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Statutes of Newfoundland 1992


CHAPTER 15

CHAPTER 15

AN ACT TO AMEND THE
CANADA-NEWFOUNDLAND ATLANTIC ACCORD IMPLEMENTATION (NEWFOUNDLAND) ACT

(Assented to June 11, 1992)

Analysis

1. S.4(b) R&S
Act takes precedence

2. S.8(2) R&S
Application of Act

3. S.45(2) R&S
Benefits plan

4. S.115(5) Amdt.
Interpretation

5. S.116 Rep.
Arbitration

6. S.118(1) Amdt.
Regulations

7. Heading R&S
Petroleum Operations

8. S.131(a.1) R&S
Definitions

9. S.131.1 Added
Purpose

10. Sections Added
132.1 Designation of board member
132.2 Minister may approve board

11. S.133 Amdt.
Prohibition

12. S.133.1 Added
Delegation of board's powers

13. S.134 R&S
Licences and authorizations
Sections added
134.1 Right of entry
134.2 Safety
134.3 Compliance with s.158(1)

14. S.135 Amdt.
Approval re: development

15. Sections added
135.1 Declaration by applicant and board
135.2Certificate

16. S.136 R&S
Designation
Sections added
136.1 Orders
136.2 Title to petroleum

17. Heading R&S
Regulation of Operations

18. S.145(1) R&S
Regulatory power

19. S.146 R&S
Equivalent standards and exemptions

20. S.147.1(1) R&S
Guidelines etc.

21. S.148(1) & (2) R&S
Production orders

22. S.150(3) R&S
Prevention of waste

23. Heading R&S
Spills and Debris

24. S.155 Amdt.
Definitions

25. S.156(3) R&S
Spills prohibited

26. S.157 Amdt.
Recovery of loss etc.

27. S.158 Amdt.
Financial responsibility

28. S.161(1.1) Added
Inquiries

29. S.173(1) R&S
Effective date of unitization order

30. Ss. 184-189 R&S
184. Offences
185. Powers of officers
186. Certificate to be produced
187. Assistance to officers
188. Obstruction of officers
189. Powers of safety officers
189.1 Priority
189.2 Installation manager

31. S.190(1)-(4) R&S
Offences

32. S.191 Rep.
Punishment

33. S.194 Rep.
Liability of directors, etc.

34. Commencement

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


RSN 1990 cC-2

1. Paragraph 4(b) of the Canada-Newfoundland Atlantic Accord Implementation (Newfoundland) Act is repealed and the following substituted:

(b) any other Act of the legislature that applies to the offshore area or a regulation made under that Act;

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 Subsection 8(2) of the Act is repealed and the following substituted:

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

3. Subsection 45(2) of the Act is repealed and the following substituted:

(2) Before the board may approve a development plan under subsection 135(4) or authorize any work or activity under paragraph 134(1)(b), a Canada-Newfoundland benefits plan shall be submitted to and approved by the board, unless the board directs that that requirement need not be complied with.

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

(g) diving work, weather observation or the status of operational activities or of the development of or production from a pool or field;

(g.1) accidents, incidents or petroleum spills, to the extent necessary to permit a person or body to produce and to distribute or publish a report for the administration of this Act in respect of the accident, incident or spill;

5. Section 116 of the Act is repealed.

6. That portion of subsection 118(1) of the Act preceding paragraph (a) is repealed and the following substituted:

Regulations

118. (1) Subject to section 7, the Lieutenant-Governor in Council may make regulations for carrying out the purposes and provisions of section 117 and may make regulations

7. The heading "PRODUCTION AND CONSERVATION" preceding section 131 of the Act is repealed and the following substituted:

PETROLEUM OPERATIONS

8. Section 131 of the Act is amended by adding immediately after paragraph (a) the following:

(a.1) "chief safety officer" means the person designated as the chief safety officer under section 136;

9. The Act is further amended by adding immediately after section 131 the following:

PURPOSE

Purpose

131.1 The purpose of this Part is to promote, in respect of the exploration for and exploitation of petroleum,

(a) safety, particularly by encouraging persons exploring for and exploiting petroleum to maintain a prudent regime for achieving safety;

(b) the protection of the environment;

(c) the conservation of petroleum resources; and

(d) joint production arrangements.

10. The Act is amended by adding immediately after section 132 the following:

OIL AND GAS ADMINISTRATION ADVISORY COUNCIL

Designation

132.1 The Provincial Minister may designate 1 of the members of the Oil and Gas Administration Advisory Council established by the Canada Oil and Gas Operations Act.

OFFSHORE OIL AND GAS TRAINING STANDARDS
ADVISORY BOARD

Minister may approve board

132.2 The Provincial Minister may approve the establishment of the Offshore Oil and Gas Training Standards Advisory Board under the Canada Oil and Gas Operations Act.

11. Paragraphs 133(a) and (b) of the Act are repealed and the following substituted:

(a) that person is the holder of an operating licence issued under paragraph 134(1)(a);

(b) that person is the holder of an authorization issued, before the commencement of operations, under paragraph 134(1)(b) for each such work or activity; and

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

DELEGATION

Delegation of board's powers

133.1 The board may delegate to a person any of the board's powers under section 134, 134.2, 134.3, 135.1, 135.2 or 158, and the person shall exercise those powers in accordance with the terms of the delegation.

13. Section 134 of the Act is repealed and the following substituted:

Licences and authorizations

134. (1) The board may, on application made in the form and containing the information fixed by it, and made in the prescribed manner, issue

(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) An operating licence expires on March 31 immediately after the day on which it is issued and may be renewed for successive periods not exceeding 1 year each.

(3) An operating licence shall be subject to those requirements that the board determines or that may be prescribed and to the fees and deposits that are prescribed.

(4) An authorization shall be subject to those approvals that the board determines or that may be granted in accordance with the regulations and those requirements and deposits that the board 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; and

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

(5) The board may suspend or revoke an operating licence or an authorization for failure to comply with, contravention of or default in respect of

(a) a requirement, approval, fee or deposit subject to which the licence or authorization was issued;

(b) a requirement undertaken in a declaration referred to in subsection 135.1(1) or (2);

(c) subsection 135.1(3), 135.2(2) or 158(1.1); or

(d) applicable regulations.

Right of entry

134.1 (1) Subject to subsection (2), 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) 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 an interest as defined in Part II, no person may enter on or use that portion for a purpose referred to in subsection (1) 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 of Works and Activities

Safety

134.2 The board 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.

Financial Responsibility

Compliance with subsection 156(1)

134.3 The board 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 subsection 158(1) in respect of that work or activity.

14. (1) Subsection 135(2) of the Act is repealed and the following substituted:

(2) For the purpose of subsection (1), an application for the approval of a development plan shall be submitted to the board in the form and containing the information fixed by the board, at the time and in the manner that may be prescribed, together with the proposed development plan in the form and containing the information described in subsection (3).

(2) Subsections 135(5) and (6) of the Act are repealed and the following substituted:

(5) Where a development plan has been approved under subsection (4), no amendment of Part I or II of the development plan shall be made unless it is approved by the board in accordance with paragraph (4)(a) or (b).

(6) Subsections (2) to (5) apply, with the necessary changes, with respect to a proposed amendment to a development plan.

15. The Act is amended by adding immediately after section 135 the following:

DECLARATIONS AND CERTIFICATES

Declaration by applicant and board

135.1 (1) Subject to subsection (2), no authorization under paragraph 134(1)(b) shall be issued unless the board has received, from the applicant for the authorization, a declaration in the form fixed by the board 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 fit for the purpose for which they are used, the operating procedures continue to be appropriate for those uses, and the personnel continue to be so qualified and competent.

(2) The board may accept, in respect of equipment that is to be used in a work or activity to be authorized, a declaration from the owner of the equipment instead of a declaration from the applicant for the authorization, and that declaration shall be in a form fixed by the board and shall state that

(a) the equipment is fit for the purpose for which it is to be used, the operating procedures relating to it are appropriate for that use, and the personnel who are to be employed by the owner in connection with it are qualified and competent for their employment; and

(b) the owner shall ensure, so long as the equipment is used in the work or activity that is authorized, that the equipment continues to be fit for the purpose for which it is used, the operating procedures continue to be appropriate for that use, and the personnel continue to be so qualified and competent.

(3) Where the equipment, an installation, the operating procedures or the personnel specified in the declaration changes and no longer conforms to the declaration, the holder of the authorization shall provide the board with a new declaration as soon as possible after the change occurs.

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

Certificate

135.2 (1) No authorization under paragraph 134(1)(b) shall be issued with respect to prescribed equipment or an installation, or equipment or an installation of a prescribed class, unless the board has received, from the applicant for the authorization, a certificate issued by a certifying authority in the form fixed by the board.

(2) The holder of an authorization shall ensure that the certificate referred to in subsection (1) remains in force for so long as the equipment or installation to which the certificate relates is used in the work or activity in respect of which the authorization is issued.

(3) A certificate referred to in subsection (1) shall state that the equipment or installation in question

(a) is fit for the purpose for which it is to be used and may be operated safely without posing a threat to persons or to the environment in the location and for the time set out in the certificate; and

(b) is in conformity with all of the requirements and conditions that are imposed for the purpose of this section by subsection 134(4), whether they are imposed by regulation or by the board.

(4) A certificate referred to in subsection (1) is not valid if the certifying authority

(a) has not complied with a prescribed procedure or a procedure that the board may establish; or

(b) is a person or an organization that has participated in the design, construction or installation of the equipment or installation in respect of which the certificate is issued, to an extent greater than that prescribed.

(5) An applicant shall permit the certifying authority to have access to the equipment and installations in respect of which the certificate is required and to information that relates to them.

(6) For the purpose of this section, "certifying authority" means a prescribed certifying authority.

(7) The board or a delegate of the board is not liable to a person by reason only of having issued an authorization in reliance on a certificate issued under this section.

16. The heading preceding section 136 and section 136 of the Act are repealed and the following substituted:

CHIEF SAFETY OFFICER AND CHIEF CONSERVATION
OFFICER

Designation

136. The board may, for the purpose of this Act, designate the chief executive officer or another person as the chief safety officer and the same or another person as the chief conservation officer.

Orders

136.1 For the purpose of this Act, an order made by a safety officer, the chief safety officer, a conservation officer, the chief conservation officer or the committee is not subordinate legislation as defined in the Statutes and Subordinate Legislation Act.

Extended Formation Flow Tests

Title to petroleum

136.2 (1) Subject to subsection (2), title to petroleum produced during an extended formation flow test is conferred on the person who conducts the test in accordance with an authorization under section 134, with every approval and requirement subject to which such an authorization is issued and with an applicable regulation, whether or not the person has a production licence issued under Part II.

(2) Title to petroleum referred to in subsection (1) is conditional on compliance with the terms of the authorization, approval or regulation, including the payment of royalties or other payment instead of royalties.

(3) This section applies only in respect of an extended formation flow test that provides significant information for determining the best recovery system for a reservoir or for determining the limits of a reservoir or the productivity of a well producing petroleum from a reservoir and that does not adversely affect the ultimate recovery from a reservoir.

17. The heading "PRODUCTION AND CONSERVATION" preceding section 145 of the Act is repealed and the following substituted:

REGULATION OF OPERATIONS

Regulations

18. Subsection 145(1) of the Act is repealed and the following substituted:

Regulatory power

145. (1) Subject to section 7, the Lieutenant-Governor in Council may make regulations for the purpose of safety, protection of the environment as well as for the production and conservation of petroleum resources

(a) defining "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;

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

(c) authorizing the board, 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, and

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

(d) concerning arbitration for the purpose of subsection 134.1(2), including the costs of or incurred in relation to those arbitrations;

(e) concerning the approvals to be granted as conditions of authorizations issued under paragraph 134(1)(b);

(f) concerning certificates for the purpose of section 135.2;

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

(h) authorizing the discharge, emission or escape of petroleum for the purpose of subsection 155(1) in the quantities, at the locations, under the conditions and by the persons that may be specified in the regulations; and

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

19. Section 146 of the Act is repealed and the following substituted:

Equivalent standards and exemptions

146. (1) Subject to subsection (2), the chief safety officer and chief conservation officer may authorize

(a) the use of equipment, methods, measures or standards instead of any required by regulation, where those officers are satisfied that the use of that other equipment and those other methods, measures or standards would provide a level of safety, protection of the environment and conservation equivalent to that provided by compliance with the regulations; or

(b) the exemption from a regulatory requirement in respect of equipment, methods, measures or standards, where those officers are satisfied with the level of safety, protection of the environment and conservation achieved without compliance with that requirement.

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

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

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

Guidelines etc.

147. (1) The board may issue and publish, in the manner that the board considers appropriate, guidelines and interpretation notes with respect to the application and administration of section 45, 134 and 135 or regulations made under section 145.

21. Subsections 148 (1) and (2) of the Act are repealed and the following substituted:

Production orders

148. (1) Where the chief conservation officer, on reasonable grounds, is of the opinion that, with respect to an interest in a portion of the offshore area, the capability exists to commence, continue or increase production of petroleum and that a production order would stop waste, the chief conservation officer may order the commencement, continuation or increase of production of petroleum at the rates and in the quantities that are specified in the order.

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

22. Subsection 150(3) of the Act is repealed and the following substituted:

(3) Notwithstanding subsection (2), the chief conservation officer may, without an investigation, make an order under this section requiring all operations to be shut down if in the opinion of the chief conservation officer it is necessary to do so to prevent damage to persons or property or to protect the environment, but as soon as possible after making that order and in any event within 15 days afterward, the chief conservation officer shall hold an investigation at which interested persons shall be given an opportunity to be heard.

23. The heading preceding section 155 of the Act is repealed and the following substituted:

Spills and Debris

24. (1) Subsections 155(1) and (2) of the Act are repealed and the following substituted:

Definitions

155. (1) In sections 156 to 161, "spill" means a discharge, emission or escape of petroleum, other than one that is authorized under the regulations or another federal law or that constitutes a discharge from a ship to which Part XV or XVI of the Canada Shipping Act applies.

(2) In sections 157 and 161, "debris" means an installation or structure that was put in place in the course of any work or activity required to be authorized under paragraph 134(1)(b) and that has been abandoned without the authorization that may be required by this Part, or any material that has broken away or been jettisoned or displaced in the course of that work or activity.

(2) Subsection 155(4) of the Act is repealed and the following substituted:

(4) The Crown in right of the province incurs no liability whatever to a person arising out of the authorization by regulations made by the Lieutenant-Governor in Council of a discharge, an emission or an escape of petroleum.

25. (1) Subsection 156(3) of the Act is repealed and the following substituted:

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

(2) Section 156 of the Act is amended by adding immediately after subsection (7) the following:

(7.1) Where a person, other than a person referred to in subsection (7), takes 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 action.

26. (1) That portion of subsection 157(1) of the Act preceding subparagraph (a)(i) is repealed and the following substituted:

Recovery of loss, etc.

157. (1) Where a discharge, emission or escape of petroleum that is authorized by regulations, or a spill, occurs in a portion of the offshore area

(a) the person who is required to obtain an authorization under paragraph 134(1)(b) in respect of the work or activity from which the spill or authorized discharge, emission or escape of petroleum emanated is liable, without proof of fault or negligence, up to a prescribed limit of liability, for

(2) Paragraph 157(2)(a) of the Act is repealed and the following substituted:

(a) the person who is required to obtain an authorization under paragraph 134(1)(b) in respect of the work or activity from which the debris originated is liable, without proof of fault or negligence, up to a prescribed limit of liability, for all the actual loss or damage and all the costs or expenses; and

(3) Paragraph 157(2)(b) of the Act is repealed and the following substituted:

(b) 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 individually liable, to the extent determined according to the degree of the fault or negligence proved against them, for all the actual loss or damage and all the costs or expenses.

(4) Subsection 157(3) of the Act is repealed and the following substituted:

(2.1) Where subsection (1) or (2) applies, no person shall be liable for more than the greater of the prescribed limit referred to in paragraph (1)(a) or (2)(a) and the amount for which the person would be liable under another law for the same occurrence.

(3) All claims under this section may be sued for and recovered in a court of competent jurisdiction in Canada and shall rank first in favour of persons incurring actual loss or damage, without preference, and second, without preference, to meet costs and expenses described in subsection (1) or (2).

27. Subsection 158(1) of the Act is repealed and the following substituted:

Financial responsibility

158. (1) An applicant for an authorization under paragraph 134(1)(b) in respect of any work or activity in a portion of the offshore area shall provide proof of financial responsibility in the form of a letter of credit, a guarantee or indemnity bond or in another form satisfactory to the board, in an amount satisfactory to the board.

(1.1) The person who has obtained an authorization under paragraph 134(1)(b) shall ensure that the proof of financial responsibility remains in force for the duration of the work or activity in respect of which the authorization is issued.

28. Section 161 of the Act is amended by adding immediately after subsection (1), the following:

(1.1) Where a spill or debris or an accident or incident related to an activity to which this Division applies occurs or is found in a portion of the offshore area and is serious, as defined by regulation, the board 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 board.

29. Subsection 173(1) of the Act is repealed and the following substituted:

Effective date of unitization order

173. (1) Subject to subsection (2), a unitization order shall become effective on the day that the committee determines in the order, but that day shall be not less than 30 days after the day on which the order is made.

30. The heading preceding section 184 and sections 184 to 189 of the Act are repealed and the following substituted:

Safety and Conservation Officers

Officers

184. The safety officers and conservation officers necessary for the administration and enforcement of this Part and the regulations shall be appointed by the board.

Powers of officers

185. A safety officer, the chief safety officer, a conservation officer or the chief conservation officer may at a reasonable time

(a) enter a place, including lands, buildings, installations, vessels, vehicles and aircraft, used for any work or activity in respect of which this Part applies, for the purpose of carrying out inspections, examinations, tests or inquiries or of directing that the person in charge of the place carry them out, and the officer may be accompanied by another person that the officer believes is necessary to help carry out the inspection, examination, test or inquiry;

(b) take photographs or make drawings of a place or thing referred to in this section;

(c) order that a place or thing referred to in this section not be interfered with for a specified period;

(d) require the production, for inspection or copying, of books, records, documents, licences or permits required by this Part or the regulations;

(e) take samples or particulars and carry out, or have carried out, reasonable tests or examinations; and

(f) require the person in charge of the place, or another person in the place who has knowledge relevant to an inspection, examination, test or inquiry, to furnish information, either orally or in writing, in the form requested.

Certificate to be produced

186. The board shall provide every safety officer and conservation officer and the chief safety officer and the chief conservation officer with a certificate of appointment or designation and, on entering a place under the authority of this Part, the officer shall, if so required, produce the certificate to the person in charge of the place.

Assistance to officers

187. The owner, the person in charge of a place referred to in section 185 and every person found there shall give a safety officer, the chief safety officer, a conservation officer or the chief conservation officer all reasonable assistance to enable the officer to carry out duties and functions under this Part or the regulations.

Obstruction of officers

188. No person shall obstruct or hinder or make a false or misleading statement, either orally or in writing, to a safety officer, the chief safety officer, a conservation officer or the chief conservation officer who is engaged in carrying out duties and functions under this Part or the regulations.

Power of safety officer

189. (1) Where a 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 in a portion of the offshore area is likely to result in serious bodily injury, the safety officer or chief safety officer may order that the operation cease or be continued only in accordance with the terms of the order.

(2) The safety officer or chief safety officer who makes an order under subsection (1) shall affix at or near the scene of the operation a notice of the order in prescribed form.

(3) An order made by a safety officer under subsection (1) expires 72 hours after it is made unless it is confirmed before that time by order of the chief safety officer.

(4) A safety officer who makes an order under subsection (1) shall immediately so advise the chief safety officer, and the chief safety officer may modify or revoke the order.

(5) The person carrying out the operation to which an order under subsection (1) makes reference or a person having a pecuniary interest in that operation may by notice in writing request the chief safety officer to refer it to a Provincial Court judge for review, and the chief safety officer shall refer the order to a provincial court judge having jurisdiction in the area closest to that in which the operation is being carried on.

(6) A Provincial Court judge to whom an order is referred under this section shall inquire into the need for the order and for that purpose has all the powers of a commissioner under the Public Inquiries Act.

(7) Where an order has been referred to a provincial court judge under this section, the burden of establishing that the order is not needed is on the person who requested that the order be so referred.

(8) A Provincial Court judge to whom an order is referred under this section may confirm or set aside the order and the decision of the Provincial Court judge is final and conclusive.

(9) No person shall continue an operation in respect of which an order has been made under this section, except in accordance with the terms of the order or until the order has been set aside by a Provincial Court judge under this section.

Priority

189.1 An order made by a safety officer or the chief safety officer prevails over an order made by a conservation officer or the chief conservation officer to the extent of an inconsistency between the orders.

Installation Manager

Installation manager

189.2 (1) Every holder of an authorization under paragraph 134(1)(b) in respect of a work or activity for which a prescribed installation is to be used shall put in command of the installation a manager who meets any prescribed qualifications, and the installation manager shall be responsible for the safety of the installation and the persons at it.

(2) Subject to this Act and another Act of the province, an installation manager has the power to do those things that are required to ensure the safety of the installation and the persons at it, and may

(a) give orders to a person who is at the installation;

(b) order that a person who is at the installation be restrained or removed; and

(c) obtain information or documents.

(3) In a prescribed emergency situation, an installation manager's powers are extended so that they also apply to each operator of a vessel, vehicle or aircraft that is at the installation or that is leaving or approaching it.

31. Subsections 190(1) to (4) of the Act are repealed and the following substituted:

Offences

190. (1) Every person is guilty of an offence who

(a) contravenes this Part or the regulations;

(b) knowingly makes a false entry or statement in a report, record or document required by this Part or the regulations or by an order made under this Part or the regulations;

(c) knowingly destroys, mutilates or falsifies a report or other document required by this Part or the regulations or by an order made under this Part or the regulations;

(d) produces petroleum from a pool or field under the terms of a unit agreement within the meaning of Division II, or an amended unit agreement, before the unit agreement or amended unit agreement is filed with the chief conservation officer;

(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 of the authorization; or

(f) fails to comply with a direction, requirement or order of a safety officer, the chief safety officer, a conservation officer, the chief conservation officer or an installation manager or with an order of the committee.

(2) Every person who is guilty of an offence under subsection (1) is liable

(a) on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 1 year, or to both; or

(b) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding 5 years, or to both.

32. Section 191 of the Act is repealed.

33. Section 194 of the Act is repealed.

Commencement

34. This Act comes into force on the day the federal Act to amend the Oil and Gas Production and Conservation Act (Canada) and other Acts in consequence of that amendment come into force.

©Earl G. Tucker, Queen's Printer