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 IJoint Management (continued)

Administration (continued)

Marginal note:Staff of the Board

  •  (1) The Board 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 Board 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 Board, was employed in the public service shall be deemed to be a person employed in the public service in the Department of Energy, Mines and Resources in the location where that person is performing duties for the Board and in a position of an occupational nature and at a level equivalent to the position in which that person is employed by the Board; and

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

  • 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.

  • 1988, c. 28, s. 26
  • 2003, c. 22, ss. 123, 225(E), 232
  • 2014, c. 13, s. 58
  • 2017, c. 9, s. 55

Marginal note:Auditor

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

Marginal note:Audit and evaluation committee

  •  (1) The Board shall appoint an audit and evaluation committee consisting of not fewer than three members of the Board 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 Board act in accordance with management systems and controls established by the Board.

  • 2014, c. 13, s. 59

Marginal note:Budget

  •  (1) The Board shall, in respect of each fiscal year, prepare a budget sufficient to permit the Board 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 Board 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) The Government of Canada shall pay one-half of the aggregate of the expenditures set out in the budget or revised budget, where applicable, submitted and approved pursuant to this section in respect of each fiscal year.

  • 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

 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 Board.

Marginal note:Annual report

  •  (1) The Board 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 Board, 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.

  • 1988, c. 28, s. 30
  • 2014, c. 13, s. 60

Cost Recovery

Marginal note:Regulations respecting fees, etc.

  •  (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 Board, 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 Board’s activities under this Act or under the Canadian Environmental Assessment Act, 2012, that are to be paid by

      • (i) a person who makes an application for an authorization under paragraph 142(1)(b) 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); 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 Board’s activities under this Act or under the Canadian Environmental Assessment Act, 2012.

  • 2015, c. 4, s. 74

Marginal note:Non-application of Service Fees Act

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

  • 2015, c. 4, s. 74
  • 2017, c. 20, s. 454

Marginal note:Remittance of fees and charges

 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.

  • 2015, c. 4, s. 74
 
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