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)

Public Notice

Marginal note:Public notice

  •  (1) Where the Federal Minister

    • (a) issues or jointly issues a directive under section 41,

    • (b) suspends the implementation of a fundamental decision pursuant to section 34, or

    • (c) sets aside a fundamental decision or overrules the setting aside of a fundamental decision pursuant to section 35,

    the Minister shall cause a notice of the Minister’s action and of the fundamental decision in relation to which it is exercised to be published in the Canada Gazette.

  • Marginal note:Text of directive to be made available

    (2) Where a directive is issued under section 41, the notice thereof published pursuant to subsection (1) shall indicate that the text of the directive is available for inspection by any person on request made to the Board.

Strategic Plan for Interests, Exploration and Development

Marginal note:Strategic plan

 During the first month of each calendar year, the Board shall submit to the Federal Minister and the Provincial Minister a plan outlining the anticipated decisions of the Board during that calendar year respecting

  • (a) the making of calls for bids pursuant to Part II with respect to interests to be issued in relation to portions of the offshore area and the issuance and terms and conditions of such interests; and

  • (b) exploration and development of the offshore area.

Public Review

Marginal note:Public review

  •  (1) Subject to any directives issued under subsection 41(1), the Board may conduct a public review in relation to the exercise of any of its powers or the performance of any of its duties where the Board is of the opinion that it is in the public interest to do so.

  • Marginal note:Powers of Board

    (2) Where a public review is conducted pursuant to subsection (1) in relation to any matter, the Board may

    • (a) establish terms of reference and a timetable that will permit a comprehensive review of all aspects of the matter, including those within the authority of Parliament or of the Legislature of the Province;

    • (b) appoint one or more commissioners and, where there is to be more than one commissioner, appoint as commissioners persons nominated by each of the governments in recognition of the authority of Ministers of the Crown in right of Canada or of the Province under any Act of Parliament or of the Legislature of the Province, other than this Act or the Provincial Act, in relation to the matter;

    • (c) cause the commissioners to hold public hearings in appropriate locations in the Province or elsewhere in Canada and report thereon to the Board, the Federal Minister and the Provincial Minister; and

    • (d) where the public review is conducted in relation to any potential development of a pool or field, require the person who proposed the potential development to submit and make available for public distribution a preliminary development plan, an environmental impact statement, a socio-economic impact statement, a preliminary Canada-Nova Scotia benefits plan and any other plan specified by the Board.

  • Marginal note:Powers of commissioners

    (3) On the request of the Board, the Federal Government may, subject to such terms and conditions as it considers necessary, confer on the Board or the commissioners appointed pursuant to paragraph (2)(b) all or any of the powers conferred on persons appointed as commissioners under Part I of the Inquiries Act.

  • Marginal note:Time limit for Board’s recommendations on a plan

    (4) The commissioners shall make their recommendations respecting any preliminary plan or statement submitted pursuant to paragraph (2)(d) within two hundred and seventy days after their receipt of the plan or statement or such shorter period as may be set by the Board.

  • 1988, c. 28, s. 44
  • 2015, c. 4, s. 76(F)

Public Hearings

Marginal note:Public hearings

 The Board may conduct a public hearing in relation to the exercise of any of its powers or the performance of any of its duties and functions as a responsible authority as defined in subsection 2(1) of the Canadian Environmental Assessment Act, 2012.

  • 2015, c. 4, s. 77

Marginal note:Confidentiality

 At any public hearing conducted under section 44.1, the Board may take any measures and make any order that it considers necessary to ensure the confidentiality of any information likely to be disclosed at the hearing if the Board is satisfied that

  • (a) disclosure of the information could reasonably be expected to result in a material loss or gain to a person directly affected by the hearing, or to prejudice the person’s competitive position, and the potential harm resulting from the disclosure outweighs the public interest in making the disclosure; or

  • (b) the information is financial, commercial, scientific or technical information that is confidential information supplied to the Board and

    • (i) the information has been consistently treated as confidential information by a person directly affected by the hearing, and

    • (ii) the person’s interest in confidentiality outweighs the public interest in its disclosure.

  • 2015, c. 4, s. 77

Marginal note:Confidentiality —  security

 At any public hearing conducted under section 44.1, the Board may take any measures and make any order that it considers necessary to ensure the confidentiality of information that is likely to be disclosed at the hearing if the Board is satisfied that

  • (a) there is a real and substantial risk that disclosure of the information will impair the security of pipelines, as defined in section 138, installations, vessels, aircraft or systems, including computer or communication systems, or methods employed to protect them; and

  • (b) the need to prevent disclosure of the information outweighs the public interest in its disclosure.

  • 2015, c. 4, s. 77

Marginal note:Exception

 The Board shall not take any measures or make any order under section 44.2 or 44.3 in respect of information or documentation referred to in paragraphs 122(5)(a) to (e) and (i).

  • 2015, c. 4, s. 77

Canada-Nova Scotia Benefits Plan

Definition of Canada-Nova Scotia benefits plan

  •  (1) In this section, Canada-Nova Scotia benefits plan means a plan for the employment of Canadians and, in particular, members of the labour force of the Province and, subject to paragraph (3)(d), for providing manufacturers, consultants, contractors and service companies in the Province and other parts of Canada with a full and fair opportunity to participate on a competitive basis in the supply of goods and services used in any proposed work or activity referred to in the benefits plan.

  • Marginal note:Canadian and Nova Scotian participation

    (2) Before the Board may approve any development plan pursuant to subsection 143(4) or authorize any work or activity under paragraph 142(1)(b), a Canada-Nova Scotia benefits plan shall be submitted to and approved by the Board, unless the Board waives that requirement in accordance with subsection (6).

  • Marginal note:Particular provisions of plan

    (3) A Canada-Nova Scotia benefits plan shall contain provisions intended to ensure that

    • (a) before carrying out any work or activity in the offshore area, the corporation or other body submitting the plan shall establish in the Province an office where appropriate levels of decision-making are to take place;

    • (b) consistent with the Canadian Charter of Rights and Freedoms, individuals resident in the Province shall be given first consideration for training and employment in the work program for which the plan was submitted and any collective agreement entered into by the corporation or other body submitting the plan and an organization of employees respecting terms and conditions of employment in the offshore area shall contain provisions consistent with this paragraph;

    • (c) a program shall be carried out and expenditures shall be made for the promotion of education and training and of research and development in the Province in relation to petroleum resource activities in the offshore area; and

    • (d) first consideration shall be given to services provided from within the Province and to goods manufactured in the Province, where those services and goods are competitive in terms of fair market price, quality and delivery.

  • Marginal note:Affirmative action programs

    (4) The Board may require that any Canada-Nova Scotia benefits plan include provisions to ensure that disadvantaged individuals or groups have access to training and employment opportunities and to enable such individuals or groups or corporations owned or cooperatives operated by them to participate in the supply of goods and services used in any proposed work or activity referred to in the benefits plan.

  • Marginal note:Duties of Board in reviewing plans

    (5) In reviewing any Canada-Nova Scotia benefits plan, the Board shall consult with both Ministers on the extent to which the plan meets the requirements set out in subsections (1), (3) and (4).

  • Marginal note:Directives

    (6) The Board may, pursuant to subsection (2),

    • (a) subject to any directives issued under subsection 41(1), approve any Canada-Nova Scotia benefits plan; or

    • (b) with the consent of both Ministers, waive the requirement for any Canada-Nova Scotia benefits plan.

  • Marginal note:Regulations

    (7) Subject to section 6, the Governor in Council may make regulations prescribing the time and manner of submission of any Canada-Nova Scotia benefits plan and the form and information to be contained therein.

  • 1988, c. 28, s. 45
  • 1992, c. 35, s. 86
 
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