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

Act current to 2021-10-07 and last amended on 2020-02-26. Previous Versions

PART IIIPetroleum Operations (continued)

Oil and Gas Committee (continued)

Jurisdiction and Powers (continued)

Marginal note:Deputing member to hold inquiry

  •  (1) The Committee may authorize and depute any member thereof to inquire into such matter before the Committee as may be directed by the Committee and to report the evidence and findings, if any, thereon to the Committee, and when such report is made to the Committee, it may be adopted as a finding of the Committee or otherwise dealt with as the Committee considers advisable.

  • Marginal note:Powers of deputed member

    (2) Where an inquiry is held by a member under subsection (1), the member has all the powers of the Committee for the purpose of taking evidence or acquiring information for the purposes of the report to the Committee.

Marginal note:Advisory functions

 The Board may at any time refer to the Committee for a report or recommendation any question, matter or thing arising under this Part or relating to the conservation, production, storage, processing or transportation of petroleum.


Marginal note:Enforcement of Committee orders

  •  (1) Any order made by the Committee may, for the purpose of its enforcement, be made an order of the Supreme Court of Newfoundland and Labrador and shall be enforced in the same manner as any order of that Court.

  • Marginal note:Procedure for enforcement

    (2) To make an order of the Committee an order of the Supreme Court of Newfoundland and Labrador, the practice and procedure established by the Provincial Act for making any order an order of that Court may be followed.

  • Marginal note:When order rescinded or replaced

    (3) When an order of the Committee has been made an order of the Supreme Court of Newfoundland and Labrador, any order of the Committee, or of the Board under section 186, rescinding or replacing the first mentioned order of the Committee, has the effect of cancelling the order of the Court and may in the same manner be made an order of the Court.

  • 1987, c. 3, s. 148
  • 2014, c. 13, s. 26

DIVISION IRegulation of Operations


Marginal note:Governor in Council’s regulatory power

  •  (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

    • (a) defining oil and gas for the purposes of Divisions I and II, installation and equipment for the purposes of sections 139.1 and 139.2 and serious for the purposes of section 165;

    • (b) concerning the exploration and drilling for, and the production, processing and transportation of, petroleum and works and activities related to such exploration, drilling, production, processing and transportation;

    • (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);

    • (c) authorizing the Board, or any person, to make such orders as may be specified in the regulations, and to exercise such powers and perform such duties as may be necessary for

      • (i) the management and control of petroleum production,

      • (ii) the removal of petroleum from the offshore area, and

      • (iii) the design, construction, operation or abandonment of pipeline within the offshore area;

    • (d) concerning arbitration for the purposes of subsection 138.1(2), including the costs of or incurred in relation to such arbitrations;

    • (e) concerning the approvals to be granted as conditions of authorizations issued under paragraph 138(1)(b);

    • (f) concerning certificates for the purposes of section 139.2;

    • (g) prohibiting the introduction into the environment of substances, classes of substances and forms of energy, in prescribed circumstances;

    • (h) authorizing the discharge, emission or escape of petroleum for the purposes of subsection 160(1) in such quantities, at such locations, under such conditions and by such persons as may be specified in the regulations;

    • (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

    • (i) prescribing anything that is required to be prescribed for the purposes of this Part.

  • Marginal note:Incorporation of standards or specifications

    (2) Unless otherwise provided in this Part, regulations made under subsection (1) may incorporate by reference the standards or specifications of any government, person or organization, either as of a fixed time or as amended from time to time.

  • 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 subsection 7(1), be made on the recommendation of the Federal Minister and the Minister of the Environment.

  • 1987, c. 3, s. 149
  • 1992, c. 35, s. 63
  • 2015, c. 4, ss. 54, 117

Marginal note:Amendments to Schedule 1 or 2

  •  (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.

  • 2015, c. 4, s. 55

Marginal note:Publication of proposed regulations

  •  (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under this Division shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to interested persons to make representations to the Federal Minister with respect thereto.

  • Marginal note:Single publication required

    (2) No proposed regulation need be published more than once under subsection (1) whether or not it is altered or amended after such publication as a result of representations made by interested persons as provided in that subsection.

  • 1987, c. 3, s. 150
  • 1994, c. 26, s. 14(F)

Marginal note:Equivalent standards and exemptions

  •  (1) Subject to subsection (2), the Chief Safety Officer and Chief Conservation Officer may

    • (a) authorize the use of equipment, methods, measures or standards in lieu of any required by any regulation made under section 149, if those Officers are satisfied that the use of that other equipment and those other methods, measures or standards would provide a level of safety, protection of the environment and conservation equivalent to that provided by compliance with the regulations; or

    • (b) grant an exemption from any requirement imposed, by any regulation made under section 149, in respect of equipment, methods, measures or standards, if those Officers are satisfied with the level of safety, protection of the environment and conservation that will be achieved without compliance with that requirement.

  • Marginal note:One officer authorizations

    (2) The Chief Safety Officer alone may exercise the powers referred to in paragraph (1)(a) or (b) if the regulatory requirement referred to in that paragraph does not relate to protection of the environment or conservation, and the Chief Conservation Officer alone may exercise those powers if the regulatory requirement does not relate to safety.

  • Marginal note:No contravention

    (3) No person contravenes the regulations if that person acts in compliance with an authorization or exemption under subsection (1) or (2).

  • 1987, c. 3, s. 151
  • 1992, c. 35, s. 64
  • 2014, c. 13, s. 27

Marginal note:Guidelines and interpretation notes

  •  (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:Deemed not to be statutory instruments

    (2) Guidelines and interpretation notes issued pursuant to subsection (1) shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act.

  • 1987, c. 3, s. 151.1
  • 1992, c. 35, s. 65
  • 2015, c. 4, s. 56
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