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

Jurisdiction and Powers

Marginal note:Jurisdiction

• 149 (1) Where, under this Act, the Committee is charged with a duty to hold an inquiry or to hear an appeal, the Committee has full jurisdiction to inquire into, hear and determine the matter of any such inquiry or appeal and to make any order, or give any direction that pursuant to this Act the Committee is authorized to make or give or with respect to any matter, act or thing that by this Act may be prohibited or approved by the Committee or required by the Committee to be done.

• Marginal note:Powers of Committee

  (2) For the purpose of any inquiry, hearing or appeal, or the making of any order pursuant to this Act, the Committee has, regarding the attendance, swearing and examination of witnesses, the production and inspection of documents, the entry on and inspection of property, the enforcement of its orders and regarding other matters necessary or proper for the due exercise of its jurisdiction pursuant to this Act, all such powers, rights and privileges as are vested in a superior court of record.

• Marginal note:Finding of fact conclusive

  (3) The finding or determination of the Committee on any question of fact within its jurisdiction is binding and conclusive.

Marginal note:Deputing member to hold inquiry

• 150 (1) The Committee may authorize and depute any member thereof to inquire into such matter before the Committee as may be directed by the Committee and to report the evidence and findings, if any, thereon to the Committee, and when such report is made to the Committee, it may be adopted as a finding of the Committee or otherwise dealt with as the Committee considers advisable.

• Marginal note:Powers of deputed member

  (2) Where an inquiry is held by a member under subsection (1), the member has all the powers of the Committee for the purpose of taking evidence or acquiring information for the purposes of the report to the Committee.

Marginal note:Advisory functions

151 The Board may at any time refer to the Committee for a report or recommendation any question, matter or thing arising under this Part or relating to the conservation, production, storage, processing or transportation of petroleum.

Enforcement

Marginal note:Enforcement of Committee orders

• 152 (1) Any order made by the Committee may, for the purpose of enforcement of the order, be made an order of the Supreme Court of Nova Scotia and shall be enforced in like manner as any order of that Court.

• Marginal note:Procedure for enforcement

  (2) To make an order of the Committee an order of the Supreme Court of Nova Scotia, the practice and procedure established by or pursuant to the Provincial Act for making any order an order of that Court may be followed.

• Marginal note:When order rescinded or replaced

  (3) When an order of the Committee has been made an order of the Supreme Court of Nova Scotia, any order of the Committee, or of the Board under section 191, rescinding or replacing the first mentioned order of the Committee, shall be deemed to cancel the order of the Court and may in like manner be made an order of the Court.

DIVISION IRegulation of Operations

Regulations

Marginal note:Governor in Council’s regulatory power

• 153 (1) Subject to section 6, the Governor in Council may, for the purposes of safety, the protection of the environment, and accountability as well as for the production and conservation of petroleum resources, make regulations

  • (a) defining oil and gas for the purposes of Divisions I and II, installation and equipment for the purposes of sections 143.1 and 143.2 and serious for the purposes of section 170;

  • (b) concerning the exploration and drilling for, and the production, processing and transportation of, petroleum and works and activities related to such exploration, drilling, production, processing and transportation;

  • (b.1) concerning the measures to be taken in preparation for or in the case of a spill, as defined in subsection 165(1), including measures concerning the use of a spill-treating agent;

  • (b.2) concerning the process for the determination of net environmental benefit;

  • (b.3) concerning the variation or revocation of an approval referred to in paragraph 166.1(1)(b);

  • (c) authorizing the Board, or any person, to make such orders as may be specified in the regulations, and to exercise such powers and perform such duties as may be necessary for

    • (i) the management and control of petroleum production,

    • (ii) the removal of petroleum from the offshore area, and

    • (iii) the design, construction, operation or abandonment of pipeline within the offshore area;

  • (d) concerning arbitration for the purposes of subsection 142.1(2), including the costs of or incurred in relation to such arbitrations;

  • (e) concerning the approvals to be granted as conditions of authorizations issued under paragraph 142(1)(b);

  • (f) concerning certificates for the purposes of section 143.2;

  • (g) prohibiting the introduction into the environment of substances, classes of substances and forms of energy, in prescribed circumstances;

  • (h) authorizing the discharge, emission or escape of petroleum for the purposes of subsection 165(1) in such quantities, at such locations, under such conditions and by such persons as may be specified in the regulations;

  • (h.1) establishing the requirements for a pooled fund for the purposes of subsection 168(1.01);

  • (h.2) concerning the circumstances under which the Board may make a recommendation for the purposes of subsection 168.1(1) and the information to be submitted with respect to that recommendation;

  • (h.3) concerning the creation, conservation and production of records; and

  • (i) prescribing anything that is required to be prescribed for the purposes of this Part.

• Marginal note:Incorporation of standards or specifications

  (2) Unless otherwise provided in this Part, a regulation made under subsection (1) incorporating by reference the standards or specifications of any government, person or organization may incorporate such standards or specifications as amended from time to time.

• Marginal note:Spill-treating agents

  (3) Regulations made under subsection (1) respecting a spill-treating agent shall, in addition to the requirements set out in subsection 6(1), be made on the recommendation of the Federal Minister and the Minister of the Environment.

Marginal note:Amendment to Schedule V or VI

• 153.1 (1) The Governor in Council may, by order, amend Schedule V or VI to add, amend or remove a reference to a federal Act or regulation, or to a provision of a federal Act or regulation.

• Marginal note:Recommendation

  (2) The order shall be made on the recommendation of the Federal Minister and every minister responsible for the administration of the provision.

Marginal note:Publication of proposed regulations

• 154 (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under this Division shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to interested persons to make representations to the Federal Minister with respect thereto.

• Marginal note:Single publication required

  (2) No proposed regulation need be published more than once under subsection (1) whether or not it is altered or amended after such publication as a result of representations made by interested persons as provided in that subsection.

Marginal note:Equivalent standards and exemptions

• 155 (1) Subject to subsection (2), the Chief Safety Officer and Chief Conservation Officer may

  • (a) authorize the use of equipment, methods, measures or standards in lieu of any required by any regulation made under section 153, if those Officers are satisfied that the use of that other equipment or those other methods, measures or standards would provide a level of safety, protection of the environment and conservation equivalent to that provided by compliance with the regulations; or

  • (b) grant an exemption from any requirement imposed, by any regulation made under section 153, in respect of equipment, methods, measures or standards, if those Officers are satisfied with the level of safety, protection of the environment and conservation that will be achieved without compliance with that requirement.

• Marginal note:One officer authorizations

  (2) The Chief Safety Officer alone may exercise the powers referred to in paragraph (1)(a) or (b) if the regulatory requirement referred to in that paragraph does not relate to protection of the environment or conservation, and the Chief Conservation Officer alone may exercise those powers if the regulatory requirement does not relate to safety.

• Marginal note:No contravention

  (3) No person contravenes the regulations if that person acts in compliance with an authorization or exemption under subsection (1) or (2).

Marginal note:Guidelines and interpretation notes

• 156 (1) The Board may issue and publish, in any manner the Board considers appropriate, guidelines and interpretation notes with respect to the application and administration of sections 45, 142 and 143 and subsection 168(1.01) and any regulations made under sections 30.1 and 153.

• Marginal note:Deemed not to be statutory instruments

  (2) Guidelines and interpretation notes issued pursuant to subsection (1) shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act.

157 [Repealed, 2014, c. 13, s. 69]

Marginal note:Production orders

• 158 (1) Where the Chief Conservation Officer, on reasonable grounds, is of the opinion that, with respect to an interest in any portion of the offshore area, the capability exists to commence, continue or increase production of petroleum and that a production order would stop waste, the Chief Conservation Officer may order the commencement, continuation or increase of production of petroleum at such rates and in such quantities as are specified in the order.

• Marginal note:Ceasing production

  (2) Where the Chief Conservation Officer, on reasonable grounds, is of the opinion that an order under this section would stop waste, the Chief Conservation Officer may order a decrease or the cessation or suspension of production of petroleum for any period specified in the order.

• Marginal note:Investigation and appeal

  (3) Subsections 160(2) to (4) and section 162 apply, with such modifications as the circumstances require, to an order under subsection (1) or (2) as if it were an order under subsection 160(1).

• Marginal note:Access to files and records

  (4) A person subject to an order under subsection (1) or (2) shall, on request, afford the Chief Conservation Officer or a person designated by the Chief Conservation Officer access to premises, files and records for all reasonable purposes related to the order.

Waste

Marginal note:Waste prohibited

• 159 (1) Subject to subsection 199(5), any person who commits waste is guilty of an offence under this Division, but a prosecution may be instituted for such an offence only with the consent of the Board.

• Definition of waste

  (2) In this Part, waste, in addition to its ordinary meaning, means waste as understood in the petroleum industry and in particular, but without limiting the generality of the foregoing, includes

  • (a) the inefficient or excessive use or dissipation of reservoir energy;

  • (b) the locating, spacing or drilling of a well within a field or pool or within part of a field or pool or the operating of any well that, having regard to sound engineering and economic principles, results or tends to result in a reduction in the quantity of petroleum ultimately recoverable from a pool;

  • (c) the drilling, equipping, completing, operating or producing of any well in a manner that causes or is likely to cause the unnecessary or excessive loss or destruction of petroleum after removal from the reservoir;

  • (d) the inefficient storage of petroleum above ground or underground;

  • (e) the production of petroleum in excess of available storage, transportation or marketing facilities;

  • (f) the escape or flaring of gas that could be economically recovered and processed or economically injected into an underground reservoir; or

  • (g) the failure to use suitable artificial, secondary or supplementary recovery methods in a pool when it appears that such methods would result in increasing the quantity of petroleum ultimately recoverable under sound engineering and economic principles.

Marginal note:Prevention of waste

• 160 (1) Where the Chief Conservation Officer on reasonable grounds is of the opinion that waste, other than waste as defined in paragraph 159(2)(f) or (g), is being committed, the Chief Conservation Officer may, subject to subsection (2), order that all operations giving rise to such waste cease until the Chief Conservation Officer is satisfied that the waste has stopped.

• Marginal note:Investigation

  (2) Before making any order under subsection (1), the Chief Conservation Officer shall hold an investigation at which interested persons shall be given an opportunity to be heard.

• Marginal note:Peremptory order

  (3) Notwithstanding subsection (2), the Chief Conservation Officer may, without an investigation, make an order under this section requiring all operations to be shut down if in the opinion of the Chief Conservation Officer it is necessary to do so to prevent damage to persons or property or to protect the environment, but as soon as possible after making any such order and in any event within fifteen days thereafter, the Chief Conservation Officer shall hold an investigation at which interested persons shall be given an opportunity to be heard.

• Marginal note:Order after inquiry

  (4) At the conclusion of an investigation under subsection (3), the Chief Conservation Officer may set aside, vary or confirm the order made or make a new order.

Marginal note:Taking over management

• 161 (1) For the purpose of giving effect to an order made under section 160, the Chief Conservation Officer may authorize such persons as may be necessary to enter the place where the operations giving rise to the waste are being carried out and take over the management and control of those operations and any works connected therewith.

• Marginal note:Controlling operations and costs thereof

  (2) A person authorized under subsection (1) to take over the management and control of operations shall manage and control those operations and do all things necessary to stop the waste, and the cost thereof shall be borne by the person who holds the permit or the lease and, until paid, constitutes a debt recoverable by action in any court of competent jurisdiction as a debt due to the Board.

Marginal note:Appeal to Committee

• 162 (1) A person aggrieved by an order of the Chief Conservation Officer after an investigation under section 160 may appeal to the Committee to have the order reviewed.

• Marginal note:Powers on appeal

  (2) After hearing the appeal, the Committee may

  • (a) set aside, confirm or vary the order made by the Chief Conservation Officer;

  • (b) order such works to be undertaken as may be considered necessary to prevent waste, the escape of petroleum or any other contravention of this Division or the regulations; or

  • (c) make such other or further order as the Committee considers appropriate.