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

Act current to 2019-12-03 and last amended on 2019-08-28. Previous Versions

PART IJoint Management (continued)

Coordination of Government Departments and Agencies

Marginal note:Coordination

  •  (1) The Board shall, to ensure effective coordination and avoid duplication of work and activities, conclude with the appropriate departments and agencies of the Government of Canada and of the Government of the Province memoranda of understanding in relation to

    • (a) environmental regulation;

    • (b) emergency measures;

    • (c) coast guard and other marine regulation;

    • (c.1) aviation regulation;

    • (d) employment and industrial benefits for Canadians in general and the people of the Province in particular and the review and evaluation procedures to be followed by both governments and the Board in relation to such benefits;

    • (e) occupational health and safety;

    • (f) a Nova Scotia trunkline within the meaning of section 40; and

    • (g) such other matters as are appropriate.

  • Marginal note:Idem

    (2) The Federal Minister and the Provincial Minister shall be parties to any memorandum of understanding concluded in relation to a matter referred to in paragraph (1)(d).

  • 1988, c. 28, s. 46
  • 2014, c. 13, s. 62

Constitution of Panel

Marginal note:Notice

  •  (1) Before a panel is constituted for the purposes of subsection 13(2), 25(3), 37(1) or 140(5), the government or Minister proposing constitution of the panel shall notify the other government or Minister of the proposal.

  • Marginal note:Appointment of members of panel

    (2) Within thirty days after notice is given pursuant to subsection (1), each government shall appoint one member of the panel.

  • Marginal note:Chairperson of panel

    (3) The chairperson of the panel shall be appointed

    • (a) jointly by the two members of the panel appointed pursuant to subsection (2) within thirty days after the later of the two appointments made pursuant to that subsection; or

    • (b) where the two members of the panel fail to agree on the appointment of the chairperson of the panel within the thirty day period referred to in paragraph (a), by the Chief Justice of Nova Scotia within thirty days after the expiration of that period.

  • 1988, c. 28, s. 47
  • 2014, c. 13, s. 91(E)

Settlement Procedure for Disputes

Definition of agreement

  •  (1) In this section, agreement means an agreement between the Government of Canada and the government of a province respecting resource management and revenue sharing in relation to activities respecting the exploration for or the production of petroleum carried out on any frontier lands.

  • Marginal note:Disputes between neighbouring provinces

    (2) Where a dispute between the Province and any other province that is a party to an agreement arises in relation to the description of any portion of the limits set out in Schedule I and the Government of Canada is unable, by means of negotiation, to bring about a resolution of the dispute within a reasonable time, the dispute shall, at such time as the Federal Minister deems appropriate, be referred to an impartial person, tribunal or body and settled by means of the procedure determined in accordance with subsection (3).

  • Marginal note:Procedures determined by Federal Minister

    (3) For the purposes of this section, the person, tribunal or body to which a dispute is to be referred, the constitution and membership of any tribunal or body and the procedures for the settlement of a dispute shall be determined by the Federal Minister after consultation with the provinces concerned in the dispute.

  • Marginal note:Principles of international law to apply

    (4) Where the procedure for the settlement of a dispute pursuant to this section involves arbitration, the arbitrator shall apply the principles of international law governing maritime boundary delimitation, with such modifications as the circumstances require.

  • Marginal note:Approval of Provincial Minister not required before regulation made

    (5) Notwithstanding section 6, where a dispute is settled pursuant to this section and a regulation under subsection 5(1) amending the description of the portion of the limits set out in Schedule I in relation to which the dispute arose is made in accordance with the settlement, the regulation is not subject to the procedure set out in section 6 with respect to that description.

PART IIPetroleum Resources

Interpretation

Marginal note:Definitions

 In this Part,

call for bids

call for bids means a call for bids made in accordance with section 61; (appel d’offres)

commercial discovery

commercial discovery means a discovery of petroleum that has been demonstrated to contain petroleum reserves that justify the investment of capital and effort to bring the discovery to production; (découverte exploitable)

commercial discovery area

commercial discovery area means, in relation to a declaration of commercial discovery made pursuant to subsection 81(1) or (2), those portions of the offshore area described in the declaration; (périmètre de découverte exploitable)

Crown reserve area

Crown reserve area means portions of the offshore area in respect of which no interest is in force; (réserves de l’État)

former exploration agreement

former exploration agreement means an exploration agreement under the Canada Oil and Gas Land Regulations; (ancien accord d’exploration)

former lease

former lease means an oil and gas lease under the Canada Oil and Gas Land Regulations; (ancienne concession)

former permit

former permit means an exploratory permit under the Canada Oil and Gas Land Regulations; (ancien permis)

former special renewal permit

former special renewal permit means a special renewal permit under the Canada Oil and Gas Land Regulations; (ancien permis spécial de renouvellement)

holder

holder or interest holder means, in respect of an interest or a share therein, the person indicated, in the register maintained pursuant to Division VIII, as the holder of the interest or the share; (Version anglaise seulement)

interest

interest means any former exploration agreement, former lease, former permit, former special renewal permit, exploration licence, production licence or significant discovery licence; (titre)

interest owner

interest owner means the interest holder who holds an interest or the group of interest holders who hold all of the shares in an interest; (Version anglaise seulement)

prescribed

prescribed means

  • (a) in the case of a form or the information to be given on a form, prescribed by the Board, and

  • (b) in any other case, prescribed by regulations made by the Governor in Council; (Version anglaise seulement)

share

share means, with respect to an interest, an undivided share in the interest or a share in the interest held in accordance with section 69; (fraction)

significant discovery

significant discovery means a discovery indicated by the first well on a geological feature that demonstrates by flow testing the existence of hydrocarbons in that feature and, having regard to geological and engineering factors, suggests the existence of an accumulation of hydrocarbons that has potential for sustained production; (découverte importante)

significant discovery area

significant discovery area means, in relation to a declaration of significant discovery made pursuant to subsection 74(1) or (2), those portions of the offshore area described in the declaration. (périmètre de découverte importante)

Marginal note:Aboriginal rights

 Nothing in this Part shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.

Application

Marginal note:Application

 This Part applies to the frontier lands within the offshore area.

 
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