Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act (S.C. 1988, c. 28)

Marginal note:Regulator consisting of five members

• 10 (1) The Regulator shall consist of five members.

• Marginal note:Federal and Provincial appointees

  (2) Two members of the Regulator are to be appointed by the Federal Government, two by the Provincial Government and the Chairperson of the Regulator is to be appointed by both the Federal Government and the Provincial Government.

• Marginal note:Alternate members

  (3) Each government may appoint one alternate member to act as a member of the Regulator in the absence or incapacity of any of the members of the Regulator appointed by that government.

• Marginal note:Joint appointees

  (4) Notwithstanding subsection (2) or (3), any member or alternate member of the Regulator may be appointed by both the Federal Government and the Provincial Government.

Marginal note:Definitions

• 11 (1) In this section and section 12,

  public servant

  public servant means a person employed in the Public Service of Canada, and includes any other person who is a civil servant within the meaning of the Provincial Act; (fonctionnaire)

  Public Service of Canada

  Public Service of Canada has the meaning given the expression public service in the Federal Public Sector Labour Relations Act, and includes any portion of the federal public administration designated by order in council pursuant to this subsection and for the purposes of this section as part of the Public Service of Canada. (administration fédérale)

• Marginal note:Qualifications

  (2) Not more than two members of the Regulator may, during the term of office of those members on the Regulator, be public servants and of those two members, not more than one may be appointed by each government.

• Marginal note:Qualifications for Chairperson

  (3) The Chairperson of the Regulator shall not, during the term of office as Chairperson, be a public servant.

Marginal note:Term of office of Regulator members

• 12 (1) Subject to subsection (2), each member of the Regulator, including the Chairperson, shall be appointed for a term of six years.

• (2) [Repealed, 2024, c. 20, s. 115]

• Marginal note:Re-appointment

  (3) On the expiration of a term of office, the Chairperson or a member of the Regulator is eligible for re-appointment for one or more further terms.

• Marginal note:Good behaviour appointments for members who are not public servants

  (4) Any member of the Regulator who is not a public servant holds office during good behaviour, but may be removed for cause

  • (a) where the member is appointed by either government, by that government; or

  • (b) where the member is appointed by both governments, by both governments.

• Marginal note:Appointments of public servants during pleasure

  (5) Any member of the Regulator who is a public servant holds office during pleasure.

Marginal note:Deemed consultation between governments re Chairperson

• 13 (1) Consultation between the two governments with respect to the selection of the Chairperson of the Regulator shall be deemed to commence

  • (a) six months prior to the expiration of the term of office of the incumbent Chairperson, or

  • (b) where applicable, on the date of receipt by the Regulator of notice of the death, resignation or termination of appointment of the incumbent Chairperson,

  whichever occurs earlier.

• Marginal note:Where no agreement on Chairperson

  (2) Where the two governments fail to agree on the appointment of the Chairperson of the Regulator within three months after the commencement of consultation between the governments, the Chairperson shall be selected pursuant to subsection (3) by a panel constituted in accordance with section 47, unless, at any time prior to the selection of the Chairperson by the panel, the two governments agree on the appointment.

• Marginal note:Selection of Chairperson of Regulator within 60 days

  (3) The Chairperson of the Regulator shall be selected, from among persons nominated by each government, by the panel within 60 days after the appointment of the chairperson of the panel.

• Marginal note:Decision of panel binding

  (4) The decision of the panel selecting a Chairperson of the Regulator is final and binding on both governments.

Marginal note:Absence or incapacity of Chairperson

14 The Regulator shall designate a member to act as Chairperson of the Regulator during any absence or incapacity of the Chairperson or vacancy in the office of Chairperson, and that person, while acting as Chairperson, has and may exercise all of the powers and perform all of the duties and functions of the Chairperson.

Marginal note:Salaries of joint appointees

• 15 (1) Subject to section 12, the salary and other terms and conditions of the appointment of the Chairperson of the Regulator or any other member or alternate member appointed by both governments, including the effective date of the appointment, shall be fixed by an order of the Federal Government and an order of the Provincial Government after agreement has been reached by both governments on the salary and other terms and conditions.

• Marginal note:Salaries of separate appointees

  (2) The salary and other terms and conditions of the appointment of any member appointed by either the Federal Government or the Provincial Government shall be agreed on by both governments.

Marginal note:Conflict of interest guidelines

16 All members of the Regulator shall be subject to conflict of interest guidelines established jointly by the Federal Minister and Provincial Minister and are not subject to any conflict of interest guidelines established by the Federal Government.

Marginal note:Power to indemnify

• 17 (1) The Government of Canada shall, subject to such terms and conditions as may be prescribed, indemnify a person who is a present or former member, officer or employee of the Regulator, and the heirs and legal representatives of that person, against such costs, charges and expenses, including such amounts paid to settle an action or satisfy a judgment, reasonably incurred in respect of any civil, criminal or administrative action or proceeding to which that person is a party by reason of being or having been such a member, officer or employee, as may be prescribed.

• Marginal note:Both Governments share costs of indemnification

  (2) Where the Government of the Province has indemnified a person referred to in subsection (1) or the heirs or legal representatives of that person pursuant to subsection 17(1) of the Provincial Act, the Government of Canada shall, subject to such terms and conditions as may be prescribed, pay to the Government of the Province one-half of the amount of the indemnity.

• Marginal note:Payable out of Consolidated Revenue Fund

  (3) Any amount payable in respect of indemnification under this section may be paid out of the Consolidated Revenue Fund.

• Marginal note:Regulations

  (4) Subject to section 6, the Governor in Council may make regulations prescribing anything that by this section is to be prescribed.

Functions of Regulator

Marginal note:Functions of Regulator

• 18 (1) The Regulator shall, in addition to performing the duties and functions conferred or imposed on the Regulator by or pursuant to this Act, perform such duties and functions as are conferred or imposed on it by the Accord, to the extent that such duties and functions are not inconsistent with this Act or any regulations made thereunder.

• Marginal note:Proposed amendments

  (2) The Regulator may make recommendations to both governments with respect to proposed amendments to this Act, the Provincial Act, any regulations made under those Acts and to any other legislation relating to petroleum resource and renewable energy activities in the offshore area.

Marginal note:Consultation with Indigenous peoples of Canada

18.1 His Majesty in right of Canada or in right of the Province may rely on the Regulator for the purposes of consulting with the Indigenous peoples of Canada respecting any potential adverse impact of a work or activity in the offshore area on existing Aboriginal and treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982 and the Regulator may, on behalf of His Majesty, if appropriate, accommodate any adverse impacts on those rights.

Marginal note:Access to information by governments

• 19 (1) The Federal Minister and the Provincial Minister are entitled to access to any information or documentation relating to petroleum resource and renewable energy activities in the offshore area that is provided for the purposes of this Act or any regulation made under it and such information or documentation shall, on the request of either Minister, be disclosed to that Minister without requiring the consent of the party who provided the information or documentation.

• Marginal note:Applicable provision

  (2) Section 122 applies, with such modifications as the circumstances require, in respect of any disclosure of information or documentation or the production or giving of evidence relating thereto by a Minister as if the references in that section to the administration or enforcement of a Part of this Act included references to the administration or enforcement of the Provincial Act or any Part thereof.

• Marginal note:Summary of applications of fundamental decisions to Ministers

  (3) The Regulator shall require every person who makes an application in respect of which a fundamental decision is to be made by the Regulator to give, forthwith after making the application, a written summary of the application to both Ministers.

Administration

Marginal note:Location of offices and staff

20 The principal office and staff of the Regulator shall be located in the Province.

Marginal note:Storage of information

• 21 (1) The Regulator shall have responsibility for the storage and curatorship, in a facility in the Province, of

  • (a) all petroleum-related geophysical and geological records and reports, reports respecting wells and materials recovered from wells in the offshore area and, without limiting the generality of the foregoing, drill cuttings, fluid samples, hydrocarbon samples and cores recovered from those wells; and

  • (b) all records and reports involving geophysical, geological or geotechnical data, data on physical environmental conditions, environmental effects monitoring data or renewable energy resource data — including data on wind, waves and currents — all environmental studies and all geological and geotechnical samples, to the extent that those records and reports, studies and samples relate to offshore renewable energy.

• Marginal note:Regulator to furnish samples to Ministers

  (2) The Regulator shall, at the request of the Federal Minister or the Provincial Minister,

  • (a) furnish that Minister with a sample of any material referred to in subsection (1), or

  • (b) where it is not possible to produce a sample of such material, provide that Minister with all or a portion of such material, subject to it being returned to the facility referred to in subsection (1),

  if the material is to be permanently retained at the facility referred to in subsection (1).

Marginal note:Meetings of Regulator

22 The Regulator shall meet

• (a) once every two months unless the members of the Regulator unanimously agree to defer the meeting; and

• (b) at any other time

  • (i) at the call of the Chairperson of the Regulator,

  • (ii) on the request of any two members of the Regulator, or

  • (iii) on the request of the Federal Minister or the Provincial Minister to review any matter referred to the Regulator by that Minister.