Statutes of Newfoundland and Labrador 2025 Chapter 4

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cC-2
as amended

1. The long title of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act is repealed and the following substituted:

An Act to implement an agreement between the Government of Canada and the Government of Newfoundland and Labrador on offshore petroleum resource management and revenue sharing and to provide for the joint management of offshore renewable energy by those Governments

2. Section 1 of the Act is repealed and the following substituted:

Short title

1. This Act may be cited as the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act.

3. (1) Section 2 of the Act is amended by adding immediately before paragraph (a) the following:

(a.01) "abandoned facility" means a pipeline, as defined in paragraph 131(e), installation, facility, equipment or system that has been abandoned in accordance with an authorization issued under Part III;

(2) Paragraph 2(b) of the Act is repealed.

(3) Paragraph 2(d) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(4) Paragraph 2(f) of the Act is repealed and the following substituted:

(f) "federal Act" means the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act;

(5) Subparagraph 2(i)(i) of the Act is amended by deleting the number "1" and substituting the word "one".

(6) Paragraph 2(k) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(7) Section 2 of the Act is amended by adding immediately after paragraph (m) the following:

(m.1) "Indigenous peoples of Canada" has the meaning assigned by the definition of aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982;

(8) Paragraph 2(o) of the Act is repealed and the following substituted:

(o) "offshore area" means

(i) in the case of petroleum, those submarine areas lying seaward of the low water mark of the province and extending, at any point, as far as

(A) a prescribed line, or

(B) where no line is prescribed at that location, the outer edge of the continental margin or a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea of Canada is measured, whichever is the greater, and

(ii) in the case of offshore renewable energy, the areas referred to in subparagraph (i) that are not within the province;

(9) Section 2 of the Act is amended by adding immediately after paragraph (o) the following:

(o.1) "offshore renewable energy project" means any of the following works and activities:

(i) research or assessment conducted in relation to the exploitation or potential exploitation of a renewable resource to produce an energy product, unless it is conducted by or on behalf of a government or educational institution,

(ii) exploitation of a renewable resource to produce an energy product,

(iii) storage of an energy product produced from a renewable resource, and

(iv) transmission of an energy product produced from a renewable resource;

(o.2) "offshore renewable energy recommendation" means a recommendation made by the regulator respecting the exercise of a power or the performance of a duty under this Act that expressly provides for the exercise of the power or the performance of the duty subject to sections 40.1 to 40.3;

(10) Section 2 of the Act is amended by deleting the word "and" at the end of paragraph (t) and adding immediately after paragraph (t) the following:

(t.1) "regulator" means the Canada-Newfoundland and Labrador Offshore Energy Regulator referred to in section 9; and

4. The Act is amended by adding immediately after section 2 the following:

Regulations re offshore renewable energy project

2.1 Subject to section 7, the Lieutenant-Governor in Council may make regulations amending the definition of offshore renewable energy project to add or remove a work or activity related to renewable energy that is carried out in the offshore area.

5. Section 5 of the Act is repealed and the following substituted:

Regulations re offshore area

5. (1) Subject to section 7, the Lieutenant-Governor in Council may make regulations

(a) prescribing lines enclosing areas adjacent to the province for the purpose of clause 2(o)(i)(A); or

(b) amending subparagraph 2(o)(ii).

(2) The provincial minister may issue charts setting out the offshore area or a portion of the offshore area that may be set out consistent with the nature and scale of the chart.

(3) In a legal or other proceeding, a chart purporting to be issued under the authority of the provincial minister is conclusive proof of the limits of the offshore area or portion of the offshore area set out in the chart without proof of the signature or official character of the person purporting to have issued the chart.

6. (1) Paragraph 6(1)(a) of the Act is repealed and the following substituted:

(a) "agreement" means an agreement between the Government of Canada and the government of a province respecting resource management and revenue sharing in relation to activities respecting the exploration for or the production of petroleum, or respecting offshore renewable energy projects, carried out on any frontier lands; and

(2) Paragraph 6(1)(b) of the Act is amended by deleting the words "Her Majesty" and substituting the words "His Majesty".

7. Subsection 7(1) of the Act is repealed and the following substituted:

Approval of federal minister before making of regulations

7. (1) Before a regulation is made under sections 2.1, subsection 5(1), section 29.1, subsection 41(7), section 55.1, section 63, subsection 66(2), section 86.10, subsection 86.11(2), section 114, subsections 118(1), 121(1), 145(1), 157(2.3), 158(1.2), 179.19(6), or 179.25(1), section 179.29, subsection 179.30(3) or 198.2(1) or section 199, the provincial minister shall consult the federal minister with respect to the proposed regulation and a regulation shall not be made without the approval of the federal minister.

8. The Act is amended by adding immediately after section 7 the following:

Non-application of Atlantic Accord

7.1 For greater certainty, the Atlantic Accord does not apply to offshore renewable energy resources.

9. Subsection 8(2) of the Act is repealed and the following substituted:

(2) Subject to section 96, the Canada Petroleum Resources Act, the Canada Oil and Gas Operations Act and Part 5 of the Canadian Energy Regulator Act and any regulations made under those Acts do not apply within the offshore area.

10. (1) Subsection 9(1) of the Act is repealed and the following substituted:

Jointly established regulator

9. (1) There is established, by the joint operation of this Act and the federal Act, a board to be known as the Canada-Newfoundland and Labrador Offshore Energy Regulator.

(2) Subsection 9(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(3) Subsection 9(3) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(4) Subsection 9(4) of the Act is amended by deleting the word "board" and substituting the word "regulator".

11. (1) Subsection 10(1) of the Act is repealed and the following substituted:

Members of regulator

10. (1) The regulator shall consist of 7 members.

(2) Subsection 10(2) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(3) Subsection 10(3) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(4) Subsection 10(4) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(5) Subsection 10(5) of the Act is amended by

(a) deleting the number "1" and substituting the word "one"; and

(b) deleting the word "board" wherever it appears and substituting the word "regulator".

(6) Subsection 10(6) of the Act is amended by deleting the word "board" and substituting the word "regulator".

12. Subsection 11(1) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

13. (1) Subsection 12(1) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(2) Subsection 12(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(3) Subsection 12(5) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(4) Subsection 12(6) of the Act is amended by deleting the word "board" and substituting the word "regulator".

14. Subsection 13(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

15. Section 14 of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

16. (1) Subsections 15(1) and (2) of the Act are repealed.

(2) Subsection 15(3) of the Act is repealed and the following substituted:

(3) The chairperson and members of the regulator shall be appointed for a term of 6 years.

(3) Subsection 15(4) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(4) Subsection 15(5) of the Act is amended by deleting the word "board" and substituting the word "regulator".

17. (1) Subsection 16(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(2) Subsection 16(2) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(3) Subsection 16(3) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(4) Subsection 16(4) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(5) Subsection 16(5) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(6) Subsection 16(7) of the Act is amended by deleting the number "1/2" and substituting the words "one half".

18. (1) Subsection 17(1) of the Act is repealed and the following substituted:

Functions of regulator

17. (1) The regulator shall perform the duties and functions that are conferred or imposed on the regulator under the Atlantic Accord or this Act.

(2) Subsection 17(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

19. The Act is amended by adding immediately after section 17 the following:

Consultation with Indigenous peoples of Canada

17.1 The Crown 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 the 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 the Crown in right of Canada or in right of the province, where appropriate, accommodate the adverse impacts on those rights.

20. Subsection 18(1) of the Act is repealed and the following substituted:

Access to information by governments

18. (1) The federal minister and the provincial minister are entitled to access 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 a regulation made under this Act and that 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.

21. Section 19 of the Act is repealed and the following substituted:

Meetings of regulator

19. A meeting of the regulator shall be held

(a) once a month unless the members of the regulator unanimously agree to defer a meeting; and

(b) at other times

(i) at the call of the chairperson of the regulator,

(ii) on the request of 2 members of the regulator, or

(iii) on the request of the federal minister or the provincial minister to review a matter referred to it by that minister.

22. Section 20 of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

23. Section 21 of the Act is amended by deleting the word "board" and substituting the word "regulator".

24. Section 22 of the Act is repealed and the following substituted:

Storage of information

22. The regulator shall establish, maintain and operate a facility in the province for the storage and curatorship of

(a) all petroleum-related geophysical records and geological and hydrocarbon samples relating to the offshore area; and

(b) all geological, geophysical, geotechnical and environmental records and geological and geotechnical samples relating to offshore renewable energy.

25. Section 23 of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

26. (1) Subsection 24(1) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(2) Subsection 24(5) of the Act is amended by deleting the word "board" and substituting the word "regulator".

27. (1) Subsection 25(1) of the Act is repealed and the following substituted:

Staff of regulator

25. (1) The regulator may, on the recommendation of the chief executive officer, employ other officers and employees that are necessary to properly perform the duties and functions of the regulator under this Act and the Atlantic Accord.

(2) Subsection 25(4) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(3) Subsection 25(5) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

28. Section 26 of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

29. Section 26.1 of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

30. (1) Subsection 27(1) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(2) Subsection 27(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(3) Subsection 27(3) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(4) Subsection 27(4) of the Act is amended by deleting the number "1/2" and substituting the words "one half".

(5) Section 27 of the Act is amended by adding immediately after subsection (4) the following:

(4.1) Notwithstanding subsection (4), the chief executive officer may include in the budget or revised budget, as applicable, expenditures associated with the specific requirements of one government which shall be paid entirely by that government.

31. Section 28 of the Act is amended by deleting the word "board" and substituting the word "regulator".

32. (1) Subsection 29(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(2) Subsection 29(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(3) Subsection 29(3) of the Act is amended by deleting the number "1st" and substituting the word "first".

33. (1) Paragraph 29.1(1)(a) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(2) Paragraph 29.1(1)(b) of the Act is repealed and the following substituted:

(b) the fees or charges, or the method of calculating the fees or charges, in respect of any of the regulator's activities under this Act or under the Impact Assessment Act (Canada), that are paid by

(i) a person who makes an application for an authorization under paragraph 134(1)(b) or subsection 134.01(1) or an application under subsection 135(2), or

(ii) the holder of an operating licence issued under paragraph 134(1)(a) or an authorization issued under paragraph 134(1)(b) or subsection 134.01(1); and

(3) Subsection 29.1(3) of the Act is repealed and the following substituted:

(3) The amounts of the fees or charges referred to in paragraph (1)(b) shall not exceed the cost of the regulator's activities under this Act or under the Impact Assessment Act (Canada).

34. Subsection 29.2(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

35. Section 30 of the Act is repealed and the following substituted:

Regulator's decision final

30. The exercise of a power or the performance of a duty by the regulator under this Act is final and not subject to the review or approval of either government or either minister.

36. Section 31 of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

37. Section 32 of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

38. Subsection 35(2) of the Act is amended by deleting the number "1st" and substituting the word "first".

39. Subsection 36(1) of the Act is amended by deleting the number "1" and substituting the word "one".

40. Subsection 37(2) of the Act is amended by deleting the number "1" and substituting the word "one".

41. Section 39 of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

42. Section 40 of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

43. The Act is amended by adding immediately after section 40 the following:

Regulator's recommendation

40.1 (1) The regulator shall notify the federal minister and provincial minister in writing of its offshore energy recommendation as soon as practicable after deciding to make the recommendation.

(2) The federal minister and the provincial minister shall, within 60 days after receiving the offshore renewable energy recommendation, notify the regulator, in writing, of that minister's decision to approve the offshore renewable energy recommendation, with or without variations, or to reject it.

(3) Notwithstanding subsection (2), on written notice by either minister to the regulator and the other minister, both ministers shall have an additional 30 days to notify the regulator of their respective decision under that subsection.

(4) Notwithstanding subsection (2), the federal minister or the provincial minister may notify the regulator of that minister's decision with respect to an offshore renewable energy recommendation to make a call for bids beyond the 60 day period referred to in subsection (2).

Publication

40.2 The regulator shall publish a notice of a decision referred to in subsection 40.1(2) in the Gazette unless the decision is to reject the regulator's offshore renewable energy recommendation to make a call for bids.

Implementation of ministers' approval

40.3 The regulator shall only exercise a power or perform a duty subject to this section and sections 40.1 and 40.2 where it has been the subject of an offshore renewable energy recommendation that was approved by both ministers with the same variations, if any, and in that case, shall exercise the power or perform the duty as soon as practicable after the regulator receives the notice referred to in subsection 40.1(2).

44. Subsection 41(2) of the Act is amended by deleting the number "1st" and substituting the word "first".

45. (1) Subsection 42(1) of the Act is amended by

(a) deleting the word "board" wherever it appears and substituting the word "regulator";

(b) adding immediately after paragraph (a) the following:

(a.1) offshore renewable energy recommendations;

(d.1) the principles referred to in section 86.15;

(d.2) the development of guidelines and interpretation notes issued under subsection 147(1) and section 179.27; and

(2) Subsection 42(1.1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(3) Subsection 42(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(4) Subsection 42(4) of the Act is amended by deleting the word "board" and substituting the word "regulator".

46. (1) Subsection 43(1) of the Act is amended by

(a) deleting the number "1st" and substituting the word "first"; and

(b) deleting the word "board" wherever it appears and substituting the word "regulator".

(2) Subsection 43(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(3) Subsection 43(3) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

47. (1) Subsection 44(1) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(2) Subsection 44(2) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(3) Paragraph 44(2)(b) of the Act is amended by deleting the number "1" wherever it appears and substituting the word "one".

(4) Subsection 44(3) of the Act is amended by

(a) deleting the word "board" and substituting the word "regulator"; and

(b) deleting the reference "Public Inquiries Act" and substituting the reference "Public Inquiries Act, 2006".

(5) Subsection 44(4) of the Act is amended by deleting the word "board" and substituting the word "regulator".

48. Section 44.1 of the Act is repealed and the following substituted:

Public hearing

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.

49. Section 44.2 of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

50. (1) Section 44.3 of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(2) Paragraph 44.3(a) of the Act is repealed and the following substituted:

(a) there is a real and substantial risk that disclosure of the information will impair the security of pipelines, as defined in paragraph 131(e), installations, facilities, vessels, aircraft or systems, including computer or communication systems, or methods employed to protect them; and

51. Section 44.4 of the Act is amended by deleting the word "board" and substituting the word "regulator".

52. (1) Subsection 45(2) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(2) Paragraph 45(3)(b) of the Act is amended by deleting the number "1st" and substituting the word "first".

(3) Paragraph 45(3)(d) of the Act is amended by deleting the number "1st" and substituting the word "first".

(4) Subsection 45(4) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(5) Subsection 45(5) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(6) Subsection 45(6) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(7) Section 45 of the Act is amended by adding immediately after subsection (6) the following:

(7) The definitions in section 162 also apply in subsections (8) and (9).

(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 shall not be approved under this section unless the regulator and the appropriate authority have agreed on its content.

(9) The regulator or the appropriate authority, or in respect of a transboundary pool extending into the jurisdiction of a foreign government, the federal minister, after having consulted the Minister of Foreign Affairs of Canada and the provincial minister, may, where they disagree about the content of the benefits plan submitted for approval, refer the matter to an expert in accordance with section 179.16.

(10) Where a benefits plan has been referred to an expert under subsection (9), for the purpose of this section, the expert’s decision shall be considered to be the regulator's approval of that plan.

53. Subsection 46(1) of the Act is amended by deleting the word "board" wherever it appears and substituting word "regulator".

54. The Act is amended by repealing the heading "PART II PETROLEUM RESOURCES" and substituting the following:

PART II
PETROLEUM AND OFFSHORE RENEWABLE ENERGY RESOURCES

55. (1) Paragraph 47(1)(a) of the Act is repealed and the following substituted:

(a) "call for bids" means a call for bids made in accordance with,

(i) in the case of petroleum, section 57, and

(ii) in the case of offshore renewable energy, section 86.6;

(2) Paragraph 47(1)(d) of the Act is repealed and the following substituted:

(d) "Crown reserve area" means,

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

(ii) 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;

(3) Paragraph 47(1)(j) of the Act is repealed and the following substituted:

(j) "interest" means,

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

(ii) in relation to offshore renewable energy, a submerged land licence;

(4) Subparagraph 47(1)(l)(i) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(5) Paragraph 47(1)(n) of the Act is repealed and the following substituted:

(n) "significant discovery" means a discovery indicated by a well on a geological feature that

(i) demonstrates, through a formation flow test approved by the regulator, the existence of hydrocarbons in that feature, and

(ii) having regard to geological and engineering factors, suggests the existence of an accumulation of hydrocarbons that has potential for sustained production; and

56. Section 50 of the Act is amended by deleting the word "board" and substituting the word "regulator".

57. Section 51 of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

58. (1) Subsection 52(1) of the Act is amended by

(a) deleting the number "1" and substituting the word "one"; and

(b) deleting the word "board" and substituting the word "regulator".

(2) Subsection 52(2) of the Act is amended by

(a) deleting the number "1" and substituting the word "one"; and

(b) deleting the word "board" and substituting the word "regulator".

59. (1) Subsection 53(1) of the Act is repealed and the following substituted:

Prohibition orders – issuance of interests

53. (1) Subject to sections 31 to 40, the regulator may, except in a case referred to in subsection (2), by order, for the purposes and under the conditions that may be set out in the order, prohibit the issuance of petroleum-related interests in respect of the portions of the offshore area that are specified in the order.

(2) Section 53 of the Act is amended by adding immediately after subsection (1) the following:

(1.1) The federal minister and the provincial minister may, except in a case referred to in subsection (2), issue a joint direction to the regulator to, by order, for the purposes and under the conditions set out in the order, prohibit the issuance of submerged land licences in respect of the portions of the offshore area specified in the order.

(3) Section 53 of the Act is amended by adding immediately after subsection (2) the following:

(3) A direction issued under subsection (1.1) is not subordinate legislation for the purposes of the Statutes and Subordinate Legislation Act.

60. (1) Subsections 55(1) and (2) of the Act are repealed and the following substituted:

Prohibition orders – activities

55. (1) The regulator may, by order, prohibit an interest owner specified in the order from commencing or continuing work or activity on the portions of the offshore area or a part of the offshore area that are subject to the interest of that interest owner, where there is

(a) an environmental or social problem of a serious nature; or

(b) dangerous or extreme weather conditions affecting the health or safety of people or the safety of equipment.

(2) Notwithstanding subsection (1), an order of the regulator made in accordance with paragraph (1)(a) is,

(a) with respect to a petroleum-related interest, subject to sections 31 to 40; and

(b) with respect to a submerged land licence, is subject to sections 40.1 to 40.3.

(2) Subsection 55(6) of the Act is amended by deleting the word "board" and substituting the word "regulator".

61. The Act is amended by adding immediately after section 55 the following:

Prohibitions – regulations

55.1 Subject to section 7, the Lieutenant-Governor in Council may, for the purpose of the protection of the environment, make regulations prohibiting, in respect of a portion of the offshore area that is specified in those regulations and that is located in an area that is or, in the opinion of the Lieutenant-Governor in Council, may be identified under an Act of Parliament of Canada or an Act of the Legislature as an area for environmental or wildlife conservation or protection,

(a) the commencement or continuation of

(i) a work or activity relating to the exploration or drilling for or the production, conservation, processing or transportation of petroleum, or

(ii) an offshore renewable energy project; or

(b) the issuance of interests.

Negotiations for compensation – federal minister

55.2 (1) The federal minister may enter into negotiations with an interest owner for the determination of compensation that may be granted to the interest owner for the surrender of the interest in respect of all or a portion of the offshore area subject to the interest, where all or a portion of the offshore area in respect of which the surrender is negotiated is

(a) located in an area that is identified under an Act of Parliament of Canada as an area for environmental or wildlife conservation or protection; or

(b) subject to regulations made under section 55.1.

(2) The federal minister shall, not later than 60 days before entering into the negotiations referred to in subsection (1), give written notice to the provincial minister of the federal minister’s intention to enter into negotiations with the interest owner within the period specified in the notice referred to in subsection (3).

(3) The federal minister shall, not later than 30 days before entering into the negotiations referred to in subsection (1), give written notice to the interest owner, and provide a copy of the notice to the regulator, indicating the federal minister’s intention to enter into negotiations with the interest owner within the period specified in the notice.

(4) The federal minister and the provincial minister may, by order, jointly cancel the interest in respect of all or a portion of the offshore area that is subject to the interest and that is located in an area that is or, in the opinion of the Governor in Council, may be identified under an Act of Parliament of Canada as an area for environmental or wildlife conservation or protection, where

(a) the interest owner did not enter into negotiations with the federal minister within the period specified in the notice provided to the interest owner under subsection (3);

(b) in the opinion of the federal minister, the compensation to be granted to the interest owner for the surrender of the interest has not been determined during the negotiations within a reasonable time; or

(c) in the opinion of the federal minister, the negotiations have not resulted in the surrender of the interest by the interest owner within a reasonable time even though the compensation to be granted to the interest owner has been determined during the negotiations.

(5) The federal minister shall specify in the order the amount of compensation to be granted to the interest owner under subsection 55.3(2) in respect of the cancellation of the interest.

(6) The portion of the offshore area subject to the interest referred to in subsection (1) that has been surrendered or the interest referred to in subsection (4) that has been cancelled becomes a Crown reserve area.

(7) Where an interest referred to in subsection (1) is surrendered or where an interest referred to in subsection (4) is cancelled, the deposit balance with respect to the interest held by the person holding that deposit balance on behalf of the interest owner, calculated in accordance with the regulations, shall be returned to the interest owner, less any liability, either direct or by way of indemnity, owed by the interest owner to that person at the time of the surrender or cancellation.

Compensation – surrender

55.3 (1) Where an interest owner surrenders an interest referred to in subsection 55.2(1), the Crown in right of Canada, may grant the compensation that is determined by negotiations with the federal minister for the surrender of the interest.

(2) Where an interest is cancelled by an order made under subsection 55.2(4), the Crown in right of Canada may grant an interest owner the compensation that is specified in the order.

(3) Where a petroleum-related interest is cancelled by an order made under subsection 55.2(4), it is subject to section 120 in respect of the amount of the compensation that may be granted to the interest holder, and, for the purposes of this subsection, a reference to the regulator in section 120 shall be read as a reference to the federal minister.

(4) A person shall not have the right to claim or receive compensation, damages, indemnity or other form of relief from the Crown in right of Canada or from a servant or agent of the Crown in right of Canada for an acquired, vested, future or potential right or entitlement that is affected by a surrender of an interest referred to in subsection 55.2(1) or a cancellation of an interest referred to in subsection 55.2(4), other than compensation that may be granted to an interest owner under this section.

Negotiations for compensation – provincial minister

55.4 (1) The provincial minister may enter into negotiations with an owner of a petroleum-related interest for a determination of compensation that may be granted to the interest owner for the surrender of the interest in respect of all or a portion of the offshore area subject to the interest, where all or a portion of the offshore area in respect of which the surrender is negotiated is

(a) located in an area that is identified under an Act of the Legislature as an area for environmental or wildlife conservation or protection; or

(b) subject to regulations made under section 55.1.

(2) The provincial minister shall, not later than 60 days before entering into the negotiations referred to in subsection (1), give written notice to the federal minister of the provincial minister’s intention to enter into negotiations with the interest owner within the period specified in the notice referred to in subsection (3).

(3) The provincial minister shall, not later than 30 days before entering into the negotiations referred to in subsection (1), give written notice to the interest owner, and provide a copy of the notice to the regulator, indicating the provincial minister’s intention to enter into negotiations with the interest owner within the period specified in the notice.

(4) The provincial minister and the federal minister may, by order, jointly cancel an interest in respect of all or a portion of the offshore area that is subject to the interest and that is located in an area that is or, in the opinion of the Lieutenant-Governor in Council, may be identified under an Act of the Legislature as an area for environmental or wildlife conservation or protection, where

(a) the interest owner did not enter into negotiations with the provincial minister within the period specified in the notice provided to the interest owner under subsection (3);

(b) in the opinion of the provincial minister, the compensation to be granted to the interest owner for the surrender of the interest has not been determined during the negotiations within a reasonable time; or

(c) in the opinion of the provincial minister, the negotiations have not resulted in the surrender of the interest by the interest owner within a reasonable time even though the compensation to be granted to the interest owner has been determined during the negotiations.

(5) The provincial minister shall specify in the order the amount of compensation to be granted to the interest owner under subsection 55.5(2) in respect of the cancellation of the interest.

(7) Where an interest referred to in subsection (1) is surrendered or an interest referred to in subsection (4) is cancelled, the deposit balance with respect to the interest held by the person holding that deposit balance on behalf of the interest owner, calculated in accordance with the regulations, shall be returned to the interest owner, less any liability, either direct or by way of indemnity, owed by the interest owner to that person at the time of the surrender or cancellation.

Compensation – surrender or cancellation

55.5 (1) Where an interest owner surrenders an interest referred to in subsection 55.4(1), the Crown in right of the province may grant the compensation that is determined by negotiations with the provincial minister for the surrender of the interest.

(2) Where an interest is cancelled by an order made under subsection 55.4(4), the Crown in right of the province may grant an interest owner the compensation that is specified in the order.

(3) An order made under subsection 55.4(4) is subject to section 120 in respect of the amount of the compensation to be granted to an interest holder, and, for the purposes of this subsection, a reference to the regulator in section 120 shall be read as a reference to the provincial minister.

(4) A person shall not have the right to claim or receive compensation, damages, indemnity or other form of relief from the Crown in right of the province or from a servant or agent of the Crown in right of the province for an acquired, vested, future or potential right or entitlement that is affected by a surrender of an interest referred to in subsection 55.4(1) or a cancellation of an interest referred to in subsection 55.4(4), other than compensation that may be granted to an interest owner under this section.

62. Part II of the Act is amended by repealing the heading "DIVISION II GENERAL RULES RELATING TO ISSUING OF INTERESTS" and substituting the following:

DIVISION II
GENERAL RULES RELATING TO ISSUANCE OF PETROLEUM-RELATED INTERESTS

63. Section 56 of the Act is repealed and the following substituted:

Authority to issue petroleum-related interests

56. (1) The regulator may issue petroleum-related interests in respect of a portion of the offshore area in accordance with this Part and the regulations.

(2) The issuance of a petroleum-related interest by the regulator is subject to sections 31 to 40 unless the issuance of the petroleum-related interest is mandatory under another provision of this Part.

(3) The application of a petroleum-related interest may be restricted to the geological formations and to the substances that may be specified in the petroleum-related interest.

(4) Subsection (3) does not apply to a petroleum-related interest that

(a) is in force or in respect of which negotiations were completed before April 4, 1987 in relation to a portion of the offshore area; or

(b) immediately succeeds an interest referred to in paragraph (a) in relation to that portion of the offshore area where that portion was not a Crown reserve area on the expiration of the interest referred to in paragraph (a).

64. (1) Subsections 57(1) to (3) of the Act are repealed and the following substituted:

Call for bids – petroleum-related interests

57. (1) The regulator shall not issue a petroleum-related interest in relation to Crown reserve areas unless

(a) prior to issuing the petroleum-related interest, the regulator has made a call for bids in relation to those Crown reserve areas by publishing a notice in accordance with this section and section 62; and

(b) the petroleum-related interest is issued to the person who submitted, in response to the call, the bid selected by the regulator in accordance with subsection 58(1).

(2) The making of a call for bids for the issuance of a petroleum-related interest is subject to sections 31 to 40.

(3) A request received by the regulator to make a call for bids for the issuance of a petroleum-related interest in relation to particular portion of the offshore area shall be considered by the regulator in selecting the portions of the offshore area to be specified in the call for bids.

(2) Paragraph 57(4)(d) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(3) Paragraph 57(4)(g) of the Act is amended by deleting the word "board" and substituting the word "regulator".

65. Section 58 of the Act is repealed and the following substituted:

Selection of bids and publication

58. (1) A bid submitted in response to a call for bids for the issuance of a petroleum-related interest shall not be selected unless

(a) the bid satisfies the terms and conditions and is submitted in the form and manner specified in the call; and

(b) the selection is made on the basis of the criterion specified in the call.

(2) Where the regulator selects a bid submitted in response to a call for bids, the regulator shall publish a notice in accordance with section 62 setting out the terms and conditions of that bid.

(3) Where a petroleum-related interest is to be issued as a result of a call for bids, the terms and conditions of the petroleum-related interest shall be substantially consistent with the terms and conditions in respect of the petroleum-related interest specified in the call.

(4) The regulator shall publish a notice in accordance with section 62 setting out the terms and conditions of a petroleum-related interest issued as a result of a call for bids as soon as practicable after the issuing of the petroleum-related interest.

66. Section 59 of the Act is repealed and the following substituted:

Issuance of interest not required

59. (1) The regulator is not required to issue a petroleum-related interest as a result of a call for bids.

(2) Where the regulator has not issued a petroleum-related interest with respect to a particular portion of the offshore area specified in a call for bids within 6 months after the closing date specified in the call for the submission of bids, the regulator shall, before issuing a petroleum-related interest in relation to that portion of the offshore area, make a new call for bids.

67. (1) Subsection 60(1) of the Act is repealed and the following substituted:

Exception to call for bids - petroleum

60. (1) Subject to sections 31 to 40, the regulator may issue a petroleum-related interest in relation to a Crown reserve area without making a call for bids where

(a) the portion of the offshore area to which the petroleum-related interest is to apply has, through error or inadvertence, become a Crown reserve area and the interest owner who last held a petroleum-related interest in relation to that portion of the offshore area has, within one year after the time it became a Crown reserve area, requested the regulator to issue a petroleum-related interest; or

(b) the regulator is issuing the petroleum-related interest to an interest owner in exchange for the surrender by the interest owner, at the request of the regulator, of another petroleum-related interest or a share in another petroleum-related interest, in relation to all or a portion of the offshore area subject to that other petroleum-related interest.

(2) Subsection 60(2) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

68. Section 61 of the Act is amended by deleting the words "an interest" and substituting the words "a petroleum-related interest".

69. Section 62 of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

70. Subsection 66(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

71. Section 67 of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

72. Subsection 69(3) of the Act is amended by deleting the word "board" and substituting the word "regulator".

73. (1) Subsection 70(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(2) Subsection 70(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(3) Subsection 70(4) of the Act is amended by deleting the word "board" and substituting the word "regulator".

74. Section 72 of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

75. (1) Subsection 74(3) of the Act is repealed and the following substituted:

(3) A significant discovery licence continues in force, in relation to each portion of the offshore area to which the licence applies, for a term of 25 years.

(2) Section 74 of the Act is amended by adding immediately after subsection (3) the following:

(3.1) Where an interest owner has made an application for a declaration of commercial discovery referred to in subsection 77(1) or for the issuance of a production licence referred to in subsection 80(1), the term of the significant discovery licence is extended until the regulator makes a decision respecting that application.

(3.2) The extension to the term of a significant discovery licence under subsection (3.1) remains in force after the regulator makes a declaration of commercial discovery, but the regulator may cancel the extension where the interest owner fails to submit an application for the issuance of a production licence within a reasonable time.

76. (1) Subsection 75(1) of the Act is amended by

(a) deleting the word "board" wherever it appears and substituting the word "regulator"; and

(b) deleting the number "1" and substituting the word "one".

(2) Subsection 75(4) of the Act is amended by deleting the number "1" and substituting the word "one".

77. Subsection 76(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

78. (1) Subsection 77(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(2) Subsection 77(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

79. (1) Subsection 78(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(2) Subsection 78(2) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(3) Subsection 78(3) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(4) Subsection 78(6) of the Act is amended by deleting the word "board" and substituting the word "regulator".

80. Subsection 79(2) of the Act is repealed and the following substituted:

(2) Notwithstanding subsection (1), the regulator may, subject to the terms and conditions that the regulator considers appropriate, authorize an interest holder of a petroleum-related interest or a share in a petroleum-related interest to produce petroleum on the portions of the offshore area subject to the interest or share for use in the exploration or drilling for or development of petroleum on a portion of the offshore area.

81. (1) Subsection 80(1) of the Act is amended by

(a) deleting the word "board" wherever it appears and substituting the word "regulator"; and

(b) deleting the number "1" wherever it appears and substituting the word "one".

(2) Subsection 80(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(3) Subsection 80(3) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(4) Subsection 80(4) of the Act is amended by deleting the word "board" and substituting the word "regulator".

82. Section 81 of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

83. Subsection 83(4) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

84. Subsection 85(1) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

85. Part II of the Act is amended by adding immediately after section 86 the following:

DIVISION IV.1
GENERAL RULES RELATING TO ISSUANCE OF SUBMERGED LAND LICENCES

Authority to issue submerged land licences

86.1 (1) The regulator may issue submerged land licences in respect of a portion of the offshore area in accordance with this Part and the regulations.

(2) The issuance of a submerged land licence by the regulator is subject to sections 40.1 to 40.3.

(3) The application of a submerged land licence may be restricted to particular technologies or types of offshore renewable energy resources that may be specified in the licence.

(4) A submerged land licence is not required for the purpose of carrying on a work or activity described in subparagraph 2(o.1)(i) that does not require attaching a facility or structure to the seabed.

Rights under submerged land licences

86.2 A submerged land licence confers, with respect to the portions of the offshore area to which the submerged land licence applies and subject to the terms and conditions specified in the submerged land licence, the right to carry on an offshore renewable energy project.

Call for bids – submerged land licence

86.3 (1) The regulator shall not issue a submerged land licence in relation to Crown reserve areas unless

(a) before issuing the submerged land licence, the regulator has made a call for bids in relation to those Crown reserve areas by publishing a notice in accordance with this section and section 86.9; and

(b) the submerged land licence is issued to the person who submitted, in response to the call, a bid selected by the regulator in accordance with subsection 86.4(1).

(2) The making of a call for bids for the issuance of a submerged land licence is subject to sections 40.1 to 40.3.

(3) A call for bids shall specify

(a) the submerged land licence to be issued and the portions of the offshore area to which the submerged land licence is to apply;

(b) where applicable, the particular technologies or types of offshore renewable energy resources to which the submerged land licence is to apply;

(d) the terms and conditions that a bid is required to satisfy to be considered by the regulator;

(e) the form and manner in which a bid is to be submitted;

(f) the closing date for the submission of bids; and

(g) the criteria that the regulator will apply in assessing bids submitted in response to the call for bids.

Selection of bid

86.4 (1) A bid submitted in response to a call for bids shall not be selected unless

(a) the bid satisfies the terms and conditions and is submitted in the form and manner specified in the call for bids; and

(b) the selection is made on the basis of the criteria specified in the call for bids.

(2) Where the regulator selects a bid submitted in response to a call for bids, the regulator shall publish a notice in accordance with section 86.9 setting out the terms and conditions of that bid.

(3) The regulator shall make an offshore renewable energy recommendation for or against the issuance of a submerged land licence under section 86.1 respecting all bids selected in accordance with subsection (1).

Issuance of licence not required

86.5 (1) The regulator is not required to issue a submerged land licence as a result of a call for bids.

(2) Where a submerged land licence is to be issued as a result of a call for bids, the terms and conditions of the submerged land licence shall be substantially consistent with the terms and conditions specified in the call.

(3) The regulator shall publish a notice in accordance with section 86.9 setting out the terms and conditions of a submerged land licence issued as a result of a call for bids as soon as practicable after the submerged land licence’s issuance.

New call for bids required

86.6 Where the regulator has not issued a submerged land licence with respect to a particular portion of the offshore area specified in a call for bids within 12 months after the closing date specified in the call for bids, the regulator shall, before issuing a submerged land licence in relation to that portion of the offshore area, make a new call for bids.

Exception to call for bids – offshore renewable energy

86.7 (1) Subject to sections 40.1 to 40.3, the regulator may issue a submerged land licence in relation to a Crown reserve area without making a call for bids where

(a) the portion of the offshore area to which the submerged land licence is to apply has, through error or inadvertence, become a Crown reserve area and the interest owner who last held a submerged land licence in relation to that portion of the offshore area has, within one year after the time it became a Crown reserve area, requested the regulator to issue a submerged land licence;

(b) the regulator is issuing the submerged land licence to an interest owner in exchange for the surrender by the interest owner, at the request of the regulator, of another submerged land licence or share in another such submerged land licence, in relation to all or a portion of the offshore area subject to that other submerged land licence; or

(c) the federal minister and the provincial minister have directed the regulator to review an application for the issuance of a submerged land licence that will include the terms and conditions specified by the ministers.

(2) The terms and conditions referred to in paragraph (1)(c) shall specify that the purpose of the offshore renewable energy project to be carried out under the submerged land licence shall be restricted to the following:

(a) to conduct research or to demonstrate a technology, approach or method related to the production, transmission or storage of renewable energy;

(b) to conduct a site assessment activity;

(d) to provide energy for a petroleum-related work or activity; or

(e) any other purpose prescribed in regulations.

(3) Where the regulator proposes to issue a submerged land licence under subsection (1), the regulator shall, not later than 120 days before issuing the licence, publish a notice in accordance with section 86.9 setting out the terms and conditions of the proposed submerged land licence.

Interest not vitiated

86.8 Where a submerged land licence has been issued, it is not vitiated by reason only of a failure to comply with a requirement set out in sections 86.3 to 86.7 respecting the form and content of, and time and manner of publishing, a notice required by those sections in relation to that submerged land licence.

Manner of publication of notices

86.9 (1) A notice required to be published by the regulator under subsection 86.3(1), 86.4(2), 86.5(3), 86.7(3) or 86.12(2) shall be published in the Gazette and in other publications the regulator considers appropriate and, notwithstanding those subsections, may contain only a summary of the information required to be published and a statement that the full text of the notice is available for inspection by a person on request made to the regulator.

Regulations

86.10 Subject to section 7, the Lieutenant-Governor in Council may, for the purposes of section 86.3, make regulations of general application in relation to the offshore area or a portion of the offshore area, or in respect of a particular call for bids, prescribing the terms, conditions and criteria to be specified in a call for bids and the manner in which bids are to be submitted and requiring those terms, conditions and criteria and manner to be specified in the call.

Terms, conditions and regulations

86.11 (1) A submerged land licence shall contain the terms and conditions that may be prescribed in regulations and may contain other terms and conditions, consistent with this Part or the regulations, that may be agreed on by the regulator, subject to sections 40.1 to 40.3, and the interest owner of the submerged land licence.

(2) Subject to section 7, the Lieutenant-Governor in Council may make regulations prescribing the terms and conditions required to be included in a submerged land licence issued in relation to the offshore area or a portion of the offshore area.

Amendment and consolidation of submerged land licence

86.12 (1) Subject to sections 40.1 to 40.3, the regulator and an interest owner of a submerged land licence may, by agreement, amend a provision of the submerged land licence in a manner consistent with this Part or the regulations and may, subject to subsection (2), amend the licence to include other portions of the offshore area.

(2) The regulator shall not amend a submerged land licence to include a portion of the offshore area that, immediately prior to the inclusion, was a Crown reserve area unless the regulator would be able to issue an interest to that interest owner in relation to that area under subsection 86.7(1) and a notice has been published in accordance with section 86.9 not later than 120 days before making the amendment, setting out the terms and conditions of the amendment.

(3) Subject to sections 40.1 to 40.3, the regulator may, on the application of the interest owners of 2 or more submerged land licences, consolidate those submerged land licences into a single submerged land licence, subject to the terms and conditions that may be agreed on by the regulator and those interest owners.

Effective date of submerged land licence

86.13 (1) The effective date of a submerged land licence is the date specified in the submerged land licence.

(2) On the expiry of a submerged land licence, the portions of the offshore area to which the submerged land licence relate become Crown reserve areas.

Qualification for submerged land licence

86.14 A submerged land licence or share in a submerged land licence shall not be held by a person other than a corporation incorporated in Canada.

Principles

86.15 The following principles apply in this Division:

(a) Canadian corporations and individuals resident in Canada shall have a full and fair opportunity to participate on a competitive basis, including in the course of employment, in the supply of goods and services used in a work or activity related to an offshore renewable energy project;

(b) importance shall be given to the development of measures that aim to increase the participation of under-represented groups, including in the course of employment, in the supply of goods and services used in such work or activity; and

(c) during the submerged land licence issuance process, importance shall be given to the consideration of effects on fishing activities.

86. (1) Subsection 96(1) of the Act is repealed and the following substituted:

Fund continued and rates approved by regulator

96. (1) Part VII of the Canada Petroleum Resources Act applies, with the modifications that the circumstances require, within the offshore area.

(2) Subsection 96(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(3) Subsection 96(3) of the Act is amended by

(a) deleting the number "1" and substituting the word "one"; and

(b) deleting the word "board" and substituting the word "regulator".

(4) Subsection 96(4) of the Act is repealed and the following substituted:

(4) The Environmental Studies Management Board referred to in subsection (3) shall submit to the regulator a copy of every annual report and recommendation submitted to the federal minister under paragraph 79(1)(d) or (e) of the Canada Petroleum Resources Act at the same time the report or recommendation is submitted to the federal minister.

87. (1) Paragraph 97(1)(b) of the Act is amended by deleting the words "Trial Division of the".

(2) Paragraph 97(1)(c) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(3) Clause 97(1)(f)(i)(B) of the Act is repealed and the following substituted:

(B) that provides for the operator appointed under the contract to carry out a work or activity, in the portions of the offshore area to which the interest or share applies, related to the exploration for or the development or production of petroleum or to offshore renewable energy projects, and

(4) Paragraph 97(1)(h) of the Act is amended by deleting the word "board" and substituting the word "regulator".

88. Section 98 of the Act is repealed and the following substituted:

Notice of disposition of an interest

98. (1) Where an interest holder of an interest or a share in an interest enters into an agreement or arrangement that is or may result in a transfer, assignment or other disposition of the interest or a share in the interest, the interest holder shall give notice of the agreement or arrangement to the regulator, together with a summary of its terms and conditions or, on the request of the regulator, a copy of the agreement or arrangement.

(2) A submerged land licence shall only be transferred, assigned or otherwise disposed of under subsection (1) where the regulator is satisfied that the terms and conditions of the submerged land licence can be met following the transfer, assignment or other disposition.

89. Paragraph 112(a) of the Act is amended by deleting the word "board" and substituting the word "regulator".

90. Paragraph 114(a) of the Act is amended by deleting the word "board" and substituting the word "regulator".

91. (1) Paragraph 115(1)(c) of the Act is repealed and the following substituted:

(c) "engineering research or feasibility study" includes work undertaken to facilitate the design or to analyze the viability of engineering technology, systems or schemes to be used, in the offshore area, in the exploration for or the development, production or transportation of petroleum or in offshore renewable energy projects;

(2) Paragraph 115(5)(d) of the Act is repealed and the following substituted:

(d) geological work or geophysical work performed on or in relation to a portion of the offshore area,

(i) in the case of a well site seabed survey where the well has been drilled, after the expiration of the period referred to in paragraph (a) or the later period referred to in subparagraph (b)(i) or (ii) or subparagraph (c)(i) or (ii), according to whether paragraph (a), (b) or (c) is applicable in respect of that well,

(ii) in any other case relating to a petroleum-related work or activity, after the expiration of 5 years following the date of completion of the work, or

(iii) in a case relating to an offshore renewable energy project, after the expiration of the time set out in regulations, or in the absence of regulations, 3 years following the date of completion of the geological or geophysical work;

(3) Paragraph 115(5)(e) of the Act is repealed and the following substituted:

(e) an engineering research or feasibility study or experimental project, including geotechnical work, carried out on or in relation to a portion of the offshore area,

(i) where it relates to a well and the well has been drilled, after the expiration of the period referred to in paragraph (a) or the later period referred to in subparagraph (b)(i) or (ii) or subparagraph (c)(i) or (ii), according to whether paragraph (a), (b) or (c) is applicable in respect of that well,

(ii) in any other case relating to a petroleum-related work or activity, after the expiration of 5 years following the date of completion of the research, study or experimental project or after the reversion of that portion of the offshore area to a Crown reserve area, whichever occurs first; or

(iii) in a case relating to an offshore renewable energy project, after the earlier of

(A) the expiration of the period set out in regulations or, in the absence of regulations, 3 years following the date of completion of the research, study or experimental project, and

(B) the reversion of that portion of the offshore area to Crown reserve areas;

(4) Paragraph 115(5)(i) of the Act is repealed and the following substituted:

(i) an environmental study, other than a study referred to in paragraph (h),

(ii) in any other case relating to a petroleum-related work or activity, where 5 years have passed since the completion of the study, or

(iii) in a case relating to an offshore renewable energy project, where the period set out in regulations has passed since the completion of the study or, in the absence of regulations, where 3 years have passed since the completion of that study.

(5) Subsection 115(6) of the Act is repealed and the following substituted:

(6) The regulator may disclose any information or documentation that it obtains under this Part or Part III, to officials of the Government of Canada, the government of the province or any other province, or a foreign government, or to the representatives of any of their agencies, for the purposes of a federal, provincial or foreign law, as the case may be, that deals primarily with a petroleum-related work or activity, including the exploration for and the management, administration and exploitation of petroleum resources, or with an offshore renewable energy project, where

(a) the government or agency undertakes to keep the information or documentation confidential and not to disclose it without the regulator's written consent;

(b) the information and documentation is disclosed in accordance with any conditions agreed to by the regulator and the government or agency; and

(c) in the case of disclosure to a foreign government or agency, the federal minister and the provincial minister consent in writing.

(6) Subsection 115(7) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(7) Subsection 115(8) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(8) Subsection 115(9) of the Act is repealed and the following substituted:

(9) Subsection (2) does not apply in respect of information regarding the applicant for an operating licence or authorization under subsection 134(1) or an authorization under subsection 134.01(1) or the scope, purpose, location, timing and nature of the proposed work or activity for which the licence or authorization is sought.

(9) Section 115 of the Act is amended by adding immediately after subsection (9) the following:

(9.1) The regulator shall make public a summary of the information referred to in subsection (9) in respect of a work or activity for which the Impact Assessment Agency of Canada decided under section 16 of the Impact Assessment Act (Canada) that an impact assessment is not required or which is excluded under section 112.1 of that Act.

(10) Subsection 115(11) of the Act is repealed and the following substituted:

(11) Subject to section 115.1, the regulator may disclose, including for the purposes of the Impact Assessment Act (Canada), all or part of any information or documentation related to safety or environmental protection that is provided in relation to an application for an operating licence or authorization under subsection 134(1) or an authorization under subsection 134.01(1), or to an operating licence or authorization that is issued under one of those subsections or provided in accordance with any regulations made under this Part or Part III, but the regulator is not permitted to disclose information or documentation where the regulator is satisfied that

(a) disclosure of it could reasonably be expected to result in a material loss or gain to a person, or to prejudice the person's competitive position, and the potential harm resulting from the disclosure outweighs the public interest in making the disclosure;

(b) it is financial, commercial, scientific or technical information or documentation that is confidential and has been consistently treated as such by a person who would be directly affected by its disclosure, and for which the person's interest in confidentiality outweighs the public interest in its disclosure; or

(c) there is a real and substantial risk that disclosure of it will impair the security of pipelines, as defined in section 131, installations, facilities, vessels, aircraft or systems, including computer or communication systems, used for any work or activity in respect of which this Act applies, or methods employed to protect them, and the need to prevent its disclosure outweighs the public interest in its disclosure.

92. (1) Subsection 115.1(1) of the Act is amended by

(a) deleting the word "board" wherever it appears and substituting the word "regulator"; and

(b) deleting the word "board's" and substituting the word "regulator's".

(2) Subsection 115.1(2) of the Act is amended by deleting the words "he, she or it" wherever it appears and substituting the words "the person".

(3) Paragraph 115.1(3)(a) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(4) Paragraph 115.1(3)(c) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(5) Subsection 115.1(4) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(6) Paragraph 115.1(5)(b) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(7) Subsection 115.1(6) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(8) Subsection 115.1(7) of the Act is amended by

(a) deleting the word "board" and substituting the word "regulator"; and

(b) deleting the words "Trial Division" and substituting the words "Supreme Court".

(9) Subsection 115.1(9) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

93. Subsection 117(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

94. (1) Subsection 119(1) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(2) Subsection 119(2) of the Act is repealed and the following substituted:

(2) Notwithstanding anything in this Part but subject to sections 31 to 40 and subsection (3), where an interest owner or holder of a petroleum-related interest fails to comply with a notice under subsection (1) within the period specified in the notice and the regulator considers that the failure to comply warrants cancellation of the interest of the interest owner or holder or a share in the interest held by the holder with respect to a portion only of the offshore area subject to the interest, the regulator may, by order subject to section 120, cancel that interest or share, in which case, the portions of the offshore area under that interest or share become Crown reserve areas.

(3) Section 119 of the Act is amended by adding immediately after subsection (2) the following:

(3) Notwithstanding subsection (2), the regulator’s order to cancel an exploration licence, significant discovery licence or production licence under subsection (2) is not subject to section 120 where the notice under subsection (1) relates to a failure to meet any of the terms and conditions contained in that licence.

(4) Notwithstanding anything in this Part but subject to sections 40.1 to 40.3, where the interest owner or holder of a submerged land licence fails to comply with a notice under subsection (1) within the period specified in the notice and the regulator considers that the failure to comply warrants cancellation of the licence of the interest owner or holder or a share in the licence held by the holder, the regulator may, by order, cancel that licence or share, in which case the portions of the offshore area under that licence or share become Crown reserve areas.

95. (1) Subsection 120(2) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(2) Subsection 120(3) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(3) Subsection 120(6) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(4) Subsection 120(7) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(5) Subsection 120(8) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(6) Paragraph 120(9)(b) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(7) Subsection 120(10) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

96. (1) Paragraph 121(1)(b) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(2) Subsections 121(2) and (3) of the Act are repealed.

97. (1) Subsection 122(1) of the Act is amended by

(a) deleting the word "board" and substituting the word "regulator"; and

(b) deleting the words "his or her" and substituting the words "the person's".

(2) Subsection 122(2) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(3) Subsection 122(3) of the Act is amended by deleting the word "board" and substituting the word "regulator".

98. Subsection 124(1) of the Act is amended by deleting the words "the interests" and substituting the words "the petroleum-related interests".

99. (1) Subsection 126(1) of the Act is amended by

(a) deleting the number "1st" and substituting the word "first"; and

(b) deleting the word "board" and substituting the word "regulator".

(2) Subsection 126(4) of the Act is amended by

(a) deleting the number "1" and substituting the word "one"; and

(b) deleting the word "board" and substituting the word "regulator".

100. Subsection 127(1) of the Act is amended by

(a) deleting the number "1st" and substituting the word "first"; and

(b) deleting the word "board" and substituting the word "regulator".

101. Section 128 of the Act is amended by deleting the word "board" and substituting the word "regulator".

102. Subsection 129(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

103. The Act is amended by adding immediately after section 130 the following:

Transitional

130.1 (1) Notwithstanding subsection 74(3) and subject to subsection 84(1), where the interest holder of an exploration licence issued before 2017 applies for a declaration of significant discovery in relation to a portion of the offshore area to which that licence applies and where the significant discovery is indicated by the first well on a geological feature that demonstrates, by flow testing, the existence of hydrocarbons in that feature, a significant discovery licence issued for that significant discovery area continues in force, in relation to each portion of the offshore area to which the licence applies, for as long as the declaration of significant discovery on the basis of which the licence was issued remains in force in relation to that portion of the offshore area.

104. The Act is amended by repealing the heading "PART III PETROLEUM OPERATIONS" and substituting the following:

PART III
PETROLEUM AND OFFSHORE RENEWABLE ENERGY OPERATIONS

105. Section 131.1 of the Act is repealed and the following substituted:

Purpose

131.1 (1) The purpose of this Part is to promote

(a) safety, particularly by encouraging persons exploring for and exploiting petroleum or carrying on an offshore renewable energy project, to maintain a prudent regime for achieving safety;

(b) the protection of the environment;

(d) in respect of the exploration for and exploitation of petroleum, the conservation of petroleum resources and joint production arrangements.

106. Section 132 of the Act is repealed and the following substituted:

Application

132. This Part applies in respect of the exploration and drilling for and the production, conservation, processing and transportation of petroleum, and in respect of offshore renewable energy projects, in the offshore area.

107. Section 132.1 of the Act is amended by deleting the number "1" and substituting the word "one".

108. The Act is amended by adding immediately after section 133 the following:

Prohibition – offshore renewable energy

133.01 A person shall not carry on a work or activity related to an offshore renewable energy project unless

(a) that person is the holder of an authorization issued, before the commencement of operations, under subsection 134.01(1) for the work or activity; and

(b) where it is required, that person is authorized or entitled to carry on business in the place where that person proposes to carry on the work or activity.

109. Section 133.1 of the Act is repealed and the following substituted:

Delegation of regulator's authority

133.1 The regulator may delegate to a person any of the regulator's powers under section 134, 134.01, 134.13, 134.15, 135.1, 135.2, 157.1, 158, 179.20 or 179.21 and the person shall exercise those powers in accordance with the terms of the delegation.

110. (1) Subsection 134(1) of the Act is repealed and the following substituted:

Petroleum operating licences and authorizations

134. (1) The regulator may, on application made in the form and containing the information required by the regulator, and made in the prescribed manner, issue, in relation to petroleum-related works or activities,

(a) an operating licence; and

(b) subject to section 45, an authorization with respect to each work or activity proposed to be carried on.

(2) Subsection 134(3) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(3) Subsection 134(4) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(4) Subsection 134(5) of the Act is repealed and the following substituted:

(5) An authorization shall be subject to those approvals that the regulator determines or that may be granted in accordance with the regulations and those requirements and deposits that the regulator determines or that may be prescribed, including

(a) requirements relating to liability for loss, damage, costs or expenses;

(b) requirements for the carrying out of environmental programs or studies;

(c) requirements that are conditions established under the Impact Assessment Act (Canada), including those established under section 64 of that Act or by regulations made under paragraph 112(1)(a.2) of that Act; and

(d) requirements for the payment of expenses incurred by the regulator in approving the design, construction and operation of production facilities and production platforms, as those terms are defined in the regulations.

(5) Subsection 134(7) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

111. The Act is amended by adding immediately after section 134 the following:

Offshore renewable energy authorizations

134.01 (1) The regulator may, on application containing the information required by the regulator or that may be prescribed, issue an authorization with respect to each work or activity proposed to be carried out in relation to an offshore renewable energy project.

(2) On receipt by the regulator of an application for an authorization referred to in subsection (1) or of an application to amend an authorization, the regulator shall provide a copy of the application to the chief safety officer.

(3) An authorization shall be subject to the terms and conditions required by the regulator or that may be prescribed, including terms or conditions with respect to

(a) approvals;

(b) deposits of money;

(d) the carrying out of safety studies or environmental programs or studies;

(e) conditions established under the Impact Assessment Act (Canada), including those established under section 64 of that Act or by regulations made under paragraph 112(1)(a.2) of that Act; and

(f) certificates of fitness and who may issue them.

(4) The terms and conditions referred to in subsection (3) that are required or prescribed shall be consistent with the provisions of this Act or the regulations.

(5) The regulator may suspend or revoke an authorization referred to in subsection (1) for failure to comply with, contravention of or default in respect of

(a) a term or condition determined by the regulator in accordance with the provisions of this Part or Part III.1 or prescribed under either of those Parts, subject to which the authorization was issued;

(b) a fee or charge payable in accordance with regulations made under section 29.1;

(d) subsection 135.1(3), 179.20(3) or 179.21(2);

(e) any provision of Part III.1; or

(f) any applicable regulation.

112. Sections 134.1 to 134.6 of the Act are repealed and the following substituted:

Impact assessment

134.1 (1) In this section and sections 134.2 to 134.6, "designated project" means a designated project, as defined in section 2 of the Impact Assessment Act (Canada), that is a work or activity referred to in section 133 or 133.01 of this Act.

(2) Where an application for an authorization made under paragraph 134(1)(b) or subsection 134.01(1) or an application made under subsection 135(2) is in respect of a designated project, the regulator may not make a determination respecting that application before

(a) the Impact Assessment Agency of Canada decides, under subsection 16(1) of the Impact Assessment Act (Canada), that an impact assessment of that project is not required; or

(b) the Minister of the Environment of Canada has issued a decision statement under section 65 of that Act.

(3) Where the Minister of the Environment of Canada considers designating, under section 9 of the Impact Assessment Act (Canada), a work or activity referred to in section 133 or 133.01 of this Act, the chairperson of the regulator shall provide the Minister of the Environment of Canada with comments respecting the designation.

(4) Before providing the Minister of the Environment of Canada with comments, the chairperson of the regulator may consult with the federal minister and the provincial minister and, in that event, the chairperson of the regulator shall consult with both ministers.

Access to information by Impact Assessment Agency

134.2 (1) The regulator shall provide the Impact Assessment Agency of Canada, on request and within the period specified by the Impact Assessment Agency under subsection 13(1) of the Impact Assessment Act (Canada), with any specialist or expert information or knowledge that the regulator possesses.

(2) The regulator shall, on the Impact Assessment Agency’s request made under subsection 13(2) of the Impact Assessment Act (Canada), engage the proponent of the designated project in order to specify to the proponent the information, if any, that the Impact Assessment Agency of Canada may require in order to exercise its powers or perform its duties or functions with respect to that project.

(3) The chairperson of the regulator shall provide the Impact Assessment Agency of Canada with comments for a work or activity referred to in section 133 or 133.01 that is the subject of a notice posted under subsection 15(3) of the Impact Assessment Act (Canada) in order to assist the Impact Assessment Agency of Canada in deciding whether an impact assessment of that work or activity is required.

(4) Before providing the Impact Assessment Agency of Canada with comments under subsection (3), the chairperson of the regulator may consult with the federal minister and the provincial minister and, in that event, the chairperson shall consult with both ministers.

(5) Where the Impact Assessment Agency of Canada decides that an impact assessment of a designated project is required, the chairperson of the regulator shall provide the Impact Assessment Agency of Canada with comments respecting the time limits referred to in subsections 28(2) and 37(1) of the Impact Assessment Act (Canada) within which the impact assessment report shall be submitted to the Minister of the Environment of Canada and within which any recommendations shall be posted on the Internet site established by the Impact Assessment Agency of Canada.

(6) The chairperson of the regulator shall provide the Minister of the Environment of Canada with comments respecting an extension to the time limits that are considered under subsection 28(6) or (7) or subsection 37(3) or (4) of the Impact Assessment Act (Canada).

(7) Before providing the Minister of the Environment of Canada with comments under subsection (6), the chairperson of the regulator may consult with the federal minister and the provincial minister and, in that event, the chairperson shall consult with both ministers.

(8) Where the Impact Assessment Agency of Canada decides that an impact assessment of a designated project is required, the regulator shall provide the Impact Assessment Agency of Canada with comments respecting

(a) the scope of the factors that the Impact Assessment Agency of Canada takes into account in determining, under subsection 18(1.2) of the Impact Assessment Act (Canada), what information or which studies it considers necessary and that it may require from the proponent for the conduct of the impact assessment;

(b) the information or studies that the regulator considers necessary for the conduct of the impact assessment or preparation of the impact assessment report, as the case may be, and that the Impact Assessment Agency of Canada may require from the proponent under paragraph 18(1)(a), subsections 19(3) and 26(2) and section 38 of the Impact Assessment Act (Canada); and

(c) whether the proponent has provided the Impact Assessment Agency of Canada with all of the information or studies necessary for the conduct of the impact assessment or preparation of the impact assessment report.

Access to information by Impact Assessment Agency or review panel

134.3 The regulator shall provide the Impact Assessment Agency of Canada or a review panel, on request and within the period specified by the Impact Assessment Agency of Canada or the review panel, as the case may be, under section 23 of the Impact Assessment Act (Canada), with any specialist or expert information or knowledge that the regulator possesses.

Comments for Impact Assessment Agency - conditions

134.4 Where the Impact Assessment Agency of Canada or a review panel are required to make recommendations respecting a designated project to assist the Minister of the Environment of Canada in establishing conditions under section 64 of the Impact Assessment Act (Canada), including respecting mitigation measures, a follow-up program or an adaptive management plan, the regulator shall provide the Impact Assessment Agency of Canada or the review panel, as the case may be, with comments respecting those conditions.

Federal authority's obligation

134.5 Every federal authority, as defined in section 2 of the Impact Assessment Act (Canada), shall provide the regulator, on request and within the period specified by the regulator, with any specialist or expert information or knowledge that the authority possesses and that the regulator may require in order to

(a) decide whether to authorize a work or activity under subsection 134(1) or 134.01(1);

(b) decide whether to approve a development plan under subsection 135(4) or an amendment to that plan under subsection 135(5); or

Access to information by authority

134.6 The regulator shall provide an authority, as defined in section 81 of the Impact Assessment Act (Canada), on request and within the period specified by the authority under section 85 of the Impact Assessment Act (Canada), with any specialist or expert information or knowledge that the regulator possesses respecting a project, as defined in section 81 of the Impact Assessment Act (Canada).

Regional Assessments

134.7 (1) The regulator may conduct a regional assessment of the effects of an existing or future work or activity referred to in section 133 or 133.01.

(2) The federal minister and the provincial minister may enter into an agreement with a jurisdiction authorized under any other federal or provincial legislation to conduct a regional assessment of the effects of an existing or future work or activity referred to in section 133 or 133.01, and may specify the time limits and terms of that regional assessment.

Strategic assessments

134.8 (1) The regulator may conduct a strategic assessment of a proposed or existing policy, plan or program respecting the offshore area or of an issue that is relevant to an existing or future work or activity referred to in section 133 or 133.01.

(2) The federal minister and the provincial minister may enter into an agreement with a jurisdiction authorized under any other federal or provincial legislation to conduct a strategic assessment of a proposed or existing policy, plan or program respecting the offshore area or of an issue that is relevant to an existing or future work or activity referred to in section 133 or 133.01, and may specify the time limits and terms of that strategic assessment.

Access to information by Impact Assessment Agency or committee

134.9 The regulator shall provide the Impact Assessment Agency of Canada or a committee, on request and within the period specified by the Impact Assessment Agency of Canada or the committee under section 100 of the Impact Assessment Act (Canada), with any specialist or expert information or knowledge that the regulator possesses.

Comments for Minister of the Environment of Canada

134.10 Where the Minister of the Environment of Canada, for the purpose of a regional assessment of the effects of an existing or future work or activity referred to in section 133 or 133.01 or for the purpose of a strategic assessment in the offshore area, establishes the terms of reference and appoints members of a committee or establishes the terms of reference of the Impact Assessment Agency of Canada under section 96 of the Impact Assessment Act (Canada), the federal minister, the provincial minister and the chairperson of the regulator shall provide the Minister of the Environment of Canada with comments respecting those terms of reference or appointments.

Participant funding program

134.11 The regulator may establish a participant funding program to facilitate the participation of the public and any Indigenous peoples of Canada in consultations concerning a matter respecting the offshore area.

Right of entry

134.12 (1) Subject to subsection (4), a person may, for the purpose of exploring for or exploiting petroleum, enter on and use a portion of the offshore area in order to carry on a work or activity authorized under paragraph 134(1)(b).

(2) Subject to subsection (4), a person may, for the purpose of carrying on an offshore renewable energy project, enter on and use a portion of the offshore area in order to carry on a work or activity authorized under subsection 134.01(1).

(3) Subject to subsection (4), a person may enter on and use a portion of the offshore area in order to make contact with, alter or remove an abandoned facility where the person has been authorized to do so under subsection 179.30(2).

(4) Where a person occupies a portion of the offshore area under a lawful right or title, other than an authorization under paragraph 134(1)(b) or subsection 134.01(1) or an interest as defined in paragraph 47(1)(j), a person may not enter on or use that portion for a purpose referred to in subsections (1) to (3) without the consent of the occupier or, where 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.

Safety

134.13 (1) The regulator shall, before issuing an authorization for a work or activity referred to in paragraph 134(1)(b), consider the safety of the work or activity by reviewing, in consultation with the chief safety officer, the system as a whole and its components, including its structures, facilities, equipment, operating procedures and personnel.

(2) The regulator shall, before a work or activity referred to in subsection 134.01(1) commences, consider the safety of the work or activity by reviewing, in consultation with the chief safety officer, the system as a whole and its components, including its structures, facilities, equipment, operating procedures and personnel.

Spill-treating agent

134.14 (1) The regulator shall not permit the use of a spill-treating agent in an authorization issued under paragraph 134(1)(b) unless the regulator determines, taking into account any prescribed factors and any factors the regulator considers appropriate, that the use of the spill-treating agent is likely to achieve a net environmental benefit.

(2) Subsection (1) shall come into force and, subsection (3) shall be repealed on a day to be proclaimed by the Lieutenant-Governor in Council.

(3) The regulator shall not permit the use of a spill-treating agent in an authorization issued under paragraph 134(1)(b) unless the regulator determines that the use of the spill-treating agent is likely to achieve a net environmental benefit.

Compliance with certain provisions

134.15 (1) The regulator shall, before issuing an authorization for a work or activity referred to in paragraph 134(1)(b), ensure that the applicant has complied with the requirements of subsections 157.1(1) or (2) and 158(1) or (1.1) in respect of that work or activity.

(2) The regulator shall ensure that an applicant or holder of an authorization under subsection 134.01(1) has, before a date prescribed by regulations or, in the absence of regulations, before commencing a work or activity under that authorization, complied with the requirements of subsections 179.20(1) and 179.21(1) in respect of that work or activity.

113. (1) Subsection 135(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(2) Subsection 135(2) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(3) Subsection 135(4) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(4) Subsection 135(5) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(5) Section 135 of the Act is amended by adding immediately after subsection (6) the following:

(7) The definitions in section 162 also apply in subsections (8) to (13).

(8) Notwithstanding subsection (4), the regulator shall not approve a development 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 unless the appropriate authority has agreed to its content.

(9) The approval of Part I of a development plan for a work or activity to be carried out in a transboundary pool is subject to sections 31 to 40, or, in respect of a transboundary pool extending into the jurisdiction of a foreign government, to the consent of the federal minister in consultation with the provincial minister, and any requirements that the regulator and appropriate authority have agreed are appropriate or that may be prescribed.

(10) In the case of a disagreement about the content of the development plan submitted for approval for a work or activity to be carried out in a transboundary pool, or any of the requirements referred to in subsection (8) or (9), the appropriate authority or the regulator or, in respect of a transboundary pool extending into the jurisdiction of a foreign government, the federal minister after having consulted the Minister of Foreign Affairs of Canada and the provincial minister, may refer the matter to an expert in accordance with section 179.16.

(11) A submission to an expert by the regulator regarding Part I of the development plan submitted for approval in respect a work or activity to be carried out in a transboundary pool is subject to sections 31 to 40, or, in respect of a transboundary pool extending into the jurisdiction of a foreign government, the approval of the federal minister in consultation with the provincial minister.

(12) Where a development plan submitted for approval in respect a work or activity to be carried out in a transboundary pool has been referred to an expert under subsection (10), for the purposes of this section, the expert’s decision shall be considered to be the regulator's approval of the plan and the federal minister and provincial minister's approval of Part I of that plan, or, in the case of a transboundary pool extending into the jurisdiction of a foreign government, the approval of only the federal minister.

(13) Subsections (7) to (12) apply, with the necessary modifications, to a proposed amendment to a development plan to which a work or activity in a transboundary pool relates or to a requirement to which the approval of the plan is subject.

114. Section 135.1 of the Act is repealed and the following substituted:

Declaration by applicant or holder of authorization

135.1 (1) The regulator shall not issue an authorization under paragraph 134(1)(b) unless the regulator has received, from the applicant for the authorization, a declaration in the form fixed by the regulator that states that

(a) the equipment and installations that are to be used in the work or activity to be authorized are fit for the purpose for which they are to be used, the operating procedures relating to them are appropriate for those uses, and the personnel who are to be employed in connection with them are qualified and competent for their employment; and

(b) the applicant shall ensure, so long as the work or activity that is authorized continues, that the equipment and installations continue to be appropriate for those uses, and the personnel continue to be so qualified and competent.

(2) An applicant or holder of an authorization under subsection 134.01(1) shall, prior to a date determined by regulations or, in the absence of regulations, by the regulator, provide the regulator with a declaration in the form fixed by the regulator that states that

(a) the equipment and facilities that are to be used in the work or activity to be authorized are fit for the purposes for which the equipment and facilities are to be used, the operating procedures relating to the equipment and facilities are appropriate for those uses, and the personnel who are to be employed in connection with the equipment and facilities are qualified and competent for their employment; and

(b) the applicant or holder shall ensure, so long as the work or activity that is authorized continues, that the equipment and facilities continue to be fit for the purposes for which the equipment and facilities are used, the operating procedures continue to be appropriate for those uses, and the personnel continue to be qualified and competent.

(3) Where the equipment, an installation, a facility, the operating procedures or the personnel specified in a declaration provided under this section changes and no longer conforms to the declaration provided, the holder of the authorization that provided the declaration shall provide the regulator with a new declaration as soon as the circumstances permit after the change occurs.

(4) The regulator or a delegate of the regulator is not liable to a person by reason only of having issued an authorization in reliance on a declaration made under this section.

115. (1) Subsection 135.2(1) of the Act is repealed and the following substituted:

Petroleum-related certificate

135.2 (1) An authorization under paragraph 134(1)(b) shall not be issued with respect to prescribed equipment or an installation, or equipment or an installation of a prescribed class, unless the regulator has received, from the applicant for the authorization, a certificate issued by a certifying authority in the form fixed by the regulator.

(2) Paragraph 135.2(3)(b) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(3) Paragraph 135.2(4)(a) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(4) Subsection 135.2(7) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

116. Subsection 136(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

117. (1) Subsection 137(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(2) Subsection 137(2) of the Act is amended by

(a) deleting the word "board" wherever it appears and substituting the word "regulator"; and

(b) deleting the number "1" and substituting the word "one".

118. Section 138 of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

119. Subsection 140(1) of the Act is repealed and the following substituted:

Quorum and powers of committee

140. (1) A majority of the members, including one member who is not an employee in the public service of Canada or of the province, constitutes a quorum of the committee.

120. Section 143 of the Act is amended by deleting the word "board" and substituting the word "regulator".

121. Subsection 144(3) of the Act is amended by deleting the word "board" and substituting the word "regulator".

122. Part III of the Act is amended by repealing the heading "DIVISION I REGULATION OF OPERATIONS" and substituting the following:

DIVISION I
REGULATION OF OPERATIONS – PETROLEUM

123. (1) Paragraph 145(1)(a) of the Act is repealed and the following substituted:

(a) defining, in relation to petroleum-related works or activities, "oil" and "gas" for the purpose of Divisions I and II, "installation" and "equipment" for the purpose of section 135.1 and 135.2 and "serious" for the purpose of section 161;

(2) Paragraph 145(1)(f) of the Act is repealed and the following substituted:

(f) authorizing the regulator, or a person, to make those orders that may be specified in the regulations, and to exercise those powers and perform those duties that may be necessary for

(i) the management and control of petroleum production,

(ii) the removal of petroleum from the offshore area, including in relation to the management of access by third parties to existing offshore infrastructure for the purpose of storing, processing and transporting petroleum and in relation to the amounts that may be charged for that access, and

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

(3) Paragraph 145(1)(g) of the Act is repealed and the following substituted:

(g) concerning arbitration related to petroleum-related works or activities for the purpose of subsection 134.12(4), including the costs of or incurred in relation to those arbitrations;

(4) Paragraph 145(1)(j) of the Act is repealed and the following substituted:

(j) prohibiting, in relation to petroleum-related works or activities, the introduction into the environment of substances, classes of substances and forms of energy, in prescribed circumstances;

(5) Paragraph 145(1)(m) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(6) Paragraphs 145(1)(n) and (o) of the Act are repealed and the following substituted:

(n) concerning the creation, conservation and production of records relating to petroleum-related works or activities; and

(o) prescribing, in relation to petroleum-related works or activities, anything that is required to be prescribed for the purpose of this Part.

124. Subsection 147(1) of the Act is repealed and the following substituted:

Guidelines and interpretation notes

147. (1) The regulator may issue and publish, in any manner that the regulator considers appropriate, guidelines and interpretation notes with respect to the application and administration of sections 45, 134 and 135 and subsection 158(1.1) and any regulations respecting petroleum-related works or activities made under section 29.1 and 145.

125. Subsection 149(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

126. Subsection 151(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

127. Subsection 156(7) of the Act is amended by deleting the word "board" and substituting the word "regulator".

128. (1) Subparagraph 157(1)(a)(ii) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(2) Subsection 157(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

129. (1) Subsection 157.1(1) of the Act is amended by deleting the words "if the board" and substituting the words "where the regulator".

(2) Subsection 157.1(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(3) Subsection 157.1(3) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(4) Subsection 157.1(5) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(5) Subsection 157.1(6) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

130. (1) Subsection 158(1) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(2) Subsection 158(1.4) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(3) Subsection 158(1.5) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(4) Subsection 158(2) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(5) Subsection 158(3) of the Act is amended by deleting the word "board" and substituting the word "regulator".

131. Subsection 158.1(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

132. Subsection 159.1(3) of the Act is amended by deleting the word "board" and substituting the word "regulator".

133. (1) Subsection 159.2(1) of the Act is repealed and the following substituted:

Powers, duties and functions of regulator

159.2 (1) The regulator may, under an agreement with the minister responsible for the Management of Greenhouse Gas Act or in accordance with the Management of Greenhouse Gas Act, exercise any power or perform any duty or function set out in that agreement or that Act to ensure the administration and enforcement of that Act within the offshore area.

(2) Subsection 159.2(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

134. Section 160 of the Act is amended by deleting the word "board" and substituting the word "regulator".

135. (1) Subsection 161(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(2) Subsection 161(1.1) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(3) Subsection 161(2) of the Act is amended by

(a) deleting the word "board" and substituting the word "regulator"; and

(b) deleting the reference "Public Inquiries Act" and substituting the reference "Public Inquiries Act, 2006".

(4) Subsection 161(3) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(5) Subsection 161(4) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(6) Subsection 161(5) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

136. Part III of the Act is amended by repealing the heading "DIVISION II PRODUCTION ARRANGEMENTS" and substituting the following:

DIVISION II
PETROLEUM PRODUCTION ARRANGEMENTS

137. (1) Section 162 of the Act is amended by adding immediately before paragraph (a) the following:

(a.01) "appropriate authority" means

(i) before the determination of whether a transboundary pool exists is made and, where applicable, its boundaries have been delineated, the authority that is responsible for the jurisdiction

(A) adjoining the portion of the perimeter where the drilling took place or where a pool exists, and

(B) into which there is reason to believe that, based on the data obtained from any drilling, the pool extends, and

(ii) after the determination of whether a transboundary pool exists is made, the authority that is responsible for the jurisdiction into which the pool extends;

(a.02) "authority" means the Government of Canada, a government of a province, a foreign government or any of their agencies or a federal-provincial regulatory agency that has administrative responsibility for the exploration and exploitation of petroleum in the area adjoining the perimeter;

(a.03) "expert" means a person appointed under subsection 179.16(2) and includes an expert panel appointed under subsection 179.16(3) and (4) or a person or arbitral tribunal appointed in accordance with an applicable treaty referred to under subsection 179.16(11);

(a.04) "perimeter", in relation to a pool, means the portion of the offshore area that is within 10 nautical miles of the limit of that offshore area;

(2) Section 162 of the Act is amended by adding immediately after paragraph (h) the following:

(h.1) "transboundary" means extending beyond the regulator’s jurisdiction under this Act;

(3) Paragraph 162(o) of the Act is repealed and the following substituted:

(o) "unitization order" means an order made under section 172 or subsection 179.12(1);

138. (1) Subsection 163(1) of the Act is amended by deleting the number "1" and substituting the word "one".

(2) Subsection 163(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

139. (1) Subsection 164(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(2) Subsection 164(6) of the Act is amended by deleting the number "1/2" and substituting the word "half".

140. Subsection 168(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

141. Subsection 170(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

142. Paragraph 171(1)(b) of the Act is amended by deleting the number "1" and substituting the word "one".

143. (1) Subsection 172(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(2) Paragraph 172(2)(a) of the Act is amended by deleting the number "1" wherever it appears and substituting the word "one".

144. (1) Paragraph 173(2)(a) of the Act is amended by deleting the number "1" wherever it appears and substituting the word "one".

(2) Paragraph 173(2)(b) of the Act is amended by deleting the number "1" and substituting the word "one".

145. Subsection 175(2) of the Act is amended by deleting the number "1" wherever it appears and substituting the word "one".

146. The Act is amended by adding immediately after section 179 the following:

Transboundary pools – information

179.1 (1) Where an exploratory well, as defined in paragraph 115(1)(f), is drilled in the perimeter, the regulator shall provide the appropriate authority, in the prescribed time and manner, with the information in the regulator's possession, including any prescribed information pertinent to the regulator's determination of whether a transboundary pool exists and the delineation of it.

(2) The regulator shall provide the federal minister and the provincial minister with the information referred to in subsection (1) before providing it to the appropriate authority.

(3) After providing the information referred to in subsection (1) in the prescribed time, the regulator shall, on request, provide the appropriate authority with any additional information in the regulator's possession that is pertinent to the regulator's determination of the existence of a transboundary pool and the delineation of it.

Notice – pools

179.2 (1) Where the data obtained from drilling in the perimeter provides sufficient information for the regulator to determine whether a pool exists, the regulator shall notify the appropriate authority as soon as possible of the regulator's determination.

(2) Where the regulator determines that a pool exists, the regulator shall also specify in the notice provided under subsection (1) whether or not there is, in the regulator's opinion, reason to believe that the pool is transboundary.

(3) The regulator shall, before notifying the appropriate authority under subsection (1), provide the federal minister and the provincial minister with the reasons for the regulator's determination and opinion, if any.

(4) The regulator shall provide the notice required under subsection (1) no later than one year after the regulator receives the data from 3 drillings of the same geological feature in the perimeter.

Information received by regulator

179.3 (1) Where the regulator receives a notice from an authority indicating the authority’s determination as to whether a pool exists in an area adjoining the perimeter, and, where applicable, whether there is reason to believe the pool extends into the perimeter, the regulator shall, within 90 days after receiving the notice, inform the authority of the regulator's agreement or disagreement with the determination or opinion set out in the notice.

(2) Where the regulator disagrees with the content of the notice provided by an authority, the regulator shall provide the authority with the reasons for its disagreement.

(3) The regulator shall, before informing the authority of the regulator's agreement or disagreement with the content of the notice, inform the federal minister and the provincial minister of the regulator's determination, and where the regulator disagrees with the content of the notice, the reasons for that disagreement.

Determination and delineation

179.4 (1) Where, after receiving a notice under section 179.2 or 179.3, the regulator and the authority in question agree that a pool exists, the regulator and that authority shall jointly determine whether the pool is transboundary.

(2) Where the regulator and the authority in question determine that a pool is transboundary under subsection (1), the regulator and that authority shall jointly delineate the pool's boundaries.

(3) The authority or the regulator, or, in respect of a transboundary pool extending into the jurisdiction of a foreign government, the federal minister after consultations with the Minister of Foreign Affairs of Canada and the provincial minister, may, where the authority and the regulator disagree about whether a pool exists, whether the pool is transboundary, or the pool’s delineation, refer the matter to an expert, no later than 180 days after the day on which the regulator issues a notice under subsection 179.2(1) or the authority issues an equivalent notice.

(4) The regulator shall, with respect to subsection (3), inform the federal minister and the provincial minister that

(a) the regulator intends to refer a matter referenced in subsection (3) to an expert; or

(b) the authority has referred a matter referenced in subsection (3) to an expert.

(5) The federal minister shall, with respect to subsection (3) and a transboundary pool extending into the jurisdiction of a foreign government, inform the provincial minister that the foreign government has referred the matter to an expert.

Single pool

179.5 (1) A transboundary pool shall be exploited as a single pool.

(2) The exploitation of a transboundary pool is subject to

(a) a joint exploitation agreement having been entered into; and

(b) a unit operating agreement having been entered into and approved under subsection 179.8(4) or 179.12(4).

(3) A joint exploitation agreement prevails over a unit agreement and unit operating agreement to the extent of any inconsistency between those agreements.

Joint exploitation agreement

179.6 (1) Subject to subsection (2), the regulator and the appropriate authority may enter into a joint exploitation agreement providing for the exploitation of a transboundary pool as a single pool.

(2) A joint exploitation agreement referred to in subsection (1) shall include the matters prescribed in the regulations.

(3) In the case of a transboundary pool extending into the jurisdiction of a foreign government, the regulator shall provide advice in respect of the exploitation of that transboundary pool to the federal minister and the provincial minister, who may enter into a joint exploitation agreement with the appropriate authority.

Intention to start production

179.7 (1) Where an interest owner, as defined in paragraph 47(1)(k), advises the regulator, including by way of an application under subsection 80(1) or paragraph 134(1)(b), that the interest holder intends to start production of petroleum from a transboundary pool, the regulator shall notify the appropriate authority as soon as possible of the interest owner’s intention.

(2) The regulator shall, before notifying the appropriate authority of the interest owner’s intention to start production of petroleum from the transboundary pool, notify the federal minister and the provincial minister of that intention.

(3) The appropriate authority or the regulator, or in respect of a transboundary pool extending into the jurisdiction of a foreign government, the federal minister after consultation with the Minister of Foreign Affairs of Canada and the provincial minister, may, where a joint exploitation agreement has not been entered into under section 179.6, within 180 days after the regulator’s notice was given under subsection (1), refer the matter of determining the particulars of the exploitation agreement to an expert.

(4) Notwithstanding subsection (3), the appropriate authority and the regulator, or in respect of a transboundary pool extending into the jurisdiction of a foreign government, the federal minister after consultation with the Minister of Foreign Affairs of Canada and the provincial minister, may agree to refer the matter to an expert any time before the time period referred to in subsection (3) ends.

Unit agreement and unit operating agreement

179.8 (1) The royalty owners and the working interest owners in a transboundary pool may enter into a unit agreement and, once approved in accordance with subsection (4), shall operate their interests in accordance with the unit agreement or an amendment to it.

(2) The working interest owners in a transboundary pool may enter into a unit operating agreement and, once approved in accordance with subsection (4), shall operate their interests in accordance with the unit operating agreement or an amendment to it.

(3) The unit agreement referred to in subsection (1) shall include the information prescribed in paragraphs 171(2)(a) to (d) and the unit operating agreement referred to in subsection (2) shall include the information prescribed in paragraphs 171(3)(a) to (e).

(4) The regulator and the appropriate authority may approve

(a) a unit agreement where all the royalty owners and all the working interest owners in the transboundary pool are parties to the unit agreement; and

(b) a unit operating agreement where all the working interest owners in the transboundary pool are parties to the unit operating agreement.

(5) An authorization under paragraph 134(1)(b) for a work or activity proposed to be carried on in relation to the exploitation of a transboundary pool shall not be issued where the unit agreement and the unit operating agreement have not been jointly approved by the regulator and the appropriate authority.

(6) Subsections 168(2) and (3) apply to a unit agreement.

Order to enter into agreements

179.9 Where a joint exploitation agreement is entered into in respect of a transboundary pool, the regulator shall order the working interest owners in the portion of the pool that is in the regulator's jurisdiction to enter into a unit agreement and a unit operating agreement with any other working interest owners in the pool where they have not already done so.

Application for unitization order – transboundary pool

179.10 (1) One or more working interest owners who are parties to a unit agreement and a unit operating agreement and own 65% or more of the working interests in a transboundary pool may apply for a unitization order with respect to those agreements.

(2) An application under subsection (1)

(a) shall be submitted to both the regulator and the appropriate authority;

(b) shall include the documents and statements referred to in subsection 171(1); and

(3) The regulator and the appropriate authority shall, for the purpose of section 179.11, appoint an expert in accordance with subsections 179.16(2) to (6).

(4) In respect of a transboundary pool extending into the jurisdiction of a foreign government, the federal minister shall, after consultation with the provincial minister, agree with the appropriate authority on the appointment of an expert in accordance with subsection 179.16(11).

Hearing

179.11 (1) Once seized of an application under section 179.10, the expert shall hold a hearing at which all interested persons shall be given an opportunity to be heard.

(2) On the conclusion of a hearing, the expert shall request that the regulator and appropriate authority

(a) order that the unit agreement be a valid contract enuring to the benefit of all the royalty owners and working interest owners who have an interest in the unit area and binding on and enforceable against those owners;

(b) that the unit operating agreement be a valid contract enuring to the benefit of all the working interest owners who have an interest in the unit area and binding on and enforceable against those owners; and

(c) include in the order any variations to the unit agreement or unit operating agreement determined necessary by the expert to allow for the more efficient or more economical production of petroleum from the unitized zone.

(3) Notwithstanding subsection (2), the expert shall end the hearing and request that the regulator and the appropriate authority take the measures referred to in paragraphs (2)(a) and (b) where the expert finds that

(a) on the day the hearing begins,

(i) the unit agreement and the unit operating agreement have been executed by one or more working interest owners who own 65% or more of the working interests in the unit area, and

(ii) the unit agreement has been executed by one or more royalty owners who own 65% or more of the royalty interests in the unit area; and

(b) the unitization order applied for would allow for the more efficient or more economical production of petroleum from the unitized zone.

(4) In respect of a transboundary pool extending into the jurisdiction of a foreign government, the interested persons referred to in subsection (1) are representatives of each country in question and, on the conclusion of the hearing, the expert shall request that the interested persons ensure the regulator and the appropriate authority take the measures referred to in subsection (2) or (3).

Unitization order

179.12 (1) The regulator shall issue a unitization order in accordance with the expert’s request made under subsections 179.11(2) to (4).

(2) The unit agreement and the unit operating agreement have the effect given to them by the unitization order.

(3) A unitization order issued under subsection (1) becomes effective only where the appropriate authority has issued an equivalent order.

(4) The issuance of a unitization order by the regulator and of an equivalent order by an appropriate authority shall, for the purpose of subsection 179.8(4), be considered to be the regulator's and appropriate authority's joint approval of the unit agreement and the unit operating agreement.

(5) Subject to subsections (3) and (6), a unitization order becomes effective on the date established in the order, but that date shall not be less than 30 days after the day on which the order is made.

(6) The regulator shall immediately revoke a unitization order varying a unit agreement or a unit operating agreement where, before the effective date of that order, the party who applied for a unitization order under subsection 179.10(1) files a notice with the regulator withdrawing the application on behalf of the working interest owners or there are statements filed with the regulator objecting to the order signed by

(a) in the case of the unit agreement, by

(i) one or more working interest owners who own in total more than 25% of the working interests in the unit area and are part of the group that owns 65% or more of the working interests as described in subparagraph 179.11(3)(a)(i), and

(ii) one or more royalty owners who own in total more than 25% of the working interest in the unit area and are part of the group that owns 65% or more of the royalty interests as described in subparagraph 179.11(3)(a)(ii); or

(b) in the case of the unit operating agreement, by one or more working interest owners who own in total more than 25% of the working interests in the unit area and are part of the group that owns 65% or more of the working interests as described in subparagraph 179.11(3)(a)(i).

(7) A unitization order is not invalid by reason only of the absence of notice or of irregularities in giving notice to an owner in respect of the application for the order or the proceedings leading to the making of the order.

(8) After the date on which a unitization order comes into effect and while the order remains in force, a person shall not carry on operations within the unit area for the purpose of drilling for or producing petroleum from the unitized zone, except in accordance with the provisions of the unit agreement and the unit operating agreement.

(9) A unitization order is not subordinate legislation for the purposes of the Statutes and Subordinate Legislation Act.

Amending unitization order

179.13 (1) A unitization order may be amended on the application of a working interest owner submitted to both the regulator and the appropriate authority.

(2) The regulator and the appropriate authority shall, for the purposes of this section, appoint an expert in accordance with subsections 179.16(2) to (6).

(3) In respect of a transboundary pool extending into the jurisdiction of a foreign government, the federal minister, after consultation with the provincial minister, shall agree with the appropriate authority on the appointment of an expert in accordance with subsection 179.16(11).

(4) Once seized of an application, the expert shall hold a hearing at which all the interested persons shall be given an opportunity to be heard.

(5) On the conclusion of the hearing, the expert may request that the regulator amend the unitization order in accordance with the proposed amendment and include in the order any variations to the order determined necessary by the expert to allow for the more efficient or more economical production of petroleum from the unitized zone.

(6) Where the expert makes a request to the regulator under subsection (5), the expert shall also request that the appropriate authority take the appropriate steps to amend its equivalent order in the same manner.

(7) Where the expert finds that, on the day on which a hearing begins, one or more working interest owners who own 65% or more of the working interests and one or more royalty owners who own 65% or more of the royalty interests in the unit area have consented to the proposed amendment, the expert may end the hearing and request that the regulator amend the unitization order in accordance with the proposed amendment.

(8) Where the expert makes a request to the regulator under subsection (7), the expert shall also request that the appropriate authority take the appropriate steps to amend its equivalent order in the same manner.

(9) In respect of a transboundary pool extending into the jurisdiction of a foreign government, the interested persons referred to in subsection (4) are representatives of each country in question and, on the conclusion of the hearing, the expert shall request that the interested persons take the measures that are necessary for the regulator and the appropriate authority to implement the expert's determinations referred to in subsections (5) to (8).

Protection of tract participation ratios

179.14 An amendment shall not be made under section 179.13 that will alter the ratios between the tract participations of those tracts that were qualified for inclusion in the unit area before the commencement of the hearing, and, for the purposes of this section, the tract participations shall be those indicated in the unit agreement when the unit area became subject to a unitization order.

Determination – percentages of interests

179.15 The percentages of interests referred to in subsections 179.10(1), 179.11(3), 179.12(6) and 179.13(7) shall be determined in accordance with section 178.

Referral to expert

179.16 (1) A party that intends to refer a matter to an expert under subsections 45(9), 135(10), 179.4(3) and 179.7(3) shall notify the other party to the matter of that intention.

(2) Within 30 days after notice is given under subsection (1), or of the application made under subsection 179.10(1) or 179.13(1), the parties shall agree on the appointment of an expert who shall be seized of the matter.

(3) Where the parties do not agree on the appointment of a single expert, the parties shall, within 30 days after the day on which the period to jointly appoint an expert under subsection (2) ends, each appoint one member to an expert panel and those experts shall, in turn, jointly appoint an additional expert as chairperson.

(4) Where the members of the expert panel fail to agree on the appointment of a chairperson under subsection (3) within a period of 30 days after the day of the last appointment, the chairperson shall be appointed by the Chief Justice of the Federal Court within 30 days after the end of that period.

(5) Once a chairperson is appointed under subsection (3) or (4), the expert panel shall be seized of the matter.

(6) An expert shall be impartial and independent and have knowledge or experience relative to the subject of disagreement between the parties.

(7) In the case of an expert panel, decisions shall be made on the basis of a majority vote of the members and, in the case of a tie, the chairperson’s vote shall be the deciding vote.

(8) The decision of the expert shall be made no later than 270 days after the day on which the expert was seized of the matter.

(9) Subject to judicial review, a decision made by an expert is final and binding on all parties specified in the decision from the date specified in it.

(10) An expert shall cause records to be kept of a hearing and proceeding and shall deposit the records with the regulator when the expert's activities to which the records relate have ceased.

(11) In the case of a transboundary pool extending into the jurisdiction of a foreign government, the appointment of an expert and a decision of the expert shall be made in accordance with the applicable international treaty respecting the exploration and exploitation of transboundary pools, as amended.

(12) In the circumstances described in subsection (11), the government of Canada and the foreign government shall share equally both the expert’s fees and costs and the costs of the expert’s proceedings.

(13) With respect to the portion of costs and fees to be paid by the government of Canada, the governments of Canada and of the province shall share

(a) the expert’s fees and costs equally; and

(b) unless otherwise agreed, the costs of the proceedings equally.

(14) An expert has the powers necessary to carry out the expert's functions under this Act.

DIVISION II.1
REGULATION OF OPERATIONS – OFFSHORE RENEWABLE ENERGY

Definitions

179.17 (1) In sections 179.18 to 179.20 and 179.23, "debris" means

(a) a facility or structure that was put in place in the course of a work or activity required to be authorized under subsection 134.01(1), other than a site assessment activity, and that has been abandoned without an authorization that may be required by or under this Part, or that has been abandoned in a way that did not comply with such an authorization; or

(b) material that has broken away or been jettisoned or displaced in the course of that work or activity or from an abandoned facility.

(2) In section 179.19, "actual loss or damage" includes loss of income, including future income, and, with respect to any Indigenous peoples of Canada, loss of hunting, fishing and gathering opportunities but does not include loss of income recoverable under subsection 42(3) of the Fisheries Act (Canada).

Debris prohibited

179.18 (1) A person shall not cause or permit debris to be left in a portion of the offshore area.

(2) Where there is debris in a portion of the offshore area, a person carrying on a work or activity required to be authorized under subsection 134.01(1) in the area in which the debris is left shall, in the manner prescribed, report the debris to the chief conservation officer.

(3) A person required to report debris under subsection (2) shall, as soon as possible, take all reasonable measures consistent with safety and the protection of health and the environment to prevent further debris from accumulating, to repair or remedy a condition resulting from the debris and to reduce or mitigate damage or danger that results or may reasonably be expected to result from the debris.

(4) The chief conservation officer may take the action that is necessary, or direct that it be taken by a person, where the chief conservation officer is satisfied on reasonable grounds that

(a) there is debris in a portion of the offshore area and immediate action is necessary in order to effect any reasonable measures referred to in subsection (3); and

(b) the action is not being taken or will not be taken under subsection (3).

(5) For the purposes of subsection (4), the chief conservation officer may authorize and direct those persons whose services are necessary to enter the area where the debris has been left and take over the management and control of the work or activity being carried on in that area.

(6) A person authorized and directed to take over the management and control of a work or activity under subsection (5) shall manage and control that work or activity and take all reasonable measures referred to in subsection (3) in relation to the debris.

(7) Costs incurred under subsection (6) shall be borne by the person who obtained an authorization under subsection 134.01(1) in respect of the work or activity from which the debris originated and, until paid, constitute a debt recoverable by action in a court of competent jurisdiction as a debt due to the regulator.

(8) Where a person, other than a person referred to in subsection (7), takes a measure or an action under subsection (3) or (4), the person may recover from the Crown in right of the province the costs and expenses reasonably incurred by that person in taking the measure or action.

(9) A person required, directed or authorized to act under this section shall not be personally liable either civilly or criminally in respect of an act or omission in the course of complying with this section unless it is shown that the person did not act reasonably in the circumstances.

Recovery of loss, damage, costs or expense

179.19 (1) Where, as a result of debris or as a result of an action or measure taken in relation to debris, there is a loss of non-use value relating to a public resource or a person incurs actual loss or damage or if the Crown in right of Canada or the province reasonably incurs costs or expenses in taking an action or measure in relation to debris,

(a) all persons to whose fault or negligence the debris is attributable or who are by law responsible for others to whose fault or negligence the debris is attributable are jointly and severally liable, to the extent determined according to the degree of the fault or negligence proved against them, for that loss, actual loss or damage, and for those costs and expenses;

(b) the person who is required to obtain an authorization under subsection 134.01(1) in respect of the work or activity from which the debris originated is liable, without proof of fault or negligence, up to the applicable limit of liability established under this section, for that loss, actual loss or damage, and for those costs and expenses; and

(c) the person who carried out a work or activity for which an authorization under subsection 134.01(1) was required in a facility that is now an abandoned facility from which the debris originated is liable, without proof of fault or negligence, up to the applicable limit of liability established under this section, for that loss, actual loss or damage, and for those costs and expenses.

(2) A person who is required to obtain an authorization under subsection 134.01(1) and who retains, to carry on a work or activity in respect of which the authorization is required, the services of a contractor to whom paragraph (1)(a) applies is jointly and severally liable with that contractor for any actual loss or damage, costs and expenses and loss of non-use value described in subsection (1).

(3) For the purposes of paragraphs (1)(b) and (c), the limit of liability is $1 billion.

(4) Notwithstanding subsection (3), the federal minister may, by order, on the regulator’s recommendation and with the provincial minister’s approval, establish a limit of liability that is lower than the limit referred to in that subsection in respect of persons carrying out a work or activity relating to offshore renewable energy projects that is specified in the order or of persons who carried out that work or activity in a facility that is now an abandoned facility.

(5) Notwithstanding subsections (3) and (4), the regulator may, in the absence of regulations, establish a lower limit of liability for the purposes of paragraph (1)(c).

(6) Subject to section 7, the Lieutenant-Governor in Council may, by regulation,

(a) establish a limit of liability that is higher than the limit referred to in subsection (3);

(b) establish a limit of liability that is lower than the limit referred to in subsection (3) for the purposes of paragraph (1)(c); and

(c) limit the amount of time during which a person referred to in paragraph (1)(c) may be held liable under that paragraph.

(7) Where a person is liable under paragraph (1)(b) or (c) with respect to an occurrence and the person is also liable under any other Act, without proof of fault or negligence, for the same occurrence, the person is liable up to the greater of the applicable limit of liability that is set out in subsection (3) and the limit up to which the person is liable under the other Act and where the other Act does not set out a limit of liability, the limit set out in subsection (3) does not apply.

(8) The costs and expenses that are recoverable by the Crown in right of Canada or the province under this section are not recoverable under subsection 42(1) of the Fisheries Act (Canada).

(9) Only the Crown in right of Canada or the province may bring an action to recover a loss of non-use value described in subsection (1).

(10) All claims under this section may be sued for and recovered in any court of competent jurisdiction in Canada.

(11) Claims in favour of persons incurring actual loss or damage described in subsection (1) are to be distributed pro rata and rank in priority over claims for costs and expenses described in subsection (1), which rank in priority over claims to recover a loss for non-use value described in subsection (1).

(12) Subject to subsections (8) and (9), nothing in this section suspends or limits

(a) a legal liability or remedy for an act or omission by reason only that the act or omission is an offence under this Division or gives rise to liability under this section;

(b) a recourse, indemnity or relief available at law to a person who is liable under this section against any other person; or

(13) Proceedings in respect of claims under this section may be instituted within 3 years after the day on which the loss, damage, costs or expenses occurred but in no case after 6 years from the day on which the facility, equipment or system in question was abandoned or the material in question broke away or was jettisoned or displaced.

Financial resources

179.20 (1) An applicant for an authorization under subsection 134.01(1) shall provide proof that the applicant has the financial resources necessary to pay an amount that is determined by the regulator and the proof shall be in the form and manner that are prescribed or, in the absence of regulations, specified by the regulator.

(2) When determining the amount of financial resources required under subsection (1), the regulator is not required to consider any potential loss of non-use value relating to a public resource that is affected as a result of debris.

(3) The holder of the authorization shall ensure that the proof referred to in subsection (1) remains in force for the duration of the work or activity in respect of which the authorization is issued.

Proof of financial responsibility

179.21 (1) An applicant for an authorization under subsection 134.01(1) shall provide proof of financial responsibility in an amount that is determined by the regulator and the proof shall be in the form of a letter of credit, guarantee or indemnity bond or in any other form satisfactory to the regulator.

(2) The holder of the authorization shall ensure that the proof of financial responsibility referred to in subsection (1) remains in force for the duration of the work or activity in respect of which the authorization is issued.

(3) The regulator may require that moneys in an amount not exceeding the amount prescribed for a case or class of cases, or determined by the regulator in the absence of regulations, be paid out of the funds available under the letter of credit, guarantee or indemnity bond or other proof provided under subsection (1) in respect of a claim for which proceedings may be instituted under section 179.19, whether or not those proceedings have been instituted.

(4) A payment required under subsection (3) shall be made in the manner, subject to the conditions and procedures and to or for the benefit of the persons or classes of persons that may be prescribed for a case or class of cases, or that may be required by the regulator in the absence of regulations.

(5) Where a claim is sued for under section 179.19, there shall be deducted from an award made as a result of the action on that claim an amount received by the claimant under this section in respect of the loss, damage, costs or expenses claimed.

Review committee

179.22 (1) A committee, consisting of members appointed by each government and by representatives of the offshore renewable energy industry and of the fisheries industry, is established by the joint operation of this Act and the federal Act to review and monitor the application of sections 179.19 and 179.21 and any claims and the payment of claims made under those sections.

(2) The committee may be dissolved only by the joint operation of an Act of Parliament of Canada and an Act of the Legislature.

(3) The regulator shall promote and monitor compensation policies for fishers sponsored by the fishing industry respecting damages of a non-attributable nature.

Inquiries

179.23 (1) Where debris or an accident or incident related to a work or activity to which this Division applies occurs or is found in a portion of the offshore area and results in death or injury or danger to public safety or the environment, the regulator may direct an inquiry to be made and may authorize a person it deems qualified to conduct the inquiry.

(2) Where debris or an accident or incident related to a work or activity to which this Division applies occurs or is found in a portion of the offshore area and is serious, as defined by regulation in accordance with paragraph 179.25(1)(a), the regulator shall direct that an inquiry referred to in subsection (1) be made and shall ensure that the person who conducts the inquiry is not employed by the regulator.

(3) For the purposes of an inquiry under subsection (1), a person authorized by the regulator under that subsection has and may exercise all the powers of a person appointed as a commissioner under the Public Inquiries Act, 2006.

(4) As soon as possible after the conclusion of an inquiry under subsection (1), the person or persons authorized to conduct the inquiry shall submit a report to the regulator, together with the evidence and other material that was before the inquiry.

(5) The regulator shall publish the report referred to in subsection (4) within 30 days after the regulator receives it.

(6) The regulator may supply copies of a report published under subsection (5) in the manner and on the terms that the regulator considers appropriate.

Reasonable care

179.24 The holder of an authorization issued under subsection 134.01(1) shall take all reasonable care to ensure the safety of persons and facilities and the protection of property and the environment.

Regulations

179.25 (1) Subject to section 7, the Lieutenant-Governor in Council may, for the purposes of safety, the protection of the environment and accountability, make regulations

(a) defining, in relation to offshore renewable energy projects, "facility" and "equipment" for the purposes of section 135.1 and "serious" for the purpose of section 179.23;

(b) respecting works and activities related to offshore renewable energy projects;

(c) authorizing the regulator, or any person, to make those orders that are specified in the regulations and to exercise those powers and perform those duties that are necessary for the design, construction, operation or abandonment of an offshore renewable energy project within the offshore area;

(d) respecting arbitrations relating to offshore renewable energy projects for the purposes of subsection 134.12(4), including the costs of or incurred in relation to such arbitrations;

(e) respecting the approvals to be granted as terms and conditions of authorizations issued under subsection 134.01(1);

(f) prohibiting, in relation to offshore renewable energy projects, the introduction into the environment of substances, classes of substances and forms of energy, in prescribed circumstances;

(g) respecting the creation, conservation and production of records relating to offshore renewable energy projects; and

(h) prescribing, in relation to offshore renewable energy projects, anything that is required to be prescribed for the purposes of this Part.

(2) Unless otherwise provided in this Part, regulations made under subsection (1) may incorporate by reference any document, regardless of its source, either as of a fixed date or as it is amended.

Equivalent standards and exemptions

179.26 (1) Subject to subsection (2), the chief safety officer and chief conservation officer may

(a) authorize the use of equipment, methods, measures or standards instead of any required by a regulation made under section 179.25 where those officers are satisfied that the use of that other equipment or those other methods, measures or standards would provide a level of safety and protection of the environment equivalent to that provided by compliance with the regulations; or

(b) grant an exemption from a requirement imposed by a regulation made under section 179.25 in respect of equipment, methods, measures or standards where those officers are satisfied with the level of safety and protection of the environment that will be achieved without compliance with that requirement.

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

(3) A person does not contravene the regulations where that person acts in compliance with an authorization or exemption under subsection (1) or (2).

Guidelines and interpretation notes

179.27 (1) The regulator may issue and publish, in the manner the regulator considers appropriate, guidelines and interpretation notes with respect to the application and administration of section 134.01, any regulations respecting offshore renewable energy projects made under sections 29.1 and 179.25 and any regulations made under section 179.29 and subsection 179.30(3).

(2) Guidelines and interpretation notes issued under subsection (1) are not subordinate legislation for the purposes of the Statutes and Subordinate Legislation Act.

DIVISION II.2
SAFETY AND PROTECTION OF PERSONS, PROPERTY AND THE ENVIRONMENT

Orders

179.28 (1) The regulator may, by order, direct any of the following persons or bodies to take measures in respect of an abandoned facility that the regulator considers necessary for the safety of persons or the abandoned facility or for the protection of property or the environment:

(a) the holder of an authorization under paragraph 134(1)(b) or subsection 134.01(1) or any other person;

(b) the federal government or a federal Crown corporation; and

(2) Where a person or body does not comply with an order under subsection (1), the regulator may

(a) take any action or measure the regulator considers necessary;

(b) authorize an officer or employee, or class of officers or employees, of the regulator to take the action or measure; or

(3) Orders made under subsection (1) are not subordinate legislation for the purposes of the Statutes and Subordinate Legislation Act.

Regulations

179.29 Subject to section 7, the Lieutenant-Governor in Council may make regulations respecting abandoned facilities, including with respect to liability and to the proof of financial responsibility or financial resources to be provided by an applicant or holder of an authorization under subsection 134.01(1).

Abandoned facilities

179.30 (1) A person shall not make contact with, alter or remove an abandoned facility unless that person is authorized to do so in an order made under subsection (2) or by regulations.

(2) The chief safety officer may make an order, subject to the conditions that the chief safety officer considers appropriate, authorizing a person to make contact with, alter or remove an abandoned facility.

(3) Subject to section 7, the Lieutenant-Governor in Council may make regulations respecting the circumstances in which or conditions under which an order under subsection (2) is not necessary.

147. (1) Subsection 181(1) of the Act is amended by

(a) deleting the word "board" and substituting the word "regulator"; and

(b) deleting the words "Trial Division" and substituting the words "Supreme Court".

(2) Subsection 181(2) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

148. Section 182 of the Act is repealed and the following substituted:

Regulator may review orders of committee

182. The regulator may, in its discretion, either on petition of an interested person, or of its own motion, vary or rescind a decision or order of the committee made under this Part, whether the order is made between parties or otherwise and an order that the regulator makes becomes a decision or order of the committee and, subject to section 183, is binding on the committee and on all parties.

149. Subsection 183(1) of the Act is amended by

(a) deleting the words "Trial Division" and substituting the words "Supreme Court"; and

(b) deleting the number "1" and substituting the word "one".

(2) Subsection 183(4) of the Act is amended by deleting the word "board" and substituting the word "regulator".

150. (1) Subsection 184(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(2) Subsection 184(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(3) Subsection 184(3) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(4) Subsection 184(4) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(5) Subsection 184(6) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(6) Subsection 184(7) of the Act is amended by deleting the word "board" and substituting the word "regulator".

151. (1) Paragraph 185(1)(e) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the person's".

(2) Paragraph 185(1)(f) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

(3) Paragraph 185(1)(g) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

(4) Paragraph 185(1)(h) of the Act is amended by deleting the words "he or she" and substituting the words "the officer".

152. Section 186 of the Act is amended by deleting the word "board" and substituting the word "regulator".

153. Section 188 of the Act is amended by deleting the words "his or her" and substituting the words "the officer's".

154. (1) Subsection 189(1) of the Act is repealed and the following substituted:

Powers of operational safety officer

189. (1) Where an operational safety officer or the chief safety officer, on reasonable grounds, is of the opinion that continuation of an operation in relation to the exploration or drilling for or the production, conservation, processing or transportation of petroleum, or in relation to an offshore renewable energy project, in a portion of the offshore area is likely to result in serious bodily injury, the operational safety officer or chief safety officer, as the case may be, may order that the operation cease or be continued only in accordance with the terms of the order.

(2) Subsection 189(4) of the Act is amended by deleting the words "he or she" and substituting the words "the operational safety officer".

(3) Subsection 189(6) of the Act is amended by deleting the reference "Public Inquiries Act" and substituting the reference "Public Inquiries Act, 2006".

155. Part III of the Act is amended by repealing the heading "INSTALLATION MANAGER" and substituting the following:

INSTALLATION OR FACILITY MANAGER

156. The Act is amended by adding immediately after section 189.2 the following:

Facility manager

189.3 (1) Every holder of an authorization under subsection 134.01(1) in respect of a work or activity for which a prescribed facility is to be used shall put in command of the facility a manager who meets the prescribed qualifications, and the facility manager shall be responsible for the safety of the facility and the persons at it.

(2) Subject to this Act and any other Act of the Legislature, a facility manager has the power to do those things that is required to ensure the safety of the facility and the persons at it and, more particularly, may

(a) give orders to a person who is at the facility;

(b) order that a person who is at the facility be restrained or removed; and

(3) In a prescribed emergency situation, a facility manager’s powers are extended so that they also apply to each person in charge of a vessel, vehicle or aircraft that is at the facility or that is leaving or approaching it.

157. (1) Paragraph 190(1)(e) of the Act is repealed and the following substituted:

(e) undertakes or carries on a work or activity without an authorization under paragraph 134(1)(b) or without complying with the approvals or requirements determined by the regulator in accordance with the provisions of this Part or granted or prescribed by regulations made under this Part, of an authorization issued under that paragraph;

(2) Subsection 190(1) of the Act is amended by adding immediately after paragraph (e) the following:

(e.1) undertakes or carries on a work or activity without an authorization under subsection 134.01(1) or without complying with the terms and conditions of the authorization that were determined by the regulator in accordance with the provisions of this Part or granted or prescribed under this Part; or

(3) Paragraph 190(1)(f) of the Act is repealed and the following substituted:

(f) fails to comply with a direction, requirement or order of an operational safety officer, the chief safety officer, a conservation officer or the chief conservation officer or with an order of an installation manager, a facility manager or the committee.

(4) Paragraph 190(4)(g) of the Act is amended by deleting the words "his, her or its" wherever they appear and substituting the words "the offender's".

(5) Subsection 190(8) of the Act is amended by deleting the words "he or she" and substituting the word "the person".

158. Section 190.6 of the Act is amended by deleting the words "him or her" and substituting the words "the person".

159. (1) Paragraph 192(1)(d) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(2) Paragraph 192(1)(e) of the Act is amended by

(a) deleting the words "his or her" and substituting the words "the offender's"; and

(b) deleting the word "board" and substituting the word "regulator".

(3) Paragraph 192(1)(f) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(4) Paragraph 192(1)(h) of the Act is repealed and the following substituted:

(h) directing the offender to pay to the regulator an amount of money that the court considers appropriate for the purpose of conducting research, education and training in matters related to the protection of the environment, conservation of petroleum resources or safety of petroleum operations or offshore renewable energy projects;

(5) Subsection 192(3) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(6) Subsection 192(4) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

160. Subsection 192.1(1) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

161. Section 192.3 of the Act is amended by

(a) deleting the words "Trial Division" and substituting the words "Supreme Court"; and

(b) deleting the words "him, her or it" and substituting the words "the person".

162. Section 193 of the Act is amended by deleting the number "1" wherever it appears and substituting the word "one".

163. Subsection 198(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

164. Section 198.3 of the Act is amended by deleting the word "board" and substituting the word "regulator".

165. (1) Paragraph 198.7(2)(d) of the Act is amended by deleting the words "his, her or its" and substituting the words "the person's".

(2) Paragraph 198.7(2)(f) of the Act is amended by

(a) deleting the words "he, she or it" wherever they appear and substituting the words "the person"; and

(b) deleting the words "his, her or its" and substituting the words "the person's".

166. Section 198.12 of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

167. Section 198.13 of the Act is amended by deleting the word "board" and substituting the word "regulator".

168. Section 198.14 of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

169. (1) Subsection 198.15(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(2) Subsection 198.15(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(3) Subsection 198.15(3) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(4) Subsection 198.15(4) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(5) Subsection 198.15(5) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

170. Subsection 198.19(1) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

171. (1) Subsection 198.20(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(2) Subsection 198.20(2) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

172. Section 198.22 of the Act is amended by deleting the word "board" and substituting the word "regulator".

173. Section 201 of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

174. (1) Paragraph 201.1(1)(a) of the Act is repealed and the following substituted:

(a) "authorization" means an authorization issued under paragraph 134(1)(b) or subsection 134.01(1);

(2) Paragraph 201.1(1)(e) of the Act is repealed and the following substituted:

(e) "declaration" means a declaration referred to in subsection 135.1(1) or (2);

(3) Paragraph 201.1(1)(l) of the Act is repealed and the following substituted:

(l) "marine installation or structure"

(i) includes

(A) a ship, including a ship used for construction, production or diving or for geotechnical or seismic work,

(B) an offshore drilling unit, including a mobile offshore drilling unit,

(C) a production platform, subsea installation, pipeline as defined in paragraph 131(e), pumping station or storage structure,

(D) a facility or structure used for producing, storing or transmitting an offshore renewable energy product, including an electrical substation,

(E) a living accommodation or loading or landing platform, and

(F) other work, or work within a class of works, prescribed under paragraph (5)(a),

(ii) but does not include

(A) a vessel, including a supply vessel, standby vessel, shuttle tanker or seismic chase vessel, that provides supply or support services to a ship, installation, structure, work or anything else described in clauses (i)(A) to (F), unless the vessel is within a class of vessels that is prescribed under paragraph (5)(b), or

(B) a ship or vessel within a class of ships or vessels prescribed under paragraph (5)(c);

(4) Paragraph 201.1(1)(p) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

(5) Paragraph 201.1(5)(a) of the Act is amended by deleting the reference "subparagraph (1)(l)(iv)" and substituting the reference "clause (1)(l)(i)(D)".

(6) Paragraph 201.1(5)(b) of the Act is amended by deleting the reference "subparagraph (1)(l)(v)" and substituting the reference "clause (1)(l)(ii)(A)".

(7) Paragraph 201.1(5)(c) of the Act is amended by deleting the reference "subparagraph (1)(l)(vi)" and substituting the reference "clause (1)(l)(ii)(B)".

175. Subsection 201.3(1) of the Act is repealed and the following substituted:

Application

201.3 (1) This Part applies to and in respect of a workplace that is situated within the offshore area for the purpose of the exploration or drilling for, or the production, conservation or processing of, petroleum, or for the purposes of offshore renewable energy projects, within the offshore area.

176. Subsection 201.4(1) of the Act is repealed and the following substituted:

Application of Newfoundland and Labrador social legislation

201.4 (1) Newfoundland and Labrador social legislation and regulations made under it apply to and in respect of a workplace that is situated within the offshore area for the purpose of the exploration or drilling for, or the production, conservation or processing of, petroleum, or for the purposes of offshore renewable energy projects, within the offshore area.

177. Paragraph 201.5(a) of the Act is repealed and the following substituted:

(a) a marine installation or structure that is situated within the offshore area in connection with the exploration or drilling for, or the production, conservation or processing of, petroleum, or in connection with offshore renewable energy projects, within the offshore area and that is in the offshore area for the purpose of becoming, or that is, permanently attached to, permanently anchored to or permanently resting on the seabed or subsoil of the submarine areas of the offshore area;

178. Paragraph 201.6(1)(a) of the Act is amended by deleting the word "board" and substituting the word "regulator".

179. (1) Section 201.10 of the Act is amended by renumbering it as subsection (1).

(2) Paragraph 201.10(1)(s) of the Act is amended by deleting the word "board" and substituting the word "regulator."

(3) Section 201.10 of the Act is amended by adding immediately after subsection (1) the following:

(2) Notwithstanding paragraph (1)(q), all or part of a workplace described in subparagraph (i) of the definition of workplace in paragraph 201.1(1)(aa) does not have to be inspected at least once a month where that workplace, or that part of the workplace, is normally unattended and is used for the purpose of carrying out an offshore renewable energy project.

180. Paragraph 201.14(5)(c) of the Act is amended by

(a) deleting the words "his or her" and substituting the words "the employee's"; and

(b) deleting the words "him or her" and substituting the words "the employee".

181. (1) Paragraph 201.16(1)(q) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(2) Section 201.16 of the Act is amended by adding immediately after subsection (1) the following:

(1.1) Notwithstanding paragraph (1)(p), all or part of a workplace described in subparagraph 201.1(aa)(i) does not have to be inspected at least once a month where that workplace, or that part of the workplace, is normally unattended and is used for the purpose of carrying out an offshore renewable energy project.

(3) Subsection 201.16(2) of the Act is amended by

(a) deleting the words "his or her" and substituting the words "the employee's"; and

(b) deleting the words "he or she" and substituting the words "the employee".

182. Section 201.21 of the Act is amended by deleting the words "he or she supervises" and substituting the words "the supervisor is responsible for supervising".

183. (1) Paragraph 201.22(a) of the Act is amended by deleting the words "her or she supervises" and substituting the words "the supervisor is responsible for supervising".

(2) Paragraph 201.22(b) of the Act is amended by deleting the words "his or her" and substituting the words "the supervisor's".

(3) Paragraph 201.22(c) of the Act is amended by deleting the words "his or her" and substituting the words "the supervisor's".

(4) Paragraph 201.22(d) of the Act is amended by deleting the words "his or her" and substituting the words "the supervisor's".

184. Section 201.23 of the Act is amended by deleting the words "his or her" and substituting the words "the employee's".

185. (1) Paragraph 201.24(e) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(2) Paragraph 201.24(f) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's".

(3) Paragraph 201.24(g) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's".

186. Paragraph 201.25(a) of the Act is amended by

(a) deleting the words "him or her" and substituting the words "the employee"; and

(b) deleting the words "his or her" and substituting the words "the employee's".

187. Section 201.31 of the Act is amended by deleting the words "he or she" and substituting the words "the person".

188. Paragraph 201.34(1)(b) of the Act is amended by deleting the word "board" and substituting the word "regulator".

189. Subsection 201.35(3) of the Act is amended by deleting the word "board" and substituting the word "regulator".

190. Subsection 201.40(6) of the Act is amended by

(a) deleting the words "him or her" and substituting the words "the person"; and

(b) deleting the words "his or her" and substituting the words "the person's".

191. Subsection 201.41(4) of the Act is amended by

(a) deleting the words "him or her" and substituting the words "the employee";

(b) deleting the words "his or her" and substituting the words "the employee's"; and

192. (1) Paragraph 201.42(2)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the coordinator's".

(2) Paragraph 201.42(2)(d) of the Act is amended by deleting the words "him or her" and substituting the words "the coordinator".

(3) Paragraph 201.42(4)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the coordinator's".

(4) Paragraph 201.42(4)(b) of the Act is amended by

(a) deleting the words "him or her" and substituting the words "the coordinator"; and

(b) deleting the words "his or her" and substituting the words "the coordinator's".

(5) Subsection 201.42(6) of the Act is amended by

(a) deleting the words "him or her" and substituting the words "the individual"; and

(b) deleting the words "his or her" and substituting the words "the individual's".

(6) Subsection 201.42(7) of the Act is amended by

(a) deleting the words "him or her" and substituting the words "the employee";

(b) deleting the words "his or her" and substituting the words "the employee's"; and

193. Subsection 201.45(6) of the Act is amended by deleting the words "he or she" and substituting the words "the employee".

194. (1) Subsection 201.46(1) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the employee's".

(2) Subsection 201.46(3) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the employee"; and

(b) deleting the words "his or her" and substituting the words "the employee's".

(3) Subsection 201.46(4) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the employee"; and

(b) deleting the words "his or her" and substituting the words "the employee's".

195. (1) Subsection 201.47(1) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the employee"; and

(b) deleting the words "himself or herself" and substituting the words "the employee".

(2) Subsection 201.47(3) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's".

(3) Subsection 201.47(4) of the Act is amended by deleting the words "he or she" wherever they appear and substituting "the supervisor".

(4) Subsection 201.47(5) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the employee"; and

(b) deleting the words "his or her" and substituting the words "the employee's".

(5) Subsection 201.47(8) of the Act is amended by deleting the words "his or her" and substituting the words "the officer's".

196. Subsection 201.48(2) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the employee"; and

(b) deleting the words "his or her" and substituting the words "the employee's".

197. (1) Subsection 201.49(2) of the Act is amended by

(a) deleting the words "him or her" wherever they appear and substituting the words "the employee"; and

(b) deleting the words "he or she" wherever they appear and substituting the words "the employee".

(2) Subsection 201.49(3) of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the employee".

(3) Subsection 201.49(4) of the Act is amended by deleting the words "he or she" and substituting the words "the employee".

(4) Subsection 201.49(5) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's".

198. Subsection 201.50(1) of the Act is amended by

(a) deleting the words "he or she" wherever they appear and substituting the words "the employee"; and

(b) deleting the words "his or her" and substituting the words "the employee's".

199. (1) Subsection 201.51(1) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the employee"; and

(b) deleting the words "him or her" and substituting the words "the employee".

(2) Subsection 201.51(4) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's".

(3) Subsection 201.51(10) of the Act is amended by deleting the words "he or she" and substituting the words "the occupational health and safety officer".

200. (1) Subsection 201.52(2) of the Act is amended by

(a) deleting the words "him or her" wherever they appear and substituting the words "the employee"; and

(b) deleting the words "he or she" wherever they appear and substituting the words "the employee".

(2) Subsection 201.52(3) of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the employee".

(3) Subsection 201.52(4) of the Act is amended by deleting the words "he or she" and substituting the words "the employee".

201. Paragraph 201.56(1)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's".

202. (1) Subsection 201.57(5) of the Act is amended by deleting the words "board as defined in paragraph 2(b)" and substituting the word "regulator".

(2) Subsection 201.57(8) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's".

203. Subsection 201.60(5) of the Act is amended by deleting the words "board as defined in paragraph 2(b)" and substituting the word "regulator".

204. (1) Subsection 201.63(1) of the Act is repealed and the following substituted:

Activities of regulator

201.63 (1) The regulator may, for the purpose of this Part,

(a) undertake research into the causes of and the means of preventing or reducing occupational injury and illness;

(b) cause studies to be made into occupational health and safety;

(d) compile, prepare and disseminate information related to occupational health and safety obtained from the research and studies;

(e) implement programs to prevent or reduce occupational injury and illness; and

(f) implement in accordance with the regulations, if any, programs for medical monitoring and examination related to occupational health and safety, request an employer to do so or appoint a medical practitioner qualified in occupational medicine to do so.

(2) Subsection 201.63(3) of the Act is amended by deleting the word "board" and substituting the word "regulator".

205. Subsection 201.64(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

206. Section 201.65 of the Act is repealed and the following substituted:

Application for an authorization

201.65 (1) Where the chief safety officer receives an application for authorization under subsection 134(3.1) or 134.01(2) or to amend an authorization, the chief safety officer shall

(a) consider the potential impact of the work or activity to be authorized on the health and safety of employees engaged in the work or activity; and

(b) make a written recommendation to the regulator on the matters considered.

(2) In deciding whether to issue or amend an authorization, the regulator shall take into account the recommendation of the chief safety officer.

(3) In addition to a requirement, approval, term or condition determined by the regulator under Part III to which an authorization is subject, the authorization is also subject to requirements, approvals, terms and conditions not inconsistent with the provisions of this Act or the regulations, that the regulator determines relate to occupational health and safety.

207. (1) Subsection 201.66(1) of the Act is amended by deleting the words "he or she" and substituting the words "the chief safety officer".

(2) Subsection 201.66(4) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the chief safety officer"; and

(b) deleting the words "him or her" wherever they appear and substituting the words "the chief safety officer".

(3) Subsection 201.66(6) of the Act is amended by deleting the words "he or she" and substituting the words "the chief safety officer".

(4) Subsection 201.66(7) of the Act is amended by deleting the words "his or her" and substituting the words "the chief safety officer's".

208. (1) Subsection 201.67(1) of the Act is amended by deleting the words "he or she" and substituting the words "the chief safety officer".

(2) Subsection 201.67(4) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the chief safety officer"; and

(b) deleting the words "him or her" wherever they appear and substituting the words "the chief safety officer".

(3) Subsection 201.67(6) of the Act is amended by deleting the words "he or she" and substituting the words "the chief safety officer".

(4) Subsection 201.67(7) of the Act is amended by deleting the words "his or her" and substituting the words "the chief safety officer's".

209. (1) Subsection 201.68(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(2) Subsection 201.68(2) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(3) Subsection 201.68(4) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(4) Subsection 201.68(5) of the Act is amended by deleting the words "he or she" and substituting the words "the individual".

(5) Subsection 201.68(6) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(6) Subsection 201.68(7) of the Act is amended by deleting the word "board" and substituting the word "regulator".

210. (1) Subsection 201.69(1) of the Act is amended by deleting the words "he or she" and substituting the words "the provincial minister".

(2) Subsection 201.69(2) of the Act is amended by deleting the words "he or she" and substituting the words "the provincial minister".

(3) Subsection 201.69(4) of the Act is amended by deleting the words "he or she" and substituting the words "the individual".

(4) Subsection 201.69(6) of the Act is amended by

(a) deleting the word "board" and substituting the word "regulator"; and

(b) deleting the words "his or her" and substituting the words "the individual's".

211. (1) Paragraph 201.70(1)(c) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the operator's, employer's, employee's, supervisor's, interest holder's, owner's, provider of services' or supplier's".

(2) Paragraph 201.70(1)(d) of the Act is amended by deleting the words "his or her" and substituting the words "the operator's, employer's, employee's, supervisor's, interest holder's, owner's, provider of services' or supplier's".

(3) Paragraph 201.70(1)(e) of the Act is amended by deleting the words "his or her" and substituting the words "the operator's, employer's, employee's, supervisor's, interest holder's, owner's, provider of services' or supplier's".

(4) Paragraph 201.70(2)(e) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the person's".

(5) Paragraph 201.70(2)(f) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

(6) Paragraph 201.70(2)(g) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

212. Subsection 201.73(1) of the Act is amended by deleting the reference "subsection 201.070(3)" and substituting the reference "subsection 201.70(3)".

213. Section 201.74 of the Act is amended by deleting the words "he or she "and substituting the words "health and safety officer or chief safety officer".

214. Section 201.75 of the Act is amended by deleting the words "he or she" and substituting the words "health and safety officer or chief safety officer".

215. (1) Subsection 201.76(2) of the Act is amended by deleting the words "him or her" and substituting the words "the officer".

(2) Subsection 201.76(5) of the Act is amended by deleting the words "he or she" and substituting the words "the individual".

216. Section 201.80 of the Act is amended by deleting the word "board" and substituting the word "regulator".

217. Subsection 201.83(3) of the Act is amended by deleting the words "him or her" and substituting the words "the recipient".

218. (1) Subsection 201.84(1) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the chief safety officer"; and

(b) deleting the words "his or her" and substituting the words "the chief safety officer's".

219. Subsection 201.85(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

220. Section 201.86 of the Act is repealed and the following substituted:

Disclosure by regulator

201.86 Notwithstanding section 115, the regulator may, after consulting with the chief safety officer, disclose information under its control that relates to this Part other than information relating to

(a) the medical history of an identifiable individual;

(b) other prescribed information relating to an identifiable individual;

(d) information the disclosure of which is restricted under section 201.83

where the regulator is satisfied that the public interest in making the disclosure clearly outweighs potential harm resulting from the disclosure.

221. (1) Subsection 201.87(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(2) Subsection 201.87(2) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

(3) Subsection 201.87(3) of the Act is amended by deleting the words "him or her" and substituting the words "the person".

222. (1) Paragraph 201.88(a) of the Act is amended by

(a) deleting the words "him or her" and substituting the word "the health and safety officer"; and

(b) deleting the words "his or her" and substituting the words "the health and safety officer's".

(2) Paragraph 201.88(b) of the Act is amended by

(a) deleting the words "him or her" and substituting the word "the individual"; and

(b) deleting the words "his or her" and substituting the words "the individual's".

223. Paragraph 201.89(b) of the Act is amended by deleting the words "he or she" and substituting the words "the officer".

224. Subsection 201.90(4) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

225. (1) Subsection 201.91(1) of the Act is amended by deleting the words "he or she" and substituting the words "the health and safety officer".

(2) Subsection 201.91(2) of the Act is amended by deleting the words "he or she" and substituting the words "the special officer".

(3) Subsection 201.91(3) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's".

226. Section 201.92 of the Act is amended by deleting the words "he or she" and substituting the words "the person".

227. Subsection 201.95(2) of the Act is amended by deleting the words "he or she" and substituting the words "the chief safety officer".

228. (1) Subsection 201.96(2) of the Act is amended by deleting the words "he or she" and substituting the words "the chief safety officer".

(2) Subsection 201.96(3) of the Act is amended by

(a) deleting the words "he or she" and substituting the words "the chief safety officer"; and

(b) deleting the words "his or her" and substituting the words "the chief safety officer's".

(3) Subsection 201.96(4) of the Act is amended by deleting the words "his or her" and substituting the words "the chief safety officer's".

229. Subsection 201.97(7) of the Act is amended by deleting the words "board as defined in paragraph 2(b)" and substituting the word "regulator".

230. Section 201.98 of the Act is amended by deleting the words "he or she" and substituting the words "the employee".

231. Subsection 201.99(1) of the Act is amended by deleting the words "of Newfoundland and Labrador, Trial Division."

232. (1) Subsection 201.100(4) of the Act is amended by deleting the words "him or her" wherever they appear and substituting the words "the individual".

(2) Subsection 201.100(5) of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the person".

233. Paragraph 201.103(1)(e) of the Act is amended by deleting the word "board" and substituting the word "regulator".

234. Section 201.106 of the Act is amended by deleting the words "of Newfoundland and Labrador, Trial Division."

235. Subsection 201.112(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

236. (1) Subsection 201.114(2) of the Act is amended by deleting the words "his or her" and substituting the words "the chief safety officer's".

(2) Subsection 201.114(4) of the Act is amended by deleting the words "his or her" and substituting the word "their".

(3) Subsection 201.114(6) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(4) Subsection 201.114(8) of the Act is amended by deleting the word "board" and substituting the word "regulator".

237. (1) Subsection 201.115(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(2) Subsection 201.115(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(3) Subsection 201.115(3) of the Act is amended by

(a) deleting the words "his or her" and substituting the words "the auditor's";

(b) deleting the word "board" and substituting the word "regulator"; and

(4) Subsection 201.115(4) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(5) Subsection 201.115(6) of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(6) Subsection 201.115(7) of the Act is amended by deleting the word "board" and substituting the word "regulator".

238. (1) Subsection 201.116(1) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(2) Subsection 201.116(2) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(3) Subsection 201.116(3) of the Act is amended by deleting the words "of Newfoundland and Labrador".

(4) Subsection 201.116(4) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(5) Subsection 201.116(5) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(6) Subsection 201.116(6) of the Act is amended by deleting the word "board" and substituting the word "regulator".

(7) Subsection 201.116(7) of the Act is amended by deleting the word "board" and substituting the word "regulator".

239. (1) Paragraph 201.119(2)(c) of the Act is amended by deleting the words "him or her" and substituting the words "the addressee".

(2) Paragraph 201.119(3)(c) of the Act is amended by deleting the words "him or her" and substituting the words "the addressee".

Transitional

240. (1) Members of the Canada-Newfoundland and Labrador Offshore Petroleum Board holding office immediately before the coming into force of this Act shall continue as members of the regulator until the expiry of the members' terms.

(2) Nothing in this Act is to be construed as affecting the status of an employee who occupied, immediately before the coming into force of this Act, a position with the Canada-Newfoundland and Labrador Offshore Petroleum Board, except that the employee, beginning on the day this Act comes into force, occupies that position with the regulator.

SNL2015 cA-1.2
Amdt.

241. Paragraph (c) of Schedule A of the Access to Information and Protection of Privacy Act, 2015 is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

RSNL1990 cG-6
Amdt.

242. Schedule B of the Government Money Purchase Pension Plan Act is amended by deleting the words "Canada Newfoundland and Labrador Offshore Petroleum Board" and substituting the words "Canada Newfoundland and Labrador Offshore Energy Regulator".

SNL2016 cI-2.1
Amdt.

243. The Schedule to the Independent Appointments Commission Act is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

RSNL1990 cL-1
Amdt.

244. (1) Paragraph 2(1)(o.1) of the Labour Relations Act is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

(2) Subsection 17(2.1) of the Act is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" wherever it appears and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

(3) Subsection 17(4.1) of the Act is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" wherever it appears and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

(4) Subsection 17(5.1) of the Act is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" wherever it appears and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

(5) Paragraph 18(n) of the Act is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

(6) Paragraph 18(o) of the Act is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" wherever it appears and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

SNL2016 cM-1.001 Amdt.

245. (1) Paragraph 2(a) of the Management of Greenhouse Gas Act is repealed.

(2) Paragraph 2(l.1) of the Act is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

(3) Section 2 of the Act is amended by deleting the word "and" at the end of paragraph (m.1), deleting the period at the end of paragraph (n) and substituting a semi-colon and the word "and" and adding immediately after paragraph (n) the following:

(o) "regulator" means the Canada-Newfoundland and Labrador Offshore Energy Regulator established under the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act (Canada) and the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act.

(4) Section 12.1 of the Act is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

(5) Section 12.2 of the Act is amended by deleting the word "board" and substituting the word "regulator".

RSNL1990 cO-6
Amdt.

246. (1) Paragraph 2(1)(c) of the Offshore Area Corporate Income Tax Act is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Act (Canada)" and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act (Canada)".

(2) Paragraph 2(1)(k) of the Act is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

SNL2014 cO-9
Amdt.

247. The Schedule to the Other Post-Employment Benefits Eligibility Modification Act is amended by deleting the words "Canada-Newfoundland and Labrador Offshore Petroleum Board" and substituting the words "Canada-Newfoundland and Labrador Offshore Energy Regulator".

RSNL1990 cP-10
Amdt.

248. Paragraph 30(1)(c) of the Petroleum and Natural Gas Act is amended by

(a) deleting the words "Canada-Newfoundland and Labrador Offshore Petroleum Board" and substituting the words "Canada-Newfoundland and Labrador Offshore Energy Regulator"; and

(b) deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act (Canada)" and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act and the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act (Canada)".

(2) Paragraph 35(4)(d) of the Act is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act (Canada)" and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act and the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act (Canada)".

RSNL1990 cP-43
Amdt.

249. Schedule C to the Public Service Commission Act is amended by deleting the statutory appointment reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" and substituting the statutory appointment reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

SNL2005 cS-16.2 Amdt.

250. Paragraph 5(2)(c) of the Smoke-free Environment Act, 2005 is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Act (Canada)" and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act (Canada)".

SNL2022 cW-11.1
Amdt.

251. (1) Section 25 of the Workplace Health, Safety and Compensation Act, 2022 is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" wherever it appears and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

(2) Paragraph 26(c) of the Act is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

(3) Section 28 of the Act is repealed and the following substituted:

Cooperation between commission and Canada-Newfoundland and Labrador Offshore Energy Regulator

28. Where it is necessary to give effect to this Part and Part III.1 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act, the commission shall

(a) cooperate with the Canada-Newfoundland and Labrador Offshore Energy Regulator; and

(b) disclose information to the Canada-Newfoundland and Labrador Offshore Energy Regulator.

CNLR 752/96 Amdt.

252. (1) Paragraph 2(1)(a) of the Corporate Income Tax Remission Order Hibernia Development Project under the Financial Administration Act is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

(2) Paragraph 2(1)(d) of the Order is repealed.

(3) Subsection 2(1) of the Order is amended by adding immediately after paragraph (s) the following:

(s.1) "regulator" means the Canada-Newfoundland and Labrador Offshore Energy Regulator established by the Accord Act;

(4) The Order is amended by deleting the word "board" wherever it appears and substituting the word "regulator".

NLR 116/18 Amdt.

253. (1) Paragraph 2(1)(a.1) Management of Greenhouse Gas Regulations under the Management of Greenhouse Gas Act is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

(2) The regulations are amended by deleting the word "board" wherever it appears and substituting the word "regulator".

NLR 14/17

254. Paragraph 2(1)(a.1) of the Management of Greenhouse Gas Reporting Regulations under the Management of Greenhouse Gas Act is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

(2) The regulations are amended by deleting the word "board" wherever it appears and substituting the word "regulator".

NLR 79/21 Amdt.

255. (1) Paragraph 2(1)(b) of the Offshore Area Occupational Health and Safety Regulations under the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

(2) Paragraph 156(1)(c) of the regulations is amended by deleting the word "board" and substituting the word "regulator".

CNLR 738/96 Amdt.

256. (1) Paragraph 2(c) of the Offshore Area Petroleum Diving Newfoundland and Labrador Regulations under the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

(2) Paragraph 2(l) of the regulations is repealed.

(3) The regulations, except paragraph 4(4)(b), clause 9(5)(h)(ii)(C) and paragraph 47(3)(b), are amended by deleting the word "board" wherever it appears and substituting the word "regulator".

CNLR 2/96 Amdt.

257. (1) Section 2 of the Offshore Area Registration Regulations under the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

(2) The regulations are amended by deleting the word "board" wherever it appears and substituting the word "regulator".

CNLR 5/16 Amdt.

258. (1) Section 2 of the Offshore Petroleum Administrative Monetary Penalties Regulations under the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

(2) Schedule A to the regulations is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

(3) The regulations are amended by deleting the word "board" wherever it appears and substituting the word "regulator".

NLR 6/16 Amdt.

259. (1) Paragraph 2(a) of the Offshore Petroleum Cost Recovery Regulations under the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

(2) The regulations are amended by deleting the word "board" wherever it appears and substituting the word "regulator".

NLR 7/16 Amdt.

260. (1) Section 2 of the Offshore Petroleum Financial Requirements Regulations under the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

(2) The regulations are amended by deleting the word "board" wherever it appears and substituting the word "regulator".

NLR 37/17 Amdt.

261. Paragraph 3(1)(e) of the Offshore Oil Royalty Regulations under the Petroleum and Natural Gas Act is repealed.

(2) Paragraph 3(1)(m) of the regulations is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

(3) Subsection 3(1) of the regulations is amended by adding immediately after paragraph (s) the following:

(s.1) "regulator" means the Canada-Newfoundland and Labrador Offshore Energy Regulator established under the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act (Canada) and the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act;

(4) The regulations are amended by deleting the word "board" wherever it appears and substituting the word "regulator".

NLR18/24 Amdt.

262. Paragraph 4(1)(dd) of the Port au Port-Stephenville Wind Power and Hydrogen Generation Project Release Order under the Environmental Protection Act is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

NLR 71/03 Amdt.

263. (1) Paragraph 3(1)(e) of the Royalty Regulations, 2003 under the Petroleum and Natural Gas Act is repealed.

(2) Subsection 3(1) of the regulations is amended by adding immediately after paragraph (s) the following:

(s.1) "regulator" means the Canada-Newfoundland and Labrador Offshore Energy Regulator established under the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act (Canada) and the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act;

(3) Paragraph 70.1(c) of the regulations is amended by deleting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act" and substituting the reference "Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act".

(4) The regulations are amended by deleting the word "board" wherever it appears and substituting the word "regulator".

Commencement

264. This Act, or a section, subsection, paragraph or subparagraph of this Act, comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council.