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)
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Assented to 2024-10-03
PART 11987, c. 3; 2014, c. 13, s. 3Canada–Newfoundland and Labrador Atlantic Accord Implementation Act (continued)
Amendments to the Act (continued)
48 (1) Subsection 119.1(7) of the Act is replaced by the following:
Marginal note:Review
(7) Any person to whom the Regulator 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 Supreme Court of Newfoundland and Labrador for a review of the decision.
(2) Subsection 119.1(9) of the Act is replaced by the following:
Marginal note:Court to take precautions against disclosing
(9) In any proceedings arising from an application under subsection (7), the Supreme Court of Newfoundland and Labrador shall take every reasonable precaution, including, when appropriate, conducting hearings in camera, 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.
49 Subsection 123(2) of the Act is replaced by the following:
Marginal note:Default — petroleum
(2) Despite anything in this Part but subject to sections 31 to 40 and subsection 123(3), if the interest owner or holder of a petroleum-related interest fails to comply with a notice under subsection (1) within the period specified in the notice and the Regulator considers that the failure to comply warrants cancellation of the interest of the interest owner or holder of or any share in the interest held by the holder with respect to a portion only of the offshore area subject to the interest, the Regulator may, by order subject to section 124, cancel that interest or share, in which case the portions of the offshore area under that interest or share become Crown reserve areas.
Marginal note:Non-application of section 124
(3) The Regulator’s order to cancel an exploration licence, significant discovery licence or production licence under subsection (2) is not subject to section 124 if the notice under subsection (1) relates to a failure to meet any of the terms and conditions contained in that licence.
Marginal note:Default — offshore renewable energy
(4) Despite anything in this Part but subject to sections 40.1 to 40.3, if the interest owner or holder of a submerged land licence fails to comply with a notice under subsection (1) within the period specified in the notice and the Regulator considers that the failure to comply warrants cancellation of the licence of the interest owner or holder or any share in the licence held by the holder, the Regulator may, by order, cancel that licence or share, in which case the portions of the offshore area under that licence or share become Crown reserve areas.
50 (1) Subsection 124(8) of the Act is replaced by the following:
Marginal note:Notification of order and reasons
(8) If an order, decision or action referred to in subsection (2) is made or taken, the Regulator shall notify the person who requested a hearing in respect of the order, decision or action under subsection (3) and, on request by that person, publish or make available to that person the reasons for the order, decision or action.
(2) 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 Supreme Court of Newfoundland and Labrador.
51 Subsections 125(2) and (3) of the Act are repealed.
52 Subsection 128(1) of the Act is replaced by the following:
Marginal note:Replacement of rights
128 (1) Subject to section 127 and subsection 129(2), the petroleum-related interests provided for under this Part replace all petroleum rights or prospects of petroleum rights acquired or vested in relation to any portion of the offshore area prior to the coming into force of this section.
53 The Act is amended by adding the following after section 134:
Marginal note:Transitional
134.1 Despite subsection 75(3) and subject to subsection 85(1), if the interest holder of an exploration licence issued before 2017 applies for a declaration of significant discovery in relation to any portion of the offshore area to which that licence applies and if the significant discovery is indicated by the first well on a geological feature that demonstrates, by flow testing, the existence of hydrocarbons in that feature, any significant discovery licence issued for that significant discovery area continues in force, in relation to each portion of the offshore area to which the licence applies, for as long as the declaration of significant discovery on the basis of which the licence was issued remains in force in relation to that portion.
54 The heading “Petroleum Operations” before section 135 of the Act is replaced by the following:
Petroleum and Offshore Renewable Energy Operations
55 Section 135.1 of the Act is replaced by the following:
Marginal note:Purpose
135.1 The purpose of this Part is to promote
(a) safety, particularly by encouraging persons exploring for and exploiting petroleum or carrying on an offshore renewable energy project to maintain a prudent regime for achieving safety;
(b) the protection of the environment;
(b.1) accountability in accordance with the “polluter pays” principle; and
(c) in respect of the exploration for and exploitation of petroleum, the conservation of petroleum resources and joint production arrangements.
56 The heading before section 136 of the French version of the Act is replaced by the following:
Champ d’application
57 Section 136 of the Act is replaced by the following:
Marginal note:Application
136 This Part applies in respect of the exploration and drilling for and the production, conservation, processing and transportation of petroleum, and in respect of offshore renewable energy projects, in the offshore area.
58 The Act is amended by adding the following after section 137:
Marginal note:Prohibition — offshore renewable energy
137.01 No person shall carry on any work or activity related to an offshore renewable energy project unless
(a) that person is the holder of an authorization issued, before the commencement of operations, under subsection 138.01(1) for the work or activity; and
(b) if it is required, that person is authorized or entitled to carry on business in the place where that person proposes to carry on the work or activity.
59 Section 137.1 of the Act is replaced by the following:
Marginal note:Delegation
137.1 The Regulator may delegate any of the Regulator’s powers under section 138, 138.01, 138.2, 138.3, 139.1, 139.2, 162.1, 163, 183.2 or 183.21 to any person, and the person shall exercise those powers in accordance with the terms of the delegation.
60 The heading “Operating Licences and Authorization for Work” before section 138 of the Act is replaced by the following:
Petroleum Operating Licences and Authorizations
61 (1) The portion of subsection 138(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Licences and authorizations
138 (1) The Regulator may, on application made in the form and containing the information fixed by it, and made in the prescribed manner, issue in relation to petroleum-related works or activities
(2) Subsection 138(4) of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(b.1) requirements that are conditions established under the Impact Assessment Act, including those established under section 64 of that Act or by regulations made under paragraph 112(1)(a.2) of that Act; and
62 (1) Section 138.01 of the Act is replaced by the following:
Offshore Renewable Energy Authorizations
Marginal note:Authorizations
138.01 (1) The Regulator may, on application containing any information required by the Regulator or prescribed, issue an authorization with respect to each work or activity proposed to be carried out in relation to an offshore renewable energy project.
Marginal note:Copy of application
(2) On receipt by the Regulator of an application for an authorization referred to in subsection (1) or of an application to amend the authorization, the Regulator shall provide a copy of the application to the Chief Safety Officer.
Marginal note:Terms and conditions of authorization
(3) An authorization is subject to any terms and conditions required by the Regulator or prescribed, including terms or conditions with respect to
(a) approvals;
(b) deposits of money;
(c) liability for loss, damage, costs or expenses related to debris, as defined in subsection 183.17(1);
(d) the carrying out of safety studies or environmental programs or studies; and
(e) certificates of fitness and who may issue them.
Marginal note:Limitation
(4) The terms and conditions shall not be inconsistent with the provisions of this Act or the regulations.
Marginal note:Suspension or revocation
(5) The Regulator may suspend or revoke an authorization referred to in subsection (1) for failure to comply with, contravention of or default in respect of
(a) a term or condition, determined by the Regulator in accordance with the provisions of this Part or Part III.1 or prescribed under either of those Parts, subject to which the authorization was issued;
(b) a fee or charge payable in accordance with regulations made under section 29.1;
(c) a requirement undertaken in a declaration referred to in subsection 139.1(2);
(d) subsection 139.1(3), 183.2(3) or 183.21(2);
(e) any provision of Part III.1; or
(f) any applicable regulation.
Impact Assessment
(2) Subsection 138.01(3) of the Act is amended by striking out “and” at the end of paragraph (d) and by adding the following after paragraph (d):
(d.1) conditions established under the Impact Assessment Act, including those established under section 64 of that Act or by regulations made under paragraph 112(1)(a.2) of that Act; and
62.1 The Act is amended by adding the following after the heading “Impact Assessment” after section 138.01:
Marginal note:Definition of designated project
138.011 (1) For the purposes of this section and sections 138.012 to 138.016, designated project means a designated project, as defined in section 2 of the Impact Assessment Act, that is a work or activity referred to in section 137 or 137.01 of this Act.
Marginal note:Impact assessment
(2) If an application for an authorization made under paragraph 138(1)(b) or subsection 138.01(1) or an application made under subsection 139(2) is in respect of a designated project, the Regulator may not make a determination respecting that application before
(a) the Impact Assessment Agency of Canada decides, under subsection 16(1) of the Impact Assessment Act, that an impact assessment of that project is not required; or
(b) the Minister of the Environment has issued a decision statement under section 65 of that Act.
Marginal note:Designating a work or activity
(3) If the Minister of the Environment considers designating, under section 9 of the Impact Assessment Act, a work or activity referred to in section 137 or 137.01 of this Act, the Chairperson of the Regulator shall provide the Minister with comments respecting this designation.
Marginal note:Consultation with Ministers
(4) Before providing the Minister of the Environment with comments, the Chairperson of the Regulator may consult with the Federal Minister and the Provincial Minister and, in that event, the Chairperson shall consult with both Ministers.
Marginal note:Access to information by Impact Assessment Agency
138.012 (1) The Regulator shall provide the Impact Assessment Agency of Canada, on request and within the period specified by the Agency under subsection 13(1) of the Impact Assessment Act, with any specialist or expert information or knowledge that the Regulator possesses.
Marginal note:Engaging proponent
(2) The Regulator shall, on the Agency’s request made under subsection 13(2) of the Impact Assessment Act, engage the proponent of the designated project in order to specify to the proponent the information, if any, that the Regulator may require in order to exercise its powers or perform its duties or functions with respect to that project.
Marginal note:Comments for Agency — notice
(3) The Chairperson of the Regulator shall provide the Agency with comments for any work or activity referred to in section 137 or 137.01 that is the subject of a notice posted under subsection 15(3) of the Impact Assessment Act in order to assist the Agency to decide whether an impact assessment of that work or activity is required.
Marginal note:Consultation with Ministers
(4) Before providing the Agency with comments, the Chairperson of the Regulator may consult with the Federal Minister and the Provincial Minister and, in that event, the Chairperson shall consult with both Ministers.
Marginal note:Comments for Agency — time limits
(5) If the Agency decides that an impact assessment of the designated project is required, the Chairperson of the Regulator shall provide the Agency with comments respecting the time limits referred to in subsections 28(2) and 37(1) of the Impact Assessment Act within which the impact assessment report shall be submitted to the Minister of the Environment and within which any recommendations shall be posted on the Internet site established by the Agency.
Marginal note:Comments — time extension
(6) The Chairperson of the Regulator shall provide the Minister of the Environment with comments respecting any extension to the time limits that is considered under subsection 28(6) or (7) or 37(3) or (4) of the Impact Assessment Act.
Marginal note:Consultation with Ministers
(7) Before providing the Minister of the Environment with comments, the Chairperson of the Regulator may consult with the Federal Minister and the Provincial Minister and, in that event, the Chairperson shall consult with both Ministers.
Marginal note:Comments for Agency — information or studies
(8) If the Agency decides that an impact assessment of the designated project is required, the Regulator shall provide the Agency with comments respecting
(a) the scope of the factors that the Agency takes into account in determining, under subsection 18(1.2) of the Impact Assessment Act, what information or which studies it considers necessary and that it may require from the proponent for the conduct of the impact assessment;
(b) the information or studies that the Regulator considers necessary for the conduct of the impact assessment or preparation of the impact assessment report, as the case may be, and that the Agency may require from the proponent under paragraph 18(1)(a), subsections 19(3) and 26(2) and section 38 of that Act; and
(c) whether the proponent has provided the Agency with all of the information or studies necessary for the conduct of the impact assessment or preparation of the impact assessment report.
Marginal note:Access to information by Agency or review panel
138.013 The Regulator shall provide the Impact Assessment Agency of Canada or a review panel, on request and within the period specified by the Agency or review panel under section 23 of the Impact Assessment Act, with any specialist or expert information or knowledge that the Regulator possesses.
Marginal note:Comments for Agency — conditions
138.014 If the Impact Assessment Agency of Canada or review panel is to make recommendations respecting a designated project to assist the Minister of the Environment in establishing conditions under section 64 of the Impact Assessment Act, including respecting mitigation measures, a follow-up program or an adaptive management plan, the Regulator shall provide the Agency or review panel, as the case may be, with comments respecting those conditions.
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