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

Act current to 2019-06-20 and last amended on 2017-06-22. Previous Versions

PART IIIPetroleum Operations (continued)

DIVISION IRegulation of Operations (continued)

Regulations (continued)

Marginal note:Amendment to Schedule V or VI

  •  (1) The Governor in Council may, by order, amend Schedule V or VI 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. 91

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.

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 153, if those Officers are satisfied that the use of that other equipment or 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 153, 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).

  • 1988, c. 28, s. 155
  • 1992, c. 35, s. 102
  • 2014, c. 13, s. 68

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, 142 and 143 and subsection 168(1.01) and any regulations made under sections 30.1 and 153.

  • 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.

  • 1988, c. 28, s. 156
  • 2015, c. 4, s. 92

 [Repealed, 2014, c. 13, s. 69]

Marginal note:Production orders

  •  (1) Where the Chief Conservation Officer, on reasonable grounds, is of the opinion that, with respect to an interest in any portion of the offshore area, the capability exists to commence, continue or increase production of petroleum and that a production order would stop waste, the Chief Conservation Officer may order the commencement, continuation or increase of production of petroleum at such rates and in such quantities as are specified in the order.

  • Marginal note:Ceasing production

    (2) Where the Chief Conservation Officer, on reasonable grounds, is of the opinion that an order under this section would stop waste, the Chief Conservation Officer may order a decrease or the cessation or suspension of production of petroleum for any period specified in the order.

  • Marginal note:Investigation and appeal

    (3) Subsections 160(2) to (4) and section 162 apply, with such modifications as the circumstances require, to an order under subsection (1) or (2) as if it were an order under subsection 160(1).

  • Marginal note:Access to files and records

    (4) A person subject to an order under subsection (1) or (2) shall, on request, afford the Chief Conservation Officer or a person designated by the Chief Conservation Officer access to premises, files and records for all reasonable purposes related to the order.

  • 1988, c. 28, s. 158
  • 1992, c. 35, s. 104

Waste

Marginal note:Waste prohibited

  •  (1) Subject to subsection 199(5), any person who commits waste is guilty of an offence under this Division, but a prosecution may be instituted for such an offence only with the consent of the Board.

  • Definition of waste

    (2) In this Part, waste, in addition to its ordinary meaning, means waste as understood in the petroleum industry and in particular, but without limiting the generality of the foregoing, includes

    • (a) the inefficient or excessive use or dissipation of reservoir energy;

    • (b) the locating, spacing or drilling of a well within a field or pool or within part of a field or pool or the operating of any well that, having regard to sound engineering and economic principles, results or tends to result in a reduction in the quantity of petroleum ultimately recoverable from a pool;

    • (c) the drilling, equipping, completing, operating or producing of any well in a manner that causes or is likely to cause the unnecessary or excessive loss or destruction of petroleum after removal from the reservoir;

    • (d) the inefficient storage of petroleum above ground or underground;

    • (e) the production of petroleum in excess of available storage, transportation or marketing facilities;

    • (f) the escape or flaring of gas that could be economically recovered and processed or economically injected into an underground reservoir; or

    • (g) the failure to use suitable artificial, secondary or supplementary recovery methods in a pool when it appears that such methods would result in increasing the quantity of petroleum ultimately recoverable under sound engineering and economic principles.

Marginal note:Prevention of waste

  •  (1) Where the Chief Conservation Officer on reasonable grounds is of the opinion that waste, other than waste as defined in paragraph 159(2)(f) or (g), is being committed, the Chief Conservation Officer may, subject to subsection (2), order that all operations giving rise to such waste cease until the Chief Conservation Officer is satisfied that the waste has stopped.

  • Marginal note:Investigation

    (2) Before making any order under subsection (1), the Chief Conservation Officer shall hold an investigation at which interested persons shall be given an opportunity to be heard.

  • Marginal note:Peremptory order

    (3) Notwithstanding subsection (2), the Chief Conservation Officer may, without an investigation, make an order under this section requiring all operations to be shut down if in the opinion of the Chief Conservation Officer it is necessary to do so to prevent damage to persons or property or to protect the environment, but as soon as possible after making any such order and in any event within fifteen days thereafter, the Chief Conservation Officer shall hold an investigation at which interested persons shall be given an opportunity to be heard.

  • Marginal note:Order after inquiry

    (4) At the conclusion of an investigation under subsection (3), the Chief Conservation Officer may set aside, vary or confirm the order made or make a new order.

  • 1988, c. 28, s. 160
  • 1992, c. 35, s. 105

Marginal note:Taking over management

  •  (1) For the purpose of giving effect to an order made under section 160, the Chief Conservation Officer may authorize such persons as may be necessary to enter the place where the operations giving rise to the waste are being carried out and take over the management and control of those operations and any works connected therewith.

  • Marginal note:Controlling operations and costs thereof

    (2) A person authorized under subsection (1) to take over the management and control of operations shall manage and control those operations and do all things necessary to stop the waste, and the cost thereof shall be borne by the person who holds the permit or the lease and, until paid, constitutes a debt recoverable by action in any court of competent jurisdiction as a debt due to the Board.

  • 1988, c. 28, s. 161
  • 1992, c. 35, s. 106(F)
 
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