41

 


 

Third Session, 48th General Assembly

67 Elizabeth II, 2018

BILL 41

AN ACT TO AMEND THE CANADA-NEWFOUNDLAND AND LABRADOR ATLANTIC ACCORD IMPLEMENTATION NEWFOUNDLAND AND LABRADOR ACT

Received and Read the First Time................................................................

Second Reading............................................................................................

Committee.....................................................................................................

Third Reading...............................................................................................

Royal Assent.................................................................................................

HONOURABLE SIOBHAN COADY

Minister of Natural Resources

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act to

·         allow the Management of Greenhouse Gas Act to apply within the offshore area; and

·         confer powers and impose duties and functions under the Management of Greenhouse Gas Act on the Canada-Newfoundland and Labrador Offshore Petroleum Board.


A BILL

AN ACT TO AMEND THE CANADA-NEWFOUNDLAND AND LABRADOR ATLANTIC ACCORD IMPLEMENTATION NEWFOUNDLAND AND LABRADOR ACT

Analysis


        1.   S.29.2 R&S
Remittance of fees and charges    

        2.   Ss.159.1 & 159.2 Added             

      159.1 Management of Greenhouse Gas Act

      159.2 Powers, duties and functions of board

        3.   Commencement    


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

RSNL1990 cC-2
as amended

        1. Section 29.2 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act is repealed and the following substituted:

Remittance of fees and charges

   29.2 (1) One half of the amounts of the fees and charges obtained in accordance with regulations made under section 29.1 shall be paid to the Consolidated Revenue Fund in the prescribed time and manner. 

             (2)  Notwithstanding subsection (1), where the amounts referred to in subsection (1) are related to the powers, duties or functions of the board referred to in subsection 159.2(1), those amounts shall be paid in their entirety to the Consolidated Revenue Fund.

 

        2. The Act is amended by adding immediately after section 159 the following:

Management of Greenhouse Gas Act

159.1 (1) The Management of Greenhouse Gas Act applies, with the modifications that the circumstances require, to a work or activity authorized under this Part that is carried out within the offshore area.

             (2)  Notwithstanding subsection (1), where the Management of Greenhouse Gas Act is amended and imposes a tax, that tax shall not apply to a work or activity authorized under this Part that is carried out within the offshore area.

             (3)  Where a power is conferred or a duty or function is imposed on the board under the Management of Greenhouse Gas Act, the exercise of the power or the performance of the duty or function is subject to review by, or appeal to, the courts of the province in the same manner and to the same extent as if the laws of the province applied.

Powers, duties and functions of board

159.2 (1) The board 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)  In exercising its power and performing its duties and functions under subsection (1), the board may obtain from the minister responsible for the Management of Greenhouse Gas Act and disclose to that minister any information relevant to the administration of the Management of Greenhouse Gas Act.

Commencement

        3. This Act comes into force on the day the Budget Implementation Act, 2018 No.2 (Canada) comes into force with respect to the amendments to the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act (Canada).