Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act (S.C. 1988, c. 28)

Marginal note:Authorizations — Sable Island National Park Reserve of Canada

• 142.01 (1) If the Regulator receives an application for an authorization with respect to a work or activity proposed to be carried on in Sable Island National Park Reserve of Canada, it shall, within 60 days after the day on which it received the application, provide a copy of the application to the Parks Canada Agency.

• Marginal note:Parks Canada Agency

  (2) The Parks Canada Agency shall, within 60 days after the day on which it received the copy of the application, advise the Regulator in writing about any potential impact of the proposed work or activity on the management of the surface of Sable Island National Park Reserve of Canada.

• Marginal note:Regulator to consider advice

  (3) Before deciding whether to issue the authorization, the Regulator shall consider any advice that it receives under subsection (2). If it issues the authorization, it may include in it terms and conditions, including mitigation or remedial measures, to address the potential impact of the proposed work or activity on the management of the surface of Sable Island National Park Reserve of Canada.

Offshore Renewable Energy Authorizations

Marginal note:Authorizations

• 142.011 (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 188.17(1);

  • (d) the carrying out of safety or environmental programs or studies;

  • (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

  • (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 30.1;

  • (c) a requirement undertaken in a declaration referred to in subsection 143.1(2);

  • (d) subsection 143.1(3), 188.2(3) or 188.21(2);

  • (e) any provision of Part III.1; or

  • (f) any applicable regulation.

Impact Assessment

Marginal note:Definition of designated project

• 142.012 (1) For the purposes of this section and sections 142.013 to 142.017, 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 140 or 140.2 of this Act.

• Marginal note:Impact assessment

  (2) If an application for an authorization under paragraph 142(1)(b) or subsection 142.011(1) or an application made under subsection 143(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 140 or 140.2 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

• 142.013 (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 a 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 140 or 140.2 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

142.014 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

142.015 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.

Marginal note:Federal authority’s obligation

142.016 Every federal authority, as defined in section 2 of the Impact Assessment Act, shall provide the Regulator, on request and within the period specified by the Regulator, with any specialist or expert information or knowledge that the authority possesses and that the Regulator may require in order to

• (a) decide whether to authorize a work or activity under subsection 142(1) or 142.011(1);

• (b) decide whether to approve a development plan under subsection 143(4) or any amendment to that plan under subsection 143(5); or

• (c) conduct a regional assessment under section 142.018 or a strategic assessment under section 142.019.

Marginal note:Access to information by authority

142.017 The Regulator shall provide an authority, as defined in section 81 of the Impact Assessment Act, on request and within the period specified by the authority under section 85 of that Act, with any specialist or expert information or knowledge that the Regulator possesses respecting a project, as defined in section 81 of that Act.

Regional Assessments and Strategic Assessments

Marginal note:Regional assessments

• 142.018 (1) The Regulator may conduct a regional assessment of the effects of any existing or future work or activity referred to in sections 140 and 140.2.

• Marginal note:Agreement between Ministers

  (2) The Federal Minister and the Provincial Minister may enter into an agreement with any jurisdiction authorized under any other federal or provincial legislation to conduct a regional assessment of the effects of any existing or future work or activity referred to in sections 140 and 140.2, including to specify the time limits and terms of that regional assessment.

Marginal note:Strategic assessments

• 142.019 (1) The Regulator may conduct a strategic assessment of any proposed or existing policy, plan or program respecting the offshore area or of any issue that is relevant to any existing or future work or activity referred to in sections 140 and 140.2.

• Marginal note:Agreement between Ministers

  (2) The Federal Minister and the Provincial Minister may enter into an agreement with any jurisdiction authorized under any other federal or provincial legislation to conduct a strategic assessment of any proposed or existing policy, plan or program respecting the offshore area or of any issue that is relevant to any existing or future work or activity referred to in sections 140 and 140.2, including to specify the time limits and terms of that strategic assessment.

Marginal note:Access to information by Agency or committee

142.02 The Regulator shall provide the Impact Assessment Agency of Canada or a committee, on request and within the period specified by the Agency or committee under section 100 of the Impact Assessment Act, with any specialist or expert information or knowledge that the Regulator possesses.

Marginal note:Comments for Minister of the Environment

142.021 If the Minister of the Environment shall, for the purposes of any regional assessment of the effects of any existing or future work or activity referred to in section 140 or 140.2 or for the purposes of any strategic assessment in the offshore area, establish the terms of reference and appoint members of a committee or establish the terms of reference of the Impact Assessment Agency of Canada under section 96 of the Impact Assessment Act, the Federal Minister, the Provincial Minister and the Chairperson of the Regulator shall provide the Minister of the Environment with comments respecting those terms of reference or appointments.

Participant Funding Program

Marginal note:Participant funding program

142.022 The Regulator may establish a participant funding program to facilitate the participation of the public and any Indigenous peoples of Canada in consultations concerning any matter respecting the offshore area.

Right of Entry

142.03 [Repealed, 2024, c. 20, s. 170.2]

Marginal note:Right of entry

• 142.1 (1) Subject to subsection (2), any person may, for the purpose of exploring for or exploiting petroleum, enter on and use any portion of the offshore area in order to carry on a work or activity authorized under paragraph 142(1)(b).

• Marginal note:Right of entry — offshore renewable energy

  (1.1) Subject to subsection (2), any person may, for the purpose of carrying on an offshore renewable energy project, enter on and use any portion of the offshore area in order to carry on a work or activity authorized under subsection 142.011(1).

• Marginal note:Right of entry — abandoned facilities

  (1.2) Subject to subsection (2), any person may enter on and use any portion of the offshore area in order to make contact with, alter or remove an abandoned facility if they have been authorized to do so under subsection 188.3(2).

• Marginal note:Restriction

  (2) If a person occupies a portion of the offshore area under a lawful right or title, other than an authorization under paragraph 142(1)(b) or subsection 142.011(1) or an interest as defined in section 49, no person may enter on or use that portion for a purpose referred to in any of subsections (1) to (1.2) without the consent of the occupier or, if consent has been refused, except in accordance with the terms and conditions imposed by a decision of an arbitrator made in accordance with the regulations.

• Marginal note:Sable Island National Park Reserve of Canada

  (3) With respect to Sable Island National Park Reserve of Canada, the surface access rights provided for under this section are limited to the following:

  • (a) access to existing wellheads for the purposes of safety and environmental protection;

  • (b) petroleum exploration activities with a low impact on the environment, including seismic, geological or geophysical programs;

  • (c) emergency evacuation capacity for offshore workers; and

  • (d) the operation, maintenance and inspection of emergency facilities, including helicopter landing and fuel storage facilities.