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Canada–Newfoundland and Labrador Atlantic Accord Implementation Act (S.C. 1987, c. 3)

Act current to 2019-08-28 and last amended on 2019-08-28. Previous Versions

PART IIIPetroleum Operations (continued)

Licences and Authorizations (continued)

Certificates

Marginal note:Certificate

  •  (1) No authorization under paragraph 138(1)(b) shall be issued with respect to any prescribed equipment or installation, or any equipment or installation of a prescribed class, unless the Board has received, from the applicant for the authorization, a certificate issued by a certifying authority in the form fixed by the Board.

  • Marginal note:Continuing obligation

    (2) The holder of an authorization shall ensure that the certificate referred to in subsection (1) remains in force for so long as the equipment or installation to which the certificate relates is used in the work or activity in respect of which the authorization is issued.

  • Marginal note:Contents of certificate

    (3) A certificate referred to in subsection (1) shall state that the equipment or installation in question

    • (a) is fit for the purposes for which it is to be used and may be operated safely without posing a threat to persons or to the environment in the location and for the time set out in the certificate; and

    • (b) is in conformity with all of the requirements and conditions that are imposed for the purposes of this section by subsection 138(4), whether they are imposed by regulation or by the Board.

  • Marginal note:Validity of certificate

    (4) A certificate referred to in subsection (1) is not valid if the certifying authority

    • (a) has not complied with any prescribed procedure or any procedure that the Board may establish; or

    • (b) is a person or an organization that has participated in the design, construction or installation of the equipment or installation in respect of which the certificate is issued, to any extent greater than that prescribed.

  • Marginal note:Access

    (5) An applicant shall permit the certifying authority to have access to the equipment and installations in respect of which the certificate is required and to any information that relates to them.

  • Definition of certifying authority

    (6) For the purposes of this section, certifying authority has the meaning assigned by the regulations.

  • Marginal note:Immunity

    (7) The Board or any delegate of the Board is not liable to any person by reason only of having issued an authorization in reliance on a certificate issued under this section.

  • 1992, c. 35, s. 60

Chief Safety Officer and Chief Conservation Officer

Marginal note:Designation

 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.

  • 1987, c. 3, s. 140
  • 1992, c. 35, s. 61
  • 2014, c. 13, s. 24

Statutory Instruments Act

Marginal note:Order

 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.

  • 1992, c. 35, s. 61
  • 2014, c. 13, s. 25

Extended Formation Flow Tests

Marginal note:Title

  •  (1) Subject to subsection (2), title to petroleum produced during an extended formation flow test vests in the person who conducts the test in accordance with an authorization under section 138, with every approval and requirement subject to which such an authorization is issued and with any applicable regulation, whether or not the person has a production licence issued under Part II.

  • Marginal note:Conditions

    (2) Title to petroleum referred to in subsection (1) is conditional on compliance with the terms of the authorization, approval or regulation, including the payment of royalties or other payment in lieu of royalties.

  • Marginal note:Limitation

    (3) This section applies only in respect of an extended formation flow test that provides significant information for determining the best recovery system for a reservoir or for determining the limits of a reservoir or the productivity of a well producing petroleum from a reservoir and that does not adversely affect the ultimate recovery from a reservoir.

  • 1992, c. 35, s. 61

Oil and Gas Committee

Constitution

Marginal note:Oil and Gas Committee

  •  (1) The Board may, for the purposes of this Part and Part III of the Provincial Act, establish a committee to be known as the Oil and Gas Committee, consisting of not more than five members, not more than three of whom may be employees in the federal public administration or the public service of the Province.

  • Marginal note:Appointment of members and chairperson

    (2) The members of the Committee shall be appointed by the Board to hold office for a term of three years, and one member shall be designated as chairperson for such term as may be fixed by the Board.

  • Marginal note:Re-appointment permitted

    (3) A retiring chairperson or retiring member may be re-appointed to the Committee in the same or another capacity.

  • 1987, c. 3, s. 141
  • 2003, c. 22, s. 119(E)
  • 2014, c. 13, s. 52(E)

Marginal note:Qualification of members

  •  (1) The Board shall appoint as members of the Committee at least two persons who appear to the Board to have specialized, expert or technical knowledge of petroleum.

  • Marginal note:Idem

    (2) The members and employees of the Board and the Chief Conservation Officer are not eligible to be members of the Committee.

  • Marginal note:Staff

    (3) The Board shall provide the Committee with such officers, clerks and employees as may be necessary for the proper conduct of the affairs of the Committee, and may provide the Committee with such professional or technical assistance for temporary periods or for specific work as the Committee may request, but no such assistance shall be provided otherwise than from the staff of the Board except with the approval of the two Ministers.

  • Marginal note:Remuneration

    (4) The members of the Committee who are not employees in the federal public administration or the public service of the Province shall be paid such remuneration as may be authorized by the Board.

  • Marginal note:Expenses

    (5) The members of the Committee are entitled to be paid reasonable travel and living expenses while absent from their ordinary place of residence in the course of their duties.

  • 1987, c. 3, s. 142
  • 2003, c. 22, s. 120

Marginal note:Interest in petroleum properties

 No member of the Committee shall have a pecuniary interest of any description, directly or indirectly, in any property in petroleum to which this Part applies or own shares in any company engaged in any phase of the petroleum industry in Canada in an amount in excess of five per cent of the issued shares thereof and no member who owns any shares of any company engaged in any phase of the petroleum industry in Canada shall vote when a question affecting such a company is before the Committee.

Marginal note:Quorum

  •  (1) A majority of the members, including one member who is not an employee in the federal public administration or the public service of the Province, constitutes a quorum of the Committee.

  • Marginal note:Powers of Committee

    (2) The Committee may make general rules not inconsistent with this Part regulating its practice and procedure and the places and times of its sittings.

  • 1987, c. 3, s. 144
  • 2003, c. 22, s. 121

Jurisdiction and Powers

Marginal note:Jurisdiction

  •  (1) Where, under this Part, the Committee is charged with a duty to hold an inquiry or to hear an appeal, the Committee has full jurisdiction to inquire into, hear and determine the matter of any such inquiry or appeal and to make any order, or give any direction that pursuant to this Part the Committee is authorized to make or give or with respect to any matter, act or thing that by this Part may be prohibited or approved by the Committee or required by the Committee to be done.

  • Marginal note:Powers of Committee

    (2) For the purpose of any inquiry, hearing or appeal, or the making of any order pursuant to this Part, the Committee has, regarding the attendance, swearing and examination of witnesses, the production and inspection of documents, the entry on and inspection of property, the enforcement of its orders and regarding other matters necessary or proper for the due exercise of its jurisdiction pursuant to this Part, all such powers, rights and privileges as are vested in a superior court of record.

  • Marginal note:Finding of fact conclusive

    (3) The finding or determination of the Committee on any question of fact within its jurisdiction is binding and conclusive.

 
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