Offshore Health and Safety Act (S.C. 2014, c. 13)
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Assented to 2014-06-19
14. The heading before section 45 of the English version of the Act is replaced by the following:
Canada–Newfoundland and Labrador Benefits Plan
15. (1) Subsection 45(1) of the English version of the Act is replaced by the following:
Definition of “Canada–Newfoundland and Labrador benefits plan”
45. (1) In this section, “Canada–Newfoundland and Labrador benefits plan” means a plan for the employment of Canadians and, in particular, members of the labour force of the Province and, subject to paragraph (3)(d), for providing manufacturers, consultants, contractors and service companies in the Province and other parts of Canada with a full and fair opportunity to participate on a competitive basis in the supply of goods and services used in any proposed work or activity referred to in the benefits plan.
Marginal note:1992, c. 35, s. 47
(2) Subsection 45(2) of the Act is replaced by the following:
Marginal note:Board approval of benefits plan
(2) Before the Board approves any development plan under subsection 139(4) or authorizes any work or activity under paragraph 138(1)(b), a Canada–Newfoundland and Labrador benefits plan shall be submitted to and approved by the Board, unless it directs that that requirement need not be complied with.
(3) The portion of subsection 45(3) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Particular provisions of plan
(3) A Canada–Newfoundland and Labrador benefits plan shall contain provisions intended to ensure that
(4) Subsections 45(4) to (6) of the English version of the Act are replaced by the following:
Marginal note:Affirmative action programs
(4) The Board may require that any Canada–Newfoundland and Labrador benefits plan include provisions to ensure that disadvantaged individuals or groups have access to training and employment opportunities and to enable those individuals or groups or corporations owned or cooperatives operated by them to participate in the supply of goods and services used in any proposed work or activity referred to in the benefits plan.
Marginal note:Duties of Board in reviewing plans
(5) In reviewing any Canada–Newfoundland and Labrador benefits plan, the Board shall consult with both Ministers on the extent to which the plan meets the requirements set out in subsections (1), (3) and (4).
Marginal note:Directives
(6) Subject to any directives issued under subsection 42(1), the Board may approve any Canada–Newfoundland and Labrador benefits plan.
16. Subsection 46(1) of the Act is amended by adding the following after paragraph (c):
(c.1) aviation regulation;
Marginal note:1988, c. 28, s. 257(F)
17. (1) Subsection 97(1) of the Act is replaced by the following:
Definition of “Petroleum and Natural Gas Act”
97. (1) In this Division, “Petroleum and Natural Gas Act” means Part II of the Petroleum and Natural Gas Act, R.S.N.L. 1990, c. P-10, as amended from time to time.
(2) Subsections 97(2) and (3) of the French version of the Act are replaced by the following:
Marginal note:Redevances
(2) Sont réservées à Sa Majesté du chef du Canada les redevances, intérêts et amendes qui seraient fixés sous le régime de la Loi sur le pétrole et le gaz naturel si la production provenait de la province. Chaque indivisaire d’une licence de production est tenu au paiement de ces redevances conformément au paragraphe (4).
Marginal note:Exception
(3) Les hydrocarbures objet de redevances sous le régime de la Loi sur le pétrole et le gaz naturel échappent à l’assujettissement du paragraphe (2).
(3) Subsection 97(4) of the Act is replaced by the following:
Marginal note:Application of Newfoundland and Labrador legislation
(4) Subject to this Act and the regulations, the Petroleum and Natural Gas Act and the regulations referred to in subsection (4.1) apply, with any modifications that the circumstances require, for the purposes of this section and, without limiting the generality of the foregoing,
(a) a reference in that Act to Her Majesty in Right of the province is to be read as a reference to Her Majesty in right of Canada; and
(b) a reference in that Act to the province is to be read as a reference to the offshore area.
Marginal note:Application of Newfoundland and Labrador regulations
(4.1) The following regulations apply for the purposes of subsection (4):
(a) any regulations made under the Petroleum and Natural Gas Act; and
(b) any regulations made under an Act that was replaced by the Petroleum and Natural Gas Act, to the extent that those regulations remain in force in accordance with the laws of the Province and are not inconsistent with the Petroleum and Natural Gas Act.
(4) Subsection 97(5) of the French version of the Act is replaced by the following:
Marginal note:Interdiction des parts de la Couronne
(5) Les dispositions de la Loi sur le pétrole et le gaz naturel et de ses règlements n’ont pas pour effet de réserver à Sa Majesté une part de la Couronne sur les titres extracôtiers.
18. Subsection 98(6) of the French version of the Act is replaced by the following:
Marginal note:Imputation
(6) L’accord peut prévoir, selon les modalités déterminées, que toute somme reçue par le gouvernement de la province, sous le régime de l’article 97, ou sous celui de l’article 97 et de la Loi sur le pétrole et le gaz naturel, peut être imputée par celui-ci sur les sommes — impôts, taxes, intérêts, amendes ou autres — à payer par la personne assujettie sous leur régime en dépit de toute indication contraire de celle-ci ou l’absence d’indication.
19. The definition “court” in subsection 102(1) of the Act is replaced by the following:
“court”
« tribunal »
“court” means the Trial Division of the Supreme Court of Newfoundland and Labrador and includes any of its judges;
20. Subsection 123(1) of the Act is replaced by the following:
Marginal note:Notice to comply
123. (1) If the Board has reason to believe that an interest owner or holder is failing or has failed to meet any requirement of this Part or Part III or III.1 or any regulation made under any of those Parts, the Board may give notice to that interest owner or holder requiring compliance with the requirement within 90 days after the day on which the notice is given or within any longer period that the Board considers appropriate.
21. Subsection 124(10) of the Act is replaced by the following:
Marginal note:Judicial review
(10) Any order, decision or action in respect of which a hearing is held under this section is subject to review and to be set aside by the Trial Division of the Supreme Court of Newfoundland and Labrador.
22. (1) Section 138 of the Act is amended by adding the following after subsection (3):
Marginal note:Copy to Chief Safety Officer
(3.1) 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.
(2) Section 138 of the Act is amended by adding the following after subsection (4):
Marginal note:Limitation
(4.1) The approvals, requirements and deposits that are determined, granted or prescribed shall not be inconsistent with the provisions of this Act or the regulations.
Marginal note:1992, c. 35, s. 58
(3) Paragraphs 138(5)(a) and (b) of the Act are replaced by the following:
(a) a requirement, approval, fee 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 requirement undertaken in a declaration referred to in subsection 139.1(1);
(4) Subsection 138(5) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after that paragraph:
(c.1) any provision of Part III.1; or
Marginal note:1992, c. 35, s. 60
23. Subsection 139.1(2) of the Act is repealed.
Marginal note:1992, c. 35, s. 61
24. Section 140 of the Act is replaced by the following:
Marginal note:Designation
140. The Board may, for the purposes of this Act, designate any person as the Chief Safety Officer and any other person as the Chief Conservation Officer. However, the Chief Executive Officer may not be designated as the Chief Safety Officer.
Marginal note:1992, c. 35, s. 61
25. Section 140.1 of the Act is replaced by the following:
Marginal note:Order
140.1 For the purposes of this Act, an order made by an operational safety officer, the Chief Safety Officer, a conservation officer, the Chief Conservation Officer, the Committee or a health and safety officer as defined in subsection 205.001(1) is not a statutory instrument as defined in the Statutory Instruments Act.
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