Council with the authority to make regulations prohibiting the commencement
or continuation of petroleum resource or renewable energy activities, or the
issuance of interests, in respect of a portion of the offshore area that is
located in an area that has been or may be identified as an area for
environmental or wildlife conservation or protection;
authorize negotiations for the
surrender of an interest, the cancellation of an interest if negotiations fail
and the granting of compensation to an interest owner for the surrender or
cancellation of an interest;
establish a regulatory and
liability regime for abandoned facilities relating to petroleum-related works
or activities or offshore renewable energy projects;
expand the application of the
occupational health and safety regime to offshore renewable energy projects;
allow the federal or provincial
government to unilaterally fund certain expenses incurred by the Canada-Newfoundland
and Labrador Offshore Energy Regulator as a result of specific requests made by
that government;
allow new methods to
demonstrate the existence of significant hydrocarbon accumulations in a
geological feature and limit the duration of future significant discovery
licences to 25 years;
provide the Lieutenant-Governor
in Council with the authority to make regulations to regulate access to
offshore infrastructure, including to enforce tolls and tariffs;
establish a new transboundary
hydrocarbon management regime to regulate fields or pools that straddle
domestic and international administrative boundaries, enabling the
implementation of the Canada-France transboundary fields agreement;
remove references to the former
Canadian Environmental Assessment Act, 2012 and, to align with the Impact
Assessment Act (Canada), clarify the role of the federal and provincial ministers
and the Canada - Newfoundland and
Labrador Offshore Energy Regulator with respect to the conduct of impact
assessments of designated projects as well as regional and strategic assessments;
specify that the Crown may rely
on the Canada - Newfoundland and Labrador
Offshore Energy Regulator for the purpose of consulting with Indigenous peoples
of Canada and that the regulator may accommodate adverse impacts to existing
Aboriginal and treaty rights recognized and affirmed by
section 35 of the Constitution
Act, 1982 ;
replace the numbers
"1", "1 st " and "1/2" with the words
"one"; "first" and "one half", respectively;
update statutory references;
incorporate gender-neutral
language; and
make consequential and
terminological amendments to other Acts.
A BILL
AN ACT TO AMEND THE CANADA-NEWFOUNDLAND
AND LABRADOR ATLANTIC ACCORD IMPLEMENTATION NEWFOUNDLAND AND LABRADOR ACT
Analysis
Long title R&S
S.1 R&S
Short title
S.2 Amdt.
Definitions
S. 2.1 Added
Regulations re offshore renewable energy project
S.5 R&S
Regulations re offshore area
S.6 Amdt.
Disputes between neighbouring provinces
S. 7 Amdt.
Approval of federal minister before making of regulations
S.7.1 Added
Non-application of Atlantic Accord
S.8 Amdt.
Application
S.9 Amdt.
Jointly established regulator
S.10 Amdt.
Members of regulator
S.11 Amdt.
Qualifications of members
S.12 Amdt.
Consultation and appointment of chairperson
S.13 Amdt.
S.14 Amdt.
Absence or incapacity of chairperson
S.15 Amdt.
Term of office
S.16 Amdt.
Conflict of interest and insurance
S.17 Amdt.
Functions of regulator
S.17.1 Added
Consultation with Indigenous peoples of Canada
S.18 Amdt.
Access to information by governments
S.19 R&S
Meetings of regulator
S.20 Amdt.
Quorum and majority vote
S.21 Amdt.
Location of offices and staff
S.22 R&S
Storage of information
S.23 Amdt.
By-laws and guidelines
S.24 Amdt.
Chief executive officer
S.25 Amdt.
Staff of regulator
S.26 Amdt.
Auditor
S.26.1 Amdt.
Audit and evaluation committee
S.27 Amdt.
Budget and appropriation
S.28 Amdt.
Access to books and accounts
S.29 Amdt.
Annual report
S.29.1 Amdt.
Regulations
S.29.2 Amdt.
Remittance of fees and charges
S.30 R&S
Regulator's decision final
S.31 Amdt.
Notice of fundamental decisions and advice by ministers
S.32 Amdt.
Conditions for implementation
S.35 Amdt.
Determination binding
S.36 Amdt.
Where no agreement on determinations re self-sufficiency
S.37 Amdt.
Determination of unreason-able delay
S.39 Amdt.
Suspensive vetoes
S.40 Amdt.
Supply shortfall
Ss.40.1 to 40.3 Added
40.1 Regulator's recommendation
40.2 Publication
40.3 Implementation
of ministers' approval
S.41 Amdt.
Regional security of supply
S.42 Amdt.
Ministerial directives
S.43 Amdt.
Plan for interest
S.44 Amdt.
Public review
S.44.1 R&S
Public hearing
S.44.2 Amdt.
Confidentiality
S.44.3 Amdt.
Confidentiality - security
S.44.4 Amdt.
Exception
S.45 Amdt.
Canada-Newfoundland and Labrador benefits plan
S.46 Amdt.
Coordination
Part II Heading R&S
PART II
PETROLEUM AND OFFSHORE RENEWABLE ENERGY RESOURCES
S.47 Amdt.
Interpretation
S.50 Amdt.
Delegation
S.51 Amdt.
Advisory bodies
S.52 Amdt.
Representatives
S.53 Amdt.
Prohibition orders issuance of interests
S.55 Amdt.
Prohibition orders activities
Ss.55.1 to 55.5 Added
55.1 Prohibitions
regulations
55.2 Negotiations
for compensation federal minister
55.3 Compensation
surrender
55.4 Negotiations
for compensation provincial minister
55.5 Compensation
surrender or cancellation
Part II Division Heading II R&S
DIVISION II
GENERAL RULES RELATING TO ISSUING PETROLEUM-RELATED INTERESTS
S.56 R&S
Authority to issue petroleum-related interests
S.57 Amdt.
Call for bids petroleum related interests
S.58 R&S
Selection of bids and publication
S.59 R&S
Issuing of interest not required
S.60 Amdt.
Exception to call for bids - petroleum
S.61 Amdt.
Interest not vitiated
S.62 Amdt.
Manner of publication of notices
S.66 Amdt.
Terms, conditions and regulations
S.67 Amdt.
Amendment and consolidation of exploration licence
S.69 Amdt.
Continuation of exploration licence where drilling started
S.70 Amdt.
Declaration of significant discovery
S.72 Amdt.
Significant discovery licence in relation to lands subject to exploration
licences
S.74 Amdt.
Term of licences
S.75 Amdt.
Drilling orders
S.76 Amdt.
Information may be disclosed
S.77 Amdt.
Application for declaration of commercial discovery
S.78 Amdt.
Order to reduce term of interest
S.79 Amdt.
Rights under production licence
S.80 Amdt.
Issuing of production licence
S.81 Amdt.
Consolidation of production licences
S.83 Amdt.
Term of production licence
S.85 Amdt.
Licence for subsurface storage
Part II Division IV.1 Added
DIVISION
IV.1
GENERAL RULES RELATING TO ISSUANCE OF SUBMERGED LAND LICENCES
86.1 Authority
to issue submerged land licences
86.2 Rights
under submerged land licences
86.3 Call
for bids submerged land licence
86.4 Selection
of bid
86.5 Issuance
of licence not required
86.6 New
call for bids required
86.7 Exception
to call for bids offshore renewable energy
86.8 Interest
not vitiated
86.9 Manner
of publication of notices
86.10 Regulations
86.11 Terms,
conditions and regulations
86.12 Amendment
and consolidation of submerged land licence
86.13 Effective
date of submerged land licence
86.14 Qualification
for submerged land licence
86.15 Principles
S.96 Amdt.
Fund continued and rates approved by regulator
S.97 Amdt.
Interpretation
S.98 R&S.
Notice of disposition of an interest
S.112 Amdt.
No restriction on rights
S.114 Amdt.
Regulations
S.115 Amdt.
Interpretation
S.115.1 Amdt.
Notice of disclosure
S.117 Amdt.
Operating agreements
S.119 Amdt.
Notice to comply
S.120 Amdt.
Oil and Gas Committee
S.121 Amdt.
Regulations
S.122 Amdt.
Forms
S.124 Amdt.
Replacement of rights
S.126 Amdt.
Former permits, former special renewal permits and former exploration
agreements
S.127 Amdt.
Former leases
S.128 Amdt.
Extension of time
S.129 Amdt.
Consolidated exploration agreement
S.130.1 Added
Transitional
Part III Heading R&S
PART
III
PETROLEUM AND OFFSHORE RENEWABLE ENERGY OPERATIONS
S.131.1 R&S
Purpose
S.132 R&S
Application
S.132.1 Amdt.
Designation
S.133.01 Added
Prohibition offshore renewable energy
S.133.1 R&S
Delegation of regulator's authority
S.134 Amdt.
Petroleum operating licences and authorizations
S.134.01 Added
Offshore renewable energy authorizations
Ss.134.1 to 134.6 R&S
134.1 Impact
assessment
134.2 Access
to information by Impact Assessment Agency
134.3 Access
to information by Impact Assessment Agency or review panel
134.4 Comments
for Impact Assessment Agency - conditions
134.5 Federal
authority's obligation
134.6 Access
to information by authority
134.7 Regional
Assessments
134.8 Strategic
assessments
134.9 Access
to information by Impact Assessment Agency or committee
134.10 Comments
for Minister of the Environment of Canada
134.11 Participant
funding program
134.12 Right
of entry
134.13 Safety
134.14 Spill-treating
agent
134.15 Compliance
with certain provisions
S.135 Amdt.
Approval of approach
S.135.1 R&S
Declaration by applicant or holder of authorization
S.135.2 Amdt.
Petroleum-related certificate
S.136 Amdt.
Designation
S.137 Amdt.
Oil and Gas Committee
S.138 Amdt.
Qualification of members
S.140 Amdt.
Quorum and powers of committee
S.143 Amdt.
Advisory functions
S.144 Amdt.
Enforcement of committee orders
Part III Division I Heading
R&S
DIVISION I
REGULATION
OF OPERATIONS PETROLEUM
123. S.145 Amdt.
Regulatory power
S.147 Amdt.
Guidelines and
interpretation notes
S.149 Amdt.
Waste prohibited
S.151 Amdt.
Giving effect to order
S.156 Amdt.
Spills prohibited
S.157 Amdt.
Recovery of loss, etc.
S.157.1 Amdt.
Proof of financial resources
S.158 Amdt.
Financial responsibility
S.158.1 Amdt.
Lesser amount
S.159.1 Amdt.
Management of Greenhouse Gas Act
S.159.2 Amdt.
Powers, duties and functions of regulator
S.160 Amdt.
Fishermen's compensation
S.161 Amdt.
Inquiries
Part III Division II Heading R&S
DIVISION
PETROLEUM
PRODUCTION ARRANGEMENTS
S.162 Amdt.
Definitions
S.163 Amdt.
Voluntary pooling
S.164 Amdt.
Pooling order
S.168 Amdt.
Unitization
S.170 Amdt.
Who may apply for unitization order
S.171 Amdt.
Contents of unitization application
S.172 Amdt.
Hearing on application
S.173 Amdt.
Effective date of unitization order
S.175 Amdt.
Amending the order
Ss. 179.1 to 179.30 Added
179.1 Transboundary
pools information
179.2 Notice
pools
179.3 Information
received by regulator
179.4 Determination
and delineation
179.5 Single
pool
179.6 Joint
exploitation agreement
179.7 Intention
to start production
179.8 Unit
agreement and unit operating agreement
179.9 Order to enter into agreements
179.10 Application
for unitization order transboundary pool
179.11 Hearing
179.12 Unitization
order
179.13 Amending
unitization order
179.14 Protection
of tract participation ratios
179.15 Determination
percentages of interests
179.16 Referral
to expert
DIVISION II.1
REGULATION
OF OPERATIONS OFFSHORE RENEWABLE ENERGY
179.17
Definitions
179.18 Debris
prohibited
179.19 Recovery
of loss, damage, costs or expense
179.20 Financial
resources
179.21 Proof
of financial responsibility
179.22 Review committee
179.23 Inquiries
179.24 Reasonable
care
179.25 Regulations
179.26 Equivalent
standards and exemptions
179.27 Guidelines
and
interpretation notes
DIVISION II.2
SAFETY AND
PROTECTION OF PERSONS, PROPERTY AND THE ENVIRONMENT
179.28 Orders
179.29 Regulations
179.30 Abandoned
facilities
S.181 Amdt.
Stated case for Supreme Court
S.182 R&S
Regulator may review orders of committee
S.183 Amdt.
Appeal to Supreme Court
S.184 Amdt.
Officers
S.185 Amdt.
Powers of officers
S.186 Amdt.
Certificate to be produced
S.188 Amdt.
Obstruction of officers
S.189 Amdt.
Powers of operational safety officer
Part III Heading R&S
INSTALLATION AND FACILITY MANAGER
S.189.3 Added
Facility manager
S.190 Amdt.
Offences
S.190.6 Amdt.
Recovery of fines and amounts
S.192 Amdt.
Order of court
160. S.192.1 Amdt.
Variation of sanctions
S.192.3 Amdt.
Recovery of fines and amounts
S.193 Amdt.
Continuing offences
S.198 Amdt.
Action to enjoin not prejudiced by prosecution
S.198.3 Amdt.
Powers
S.198.7 Amdt.
Issuance and service of notice of violation
S.198.12 Amdt.
Right to request review
S.198.13 Amdt.
Correction or cancellation of notice of violation
S.198.14 Amdt.
Review
S.198.15 Amdt.
Object of review
S.198.19 Amdt.
Debt due the Crown
S.198.20 Amdt.
Certificate
S.198.22 Amdt.
Publication
S.201 Amdt.
Operating licences, authorizing, etc.
S.201.1 Amdt.
Interpretation
S.201.3 Amdt.
Application
S.201.4 Amdt.
Application of Newfoundland and Labrador social legislation
S.201.5 Amdt.
Application of Labour Relations Act
S.201.6 Amdt.
Purpose
S.201.10 Amdt.
Specific duties of operator workplace
S.201.14 Amdt.
Accidents and occupational diseases
S.201.16 Amdt.
Specific duties of employers
S.201.21 Amdt.
Supervisor's duty to take reasonable measures
S.201.22 Amdt.
Specific duties of supervisor
S.201.23 Amdt.
Employee's duty to take reasonable measures
185. S.201.24 Amdt.
Specific duties of employee - workplace
S.201.25 Amdt.
Specific duties of employee - passenger craft
S.201.31 Amdt.
Duty of owner
S.201.34 Amdt.
Communication of information - operator
S.201.35 Amdt.
Communication of information - employer
S.201.40 Amdt.
Establishment, functions and duties of workplace committee
S.201.41 Amdt.
Workplace committee
S.201.42 Amdt.
Occupational health and safety coordinator
S.201.45 Amdt.
Workplace monitoring
S.201.46 Amdt.
Reporting of occupational health and safety concerns
S.201.47 Amdt.
Right to refuse
S.201.48 Amdt.
Opportunity to explain reasons for refusal
S.201.49 Amdt.
Assignment of equivalent work
S.201.50 Amdt.
Compensation or equivalent work for other employees
S.201.51 Amdt.
Refusal to be transported
S.201.52 Amdt.
Assignment of equivalent work
S.201.56 Amdt.
Reprisal action
S.201.57 Amdt.
Application by employee
S.201.60 Amdt.
Application by employer or provider of services
S.201.63 Amdt.
Activities of regulator
S.201.64 Amdt.
Guidelines and
interpretation notes
S.201.65 R&S
Application for an authorization
S.201.66 Amdt.
Substitutions-workplace
S.201.67 Amdt.
Substitutions-passenger craft
S.201.68 Amdt.
Occupational health and safety officers
S.201.69 Amdt.
Special officers
S.201.70 Amdt.
Powers of occupational health and safety officers
S.201.73 Amdt.
Assistance to officers
S.201.74 Amdt.
False statements of information
S.201.75 Amdt.
Obstruction
S.201.76 Amdt.
Accompaniment of health and safety officer
S.201.80 Amdt
Provision of information
S.201.83 Amdt.
Non-disclosure of trade secrets and information on
hazardous products and material
218. S.201.84 Amdt.
Disclosure of information
219. S.201.85 Amdt.
Access to information by governments
S.201.86 R&S
Disclosure by regulator
S.201.87 Amdt.
Privilege
S.201.88 Amdt.
Protection from liability
S.201.89 Amdt.
Order to terminate contravention
S.201.90 Amdt.
Dangerous situation order
S.201.91 Amdt.
Copy of order
S.201.92 Amdt.
Compliance notice
S.201.95 Amdt.
Review of occupational health and safety officer's decision
S.201.96 Amdt.
Review by chief safety officer
S.201.97 Amdt.
Appeal to labour relations board
S.201.98 Amdt.
Compensation of employees
S.201.99 Amdt.
Enforcement of orders
S.201.100 Amdt.
Offences
S.201.103 Amdt.
Orders of court
S.201.106 Amdt.
Recovery of fines and amounts
S.201.112 Amdt.
Action to enjoin not prejudiced by prosecution
S.201.114 Amdt.
Advisory council
S.201.115 Amdt.
Auditor
S.201.116 Amdt.
Inquiries
239. 201.119 Amdt.
Electronic document
Transitional
SNL2015 cA-1.2 Amdt.
RSNL1990 cG-6 Amdt.
SNL2016 cI-2.1 Amdt.
RSNL1990 cL-1 Amdt.
SNL2016 cM-1.001 Amdt.
RSNL1990 cO-6 Amdt.
SNL2014 cO-9 Amdt.
RSNL1990 cP-10 Amdt.
RSNL1990 cP-43 Amdt.
SNL2005 cS-16.2 Amdt.
SNL2022 cW-11.1 Amdt.
252. CNLR 752/96 Amdt.
253. NLR 116/18 Amdt.
254. NLR 14/17 Amdt.
255. NLR 79/21 Amdt.
256. CNLR 738/96 Amdt.
257. CNLR 2/96 Amdt.
258. NLR 5/16 Amdt.
259. NLR 6/16 Amdt.
260. NLR 7/16 Amdt.
261. NLR 37/17 Amdt.
262. NLR 18/24 Amdt.
263. NLR 71/03 Amdt.
Commencement
Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows:
RSNL1990 cC-2
as amended
1. The
long title of the Canada-Newfoundland and Labrador Atlantic Accord
Implementation Newfoundland and Labrador Act is repealed and the following substituted:
An Act to
Newfoundland and Labrador on offshore petroleum resource management and revenue
sharing and to provide for the joint management of offshore renewable energy by
those Governments
Section 1 of the Act
is repealed and the following substituted:
Short title
1. This Act may be cited as the Canada-Newfoundland and
Labrador Atlantic Accord Implementation and Offshore Renewable Energy
Management Newfoundland and Labrador Act .
(1) Section 2 of the Act is amended by adding
immediately before paragraph (
a) the following:
(a.01) "abandoned facility" means a
pipeline, as defined in paragraph 131(e), installation, facility, equipment or
system that has been abandoned in accordance with an authorization issued under
Part III;
(2) Paragraph 2(
b) of the Act is repealed.
(3) Paragraph 2(
d) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(4) Paragraph 2(
f) of the Act is repealed and the
following substituted:
(f) "federal
Act" means the Canada-Newfoundland and Labrador Atlantic Accord
Implementation and Offshore Renewable Energy Management Act ;
(5) Subparagraph 2( i )(
i) of the Act is amended by deleting the number
"1" and substituting the word "one".
(6) Paragraph 2(
k) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(7) Section 2 of the Act is amended by adding
immediately after paragraph (
m) the following:
(m.1) "Indigenous peoples of Canada" has
the meaning assigned by the definition of aboriginal peoples of Canada in
subsection 35(2) of the Constitution Act,
1982 ;
(8) Paragraph 2(
o) of the Act is repealed and the
following substituted:
(o) "offshore area" means
(
i) in the case of
petroleum, those submarine areas lying seaward of the low water mark of the province
and extending, at any point, as far as
(
A) a prescribed line, or
(
B) where no line is prescribed at that location,
the outer edge of the continental margin or a distance of 200
nautical miles from the baselines from which the breadth of the territorial sea
of Canada is measured, whichever is the greater, and
(ii) in the case of offshore renewable energy, the
areas referred to in subparagraph (
i) that are not
within the province;
(9) Section 2 of the Act is amended by adding
immediately after paragraph (
o) the following:
(o.1) "offshore renewable energy project"
means any of the following works and activities:
(
i) research or
assessment conducted in relation to the exploitation or potential exploitation
of a renewable resource to produce an energy product, unless it is conducted by
or on behalf of a government or educational institution,
(ii) exploitation of a renewable resource to
produce an energy product,
(iii) storage of an energy product produced from a
renewable resource, and
(iv) transmission of an energy product produced
from a renewable resource;
(o.2) "offshore renewable energy
recommendation" means a recommendation made by the regulator respecting
the exercise of a power or the performance of a duty under this Act that
expressly provides for the exercise of the power or the performance of the duty
subject to sections 40.1 to 40.3;
(10) Section 2 of the Act is amended by deleting
the word "and" at the end of paragraph (
t) and adding immediately
after paragraph (
t) the following:
(t.1) "regulator" means the Canada-Newfoundland
and Labrador Offshore Energy Regulator referred to in
section 9; and
4. The Act is amended by adding immediately after
section 2 the following:
Regulations re offshore renewable energy project
2.1 Subject to
section
7, t he Lieutenant-Governor in Council may make regulations amending the
definition of offshore renewable energy project to add or remove a work or
activity related to renewable energy that is carried out in the offshore area.
Section 5 of the Act is repealed and the
following substituted:
Regulations re
offshore area
(1) Subject to
section 7, the Lieutenant- Governor in Council may make regulations
(
a) prescribing lines
enclosing areas adjacent to the province for the purpose of clause 2(o)( i )(A); or
(
b) amending subparagraph 2(o)(ii).
(2) The provincial
minister may issue charts setting out the offshore area or a portion of the
offshore area that may be set out consistent with the nature and scale of the
chart.
(3) In a legal or other
proceeding, a chart purporting to be issued under the authority of the
provincial minister is conclusive proof of the limits of the offshore area or
portion of the offshore area set out in the chart without proof of the
signature or official character of the person purporting to have issued the
chart.
6. (1) Paragraph 6(1)(
a) of the Act is repealed
and the following substituted:
(a) "agreement" means an agreement
resource management and revenue sharing in relation to activities respecting
the exploration for or the production of petroleum, or respecting offshore
renewable energy projects, carried out on any frontier lands; and
(2) Paragraph 6(1)(
b) of the Act is amended by
deleting the words "Her Majesty" and substituting the words "His
Majesty".
7. Subsection 7(1) of the Act is repealed and the
following substituted:
Approval of
federal minister before making of regulations
(1) Before a regulation is made under sections 2.1, subsection
5(1),
section 29.1, subsection 41(7),
section 55.1,
section 63, subsection
66(2),
section 86.10, subsection 86.11(2),
section 114, subsections 118(1), 121(1),
145(1), 157(2.3), 158(1.2), 179.19(6), or 179.25(1),
section 179.29, subsection
179.30(3) or 198.2(1) or
section 199, the provincial minister shall consult the
federal minister with respect to the proposed regulation and a regulation shall
not be made without the approval of the federal minister.
8. The Act is amended by adding immediately after
section 7 the following:
Non-application
of Atlantic Accord
7. 1 For
greater certainty, the Atlantic Accord does not apply to offshore renewable
energy resources.
9. Subsection 8(2) of the Act is repealed and the
following substituted:
(2) Subject to
section 96, the Canada Petroleum Resources Act, the Canada Oil and Gas Operations Act and
Part
5 of the Canadian Energy Regulator Act
and any regulations made under those Acts do not apply within the offshore
area.
10. (1) Subsection 9(1) of the Act is repealed and
the following substituted:
Jointly
established regulator
(1) There
is established, by the joint operation of this Act and
the federal Act, a board to be known as the Canada-Newfoundland and Labrador
Offshore Energy Regulator.
(2) Subsection 9(2) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(3) Subsection 9(3) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(4) Subsection 9(4) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
11. (1) Subsection 10(1) of the Act is repealed and
the following substituted:
Members of
regulator
(1) The
regulator shall consist of 7 members.
(2) Subsection 10(2) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(3) Subsection 10(3) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(4) Subsection 10(4) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(5) Subsection 10(5) of the Act is amended by
(
a) deleting the number "1" and
substituting the word "one"; and
(
b) deleting the word "board" wherever
it appears and substituting the word "regulator".
(6) Subsection 10(6) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
12. Subsection 11(1) of the Act is amended by deleting
the word "board" wherever it appears and substituting the word
"regulator".
13. (1) Subsection 12(1) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(2) Subsection 12(2) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(3) Subsection 12(5) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(4) Subsection 12(6) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
14. Subsection 13(1) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
Section 14 of the Act is amended by deleting
the word "board" wherever it appears and substituting the word
"regulator".
16. (1) Subsections 15(1) and (2) of the Act are
repealed.
(2) Subsection 15(3) of the Act is repealed and
the following substituted:
(3) The chairperson and members of the regulator
shall be appointed for a term of 6 years.
(3) Subsection 15(4) of the Act is amended by
deleting the word "board" and substituting the word "regulator".
(4) Subsection 15(5) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
17. (1) Subsection 16(1) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(2) Subsection 16(2) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(3) Subsection 16(3) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(4) Subsection 16(4) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(5) Subsection 16(5) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(6) Subsection 16(7) of the Act is amended by
deleting the number "1/2" and substituting the words "one
half".
18. (1) Subsection 17(1) of the Act is repealed and
the following substituted:
Functions of
regulator
(1) The regulator shall perform the duties and functions that
are conferred or imposed on the regulator under the Atlantic Accord or this
Act.
(2) Subsection 17(2) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
19. The Act is amended by adding immediately after
section 17 the following:
Consultation with
Indigenous peoples of Canada
17.1 The
Crown in right of Canada or in right of the province may rely on the regulator
for the purposes of consulting with the Indigenous peoples of Canada respecting
the potential adverse impact of a work or activity in the offshore area on
existing aboriginal and treaty rights recognized and affirmed by
section 35 of
the Constitution Act, 1982 and the regulator
may, on behalf of the Crown in right of Canada or in right of the province, where
appropriate, accommodate the adverse impacts on those rights.
20. Subsection 18(1) of the Act is repealed and the
following substituted:
Access to
information by governments
(1) The federal minister and the provincial minister are
entitled to access information or documentation relating to petroleum resource
and renewable energy activities in the offshore area that is provided for the
purposes of this Act or a regulation made under this Act and that information
or documentation shall, on the request of either minister, be disclosed to that
minister without requiring the consent of the party who provided the
information or documentation.
Section 19 of the Act is repealed and the
following substituted:
Meetings of
regulator
19. A meeting of the regulator shall be held
(
a) once a month unless
the members of the regulator unanimously agree to defer a meeting; and
(
b) at other times
(
i) at the call of the chairperson of the regulator,
(ii) on the request of 2
members of the regulator, or
(iii) on the request of
the federal minister or the provincial minister to review a matter referred to
it by that minister.
Section 20 of the Act is amended by deleting
the word "board" wherever it appears and substituting the word
"regulator".
Section 21 of the Act is amended by deleting
the word "board" and substituting the word "regulator".
Section 22 of the Act is repealed and the
following substituted:
Storage of
information
22. The regulator shall establish, maintain and operate a
facility in the province for the storage and curatorship of
(
a) all
petroleum-related geophysical records and geological and hydrocarbon samples
relating to the offshore area; and
(
b) all geological, geophysical, geotechnical and
environmental records and geological and geotechnical samples relating to
offshore renewable energy.
Section 23 of the Act is amended by deleting
the word "board" wherever it appears and substituting the word
"regulator".
26. (1) Subsection 24(1) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(2) Subsection 24(5) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
27. (1) Subsection 25(1) of the Act is repealed and
the following substituted:
Staff of
regulator
(1) The
regulator may, on the recommendation of the chief executive officer, employ
other officers and employees that are necessary to properly perform the duties
and functions of the regulator under this Act and the Atlantic Accord.
(2) Subsection 25(4) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(3) Subsection 25(5) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
Section 26 of the Act is amended by deleting
the word "board" wherever it appears and substituting the word
"regulator".
Section 26.1 of the Act is amended by deleting
the word "board" wherever it appears and substituting the word
"regulator".
30. (1) Subsection 27(1) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(2) Subsection 27(2) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(3) Subsection 27(3) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(4) Subsection 27(4) of the Act is amended by
deleting the number "1/2" and substituting the words "one
half".
(5) Section 27 of the Act is amended by adding
immediately after subsection (4) the following:
(4.1) Notwithstanding subsection (4), the chief
executive officer may include in the budget or revised budget, as applicable, expenditures
associated with the specific requirements of one government which shall be paid
entirely by that government.
Section 28 of the Act is amended by deleting
the word "board" and substituting the word "regulator".
32. (1) Subsection 29(1) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(2) Subsection 29(2) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(3) Subsection 29(3) of the Act is amended by
deleting the number "1st" and substituting the word
"first".
(1) Paragraph 29.1(1)(
a) of the Act is amended
by deleting the word "board" and substituting the word
"regulator".
(2) Paragraph 29.1(1)(
b) of the Act is repealed
and the following substituted:
(
b) 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 under the Impact
Assessment Act (Canada) , that are paid by
(
i) a person who makes an application for an authorization
under paragraph 134(1)(
b) or subsection 134.01(1) or an application under
subsection 135(2), or
(ii) the holder of an
operating licence issued under paragraph 134(1)(
a) or
an authorization issued under paragraph 134(1)(
b) or subsection 134.01(1); and
(3) Subsection 29.1(3) of the Act is repealed and
the following substituted:
(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 under the Impact Assessment Act (Canada).
34. Subsection 29.2(2) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
Section 30 of the Act is repealed and the
following substituted:
Regulator's
decision final
30. The exercise of a power or the performance of a duty by the
regulator under this Act is final and not subject to the review or approval of
either government or either minister.
Section 31 of the Act is amended by deleting
the word "board" wherever it appears and substituting the word
"regulator".
Section 32 of the Act is amended by deleting
the word "board" wherever it appears and substituting the word
"regulator".
38. Subsection 35(2) of the Act is amended by
deleting the number "1st" and substituting the word
"first".
39. Subsection 36(1) of the Act is amended by
deleting the number "1" and substituting the word "one".
40. Subsection 37(2) of the Act is amended by
deleting the number "1" and substituting the word "one".
Section 39 of the Act is amended by deleting
the word "board" wherever it appears and substituting the word
"regulator".
Section 40 of the Act is amended by deleting
the word "board" wherever it appears and substituting the word
"regulator".
43. The Act is amended by adding immediately after
section 40 the following:
Regulator's recommendation
40.1
(1) The regulator shall notify the federal
minister and provincial minister in writing of its offshore energy
recommendation as soon as practicable after deciding to make the
recommendation.
(2) The federal minister and the provincial minister
shall, within 60 days after receiving the offshore renewable energy recommendation,
notify the regulator, in writing, of that minister's decision to approve the
offshore renewable energy recommendation, with or without variations, or to
reject it.
(3) Notwithstanding 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.
(4) Notwithstanding subsection (2), the federal
minister or the provincial minister may notify the regulator of that minister's
decision with respect to an offshore renewable energy recommendation to make a
call for bids beyond the 60 day period referred to in subsection
(2).
Publication
40.2 The
regulator shall publish a notice of a decision referred to in subsection
40.1(2) in the Gazette unless the
decision is to reject the regulator's offshore renewable energy recommendation
to make a call for bids.
Implementation of
ministers' approval
40.3 The
regulator shall only exercise a power or perform a duty subject to this
section
and sections 40.1 and 40.2 where it has been the subject of an offshore renewable
energy recommendation that was approved by both ministers with the same
variations, if any, and in that case, shall exercise the power or perform the
duty as soon as practicable after the regulator receives the notice referred to
in subsection 40.1(2).
44. Subsection 41(2) of the Act is amended by
deleting the number "1st" and substituting the word
"first".
45. (1) Subsection 42(1) of the Act is amended by
(
a) deleting the word "board" wherever
it appears and substituting the word "regulator ";
(
b) adding immediately after paragraph (
a) the
following:
(a.1) offshore renewable energy recommendations;
(
c) deleting the word "and" at the end
of paragraph (
d) and adding immediately after paragraph (
d) the following:
(d.1) the principles referred to in
section 86.15;
(d.2) the development of guidelines and
interpretation notes issued under subsection 147(1) and
section 179.27; and
(2) Subsection 42(1.1) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(3) Subsection 42(2) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(4) Subsection 42(4) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
46. (1) Subsection 43(1) of the Act is amended by
(
a) deleting the number "1st" and
substituting the word "first"; and
(
b) deleting the word "board" wherever
it appears and substituting the word "regulator".
(2) Subsection 43(2) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(3) Subsection 43(3) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
47. (1) Subsection 44(1) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(2) Subsection 44(2) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(3) Paragraph 44(2)(
b) of the Act is amended by
deleting the number "1" wherever it appears and substituting the word
"one".
(4) Subsection 44(3) of the Act is amended by
(
a) deleting the word "board" and
substituting the word "regulator"; and
(
b) deleting the reference " Public Inquiries Act " and
substituting the reference " Public
Inquiries Act, 2006 ".
(5) Subsection 44(4) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
Section 44.1 of the Act is repealed and the
following substituted:
Public hearing
44.1 The
regulator may conduct a public hearing in relation to the exercise of any of
its powers or the performance of any of its duties and functions under this Act.
Section 44.2 of the Act is amended by deleting
the word "board" wherever it appears and substituting the word
"regulator".
(1) Section 44.3 of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(2) Paragraph 44.3(
a) of the Act is repealed and
the following substituted:
(
a) there is a real and
substantial risk that disclosure of the information will impair the security of
pipelines, as defined in paragraph 131(e), installations, facilities, vessels,
aircraft or systems, including computer or communication systems, or methods
employed to protect them; and
Section 44.4 of the Act is amended by deleting
the word "board" and substituting the word "regulator".
52. (1) Subsection 45(2) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(2) Paragraph 45(3)(
b) of the Act is amended by
deleting the number "1st" and substituting the word
"first".
(3) Paragraph 45(3)(
d) of the Act is amended by
deleting the number "1st" and substituting the word
"first".
(4) Subsection 45(4) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(5) Subsection 45(5) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(6) Subsection 45(6) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(7) Section 45 of the Act is amended by adding
immediately after subsection (6) the following:
(7) The
definitions in
section 162 also apply in
subsections (8) and (9).
(8) A Canada-Newfoundland and Labrador benefits
plan submitted for approval in respect of a work or activity to be carried out
in a transboundary pool that is the subject of a joint exploitation agreement shall
not be approved under this
section unless the regulator and the appropriate
authority have agreed on its content.
(9) The
regulator or the appropriate authority, or in respect of a transboundary pool
extending into the jurisdiction of a foreign government, the federal minister,
after having consulted the Minister of Foreign Affairs of Canada and the provincial
minister, may, where they disagree about the content of the benefits plan
submitted for approval, refer the matter to an expert in accordance with
section 179.16.
(10) Where
a benefits plan has been referred to an expert under subsection (9), for the
purpose of this section, the experts decision shall be
considered to be the regulator's approval of that plan.
53. Subsection 46(1) of the Act is amended by
deleting the word "board" wherever it appears and substituting word
"regulator".
54. The Act is amended by repealing the heading
"PART II PETROLEUM RESOURCES" and substituting the following:
PART II
PETROLEUM AND OFFSHORE RENEWABLE ENERGY RESOURCES
55. (1) Paragraph 47(1)(
a) of the Act is repealed
and the following substituted:
(a) "call for bids" means a call for
bids made in accordance with,
(
i) in the case of
petroleum,
section 57, and
(ii) in the case of offshore renewable energy,
section 86.6;
(2) Paragraph 47(1)(
d) of the Act is repealed and
the following substituted:
(d) "Crown reserve area" means,
(
i) in relation to
petroleum, portions of the offshore area in respect
of which no petroleum-related interest is in force, and
(ii) in relation to offshore renewable energy,
portions of the offshore area in respect of which no submerged land licence is
in force respecting a particular renewable energy resource;
(3) Paragraph 47(1)(
j) of the Act is repealed and
the following substituted:
(j) "interest" means,
(
i) in relation to
petroleum, a former exploration agreement, former
lease, former permit, former special renewal permit, exploration licence,
production licence or significant discovery licence, and
(ii) in relation to offshore renewable energy, a
submerged land licence;
(4) Subparagraph 47(1)(l)(
i) of the Act is amended by deleting the word "board" and substituting
the word "regulator".
(5) Paragraph 47(1)(
n) of the Act is repealed and
the following substituted:
(n) "significant discovery" means a discovery indicated by a well on a geological feature
that
(
i) demonstrates, through a formation flow test approved by the
regulator, the existence of hydrocarbons in that feature, and
(ii) having regard to
geological and engineering factors, suggests the existence of an accumulation
of hydrocarbons that has potential for sustained production; and
Section 50 of the Act is amended by deleting
the word "board" and substituting the word "regulator".
Section 51 of the Act is amended by deleting
the word "board" wherever it appears and substituting the word
"regulator".
58. (1) Subsection 52(1) of the Act is amended by
(
a) deleting the number "1" and
substituting the word "one"; and
(
b) deleting the word "board" and
substituting the word "regulator".
(2) Subsection 52(2) of the Act is amended by
(
a) deleting the number "1" and
substituting the word "one"; and
(
b) deleting the word "board" and
substituting the word "regulator".
59. (1) Subsection 53(1) of the Act is repealed and
the following substituted:
Prohibition orders
issuance of interests
(1) Subject to sections 31 to 40, the regulator may, except in
a case referred to in subsection (2), by order, for the purposes and under the
conditions that may be set out in the order, prohibit the issuance of petroleum-related
interests in respect of the portions of the offshore area that are specified in
the order.
(2) Section 53 of the Act is amended by adding
immediately after subsection (1) the following:
(1.1) The federal minister and the provincial minister
may, except in a case referred to in subsection (2), issue a joint direction to
the regulator to, by order, for the purposes and under the conditions set out
in the order, prohibit the issuance of submerged land licences in respect of the
portions of the offshore area specified in the order.
(3) Section 53 of the Act is amended by adding
immediately after subsection (2) the following:
(3) A direction issued under subsection (1.1) is not
subordinate legislation for the purposes of the Statutes
and Subordinate Legislation Act .
60. (1) Subsections 55(1) and (2) of the Act are
repealed and the following substituted:
Prohibition
orders activities
(1) The regulator may, by order, prohibit an
interest owner specified in the order from commencing or continuing work or
activity on the portions of the offshore area or a part of the offshore area
that are subject to the interest of that interest owner, where there is
(
a) an environmental or social problem of a serious nature; or
(
b) dangerous or extreme weather conditions affecting the
health or safety of people or the safety of equipment.
(2) Notwithstanding
subsection (1), a n order of the regulator made in accordance
with paragraph (1)(
a) is,
(
a) with respect to a petroleum-related interest, subject to
sections 31 to 40; and
(
b) with
respect to a submerged land licence, is subject to sections 40.1 to 40.3.
(2) Subsection 55(6) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
61. The Act is amended by adding immediately after
section 55 the following:
Prohibitions
regulations
55.1 Subject
section 7, the Lieutenant-Governor in Council may, for the purpose of the
protection of the environment, make regulations prohibiting, in respect of a
portion of the offshore area that is specified in those regulations and that is
located in an area that is or, in the opinion of the Lieutenant-Governor in
Council, may be identified under
an Act of Parliament of Canada or
an Act of
the Legislature as an area for environmental or wildlife conservation or
protection,
(
a) the commencement or continuation of
(
i) a work or activity
relating to the exploration or drilling for or the production, conservation,
processing or transportation of petroleum, or
(ii) an offshore renewable energy project; or
(
b) the issuance of interests.
Negotiations for
compensation federal minister
55.2
(1) The
federal minister may enter into negotiations with an
interest owner for the determination of compensation that may be granted to the
interest owner for the surrender of the interest in respect of all or a portion
of the offshore area subject to the interest, where all or a portion of the
offshore area in respect of which the surrender is negotiated is
(
a) located in an area that is identified under an
Act of Parliament of Canada as an area for environmental or wildlife
conservation or protection; or
(
b) subject to regulations made under
section 55.1.
(2) The federal minister shall, not later than 60
days before entering into the negotiations referred to
in subsection (1), give written notice to the provincial minister of the
federal ministers intention to enter into negotiations with the interest owner
within the period specified in the notice referred to in subsection (3).
(3) The federal minister shall, not later than 30
days before entering into the negotiations referred to
in subsection (1), give written notice to the interest owner, and provide a
copy of the notice to the regulator, indicating the federal ministers
intention to enter into negotiations with the interest owner within the period
specified in the notice.
(4) The federal minister and the provincial minister
may, by order, jointly cancel the interest in respect of all or a portion of
the offshore area that is subject to the interest and that is located in an
area that is or, in the opinion of the Governor in Council, may be identified
under
an Act of Parliament of Canada as an area for environmental or wildlife
conservation or protection, where
(
a) the interest owner did not enter into
negotiations with the federal minister within the period specified in the
notice provided to the interest owner under subsection (3 );
(
b) in the opinion of the federal minister, the
compensation to be granted to the interest owner for the surrender of the
interest has not been determined during the negotiations within a reasonable
time; or
(
c) in the opinion of the federal minister, the
negotiations have not resulted in the surrender of the interest by the interest
owner within a reasonable time even though the compensation to be granted to
the interest owner has been determined during the negotiations.
(5) The federal minister shall specify in the
order the amount of compensation to be granted to the interest owner under subsection
55.3(2) in respect of the cancellation of the interest.
(6) The portion of the offshore area subject to
the interest referred to in subsection (1) that has been surrendered or the
interest referred to in subsection (4) that has been cancelled becomes a Crown
reserve area.
(7) Where an interest referred to in subsection
(1) is surrendered or where an interest referred to in subsection (4) is
cancelled, the deposit balance with respect to the interest held by the person
holding that deposit balance on behalf of the interest owner, calculated in
accordance with the regulations, shall be returned to the interest owner, less
any liability, either direct or by way of indemnity, owed by the interest owner
to that person at the time of the surrender or cancellation.
Compensation
surrender
55.3
(1) Where
an interest owner surrenders an interest referred to in subsection 55.2(1), the
Crown in right of Canada, may grant the compensation that is determined by
negotiations with the federal minister for the surrender of the interest.
(2) Where an interest is cancelled by an order made
under subsection 55.2(4), the Crown in right of Canada may grant an interest
owner the compensation that is specified in the order.
(3) Where a petroleum-related interest is
cancelled by an order made under subsection 55.2(4), it is subject to
section 120
in respect of the amount of the compensation that may be granted to the
interest holder, and, for the purposes of this subsection, a reference to the regulator
section 120 shall be read as a reference to the federal minister.
(4) A person shall not have the right to claim or
receive compensation, damages, indemnity or other form of relief from the Crown
in right of Canada or from a servant or agent of the Crown in right of Canada
for an acquired, vested, future or potential right or entitlement that is
affected by a surrender of an interest referred to in subsection 55.2(1) or a
cancellation of an interest referred to in subsection 55.2(4), other than
compensation that may be granted to an interest owner under this section.
Negotiations for
compensation provincial minister
55.4
(1) The
provincial minister may enter into negotiations with
an owner of a petroleum-related interest for a determination of compensation
that may be granted to the interest owner for the surrender of the interest in
respect of all or a portion of the offshore area subject to the interest, where
all or a portion of the offshore area in respect of which the surrender is
negotiated is
(
a) located in an area that is identified under an
Act of the Legislature as an area for environmental or wildlife conservation or
protection; or
(
b) subject to regulations made under
section
55.1.
(2) The provincial minister shall, not later than
60 days before entering into the negotiations referred
to in subsection (1), give written notice to the federal minister of the
provincial ministers intention to enter into negotiations with the interest
owner within the period specified in the notice referred to in subsection (3).
(3) The provincial minister shall, not later than
30 days before entering into the negotiations referred
to in subsection (1), give written notice to the interest owner, and provide a
copy of the notice to the regulator, indicating the provincial ministers
intention to enter into negotiations with the interest owner within the period
specified in the notice.
(4) The provincial minister and the federal
minister may, by order, jointly cancel an interest in respect of all or a
portion of the offshore area that is subject to the interest and that is
located in an area that is or, in the opinion of the Lieutenant-Governor in
Council, may be identified under
an Act of the Legislature as an area for
environmental or wildlife conservation or protection, where
(
a) the interest owner did not enter into
negotiations with the provincial minister within the period specified in the
notice provided to the interest owner under subsection (3 );
(
b) in the opinion of the provincial minister, the
compensation to be granted to the interest owner for the surrender of the
interest has not been determined during the negotiations within a reasonable
time; or
(
c) in the opinion of the provincial minister, the
negotiations have not resulted in the surrender of the interest by the interest
owner within a reasonable time even though the compensation to be granted to
the interest owner has been determined during the negotiations.
(5) The provincial minister shall specify in the
order the amount of compensation to be granted to the interest owner under subsection
55.5(2) in respect of the cancellation of the interest.
(6) The portion of the offshore area subject to
the interest referred to in subsection (1) that has been surrendered or the
interest referred to in subsection (4) that has been cancelled becomes a Crown
reserve area.
(7) Where an interest referred to in subsection
(1) is surrendered or an interest referred to in subsection (4) is cancelled,
the deposit balance with respect to the interest held by the person holding
that deposit balance on behalf of the interest owner, calculated in accordance
with the regulations, shall be returned to the interest owner, less any
liability, either direct or by way of indemnity, owed by the interest owner to
that person at the time of the surrender or cancellation.
Compensation
surrender or cancellation
55.5
(1) Where
an interest owner surrenders an interest referred to in subsection 55.4(1), the
Crown in right of the province may grant the compensation that is determined by
negotiations with the provincial minister for the surrender of the interest.
(2) Where an interest is cancelled by an order made
under subsection 55.4(4), the Crown in right of the province may grant an
interest owner the compensation that is specified in the order.
(3) An order made under subsection 55.4(4) is
subject to
section 120 in respect of the amount of the compensation to be
granted to an interest holder, and, for the purposes of this subsection, a
reference to the regulator in
section 120 shall be read as a reference to the provincial
minister.
(4) A person shall not have the right to claim or
receive compensation, damages, indemnity or other form of relief from the Crown
in right of the province or from a servant or agent of the Crown in right of
the province for an acquired, vested, future or potential right or entitlement
that is affected by a surrender of an interest referred to in subsection 55.4(1)
or a cancellation of an interest referred to in subsection 55.4(4), other than
compensation that may be granted to an interest owner under this section.
Part II of the Act is amended by repealing the
heading "DIVISION II GENERAL RULES RELATING TO ISSUING OF INTERESTS"
and substituting the following:
DIVISION II
GENERAL RULES RELATING TO ISSUANCE OF PETROLEUM-RELATED INTERESTS
Section 56 of the Act is repealed and the
following substituted:
Authority to
issue petroleum-related interests
(1) The regulator may issue petroleum-related interests in
respect of a portion of the offshore area in accordance with this Part and the
regulations.
(2) The issuance of a petroleum-related interest
by the regulator is subject to sections 31 to 40 unless the issuance of the
petroleum-related interest is mandatory under another provision of this Part.
(3) The application of a petroleum-related
interest may be restricted to the geological formations and to the substances
that may be specified in the petroleum-related interest.
(4) Subsection (3) does not apply to a
petroleum-related interest that
(
a) is in force or in respect of which
negotiations were completed before April 4, 1987 in
relation to a portion of the offshore area; or
(
b) immediately succeeds an interest referred to
in paragraph (
a) in relation to that portion of the offshore area where that
portion was not a Crown reserve area on the expiration of the interest referred
to in paragraph (a).
64. (1) Subsections 57(1) to (3) of the Act are
repealed and the following substituted:
Call for bids
petroleum-related interests
(1) The regulator shall not issue a petroleum-related interest
in relation to Crown reserve areas unless
(
a) prior to issuing the petroleum-related interest,
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 62; and
(
b) the petroleum-related
interest is issued to the person who submitted, in response to the call, the
bid selected by the regulator in accordance with subsection 58(1).
(2) The making of a call
for bids for the issuance of a petroleum-related interest is subject to
sections 31 to 40.
(3) A request received by the regulator to make a
call for bids for the issuance of a petroleum-related interest in relation to particular portion of the offshore area shall be considered
by the regulator in selecting the portions of the offshore area to be specified
in the call for bids.
(2) Paragraph 57(4)(
d) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(3) Paragraph 57(4)(
g) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
Section 58 of the Act is repealed and the
following substituted:
Selection of bids
and publication
58 .
(1) A
bid submitted in response to a call for bids for the issuance of a
petroleum-related interest shall not be selected unless
is submitted in the form and manner specified in the call; and
(
b) the selection is made on the
basis of the criterion specified in the call.
(2) Where the regulator
selects a bid submitted in response to a call for bids, the regulator shall
publish a notice in accordance with
section 62 setting out the terms and
conditions of that bid.
(3) Where a
petroleum-related interest is to be issued as a result of
the petroleum-related interest specified in the call.
(4) The regulator shall
publish a notice in accordance with
section 62 setting out the terms and
conditions of a petroleum-related interest issued as a result
of a call for bids as soon as practicable after the issuing of the
petroleum-related interest.
Section 59 of the Act is repealed and the
following substituted:
Issuance of
interest not required
59 .
(1) The regulator is not required to issue a petroleum-related
interest as a result of a call for bids.
(2) Where the regulator
has not issued a petroleum-related interest with respect to a particular
portion of the offshore area specified in a call for bids within 6 months after
the closing date specified in the call for the submission of bids, the
regulator shall, before issuing a petroleum-related interest in relation to
that portion of the offshore area, make a new call for bids.
67. (1) Subsection 60(1) of the Act is repealed and
the following substituted:
Exception to call
for bids - petroleum
(1) Subject to sections 31 to 40, the regulator may issue
a petroleum-related interest in relation to a Crown reserve area without making
a call for bids where
(
a) the portion of the
offshore area to which the petroleum-related interest is to apply has, through
error or inadvertence, become a Crown reserve area and the interest owner who
last held a petroleum-related interest 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 petroleum-related interest; or
(
b) the regulator is
issuing the petroleum-related interest to an interest owner in exchange for the
surrender by the interest owner, at the request of the regulator, of another petroleum-related
interest or a share in another petroleum-related interest, in relation to all
or a portion of the offshore area subject to that other petroleum-related
interest.
(2) Subsection 60(2) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
Section 61 of the Act is amended by deleting
the words "an interest" and substituting the words "a
petroleum-related interest".
Section 62 of the Act is amended by deleting
the word "board" wherever it appears and substituting the word "regulator".
70. Subsection 66(1) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
Section 67 of the Act is amended by deleting
the word "board" wherever it appears and substituting the word
"regulator".
72. Subsection 69(3) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
73. (1) Subsection 70(1) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(2) Subsection 70(2) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(3) Subsection 70(4) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
Section 72 of the Act is amended by deleting
the word "board" wherever it appears and substituting the word
"regulator".
75. (1) Subsection 74(3) of the Act is repealed and
the following substituted:
(3) A significant
discovery licence continues in force, in relation to each portion of the
offshore area to which the licence applies, for a term of 25 years.
(2) Section 74 of the Act is amended by adding
immediately after subsection (3) the following:
(3.1) Where an interest owner has made an
application for a declaration of commercial discovery referred to in subsection
77(1) or for the issuance of a production licence referred to in subsection 80(1),
the term of the significant discovery licence is extended until the regulator makes a decision respecting that application.
(3.2) The extension to the term of a significant
discovery licence under subsection (3.1) remains in force after the regulator
makes a declaration of commercial discovery, but the regulator may cancel the
extension where the interest owner fails to submit an
application for the issuance of a production licence within a reasonable
time.
76. (1) Subsection 75(1) of the Act is amended by
(
a) deleting the word "board" wherever
it appears and substituting the word "regulator"; and
(
b) deleting the number "1" and
substituting the word "one".
(2) Subsection 75(4) of the Act is amended by
deleting the number "1" and substituting the word "one".
77. Subsection 76(1) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
78. (1) Subsection 77(1) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(2) Subsection 77(2) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
79. (1) Subsection 78(1) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(2) Subsection 78(2) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(3) Subsection 78(3) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(4) Subsection 78(6) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
80. Subsection 79(2) of the Act is repealed and the
following substituted:
(2) Notwithstanding
regulator considers appropriate, authorize an interest holder of a
petroleum-related interest or a share in a petroleum-related interest to
produce petroleum on the portions of the offshore area subject to the interest
or share for use in the exploration or drilling for or development of petroleum
on a portion of the offshore area.
81. (1) Subsection 80(1) of the Act is amended by
(
a) deleting the word "board" wherever
it appears and substituting the word "regulator"; and
(
b) deleting the number "1" wherever it
appears and substituting the word "one".
(2) Subsection 80(2) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(3) Subsection 80(3) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(4) Subsection 80(4) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
Section 81 of the Act is amended by deleting
the word "board" wherever it appears and substituting the word
"regulator".
83. Subsection 83(4) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
84. Subsection 85(1) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
Part II of the Act is amended by adding
immediately after
section 86 the following:
DIVISION IV.1
GENERAL RULES RELATING TO ISSUANCE OF SUBMERGED LAND LICENCES
Authority to
issue submerged land licences
86.1
(1) The
regulator may issue submerged land licences in respect of a portion of the
offshore area in accordance with this Part and the regulations.
(2) The issuance of a submerged land licence by
the regulator is subject to sections 40.1 to 40.3.
(3) The application of a submerged land licence
may be restricted to particular technologies or types
of offshore renewable energy resources that may be specified in the licence.
(4) A submerged land licence is not required for
the purpose of carrying on a work or activity described in subparagraph 2( o.1)(
i) that does not require
attaching a facility or structure to the seabed.
Rights under
submerged land licences
86.2 A
submerged land licence confers, with respect to the portions of the offshore
area to which the submerged land licence applies and subject to the terms and
conditions specified in the submerged land licence, the right to carry on an
offshore renewable energy project.
Call for bids
submerged land licence
86.3
(1) The
regulator shall not issue a submerged land licence in relation to Crown reserve
areas unless
(
a) before issuing the submerged land 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 86.9; and
(
b) the submerged land licence is issued to the
person who submitted, in response to the call, a bid selected by the regulator
in accordance with subsection 86.4(1).
(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.
(3) A call for bids shall specify
(
a) the submerged land licence to be issued and
the portions of the offshore area to which the submerged land licence is to apply;
(
b) where applicable, the particular technologies
or types of offshore renewable energy resources to which the submerged land licence
is to apply;
which the submerged land licence is to be issued;
required to 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 for bids.
Selection of bid
86.4
(1) A
bid submitted in response to a call for bids shall not be selected unless
is submitted in the form and manner specified in the call for bids; and
(
b) the selection is made on the
basis of the criteria specified in the call for bids.
(2) Where the regulator selects a bid submitted in
response to a call for bids, the regulator shall publish a notice in accordance
(3) The regulator shall make an offshore renewable
energy recommendation for or against the issuance of a submerged land licence
under
section 86.1 respecting all bids selected in accordance with subsection
(1).
Issuance of
licence not required
86.5
(1) The
regulator is not required to issue a submerged land licence as
a result of a call for bids.
(2) Where a submerged land licence is to be issued
as a result of a call for bids, the terms and
conditions of the submerged land licence shall be substantially consistent with
(3) The regulator shall publish a notice in
submerged land licence issued as a result of a call
for bids as soon as practicable after the submerged land licences issuance.
New call for bids
required
86.6 Where
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.
Exception to call
for bids offshore renewable energy
86.7
(1) Subject
to sections 40.1 to 40.3, the regulator may issue a submerged land licence in
relation to a Crown reserve area without making a call for bids where
(
a) the portion of the offshore area to which the submerged
land 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 submerged
land licence;
(
b) the regulator is issuing the submerged land licence
to an interest owner in exchange for the surrender by the interest owner, at
the request of the regulator, of another submerged land licence or share in another
such submerged land licence, in relation to all or a portion of the offshore
area subject to that other submerged land licence; or
(
c) the federal minister and the provincial
minister have directed the regulator to review an application for the issuance
specified by the ministers.
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 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 prescribed in regulations.
(3) Where 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
land licence.
Interest not
vitiated
86.8 Where
a submerged land licence has been issued, it is not vitiated by reason only of
a failure to comply with a requirement set out in sections 86.3 to 86.7
respecting the form and content of, and time and manner of publishing, a notice
required by those sections in relation to that submerged land licence.
Manner of
publication of notices
86.9
(1) A
notice required to be published by the regulator under subsection 86.3(1),
86.4(2), 86.5(3), 86.7(3) or 86.12(2) shall be published in the Gazette and in other publications the regulator
considers appropriate and, notwithstanding 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 a person on request made
to the regulator.
Regulations
86.10 Subject
section 7, the Lieutenant-Governor in Council may, for the purposes of
section 86.3, make regulations of general application in relation to the
offshore area or a portion of the offshore area, or in respect of a 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.
Terms, conditions
and regulations
86.11
(1) 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 submerged land licence.
(2) Subject to
section 7, the Lieutenant-Governor
to be included in a submerged land licence issued in relation to the offshore
area or a portion of the offshore area.
Amendment and
consolidation of submerged land licence
86.12
(1) Subject
to sections 40.1 to 40.3, the regulator and an interest owner of a submerged
land licence may, by agreement, amend a provision of the submerged land licence
in a manner consistent with this Part or the regulations and may, subject to
subsection (2), amend the licence to include other portions of the offshore
area.
(2) The
regulator shall not amend a submerged land licence to include a 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 86.7(1) and a notice has been
published in accordance with
section 86.9 not later than 120 days before making
(3) Subject to sections 40.1 to 40.3, the regulator
may, on the application of the interest owners of 2 or more submerged land
licences, consolidate those submerged land licences into a single submerged
regulator and those interest owners.
Effective date of
submerged land licence
86.13
(1) The
effective date of a submerged land licence is the date specified in the submerged
land licence.
(2) On the expiry of a submerged land licence, the
portions of the offshore area to which the submerged land licence relate become
Crown reserve areas.
Qualification for
submerged land licence
86.14 A
submerged land licence or share in a submerged land licence shall not be held
by a person other than a corporation incorporated in Canada.
Principles
86.15 The
following principles apply in this Division:
(
a) 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 a 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 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.
86. (1) Subsection 96(1) of the Act is repealed and
the following substituted:
Fund continued
and rates approved by regulator
(1) Part
VII of the Canada Petroleum Resources Act
applies, with the modifications that the circumstances require, within the
offshore area.
(2) Subsection 96(2) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(3) Subsection 96(3) of the Act is amended by
(
a) deleting the number "1" and
substituting the word "one"; and
(
b) deleting the word "board" and
substituting the word "regulator".
(4) Subsection 96(4) of the Act is repealed and
the following substituted:
(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.
87. (1) Paragraph 97(1)(
b) of the Act is amended by
deleting the words "Trial Division of the".
(2) Paragraph 97(1)(
c) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(3) Clause 97(1)(f)( i )(
B) of the Act is repealed and the following substituted:
(
B) that provides for the operator appointed under
the contract to carry out a 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
(4) Paragraph 97(1)(
h) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
Section 98 of the Act is repealed and the
following substituted:
Notice of
disposition of an interest
98 .
(1) Where an interest holder of an interest or a 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 a share in the
interest, the interest holder shall give notice of the agreement or arrangement
the request of the regulator, a copy of the agreement or arrangement.
(2) A submerged land licence shall only be
transferred, assigned or otherwise disposed of under subsection (1) where the regulator
met following the transfer, assignment or other disposition.
89. Paragraph 112(
a) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
90. Paragraph 114(
a) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
91. (1) Paragraph 115(1)(
c) of the Act is repealed
and the following substituted:
(c) "engineering research or feasibility
study" includes work undertaken to facilitate the design or to analyze the
viability of engineering technology, systems or schemes to be used, in the
offshore area, in the exploration for or the development, production or
transportation of petroleum or in offshore renewable energy projects;
(2) Paragraph 115(5)(
d) of the Act is repealed and
the following substituted:
(
d) geological work or
geophysical work performed on or in relation to a portion of the offshore area,
(
i) in the case of a
well site seabed survey where the well has been drilled, after the expiration
of the period referred to in paragraph (
a) or the later period referred to in
subparagraph (b)(
i) or (ii) or subparagraph (c)(
i) or (ii), according to whether paragraph (a), (
b) or (
c) is applicable in respect of that well,
(ii) in any other case relating to a
petroleum-related work or activity, after the expiration of 5 years following
the date of completion of the work, or
(iii) in a case relating to an offshore renewable
energy project, after the expiration of the time set out in regulations, or in
the absence of regulations, 3 years following the date of completion of the
geological or geophysical work;
(3) Paragraph 115(5)(
e) of the Act is repealed and
the following substituted:
(
e) an engineering
research or feasibility study or experimental project, including geotechnical
work, carried out on or in relation to a portion of the offshore area,
(
i) where it relates
to a well and the well has been drilled, after the expiration of the period
referred to in paragraph (
a) or the later period referred to in subparagraph
(b)(
i) or (ii) or subparagraph (c)(
i) or (ii), according to whether paragraph (a), (
b) or (
c) is applicable in respect of that well,
(ii) in any other case relating to a
petroleum-related work or activity, after the expiration of 5 years following
the date of completion of the research, study or experimental project or after
the reversion of that portion of the offshore area to a Crown reserve area,
whichever occurs first; or
(iii) in a case relating to an offshore renewable
energy project, after the earlier of
(
A) the expiration of the period set out in
regulations or, in the absence of regulations, 3 years following the date of
completion of the research, study or experimental project, and
(
B) the reversion of that portion of the offshore
area to Crown reserve areas;
(4) Paragraph 115(5)(
i) of
the Act is repealed and the following substituted:
(
i) an environmental study, other than a study referred to in
paragraph (h),
(
i) where it relates to a well and the well has been drilled,
after the expiration of the period referred to in paragraph (
a) or the later
period referred to in subparagraph (b)(
i) or (ii) or
subparagraph (c)(
i) or (ii), according to whether
paragraph (a), (
b) or (
c) is applicable in respect of that well,
(ii) in any other case
relating to a petroleum-related work or activity, where 5 years have passed
since the completion of the study, or
(iii) in a case relating to an offshore renewable
energy project, where the period set out in regulations has passed since the
completion of the study or, in the absence of regulations, where 3 years have
passed since the completion of that study.
(5) Subsection 115(6) of the Act is repealed and
the following substituted:
(6) The regulator may disclose any information or
documentation that it obtains under this Part or
Part III, to officials of the
a foreign government, or to the representatives of any of their agencies, for
the purposes of a federal, provincial or foreign law, as the case may be, that
deals primarily with a petroleum-related work or activity, including the
exploration for and the management, administration and exploitation of petroleum
resources, or with an offshore renewable energy project, where
(
a) the government or
agency undertakes to keep the information or documentation confidential and not
to disclose it without the regulator's written consent;
(
b) the information and
documentation is disclosed in accordance with any
conditions agreed to by the regulator and the government or agency; and
(
c) in the case of
disclosure to a foreign government or agency, the federal minister and the
provincial minister consent in writing.
(6) Subsection 115(7) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(7) Subsection 115(8) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(8) Subsection 115(9) of the Act is repealed and
the following substituted:
(9) Subsection (2) does not apply in respect of
information regarding the applicant for an operating licence or authorization
under subsection 134(1) or an authorization under subsection 134.01(1) or the
scope, purpose, location, timing and nature of the proposed work or activity
for which the licence or authorization is sought.
(9) Section 115 of the Act is amended by adding
immediately after subsection (9) the following:
(9.1) The regulator shall make public a
summary of
the information referred to in subsection (9) in respect of a work or activity
for which the Impact Assessment Agency of Canada decided under
section 16 of
the Impact Assessment Act (Canada) that
an impact assessment is not required or which is
excluded under
section 112.1 of that Act.
(10) Subsection 115(11) of the Act is repealed and
the following substituted:
(11) Subject to
section
115.1, the regulator may disclose, including for the purposes of the Impact Assessment Act (Canada), all or
part of any information or documentation related to safety or environmental
protection that is provided in relation to an application for an operating
licence or authorization under subsection 134(1) or an authorization under
subsection 134.01(1), or to an operating licence or authorization that is
issued under one of those subsections or provided in accordance with any
regulations made under this Part or
Part III, but the regulator is not
permitted to disclose information or documentation where the regulator is
satisfied that
(
a) disclosure of it
could reasonably be expected to result in a material loss or gain to a person,
or to prejudice the person's competitive position, and the potential harm
resulting from the disclosure outweighs the public interest in making the disclosure;
(
b) it is financial,
commercial, scientific or technical information or documentation that is
confidential and has been consistently treated as such by a person who would be
directly affected by its disclosure, and for which the person's interest in
confidentiality outweighs the public interest in its disclosure; or
(
c) there is a real and
substantial risk that disclosure of it will impair the security of pipelines,
as defined in
section 131, installations, facilities, vessels, aircraft or
systems, including computer or communication systems, used for any work or
activity in respect of which this Act applies, or methods employed to protect
them, and the need to prevent its disclosure outweighs the public interest in
its disclosure.
(1) Subsection 115.1(1) of the Act is amended
(
a) deleting the word "board" wherever
it appears and substituting the word "regulator"; and
(
b) deleting the word "board's" and
substituting the word "regulator's".
(2) Subsection 115.1(2) of the Act is amended by
deleting the words "he, she or it" wherever it appears and
substituting the words "the person".
(3) Paragraph 115.1(3)(
a) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(4) Paragraph 115.1(3)(
c) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(5) Subsection 115.1(4) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(6) Paragraph 115.1(5)(
b) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(7) Subsection 115.1(6) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(8) Subsection 115.1(7) of the Act is amended by
(
a) deleting the word "board" and
substituting the word "regulator"; and
(
b) deleting the words "Trial Division"
and substituting the words "Supreme Court".
(9) Subsection 115.1(9) of the Act is amended by
deleting the words "Trial Division" and substituting the words
"Supreme Court".
93. Subsection 117(1) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
94. (1) Subsection 119(1) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(2) Subsection 119(2) of the Act is repealed and
the following substituted:
(2) Notwithstanding
anything in this Part but subject to sections 31 to 40 and subsection (3),
where an interest owner or holder of a petroleum-related interest fails to
comply with a notice under subsection (1) within the period specified in the
notice and the regulator considers that the failure to comply warrants
cancellation of the interest of the interest owner or holder or a share in the
interest held by the holder with respect to a portion only of the offshore area
subject to the interest, the regulator may, by order subject to
section 120,
cancel that interest or share, in which case, the portions of the offshore area
under that interest or share become Crown reserve areas.
(3) Section 119 of the Act is amended by adding
immediately after subsection (2) the following:
(3) Notwithstanding subsection (2), the regulators
order to cancel an exploration licence, significant discovery licence or
production licence under subsection (2) is not subject to
section 120 where the
notice under subsection (1) relates to a failure to meet any of the terms and
conditions contained in that licence.
(4) Notwithstanding anything in this Part but subject
to sections 40.1 to 40.3, where the interest owner or holder of a submerged
land licence fails to comply with a notice under subsection (1) within the
period specified in the notice and the regulator considers that the failure to
comply warrants cancellation of the licence of the interest owner or holder or a
share in the licence held by the holder, the regulator may, by order, cancel
that licence or share, in which case the portions of the offshore area under
that licence or share become Crown reserve areas.
95. (1) Subsection 120(2) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(2) Subsection 120(3) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(3) Subsection 120(6) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(4) Subsection 120(7) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(5) Subsection 120(8) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(6) Paragraph 120(9)(
b) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(7) Subsection 120(10) of the Act is amended by
deleting the words "Trial Division" and substituting the words
"Supreme Court".
96. (1) Paragraph 121(1)(
b) of the Act is amended
by deleting the word "board" and substituting the word
"regulator".
(2) Subsections 121(2) and (3) of the Act are
repealed.
97. (1) Subsection 122(1) of the Act is amended by
(
a) deleting the word "board" and
substituting the word "regulator"; and
(
b) deleting the words "his or her" and
substituting the words "the person's".
(2) Subsection 122(2) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(3) Subsection 122(3) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
98. Subsection 124(1) of the Act is amended by
deleting the words "the interests" and substituting the words
"the petroleum-related interests".
99. (1) Subsection 126(1) of the Act is amended by
(
a) deleting the number "1st" and
substituting the word "first"; and
(
b) deleting the word "board" and
substituting the word "regulator".
(2) Subsection 126(4) of the Act is amended by
(
a) deleting the number "1" and
substituting the word "one"; and
(
b) deleting the word "board" and
substituting the word "regulator".
100. Subsection 127(1) of the Act is amended by
(
a) deleting the number "1st" and
substituting the word "first"; and
(
b) deleting the word "board" and
substituting the word "regulator".
Section 128 of the Act is amended by deleting
the word "board" and substituting the word "regulator".
102. Subsection 129(2) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
103. The Act is amended by adding immediately after
section 130 the following:
Transitional
130.1
(1) Notwithstanding subsection 74(3) and
subject to subsection 84(1), where the interest holder of an exploration
licence issued before 2017 applies for a declaration of significant discovery
in relation to a portion of the offshore area to which that licence applies and
where the significant discovery is indicated by the first well on a geological
feature that demonstrates, by flow testing, the existence of hydrocarbons in
that feature, a significant discovery licence issued for that significant
discovery area continues in force, in relation to each portion of the offshore
area to which the licence applies, for as long as the declaration of
significant discovery on the basis of which the licence was issued remains in
force in relation to that portion of the offshore area.
104. The Act is amended by repealing the heading
"PART III PETROLEUM OPERATIONS" and substituting the following:
PART III
PETROLEUM AND OFFSHORE RENEWABLE ENERGY OPERATIONS
Section 131.1 of the Act is repealed and the
following substituted:
Purpose
131.1
(1) The purpose of this
Part is to promote
(
a) safety, particularly
by encouraging persons exploring for and exploiting petroleum or carrying on an
offshore renewable energy project, to maintain a prudent regime for achieving safety;
(
b) the protection of the environment;
(
c) accountability in
accordance with the "polluter pays" principle; and
(
d) in respect of the exploration for and
exploitation of petroleum, the conservation of
petroleum resources and joint production arrangements.
Section 132 of the Act is repealed and the
following substituted:
Application
132. This Part applies in respect of the exploration and
drilling for and the production, conservation, processing and transportation of
petroleum, and in respect of offshore renewable energy projects, in the
offshore area.
Section 132.1 of the Act is amended by deleting
the number "1" and substituting the word "one".
108. The Act is amended by adding immediately after
section 133 the following:
Prohibition
offshore renewable energy
133.01 A
person shall not carry on a work or activity related to an offshore renewable
energy project unless
(
a) that person is the holder of an authorization
issued, before the commencement of operations, under subsection 134.01(1) for
the work or activity; and
(
b) where it is required, that person is
authorized or entitled to carry on business in the place where that person
proposes to carry on the work or activity.
Section 133.1 of the Act is repealed and the
following substituted:
Delegation of
regulator's authority
133.1 The regulator may delegate to a person any of the regulator's
powers under
section 134, 134.01, 134.13, 134.15, 135.1, 135.2, 157.1, 158,
179.20 or 179.21 and the person shall exercise those powers in accordance with
the terms of the delegation.
110. (1) Subsection 134(1) of the Act is repealed
and the following substituted:
Petroleum operating
licences and authorizations
(1) The regulator may, on application made in the form and
containing the information required by the regulator, and made in the
prescribed manner, issue, in relation to petroleum-related works or activities,
(
a) an operating
licence; and
(
b) subject to
section
45, an authorization with respect to each work or activity proposed to be
carried on.
(2) Subsection 134(3) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(3) Subsection 134(4) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(4) Subsection 134(5) of the Act is repealed and
the following substituted:
(5) An authorization
shall be subject to those approvals that the regulator determines or that may
be granted in accordance with the regulations and those requirements and
deposits that the regulator determines or that may be prescribed, including
(
a) requirements
relating to liability for loss, damage, costs or expenses;
(
b) requirements for the
carrying out of environmental programs or studies;
(
c) requirements that are conditions established
under the Impact Assessment Act (Canada),
including those established under
section 64 of that Act or by regulations made
under paragraph 112( 1)( a.2) of that Act; and
(
d) requirements for the
payment of expenses incurred by the regulator in approving the design,
construction and operation of production facilities and production platforms,
as those terms are defined in the regulations.
(5) Subsection 134(7) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
111. The Act is amended by adding immediately after
section 134 the following:
Offshore
renewable energy authorizations
134.01
(1) The
regulator may, on
application containing the information required by the regulator or that may be
prescribed, issue an authorization with respect to each
work or activity proposed to be carried out in relation to an offshore
renewable energy project.
(2) On receipt by the regulator of an application
for an authorization referred to in subsection (1) or of an application to
amend an authorization, the regulator shall provide a copy of the application
to the chief safety officer.
(3) An authorization shall be subject to the terms
and conditions required by the regulator or that may be prescribed, including
terms or conditions with respect to
(
a) approvals;
(
b) deposits of money;
(
c) liability for loss, damage, costs or expenses
related to debris, as defined in subsection 179.17(1);
(
d) the carrying out of safety studies or
environmental programs or studies;
(
e) conditions established under the Impact Assessment Act (Canada),
including those established under
section 64 of that Act or by regulations made
under paragraph 112( 1)( a.2) of that Act; and
(
f) certificates of fitness and who may issue them.
subsection (3) that are required or prescribed shall be consistent with the
provisions of this Act or the regulations.
(5) The regulator may suspend or revoke an
authorization referred to in subsection (1) for failure to comply with,
contravention of or default in respect of
(
a) a term or condition determined by the regulator
in accordance with the provisions of this Part or
Part III.1 or prescribed
under either of those Parts, subject to which the authorization was issued;
(
b) a fee or charge payable in accordance with regulations
made under
section 29.1;
(
c) a requirement undertaken in a declaration
referred to in subsection 135.1(2);
(
d) subsection 135.1(3), 179.20(3) or 179.21(2);
(
e) any provision of
Part III.1; or
(
f) any applicable regulation.
112. Sections 134.1 to 134.6 of the Act are repealed
and the following substituted:
Impact assessment
134.1
(1) In
this
section and sections 134.2 to 134.6, "designated project" means
a designated project, as defined in
section 2 of the Impact Assessment Act (Canada), that is a work or activity referred
to in
section 133 or 133.01 of this Act.
(2) Where an application for an authorization made
under paragraph 134(1)(
b) or subsection 134.01(1) or an application made under
subsection 135(2) is in respect of a designated project, the regulator may not make a determination respecting that application before
(
a) the
Impact Assessment Agency of Canada decides, under subsection 16(1) of the Impact
Assessment Act (Canada) ,
that an impact assessment of that project is not required; or
(
b) the Minister of the Environment of Canada has
issued a decision statement under
section 65 of that Act.
(3) Where the Minister of the Environment of
Canada considers designating, under
section 9 of the Impact Assessment Act (Canada), a work or activity referred to in
section 133 or 133.01 of this Act, the chairperson of the regulator shall
provide the Minister of the Environment of Canada with comments respecting the
designation.
(4) Before providing the Minister of the
Environment of Canada with comments, the chairperson of the regulator may
consult with the federal minister and the provincial minister and, in that
event, the chairperson of the regulator shall consult with both ministers.
Access to
information by Impact Assessment Agency
134.2
(1) The
regulator shall provide the Impact Assessment Agency of Canada, on request and
within the period specified by the Impact Assessment Agency under subsection
13(1) of the Impact Assessment Act
(Canada), with any specialist or expert information or knowledge that the regulator
possesses.
(2) The regulator shall, on the Impact Assessment Agencys
request made under subsection 13(2) of the Impact Assessment Act
(Canada), engage the proponent of the designated project in
order to specify to the proponent the information, if any, that the Impact
Assessment Agency of Canada may require in order to exercise its powers or
perform its duties or functions with respect to that project.
(3) The chairperson of the regulator shall
provide the Impact Assessment Agency of Canada with comments for a work or
activity referred to in
section 133 or 133.01 that is the subject of a notice
posted under subsection 15(3) of the Impact Assessment Act (Canada) in order to
assist the Impact Assessment Agency of Canada in deciding whether an impact
assessment of that work or activity is required.
(4) Before providing the Impact Assessment Agency
of Canada with comments under subsection (3), the chairperson of the regulator
may consult with the federal minister and the provincial minister and, in that
event, the chairperson shall consult with both ministers.
(5) Where the Impact Assessment Agency of Canada decides
that an impact assessment of a designated project is required, the chairperson
of the regulator shall provide the Impact Assessment Agency of Canada with
comments respecting the time limits referred to in subsections 28(2) and 37(1)
of the Impact Assessment Act (Canada)
within which the impact assessment report shall be submitted to the Minister of
the Environment of Canada and within which any recommendations shall be posted
on the Internet site established by the Impact Assessment Agency of Canada.
(6) The chairperson of the regulator shall provide
the Minister of the Environment of Canada with comments respecting an extension
to the time limits that are considered under subsection 28(6) or (7) or subsection
37(3) or (4) of the Impact Assessment Act
(Canada).
(7) Before providing the Minister of the Environment
of Canada with comments under subsection (6), the chairperson of the regulator
may consult with the federal minister and the provincial minister and, in that
event, the chairperson shall consult with both ministers.
(8) Where the Impact Assessment Agency of Canada
decides that an impact assessment of a designated project is required, the regulator
shall provide the Impact Assessment Agency of Canada with comments respecting
(
a) the scope of the factors that the Impact
Assessment Agency of Canada takes into account in determining, under subsection
18(1.2) of the Impact Assessment Act
(Canada), what information or which studies it considers necessary and that it
may require from the proponent for the conduct of the impact assessment;
(
b) the information or studies that the regulator
considers necessary for the conduct of the impact assessment or preparation of
the impact assessment report , as the case may be, and
that the Impact Assessment Agency of Canada may require from the proponent
under paragraph 18(1)(a), subsections 19(3) and 26(2) and
section 38 of the Impact Assessment Act (Canada); and
(
c) whether the proponent has provided the Impact
Assessment Agency of Canada with all of the
information or studies necessary for the conduct of the impact assessment or
preparation of the impact assessment report.
Access to
information by Impact Assessment Agency or review panel
134.3 The
regulator shall provide the Impact Assessment Agency of Canada or a review
panel, on request and within the period specified by the Impact Assessment
Agency of Canada or the review panel , as the case may be,
under
section 23 of the Impact
Assessment Act (Canada), with any specialist or expert information or
knowledge that the regulator possesses.
Comments for
Impact Assessment Agency - conditions
134.4 Where
the Impact Assessment Agency of Canada or a review panel are required to make
recommendations respecting a designated project to assist the Minister of the
Environment of Canada in establishing conditions under
section 64 of the Impact Assessment Act (Canada),
including respecting mitigation measures, a follow-up program or an adaptive
management plan, the regulator shall provide the Impact Assessment Agency of
Canada or the review panel, as the case may be, with comments respecting those
conditions.
Federal
authority's obligation
134.5 Every
federal authority, as defined in
section 2 of the Impact Assessment Act (Canada), shall provide the regulator, on
request and within the period specified by the regulator, with any specialist
or expert information or knowledge that the authority possesses
and that the regulator may require in order to
(
a) decide whether to authorize a work or activity
under subsection 134(1) or 134.01(1);
(
b) decide whether to approve a development plan
under subsection 135(4) or an amendment to that plan under subsection 135(5);
(
c) conduct a regional assessment under
section
134.7 or a strategic assessment under
section 134.8.
Access to
information by authority
134.6 The
regulator shall provide an authority, as defined in
section 81 of the Impact Assessment Act (Canada), on
request and within the period specified by the authority under
section 85 of the
Impact Assessment Act (Canada), with
any specialist or expert information or knowledge that the regulator possesses
respecting a project, as defined in
section 81 of the Impact Assessment Act (Canada).
Regional
Assessments
134.7
(1) The
regulator may conduct a regional assessment of the effects of an existing or
future work or activity referred to in
section 133 or 133.01.
(2) The federal minister and the provincial minister
may enter into an agreement with a jurisdiction authorized under any other federal
or provincial legislation to conduct a regional assessment of the effects of an
existing or future work or activity referred to in
section 133 or 133.01, and may specify the time limits and terms of that
regional assessment.
Strategic
assessments
134.8
(1) The
regulator may conduct a strategic assessment of a proposed or existing policy,
plan or program respecting the offshore area or of an issue that is relevant to
an existing or future work or activity referred to in
section 133 or 133.01.
(2) The federal minister and the provincial minister
may enter into an agreement with a jurisdiction authorized under any other
federal or provincial legislation to conduct a strategic assessment of a
proposed or existing policy, plan or program respecting the offshore area or of
an issue that is relevant to an existing or future work or activity referred to
section 133 or 133.01, and may specify the time limits and terms of that
strategic assessment.
Access to
information by Impact Assessment Agency or committee
134.9 The
regulator shall provide the Impact Assessment Agency of Canada or a committee,
on request and within the period specified by the Impact Assessment Agency of
Canada or the committee under
section 100 of the Impact Assessment Act (Canada), with any specialist or expert information
or knowledge that the regulator possesses.
Comments for Minister
of the Environment of Canada
134.10 Where
the Minister of the Environment of Canada, for the purpose of a regional
assessment of the effects of an existing or future work or activity referred to
section 133 or 133.01 or for the purpose of a strategic assessment in the
offshore area, establishes the terms of reference and appoints members of a
committee or establishes the terms of reference of the Impact Assessment Agency
of Canada under
section 96 of the Impact
Assessment Act (Canada), the federal minister, the provincial minister and
the chairperson of the regulator shall provide the Minister of the Environment
of Canada with comments respecting those terms of reference or appointments.
Participant
funding program
134.11 The
regulator may establish a participant funding program to facilitate the
participation of the public and any Indigenous peoples of Canada in
consultations concerning a matter respecting the offshore area.
Right of entry
134.12
(1) Subject to subsection (4), a person may, for the purpose of
exploring for or exploiting petroleum, enter on and use a portion of the
offshore area in order to carry on a work or activity
authorized under paragraph 134(1)(b).
(2) Subject to subsection (4), a person may, for
the purpose of carrying on an offshore renewable energy project, enter on and
use a portion of the offshore area in order to carry
on a work or activity authorized under subsection 134.01(1).
(3) Subject to subsection (4), a person may enter
on and use a portion of the offshore area in order to
make contact with, alter or remove an abandoned facility where the person has
been authorized to do so under subsection 179.30(2).
(4) Where a person
occupies a portion of the offshore area under a lawful right or title, other
than an authorization under paragraph 134(1)(
b) or subsection 134.01(1) or an
interest as defined in paragraph 47(1)(j), a person may not enter on or use
that portion for a purpose referred to in subsections (1) to (3) without the
consent of the occupier or, where consent has been refused, except in
made in accordance with the regulations.
Safety
134.13
(1) The regulator shall, before issuing an authorization for a
work or activity referred to in paragraph 134(1)(b), consider the safety of the
work or activity by reviewing, in consultation with the chief safety officer,
the system as a whole and its components, including its structures, facilities,
equipment, operating procedures and personnel.
(2) The regulator shall, before a work or activity
referred to in subsection 134.01(1) commences, consider the safety of the work
or activity by reviewing, in consultation with the chief safety officer, the
system as a whole and its components, including its structures, facilities,
equipment, operating procedures and personnel.
Spill-treating
agent
134.14
(1) The regulator shall not permit the use of a spill-treating
agent in an authorization issued under paragraph 134(1)(
b) unless the regulator
determines, taking into account any prescribed factors
and any factors the regulator considers appropriate, that the use of the
spill-treating agent is likely to achieve a net environmental benefit.
(2) Subsection (1) shall
come into force and, subsection (3) shall be repealed on a day to be proclaimed
by the Lieutenant-Governor in Council.
(3) The regulator shall
not permit the use of a spill-treating agent in an authorization issued under
paragraph 134(1)(
b) unless the regulator determines that the use of the
spill-treating agent is likely to achieve a net environmental benefit.
Compliance with
certain provisions
134.15
(1) The regulator shall, before issuing an authorization for a
work or activity referred to in paragraph 134(1)(b), ensure that the applicant
has complied with the requirements of subsections 157.1(1) or (2) and 158(1) or
(1.1) in respect of that work or activity.
(2) The regulator shall ensure that an applicant
or holder of an authorization under subsection 134.01(1) has, before a date prescribed
by regulations or, in the absence of regulations, before commencing a work or
activity under that authorization, complied with the requirements of
subsections 179.20(1) and 179.21(1) in respect of that work or activity.
113. (1) Subsection 135(1) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(2) Subsection 135(2) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(3) Subsection 135(4) of the Act is amended by
deleting the word "board" wherever it appears and substituting the
word "regulator".
(4) Subsection 135(5) of the Act is amended by
deleting the word "board" and substituting the word
"regulator".
(5) Section 135 of the Act is amended by adding
immediately after subsection (6) the following:
(7) The
definitions in
section 162 also apply in
subsections (8) to (13).
(8) Notwithstanding
subsection (4), the regulator shall not approve a development plan submitted
for approval in respect of a work or activity to be carried out in a
transboundary pool that is the subject of a joint exploitation agreement unless
the appropriate authority has agreed to its content.
(9) The
approval of
Part I of a development plan for a work or activity to be carried
out in a transboundary pool is subject to sections 31 to 40, or, in respect of a
transboundary pool extending into the jurisdiction of a foreign government, to
the consent of the federal minister in consultation with the provincial minister,
and any requirements that the regulator and appropriate authority have agreed
are appropriate or that may be prescribed.
(10) In
the case of a disagreement about the content of the development plan submitted
for approval for a work or activity to be carried out in a transboundary pool,
or any of the requirements referred to in subsection (8) or (9), the
appropriate authority or the regulator or, in respect of a transboundary pool
extending into the jurisdiction of a foreign government, the federal minister
after having consulted the Minister of Foreign Affairs of Canada and the
provincial minister, may refer the matter to an expert in accordance with
section 179.16.
(11) A submission to an expert by the regulator regarding
Part I of the development
plan submitted for approval in respect a work or activity to be carried out in a
transboundary pool is subject to sections 31 to 40, or, in respect of a
transboundary pool extending into the jurisdiction of a foreign government, the
approval of the federal minister in consultation with the provincial minister.
(12) Where
a development plan submitted for approval in
respect a work or activity to be carried out in a transboundary
pool has been referred to an expert under subsection (10), for the purposes of
this section, the experts decision shall be considered to be the regulator's
approval of the plan and the federal minister and provincial minister's
approval of
Part I of that plan, or, in the case of a transboundary pool extending
into the jurisdiction of a foreign government, the approval of only the federal
minister.
(13) Subsections
(7) to (12) apply, with the necessary modifications, to a proposed amendment to
a development plan to which a work or activity in a transboundary pool relates
or to a requirement to which the approval of the plan is subject.
Section 135.1 of the Act is repealed and the
following substituted:
Declaration by
applicant or holder of authorization
135.1
(1) The
regulator shall not issue an authorization under paragraph 134(1)(
b) unless the
regulator has received, from the applicant for the
authorization, a declaration in the form fixed by the regulator that states
that
(
a) the equipment and installations that are to be
used in the work or activity to be authorized are fit for the purpose for which
they are to be used, the operating procedures relating to them are appropriate
for those uses, and the personnel who are to be employed in connection with
them are qualified and competent for their employment; and
(
b) the applicant shall ensure, so long as the
work or activity that is authorized continues, that the equipment and
installations continue to be appropriate for those uses, and the personnel
continue to be so qualified and competent.
(2) An applicant or holder of an authorization
under subsection 134.01(1) shall, prior to a date determined by regulations or,
in the absence of regulations, by the regulator, provide the regula