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

Administration

Marginal note:Meetings of Regulator

19 A meeting of the Regulator shall be held

• (a) once every month unless the members of the Regulator unanimously agree to defer such a meeting; and

• (b) at any other time

  • (i) at the call of the Chairperson of the Regulator,

  • (ii) on the request of any two members of the Regulator, or

  • (iii) on the request of the Federal Minister or the Provincial Minister to review any matter referred to it by that Minister.

Marginal note:Quorum

• 20 (1) Four members constitute a quorum of the Regulator.

• Marginal note:Majority vote

  (2) Where, in the absence of unanimous agreement, a vote is required to be taken in respect of a decision of the Regulator, the decision shall be made on the basis of a majority vote of the members of the Regulator.

Marginal note:Location of offices and staff

21 The principal office and staff of the Regulator shall be located in the Province.

Marginal note:Storage of information

22 The Regulator shall establish, maintain and operate a facility in the Province for the storage and curatorship of

• (a) all petroleum-related geophysical records and geological and hydrocarbon samples relating to the offshore area; and

• (b) all geological, geophysical, geotechnical and environmental records and geological and geotechnical samples relating to offshore renewable energy.

Marginal note:By-laws and guidelines

23 Subject to this Act and the Atlantic Accord, the Regulator may

• (a) make by-laws respecting

  • (i) the members, officers and employees of the Regulator,

  • (ii) the attendance and participation, including voting rights, at meetings of the Regulator of alternate members of the Regulator appointed pursuant to subsection 10(5),

  • (iii) the manner of appointing the officers and employees of the Regulator on the basis of selection according to merit, including the holding of open competitions therefor,

  • (iv) the procedures to be followed in the performance of any of the duties and functions of the Regulator,

  • (v) the conduct of meetings of the Regulator,

  • (vi) the manner of dealing with matters and business before the Regulator, and

  • (vii) generally, the carrying on of the work of the Regulator and the management of the internal affairs thereof; and

• (b) establish conflict of interest guidelines respecting persons employed by the Regulator pursuant to subsection 25(1).

Marginal note:Chief Executive Officer

• 24 (1) There shall be a Chief Executive Officer of the Regulator who

  • (a) where both the Federal Government and the Provincial Government appoint the Chairperson as Chief Executive Officer, is the Chairperson of the Regulator; or

  • (b) in any other case, is to be appointed by the Regulator by means of an open competition.

• Marginal note:Approval required

  (2) The appointment of a Chief Executive Officer pursuant to paragraph (1)(b) is subject to the approval of both governments.

• Marginal note:Panel to choose Chief Executive Officer in the absence of agreement

  (3) Where either government fails to make an appointment pursuant to paragraph (1)(a) or to approve the appointment of a Chief Executive Officer pursuant to paragraph (1)(b), the Chief Executive Officer shall be appointed by both the Federal Government and the Provincial Government after having been selected in accordance with section 12 and that section applies, with such modifications as the circumstances require, to the selection of the Chief Executive Officer.

• Marginal note:Application of subsection 13(1)

  (4) Subsection 13(1) applies, with such modifications as the circumstances require, to the appointment of the Chief Executive Officer pursuant to paragraph (1)(a) or subsection (3).

• Marginal note:Absence or incapacity of Chief Executive Officer

  (5) The Regulator shall designate a person to act as Chief Executive Officer during any absence or incapacity of that Officer or vacancy in the office of Chief Executive Officer and that person, while acting as Chief Executive Officer, has and may exercise all the powers and perform all of the duties and functions of that office.

Marginal note:Staff of the Regulator

• 25 (1) The Regulator may, on the recommendation of the Chief Executive Officer, employ such other officers and such employees as are necessary to properly perform the duties and functions of the Regulator under this Act and the Atlantic Accord.

• Marginal note:Method of selection

  (2) The appointment of every person employed pursuant to subsection (1) shall be based on selection according to merit.

• Marginal note:Presumption

  (3) Except as provided in subsection (4), every person employed pursuant to subsection (1) is deemed not to be employed in the federal public administration or the public service of the Province.

• Marginal note:Mobility of staff

  (4) For the purpose of being eligible for appointment to a position in the public service by an appointment process under the Public Service Employment Act,

  • (a) any person who, immediately prior to being employed by the Regulator, was employed in the public service shall be deemed to be a person employed in the public service in the Department of Natural Resources in the location where that person is performing duties for the Regulator and in a position of an occupational nature and at a level equivalent to the position in which that person is employed by the Regulator; and

  • (b) any person who, immediately prior to being employed by the Regulator, was not employed in the public service shall, two years after being employed by the Regulator, be deemed to be a person employed in the public service in the Department of Natural Resources in the location where that person is performing duties for the Regulator and in a position of an occupational nature and at a level equivalent to the position in which that person is employed by the Regulator.

• Marginal note:Application of Newfoundland and Labrador legislation

  (4.1) Newfoundland and Labrador social legislation as defined in subsection 205.001(1), the provisions of the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time, and the provisions of the Occupational Health and Safety Act, R.S.N.L. 1990, c. O-3, as amended from time to time, and any regulations made under that legislation or those Acts, apply to persons employed under subsection (1).

• Marginal note:Non-application of Canada Labour Code

  (4.2) Despite section 4 and subsections 123(1) and 168(1) of the Canada Labour Code, that Act does not apply to persons employed under subsection (1).

• Marginal note:Definition of public service

  (5) In this section, public service has the same meaning as in the Federal Public Sector Labour Relations Act.

Marginal note:Auditor

26 The Regulator shall appoint an auditor, for such term as is set by the Regulator, for the purposes of auditing the financial statements of the Regulator.

Marginal note:Audit and evaluation committee

• 26.1 (1) The Regulator shall appoint an audit and evaluation committee consisting of not fewer than three members of the Regulator and fix the duties and functions of the committee and may, by by-law, provide for the payment of expenses to the members of the committee.

• Marginal note:Internal audit

  (2) In addition to any other duties and functions that it is required to perform, the audit and evaluation committee shall cause internal audits to be conducted to ensure that the officers and employees of the Regulator act in accordance with management systems and controls established by the Regulator.

Marginal note:Budget

• 27 (1) The Chief Executive Officer shall, in respect of each fiscal year, prepare a budget for the Regulator sufficient to permit the Regulator to properly exercise its powers and perform its duties and functions.

• Marginal note:Submission to governments

  (2) Following approval of the budget by the Regulator, the budget shall be submitted to the Federal Minister and the Provincial Minister, at such time as may be specified by each Minister, for their consideration and approval.

• Marginal note:Revised budget

  (3) Where it appears that the actual aggregate of the expenditures of the Regulator in respect of any fiscal year is likely to be substantially greater or less than that estimated in its budget in respect of that fiscal year, the Regulator shall submit to both Ministers for their consideration and approval a revised budget in respect of that fiscal year containing such particulars as may be requested by either Minister.

• Marginal note:Payment of operating costs

  (4) Subject to subsection (4.1), the Government of Canada shall pay one-half of the aggregate of the expenditures set out in the budget or revised budget in respect of each fiscal year.

• Marginal note:Payment of specific activities

  (4.1) The Chief Executive Officer may include in the budget or revised budget expenditures associated with specific requirements of one government that are to be paid entirely by that government.

• Marginal note:Appropriation

  (5) Subject to any other Act of Parliament that appropriates moneys for the payment required by subsection (4), the sums required for such payment shall be paid out of the Consolidated Revenue Fund from time to time as required.

Marginal note:Access to books and accounts

28 Subject to subsection 18(2), both the Federal Minister and the Provincial Minister are entitled to have access to the books and accounts of the Regulator.

Marginal note:Annual report

• 29 (1) The Regulator shall, in respect of each fiscal year, prepare a report and submit it to the Federal Minister and the Provincial Minister not later than ninety days after the expiration of that fiscal year.

• Marginal note:Contents of report

  (2) Each annual report submitted under subsection (1) shall contain an audited financial statement and a description of the activities of the Regulator, including those relating to occupational health and safety, during the fiscal year covered by the report.

• Marginal note:Tabling of report

  (3) The Federal Minister shall cause the annual report referred to in this section

  • (a) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day the report is submitted to the Federal Minister; or

  • (b) where it is not possible to cause the report to be laid pursuant to paragraph (a) within thirty days after the day the report is submitted to the Federal Minister, to be published within that thirty day period.

Cost Recovery

Marginal note:Regulations respecting fees, etc.

• 29.1 (1) Subject to section 7, the Governor in Council may make regulations

  • (a) respecting the fees or charges, or the method of calculating the fees or charges, to be paid for the provision, by the Regulator, of a service or product under this Act;

  • (b) respecting the fees or charges, or the method of calculating the fees or charges, in respect of any of the Regulator’s activities under this Act or the Impact Assessment Act, that are to be paid by

    • (i) a person who makes an application for an authorization under paragraph 138(1)(b) or subsection 138.01(1) or an application under subsection 139(2), or

    • (ii) the holder of an operating licence issued under paragraph 138(1)(a) or an authorization issued under paragraph 138(1)(b) or subsection 138.01(1); and

  • (c) respecting the refund of all or part of any fee or charge referred to in paragraph (a) or (b), or the method of calculating that refund.

• Marginal note:Amounts not to exceed cost

  (2) The amounts of the fees or charges referred to in paragraph (1)(a) shall not exceed the cost of providing the services or products.

• Marginal note:Amounts not to exceed cost

  (3) The amounts of the fees or charges referred to in paragraph (1)(b) shall not exceed the cost of the Regulator’s activities under this Act or the Impact Assessment Act.