Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act

Marginal note:Right of entry

• 142.1 (1) Subject to subsection (2), any person may, for the purpose of exploring for or exploiting petroleum, enter on and use any portion of the offshore area in order to carry on a work or activity authorized under paragraph 142(1)(b).

• Marginal note:Right of entry — offshore renewable energy

  (1.1) Subject to subsection (2), any person may, for the purpose of carrying on an offshore renewable energy project, enter on and use any portion of the offshore area in order to carry on a work or activity authorized under subsection 142.011(1).

• Marginal note:Right of entry — abandoned facilities

  (1.2) Subject to subsection (2), any person may enter on and use any portion of the offshore area in order to make contact with, alter or remove an abandoned facility if they have been authorized to do so under subsection 188.3(2).

• Marginal note:Restriction

  (2) If a person occupies a portion of the offshore area under a lawful right or title, other than an authorization under paragraph 142(1)(b) or subsection 142.011(1) or an interest as defined in section 49, no person may enter on or use that portion for a purpose referred to in any of subsections (1) to (1.2) without the consent of the occupier or, if consent has been refused, except in accordance with the terms and conditions imposed by a decision of an arbitrator made in accordance with the regulations.

• Marginal note:Sable Island National Park Reserve of Canada

  (3) With respect to Sable Island National Park Reserve of Canada, the surface access rights provided for under this section are limited to the following:

  • (a) access to existing wellheads for the purposes of safety and environmental protection;

  • (b) petroleum exploration activities with a low impact on the environment, including seismic, geological or geophysical programs;

  • (c) emergency evacuation capacity for offshore workers; and

  • (d) the operation, maintenance and inspection of emergency facilities, including helicopter landing and fuel storage facilities.