Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act (S.C. 1987, c. 3)

Ministerial Directives

Marginal note:Ministerial directives

• 42 (1) The Federal Minister and the Provincial Minister may jointly issue to the Regulator written directives in relation to

  • (a) fundamental decisions;

  • (a.1) offshore renewable energy recommendations;

  • (b) decisions made by the Regulator respecting the exercise of a power pursuant to paragraph 56(1)(b);

  • (c) public reviews conducted pursuant to section 44;

  • (d) Canada–Newfoundland and Labrador benefits plans and any of their provisions;

  • (d.1) the principles referred to in section 96.6;

  • (d.2) the development of guidelines and interpretation notes issued under subsection 151.1(1) and section 183.27; and

  • (e) studies to be conducted by the Regulator and advice with respect to policy issues to be given by the Regulator to the Federal Minister and the Provincial Minister.

• Marginal note:Occupational health and safety directives

  (1.1) The Federal Minister, on the recommendation of the Minister of Labour, and the minister of the government of the Province who is responsible for occupational health and safety, may jointly issue to the Regulator written directives in relation to

  • (a) the development of guidelines and interpretation notes with respect to occupational health and safety matters; and

  • (b) the implementation of any recommendations made by an auditor under section 205.119 or made following an inquiry under section 205.12.

• Marginal note:Directives binding

  (2) The Regulator shall comply with a directive issued under this section.

• Marginal note:Directives not statutory instruments

  (3) Directives issued under this section are not statutory instruments for the purposes of the Statutory Instruments Act.

• Marginal note:Notice in Canada Gazette

  (4) When a directive is issued under this section, a notice shall be published in the Canada Gazette that the directive has been issued and that the text of it is available for inspection by any person on request made to the Regulator.

Plan for interests

Marginal note:Plan for interests

• 43 (1) During the first month of each calendar year, the Regulator shall submit to the Federal Minister and the Provincial Minister a plan outlining the anticipated decisions of the Regulator during that calendar year respecting 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.

• Marginal note:Revised plan

  (2) Where the Minister having authority in relation to fundamental decisions, as determined under subsection 34(1) or (4), is of the opinion that a plan referred to in subsection (1) does not provide adequately for the attainment or maintenance of self-sufficiency and security of supply within the meaning of section 33, that Minister may reject the plan and where that Minister does so, shall inform the Regulator of the reasons for so doing.

• Marginal note:Idem

  (3) Where the Regulator is informed of a Minister’s rejection of its plan and the reasons therefor, the Regulator shall, within sixty days after being so informed, prepare a revised plan outlining the anticipated decisions of the Regulator referred to in subsection (1), taking into account those reasons, and submit the revised plan to the Federal Minister and the Provincial Minister.

• Marginal note:Application of subsections (2) and (3) to revised plan

  (4) Subsections (2) and (3) apply, with such modifications as the circumstances require, with respect to a revised plan submitted pursuant to subsection (3).

Public Review

Marginal note:Public review

• 44 (1) Subject to any directives issued under subsection 42(1), the Regulator shall conduct a public review in relation to any potential development of a pool or field unless the Regulator is of the opinion that it is not required on any ground the Regulator considers to be in the public interest.

• Marginal note:Powers of Regulator

  (2) Where a public review is conducted in relation to any potential development of a pool or field, the Regulator may

  • (a) establish terms of reference and a timetable that will permit a comprehensive review of all aspects of the development, 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 development;

  • (c) if the potential development has been proposed to the Regulator by any person, require that person to submit and make available for public distribution a preliminary development plan, an environmental impact statement, a socio-economic impact statement, a preliminary Canada–Newfoundland and Labrador benefits plan and any other plan specified by the Regulator; and

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

• Marginal note:Powers of commissioners

  (3) On the request of the Regulator, the Federal Government may, subject to such terms and conditions as it considers necessary, confer on 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 Regulator’s recommendations on a plan

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

Public Hearings

Marginal note:Public hearings

44.1 The Regulator 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 under this Act.

Marginal note:Confidentiality

44.2 At any public hearing conducted under section 44.1, the Regulator 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 Regulator 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 Regulator 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.

Marginal note:Confidentiality — security

44.3 At any public hearing conducted under section 44.1, the Regulator 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 Regulator 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 135, installations, facilities, 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.

Marginal note:Exception

44.4 The Regulator 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 119(5)(a) to (e) and (i).

Canada–Newfoundland and Labrador Benefits Plan

Definition of Canada–Newfoundland and Labrador benefits plan

• 45 (1) In this section, Canada–Newfoundland and Labrador 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:Regulator approval of benefits plan

  (2) Before the Regulator approves any development plan under subsection 139(4) or authorizes any work or activity under paragraph 138(1)(b), a Canada–Newfoundland and Labrador benefits plan shall be submitted to and approved by the Regulator, unless it directs that that requirement need not be complied with.

• Marginal note:Particular provisions of plan

  (3) A Canada–Newfoundland and Labrador 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) expenditures shall be made for research and development to be carried out in the Province and for education and training to be provided in the Province; 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 Regulator may require that any Canada–Newfoundland and Labrador benefits plan include provisions to ensure that disadvantaged individuals or groups have access to training and employment opportunities and to enable those 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 Regulator in reviewing plans

  (5) In reviewing any Canada–Newfoundland and Labrador benefits plan, the Regulator 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) Subject to any directives issued under subsection 42(1), the Regulator may approve any Canada–Newfoundland and Labrador benefits plan.

• Marginal note:Transboundary pool

  (7) The definitions in section 166 also apply in subsections (8) and (9).

• Marginal note:Approval subject to agreement

  (8) A Canada-Newfoundland and Labrador benefits plan submitted for approval in respect of a work or activity to be carried out in a transboundary pool that is the subject of a joint exploitation agreement is not to be approved under this section unless the Regulator and the appropriate authority have agreed on its content.

• Marginal note:Disagreement

  (9) The Regulator or the appropriate authority — or in respect of any transboundary pool extending into the jurisdiction of a foreign government, the Federal Minister, after having consulted the Minister of Foreign Affairs and the Provincial Minister — may, if they disagree about the content of the plan submitted for approval, refer the matter to an expert in accordance with section 183.16. The expert’s decision is deemed to be approval of the plan by the Regulator.

Coordination of Government Departments and Agencies

Marginal note:Coordination

• 46 (1) The Regulator 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 Regulator in relation to such benefits;

  • (e) occupational health and safety; and

  • (f) 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).

PART IIPetroleum and Offshore Renewable Energy Resources

Definitions

Marginal note:Definitions

47 In this Part,

call for bids

call for bids means a call for bids made in accordance with

• (a) in the case of petroleum, section 58, and

• (b) in the case of offshore renewable energy, section 93; (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 78(1) or (2), those portions of the offshore area described in the declaration; (périmètre de découverte exploitable)

Crown reserve area

Crown reserve area means

• (a) in relation to petroleum, portions of the offshore area in respect of which no petroleum-related interest is in force, and

• (b) in relation to offshore renewable energy, portions of the offshore area in respect of which no submerged land licence is in force respecting a particular renewable energy resource; (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

• (a) in relation to petroleum, any former exploration agreement, former lease, former permit, former special renewal permit, exploration licence, production licence or significant discovery licence, and

• (b) in relation to offshore renewable energy, any submerged land 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 Regulator, 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 66; (fraction)

significant discovery

significant discovery means a discovery indicated by a well on a geological feature that

• (a) demonstrates, through any formation flow test approved by the Regulator, the existence of hydrocarbons in that feature, and

• (b) 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 71(1) or (2), those portions of the offshore area described in the declaration. (périmètre de découverte importante)