Energy Safety and Security Act (S.C. 2015, c. 4)
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Assented to 2015-02-26
PART 1MODERNIZING CANADA’S OFFSHORE OIL AND GAS OPERATIONS REGIME
1987, c. 3Canada-Newfoundland Atlantic Accord Implementation Act
48. Section 135.1 of the Act is amended by adding the following after paragraph (b):
(b.1) accountability in accordance with the “polluter pays” principle;
Marginal note:1992, c. 35, s. 57
49. Section 137.1 of the Act is replaced by the following:
Marginal note:Delegation
137.1 The Board may delegate any of the Board’s powers under section 138, 138.2, 138.3, 139.1, 139.2, 162.1 or 163 to any person, and the person shall exercise those powers in accordance with the terms of the delegation.
Marginal note:1992, c. 35, s. 58
50. (1) Subsection 138(3) of the Act is replaced by the following:
Marginal note:Requirements for operating licence
(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.
Marginal note:1992, c. 35, s. 58
(2) Paragraph 138(5)(a) of the Act is replaced by the following:
(a) a requirement, approval or deposit subject to which the licence or authorization was issued;
(a.1) a fee or charge payable in accordance with regulations made under section 29.1;
Marginal note:1992, c. 35, s. 58
(3) Paragraph 138(5)(c) of the Act is replaced by the following:
(c) subsection 139.1(3), 139.2(2), 162.1(4) or (5) or 163(1.1), (1.2) or (5); or
51. The Act is amended by adding the following after section 138:
Marginal note:Environmental assessment
138.01 (1) If an application for an authorization under paragraph 138(1)(b) or an application made under subsection 139(2) is in respect of a physical activity described in subsection (2), the Board shall issue the 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.
Marginal note:Physical activity
(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.
It includes any physical activity that is incidental to the physical activity described in paragraphs (a) to (d).
Marginal note:Excluded period
(3) 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).
Marginal note:Public notice
(4) 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 (3) begins and ends.
Marginal note:Participant funding program
138.02 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 138.01(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 138(1)(b) or an application made under subsection 139(2).
52. (1) The Act is amended by adding the following after section 138.2:
Spill-treating Agent
Marginal note:Net environmental benefit
138.21 The Board shall not permit the use of a spill-treating agent in an authorization issued under paragraph 138(1)(b) unless the Board determines that the use of the spill-treating agent is likely to achieve a net environmental benefit.
(2) Section 138.21 of the Act is replaced by the following:
Marginal note:Net environmental benefit
138.21 The Board shall not permit the use of a spill-treating agent in an authorization issued under paragraph 138(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.
Marginal note:1992, c. 35, s. 58
53. Section 138.3 of the Act and the heading before it are replaced by the following:
Financial Requirements
Marginal note:Compliance with certain provisions
138.3 The Board shall, before issuing an authorization for a work or activity referred to in paragraph 138(1)(b), ensure that the applicant has complied with the requirements of subsections 162.1(1) or (2) and 163(1) or (1.01) in respect of that work or activity.
Marginal note:1992, c. 35, s. 63
54. (1) The portion of subsection 149(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Governor in Council’s regulatory power
149. (1) Subject to section 7, the Governor in Council may, for the purposes of safety, the protection of the environment, and accountability as well as for the production and conservation of petroleum resources, make regulations
Marginal note:1992, c. 35, s. 63
(2) Paragraph 149(1)(a) of the French version of the Act is replaced by the following:
a) définir pétrole et gaz pour l’application des sections I et II, installation et équipement pour l’application des articles 139.1 et 139.2 et grave pour l’application de l’article 165;
(3) Subsection 149(1) of the Act is amended by adding the following after paragraph (b):
(b.1) concerning the measures to be taken in preparation for or in the case of a spill, as defined in subsection 160(1), including measures concerning the use of a spill-treating agent;
(b.2) concerning the process for the determination of net environmental benefit;
(b.3) concerning the variation or revocation of an approval referred to in paragraph 161.1(1)(b);
(4) Subsection 149(1) of the Act is amended by striking out “and” at the end of paragraph (h) and by adding the following after that paragraph:
(h.1) establishing the requirements for a pooled fund for the purposes of subsection 163(1.01);
(h.2) concerning the circumstances under which the Board may make a recommendation for the purposes of subsection 163.1(1) and the information to be submitted with respect to that recommendation;
(h.3) concerning the creation, conservation and production of records; and
(5) Section 149 of the Act is amended by adding the following after subsection (2):
Marginal note:Spill-treating agents
(3) Regulations made under subsection (1) respecting a spill-treating agent shall, in addition to the requirements set out in section 7, be made on the recommendation of the Federal Minister and the Minister of the Environment.
55. The Act is amended by adding the following after section 149:
Marginal note:Amendments to Schedule 1 or 2
149.1 (1) The Governor in Council may, by order, amend Schedule 1 or 2 to add, amend or remove a reference to a federal Act or regulation, or to a provision of a federal Act or regulation.
Marginal note:Recommendation
(2) The order shall be made on the recommendation of the Federal Minister and every minister responsible for the administration of the provision.
Marginal note:1992, c. 35, s. 65
56. Subsection 151.1(1) of the Act is replaced by the following:
Marginal note:Guidelines and interpretation notes
151.1 (1) The Board may issue and publish, in any manner the Board considers appropriate, guidelines and interpretation notes with respect to the application and administration of sections 45, 138 and 139 and subsection 163(1.01) and any regulations made under sections 29.1 and 149.
Marginal note:1992, c. 35, s. 73(1); 2001, c. 26, s. 324(8)
57. Subsections 160(1) to (3) of the Act are replaced by the following:
Definition of “spill”
160. (1) In sections 161 to 165, “spill” means a discharge, emission or escape of petroleum, other than one that is authorized under subsection 161.5(1), the regulations or any other federal law. It 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 applies.
Definition of “actual loss or damage”
(2) In section 162, “actual loss or damage” includes loss of income, including future income, and, with respect to any Aboriginal peoples of Canada, loss of hunting, fishing and gathering opportunities. It does not include loss of income recoverable under subsection 42(3) of the Fisheries Act.
Definition of “debris”
(3) In sections 162 to 163 and 165, “debris” means any installation or structure that was put in place in the course of any work or activity required to be authorized under paragraph 138(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 been jettisoned or displaced in the course of any of that work or activity.
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