Fourth

Session, 47th General Assembly

Elizabeth II, 2015

BILL 2

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 DERRICK DALLEY

Minister of Natural Resources

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would amend the Canada-Newfoundland and Labrador Atlantic

Accord Implementation Newfoundland and Labrador Act to establish a new

regime related to offshore oil and gas liability.

A BILL

AN ACT TO AMEND THE CANADA-NEWFOUNDLAND AND

LABRADOR ATLANTIC ACCORD IMPLEMENTATION NEWFOUNDLAND

AND LABRADOR ACT

Analysis

1. S.2 Amdt.

Definitions

2. S.7 Amdt.

Approval of federal minister before making of regulations

3. S.29.1 R&S

Regulations

4. S.44 Amdt.

Public review

5. Ss.44.1 to 44.4 Added

44.1 Public hearing

44.2 Confidentiality

44.3 Confidentiality -

security

44.4 Exception

6. S.75 Amdt.

Drilling orders

7. S.115 Amdt.

Interpretation

8. S.115.1 Added

Notice of disclosure

9. S.131.1 Amdt.

Purpose

10. S.133.1 R&S

Delegation of board's powers

11. Ss.134 to 134.3 R&S

134. Licences and

authorizations

134.1 Environmental as sessment

134.2 Participant funding

program

134.3 Right of entry

134.4 Safety

134.5 Net environmental

benefit

134.6 Compliance with

certain provisions

12. S.145 Amdt.

Regulatory power

13. S.147 Amdt.

Guidelines and

interpretation notes

14. S.155 Amdt.

Definitions re petroleum spills

15. Ss.156.1 & 156.2 Added

156.1 Spill-treating agent

156.2 Scientific research

16. S.157 Amdt.

Recovery of loss, etc.

17. S.157.1 Added

Proof of financial resources

18. S.158 Amdt.

Financial responsibility

19. S.158.1 Added

Lesser amount

20. S.190 Amdt.

Offences

21. Ss.190.2 to 190.5 Rep.

190.2 Imprisonment

precluded in certain

cases

190.3 Orders of court

190.4 Variation of order

190.5 Subsequent

applications with

leave

22. S.192 R&S

192 Order of court

192.1 Variation of

sanctions

192.2 Subsequent

applications with

leave

192.3 Recovery of fines

and amounts

23. Ss.198.2 to 198.22 Added

198.2 Regulations

198.3 Powers

198.4 Commission of

violation

198.5 Liability of

directors, officers,

etc.

198.6 Proof of violation

198.7 Issuance and service

of notice of

violation

198.8 Certain defences not

available

198.9 Continuing

violation

198.10 Violation or offence

198.11 Limitation period

198.12 Right to request

review

198.13 Correction or

cancellation of

notice of violation

198.14 Review

198.15 Object of review

198.16 Burden of proof

198.17 Payment

198.18 Failure to act

198.19 Debt due the

Crown

198.20 Certificate

198.21 Admissibility of

documents

198.22 Publication

Part IV Rep.

THE OFFSHORE DEVELOPMENT FUND

25. Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cC-2

as amended

Section 2 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation

Newfoundland and Labrador Act is amended by deleting the word "and"

at the end of paragraph (s), by deleting the period at the end of paragraph (

t) and substituting a semi-colon, and the word "and" and by adding

immediately after that paragraph the following:

(u) "spill-treating agent", except in

section 156.2, means a spill-treating agent that is on the list established

under

section 14.2 of the Canada Oil and

Gas Operations Act .

2. 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

section 29.1, subsection 41(7),

section 63,

subsection 66(2), sections 114, 118, 121 or 145, subsection 155(4), subsections

157(2.3), 158(1.2) 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.

Section 29.1 of the Act is repealed and the

following substituted:

Regulations

29.1

(1) Subject

section 7, the Lieutenant-Governor in Council may make regulations

respecting

(

a) the fees or charges, or the method of

calculating the fees or charges, to be paid for the provision, by the board, of

a service or a product under this Act;

(

b) the fees or charges, or the method of

calculating the fees or charges, in respect of any of the board's activities

under this Act or under the Canadian

Environmental Assessment Act, 2012, that are paid by

(

i) a person who makes an application for an

authorization under paragraph 134(1)(

b) 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);

and

(

c) the refund of all or part of a fee or charge

referred to in paragraph (

a) or (b), or the method of calculating that refund.

(2) The amount of the fees or charges referred to

in paragraph (1)(

a) shall not exceed the cost of providing the services or

products.

(3) The amounts of the fees or charges referred to

in paragraph (1)(

b) shall not exceed the cost of the board's activities under

this Act or under the Canadian Environmental

Assessment Act, 2012 .

4. Subsection 44(1) of the Act is repealed and the

following substituted:

Public review

(1) Subject

to a directive issued under subsection 42(1), the board shall conduct a public

review in relation to a potential development of a pool or field unless the

board is of the opinion that it is not required on a ground the board considers

to be in the public interest.

5. The Act is amended by adding immediately after

section 44 the following:

Public hearing

44.1 The

board 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 as a responsible

authority as defined in subsection 2(1) of the Canadian Environmental Assessment Act, 2012.

Confidentiality

44.2 At

a public hearing conducted under

section 44.1, the board may take any measures

and make any order that it considers necessary to ensure the confidentiality of

any information likely to be disclosed at the hearing if the board is satisfied

that

(

a) disclosure of the information could reasonably

be expected to result in a material loss or gain to a person directly affected

by the hearing, or to prejudice the person's competitive position, and the

potential harm resulting from the disclosure outweighs the public interest in

making the disclosure; or

(

b) the information is financial, commercial,

scientific or technical information that is confidential information supplied

to the board and

(

i) the information has been consistently treated

as confidential information by a person directly affected by the hearing, and

(ii) the person's interest in confidentiality

outweighs the public interest in its disclosure.

Confidentiality -

security

44.3 At

a public hearing conducted under

section 44.1, the board may take any measures

and make any order that it considers necessary to ensure the confidentiality of

information that is likely to be disclosed at the hearing if the board is

satisfied that

(

a) there is a real and substantial risk that

disclosure of the information will impair the security of pipelines, as defined

section 131, installations, vessels, aircraft or systems, including computer

or communication systems, or methods employed to protect them; and

(

b) the need to prevent disclosure of the

information outweighs the public interest in its disclosure.

Exception

44.4 The

board shall not take any measures or make any order under

section 44.2 or 44.3

in respect of information or documentation referred to in paragraphs 115(5)(

a) to (

e) and (i).

6. Subsection 75(2) of the Act is repealed and the

following substituted:

(2) Notwithstanding subsection (1), an order may

not be made under subsection (1) with respect to an interest owner who has completed

a well on the relevant portion of the offshore area within 6 months after the

completion of that well.

7. (1) Paragraph 115(1)(

k) of the Act is

repealed and the following substituted:

(k) "well termination date" means the

date on which a well has been abandoned, completed or suspended in accordance

with applicable regulations respecting the drilling for petroleum made under

Part III.

(2) Section 115 of the Act is amended by adding

immediately after subsection (5) the following:

(6) The board 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, that deals primarily with

a petroleum-related work or activity, including the exploration for and the

management, administration and exploitation of petroleum resources, if

(

a) the government or agency undertakes to keep

the information or documentation confidential and not to disclose it without

the board's written consent;

(

b) the information and documentation is disclosed

in accordance with any conditions agreed to by the board 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.

(7) The board may disclose to the federal minister

and the provincial minister the information or documentation that it has disclosed

or intends to disclose under subsection (6), but the federal minister and the provincial

minister are not to further disclose the information or documentation unless

the board consents in writing to that disclosure or the federal minister or the

provincial minister is required by

an Act of Parliament of Canada or

an Act of

the Legislature to disclose that information or documentation.

(8) For the purposes of paragraph (6)(

a) and

subsection (7), the board may consent to the further disclosure of information

or documentation only if the board itself is authorized under this

section to

disclose it.

(9) Subsection (2) does not apply in respect of

information regarding the applicant for an operating licence or authorization

under subsection 134(1) or the scope, purpose, location, timing and nature of

the proposed work or activity for which the licence or authorization is sought.

(10) Subsection (2) does not apply in respect of

information or documentation provided for the purposes of a public hearing conducted

under

section 44.1.

(11) Subject to

section 115.1, the board may

disclose 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 to an operating

licence or authorization that is issued under that subsection or provided in accordance

with any regulations made under this Part or

Part III, however the board is not permitted to disclose

information or documentation if the board 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 his, her or

its 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, 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.

(12) Subsections (9) to (11) do not apply in

respect of information or documentation described in paragraphs (5)(

a) to (

e) and (i).

8. The Act is amended by adding immediately after

section 115 the following:

Notice of disclosure

115.1

(1) If

the board intends to disclose any information or documentation under subsection

115(11), the board shall make every reasonable effort to give the person who

provided it written notice of the board's intention to disclose it.

(2) A person to whom a notice is required to be

given under subsection (1) may waive the requirement, and if he, she or it has consented

to the disclosure, he, she or it is considered to have waived the requirement.

(3) A notice given under subsection (1) shall include

(

a) a statement that the board intends to disclose

information or documentation under subsection 115(11);

(

b) a description of the information or

documentation that was provided by the person to whom the notice is given; and

(

c) a statement that the person may, within 20

days after the day on which the notice is given, make written representations

to the board as to why the information or documentation, or a portion of it,

should not be disclosed.

(4) If a notice is given to a person under subsection

(1), the board shall

(

a) give the person the opportunity to make,

within 20 days after the day on which the notice is given, written

representations to the board as to why the information or documentation, or a

portion of it, should not be disclosed; and

(

b) after the person has had the opportunity to

make representations, but no later than 30 days after the day on which the

notice is given, make a decision as to whether or not to disclose the

information or documentation and give written notice of the decision to the

person.

(5) A notice given under paragraph (4)(

b) of a

decision to disclose information or documentation shall include

(

a) a statement that the person to whom the notice

is given may request a review of the decision under subsection (7) within 20

days after the day on which the notice is given; and

(

b) a statement that if a review is not requested

under subsection (7) within 20 days after the day on which the notice is given,

the board shall disclose the information or documentation.

(6) If, under paragraph (4)(b), the board decides

to disclose the information or documentation, the board shall disclose it on

the expiry of 20 days after the day on which a notice is given under that paragraph,

unless a review of the decision is requested under subsection (7).

(7) A person to whom the board is required under

paragraph (4)(

b) to give a notice of a decision to disclose information or documentation

may, within 20 days after the day on which the notice is given, apply to the

Trial Division for a review of the decision.

(8) An application made under subsection (7) shall

be heard and determined in a

summary way in accordance with the applicable

rules of practice and procedure of that court.

(9) In a proceeding arising from an application

under subsection (7), the Trial Division shall take every reasonable

precaution, including, when appropriate, conducting hearings in private, to

avoid the disclosure by the court or any person of any information or documentation

that, under this Act, is privileged or is not to be disclosed.

Section 131.1 of the Act is amended by adding

immediately after paragraph (

b) the following:

(b.1) accountability in accordance with the

"polluter pays" principle;

Section 133.1 of the Act is repealed and the

following substituted:

Delegation of

board's powers

133.1 The

board may delegate to a person any of the board's powers under

section 134,

134.4, 134.6, 135.1, 135.2, 157.1 or 158, and the person shall exercise those

powers in accordance with the terms of the delegation.

11. Sections 134 to 134.3 of the Act are repealed

and the following substituted:

Licences and authorizations

(1) The

board may, on application made in the form and containing the information fixed

by it, and made in the prescribed manner, issue

(

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) An operating licence expires on March 31

immediately after the day on which it is issued and may be renewed for

successive periods not exceeding one year each.

(3) An operating licence is subject to any

requirements that are determined by the board or that are prescribed and to any

deposits that are prescribed.

(4) On receipt by the board of an application for

an authorization for a work or activity referred to in paragraph (1)(

b) or of

an application to amend such an authorization, the board shall provide a copy

of the application to the chief safety officer.

(5) An authorization shall be subject to those approvals

that the board determines or that may be granted in accordance with the regulations

and those requirements and deposits that the board 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; and

(

c) requirements for the payment of expenses

incurred by the board in approving the design, construction and operation of production

facilities and production platforms, as those terms are defined in the

regulations.

(6) The approvals, requirements and deposits that

are determined, granted or prescribed shall not be inconsistent with the provisions

of this Act or the regulations.

(7) The board may suspend or revoke an operating

licence or an authorization for failure to comply with, contravention of or

default in respect of

(

a) a requirement, approval or deposit, determined

by the board in accordance with the provisions of this Part or

Part III.1 or

granted or prescribed by regulations made under either of those Parts, subject

to which the licence or 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(1);

(

d) subsection 135.1(3), 135.2(2), 157.1(4) or

(5) or 158(1.3), (1.4) or (5);

(

e) any provision of

Part III.1; or

(

f) applicable regulations.

Environmental

assessment

134.1

(1) If

an application for an authorization under paragraph 134(1)(

b) or an application

made under subsection 135(2) is in respect of a physical activity described in

subsection (2), the board shall issue a decision statement referred to in

section 54 of the Canadian Environmental

Assessment Act, 2012 in respect of the physical activity within 12 months

after the day on which the applicant has, in the board's opinion, provided a

complete application.

(2) The physical activity in question is a

physical activity that:

(

a) is carried out in the offshore area;

(

b) is designated by regulations made under

paragraph 84(

a) of the Canadian

Environmental Assessment Act, 2012 or in an order made under subsection

14(2) of that Act;

(

c) is one for which the board is the responsible

authority as defined in subsection 2(1) of that Act; and

(

d) is one in relation to which an environmental

assessment was not referred to a review panel under

section 38 of that Act.

(3) The physical activity referred to in

subsection (2) includes any physical activity that is incidental to the

physical activity described in paragraphs (2)(

a) to (d).

(4) If the board requires the applicant to provide

information or undertake a study with respect to the physical activity, the

period that is taken by the applicant, in the board's opinion, to comply with

the requirement is not included in the calculation of the period referred to in

subsection (1).

(5) The board shall, without delay, make public

(

a) the date on which the 12 month period referred

to in subsection (1) begins; and

(

b) the dates on which the period referred to in

subsection (4) begins and ends.

Participant

funding program

134.2 The

board may establish a participant funding program to facilitate the

participation of the public in the environmental assessment as defined in

subsection 2(1) of the Canadian

Environmental Assessment Act, 2012 of any physical activity described in

subsection 134.1(2) that meets the condition set out in paragraph 58(1)(

a) of

that Act and that is the subject of an application for an authorization under

paragraph 134(1)(

b) or an application made under subsection 135(2).

Right of entry

134.3

(1) Subject

to subsection (2), 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) 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 an interest as defined in

Part II, a person may not enter on or

use that portion for a purpose referred to in subsection (1) without the

consent of the occupier or, where consent has been refused, except in

made in accordance with the regulations.

SAFETY OF WORKS AND ACTIVITIES

Safety

134.4 The board 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.

SPILL-TREATING AGENT

Net environmental

benefit

134.5

(1) The

board shall not permit the use of a spill-treating agent in an authorization

issued under paragraph 134(1)(

b) unless the board determines, taking into

account any prescribed factors and any factors the board 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 Board shall not permit the use of a spill-treating

agent in an authorization issued under paragraph 134(1)(

b) unless the board

determines that the use of the spill-treating agent is likely to achieve a net

environmental benefit.

FINANCIAL REQUIREMENTS

Compliance with certain

provisions

134.6 The board 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.

12. Subsection 145(1) of the Act is repealed and

the following substituted:

Regulatory power

(1) Subject

section 7, the Lieutenant-Governor in Council may make regulations for the

purpose of safety, the protection of the environment and accountability as well

as for the production and conservation of petroleum resources

(

a) defining "oil" and "gas"

for the purpose of Divisions I and II, "installation" and

"equipment" for the purpose of

section 135.1 and 135.2 and

"serious" for the purpose of

section 161;

(

b) concerning the exploration and drilling for,

and the production, processing and transportation of, petroleum and works and

activities related to that exploration, drilling, production, processing and

transportation;

(

c) concerning the measures to be taken in

preparation for or in the case of a spill, as defined in subsection 155(1),

including measures concerning the use of a spill-treating agent;

(

d) concerning the process for the determination of

net environmental benefit;

(

e) concerning the variation or revocation of an

approval referred to in subsection 156.1(1);

(

f) authorizing the board, or a person, to make

those orders that may be specified in the regulations, and to exercise those

powers and perform those duties that may be necessary for

(

i) the management and control of petroleum

production,

(ii) the removal of petroleum from the offshore

area, and

(iii) the design, construction, operation or

abandonment of pipeline within the offshore area;

(

g) concerning arbitration for the purpose of

subsection 134.3(2), including the costs of or incurred in relation to those

arbitrations;

(

h) concerning the approvals to be granted as

conditions of authorizations issued under paragraph 134(1)(b);

(

i) concerning certificates for the purpose of

section 135.2;

(

j) prohibiting the introduction into the

environment of substances, classes of substances and forms of energy, in prescribed

circumstances;

(

k) authorizing the discharge, emission or escape

of petroleum for the purpose of subsection 155(1) in the quantities, at the

locations, under the conditions and by the persons that may be specified in the

regulations;

(

l) establishing the requirements for a pooled

fund for the purpose of subsection 158(1.1);

(

m) concerning the circumstances under which the

board may make a recommendation for the purpose of subsection 158.1(1) and the information to be submitted

with respect to that recommendation;

(

n) concerning the creation, conservation and

production of records; and

(

o) prescribing anything that is required to be

prescribed for the purpose of this Part.

13. Subsection 147(1) of the Act is repealed and

the following substituted:

Guidelines and

interpretation notes

(1) The

board may issue and publish, in any manner that the board considers

appropriate, guidelines and

interpretation notes with respect to the

application and administration of sections 45, 134 and 135 and subsection

158(1.1) and any regulations made under

section 29.1 and 145.

14. Subsections 155(1) to (3) of the Act are

repealed and the following substituted:

Definitions re

petroleum spills

(1) In

sections 156 to 161, "spill" means a discharge, emission or escape of

petroleum, other than one that is authorized under

section 156.2, the

regulations or a federal law but does not include a discharge from a vessel to

which

Part 8 or 9 of the Canada Shipping

Act, 2001 applies or from a ship to which

Part 6 of the Marine Liability Act (Canada) applies.

(2) In

section 157, "actual loss or

damage" includes loss of income, including future income, and, with

respect to aboriginal peoples of Canada ,

includes loss of hunting, fishing and gathering opportunities, but does not

include loss of income recoverable under subsection 42(3) of the Fisheries Act ( Canada ).

(3) In sections 157, 158 and 161,

"debris" means an installation or structure that was put in place in

the course of any work or activity required to be authorized under paragraph

134(1)(

b) and that has been abandoned without an authorization that may be

required by or under this Part or any material that has broken away or has been

jettisoned or displaced in the course of that work or activity.

15. The Act is amended by adding immediately after

section 156 the following:

Spill-treating

agent

156.1

(1) The provisions referred to in

Schedule 1 of the federal Act do not apply to the

deposit of a spill-treating agent and those referred to in

Schedule 2 of the

federal Act do not apply in respect of any harm that is caused by the

spill-treating agent or by the interaction between the spill-treating agent and

the spilled oil, if

(

a) the authorization issued under paragraph

134(1)(

b) permits the use of the spill-treating agent;

(

b) other than in the case of a small-scale test

that meets the prescribed requirements, the chief conservation officer approves

in writing the use of the agent in

response to the spill and it is used in accordance with any requirements set

out in the approval;

(

c) the agent is used for the purpose of

subsection 156(3) or (4); and

(

d) the agent is used in accordance with the

regulations.

(2) The provisions referred to in

Schedule 2 of

the federal Act continue to apply to the holder of an authorization referred to

in paragraph (1)(

a) in respect of any harm that is caused by the spill or, notwithstanding subsection (1), by the interaction between

the spill-treating agent and the spilled oil.

(3) Other than in the case of a small-scale test,

the chief conservation officer shall not approve the use a spill-treating agent

unless the chief conservation officer determines, taking into account any factors

prescribed in regulations and any factors the chief conservation officer considers

appropriate, that the use of the spill-treating agent is likely to achieve a

net environmental benefit.

(4) Subsections (1) to (3) shall come into force,

and subsections (5) to (7) shall be repealed on a day to be proclaimed by the

Lieutenant-Governor in Council.

(5) The provisions referred to in

Schedule 1 of

the federal Act do not apply to the deposit of a spill-treating agent and those

referred to in

Schedule 2 of the federal Act do not apply in respect of any

harm that is caused by the spill-treating agent or by the interaction between

the spill-treating agent and the spilled oil, if

(

a) the authorization issued under paragraph

134(1)(

b) permits the use of the spill-treating agent;

(

b) the chief conservation officer approves the

use of the agent in response to the spill and it is used in accordance with any

requirements set out in the approval; and

(

c) the agent is used for the purpose of

subsection 156(3) or (4).

(6) The provisions referred to in

Schedule 2 of

the federal Act continue to apply to the holder of an authorization referred to

in paragraph (1)(

a) in respect of any harm that is caused by the spill or, notwithstanding subsection (1), by the interaction between

the spill-treating agent and the spilled oil.

(7) Other than in the case of a small-scale test,

the approval required under paragraph (1)(

b) shall be in writing and shall not

be granted unless

(

a) the chief conservation officer has consulted

with the provincial minister and the federal minister;

(

b) the federal minister has consulted with the

federal minister of Environment with respect to the approval; and

(

c) the chief conservation officer determines that the use of the agent

is likely to achieve a net environmental benefit.

Scientific

research

156.2 The

provincial minister may grant approval for the deposit of a spill-treating

agent, oil or oil surrogate where

(

a) the deposit is for the purpose of a particular

research project pertaining to the use of a spill-treating agent in mitigating

the environmental impacts of a spill; and

(

b) the federal minister requested the approval of

the provincial minister.

16. (1) Paragraphs 157(1)(

a) and (

b) of the

Act are repealed and the following substituted:

(

a) all persons to whose fault or negligence the

spill or the authorized discharge, emission or escape of petroleum is attributable

or who are by law responsible for others to whose fault or negligence the spill

or the authorized discharge, emission or escape of petroleum is attributable

are jointly and severally liable, to the extent determined according to the degree

of the fault or negligence proved against them, for

(

i) all actual loss or damage incurred by a person

as a result of the spill or the authorized discharge, emission or escape of

petroleum or as a result of any action or measure taken in relation to the spill

or the authorized discharge, emission or escape of petroleum,

(ii) the costs and expenses reasonably incurred by

the board or the Crown in right of Canada or the province or another person in

taking any action or measure in relation to the spill or the authorized

discharge, emission or escape of petroleum, and

(iii) all loss of non-use value relating to a public

resource that is affected by a spill or the authorized discharge, emission or

escape of petroleum or as a result of any action or measure taken in relation

to the spill or the authorized discharge, emission or escape of petroleum; and

(

b) the person who is required to obtain an

authorization under paragraph 134(1)(

b) in

respect of the work or activity from which the spill or the authorized discharge,

emission or escape of petroleum emanated is liable, without proof of fault or

negligence, up to the applicable limit of liability that is set out in

subsection (2.2) for the actual loss or damage, the costs and expenses and the

loss of non-use value described in subparagraphs (a)(

i) to (iii).

(2) Subsections 157(2) to (4) of the Act are

repealed and the following substituted:

(2) If, as a result of debris or as a result of

any action or measure taken in relation to debris, there is a loss of non-use

value relating to a public resource or any person incurs actual loss or damage

or if the board or the Crown in right of Canada or the province reasonably incurs

any costs or expenses in taking any action or measure in relation to debris,

(

a) all persons to whose fault or negligence the

debris is attributable or who are by law responsible for others to whose fault

or negligence the debris is attributable are jointly and severally liable, to

the extent determined according to the degree of the fault or negligence proved

against them, for that loss, actual loss or damage and for those costs and expenses;

and

(

b) the person who is required to obtain an

authorization under paragraph 134(1)(

b) in respect of the work or activity from

which the debris originated is liable, without proof of fault or negligence, up

to the applicable limit of liability that is set out in subsection (2.2), for

that loss, actual loss or damage, and for those costs and expenses.

(2.1) A person who is required to obtain an authorization

under paragraph 134(1)(

b) and who retains, to carry out a work or activity in

respect of which the authorization is required, the services of a contractor to

whom paragraph (1)(

a) or (2)(

a) applies is jointly and severally liable with

that contractor for any actual loss or damage, costs and expenses and loss of

non-use value described in subparagraphs (1)(a)(

i) to (iii) and subsection (2).

(2.2) For the purpose of paragraphs (1)(

b) and 2(b),

the limits of liability are

(

a) in respect of any area of land or submarine

area referred to in paragraph 6(1)(

a) of the Artic Waters Pollution Prevention Act (Canada), the amount by which

$1 billion exceeds the amount prescribed under

section 9 of that Act in respect

of any activity or undertaking engaged in or carried on by any person described

in paragraph 6(1)(

a) of that Act; and

(

b) in respect of any area to which this Act

applies and to which paragraph (

a) does not apply, the amount of $1 billion.

(2.3) Subject to

section 7, the Lieutenant-Governor in

Council may, by regulation, increase the amounts referred to in subsection

(2.2).

(2.4) If a person is liable under paragraph (1)(

b) or (2)(

b) with respect to an occurrence and the person is also liable under any

other Act, without proof of fault or negligence, for the same occurrence, the

person is liable up to the greater of the applicable limit that is set out in

subsection (2.2) and the limit up to which the person is liable under the other

Act and where the other Act does not set out a limit of liability, the limits

set out in subsection (2.2) do not apply.

(2.5) Only the Crown in right of Canada or the province may bring an

action to recover a loss of non-use value described in subsections (1) and (2).

(3) All claims under this

section may be sued for

and recovered in any court of competent jurisdiction in Canada and shall rank

(

a) firstly, without preference, in favour of

persons incurring actual loss or damage described in subsections (1) and (2);

(

b) secondly, without preference, to meet any

costs and expenses described in those subsections; and

(

c) lastly, to recover a loss of non-use value

described in those subsections.

(4) Subject to subsection (2.5), nothing in this

section suspends or limits

(

a) a legal liability or remedy for

an act or

omission by reason only that the act or omission is an offence under this Division

or gives rise to liability under this section;

(

b) a recourse, indemnity or relief available at

law to a person who is liable under this

section against another person; or

(

c) the operation of an applicable law or rule of

law that is consistent with this section.

17. The Act is amended by adding immediately after

section 157 the following:

Proof of

financial resources

157.1

(1) An

applicant for an authorization under paragraph 134(1)(

b) for the drilling for

or development or production of petroleum shall provide proof, in the

prescribed form and manner, that it has the financial resources necessary to

pay the greatest of the amounts of the limits of liability referred to in

subsection 157(2.2) that apply to it, however if the board considers it

necessary, it may determine a greater amount and require proof that the

applicant has the financial resources to pay that greater amount.

(2) An applicant for an authorization under

paragraph 134(1)(

b) for any other work or activity shall provide proof, in the

prescribed form and manner, that it has the financial resources necessary to

pay an amount that is determined by the board.

(3) When the board determines an amount under

subsection (1) or (2), the board is not required to consider any potential loss

of non-use value relating to a public resource that is affected by a spill or

the authorized discharge, emission or escape of petroleum or as a result of

debris.

(4) The holder of an authorization under paragraph

134(1)(

b) shall ensure that the proof referred to in subsections (1) and

(2) remains in force for the duration of the work or activity in respect of which

the authorization is issued.

(5) The holder of an authorization under paragraph

134(1)(

b) shall also ensure that the proof referred to in subsection

(1) remains in force for a period of one year beginning on the day on which the

board notifies the holder that it has accepted a report submitted by the holder

indicating that the last well in respect of which the authorization is issued

is abandoned.

(6) The board may reduce the period referred to in

subsection (5) and may decide that the proof that is to remain in force during

that period is proof that the holder has the financial resources necessary to

pay an amount that is less than the amount referred to in subsection (1) and

that is determined by the board.

18. (1) Subsections 158(1) to (2) of the Act are

repealed and the following substituted:

Financial responsibility

(1) An

applicant for an authorization under paragraph 134(1)(

b) shall provide proof of

financial responsibility in the form of a letter of credit, guarantee or

indemnity bond or in any other form satisfactory to the board,

(

a) in the case of the drilling for or development

or production of petroleum in the offshore area, in the amount of $100 million

or, if the board considers it necessary, in a greater amount that it

determines; or

(

b) in any other case, in an amount that is

satisfactory to, and determined by, the board.

(1.1) An applicant to which paragraph (1)(

a) applies

may, rather than provide proof of financial responsibility in the amount

referred to in that paragraph, provide proof that it participates in a pooled

fund that is established by the oil and gas industry, that is maintained at a

minimum of $250 million and that meets any other requirements that are

established by regulation.

(1.2) Subject to

section 7, the Lieutenant-Governor

in Council may, by regulation, increase the amount referred to in subsection

(1.1).

(1.3) The holder of an authorization under paragraph

134(1)(

b) shall ensure that the proof of financial responsibility referred to

in subsection (1) or (1.1) remains in force for the duration of the work or activity

in respect of which the authorization is issued.

(1.4) The holder of an authorization under paragraph

134(1)(

b) shall also ensure that the proof referred to in paragraph (1)(

a) or

subsection (1.1) remains in force for a period of one year beginning on the day

on which the board notifies the holder that it has accepted a report submitted

by the holder indicating that the last well in respect of which the authorization

is issued is abandoned.

(1.5) The

board may reduce the period referred to in subsection (1.4) and may decide,

other than in the case of a holder that participates in a pooled fund, that the

proof that is to remain in force during that period is for an amount that is

less than the amount referred to in paragraph (1)(

a) and that is determined by

the board.

(2) The board may require that moneys in an amount

not exceeding the amount prescribed for any case or class of cases, or determined

by the board in the absence of regulations, be paid out of the funds available

under the letter of credit, guarantee or indemnity bond or other form of

financial responsibility provided under subsection (1), or be paid out of the

pooled fund referred to in subsection (1.1), in respect of any claim for which

proceedings may be instituted under

section 157, whether or not those proceedings

have been instituted.

(2) Section 158 of the Act is amended by adding

immediately after subsection (4) the following:

(5) The holder of an authorization under paragraph

134(1)(

b) that is liable for a discharge, emission or escape of petroleum that

is authorized by regulation or for any spill or debris in respect of which a

payment has been made under subsection (2) out of the pooled fund, shall

reimburse the amount of the payment in the prescribed manner.

19. The Act is amended by adding immediately after

section 158 the following:

Lesser amount

158.1

(1) The

provincial minister may, by order, on the recommendation of the board and with

the federal minister's approval, approve an amount that is less than the amount

referred to in paragraph 157(2.2)(

a) or (

b) or 158(1)(

a) in respect of an

applicant for, or a holder of, an authorization under paragraph 134(1)(b).

(2) If the provincial minister approves an amount

that is less than the amount referred to in paragraph 157(2.2)(

a) or (

b) in

respect of an applicant for an authorization under paragraph 134(1)(b), that

applicant, for the purposes of subsection 157.1(1), shall only provide proof

that it has the financial resources necessary to pay the adjusted amount

approved by the provincial minister.

(3) An applicant for an authorization under paragraph 134(1)(

b) does not contravene

paragraph 158(1)(

a) if that applicant provides proof of financial

responsibility in the amount that is approved by the provincial minister under

this section.

20. Subsections 190(3) and (4) of the Act are

repealed and the following substituted:

(3) In addition to the principles and factors that

the court is otherwise required to consider, including those set out in sections

718.1 to 718.21 of the Criminal Code ,

the court shall consider the following principles when sentencing a person who

is found guilty of an offence under this Part:

(

a) the amount of the fine should be increased to

account for every aggravating factor associated with the offence, including the

aggravating factors set out in subsection (4); and

(

b) the amount of the fine should reflect the

gravity of each aggravating factor associated with the offence.

(4) The aggravating factors are as follows:

(

a) the offence caused harm or risk of harm to

human health or safety;

(

b) the offence caused damage or risk of damage to

the environment or to environmental quality;

(

c) the offence caused damage or risk of damage to

any unique, rare, particularly important or vulnerable component of the

environment;

(

d) the damage or harm caused by the offence is

extensive, persistent or irreparable;

(

e) the offender committed the offence

intentionally or recklessly;

(

f) the offender failed to take reasonable steps

to prevent the commission of the offence;

(

g) by committing the offence or failing to take

action to prevent the commission, the offender increased his, her or its revenue

or decreased his, her or its costs or intended to increase his, her

or its revenue or decrease his, her or its

costs;

(

h) the offender has a history of non-compliance

with federal or provincial legislation that relates to safety or environmental

conservation or protection; and

(

i) after the commission of the offence, the

offender

(

i) attempted to conceal its commission,

(ii) failed to take prompt action to prevent,

mitigate or remediate its effects, or

(iii) failed to take prompt action to reduce the

risk of committing similar offences in the future.

(5) The absence of an aggravating factor set out

in subsection (4) is not a mitigating factor.

(6) For the purposes of paragraphs (4)(

b) to (d),

"damage" includes loss of use value and non-use value.

(7) If the court is satisfied of the existence of

one or more of the aggravating factors set out in subsection (4) but decides

not to increase the amount of the fine because of that factor, the court shall

give reasons for that decision.

(8) Where a person establishes that he or she

exercised due diligence to prevent the commission of an offence the person

shall not be found guilty of that offence.

(9) Notwithstanding subsection 149(1), a person

does not commit an offence under subsection 149(1) by reason of committing

waste as defined in paragraph 149(2)(

f) or (

g) unless that person has been

ordered by the committee to take measures to prevent the waste and has failed

to comply.

21. Sections 190.2 to 190.5 of the Act are

repealed.

Section 192 of the Act is repealed and the

following substituted:

Order of court

(1) If

a person is found guilty of an offence under this Part, the court may, having

regard to the nature of the offence and the circumstances surrounding its

commission, in addition to any other punishment that may be imposed under this

Part, make an order that has any or all of the following effects:

(

a) prohibiting the offender from committing an

act or engaging in an activity that may, in the opinion of the court, result in

the continuation or repetition of the offence;

(

b) directing the offender to take any action that

the court considers appropriate to remedy or avoid any harm to the environment

that results or may result from the act or omission that constituted the

offence;

(

c) directing the offender to take measures that

the court considers appropriate to avoid injury or damage that may result from

the act or omission that constituted the offence, or to remedy injury or damage

resulting from it;

(

d) directing the offender to carry out

environmental effects monitoring in the manner established by the board or

directing the offender to pay, in the manner specified by the court, an amount

of money for the purposes of environmental effects monitoring;

(

e) directing the offender to make changes to his

or her environmental management system that are satisfactory to the board;

(

f) directing the offender to have an

environmental audit conducted by a person of a class and at the times specified

by the board and directing the offender to remedy any deficiencies revealed

during the audit;

(

g) directing the offender to pay to the Crown,

for the purpose of promoting the conservation, protection or restoration of the

environment, or to pay into the consolidated revenue fund an amount of money

that the court considers appropriate;

(

h) directing the offender to pay to the board an

amount of money that the court considers appropriate for the purpose of

conducting research, education and training in matters related to the

protection of the environment, conservation of petroleum resources or safety of

petroleum operations;

(

i) directing the offender to publish, in the

manner specified by the court, the facts relating to the commission of the

offence and the details of the punishment imposed, including any orders made

under this subsection;

(

j) directing the offender to submit to the chief

safety officer, on application by that officer within 3 years after the conviction,

information with respect to the offender's activities that the court considers

appropriate in the circumstances;

(

k) directing the offender to notify, at the

offender's own cost and in the manner specified by the court, any person aggrieved

or affected by the offender's conduct of the facts relating to the commission

of the offence and of the details of the punishment imposed, including any

orders made under this subsection;

(

l) directing the offender to post a bond or pay

an amount of money into court that the court considers appropriate to ensure

that the offender complies with any prohibition, direction, requirement or

condition that is specified in the order;

(

m) directing the offender to perform community

service, subject to any reasonable conditions that may be imposed by the court;

(

n) directing the offender to pay, in the manner

specified by the court, an amount of money to environmental, health or other

groups to assist in their work;

(

o) directing the offender to pay, in the manner

specified by the court, an amount of money to an educational institution including

for scholarships for students enrolled in studies related to the environment;

(

p) requiring the offender to comply with any

conditions that the court considers appropriate in the circumstances for

securing the offender's good conduct and for preventing the offender from

repeating the same offence or committing another offence under this Part; or

(

q) prohibiting the offender from taking measures

to acquire an interest or from applying for a new licence or other authorization

under this Act during any period that the court considers appropriate.

(2) An order made under subsection (1) comes into

force on the day on which the order is made or on another day that the court

may determine, but shall not continue in force for more than 3 years after that

day.

(3) If an offender does not comply with an order

requiring the publication of facts relating to the offence and the details of

the punishment, the board may, in the manner that the court directed the offender,

publish those facts and details and recover the costs of publication from the

offender.

(4) If the board incurs publication costs under

subsection (3), the costs constitute a debt due to the board and may be

recovered in any court of competent jurisdiction.

Variation of sanctions

192.1

(1) If

a court has made, in relation to an offender, an order under

section 192, the

court may, on application by the offender or the board, require the offender to

appear before it and, after hearing the offender and the board, vary the order

in one or more of the following ways that the court considers appropriate

because of a change in the offender's circumstances since the order was made:

(

a) by making changes to any prohibition,

direction, requirement or condition that is specified in the order for any

period or by extending the period during which the order is to remain in force,

not exceeding one year; or

(

b) by decreasing the period during which the

order is to remain in force or by relieving the offender of compliance with any

condition that is specified in the order, either absolutely or partially or for

any period.

(2) Notwithstanding subsection (1), before making

an order under subsection (1), the court may direct that notice be given to any

persons that the court considers to be interested, and may hear any of those

persons.

Subsequent applications

with leave

192.2 If

an application made under subsection 192.1(1) in relation to an offender has

been heard by a court, another application may not be made under

section 192.1

in relation to the offender except with leave of the court.

Recovery of fines

and amounts

192.3 If

a person is convicted of an offence under this Part and a fine that is imposed

is not paid when required or if a court orders an offender to pay an amount

under subsection 192(1) or 192.1(1), the prosecutor may, by filing the conviction

or order, enter as a judgment the amount of the fine or the amount ordered to

be paid, and costs, if any, in the Trial Division, and the judgment is enforceable

against the person in the same manner as if it were a judgment rendered against

him, her or it in that court in civil proceedings.

23. The Act is amended by adding immediately after

section 198.1 the following:

ADMINISTRATIVE MONETARY PENALTIES

Regulations

198.2

(1) Subject to

section 7, the Lieutenant-Governor

in Council may make regulations

(

a) designating as a violation that may be

proceeded with in accordance with this Part

(

i) the contravention of any specified provision

of this Part or of any of its regulations,

(ii) the contravention of any direction,

requirement, decision or order, or of any direction, requirement, decision or

order of a specified class of directions, requirements or orders, made under

this Part, or

(iii) the failure to comply with any term or

condition of

(

A) an operating licence or authorization, or a specified

class of operating licences or authorizations, issued under this Part, or

(

B) an approval or exemption, or a specified class

of approvals or exemptions, granted under this Part;

(

b) respecting the determination of, or the method

of determining, the amount payable as the penalty, which may be different for

individuals and other persons, for each violation; and

(

c) respecting the service of documents required

or authorized under

section 198.7, 198.12 or 198.15, including the manner and

proof of service and the circumstances under which the documents are considered

to be served.

(2) The amount that may be determined under any

regulations made under paragraph (1)(

b) as the penalty to a violation shall not

be more than $25,000, in the case of an individual, and $100,000, in the case

of any other person.

Powers

198.3 The board may

(

a) establish the form of notices of violation;

(

b) designate persons or classes of persons who

are authorized to issue notices of violation;

(

c) establish, in respect of each violation, a

short form description to be used in notices of violation; and

(

d) designate persons or classes of persons to

conduct reviews under

section 198.14.

VIOLATIONS

Commission of

violation

198.4

(1) Every person who contravenes or fails

to comply with a provision, direction, requirement, decision or order, or term

or condition the contravention of which, or the failure to comply with which,

is designated to be a violation by a regulation made under paragraph 198.2(1)(

a) commits a violation and is liable to a penalty of an amount to be determined in

accordance with the regulations.

(2) The purpose of the penalty is to promote

compliance with this Part and not to punish.

Liability of directors,

officers, etc.

198.5 If a corporation commits a violation, any

director, officer, or agent or mandatary of the corporation who directed,

authorized, assented to, acquiesced in or participated in the commission of the

violation is a party to the violation and is liable to a penalty of an amount

to be determined in accordance with the regulations, whether or not the

corporation has been proceeded against in accordance with this Part.

Proof of

violation

198.6 In any proceedings under this Part against a

person in relation to a violation, it is sufficient proof of the violation to

establish that it was committed by an employee, or agent or mandatary, of the

person, whether or not the employee, agent or mandatary is identified or proceeded

against in accordance with this Part.

Issuance and service

of notice of violation

198.7

(1) If a person designated under

paragraph 198.3(

b) believes on reasonable grounds that a person has committed a

violation, the designated person may issue a notice of violation and cause it

to be served on the person.

(2) The notice of violation shall

(

a) name the person that is believed to have

committed the violation;

(

b) set out the relevant facts surrounding the

violation;

(

c) set out the amount of the penalty for the

violation;

(

d) inform the person of his, her or its right,

under

section 198.12, to request a review with respect to the amount of the

penalty or the facts of the violation, and the period within which that right is

to be exercised;

(

e) inform the person of the manner of paying the

penalty set out in the notice; and

(

f) inform the person that, if he, she or it does not

pay the penalty or exercise his, her or its right referred to in paragraph (d),

he, she or it will be considered to have committed the violation and is liable

to the penalty set out in the notice.

RULES ABOUT VIOLATIONS

Certain defences

not available

198.8

(1) A person named in a notice of

violation does not have a defence by reason that the person

(

a) exercised due diligence to prevent the

commission of the violation; or

(

b) reasonably and honestly believed in the

existence of facts that, if true, would exonerate the person.

(2) Every rule and principle of the common law

that renders any circumstance a justification or excuse in relation to a charge

for an offence under this Part applies in respect of a violation to the extent

that it is not inconsistent with this Part.

Continuing violation

198.9 A violation that is committed or continued on

more than one day constitutes a separate violation for each day on which it is

committed or continued.

Violation or

offence

198.10

(1) Proceeding with any act or omission as

a violation under this Part precludes proceeding with it as an offence under

this Part, and proceeding with it as an offence under this Part precludes proceeding

with it as a violation under this Part.

(2) A violation is not an offence and,

accordingly,

section 126 of the Criminal

Code does not apply in respect of a violation.

Limitation period

198.11 A notice of violation shall not be issued more than 2 years after the

day on which the matter giving rise to the violation occurred.

REVIEWS

Right to request

review

198.12 A person who is served with a notice of

violation may, within 30 days after the day on which it is served, or within

any longer period that the board allows, make a request to the board for a

review of the amount of the penalty or the facts of the violation, or both.

Correction or cancellation

of notice of violation

198.13 At any time before a request for a review in

respect of a notice of violation is received by the board, a person designated

under paragraph 198.3(

b) may cancel the notice of violation or correct an error

in it.

Review

198.14

(1) On receipt of

a request made under

section 198.12, the board shall conduct the review or

cause the review to be conducted by a person designated under paragraph 198.3(d).

(2) The board shall conduct the review if the

notice of violation was issued by a person designated under paragraph 198.3(d).

Object of review

198.15

(1) The board or

the person conducting the review shall determine whether the amount of the

penalty for the violation was determined in accordance with the regulations or

whether the person committed the violation, or both.

(2) The board or the person conducting the review

shall render a determination and the reasons for it in writing and cause the

person who requested the review to be served with a copy of them.

(3) If the board or the person conducting the

review determines that the amount of the penalty for the violation was not

determined in accordance with the regulations, the board or the person shall

correct the amount of the penalty.

(4) If the board or the person conducting the

review determines that the person who requested the review committed the violation,

the person who requested the review is liable to the penalty as set out in the

notice issued under

section 198.7 or as set out in the determination if the

amount of the penalty was corrected under subsection (3).

(5) A determination made under this

section is

final and binding and, subject to review by the Trial Division, is not subject

to appeal or to review by any court.

Burden of proof

198.16 If the facts of a

violation are reviewed, the person who issued the notice of violation shall

establish, on a balance of probabilities, that the person named in it committed

the violation identified in it.

RESPONSIBILITY

Payment

198.17 If a person pays the

penalty set out in the notice of violation, the person is considered to have

committed the violation and proceedings in respect of it are ended.

Failure to act

198.18 A person that neither

pays the penalty imposed under this Part nor requests a review within the period

referred to in

section 198.12 is considered to have committed the violation and

is liable to the penalty.

RECOVERY OF PENALTIES

Debt due the

Crown

198.19

(1) A penalty

constitutes a debt due to the Crown and

may be recovered in the Trial Division.

(2) A proceeding to recover a debt shall not be

instituted more than 5 years after the day on which the debt becomes payable.

Certificate

198.20

(1) The board may

issue a certificate of non-payment certifying the unpaid amount of any debt

referred to in subsection 198.19(1).

(2) Registration in the Trial Division of a

certificate of non-payment issued under subsection (1) has the same effect as a

judgment of that court for a debt of the amount specified in the certificate

and all related registration costs.

GENERAL

Admissibility of

documents

198.21 In the absence of

evidence to the contrary, a document that appears to be a notice issued under

subsection 198.7(1) is presumed to be authentic and is proof of its contents in

any proceeding in respect of a violation.

Publication

198.22 The board may make

public the nature of the violation, the name of the person who committed it and

the amount of the penalty.

Part IV of the Act is repealed.

Commencement

25. This Act, or a section, subsection, paragraph

or subparagraph of this Act, comes into force on a day or days to be proclaimed

by the Lieutenant-Governor in Council.

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