An Act to amend the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other Acts (S.C. 2024, c. 20)

• 151 (1) Subsections 100(1) to (3) of the Act are replaced by the following:

  Marginal note:Power to collect

  • 100 (1) Subject to subsection (6), if an agreement is entered into under subsection (3), royalties, interest and penalties payable under section 99 or revenues, interest and penalties payable under section 99.1, as the case may be, may be collected and administered and refunds in respect of those amounts payable may be granted on behalf of the Government of Canada in accordance with the terms and conditions of the agreement, as amended from time to time under subsection (4).

  • Marginal note:Negotiation of agreement

    (2) The Federal Minister shall, on the request of the Government of the Province or the Regulator, negotiate

    • (a) an agreement with the Provincial Minister and the Regulator with respect to the collection and administration of the royalties, interest and penalties payable under section 99; and

    • (b) an agreement with the Provincial Minister and the Regulator with respect to the collection and administration of the revenues, interest and penalties payable under section 99.1.

  • Marginal note:Agreement

    (3) On completion of the negotiation of an agreement under subsection (2), the Federal Minister, with the approval of the Governor in Council, shall, on behalf of the Government of Canada, enter into an agreement with the Government of the Province and the Regulator with respect to the collection and administration, on behalf of the Government of Canada, of the royalties, interest and penalties payable under section 99 or the revenues, interest and penalties payable under section 99.1, as the case may be, and with respect to the granting of refunds or the making of other payments in respect of those amounts payable, as the case may be, in accordance with the terms and conditions set out in the agreement.

• (2) Subsections 100(6) and (7) of the Act are replaced by the following:

  • Marginal note:No further liability — petroleum

    (6) An agreement entered into under subsection (3) may provide that, if any payment is received by the Government of the Province on account of any royalties, interest, penalties or other sum payable by a person under section 99, or under both section 99 and the Offshore Petroleum Royalty Act, that payment may be applied by the Government of the Province towards the royalties, interest, penalties or other sums payable by the person under that section or both that section and that Act in the manner that is specified in the agreement, even if the person directed that the payment be applied in any other manner or made no direction as to its application.

  • Marginal note:No further liability — offshore renewable energy

    (6.1) An agreement entered into under subsection (3) may provide that, if any payment is received by the Government of the Province on account of any revenues, interest, penalties or other sum payable in respect of any offshore renewable energy project by a person under section 99.1, or under both section 99.1 and the Provincial Act or any other Act of the Province and any regulations made under those Acts, that payment may be applied by the Government of the Province towards the revenues, interest, penalties or other sums payable by the person under that section or both that section and that Act and regulations made under that Act, in the manner that is specified in the agreement, even if the person directed that the payment be applied in any other manner or made no direction as to its application.

  • Marginal note:Relief of liability

    (7) Any payment or part of a payment applied by the Government of the Province in accordance with an agreement entered into under subsection (3) towards the royalties, interest, penalties or other sums payable by a person under section 99 or the revenues, interest, penalties or other sums payable by a person under section 99.1, as the case may be,

    • (a) relieves that person of liability to pay those amounts payable to the extent of the applied payment or part of the payment; and

    • (b) shall be deemed to have been applied in accordance with a direction made by that person.

152 Sections 101 and 102 of the Act are replaced by the following:

153 Subsections 103(3) and (4) of the Act are replaced by the following:

154 The definition operator’s lien in subsection 105(1) of the Act is replaced by the following:

155 Section 106 of the Act is replaced by the following:

• 156 (1) The definition engineering research or feasibility study in subsection 122(1) of the Act is replaced by the following:

  engineering research or feasibility study

  engineering research or feasibility study includes work undertaken to facilitate the design or to analyse 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; (recherches ou études techniques)

• (2) Paragraph 122(5)(d) of the Act is amended by striking out “or” at the end of subparagraph (i) and by replacing subparagraph (ii) with the following:

  • (ii) in any other case relating to a petroleum-related work or activity, after the end of five years following the date of completion of the geological or geophysical work, or

  • (iii) in any case relating to an offshore renewable energy project, after the end of the time set out by regulations or, in the absence of regulations, three years following the date of completion of the geological or geophysical work;

• (3) Paragraph 122(5)(e) of the Act is amended by striking out “or” at the end of subparagraph (i) and by replacing subparagraph (ii) with the following:

  • (ii) in any other case relating to a petroleum-related work or activity, after the end of five 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 Crown reserve areas, whichever occurs first, or

  • (iii) in any case relating to an offshore renewable energy project, after the earlier of:

    • (A) the end of the period set out by regulations or, in the absence of regulations, three 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 122(5)(i) of the Act is amended by striking out “or” at the end of subparagraph (i) and by replacing subparagraph (ii) with the following:

  • (ii) in any other case relating to a petroleum-related work or activity, if five years have passed since the completion of the study, or

  • (iii) in any case relating to an offshore renewable energy project, if the period set out by regulations has passed or, in the absence of regulations, if three years have passed since the completion of that study.

• (5) The portion of subsection 122(6) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Disclosure — governments and agencies

    (6) The Regulator may disclose any information or documentation that it obtains under this Part or Part III — to officials of the Government of Canada, the Government of the Province or any other provincial government, or 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, if

• (6) Subsection 122(9) of the Act is replaced by the following:

  • Marginal note:Applicant and proposed work or activity

    (9) Subsection (2) does not apply in respect of information regarding the applicant for an operating licence or authorization under subsection 142(1) or authorization under subsection 142.011(1) or in respect of the scope, purpose, location, timing and nature of the proposed work or activity for which the authorization is sought.

• (6.1) Section 122 of the Act is amended by adding the following after subsection (9):

  • Marginal note:Public notice

    (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 that an impact assessment is not required or which is excluded under section 112.1 of that Act.

• (7) The portion of subsection 122(11) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Safety or environmental protection

    (11) Subject to section 122.1, the Regulator may disclose, including for the purposes of the Impact Assessment Act, 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 142(1) or authorization under subsection 142.011(1) or to an operating licence or authorization that is issued under one of those subsections or provided in accordance with any regulation made under this Part or Part III. The Regulator is not, however, permitted to disclose information or documentation if it is satisfied that

• (8) Paragraph 122(11)(c) of the English version of the Act is replaced by the following:

  • (c) there is a real and substantial risk that disclosure of it will impair the security of pipelines, as defined in section 138, 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.

157 Subsection 126(2) of the Act is replaced by the following:

158 Subsection 127(8) of the Act is replaced by the following:

159 Subsections 128(2) and (3) of the Act are repealed.

160 Subsection 131(1) of the Act is replaced by the following:

161 The Act is amended by adding the following after section 137: