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Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (S.C. 1988, c. 28)

Act current to 2019-12-03 and last amended on 2019-08-28. Previous Versions

Condition Precedent for Certain Regulations

Marginal note:Provincial Minister’s approval

  •  (1) Before a regulation is made under subsection 5(1) or 17(4), section 30.1, subsection 35(8), 39(7) or 45(7), section 67, subsection 70(2), section 121, subsection 125(1), 128(1), 153(1), 167(2.3), 168(1.02) or 207.01(1) or section 208, 245 or 248, the Federal Minister shall consult the Provincial Minister with respect to the proposed regulation and the regulation shall not be made without the Provincial Minister’s approval.

  • Marginal note:Approval of Provincial Minister

    (2) Before a regulation is made under subsection 210.001(3) or (4) or 210.126(1), the Federal Minister shall consult the minister of the government of the Province who is responsible for occupational health and safety with respect to the proposed regulation and no regulation shall be so made without the approval of that minister.

  • 1988, c. 28, s. 6
  • 2014, c. 13, s. 56
  • 2015, c. 4, ss. 72, 117

Amendment of Accord

Marginal note:Amendment of Accord

 The Government of Canada, as represented by the Prime Minister of Canada or by such other member of the Queen’s Privy Council for Canada as may be designated by the Governor in Council, may, jointly with the Government of Nova Scotia, amend the Accord from time to time.

Application

Marginal note:Application

  • 1988, c. 28, s. 8
  • 1992, c. 35, s. 84

PART IJoint Management

Establishment of Board

Marginal note:Jointly established Board

  •  (1) There is established by the joint operation of this Act and the Provincial Act a board to be known as the Canada-Nova Scotia Offshore Petroleum Board.

  • Marginal note:Treated as Provincial entity

    (2) Subject to subsections (3) and (4), the Board shall for all purposes be treated as having been established by or under a law of the Province.

  • Marginal note:Powers of corporation

    (3) The Board has the legal powers and capacities of a corporation incorporated under the Canada Business Corporations Act, including those set out in section 21 of the Interpretation Act.

  • Marginal note:Dissolution of Board

    (4) The Board may be dissolved only by the joint operation of an Act of Parliament and an Act of the Legislature of the Province.

  • 1988, c. 28, s. 9
  • 1992, c. 35, s. 85
  • 1994, c. 24, s. 34(F)

Marginal note:Board consisting of five members

  •  (1) The Board shall consist of five members.

  • Marginal note:Federal and Provincial appointees

    (2) Two members of the Board are to be appointed by the Federal Government, two by the Provincial Government and the Chairperson of the Board is to be appointed by both the Federal Government and the Provincial Government.

  • Marginal note:Alternate members

    (3) Each government may appoint one alternate member to act as a member of the Board in the absence or incapacity of any of the members of the Board appointed by that government.

  • Marginal note:Joint appointees

    (4) Notwithstanding subsection (2) or (3), any member or alternate member of the Board may be appointed by both the Federal Government and the Provincial Government.

  • 1988, c. 28, s. 10
  • 2014, c. 13, s. 91(E)

Marginal note:Definitions

  •  (1) In this section and section 12,

    public servant

    public servant means a person employed in the Public Service of Canada, and includes any other person who is a civil servant within the meaning of the Provincial Act; (fonctionnaire)

    Public Service of Canada

    Public Service of Canada has the meaning given the expression public service in the Federal Public Sector Labour Relations Act, and includes any portion of the federal public administration designated by order in council pursuant to this subsection and for the purposes of this section as part of the Public Service of Canada. (administration fédérale)

  • Marginal note:Qualifications

    (2) Not more than two members of the Board may, during the term of office of those members on the Board, be public servants and of those two members, not more than one may be appointed by each government.

  • Marginal note:Qualifications for Chairperson

    (3) The Chairperson of the Board shall not, during the term of office as Chairperson, be a public servant.

  • 1988, c. 28, s. 11
  • 2003, c. 22, s. 122(E)
  • 2014, c. 13, s. 91(E)
  • 2017, c. 9, s. 55

Marginal note:Term of office of Board members

  •  (1) Subject to subsection (2), each member of the Board, including the Chairperson, shall be appointed for a term of six years.

  • Marginal note:Terms of first members

    (2) The first two members of the Board, other than the Chairperson, to be appointed by each government shall be appointed for terms of four and five years, respectively.

  • Marginal note:Re-appointment

    (3) On the expiration of a term of office, the Chairperson or a member of the Board is eligible for re-appointment for one or more further terms.

  • Marginal note:Good behaviour appointments for members who are not public servants

    (4) Any member of the Board who is not a public servant holds office during good behaviour, but may be removed for cause

    • (a) where the member is appointed by either government, by that government; or

    • (b) where the member is appointed by both governments, by both governments.

  • Marginal note:Appointments of public servants during pleasure

    (5) Any member of the Board who is a public servant holds office during pleasure.

  • 1988, c. 28, s. 12
  • 2014, c. 13, s. 91(E)

Marginal note:Deemed consultation between governments re Chairperson

  •  (1) Consultation between the two governments with respect to the selection of the Chairperson of the Board shall be deemed to commence

    • (a) six months prior to the expiration of the term of office of the incumbent Chairperson, or

    • (b) where applicable, on the date of receipt by the Board of notice of the death, resignation or termination of appointment of the incumbent Chairperson,

    whichever occurs earlier.

  • Marginal note:Where no agreement on Chairperson

    (2) Where the two governments fail to agree on the appointment of the Chairperson of the Board within three months after the commencement of consultation between the governments, the Chairperson shall be selected pursuant to subsection (3) by a panel constituted in accordance with section 47, unless, at any time prior to the selection of the Chairperson by the panel, the two governments agree on the appointment.

  • Marginal note:Selection of Chairperson of Board within 60 days

    (3) The Chairperson of the Board shall be selected, from among persons nominated by each government, by the panel within 60 days after the appointment of the chairperson of the panel.

  • Marginal note:Decision of panel binding

    (4) The decision of the panel selecting a Chairperson of the Board is final and binding on both governments.

  • 1988, c. 28, s. 13
  • 2014, c. 13, ss. 57(E), 91(E)

Marginal note:Absence or incapacity of Chairperson

 The Board shall designate a member to act as Chairperson of the Board during any absence or incapacity of the Chairperson or vacancy in the office of Chairperson, and that person, while acting as Chairperson, has and may exercise all of the powers and perform all of the duties and functions of the Chairperson.

  • 1988, c. 28, s. 14
  • 2014, c. 13, s. 91(E)
 
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