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

Decisions in Relation to Offshore Management

Marginal note:Board’s decisions final

31 Subject to this Act, the exercise of a power or the performance of a duty by the Board pursuant to this Act is final and not subject to the review or approval of either government or either Minister.

Marginal note:Notice to Ministers of fundamental decisions

• 32 (1) Forthwith after making a fundamental decision, the Board shall give written notice of the decision to the Federal Minister and the Provincial Minister.

• Marginal note:Public notice of fundamental decisions

  (2) The Board shall cause a fundamental decision to be published

  • (a) thirty days after receipt by both Ministers of a notice of the fundamental decision pursuant to subsection (1), or

  • (b) when the fundamental decision is implemented,

  whichever occurs earlier.

Marginal note:Suspension of implementation of fundamental decision

• 33 (1) Subject to subsection (2), a fundamental decision shall not be implemented

  • (a) before the expiration of 30 days after receipt by both Ministers of a notice of the fundamental decision under subsection 32(1) and any further period during which the implementation of the decision is suspended under section 34 or during which, under section 35, the decision may be set aside, the setting aside may be overruled or a determination may be made by the Commission of the Canadian Energy Regulator; or

  • (b) if the decision has been conclusively set aside.

• Marginal note:Exception where approval of both Ministers

  (2) A fundamental decision may be implemented before the expiration of the periods referred to in paragraph (1)(a) where the Board is advised, in writing, that both the Federal Minister and the Provincial Minister approve that decision.

• Marginal note:Decision to be implemented on expiration of delays

  (3) Where, on the expiration of the periods referred to in paragraph (1)(a), a fundamental decision of the Board has not been conclusively set aside, that decision shall be implemented forthwith by the Board.

Marginal note:Suspension rights

34 The Federal Minister or the Provincial Minister may, on giving written notice to the other Minister and the Board within thirty days after receipt of a notice of a fundamental decision pursuant to subsection 32(1), suspend the implementation of the decision during a period not exceeding sixty days after receipt of the notice of the decision pursuant to subsection 32(1).

Marginal note:Veto

• 35 (1) Within thirty days after receipt of a notice of a fundamental decision pursuant to subsection 32(1) and any further period during which the implementation of the decision is suspended pursuant to section 34, the decision may be set aside

  • (a) by both the Federal Minister and the Provincial Minister; or

  • (b) by the Provincial Minister, in the case of

    • (i) a fundamental decision of the Board referred to in paragraph 143(4)(a), or

    • (ii) a fundamental decision with respect to a call for bids pursuant to Part II in relation to, or interests in relation to, a portion of the offshore area that is situated wholly within the Bay of Fundy or Sable Island.

• Marginal note:Federal Minister’s veto

  (2) The Federal Minister may

  • (a) set aside a fundamental decision of the Board within thirty days after receipt of a notice of the decision pursuant to subsection 32(1) or any further period during which the implementation of the decision is suspended pursuant to section 34, or

  • (b) overrule the setting aside of a fundamental decision by the Provincial Minister within thirty days after receipt of a notice to that effect pursuant to subsection (3),

  if, in the opinion of the Federal Minister, the decision, in the case of paragraph (a), or the setting aside of the decision, in the case of paragraph (b), would unreasonably delay the attainment of security of supply.

• Marginal note:Notice

  (3) Where a Minister sets aside a fundamental decision of the Board pursuant to subsection (1) or (2) or the Federal Minister overrules the setting aside of a fundamental decision pursuant to subsection (2), that Minister shall give a written notice to that effect to the other Minister and the Board.

• Marginal note:Commission of the Canadian Energy Regulator

  (4) Despite subsection (2), if the Provincial Minister disagrees with the setting aside or overruling by the Federal Minister in respect of a fundamental decision under subsection (2), the Commission of the Canadian Energy Regulator must, on application made by the Provincial Minister within the time and in the manner that may be prescribed,

  • (a) determine whether the fundamental decision of the Board or the setting aside of that decision would unreasonably delay the attainment of security of supply; and

  • (b) thereby confirm or vacate the setting aside or overruling by the Federal Minister in respect of the fundamental decision.

• Marginal note:Procedures for determination

  (5) A determination of the Commission of the Canadian Energy Regulator made under subsection (4),

  • (a) despite the Canadian Energy Regulator Act, must be made within the time and in the manner that may be prescribed;

  • (b) is final and binding and is not subject to appeal to, or review or setting aside by, any Minister, government, court or other body; and

  • (c) must be published without delay by the Regulator.

• Marginal note:Transitional

  (6) Where an application is made by the Provincial Minister to the Canadian Energy Regulator prior to the coming into force of the first regulation made for the purposes of subsection (4) or paragraph (5)(a), the application and the determination of the Canadian Energy Regulator shall be made in accordance with the procedures and within the periods established by the Canadian Energy Regulator.

• Marginal note:Conclusively set aside

  (7) For the purposes of section 33, a fundamental decision shall be deemed to have been conclusively set aside if

  • (a) it is set aside by both Ministers pursuant to subsection (1);

  • (b) it is set aside by the Provincial Minister pursuant to subsection (1) and the setting aside has not been overruled pursuant to paragraph (2)(b) or, if it has been so overruled, that overruling is vacated pursuant to subsection (4); or

  • (c) it is set aside by the Federal Minister pursuant to subsection (2) and the setting aside has not been vacated pursuant to subsection (4).

• Marginal note:Regulations

  (8) Subject to section 6, the Governor in Council may make regulations prescribing anything that, by this section, is to be prescribed.

• Marginal note:Definitions

  (9) In this section and sections 36 and 37,

  security of supply

  security of supply, in respect of any period, means the anticipation of self-sufficiency during each of the five calendar years in that period, taking into account the aggregate during each such year of anticipated additions to producing capacity and anticipated adjustments to refining capacity; (sécurité des approvisionnements)

  self-sufficiency

  self-sufficiency means a volume of suitable crude oil and equivalent substances available from Canadian hydrocarbon producing capacity that is adequate to supply the total feedstock requirements of Canadian refineries necessary to satisfy the total domestic refined product requirements of Canada, excluding those feedstock requirements necessary to produce specialty refined products; (autosuffisance)

  suitable crude oil and equivalent substances

  suitable crude oil and equivalent substances means those substances that are appropriate for processing in Canadian refineries and that are potentially deliverable to Canadian refineries. (pétrole brut et substances assimilées acceptables)

Marginal note:Determination binding

• 36 (1) For all purposes of this Act, including section 35, where a determination whether security of supply exists is made by both Ministers or by a panel pursuant to section 37 or is deemed to have been made pursuant to subsection (2), it is final and binding for the duration of the period in respect of which it is made.

• Marginal note:Initial period

  (2) In respect of the period commencing on January 1, 1986 and terminating on December 31, 1990, a determination shall be deemed to have been made, for all purposes of this Act, including section 35, that security of supply does not exist.

• Marginal note:Subsequent periods

  (3) Each period following the period referred to in subsection (2) shall commence on the expiration of the period immediately preceding that period and shall be for a duration of five successive calendar years.