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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 IIPetroleum Resources (continued)

DIVISION IGeneral

Manner of Giving Notices

Marginal note:Giving notice

 Where a notice is required to be given under this Part or the regulations, it shall be given in such form and manner as may be prescribed and shall contain such information as may be prescribed.

  • 1988, c. 28, s. 52
  • 1992, c. 1, s. 144(F)

Her Majesty

Marginal note:Binding on Her Majesty

 This Part is binding on Her Majesty in right of Canada or a province.

Designations and Appointments

Marginal note:Delegation

 The Board may designate any person to exercise the powers and perform the duties and functions under this Part that are specified in the designation and on such designation that person may exercise those powers and shall perform those duties and functions subject to such terms and conditions, if any, as are specified in the designation.

Marginal note:Advisory bodies

  •  (1) The Board may from time to time appoint and fix the terms of reference of such advisory bodies as the Board considers appropriate to advise the Board with respect to such matters relating to the administration or operation of this Part or Part III as are referred to them by the Board.

  • Marginal note:Remuneration

    (2) The members of any advisory body appointed under subsection (1) may be paid for their services such remuneration and expenses as are fixed by the Board.

Marginal note:Appointment of representative

  •  (1) Where an interest owner consists of two or more holders, such holders shall, in the manner prescribed, appoint one of their number to act as representative of the interest owner for the purposes of this Part, but such holders may, with the consent of the Board, appoint different representatives for different purposes.

  • Marginal note:Designation of representative

    (2) In the event that an interest owner consisting of two or more holders fails to appoint a representative for any of the purposes of this Part, the Board may designate one of such holders as the representative of the interest owner for such purposes.

  • Marginal note:Acts or omissions of representative binding

    (3) An interest owner is bound by the acts or omissions of the appointed or designated representative of the interest owner with respect to any matter to which the authority of the representative extends.

  • Marginal note:Duties of representative

    (4) A representative of an interest owner appointed or designated under this section shall perform the duties in respect of the purposes for which that representative has been appointed or designated, and any operating agreement or other similar arrangement in force in respect of the relevant interest of that interest owner stands varied or amended to the extent necessary to give effect to this subsection.

General Rules Respecting Interests

Marginal note:No issuance of interests in respect of certain areas

  •  (1) Subject to sections 32 to 37, the Board may, except in a case referred to in subsection (2), by order, for such purposes and under such conditions as may be set out in the order, prohibit the issuance of interests in respect of such portions of the offshore area as are specified in the order.

  • Marginal note:Exclusive decision of Federal Minister

    (2) The Federal Minister may, by order, in the case of a disagreement with any foreign government concerning the location of an international boundary and under such conditions as may be set out in the order, prohibit the issuance of interests in respect of such portions of the offshore area as are specified in the order.

Marginal note:Surrender of interests

  •  (1) An interest owner may, in the manner prescribed and subject to any requirements that may be prescribed respecting the minimum geographical area to which an interest may relate, surrender an interest in respect of all or any portion of the offshore area subject to the interest.

  • Marginal note:Debts due to Her Majesty not affected

    (2) Any liability of an interest owner or interest holder to Her Majesty in right of Canada, either direct or by way of indemnity, that exists at the time of any surrender under subsection (1) is not affected by the surrender.

Marginal note:Orders to prohibit activities in certain circumstances

  •  (1) Subject to subsection (2), the Board may, in the case of

    • (a) an environmental or social problem of a serious nature, or

    • (b) dangerous or extreme weather conditions affecting the health or safety of people or the safety of equipment,

    by order, prohibit any interest owner specified in the order from commencing or continuing any work or activity on all or any portion of the offshore area subject to the interest.

  • Marginal note:Fundamental decisions

    (2) An order of the Board made in a case referred to in paragraph (1)(a) is subject to sections 32 to 37.

  • Marginal note:Order of Federal Minister

    (3) The Federal Minister may, in the case of a disagreement with any foreign government concerning the location of an international boundary, by order, prohibit any interest owner specified in the order from commencing or continuing any work or activity on all or any portion of the offshore area subject to the interest.

  • Marginal note:Suspension of requirements in relation to interest

    (4) Where, by reason of an order made under subsection (1) or (3), any requirement in relation to an interest cannot be complied with while the order is in force, compliance with the requirement is suspended until the order is revoked.

  • Marginal note:Extension of term of interest

    (5) Notwithstanding any other provision in this Act, the term of an interest that is subject to an order under subsection (1) or (3) and the period provided for compliance with any requirement in relation to the interest are extended for a period equal to the period that the order is in force.

  • Marginal note:Relieving authority not affected

    (6) Nothing in this section affects the authority of the Board to relieve a person from any requirement in relation to an interest or under this Part or the regulations.

DIVISION IIGeneral Rules Relating to Issuance of Interests

Authority to Issue Interests

Marginal note:Authority to issue interests

  •  (1) The Board may issue interests in respect of any portion of the offshore area in accordance with this Part and the regulations.

  • Marginal note:Fundamental decision

    (2) The issuance of an interest by the Board is subject to sections 32 to 37 unless the interest is issued pursuant to subsection 76(1) or paragraph 84(1)(a).

  • Marginal note:Application of interest may be limited

    (3) Subject to subsection (4), the application of any interest may be restricted to such geological formations and to such substances as may be specified in the interest.

  • Marginal note:Non-retrospective effect of subsection (3)

    (4) Subsection (3) does not apply to any interest

    • (a) that is in force or in respect of which negotiations were completed before or on the coming into force of this section in relation to any portion of the offshore area; or

    • (b) that immediately succeeds an interest referred to in paragraph (a) in relation to that portion of the offshore area where that portion was not a Crown reserve area on the expiration of the interest referred to in paragraph (a).

Issuance of Interests in Relation to Crown Reserve Areas

Marginal note:Calls for bids

  •  (1) Subject to section 64, the Board shall not issue an interest in relation to Crown reserve areas unless

    • (a) prior thereto, the Board has made a call for bids in relation to those Crown reserve areas by publishing a notice in accordance with this section and section 66; and

    • (b) the interest is issued to the person who submitted, in response to the call, the bid selected by the Board in accordance with subsection 62(1).

  • Marginal note:Fundamental decision

    (2) The making of a call for bids by the Board is subject to sections 32 to 37.

  • Marginal note:Requests for postings of portions of the offshore area

    (3) Any request received by the Board to make a call for bids in relation to particular portions of the offshore area shall be considered by the Board in selecting the portions of the offshore area to be specified in a call for bids.

  • Marginal note:Contents of call

    (4) A call for bids shall specify

    • (a) the interest to be issued and the portions of the offshore area to which the interest is to apply;

    • (b) where applicable, the geological formations and substances to which the interest is to apply;

    • (c) the other terms and conditions subject to which the interest is to be issued;

    • (d) any terms and conditions that a bid must satisfy to be considered by the Board;

    • (e) the form and manner in which a bid is to be submitted;

    • (f) subject to subsection (5), the closing date for the submission of bids; and

    • (g) the sole criterion that the Board will apply in assessing bids submitted in response to the call.

  • Marginal note:Time of publishing call

    (5) Unless otherwise prescribed, a call for bids shall be published at least one hundred and twenty days before the closing date for the submission of bids specified in the call.

 
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