SOR/2016-26020169
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CANADA MARINE ACTPort of Prince Rupert Liquefied Natural Gas Facilities RegulationsP.C.2016-84320169
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His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 64.1a of the Canada Marine Actb, makes the annexed Port of Prince Rupert Liquefied Natural Gas Facilities Regulations.S.C. 2014, c. 39, s. 231S.C. 1998, c. 10Interpretation
DefinitionsThe following definitions apply in these Regulations.incorporated laws means the statutes and regulations of British Columbia, or the portions of them, that are in force and that are incorporated by reference by the schedule, as amended from time to time and as adapted by sections 11 to 21. (texte législatif incorporé)liquefied natural gas activity means the processing or storage of natural gas or, to the extent that it relates to the process of liquefying natural gas and making it available for transfer onto a ship, the construction or operation of a pipeline or facility. (activité de gaz naturel liquéfié)liquefied natural gas related activity means a related activity, as defined in section 1(2) of the British Columbia Oil and Gas Activities Act, S.B.C. 2008, c. 36, the carrying out of which is required for or facilitates the carrying out of a liquefied natural gas activity. (activité connexe au gaz naturel liquéfié)port of Prince Rupert means the navigable waters under the jurisdiction of the Prince Rupert Port Authority and the real property and immovables that the port authority manages, holds or occupies as set out in its letters patent. (port de Prince-Rupert)
British Columbia Interpretation ActThe incorporated laws are to be interpreted in accordance with the British Columbia Interpretation Act, R.S.B.C. 1996, c. 238, as amended from time to time, and, for that purpose, a reference to “enactment” in that Act is to be read to include the incorporated laws.
British Columbia statutes and regulationsUnless otherwise indicated in these Regulations, the statutes and regulations referred to in sections 14 to 21 are statutes and regulations of British Columbia.
Designated Class of Undertaking
Paragraph 64.1(2)(a) of the Canada Marine ActFor the purposes of paragraph 64.1(2)(a) of the Canada Marine Act, liquefied natural gas activities and liquefied natural gas related activities at the port of Prince Rupert are designated as a class of undertaking to which these Regulations apply.
Application of Laws
Incorporation by referenceSubject to subsection (2), the incorporated laws apply in respect of liquefied natural gas activities and liquefied natural gas related activities at the port of Prince Rupert.British Columbia Drinking Water Protection ActThe provisions of the British Columbia Drinking Water Protection Act, S.B.C. 2001, c. 9, that are incorporated laws, and the regulations made under that Act that are incorporated laws, apply only to the construction, operation and use of a work camp in connection with the carrying out of a liquefied natural gas activity or liquefied natural gas related activity at the port of Prince Rupert.
Incorporation — procedural mattersUnless otherwise provided in these Regulations and subject to the adaptations set out in sections 11 to 21, the following are to conform to the laws of British Columbia, whether or not those laws have been specified in the schedule:the enforcement of incorporated laws;the prosecution of an offence, or any other proceedings, in relation to the contravention of an incorporated law;the review or appeal of an action or decision taken, or of a failure to take an action that could have been taken, under an incorporated law; andany requirements for notice or service in relation to an action to be taken under an incorporated law.Related powers, duties or functionsFor the purposes of subsection (1), a person or body that has a power, duty or function under a law of British Columbia has the same power, duty or function in respect of any actions taken under that subsection.
InterpretationThe incorporated laws are to be read without reference to the following:spent provisions;provisions appointing a person, providing for the remuneration of a person, or establishing or continuing a provincial body, program or fund;provisions relating to the internal management of a provincial body;provisions requiring or authorizing money to be paid from the Consolidated Revenue Fund of British Columbia; andprovisions authorizing the Lieutenant Governor in Council, a minister of the Crown in right of the province, or a provincial body to make regulations of general application.ExceptionDespite paragraph (1)(b),a person appointed to a position under a law of British Columbia that is incorporated by reference in these Regulations is considered to have been appointed to the same position for the purposes of these Regulations for as long as the person remains in that position under that law of British Columbia; anda provincial body, program or fund established or continued under a law of British Columbia that is incorporated by reference in these Regulations is considered to have been established or continued for the purposes of these Regulations.Specified officials and bodiesFor greater certainty, a person or body that has a power, duty or function under a law of British Columbia that is incorporated by reference in these Regulations has the same power, duty or function under these Regulations, subject to the adaptations set out in sections 11 to 21.References are to laws as incorporated and adaptedIf a law of British Columbia is incorporated by reference in these Regulations, a reference to that law in an incorporated law or in any notice, form, instrument or other document issued under an incorporated law is to be read as a reference to that law as incorporated by reference in, and as adapted by, these Regulations.
OffenceA person who contravenes a provision of an incorporated law within the port of Prince Rupert is guilty of an offence punishable on summary conviction under these Regulations if similar acts or omissions outside the port of Prince Rupert constitute an offence under an equivalent provision of the laws of British Columbia incorporated by reference in these Regulations or under a provision of the laws of British Columbia that was adapted for the purposes of these regulations, and is subject to the same fines or term of imprisonment, or both, set out in the laws of British Columbia that apply for the contravention of the equivalent or adapted provision.Administrative monetary penaltiesA person who contravenes a provision of an incorporated law within the port of Prince Rupert is liable to the same administrative monetary penalty as set out in the laws of British Columbia that would apply with respect to a similar act or omission outside the port of Prince Rupert that constitutes a contravention of the equivalent provision of the laws of British Columbia incorporated by reference in these Regulations, or the provision of the laws of British Columbia that was adapted for the purposes of these Regulations.
Financial requirements under leaseIf an incorporated law requires a cash deposit or other financial security to be given, that requirement applies in addition to the requirements of any lease of the lands or navigable waters of the port of Prince Rupert in relation to cash deposits or other financial security.
Transitional Provision
Previous permits, authorizations, orders and exemptions deemed validAny permits, authorizations, orders or exemptions — including any amendments to them — issued by the British Columbia Oil and Gas Commission in relation to liquefied natural gas activities and liquefied natural gas related activities at the port of Prince Rupert before the day on which these Regulations come into force are considered to have been issued under these Regulations and to be valid for the purposes of these Regulations.
Adaptations Applicable to all Incorporated Laws
ExclusionUnless otherwise provided in these Regulations, a provision of an incorporated law that imposes an obligation, liability or penalty on an owner, occupier, public authority, public body or unspecified person or entity does not apply to Her Majesty in right of Canada or to the Prince Rupert Port Authority.
Limitation on searches and inspectionsA power to conduct searches or inspections under an incorporated law, including the power to enter premises, does not include the power to enter or search, or to inspect anything in, a federal government office or an office of the Prince Rupert Port Authority without the consent of the person who is or appears to be in charge of those premises.
Limitation with respect to documentsA power to seize, remove or compel the production of documents under an incorporated law does not include the power to seize, remove or compel the production of a document in the possession of the federal government or the Prince Rupert Port Authority without the consent of the person in possession of the document.
Adaptation to the Environmental Management Act
Adaptation to the definition wasteThe definition waste in section 1(1) of the Environmental Management Act is to be read without reference to paragraph (g).
Adaptations to the Oil and Gas Activities Act and the Regulations Made Under ItOil and Gas Activities Act
General adaptationFor the purposes of the portion of the Oil and Gas Activities Act and the regulations made under that Act that are specified in the schedule, the port of Prince Rupert is to be considered private land.
Reliance on Prince Rupert Port Authority authorizationsInstead of issuing a permit or giving an authorization under the Oil and Gas Activities Act, the British Columbia Oil and Gas Commission may rely on a permit issued, or other authorization given, by the Prince Rupert Port Authority before the day on which these Regulations come into force.
Adaptation to definition land ownerThe definition land owner in section 1(2) of the Oil and Gas Activities Act is to be read as follows:land owner means the Prince Rupert Port Authority;Adaptation to definition specified enactmentThe definition specified enactment in section 1(2) of the Oil and Gas Activities Act is to be read with reference only to section (a) of that definition.Adaptation to definition specified provisionThe definition specified provision in section 1(2) of the Oil and Gas Activities Act is to be read without reference to sections (b) to (e) of that definition.
Adaptation to section 34Section 34 of the Oil and Gas Activities Act is to be read as follows:
A permit holder must not begin or carry out an oil and gas activity or related activity on or under an area of the port of Prince Rupert unless they have an agreement with the Prince Rupert Port Authority authorizing them to enter, occupy and use the area.
Adaptation to section 56(2)In section 56(2) of the Oil and Gas Activities Act, a reference to “government” is to be read to include Her Majesty in right of Canada.
Adaptation to sections 74(2)(a) and 76(6)(a)In sections 74(2)(a) and 76(6)(a) of the Oil and Gas Activities Act, a reference to “person” is to be read to exclude Her Majesty in right of Canada.
Emergency Management Regulation
Adaptation to section 3(1)(c)Section 3(1)(c) of the Emergency Management Regulation is to be read as follows:the Prince Rupert Port Authority;
Coming into Force
RegistrationThese Regulations come into force on the day on which they are registered.
(Section 1, subsection 6(1) and section 15)British Columbia Statutes and Regulations Incorporated by Reference
Incorporation of the Drinking Water Protection Act and the regulations made under itThe Drinking Water Protection Act, S.B.C. 2001, c. 9, other than sections 31(4) and 38, and the regulations made under that Act, are incorporated.
Incorporation of the Environmental Management Act and regulations made under itThe Environmental Management Act, S.B.C. 2003, c. 53, other than sections 23 to 64, 89 to 91 and 113, and the following regulations made under that Act, are incorporated:Administrative Penalties (Environmental Management Act) Regulation, B.C. Reg. 133/2014;Conservation Officer Service Authority Regulation, B.C. Reg. 318/2004, other than sections 1(2)(a.1), (a.2), and (a.5) to (j);Environmental Data Quality Assurance Regulation, B.C. Reg. 301/90;Hazardous Waste Regulation, B.C. Reg. 63/88;Permit Fees Regulation, B.C. Reg. 299/92;Public Notification Regulation, B.C. Reg. 202/94;Spill Cost Recovery Regulation, B.C. Reg. 250/98; andWaste Discharge Regulation, B.C. Reg. 320/2004.
Incorporation of the Oil and Gas Activities Act and the regulations made under it, with exceptionsThe Oil and Gas Activities Act, S.B.C. 2008, c. 36, other than sections 12, 23, 28, 41 and 43, and the regulations made under that Act, other than the following provisions, are incorporated:section 21 of the Liquefied Natural Gas Facility Regulation, B.C. Reg. 146/2014; andsections 7 and 24 to 26 of the Oil and Gas Activities Act General Regulation, B.C. Reg. 274/2010.