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

Marginal note:Quorum

• 23 (1) Three members of the Regulator 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:By-laws and guidelines

24 Subject to this Act and the 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(3),

  • (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 for appointments,

  • (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 26(1).

Marginal note:Chief Executive Officer

• 25 (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 pursuant to subsection (4) by a panel constituted in accordance with section 47, unless, at any time prior to the selection of the Chief Executive Officer by the panel, the two governments agree on the appointment.

• Marginal note:Selection within sixty days

  (4) The Chief Executive Officer shall be selected, from among persons nominated by each government, by the panel within sixty days after the appointment of the chairperson of the panel.

• Marginal note:Decision of panel binding

  (5) The decision of the panel selecting a Chief Executive Officer is final and binding on both governments.

• Marginal note:Application of subsection

  (6) Subsection 15(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

  (7) 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

• 26 (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 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), no person employed pursuant to subsection (1) shall, by virtue of that employment, be considered 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 Nova Scotia legislation

  (4.1) Nova Scotia social legislation as defined in subsection 210.001(1), the provisions of the Trade Union Act, R.S.N.S. 1989, c. 475, as amended from time to time, and the provisions of the Occupational Health and Safety Act, S.N.S. 1996, c. 7, 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

27 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

• 27.1 (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

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

• Marginal note:Submission to governments

  (2) 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, a revised budget in respect of that fiscal year, containing such particulars as may be requested by either Minister, shall be submitted to both Ministers for their consideration and approval.

• 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

29 Subject to subsection 19(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

• 30 (1) The Regulator shall, in respect of each fiscal year, prepare a report in both official languages of Canada 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) The 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 to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day on which the report is submitted to the Federal Minister.

Cost Recovery

Marginal note:Regulations respecting fees, etc.

• 30.1 (1) Subject to section 6, 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 142(1)(b) or subsection 142.011(1) or an application under subsection 143(2), or

    • (ii) the holder of an operating licence issued under paragraph 142(1)(a) or an authorization issued under paragraph 142(1)(b) or subsection 142.011(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.

Marginal note:Non-application of Service Fees Act

30.2 The Service Fees Act does not apply to any fees or charges payable in accordance with regulations made under section 30.1.

Marginal note:Remittance of fees and charges

30.3 One half of the amounts of the fees and charges obtained in accordance with regulations made under section 30.1 shall be paid to the credit of the Receiver General and the other half shall be paid to the credit of Her Majesty in right of the Province, in the time and manner prescribed under those regulations.