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RSNL1990 CHAPTER C-2

CANADA-NEWFOUNDLAND AND LABRADOR ATLANTIC ACCORD IMPLEMENTATION NEWFOUNDLAND AND LABRADOR ACT

Amended:

1992 c15; 1992 c47; 1999 c22 s5; 2001 cN-3.1 s2; 2005 c19;
2013 c3;
2015 c6 (
New subsections not in force 134.5(1) and 156.1(1), (2) & (3) );
2015 cA-1.2 s121

CHAPTER C-2

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

Analysis


       
1.   Short title

       
2.   Definitions

       
3.   Construction

       
4.   Precedence over other Acts

       
5.   Regulations re offshore

       
6.   Disputes between neighbouring provinces

       
7.   Approval of federal minister before making of regulations

       
8.   Application

              PART I
JOINT MANAGEMENT

       
9.   Jointly established board

     
10.   Members of board

     
11.   Qualifications of members

     
12.   Consultation and appointment of chairperson

     
13.   Terms and conditions of appointments

     
14.   Absence or incapacity of chairperson

     
15.   Term of office

     
16.   Conflict of interest and insurance

     
17.   Functions of board

     
18.   Access to information by governments

     
19.   Meetings of board

     
20.   Quorum and majority vote

     
21.   Location of offices and staff

     
22.   Storage of information

     
23.   By-laws and guidelines

     
24.   Chief executive officer

     
25.   Staff of the board

     
26.   Auditor

   
26.1   Audit and evaluation committee

     
27.   Budget and appropriation

     
28.   Access to books and accounts

     
29.   Annual report

   
29.1   Regulations

   
29.2   Remittance of fees and charges

     
30.   Board's decision final

     
31.   Notice of fundamental decisions and advice by ministers

     
32.   Conditions for implementation

     
33.   Definitions re ss.34 to 37

     
34.   Self-sufficiency and security of supply

     
35.   Determination binding

     
36.   Where no agreement on determinations re self-sufficiency

     
37.   Determination of unreason-able delay

     
38.   Determination not subject to review

     
39.   Suspensive vetoes

     
40.   Supply shortfall

     
41.   Regional security of supply

     
42.   Ministerial directives

     
43.   Plan for interests

     
44.   Public review

   
44.1   Public hearing

   
44.2   Confidentiality

   
44.3   Confidentiality - security

   
44.4   Exception

     
45.   Canada- Newfoundland and Labrador benefits plan

     
46.   Coordination

              PART II
PETROLEUM RESOURCES

     
47.   Interpretation

     
48.   Giving notice

     
49.   Binding on the Crown

     
50.   Delegation

     
51.   Advisory bodies

     
52.   Representatives

     
53.   No issuing of interests re certain lands

     
54.   Surrender of interests

     
55.   Prohibition of activities

     
56.   Authority to issue interests

     
57.   Call for bids

     
58.   Selection of bids and publication

     
59.   Issuing of interest not required

     
60.   Exception to call for bids

     
61.   Interest not vitiated

     
62.   Manner of publication of notices

     
63.   Regulations

     
64.   Rights under exploration licences

     
65.   Shares

     
66.   Terms, conditions and regulations

     
67.   Amendment and consolidation of exploration licence

     
68.   Effective date of exploration licence

     
69.   Continuation of exploration licence where drilling started

     
70.   Declaration of significant discovery

     
71.   Rights under significant discovery licence

     
72.   Significant discovery licence in relation to lands subject to exploration licences

     
73.   Reduction or increase of area subject to significant discovery licence

     
74.   Term of licences

     
75.   Drilling orders

     
76.   Information may be disclosed

     
77.   Application for declaration of commercial discovery

     
78.   Order to reduce term of interest

     
79.   Rights under production licence

     
80.   Issuing of production licence

     
81.   Consolidation of production licences

     
82.   Reduction and increase of area subject to production licence

     
83.   Term of production licence

     
84.   Lapsing of other interests

     
85.   Licence for subsurface storage

     
86.   Qualification for production licence

     
87.   Rep. by 1992 c47 s3

     
88.   Rep. by 1992 c47 s3

     
89.   Rep. by 1992 c47 s3

     
90.   Rep. by 1992 c47 s3

     
91.   Rep. by 1992 c47 s3

     
92.   Rep. by 1992 c47 s3

     
93.   Rep. by 1992 c47 s3

     
94.   Rep. by 1992 c47 s3

     
95.   Rep. by 1992 c47 s3

     
96.   Fund continued and rates approved by board

     
97.   Interpretation

     
98.   Notice of disposition of an interest

     
99.   Rep. by 1992 c47 s3

   
100.   Rep. by 1992 c47 s3

   
101.   Public register

   
102.   Prohibition

   
103.   Rep. by 1992 c47 s3

   
104.   Requirements of registering security notice

   
105.   Security notice

   
106.   Registration

   
107.   Registration is considered notice

   
108.   Priority of rights

   
109.   Demand for information

   
110.   Notice to take proceedings

   
111.   Transfer effective on registration

   
112.   No restriction on rights

   
113.   No action for acts done in performance of official functions

   
114.   Regulations

   
115.   Interpretation

 
115.1   Notice of disclosure

   
116.   Rep. by 1992 c15 s5

   
117.   Operating agreements

   
118.   Regulations

   
119.   Notice to comply

   
120.   Oil and Gas Committee

   
121.   Regulations

   
122.   Forms

   
123.   Exploration agreements extent are continued

   
124.   Replacement of rights

   
125.   Regulations continue in force

   
126.   Former permits, former special renewal permits and former exploration agreements

   
127.   Former leases

   
128.   Extension of time

   
129.   Consolidated exploration agreement

   
130.   Crown share abrogated

              PART III
PETROLEUM OPERATIONS

   
131.   Definitions

 
131.1   Purpose

   
132.   Application

 
132.1   Designation

 
132.2   Minister may approve board

   
133.   Prohibition

 
133.1   Delegation of board's powers

   
134.   Licences and authorizations

 
134.1   Environmental assessment

 
134.2   Participant funding program

 
134.3   Right of entry

 
134.4   Safety

 
134.5   Net environmental benefit

 
134.6   Compliance with certain provisions

   
135.   Approval of approach

 
135.1   Declaration by applicant and board

 
135.2   Certificate

   
136.   Designation

 
136.1   Orders

 
136.2   Title to petroleum

   
137.   Oil and Gas Committee

   
138.   Qualification of members

   
139.   Interest in petroleum properties

   
140.   Quorum and powers of board

   
141.   Jurisdiction

   
142.   Appointing member to hold inquiry

   
143.   Advisory functions

   
144.   Enforcement of committee orders

   
145.   Regulatory power

   
146.   Equivalent standards

   
147.   Guidelines and interpretation notes

   
148.   Production orders

   
149.   Waste prohibited

   
150.   Prevention of waste

   
151.   Giving effect to order

   
152.   Appeal to committee

   
153.   Waste by failure to utilize petroleum, etc.

   
154.   Order

   
155.   Definitions re petroleum spills

   
156.   Spills prohibited

 
156.1   Spill-treating agent

 
156.2   Scientific research

   
157.   Recovery of loss, etc.

 
157.1   Proof of financial resources

   
158.   Financial responsibility

 
158.1   Lesser amount

   
159.   Review committee

   
160.   Fishermen's compensation

   
161.   Inquiries

   
162.   Definitions

   
163.   Voluntary pooling

   
164.   Pooling order

   
165.   Effect of pooling order

   
166.   Application to alter pooling order

   
167.   Prohibition

   
168.   Unitization

   
169.   Requiring unitization to prevent waste

   
170.   Who may apply for unitization order

   
171.   Contents of unitization application

   
172.   Hearing on application

   
173.   Effective date of unitization order

   
174.   Technical defects in order

   
175.   Amending the order

   
176.   Protection of tract participation ratios

   
177.   Production prohibited except in accord with unitization order

   
178.   How percentages of interests to be determined

   
179.   Pooled spacing unit included

   
180.   Orders and decisions final

   
181.   Stated case for Supreme Court

   
182.   Board may review orders of committee

   
183.   Appeal to Supreme Court

   
184.   Officers

   
185.   Powers of officers

 
185.1   Reports provided to                      holder of authorization

 
185.2   Entering living quarters

   
186.   Certificate to be produced

   
187.   Assistance to officers

   
188.   Obstruction of officers

 
188.1   Warrants

 
188.2   Storage and removal

   
189.   Powers of operational safety officer

 
189.1   Priority of orders

 
189.2   Installation manager

   
190.   Offences

 
190.1   Offence by corporation

 
190.2   Rep. by 2015 c6 s1

 
190.3   Rep. by 2015 c6 s1

 
190.4   Rep. by 2015 c6 s1

 
190.5   Rep. by 2015 c6 s1

 
190.6   Recovery of fines and amounts

   
191.   Rep. by 1992 c15 s32

   
192.   Order of court

 
192.1   Variation of sanctions

 
192.2   Subsequent applications with leave

 
192.3   Recovery of fines and amounts

   
193.   Continuing offences

   
194.   Rep. by 1992 c15 s33

   
195.   Limitation period

   
196.   Evidence

   
197.   Jurisdiction of judge or justice

   
198.   Action to enjoin not prejudiced by prosecution

 
198.1   Information

 
198.2   Regulations

 
198.3   Powers

 
198.4   Commission of violation

 
198.5   Liability of directors, officers, etc.

 
198.6   Proof of violation

 
198.7   Issuance and service of notice of violation

 
198.8   Certain defences not available

 
198.9   Continuing violation


198.10   Violation or offence


198.11   Limitation period


198.12   Right to request review


198.13   Correction or cancellation of notice of violation


198.14   Review


198.15   Object of review


198.16   Burden of proof


198.17   Payment


198.18   Failure to act


198.19   Debt due the Crown


198.20   Certificate


198.21   Admissibility of documents


198.22   Publication

   
199.   Regulations

   
200.   Application

   
201.   Operating licences, authorizing, etc.

              PART III.1
OCCUPATIONAL HEALTH AND SAFETY

 
201.1   Interpretation

 
201.2   Crown bound

 
201.3   Application

 
201.4   Application of Newfoundland and Labrador social legislation

 
201.5   Application of Labour Relations Act

 
201.6   Purpose

 
201.7   Allocation of responsibility

 
201.8   Operator's duty to establish occupational health and safety policy

 
201.9   Operator's duty to take reasonable measures


201.10   Specific duties of operator - workplace


201.11   Specific duties of operator - passenger craft


201.12   Occupational health and safety management system - operator


201.13   Operator's code of practice


201.14   Accidents and occupational diseases


201.15   Employer's duty to take reasonable measures


201.16   Specific duties of employers


201.17   Occupational health and safety program - employer


201.18   Employer's code of practice


201.19   Specific duties of employers- hazardous materials


201.20   Employer to provide information in emergency


201.21   Supervisor's duty to take reasonable measures


201.22   Specific duties of supervisor


201.23   Employee's duty to take reasonable measures


201.24   Specific duties of employee- workplace


201.25   Specific duties of employee - passenger craft


201.26   Limitation of liability-employee


201.27   Supplier's duty to take reasonable measures


201.28   Specific duties of supplier


201.29   Provider of services' duty to take  reasonable measures


201.30   Specific duties of provider of services


201.31   Duty of owner


201.32   Duty of interest holder


201.33   Duties of directors and officers


201.34   Communication of information - operator


201.35   Communication of information - employer


201.36   Chief safety officer information


201.37   Provision of information to committees


201.38   Editing of reports


201.39   Response to request for information


201.40   Establishment, functions and duties of workplace committee


201.41   Workplace committee


201.42   Occupational health and safety coordinator


201.43   Special committees


201.44   Response to recommendations of committee


201.45   Workplace monitoring


201.46   Reporting of occupational health and safety concerns


201.47   Right to refuse


201.48   Opportunity to explain reasons for refusal


201.49   Assignment of equivalent work


201.50   Compensation or equivalent work for other employees


201.51   Refusal to be transported


201.52   Assignment of equivalent work


201.53   Pregnant or nursing employees


201.54   Reassignment and job modification


201.55   Employer's obligations and rights of employees


201.56   Reprisal action


201.57   Application by employee


201.58   Notice of decision to dismiss


201.59   Orders


201.60   Application by employer or provider of services


201.61   Notice of decision to dismiss


201.62   Notice of decision


201.63   Activities of board


201.64   Guidelines and interpretation notes


201.65   Application for an authorization


201.66   Substitutions-workplace


201.67   Substitutions-passenger craft


201.68   Occupational health and safety officers


201.69   Special officers


201.70   Powers of occupational health and safety officers


201.71   Reports of health and safety officer


201.72   Entering living quarters


201.73   Assistance to officers


201.74   False statements of information


201.75   Obstruction


201.76   Accompaniment of health and safety officer


201.77   Warrants


201.78   Storage and removal


201.79   Non-disturbance of scene


201.80   Provision of information


201.81   Information not to be disclosed


201.82   Non-disclosure of identity


201.83   Non-disclosure of trade secrets and information on hazardous products and material


201.84   Disclosure of information


201.85   Access to information by governments


201.86   Disclosure by board


201.87   Privilege


201.88   Protection from liability


201.89   Order to terminate contravention


201.90   Dangerous situation order


201.91   Copy of order


201.92   Compliance notice


201.93   Priority of order


201.94   Posting and providing of certain documents


201.95   Review of occupational health and safety officer's decision


201.96   Review by chief safety officer


201.97   Appeal to labour relations board


201.98   Compensation of employees


201.99   Enforcement of orders


201.100 Offences


201.101 Offence by corporation


201.102 Imprisonment precluded in certain cases


201.103 Orders of court


201.104 Variation of order


201.105 Subsequent applications with leave


201.106 Recovery of fines and amounts


201.107 Order to comply


201.108 Continuing offences


201.109 Limitation period


201.110 Evidence


201.111 Jurisdiction of  judge


201.112 Action to enjoin not prejudiced by prosecution


201.113 Information


201.114 Advisory council


201.115 Auditor


201.116 Inquiries


201.117 Definitions


201.118 Use not mandatory


201.119 Electronic document


201.120 Regulations

              PART IV
Rep. by 2015 c6 s24

   
202.   Rep. by 2015 c6 s24

   
203.   Rep. by 2015 c6 s24

   
204.   Rep. by 2015 c6 s24

   
205.   Rep. by 2015 c6 s24

   
206.   Rep. by 2015 c6 s24

              PART V
GENERAL PROVISIONS, TRANSITIONAL AND COMMENCEMENT

   
207.   Agreements under federal Act

   
208.   Initial payment to environmental studies fund during transitional period


WHEREAS the Government of Canada and the Government of Newfoundland and Labrador have entered into the Atlantic Accord and have agreed that neither government will introduce amendments to this Act or regulations made under this Act without the consent of both governments:

Short title

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

1986 c37 s1; 2001 cN-3.1 s2

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Definitions

        2. In this Act

             (a)  "Atlantic Accord" means the memorandum of agreement between the Government of Canada and the government of the province on offshore petroleum resource management and revenue sharing dated February 11, 1985, and includes amendments to the memorandum of agreement;

             (b)  "board" means the Canada-Newfoundland and Labrador Offshore Petroleum Board referred to in section 9;

             (c)  "Canada-Newfoundland and Labrador benefits plan" means a plan submitted under subsection 45(2);

             (d)  "chief executive officer" means the chief executive officer of the board appointed under section 24;

             (e)  "development plan" means a plan submitted under subsection 135(2) for the purpose of obtaining approval of the general approach of developing a pool or field as proposed in the plan;

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

             (g)  "federal government" means the Governor in Council;

             (h)  "federal minister" means the Minister of Natural Resources of Canada or another minister of the Crown in right of Canada that may be designated under the laws of Canada as the minister responsible for the federal Act;

              (i)  "field"

                      (i)  means a general surface area underlain or appearing to be underlain by 1 or more pools, and

                     (ii)  includes the subsurface regions vertically beneath the general surface area referred to in subparagraph (i);

              (j)  "former regulations" means the Canada Oil and Gas Land Regulations made under the Public Lands Grants Act (Canada ) and the Territorial Lands Act (Canada ) and includes orders made under those regulations;

             (k)  "fundamental decision" means a decision made by the board 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 31 to 40;

              (l)  "gas" means natural gas and includes all substances, other than oil, that are produced in association with natural gas;

           (m)  "government" means the federal government, the provincial government or both, as the context requires;

             (n)  "minister" means the federal minister, the provincial minister or both, as the context requires;

             (o)  "offshore area" means those submarine areas lying seaward of the low water mark of the province and extending, at any point, as far as

                      (i)  a prescribed line, or

                     (ii)  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;

             (p)  "oil" means

                      (i)  crude oil regardless of gravity produced at a well-head in liquid form, and

                     (ii)  other hydrocarbons, except coal and gas, and hydrocarbons that may be extracted or recovered from deposits of oil sand, bitumen, bituminous sand, oil shale or from other types of deposits on the seabed or subsoil of the seabed of the offshore area;

             (q)  "petroleum" means oil or gas;

              (r)  "pool" means a natural underground reservoir containing or appearing to contain an accumulation of petroleum that is separated or appears to be separated from other such accumulations;

             (s)  "provincial government" means the Lieutenant-Governor in Council;

              (t)  "provincial minister" means, except as provided for the purpose of Part III.1, the minister of the Crown in right of the province who the Lieutenant-Governor in Council may by order designate as the provincial minister for the purpose of this Act; and

             (u)  "spill-treating agent", except in section 156.2, means a spill-treating agent that is on the list established under section 14.2 of the Canada Oil and Gas Operations Act .

1986 c37 s2; 2001 cN-3.1 s2; 2013 c3 s1; 2015 c6 s1

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Construction

        3. This Act shall not be interpreted as providing a basis for a claim by or on behalf of Canada in respect of an interest in or legislative jurisdiction over an offshore area or a living or non-living resource of an offshore area within the jurisdiction of the province.

1986 c37 s3

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Precedence over other Acts

        4. (1) In case of an inconsistency or conflict between

             (a)  this Act or regulations made under this Act; and

             (b)  any other Act of the legislature that applies to the offshore area or regulations made under that Act,

this Act and the regulations made under this Act take precedence.

             (2)  Notwithstanding subsection (1), this Act and regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act.

1986 c37 s4; 1992 c15 s1; 2005 c19 s1

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Regulations re offshore

        5. (1) Subject to the approval of the provincial minister, the Governor in Council may make regulations prescribing lines enclosing areas adjacent to the province for the purpose of paragraph 2(o).

             (2)  The federal 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 federal 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.

1986 c37 s5; 2013 c3 s2

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Disputes between neighbouring provinces

        6. (1) In this section

             (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 carried out on any frontier lands; and

             (b)  "frontier lands" means lands that belong to Her Majesty in right of Canada , or in respect of which the Crown in right of Canada has the right to dispose of or exploit the natural resources and that are situated in

                      (i)  Yukon , the Northwest Territories , Nunavut or Sable Island , or

                     (ii)  those submarine areas, not within a province, adjacent to the coast of Canada and extending throughout the natural prolongation of the land territory of Canada to the outer edge of the continental margin or to a distance of two hundred nautical miles from the baselines from which the breadth of the territorial sea of Canada is measured, whichever is the greater.

             (2)  Where a dispute between the province and another province that is a party to an agreement arises in relation to a line or portion of a line prescribed or to be prescribed for the purpose of the definition "offshore area" in paragraph 2(o) and the Government of Canada is unable, by means of negotiation, to bring about a resolution of the dispute within a reasonable time, the dispute shall, at the time that the federal minister considers appropriate, be referred to an impartial person, tribunal or body and settled by means of the procedure determined in accordance with subsection (3).

             (3)  For the purpose of this section, the person, tribunal or body to which a dispute is to be referred, the constitution and membership of a tribunal or body and the procedures for the settlement of a dispute shall be determined by the federal minister after consultation with the provinces concerned in the dispute.

             (4)  Where the procedure for the settlement of a dispute under this section involves arbitration, the arbitrator shall apply the principles of international law governing maritime boundary delimitation, with the modifications that the circumstances require.

             (5)  Notwithstanding section 7 of the federal Act, where a dispute is settled under this section and a regulation under subsection 5(1) prescribing the line in relation to which the dispute arose is made in accordance with the settlement, the regulation is not subject to the procedure set out in section 7 of the federal Act with respect to the portion of the line to which the dispute related.

1986 c37 s6; 2013 c3 s3

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Approval of federal minister before making of regulations

        7. (1) Before a regulation is made under section 29.1, subsection 41(7), section 63, subsection 66(2), sections 114, 118, 121 or 145, subsection 155(4), subsections 157(2.3), 158(1.2) 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.

             (2)  Before a regulation is made under subsection 201.1(4) or (5) or subsection 201.120(1), the provincial minister as defined in Part III.1 shall consult the federal minister with respect to the proposed regulation and a regulation shall not be made without the approval of that minister.

2013 c3 s4; 2015 c6 s2

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Application

        8. (1) This Act applies within the offshore area.

             (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.

1986 c37 s8; 1992 c15 s2

PART I
JOINT MANAGEMENT

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Jointly established board

        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 Petroleum Board.

             (2)  The board shall be treated as having been established under a law of the province.

             (3)  The board has the legal powers and capacities of a corporation incorporated under theCanada Business Corporations Act (Canada ), including those set out in section 20 of the Interpretation Act.

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

1986 c37 s9; 2001 cN-3.1 s2

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Members of board

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

             (2)  Three members of the board are to be appointed by the federal government, 3 by the provincial government and the chairperson of the board is to be appointed by both the federal government and the provincial government.

             (3)  One or 2 members of the board may be designated to be vice-chairpersons of the board if they are so designated by both the federal government and the provincial government.

             (4)  The designation of a vice-chairperson of the board under subsection (3) is effective after both governments have each made the designation.

             (5)  Each government may appoint 1 alternate member to act as a member of the board in the absence of a member of the board appointed by that government.

             (6)  Notwithstanding subsection (2) or (5), a member or alternate member of the board may be appointed by both the federal government and the provincial government.

1986 c37 s10

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Qualifications of members

      11. (1) A member of the board shall not, during the term of office of that member on the board, be employed in the public service of Canada or be an employee of the province.

             (2)  In this section, "public service of Canada " has the same meaning as in the federal Act.

1986 c37 s11

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Consultation and appointment of chairperson

      12. (1) Consultation between the 2 governments with respect to the selection of the chairperson of the board shall be considered to begin

             (a)  6 months before the expiration of the term of office of the incumbent chairperson; or

             (b)  where applicable, on the date of receipt by the board of notice of the death, resignation or termination of appointment of the incumbent chairperson,

whichever occurs earlier.

             (2)  Where the 2 governments fail to agree on the appointment of the chairperson of the board within 3 months after the beginning of consultation between the governments, the chairperson shall be selected by a panel, consisting of 3 members and constituted in accordance with this section, unless, prior to the selection of the chairperson by the panel, the 2 governments agree on the appointment.

             (3)  One member of the panel shall be appointed by each government within 30 days after the 3 months referred to in subsection (2).

             (4)  The chairperson of the panel shall be appointed

             (a)  jointly by the 2 members of the panel appointed under subsection (3) within 30 days after the later of the 2 appointments made under that subsection; or

             (b)  where the 2 members of the panel fail to agree on the appointment of the chairperson of the panel within the 30 day period referred to in paragraph (a), by the Chief Justice of Newfoundland and Labrador within 30 days after the expiration of that period.

             (5)  The chairperson of the board shall be selected by the panel within 60 days after the appointment of the chairperson of the panel.

             (6)  The decision of the panel selecting a chairperson of the board is final and binding on both governments.

1986 c37 s12; 2001 cN-3.1 s2

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Terms and conditions of appointments

      13. (1) The salary and other terms and conditions of the appointment of the chairperson of the board or other members or alternate members appointed by both governments, including the effective date of the appointment, shall be fixed by an order of the federal government and an order of the provincial government after agreement has been reached by both governments on the salary and other terms and conditions.

             (2)  The salary and other terms and conditions of the appointment of a member appointed by either the federal government or the provincial government shall be agreed on by both governments.

1986 c37 s13

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Absence or incapacity of chairperson

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

1986 c37 s14

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Term of office

      15. (1) The 1st chairperson of the board shall be appointed for a term of 7 years.

             (2)  The 1st 3 members of the board to be appointed by each government shall be appointed for terms of 4, 5 and 6 years, respectively.

             (3)  On the expiration of the initial terms of office referred to in subsections (1) and (2), the chairperson and members of the board shall be appointed for terms of 6 years.

             (4)  A member of the board, including the chairperson, shall hold office during good behaviour, but may be removed for cause

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

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

             (5)  On the expiration of a term of office, the chairperson or a member of the board is eligible for reappointment.

1986 c37 s15

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Conflict of interest and insurance

      16. (1) Members of the board, including the chairperson, and the chief executive officer appointed under subsection 24(1) shall be subject to conflict of interest guidelines established jointly by the federal minister and provincial minister and are not subject to conflict of interest guidelines established by the provincial government.

             (2)  The board shall purchase and maintain insurance for the benefit of a person who is a present or former member, officer or employee of the board, and the heirs and legal representatives of that person, against any liability incurred by that person in the capacity of such a member, officer or employee, except where the liability relates to a failure to act honestly and in good faith with regard to the best interests of the board.

             (3)  For greater certainty, the expenditures of the board associated with purchasing and maintaining the insurance referred to in subsection (2) shall form part of the budget or revised budget of the board in respect of a fiscal year.

             (4)  Notwithstanding subsection (2), where the board has established to the satisfaction of the provincial minister the impossibility of purchasing and maintaining the insurance referred to in subsection (2), the government of the province shall indemnify a person who is a present or former member, officer or employee of the board, or the heirs or legal representatives of that person, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred in respect of a civil, criminal or administrative action or proceeding to which that person is a party by reason of being or having been such a member, officer or employee, where that person

             (a)  acted honestly and in good faith with a view to the best interests of the board; and

             (b)  in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, believed, on reasonable grounds, that the conduct in issue was lawful.

             (5)  Where the board has purchased and maintained insurance referred to in subsection (2), the government of the province shall indemnify a person referred to in that subsection, or the heirs or legal representatives of that person, for any liability incurred by that person in accordance with this section to the extent that the insurance purchased for the benefit of that person does not cover that liability.

             (6)  The government of the province is not obliged to indemnify anyone under subsection (4) against an amount paid to settle an action unless the amount so paid was approved by the government of the province.

             (7)  Where the Government of Canada has indemnified a person referred to in subsection (4), or the heirs or legal representatives of that person, under section 16 of the federal Act, the government of the province may pay to the Government of Canada 1/2 of the amount so indemnified.

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

1986 c37 s16; 1987 c25 s1

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Functions of board

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

             (2)  The board may make recommendations to both governments with respect to proposed amendments to this Act, the federal Act and regulations made under those Acts.

1986 c37 s17

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Access to information by governments

      18. (1) The federal minister and the provincial minister are entitled to access to information or documentation relating to petroleum resource 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.

             (2)  Notwithstanding section 28, section 115 applies, with the modifications that the circumstances require, in respect of a disclosure of information or documentation or the production or giving of evidence relating to information or documentation by a minister as if the references in that section to the administration or enforcement of a Part of this Act included references to the administration or enforcement of the federal Act or a Part of the federal Act.

1986 c37 s18

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Meetings of board

      19. A meeting of the board shall be held

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

             (b)  at other times

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

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

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

1986 c37 s19

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Quorum and majority vote

      20. (1) Four members constitute a quorum of the board.

             (2)  Where, in the absence of unanimous agreement, a vote is required to be taken in respect of a decision of the board, the decision shall be made on the basis of a majority vote of the members of the board.

1986 c37 s20

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Location of offices and staff

      21. The principal office and staff of the board shall be located in the province.

1986 c37 s21

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Storage of information

      22. The board shall establish, maintain and operate a facility in the province for the storage and curatorship of all geophysical records and geological and hydrocarbon samples relating to the offshore area.

1986 c37 s22

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By-laws and guidelines

      23. Subject to the Atlantic Accord, the board may

             (a)  make by-laws respecting

                      (i)  the members, officers and employees of the board,

                     (ii)  the attendance and participation, including voting rights, at meetings of the board of alternate members of the board appointed under subsection 10(5),

                    (iii)  the manner of appointing the officers and employees of the board on the basis of merit, including the holding of open competitions for appointing the officers and employees,

                    (iv)  the procedures to be followed in the performance of the duties and functions of the board,

                     (v)  the conduct of meetings of the board,

                    (vi)  the manner of dealing with matters and business before the board, and

                   (vii)  generally, the carrying on of the work of the board and the management of internal affairs of the board; and

             (b)  establish conflict of interest guidelines respecting persons employed by the board under subsection 25(1).

1986 c37 s23

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Chief executive officer

      24. (1) There shall be a chief executive officer of the board who,

             (a)  where both the federal government and the provincial government appoint the chairperson as chief executive officer, is chairperson of the board; or

             (b)  in other cases, is to be appointed by the board by means of an open competition.

             (2)  The appointment of a chief executive officer under paragraph (1)(b) is subject to the approval of both governments.

             (3)  Where either government fails to make an appointment under paragraph (1)(a) or to approve the appointment of a chief executive officer under paragraph (1)(b), the chief executive officer shall be appointed by both the federal government and the provincial government after having been selected in accordance with section 12 and that section applies, with the modifications that the circumstances require, to the selection of the chief executive officer.

             (4)  Subsection 13(1) applies, with the modifications that the circumstances require, to the appointment of the chief executive officer under paragraph (1)(a) or subsection (3).

             (5)  The board shall designate a person to act as chief executive officer during an absence or incapacity of that officer or vacancy in the office of chief executive officer and that person, while acting as chief executive officer, has and may exercise the powers and perform the duties and functions of that office.

1986 c37 s24

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Staff of the board

      25. (1) The board 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 board under this Act and the Atlantic Accord.

             (2)  A person employed under subsection (1) shall be appointed on the basis of merit.

             (3)  Except as provided in subsections (4) and (5), a person employed under subsection (1) is considered not to be employed in the public service of Canada or of the province.

             (4)  Notwithstanding the Public Service Commission Act, for the purpose of being eligible to enter competitions under that Act and for the purpose of section 12 of that Act, a person who, immediately before becoming employed by the board, was employed in the public service of the province shall be considered to be a person employed in the public service in the province in a position of an occupational nature and at a level equivalent to the position in which that person is employed by the board.

             (5)  Notwithstanding the Public Service Commission Act, for the purpose of being eligible to enter competitions under that Act and for the purpose of section 12 of that Act, a person who, immediately before becoming employed by the board, was not employed in the public service of the province shall, 2 years after becoming employed by the board, be considered to be a person employed in the public service of the province in a position of an occupational nature and at a level equivalent to the position in which that person is employed by the board.

1986 c37 s25

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Auditor

      26. The board shall appoint an auditor of the board, for the term that is set by the board, for the purposes of auditing the financial statements of the board.

1986 c37 s26

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Audit and evaluation committee

   26.1 (1) The board shall appoint an audit and evaluation committee consisting of at least 3 members of the board and fix the duties and functions of the committee and may, by by-law, provide for the payment of expenses to the members of the committee.

             (2)  In addition to other duties and functions that it is required to perform, the audit and evaluation committee shall cause internal audits to be conducted to ensure that the officers and employees of the board act in accordance with management systems and controls established by the board.

2013 c3 s5

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Budget and appropriation

      27. (1) The chief executive officer shall, in respect of each financial year, prepare a budget for the board sufficient to permit the board to properly exercise its powers and perform its duties and functions.

             (2)  Following approval of the budget by the board, the budget shall be submitted to the federal minister and the provincial minister, at the time that may be specified by each minister, for their consideration and approval.

             (3)  Where it appears that the actual aggregate of the expenditures of the board in respect of a financial year is likely to be substantially greater or less than that estimated in its budget in respect of that financial year, the board shall submit to both ministers for their consideration and approval a revised budget in respect of that financial year containing the particulars that may be requested by either minister.

             (4)  The provincial government shall pay 1/2 of the aggregate of the expenditures set out in the budget or revised budget, where applicable, submitted and approved under this section in respect of each financial year.

             (5)  Subject to another Act of the Legislature that appropriates money for the payment required by subsection (4), the sums required for that payment shall be paid out of the Consolidated Revenue Fund as required.

1986 c37 s27

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Access to books and accounts

      28. Both the federal minister and the provincial minister are entitled to have access to the books and accounts of the board.

1986 c37 s28

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Annual report

      29. (1) The board shall, in respect of each financial year, prepare a report and submit it to the federal minister and the provincial minister not later than 90 days after the expiration of that financial year.

             (2)  Each annual report submitted under subsection (1) shall contain an audited financial statement and a description of the activities of the board, including those relating to occupational health and safety, during the financial year covered by the report.

             (3)  The provincial minister shall lay the report referred to in this section before the House of Assembly within the 1st 15 days during which the House of Assembly is sitting after the day the report is submitted to the provincial minister.

             (4)  Where it is not possible to lay the report before the House of Assembly within 30 days after the day the report is submitted to the provincial minister, the provincial minister shall publish that report within that 30 day period.

1986 c37 s29; 2013 c3 s6

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Regulations

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

             (a)  the fees or charges, or the method of calculating the fees or charges, to be paid for the provision, by the board, of a service or a product under this Act;

             (b)  the fees or charges, or the method of calculating the fees or charges, in respect of any of the board's activities under this Act or under the Canadian Environmental Assessment Act, 2012, that are paid by

                      (i)  a person who makes an application for an authorization under paragraph 134(1)(b) 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); and

             (c)  the refund of all or part of a fee or charge referred to in paragraph (a) or (b), or the method of calculating that refund.

             (2)  The amount of the fees or charges referred to in paragraph (1)(a) shall not exceed the cost of providing the services or products.

             (3)  The amounts of the fees or charges referred to in paragraph (1)(b) shall not exceed the cost of the board's activities under this Act or under the Canadian Environmental Assessment Act, 2012 .

2015 c6 s3

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Remittance of fees and charges

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

2013 c3 s7

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Board's decision final

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

1986 c37 s30

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Notice of fundamental decisions and advice by ministers

      31. (1) Where a fundamental decision is made by the board, the board shall, immediately after making the decision, give written notice of that decision to the federal minister and the provincial minister.

             (2)  Within 30 days after receipt of a notice of a fundamental decision under subsection (1), the federal minister and the provincial minister shall each advise, in writing, the board and each other whether that minister approves or disapproves that decision and where the board does not receive the advice within those 30 days, the board shall be considered, for the purposes of section 32, to be advised, in writing, on the expiration of that period, of the approval of that decision by that minister.

1986 c37 s31

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Conditions for implementation

      32. (1) A fundamental decision shall not be implemented unless the board is advised, in writing, that

             (a)  both the federal minister and the provincial minister approve that decision; or

             (b)  in another case, the minister having authority in relation to that decision, as determined under section 34, approves that decision and, where the other minister has exercised the power to suspend the approval of that decision under section 39,

                      (i)  the period of suspension referred to in that section has expired, or

                     (ii)  agreement is reached between both ministers to approve that decision,

whichever occurs first.

             (2)  Where the conditions referred to in subsection (1) have been satisfied in respect of a fundamental decision, that decision shall be implemented immediately by the board.

1986 c37 s32

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Definitions re ss.34 to 37

      33. In this section and sections 34 to 37

             (a)  "security of supply", in respect of any period, means the anticipation of self-sufficiency during each of the 5 calendar years in that period, taking into account the aggregate of anticipated additions to productive capacity and anticipated adjustments to refining capacity;

             (b)  "self-sufficiency" means a volume of suitable crude oil and equivalent substances available from domestic Canadian hydrocarbon producing capacity that is adequate to supply the total feedstock requirements of Canadian refineries necessary to satisfy the total refined product requirements of Canada, excluding those feedstock requirements necessary to produce specialty refined products; and

             (c)  "suitable crude oil and equivalent substances" mean those substances that are appropriate for processing in Canadian refineries and that are potentially deliverable to Canadian refineries.

1986 c37 s33

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Self-sufficiency and security of supply

      34. (1) Where, in respect of a period referred to in subsection 35(2) or (3), a determination is made that self-sufficiency and security of supply do not exist, the federal minister has authority in relation to a fundamental decision, other than a fundamental decision referred to in subsection (2), made during that period.

             (2)  The provincial minister has authority in relation to a fundamental decision referred to in paragraph 135(4)(a).

             (3)  Notwithstanding subsection (2), where the approval or disapproval by the provincial minister of a fundamental decision referred to in paragraph 135(4)(a) would unreasonably delay the attainment of self-sufficiency or security of supply, the federal minister may substitute for the approval or disapproval of the provincial minister the approval or disapproval of the federal minister, and where the federal minister does so, that minister shall, for the purposes of this Act, be considered to have authority in relation to that fundamental decision.

             (4)  Where, in respect of a period referred to in subsection 35(3), a determination is made that self-sufficiency and security of supply exists, the provincial minister has authority in relation to a fundamental decision made during that period.

1986 c37 s34

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Determination binding

      35. (1) Where a determination referred to in subsection 34(1) or (4) is made by both governments or by a panel under section 36 or 37 or is considered to have been made under subsection (2), it is final and binding for the duration of the period in respect of which it is made.

             (2)  For the purpose of section 34, the 1st period shall begin on January 1, 1986 and end on December 31, 1990 and, in respect of that period, a determination shall be considered to have been made, for all purposes of this Act, that self-sufficiency and security of supply do not exist.

             (3)  For the purpose of section 34, each period following the period referred to in subsection (2) shall begin on the expiration of the period immediately preceding that period and shall be for a duration of 5 successive calendar years.

1986 c37 s35

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Where no agreement on determinations re self-sufficiency

      36. (1) Consultation between the 2 governments with respect to the making of a determination referred to in subsection 34(1) or (4) shall be considered to begin 1 year before the expiration of every period in respect of which such a determination is made.

             (2)  Where the 2 governments fail to agree on a determination referred to in subsection (1) within the 3 months following the beginning of consultation between the governments, the determination shall be made by a panel consisting of 3 members, constituted in accordance with subsections 12(3) and (4), within 60 days after the appointment of the chairperson of the panel unless, at a time prior to that time, the 2 governments agree on the determination.

1986 c37 s36

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Determination of unreason-able delay

      37. (1) Where, within 60 days after an approval or disapproval by the provincial minister under subsection 34(2), the 2 governments fail to agree whether the approval or disapproval would unreasonably delay the attainment of self-sufficiency or security of supply, that determination shall be made by a panel consisting of 3 members constituted in accordance with subsection (2), within 45 days after the appointment of the chairperson of the panel.

             (2)  For the purposes of subsection (1), 1 member of the panel shall be appointed by each government within 30 days after the 60 days referred to in subsection (1) and the chairperson of the panel shall be appointed in accordance with subsection 12(4) and for that purpose, subsection 12(4) applies, with the modifications that the circumstances require.

1986 c37 s37

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Determination not subject to review

      38. Where a determination referred to in section 36 or 37 is made by a panel under that section, that determination is not subject to be reviewed or set aside by a government, court or other body.

1986 c37 s38

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Suspensive vetoes

      39. (1) The minister who does not have authority in relation to a fundamental decision, as determined under section 34, may, on giving written notice to the board and the minister who has the authority, suspend, during a period of 90 days, the approval of the fundamental decision by the minister who has that authority.

             (2)  The period of 90 days referred to in subsection (1) begins on the day the board is advised, in accordance with section 31, of the approval of the fundamental decision by the minister having authority in relation to the fundamental decision.

1986 c37 s39

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Supply shortfall

      40. (1) Notwithstanding another provision of this Act, in the event of a sudden domestic or import supply shortfall of suitable crude oil and equivalent substances, the board shall, on request by the federal minister, increase production of suitable crude oil and equivalent substances, consistent with good oil field practice.

             (2)  Where the Government of Canada has obligations with respect to the allocation of petroleum under the Agreement On An International Energy Program dated November 18, 1974, the board shall, where directed to do so by the federal minister and during the period that those obligations continue, take the measures that are necessary to comply with those obligations and that are fair and equitable in relation to other hydrocarbon producing regions of Canada.

1986 c37 s40

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Regional security of supply

      41. (1) For the purposes of this section "shortfall of petroleum deliveries in the province" means deliveries of petroleum that are inadequate to supply, on commercial terms,

             (a)  the end-use consumption and feedstock requirements of industrial facilities that are in place in the province on April 4, 1987;

             (b)  the feedstock requirements of the refining facilities existing at Come-by-Chance if those facilities were operating at capacity on April 4, 1987 or a refining facility constructed in the province to replace those facilities; or

             (c)  the feedstock requirements of a refining facility located in the province that was not in place on April 4, 1987, other than a facility referred to in paragraph (b), where the feedstock requirements required to satisfy the demand of industrial capacity, on April 4, 1987, in the Provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador have been met.

             (2)  Where there is a shortfall of petroleum deliveries in the province, the provincial minister may, after consulting with the federal minister, give notice to holders of production licences in the offshore area that the facilities in paragraphs (1)(a), (b) and (c) that are specified in the notice have, during the term of the notice, the 1st option to acquire, on commercial terms, petroleum produced in the offshore area unless a sales contract with respect to that petroleum has been entered into before the giving of the notice.

             (3)  A contract entered into after the giving of the notice referred to in subsection (2) shall be considered to be varied or suspended to the extent necessary to give effect to that notice.

             (4)  The term of a notice given under subsection (2) is the period during which a shortfall of petroleum deliveries in the province continues to exist.

             (5)  Where the federal minister or a holder of a production licence to whom a notice has been given under subsection (2) does not agree with the provincial minister that a shortfall of petroleum deliveries in the province exists or continues to exist, the matter shall be referred to arbitration in the manner prescribed.

             (6)  Where it is determined as a result of arbitration that a shortfall of petroleum deliveries in the province does not exist or continue to exist, the notice given under subsection (2) shall be considered to be revoked and stops having effect on the date on which the determination is made.

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

             (a)  defining the expression "commercial terms" or providing for arbitration to establish commercial terms in a particular case;

             (b)  governing, for the purposes of this section, arbitration and the making of arbitration orders and appeals from and enforcement of arbitration orders;

             (c)  prescribing the manner of exercising a first option to acquire that is granted under a notice given under subsection (2); and

             (d)  to give effect to the purpose of this section.

1986 c37 s41; 2001 cN-3.1 s2; 2013 c3 s8

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Ministerial directives

      42. (1) The federal minister and the provincial minister may jointly issue to the board written directives in relation to

             (a)  fundamental decisions;

             (b)  decisions made by the board respecting the exercise of a power under paragraph 55(1)(b);

             (c)  public reviews conducted under section 44;

             (d)  Canada-Newfoundland and Labrador benefits plans and any of the provisions of those plans; and

             (e)  studies to be conducted by the board and advice with respect to policy issues to be given by the board to the federal minister and the provincial minister.

         (1.1)  The provincial minister as defined in Part III.1 and the federal minister may jointly issue written directives to the board respecting

             (a)  the development of guidelines and interpretation notes with respect to occupational health and safety matters; and

             (b)  the implementation of recommendations made by an auditor under section 201.115 or made following an inquiry under section 201.116.

             (2)  The board shall comply with a directive issued under this section.

             (3)  Directives issued under this section are not subordinate legislation for the purpose of the Statutes and Subordinate Legislation Act.

             (4)  When a directive is issued under this section, a notice shall be published in the Gazette that the directive has been issued and that the text of it is available for inspection by a person on request made to the board.

1986 c37 s42; 2001 cN-3.1 s2; 2013 c3 s9

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Plan for interest

      43. (1) During the 1st month of each calendar year, the board shall submit to the federal minister and the provincial minister a plan outlining the anticipated decisions of the board during that calendar year respecting calls for bids with respect to interests to be issued under Part II in relation to the portions of the offshore area and the issuing and terms and conditions of those interests.

             (2)  Where the minister having authority in relation to fundamental decisions, as determined under subsection 34(1) or (4), is of the opinion that a plan referred to in subsection (1) or (3) does not provide adequately for the attainment or maintenance of self-sufficiency and security of supply within the meaning of section 33, that minister may reject the plan and, where that minister does so, shall inform the board of the reasons for so doing.

             (3)  Where the board is informed of a minister's rejection of its plan and the reasons for the rejection, the board shall, within 60 days after being so informed, prepare a revised plan taking into account those reasons and submit the revised plan to the federal minister and the provincial minister.

1986 c37 s43

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Public review

      44. (1) Subject to a directive issued under subsection 42(1), the board shall conduct a public review in relation to a potential development of a pool or field unless the board is of the opinion that it is not required on a ground the board considers to be in the public interest.

             (2)  Where a public review is conducted in relation to a potential development of a pool or field, the board may

             (a)  establish terms of reference and a timetable that will permit a comprehensive review of all aspects of the development, including those within the authority of the Parliament of Canada or of the Legislature;

             (b)  appoint 1 or more commissioners and, where there is to be more than 1 commissioner, appoint as commissioners persons nominated by each of the governments in recognition of the authority of ministers of the Crown in right of Canada or of the province under an Act of the Parliament of Canada or of the Legislature, other than this Act or the federal Act, in relation to the development;

             (c)  where the potential development has been proposed to the board by a person, require that person to submit and make available for public distribution a preliminary development plan, an environmental impact statement, a socioeconomic impact statement, a preliminary Canada-Newfoundland and Labrador benefits plan and other plans specified by the board; and

             (d)  require the commissioners to hold public hearings in appropriate locations in the province or elsewhere in Canada and report on those hearings to the board, the federal minister and the provincial minister.

             (3)  On the request of the board, the provincial government may, subject to the terms and conditions that it considers necessary, confer on the commissioners appointed under paragraph (2)(b) the powers conferred on commissioners under thePublic Inquiries Act.

             (4)  The commissioners shall make their recommendations respecting a preliminary plan or statement submitted under paragraph (2)(c) within 270 days after their receipt of the plan or statement or a shorter period that may be set by the board.

1986 c37 s44; 2015 c6 s4

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Public hearing

   44.1 The board 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 as a responsible authority as defined in subsection 2(1) of the Canadian Environmental Assessment Act, 2012.

2015 c6 s5

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Confidentiality

   44.2 At a public hearing conducted under section 44.1, the board may take any measures and make any order that it considers necessary to ensure the confidentiality of any information likely to be disclosed at the hearing if the board is satisfied that

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

             (b)  the information is financial, commercial, scientific or technical information that is confidential information supplied to the board and

                      (i)  the information has been consistently treated as confidential information by a person directly affected by the hearing, and

                     (ii)  the person's interest in confidentiality outweighs the public interest in its disclosure.

2015 c6 s5

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Confidentiality - security

   44.3 At a public hearing conducted under section 44.1, the board may take any measures and make any order that it considers necessary to ensure the confidentiality of information that is likely to be disclosed at the hearing if the board is satisfied that

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

             (b)  the need to prevent disclosure of the information outweighs the public interest in its disclosure.

2015 c6 s5

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Exception

   44.4 The board shall not take any measures or make any order under section 44.2 or 44.3 in respect of information or documentation referred to in paragraphs 115(5)(a) to (e) and (i).

2015 c6 s5

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Canada- Newfoundland and Labrador benefits plan

      45. (1) In this section "Canada-Newfoundland and Labrador benefits plan" means a plan for the employment of Canadians and, in particular, members of the labour force of the province and, subject to paragraph (3)(d), for providing manufacturers, consultants, contractors and service companies in the province and other parts of Canada with a fair opportunity to participate on a competitive basis in the supply of goods and services used in a proposed work or activity referred to in the benefits plan.

             (2)  Before the board approves a development plan under subsection 135(4) or authorizes a work or activity under paragraph 134(1)(b), a Canada-Newfoundland and Labrador benefits plan shall be submitted to and approved by the board, unless the board directs that it is not necessary to comply with that requirement.

             (3)  A Canada-Newfoundland and Labrador benefits plan shall contain provisions intended to ensure that

             (a)  before carrying out any work or activity in the offshore area, the corporation or other body submitting the plan shall establish in the province an office where appropriate levels of decision-making are to take place;

             (b)  consistent with the Canadian Charter of Rights and Freedoms, individuals resident in the province shall be given 1st consideration for training and employment in the work program for which the plan was submitted and a collective agreement entered into by the corporation or other body submitting the plan and an organization of employees respecting terms and conditions of employment in the offshore area shall contain provisions consistent with this paragraph;

             (c)  expenditures shall be made for research and development to be carried out in the province and for education and training to be provided in the province; and

             (d)  1st consideration shall be given to services provided from within the province and to goods manufactured in the province, where those services and goods are competitive in terms of fair market price, quality and delivery.

             (4)  The board may require that a Canada-Newfoundland and Labrador benefits plan include provisions to ensure that disadvantaged individuals or groups have access to training and employment opportunities and to enable those individuals or groups or corporations owned or cooperatives operated by them to participate in the supply of goods and services used in a proposed work or activity referred to in the benefits plan.

             (5)  In reviewing a Canada-Newfoundland and Labrador benefits plan, the board shall consult with both ministers on the extent to which the plan meets the requirements set out in subsections (1), (3) and (4).

             (6)  Subject to a directive issued under subsection 42(1), the board may approve a Canada-Newfoundland and Labrador benefits plan.

1986 c37 s45; 1992 c15 s3; 2001 cN-3.1 s2; 2013 c3 s10

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Coordination

      46. (1) The board shall, to ensure effective coordination and avoid duplication of work and activities, conclude with the appropriate departments and agencies of the Government of Canada and of the government of the province memoranda of understanding in relation to

             (a)  environmental regulation;

             (b)  emergency measures;

             (c)  coastguard and other marine regulation;

          (c.1)  aviation regulation;

             (d)  employment and industrial benefits for Canadians in general and the people of the province in particular and the review and evaluation procedures to be followed by both governments and the board in relation to those benefits;

             (e)  occupational health and safety; and

             (f)  other matters that are appropriate.

             (2)  The federal minister and the provincial minister shall be parties to a memorandum of understanding concluded in relation to a matter referred to in paragraph (1)(d).

1986 c37 s46; 2013 c3 s11

PART II
PETROLEUM RESOURCES

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Interpretation

      47. (1) In this Part

             (a)  "call for bids" means a call for bids made in accordance with section 57;

             (b)  "commercial discovery" means a discovery of petroleum that has been demonstrated to contain petroleum reserves that justify the investment of capital and effort to bring the discovery to production;

             (c)  "commercial discovery area" means, in relation to a declaration of commercial discovery made under subsection 77(1) or (2), those portions of the offshore area described in the declaration;

             (d)  "Crown reserve area" means portions of the offshore area in respect of which no interest is in force;

             (e)  "former exploration agreement" means an exploration agreement under the Canada Oil and Gas Land Regulations;

             (f)  "former lease" means an oil and gas lease under the Canada Oil and Gas Land Regulations;

             (g)  "former permit" means an exploratory permit under the Canada Oil and Gas Land Regulations;

             (h)  "former special renewal permit" means a special renewal permit under the Canada Oil and Gas Land Regulations;

              (i)  "holder" and "interest holder" means, in respect of an interest or a share in an interest, the person indicated, in the register maintained under Division VII, as the holder of the interest or the share;

              (j)  "interest" means a former exploration agreement, former lease, former permit, former special renewal permit, exploration licence, production licence or significant discovery licence;

             (k)  "interest owner" means the interest holder who holds an interest or the group of interest holders who hold all of the shares in an interest;

              (l)  "prescribed" means

                      (i)  in the case of a form or the information to be given on a form, prescribed by the board, and

                     (ii)  in other cases, prescribed by regulations made by the Lieutenant-Governor in Council;

           (m)  "share" means, with respect to an interest, an undivided share in the interest or a share in the interest held in accordance with section 65;

             (n)  "significant discovery" means a discovery indicated by the 1st well on a geological feature that demonstrates by flow testing the existence of hydrocarbons in that feature and, having regard to geological and engineering factors, suggests the existence of an accumulation of hydrocarbons that has potential for sustained production; and

             (o)  "significant discovery area" means, in relation to a declaration of significant discovery made under subsection 70(1) or (2), those portions of the offshore area described in the declaration.

             (2)  Nothing in this Part shall be construed so as to abrogate or derogate from existing aboriginal and treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.

1986 c37 s47

DIVISION I
GENERAL

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Giving notice

      48. Where a notice is required to be given under this Part or the regulations, it shall be given in the form and manner that may be prescribed and shall contain the information that may be prescribed.

1986 c37 s48

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Binding on the Crown

      49. This Part is binding on the Crown in right of Canada or the province.

1986 c37 s49

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Delegation

      50. The board may designate a person to exercise the powers and perform the duties and functions under this Part that are specified in the designation and on the designation that person may exercise those powers and shall perform those duties and functions subject to the terms and conditions that are specified in the designation.

1986 c37 s50

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Advisory bodies

      51. (1) The board may appoint and fix the terms of reference of the advisory bodies that the board considers appropriate to advise the board with respect to the matters relating to the administration or operation of this Part or Part III that are referred to them by the board.

             (2)  The members of an advisory body appointed under subsection (1) may be paid for their services the remuneration and expenses that are fixed by the board.

1986 c37 s51

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Representatives

      52. (1) Where an interest owner consists of 2 or more holders, the holders shall, in the manner prescribed, appoint 1 of their number to act as representative of the interest owner for the purposes of this Part, but those holders may, with the consent of the board, appoint different representatives for different purposes.

             (2)  Where an interest owner consisting of 2 or more holders fails to appoint a representative for the purposes of this Part, the board may designate 1 of the holders as the representative of the interest owner for those purposes.

             (3)  An interest owner is bound by the acts or omissions of the appointed or designated representative of the interest owner with respect to a matter to which the authority of the representative extends.

             (4)  A representative of an interest owner appointed or designated under this section shall perform the duties in respect of the purposes for which the representative has been appointed or designated, and an operating agreement or other similar arrangement in force in respect of the relevant interest of that interest owner stands varied or amended to the extent necessary to give effect to this subsection.

1986 c37 s52

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No issuing of interests re certain lands

      53. (1) Subject to sections 31 to 40, the board 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 issuing of interests in respect of the portions of the offshore area that are specified in the order.

             (2)  The federal minister may, by order, in the case of a disagreement with a government concerning the location of an international boundary and under the conditions that may be set out in the order, prohibit the issuing of interests in respect of the portions of the offshore area that are specified in the order.

1986 c37 s53

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Surrender of interests

      54. (1) An interest owner may, in the manner prescribed and subject to the requirements that may be prescribed respecting the minimum geographical area to which an interest may relate, surrender an interest in respect of all or a portion of the offshore area subject to the interest.

             (2)  Any liability of an interest owner or interest holder to the Crown in right of Canada or in right of the province, either direct or by way of indemnity, that exists at the time of a surrender under subsection (1) is not affected by the surrender.

1986 c37 s54

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Prohibition of activities

      55. (1) The board may, in the case of

             (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,

by order, prohibit an interest owner specified in the order from beginning 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.

             (2)  Notwithstanding subsection (1), an order of the board made in a case referred to in paragraph (1)(a) is subject to sections 31 to 40.

             (3)  The federal minister may, in the case of a disagreement with a government concerning the location of an international boundary, by order, prohibit an interest owner specified in the order from beginning or continuing work or activity on the portions of the offshore area or a part of the offshore area that is subject to the interest of that interest owner.

             (4)  Where, because of an order made under subsection (1) or (3), a requirement in relation to an interest cannot be complied with while the order is in force, compliance with the requirement is suspended until the order is revoked.

             (5)  The term of an interest that is subject to an order under subsection (1) or (3) and the period provided for compliance with a requirement in relation to the interest are extended for a period equal to the period that the order is in force.

             (6)  Nothing in this section affects the authority of the board to relieve a person from a requirement in relation to an interest or under this Part or the regulations.

1986 c37 s55

DIVISION II
GENERAL RULES RELATING TO ISSUING OF INTERESTS

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Authority to issue interests

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

             (2)  The issuing of an interest by the board is subject to sections 31 to 40 unless the issuing of the interest is mandatory under another provision of this Part.

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

             (4)  Subsection (3) does not apply to an interest

             (a)  that 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)  that 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).

1986 c37 s56

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Call for bids

      57. (1) The board shall not issue an interest in relation to Crown reserve areas unless

             (a)  the board has made a prior 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 interest is issued to the person who submitted, in response to the call, the bid selected by the board in accordance with subsection 58(1).

             (2)  The making of a call for bids by the board is subject to sections 31 to 40.

             (3)  A request received by the board to make a call for bids in relation to particular portions of the offshore area shall be considered by the board in selecting the portions of the offshore area to be specified in a call for bids.

             (4)  A call for bids shall specify

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

             (b)  where applicable, the geological formations and substances to which the interest is to apply;

             (c)  the other terms and conditions subject to which the interest is to be issued;

             (d)  terms and conditions that a bid shall satisfy to be considered by the board;

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

             (f)  subject to subsection (5), the closing date for the submission of bids; and

             (g)  the sole criterion that the board will apply in assessing bids submitted in response to the call.

             (5)  Unless otherwise prescribed, a call for bids shall be published at least 120 days before the closing date for the submission of bids specified in the call.

1986 c37 s57

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Selection of bids and publication

      58. (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; and

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

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

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

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

1986 c37 s58

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Issuing of interest not required

      59. (1) The board is not required to issue an interest as a result of a call for bids.

             (2)  Where the board has not issued an 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 board shall, before issuing an interest in relation to that portion of the offshore area, make a new call for bids.

1986 c37 s59

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Exception to call for bids

      60. (1) Subject to sections 31 to 40, the board may issue an 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 interest is to apply has, through error or inadvertence, become a Crown reserve area and the interest owner who last held an interest in relation to that portion of the offshore area has, within 1 year after the time it so became a Crown reserve area, requested the board to issue an interest; or

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

             (2)  Where the board proposes to issue an interest under subsection (1), the board shall, not later than 90 days before issuing the interest, publish a notice in accordance with section 62 setting out the terms and conditions of the proposed interest.

1986 c37 s60

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Interest not vitiated

      61. Where an interest has been issued, it is not vitiated by reason only of a failure to comply with a requirement set out in sections 57 to 60 respecting the form and content of, and time and manner of publishing, a notice required by those sections in relation to that interest.

1986 c37 s61

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Manner of publication of notices

      62. A notice required to be published by the board under subsection 57(1), subsection 58(2) or (4), subsection 60(2) or subsection 67(2) shall be published in the Gazette and in other publications the board 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 is available for inspection by a person on request made to the board.

1986 c37 s62

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Regulations

      63. Subject to section 7, the Lieutenant-Governor in Council may, for the purpose of section 57, 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, the manner in which bids are to be submitted and requiring those terms and conditions and criteria and manner to be specified in the call.

2013 c3 s12

DIVISION III
EXPLORATION

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Rights under exploration licences

      64. An exploration licence confers, with respect to the portions of the offshore area to which the licence applies,

             (a)  the right to explore for, and the exclusive right to drill and test for, petroleum;

             (b)  the exclusive right to develop those portions of the offshore area in order to produce petroleum; and

             (c)  the exclusive right, subject to compliance with the other provisions of this Part, to obtain a production licence.

1986 c37 s64

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Shares

      65. A share in an exploration licence may, subject to the requirements that may be prescribed, be held with respect to a portion only of the offshore area subject to the exploration licence.

1986 c37 s65

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Terms, conditions and regulations

      66. (1) An exploration licence shall contain the terms and conditions that may be prescribed and may contain other terms and conditions, consistent with this Part or the regulations, that may be agreed on by the board, subject to sections 31 to 40, and the interest owner of the licence.

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

1986 c37 s66; 2013 c3 s13

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Amendment and consolidation of exploration licence

      67. (1) The board, subject to sections 31 to 40, and the interest owner of an exploration licence may, by agreement, amend a provision of the exploration 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 board shall not amend an exploration licence to include a portion of the offshore area that, immediately before the inclusion, were Crown reserve areas unless the board would be able to issue an interest to that interest owner in relation to that area under subsection 60(1) and a notice has been published in accordance with section 62 not later than 90 days before making the amendment, setting out the terms and conditions of the amendment.

             (3)  Subject to sections 31 to 40, the board may, on the application of the interest owners of 2 or more exploration licences, consolidate those exploration licences into a single exploration licence, subject to the terms and conditions that may be agreed on by the board and those interest owners.

1986 c37 s67

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Effective date of exploration licence

      68. (1) The effective date of an exploration licence is the date specified in the licence as the effective date.

             (2)  Subject to subsection (3) and section 69, the term of an exploration licence shall not exceed 9 years from the effective date of the licence and shall not be extended or renewed.

             (3)  Subject to section 69, the term of an exploration licence entered into or in respect of which negotiations have been completed before December 20, 1985 may be renegotiated once only for a further term not exceeding 4 years and afterward the term of the exploration licence shall not be renegotiated, extended or renewed.

             (4)  On the expiration of an exploration licence, the portions of the offshore area to which the exploration licence related and that are not subject to a production licence or a significant discovery licence become Crown reserve areas.

1986 c37 s68

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Continuation of exploration licence where drilling started

      69. (1) Where, before the expiration of the term of an exploration licence, the drilling of a well has been started on a portion of the offshore area to which the exploration licence applies, the exploration licence continues in force while the drilling of that well is being pursued diligently and for so long afterward as may be necessary to determine the existence of a significant discovery based on the results of that well.

             (2)  Where the drilling of a well referred to in subsection (1) is suspended because of dangerous or extreme weather conditions or mechanical or other technical problems encountered in the drilling of the well, the drilling of that well shall, for the purposes of subsection (1), be considered to be being pursued diligently during the period of suspension.

             (3)  Where the drilling of a well referred to in subsection (1) cannot be completed for mechanical or other technical problems and where, within 90 days after the cessation of drilling operations with respect to that well, or a longer period that the board determines, the drilling of another well is started on a portion of the offshore area that was subject to the exploration licence, the drilling of that other well shall, for the purposes of subsection (1), be considered to have started before the expiration of the term of the exploration licence.

1986 c37 s69

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Declaration of significant discovery

      70. (1) Subject to section 120, where a significant discovery has been made on a portion of the offshore area that is subject to an interest or a share in an interest held in accordance with section 65, the board shall, on the application of the interest holder of the interest or the share of the interest made in the form and manner and containing the information that may be prescribed, make a written declaration of significant discovery in relation to those portions of the offshore area in respect of which there are reasonable grounds to believe that the significant discovery may extend.

             (2)  Where a significant discovery has been made on a portion of the offshore area, the board may, by order subject to section 120, make a declaration of significant discovery in relation to those portions of the offshore area in respect of which there are reasonable grounds to believe the significant discovery may extend.

             (3)  A declaration made under subsection (1) or (2) shall describe the portions of the offshore area to which the declaration applies.

             (4)  Subject to subsection (5), where a declaration of significant discovery is made under subsection (1) or (2) and, based on the results of further drilling, there are reasonable grounds to believe that a discovery is not a significant discovery or that the portions of the offshore area to which the significant discovery extends differ from the significant discovery area, the board may, subject to section 120 and as appropriate in the circumstances,

             (a)  amend the declaration of significant discovery by increasing or decreasing the significant discovery area; or

             (b)  revoke the declaration.

             (5)  A declaration of significant discovery shall not be amended to decrease the significant discovery area or revoked earlier than

             (a)  in the case of a significant discovery area that is subject to a significant discovery licence issued under subsection 72(1), the date on which the exploration licence referred to in that subsection expires; and

             (b)  in the case of a significant discovery area that is subject to a significant discovery licence issued under subsection 72(2), 3 years after the effective date of the significant discovery licence.

             (6)  A copy of a declaration of significant discovery and of an amendment or revocation of it made under this section in relation to a portion of the offshore area subject to an interest shall be sent by registered mail to the interest owner of that interest.

1986 c37 s70; 1987 c25 s2

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Rights under significant discovery licence

      71. A significant discovery licence confers, with respect to the portions of the offshore area to which the licence applies,

             (a)  the right to explore for, and the exclusive right to drill and test for, petroleum;

             (b)  the exclusive right to develop those portions of the offshore area in order to produce petroleum; and

             (c)  the exclusive right, subject to compliance with the other provisions of this Part, to obtain a production licence.

1986 c37 s71

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Significant discovery licence in relation to lands subject to exploration licences

      72. (1) Where a declaration of significant discovery is in force and all or a portion of the significant discovery area is subject to an exploration licence or a share in an exploration licence held in accordance with section 65, the board shall, on application of the interest holder of the exploration licence or the share made in the form and manner and containing the information that may be prescribed, issue to the interest holder a significant discovery licence in respect of all portions of the significant discovery area that are subject to the exploration licence or the share.

             (2)  Where a declaration of significant discovery is in force and the significant discovery area extends to a Crown reserve area, the board may, after making a call for bids in relation to that Crown reserve area or a portion of it and selecting a bid submitted in response to the call in accordance with subsection 58(1), issue a significant discovery licence to the person who submitted that bid in relation to the Crown reserve area specified in the call.

             (3)  The making of a call for bids and the issuing of a significant discovery licence by the board under subsection (2) is subject to sections 31 to 40.

             (4)  A significant discovery licence shall be in the form prescribed and may contain other terms and conditions, consistent with this Part or the regulations, that may be agreed on by the board, subject to sections 31 to 40, and the interest owner of the significant discovery licence.

1986 c37 s72

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Reduction or increase of area subject to significant discovery licence

      73. (1) Where a significant discovery area in relation to a declaration of significant discovery is decreased under an amendment made under subsection 70(4), a significant discovery licence that was issued on the basis of that declaration shall be amended by decreasing accordingly the portions of the offshore area subject to that licence.

             (2)  Where a significant discovery area in relation to a declaration of significant discovery is increased under an amendment made under subsection 70(4), a significant discovery licence that was issued on the basis of that declaration shall be amended to include all portions of the amended significant discovery area that are subject to an exploration licence held by the interest owner of that significant discovery licence at the time the significant discovery area is so increased.

1986 c37 s73

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Term of licences

      74. (1) On the issuing of a significant discovery licence under subsection 72(1) with respect to a significant discovery area, an exploration licence stops having effect in relation to that significant discovery area.

             (2)  The effective date of a significant discovery licence is the date of application for the licence.

             (3)  A significant discovery licence continues in force, in relation to each portion of the offshore area to which the licence applies, during the period that the declaration of significant discovery on the basis of which the licence was issued remains in force in relation to that portion.

             (4)  On the expiration of a significant discovery licence, a portion of the offshore area to which the significant discovery licence related and that is not subject to a production licence becomes a Crown reserve area.

1986 c37 s74

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Drilling orders

      75. (1) Subject to sections 31 to 40, the board may, after making a declaration of significant discovery, by order subject to section 120, require the interest owner of an interest in relation to a portion of the significant discovery area to drill a well on a portion of the significant discovery area that is subject to that interest, in accordance with the directions that may be set out in the order, and to start the drilling within 1 year after the making of the order or within the longer period that the board specifies in the order.

             (2)  Notwithstanding subsection (1), an order may not be made under subsection (1) with respect to an interest owner who has completed a well on the relevant portion of the offshore area within 6 months after the completion of that well.

             (3)  An order may not be made under subsection (1) within the 3 years immediately following the well termination date of the well indicating the relevant significant discovery.

             (4)  Notwithstanding subsection (1), an order made under subsection (1) may not require an interest owner to drill more than 1 well at a time on the relevant portion of the offshore area.

             (5)  For the purposes of subsection (3), "well termination date" means the date on which a well has been abandoned, completed or suspended in accordance with applicable drilling regulations.

1986 c37 s75; 2015 c6 s6

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Information may be disclosed

      76. (1) The board may, notwithstanding section 115, provide information or documentation relating to a significant discovery to an interest owner who requires the information or documentation to help the interest owner in complying with an order made under subsection 75(1).

             (2)  An interest owner shall not disclose information or documentation provided to that interest owner under subsection (1) except to the extent necessary to enable the interest owner to comply with an order made under subsection 75(1).

1986 c37 s76

DIVISION IV
PRODUCTION

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Application for declaration of commercial discovery

      77. (1) Subject to section 120, where a commercial discovery has been made on a portion of the offshore area that is subject to an interest or a share in an interest held in accordance with section 65, the board shall, on the application of the interest holder of the interest or the share, made in the form and manner and containing the information that may be prescribed, make a written declaration of commercial discovery in relation to those portions of the offshore area in respect of which there are reasonable grounds to believe that the commercial discovery may extend.

             (2)  Subject to section 120, where a commercial discovery has been made on a portion of the offshore area, the board may, by order, make a declaration of commercial discovery in relation to those portions of the offshore area in respect of which there are reasonable grounds to believe that the commercial discovery may extend.

             (3)  Subsections 70(3), (4) and (6) apply, with the modifications that the circumstances require, with respect to a declaration made under subsection (1) or (2).

1986 c37 s77; 1990 c21 s1

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Order to reduce term of interest

      78. (1) Subject to sections 31 to 40, the board may, at any time after making a declaration of commercial discovery, give notice to the interest owner of an interest in relation to a portion of the commercial discovery area where commercial production of petroleum has not started before that time stating that, after the period of not less than 6 months that may be specified in the notice, an order may be made reducing the term of that interest.

             (2)  During the period specified in a notice sent to an interest owner under subsection (1), the board shall provide a reasonable opportunity for the interest owner to make the submissions that the interest owner considers relevant to determining whether the board should make an order reducing the term of the relevant interest.

             (3)  Subject to sections 31 to 40, where the board is of the opinion that it is in the public interest, the board may, not later than 6 months after the expiration of the period specified in a notice in respect of an interest sent under subsection (1), by order subject to section 120, reduce the term of the interest to 3 years after the date the order is made or a longer period that may be specified in the order.

             (4)  Where an order is made under subsection (3), an interest in respect of a portion of the offshore area within the area to which the interest that is the subject of the order applied on the date the order was made stops having effect at the end of the period specified in the order.

             (5)  Notwithstanding subsection (4), where commercial production of petroleum on a portion of the offshore area referred to in subsection (4) starts before the expiration of the period specified in an order made under subsection (3) or the period extended under subsection (6), the order stops having effect and is considered to have been vacated.

             (6)  Notwithstanding subsection (4) and subject to sections 31 to 40, the board may extend the period specified in an order made under subsection (3) or may revoke the order.

1986 c37 s78

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Rights under production licence

      79. (1) A production licence confers, with respect to the portions of the offshore area to which the licence applies,

             (a)  the right to explore for, and the exclusive right to drill and test for, petroleum;

             (b)  the exclusive right to develop those portions of the offshore area in order to produce petroleum;

             (c)  the exclusive right to produce petroleum from those portions of the offshore area; and

             (d)  title to the petroleum so produced.

             (2)  Notwithstanding subsection (1), the board may, subject to the terms and conditions that the board considers appropriate, authorize an interest holder of an interest or a share in the 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.

1986 c37 s79; 1987 c25 s3

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Issuing of production licence

      80. (1) Subject to section 86, the board, on application made in the form and manner and containing the information that may be prescribed,

             (a)  shall issue a production licence to 1 interest owner, in respect of any 1 commercial discovery area or portion of the commercial discovery area that is subject to an exploration licence or a significant discovery licence held by that interest owner; and

             (b)  may, subject to the terms and conditions that may be agreed on by the board and the relevant interest owners and to sections 31 to 40, issue a production licence to

                      (i)  1 interest owner, in respect of 2 or more commercial discovery areas or portions of commercial discovery areas that are subject to an exploration licence or a significant discovery licence held by that interest owner, or

                     (ii)  2 or more interest owners, in respect of 1 or more commercial discovery areas or portions of commercial discovery areas that are subject to an exploration licence or a significant discovery licence held by any of those interest owners.

             (2)  Where a declaration of commercial discovery is in force and the commercial discovery area extends to a Crown reserve area, the board may, after making a call for bids in relation to that Crown reserve area or a portion of the Crown reserve area and selecting a bid submitted in response to the call in accordance with subsection 58(1), issue a production licence to the person who submitted that bid in relation to the Crown reserve area specified in the call.

             (3)  The making of a call for bids and the issuing of a production licence by the board under subsection (2) is subject to sections 31 to 40.

             (4)  A production licence shall be in the form prescribed and may contain the terms and conditions, consistent with this Part or the regulations, that may be agreed on by the board, subject to sections 31 to 40, and the interest owner of the production licence.

1986 c37 s80; 1992 c47 s1

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Consolidation of production licences

      81. Subject to sections 31 to 40, the board may, on the application of the interest owners of 2 or more production licences, consolidate those production licences into a single production licence, on the terms and conditions that may be agreed on by the board and those interest owners.

1986 c37 s81

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Reduction and increase of area subject to production licence

      82. (1) Where a commercial discovery area in relation to a declaration of commercial discovery is decreased under an amendment made under subsection 70(4) and subsection 77(3), a production licence that was issued on the basis of that declaration shall be amended by decreasing accordingly the portions of the offshore area subject to that licence.

             (2)  Where a commercial discovery area in relation to a declaration of commercial discovery is increased under an amendment made under subsection 70(4) and subsection 77(3), a production licence that was issued on the basis of that declaration shall be amended to include all portions of the amended commercial discovery area that are subject to an exploration licence or a significant discovery licence held by the interest owner of that production licence at the time the commercial discovery area is so increased.

1986 c37 s82

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Term of production licence

      83. (1) A production licence is effective from the date it is issued and shall be issued for a term of 25 years.

             (2)  Notwithstanding subsection (1), where a declaration of commercial discovery on the basis of which a production licence was issued is, under subsection 70(4) and subsection 77(3), revoked or amended to exclude all portions of the commercial discovery area in relation to which the production licence was issued, the production licence stops being in force.

             (3)  Where, on the expiration of the term of a production licence, petroleum is being produced commercially, the term is extended for that period afterward during which commercial production of petroleum continues.

             (4)  Notwithstanding subsection (1) and subject to sections 31 to 40, the board may, by order, on the terms and conditions that may be specified in the order, extend the term of a production licence where

             (a)  commercial production of petroleum from the portions of the offshore area subject to the licence stops before or on the expiration of the 25 year term of the production licence and the board has reasonable grounds to believe that commercial production from the portions of the offshore area will recommence; or

             (b)  the board has reasonable grounds to believe that commercial production of petroleum from those portions of the offshore area will, before or after the expiration of the term of the licence, stop during a period and afterward recommence.

1986 c37 s83

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Lapsing of other interests

      84. (1) Notwithstanding subsection 74(3), on the issuing of a production licence, an interest in relation to the portions of the offshore area in respect of which the production licence is issued held immediately before the issuing of the production licence stops having effect in relation to those portions of the offshore area, but otherwise continues to have effect according to its terms and the provisions of this Act.

             (2)  On the expiration of a production licence, the portions of the offshore area in relation to which the production licence was issued become Crown reserve areas.

1986 c37 s84

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Licence for subsurface storage

      85. (1) The board may, subject to those terms and conditions the board considers appropriate, issue a licence for the purpose of subsurface storage of petroleum or other substances approved by the board in portions of the offshore area at depths greater than 20 metres.

             (2)  A portion of the offshore area shall not be used for a purpose referred to in subsection (1) without a licence referred to in that subsection.

1986 c37 s85

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Qualification for production licence

      86. A production licence or share in a production licence may not be held by a person other than a corporation incorporated in Canada .

1992 c47 s2

DIVISION V
CANADIAN OWNERSHIP

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Rep. by 1992 c47 s3

      87. [Sections 87 to 95 inclusive Rep. by 1992 c47 s3]

1992 c47 s3

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Rep. by 1992 c47 s3

      88. [Sections 87 to 95 inclusive Rep. by 1992 c47 s3]

1992 c47 s3

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Rep. by 1992 c47 s3

      89. [Sections 87 to 95 inclusive Rep. by 1992 c47 s3]

1992 c47 s3

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Rep. by 1992 c47 s3

      90. [Sections 87 to 95 inclusive Rep. by 1992 c47 s3]

1992 c47 s3

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Rep. by 1992 c47 s3

      91. [Sections 87 to 95 inclusive Rep. by 1992 c47 s3]

1992 c47 s3

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Rep. by 1992 c47 s3

      92. [Sections 87 to 95 inclusive Rep. by 1992 c47 s3]

1992 c47 s3

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Rep. by 1992 c47 s3

      93. [Sections 87 to 95 inclusive Rep. by 1992 c47 s3]

1992 c47 s3

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Rep. by 1992 c47 s3

      94. [Sections 87 to 95 inclusive Rep. by 1992 c47 s3]

1992 c47 s3

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Rep. by 1992 c47 s3

      95. [Sections 87 to 95 inclusive Rep. by 1992 c47 s3]

1992 c47 s3

DIVISION VI
ENVIRONMENTAL STUDIES RESEARCH FUND

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Fund continued and rates approved by board

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

             (2)  The rates fixed by the federal minister under section 80 of the Canada Petroleum Resources Act, as they apply to the offshore area, are subject to approval by the board.

             (3)  Notwithstanding subsection 78(2) of the Canada Petroleum Resources Act, 1 of the members of the Environmental Studies Management Board established by subsection 78(1) of that Act is to be appointed by the board on the recommendation of the provincial minister.

             (4)  The Environmental Studies Management Board shall submit to the board 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.

1987 c25 s5

DIVISION VII
TRANSFERS, ASSIGNMENTS AND REGISTRATION

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Interpretation

      97. (1) In this Division,

             (a)  "assignment of security interest" means a notice of the assignment of a security interest or a part of a security interest in respect of which a security notice has been registered under this Division;

             (b)  "court" means the Trial Division of the Supreme Court of Newfoundland and Labrador and includes a judge of that court;

             (c)  "deputy registrar" means the person that the board may designate as the deputy registrar for the purpose of this Division;

             (d)  "discharge" means a notice of the discharge of a security notice or postponement and includes a partial discharge;

             (e)  "instrument" means a discharge, postponement, security notice, transfer or an assignment of a security interest;

             (f)  "operator's lien" means a charge on or right in relation to an interest or a share in an interest

                      (i)  that arises under a contract

                            (A)  to which the interest owner or holder of the interest or share is a party,

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

                            (C)  that requires the interest owner or holder to make payments to the operator to cover all or part of the advances made by the operator in respect of the costs and expenses of that work or activity, and

                     (ii)  that secures the payments referred to in clause (i)(C);

             (g)  "postponement" means a document evidencing the postponement of a security notice or operator's lien;

             (h)  "registrar" means the person that the board may designate as the registrar for the purpose of this Division;

              (i)  "secured party" means the person claiming a security interest under a security notice;

              (j)  "security interest" means a charge on or right in relation to an interest or a share in an interest that, under a written agreement, secures payment or performance of an obligation, including

                      (i)  the payment of an indebtedness arising from an existing or future loan or advance of money,

                     (ii)  a bond, debenture or other security of a corporation, or

                    (iii)  the performance of the obligations of a guarantor under a guarantee given in respect of all or a part of an indebtedness referred to in subparagraph (i) or all or a part of a bond, debenture or other security of a corporation,

and includes a security given under section  426 of the Bank Act (Canada ), but does not include an operator's lien;

             (k)  "security notice" means a notice of a security interest; and

              (l)  "transfer" means a transfer of an interest or a share in an interest.

             (2)  Where an assignment of security interest is registered under this Division, a reference in this Division to a secured party shall, in respect of the security notice to which the assignment of a security interest relates, be read as a reference to the assignee named in the assignment of security interest.

1986 c37 s97; 1990 c21 s3; 1990 c23 s2; 2001 cN-3.1 s2; 2013 c3 s14

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Notice of disposition of an interest

      98. 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 board, together with a summary of its terms and conditions or, on the request of the board, a copy of the agreement or arrangement.

1986 c37 s98; 1987 c25 s6

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Rep. by 1992 c47 s3

      99. [Rep. by 1992 c47 s3]

1992 c47 s3

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Rep. by 1992 c47 s3

   100. [Rep. by 1992 c47 s3]

1992 c47 s3

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Public register

   101. (1) A public register of all interests and instruments registered under this Division shall be established and maintained in accordance with this Division and the regulations.

             (2)  The registrar and deputy registrar shall exercise those powers and perform the duties and functions in respect of the register and the system of registration established under this Division that may be prescribed.

1986 c37 s100

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Prohibition

   102. (1) A document other than an interest or instrument may not be registered under this Division.

             (2)  An instrument may not be registered under this Division unless it has been submitted for registration in the form prescribed for that instrument, in the manner and containing the information that may be prescribed, and meets the other requirements for the registration of an instrument prescribed by this Division and the regulations.

1986 c37 s101

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Rep. by 1992 c47 s3

   103. [Rep. by 1992 c47 s3]

1992 c47 s3

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Requirements of registering security notice

   104. (1) A security notice may not be registered under this Division unless the security notice specifies

             (a)  the nature of the security interest claimed;

             (b)  the person from whom the security interest was acquired;

             (c)  the documents giving rise to the security interest; and

             (d)  other particulars that may be prescribed.

             (2)  An instrument may not be registered under this Division unless a notice of official address for service in respect of that instrument is filed with the registrar in prescribed form.

             (3)  The official address for service in respect of an instrument may be changed by filing with the registrar another notice of official address for service, in prescribed form.

1986 c37 s103

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Security notice

   105. Where a significant discovery licence or production licence is issued at any time in respect of a portion of the offshore area that was not a Crown reserve area immediately before that time, the registration under this Division of a security notice in respect of the interest in force immediately preceding the issuing of that licence and relating to that portion of the offshore area applies in respect of the licence as though the security notice referred to that licence and as though that licence had been issued before the registration of the security notice.

1986 c37 s104

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Registration

   106. (1) A document submitted for registration under this Division shall be examined by the registrar and where the registrar determines that the document is an instrument that meets all the requirements for the registration of it prescribed by this Division and the regulations, the registrar shall register the instrument in accordance with this Division and the regulations.

             (2)  Where the registrar refuses to register a document under this Division, the registrar shall return the document to the person submitting the document for registration and provide that person with the reasons for the refusal.

             (3)  An instrument is registered under this Division by the endorsement of a memorandum of registration on the instrument specifying the registration number of the instrument and the time and date of registration.

             (4)  Instruments accepted for registration under this Division shall be registered in the chronological order in which instruments are received by the registrar.

1986 c37 s105

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Registration is considered notice

   107. The registration of an instrument under this Division shall be considered to constitute actual notice of the instrument to all persons as of the time of registration of the instrument and, in the case of a security notice, shall be considered to constitute actual notice to all persons who may serve a demand for information under section 109 in respect of the security notice of the contents of the documents specified in the security notice.

2013 c3 s15

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Priority of rights

   108. (1) A particular right, in relation to an interest or a share in an interest, in respect of which an instrument has been registered under this Division has priority over and is valid against another right, in relation to that interest or share,

             (a)  in respect of which an instrument may be registered under this Division,

                      (i)  where the instrument was not so registered, or

                     (ii)  where the instrument was so registered after that time,

whether that other right was acquired before or after that particular right; or

             (b)  in respect of which an instrument may not be registered under this Division, acquired after that time.

             (2)  Notwithstanding subsection (1), where a right in respect of which an instrument may be registered under this Division was acquired before May 20, 1988 and an instrument in respect of that right is registered under this Division not later than 180 days after May 20, 1988, the priority and validity of the right shall be determined as though the instrument was registered under this Division at the time the right was acquired and as though this section was in force at that time.

             (3)  Notwithstanding subsection (2), no right in respect of which that subsection applies shall have priority over and be valid against another right in respect of which that subsection applies but in respect of which an instrument is not registered within the period referred to in that subsection, where the person claiming the right in respect of which an instrument is registered within that period acquired the right with actual knowledge of the other right.

             (4)  An instrument in respect of a right to which subsection (2) applies shall not be registered unless it is accompanied by the statutory declaration, in prescribed form, of the person claiming the right, attesting to the time at which the right was acquired.

             (5)  Notwithstanding subsection (1), an operator's lien, in relation to an interest or share in an interest, shall, without registration of a document evidencing the operator's lien, have priority over and be valid against another right, in relation to that interest or share, in respect of which an instrument may be registered under this Division, whether an instrument in respect of that other right was registered before or after the acquisition of the operator's lien or the operator's lien was acquired before or after that other right, unless the operator's lien is postponed with respect to other rights by the registration under this Division of a postponement in respect of the operator's lien and a discharge in respect of that postponement has not been registered under this Division.

1986 c37 s107; 1988 c2 s1

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Demand for information

   109. (1) A person may, in accordance with this section, serve a demand for information in respect of a security notice that has been registered under this Division in relation to an interest or a share in an interest where that person

             (a)  is the holder of that interest or share;

             (b)  is specified in the security notice as the person from whom the security interest was acquired;

             (c)  is the secured party under another security notice registered under this Division in relation to that interest or share;

             (d)  is a member of a class of persons prescribed by the regulations for the purposes of this subsection; or

             (e)  obtains leave to do so from the court.

             (2)  A demand for information, in respect of a security notice, may be served under subsection (1) by serving on the secured party under the security notice a demand notice, in prescribed form, requiring the secured party

             (a)  to inform the person serving the demand notice, within 15 days after service of the notice, of the place where the documents specified in the security notice or copies of the security notice are located and available for examination, and of the normal business hours during which the examination may be made; and

             (b)  to make the documents or copies of the documents available for examination at that place during normal business hours, by or on behalf of the person serving the notice, within a reasonable period after the demand notice is served.

             (3)  A demand for information is served, for the purpose of this section, where it is sent by registered mail or delivered to the official address for service in respect of the security notice according to the records of the registrar.

             (4)  A demand for information served under subsection (1) may be complied with by mailing or delivering to the person serving the demand notice a true copy of the documents referred to in the demand notice.

             (5)  Where a secured party fails without reasonable excuse to comply with a demand for information in respect of a security notice in relation to an interest or share in an interest served on the secured party in accordance with this section, the court may, on application by the person who served the demand notice, make an order requiring the secured party to comply with the demand for information within the time and in the manner specified in the order.

             (6)  Where a secured party fails to comply with an order of a court made under subsection (5), the court may, on the application of the person who applied for the order,

             (a)  make another order the court considers necessary to ensure compliance with the order made under subsection (5); or

             (b)  make an order directing the registrar to cancel the registration of the security notice.

             (7)  In this section, "document" includes an amendment to the document.

1986 c37 s108

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Notice to take proceedings

   110. (1) A person who may serve a demand for information in respect of a security notice in relation to an interest or a share in an interest under subsection 109(1) may

             (a)  serve on the secured party under the security notice a notice to take proceedings, in prescribed form, directing that secured party to apply to the court within 60 days after the day on which the notice to take proceedings is served, for an order substantiating the security interest claimed in the security notice; or

             (b)  start proceedings in the court, requiring the secured party to show cause why the registration of the security notice should not be cancelled.

             (2)  The court may, by order, on the unilateral application of a person who proposes to serve a notice to take proceedings under subsection (1), shorten the 60 day period referred to in paragraph (1)(a) and, if the order is made,

             (a)  paragraph (1)(a) shall, in relation to that notice to take proceedings, be considered to refer to the shorter period; and

             (b)  a certified copy of the order shall be served with that notice to take proceedings.

             (3)  The court may, on the application of a secured party served with a notice to take proceedings, extend the period for applying to the court referred to in paragraph (1)(a), whether or not that period has been shortened under subsection (2).

             (4)  A notice to take proceedings is served for the purpose of this section if it is sent by registered mail or delivered to the secured party at the official address for service in respect of the security notice according to the records of the registrar.

             (5)  The registration of a security notice shall be cancelled on submission to the registrar of a statutory declaration showing that

             (a)  a notice to take proceedings was served in accordance with this section; and

             (b)  no application was started in accordance with the notice to take proceedings or within the period extended under subsection (3) or an application so made was dismissed by the court or discontinued.

             (6)  Where the registration of a security notice in respect of a security interest is cancelled under subsection (5) or (7), the secured party under the security notice may not submit for registration under this Division another security notice in respect of that security interest without leave of the court to do so.

             (7)  The registration of a security notice shall be cancelled where there is submitted to the registrar a certified copy of an order or judgment of a court directing the registrar to do so, whether as a result of proceedings taken under this Division or otherwise.

1986 c37 s109; 1988 c54 s4

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Transfer effective on registration

   111. A transfer of an interest or a share in an interest is not effective against the Crown before the registration of the transfer.

1986 c37 s110

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No restriction on rights

   112. For greater certainty, the registration of an instrument

             (a)  does not restrict or affect a right or power of the board or of the ministers under this Part, the regulations or the terms of an interest; and

             (b)  does not derogate from a proprietary right or a right to dispose of or exploit natural resources that the Crown in right of Canada has under this Act in respect of a portion of the offshore area.

1986 c37 s111

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No action for acts done in performance of official functions

   113. An action or other proceedings for damages shall not be started against the registrar or deputy registrar or anyone acting under the authority of the registrar or deputy registrar for an act done or omission in good faith in the exercise of a power or the performance of a duty under this Division.

1986 c37 s112

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Regulations

   114. Subject to section 7, the Lieutenant-Governor in Council may make regulations for carrying out the provisions of this Division and may make regulations

             (a)  prescribing the powers, duties and functions of the registrar and deputy registrar for the purpose of this Division and the time when, and manner and circumstances in which, they are to be exercised, and providing for the designation by the board of a person or class of persons to exercise the powers and perform the duties and functions that may be specified in the regulations;

             (b)  governing the books, abstracts and indices to be maintained as the register for the purposes of this Division and the particulars of interests, instruments and portions of the offshore area and the orders and declarations made in relation to interests to be recorded in the books, abstracts and indices;

             (c)  governing the filing of copies of interests, registered instruments and other documents in the register established under this Division;

             (d)  governing public access to and searches of the register;

             (e)  prescribing the dependent rights and classes of dependent rights in respect of which a caution may be registered under this Division; and

             (f)  prescribing other matters or things that are by this Division to be prescribed.

2013 c3 s16

DIVISION VIII
ADMINISTRATION AND ENFORCEMENT

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Interpretation

   115. (1) In this section

             (a)  "delineation well" means a well that is so located in relation to another well penetrating an accumulation of petroleum that there is a reasonable expectation that another portion of that accumulation will be penetrated by the first mentioned well and that the drilling is necessary in order to determine the commercial value of the accumulation;

             (b)  "development well" means a well that is so located in relation to another well penetrating an accumulation of petroleum that it is considered to be a well or part of a well drilled for the purpose of production or observation or for the injection or disposal of fluid into or from the accumulation;

             (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 exploration for or the development, production or transportation of petroleum in the offshore area;

             (d)  "environmental study" means work pertaining to the measurement or statistical evaluation of the physical, chemical and biological elements of the lands, oceans or coastal zones, including winds, waves, tides, currents, precipitation, ice cover and movement, icebergs, pollution effects, plants and animals both onshore and offshore, human activity and habitation and related matters;

             (e)  "experimental project" means work or activity involving the utilization of methods or equipment that are untried or unproven;

             (f)  "exploratory well" means a well drilled on a geological feature on which a significant discovery has not been made;

             (g)  "geological work" means work, in the field or laboratory, involving the collection, examination, processing or other analysis of lithological, paleontological or geochemical materials recovered from the seabed or subsoil of a portion of the offshore area and includes the analysis and interpretation of mechanical well logs;

             (h)  "geophysical work" means work involving the indirect measurement of the physical properties of rocks in order to determine the depth, thickness, structural configuration or history of deposition of rocks and includes the processing, analysis and interpretation of material or data obtained from that work;

              (i)  "geotechnical work" means work, in the field or laboratory, undertaken to determine the physical properties of materials recovered from the seabed or subsoil of a portion of the offshore area;

              (j)  "well site seabed survey" means a survey pertaining to the nature of the seabed or subsoil of a portion of the offshore area in the area of the proposed drilling site in respect of a well and to the conditions of those portions of the offshore area that may affect the safety or efficiency of drilling operations; and

             (k)  "well termination date" means the date on which a well has been abandoned, completed or suspended in accordance with applicable regulations respecting the drilling for petroleum made under Part III.

             (2)  Subject to section 18, information or documentation provided for the purposes of this Part or Part III or a regulation made under either Part, whether or not that information or documentation is required to be provided under either Part or a regulation made under either Part, is privileged and shall not knowingly be disclosed without the written consent of the person who provided it except for the purposes of the administration or enforcement of either Part or for the purposes of legal proceedings relating to the administration or enforcement.

             (3)  A person shall not be required to produce or give evidence relating to information or documentation that is privileged under subsection (2) in connection with legal proceedings, other than proceedings relating to the administration or enforcement of this Part or Part III.

             (4)  For greater certainty, this section does not apply to a document that has been registered under Division VII.

             (5)  Subsection (2) does not apply to the following classes of information or documentation obtained as a result of carrying on any work or activity that is authorized under Part III, namely, information or documentation in respect of

             (a)  an exploratory well, where the information or documentation is obtained as a direct result of drilling the well and if 2 years have passed since the well termination date of that well;

             (b)  a delineation well, where the information or documentation is obtained as a direct result of drilling the well and if the later of

                      (i)  2 years since the well termination date of the relevant exploratory well, and

                     (ii)  90 days since the well termination date of the delineation well,

have passed;

             (c)  a development well, where the information or documentation is obtained as a direct result of drilling the well and if the later of

                      (i)  2 years since the well termination date of the relevant exploratory well, and

                     (ii)  60 days since the well termination date of the development well,

have passed;

             (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, or

                     (ii)  in another case, after the expiration of 5 years following the date of completion of the work;

             (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, or

                     (ii)  in another case, after the expiration of 5 years following the date of completion of the research, study or project or after the reversion of that portion of the offshore area to Crown reserve areas, whichever occurs first;

             (f)  a contingency plan formulated in respect of emergencies arising as a result of any work or activity authorized under Part III;

             (g)  diving work, weather observations 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;

             (h)  a study funded from an account established under subsection 76(1) of the Canada Petroleum Resources Act, where the study has been completed; and

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

                      (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, or

                     (ii)  in another case, where 5 years have passed since the completion of the study.

             (6)  The board 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, that deals primarily with a petroleum-related work or activity, including the exploration for and the management, administration and exploitation of petroleum resources, if

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

             (b)  the information and documentation is disclosed in accordance with any conditions agreed to by the board 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.

             (7)  The board may disclose to the federal minister and the provincial minister the information or documentation that it has disclosed or intends to disclose under subsection (6), but the federal minister and the provincial minister are not to further disclose the information or documentation unless the board consents in writing to that disclosure or the federal minister or the provincial minister is required by an Act of Parliament of Canada or an Act of the Legislature to disclose that information or documentation.

             (8)  For the purposes of paragraph (6)(a) and subsection (7), the board may consent to the further disclosure of information or documentation only if the board itself is authorized under this section to disclose it.

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

          (10)  Subsection (2) does not apply in respect of information or documentation provided for the purposes of a public hearing conducted under section 44.1.

          (11)  Subject to section 115.1, the board may disclose 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 to an operating licence or authorization that is issued under that subsection or provided in accordance with any regulations made under this Part or Part III, however the board is not permitted to disclose information or documentation if the board 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 his, her or its 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, 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.

          (12)  Subsections (9) to (11) do not apply in respect of information or documentation described in paragraphs (5)(a) to (e) and (i).

1986 c37 s114; 1987 c25 s7; 1990 c21 s7; 1992 c15 s4; 2015 c6 s7

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Notice of disclosure

115.1 (1) If the board intends to disclose any information or documentation under subsection 115(11), the board shall make every reasonable effort to give the person who provided it written notice of the board's intention to disclose it.

             (2)  A person to whom a notice is required to be given under subsection (1) may waive the requirement, and if he, she or it has consented to the disclosure, he, she or it is considered to have waived the requirement.

             (3)  A notice given under subsection (1) shall include

             (a)  a statement that the board intends to disclose information or documentation under subsection 115(11);

             (b)  a description of the information or documentation that was provided by the person to whom the notice is given; and

             (c)  a statement that the person may, within 20 days after the day on which the notice is given, make written representations to the board as to why the information or documentation, or a portion of it, should not be disclosed.

             (4)  If a notice is given to a person under subsection (1), the board shall

             (a)  give the person the opportunity to make, within 20 days after the day on which the notice is given, written representations to the board as to why the information or documentation, or a portion of it, should not be disclosed; and

             (b)  after the person has had the opportunity to make representations, but no later than 30 days after the day on which the notice is given, make a decision as to whether or not to disclose the information or documentation and give written notice of the decision to the person.

             (5)  A notice given under paragraph (4)(b) of a decision to disclose information or documentation shall include

             (a)  a statement that the person to whom the notice is given may request a review of the decision under subsection (7) within 20 days after the day on which the notice is given; and

             (b)  a statement that if a review is not requested under subsection (7) within 20 days after the day on which the notice is given, the board shall disclose the information or documentation.

             (6)  If, under paragraph (4)(b), the board decides to disclose the information or documentation, the board shall disclose it on the expiry of 20 days after the day on which a notice is given under that paragraph, unless a review of the decision is requested under subsection (7).

             (7)  A person to whom the board is required under paragraph (4)(b) to give a notice of a decision to disclose information or documentation may, within 20 days after the day on which the notice is given, apply to the Trial Division for a review of the decision.

             (8)  An application made under subsection (7) shall be heard and determined in a summary way in accordance with the applicable rules of practice and procedure of that court.

             (9)  In a proceeding arising from an application under subsection (7), the Trial Division shall take every reasonable precaution, including, when appropriate, conducting hearings in private, to avoid the disclosure by the court or any person of any information or documentation that, under this Act, is privileged or is not to be disclosed.

2015 c6 s8

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Rep. by 1992 c15 s5

   116. [Rep. by 1992 c15 s5]

1992 c15 s5

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Operating agreements

   117. (1) Where a dispute of a prescribed class arises between 2 or more interest holders of an interest in respect of operations conducted in carrying out any work or activity in the offshore area authorized under Part III and an operating agreement or other similar arrangement that extends to the work or activity is not in force or was made before March 5, 1982, the matters in dispute may, by order of the board, be submitted to arbitration conducted in accordance with the regulations.

             (2)  Subsection (1) applies only in respect of

             (a)  interests in force on March 5, 1982 in relation to a portion of the offshore area; and

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

             (3)  An order of an arbitrator made under arbitration under subsection (1) is binding on all interest holders specified in the order from the date specified in the order, and the terms and conditions of the order are considered to be terms and conditions of the interest to which the matters relate.

1986 c37 s116

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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

             (a)  governing arbitration and the making of arbitration orders;

             (b)  prescribing the classes of disputes that may be submitted to arbitration; and

             (c)  governing appeals from and enforcement of arbitration orders.

             (2)  Regulations made under subsection (1) may apply generally to the offshore area or a portion of the offshore area.

1986 c37 s117; 1992 c15 s6

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Notice to comply

   119. (1) Where the board has reason to believe that an interest owner or holder is failing or has failed to meet a requirement of or under this Part, Part III or III.1 or a regulation made under any of those Parts, the board may give notice to that interest owner or holder requiring compliance with the requirement within 90 days after the date of the notice or within a longer period that the board considers appropriate.

             (2)  Notwithstanding anything in this Part but subject to sections 31 to 40, where an interest owner or holder fails to comply with a notice under subsection (1) within the period specified in the notice and the board 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 board may, by order subject to section 120, cancel that interest or share, and where the interest or share is so cancelled, the portions of the offshore area under that interest or share become Crown reserve areas.

1986 c37 s118; 2013 c3 s17

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Oil and Gas Committee

   120. (1) In this section, "committee" means the Oil and Gas Committee established by Part III.

             (2)  The board shall, not less than 30 days before making an order or decision or taking an action in respect of which it is expressly stated in this Part to be subject to this section, give written notice to the persons the board considers to be directly affected by the proposed order, decision or action.

             (3)  A person receiving a notice under subsection (2) may, in writing, request a hearing within the 30 day period referred to in that subsection and, on receipt of such a request, the board shall direct the committee to appoint a time and place for a hearing and give notice of the time and place to the person who requested the hearing.

             (4)  A person requesting a hearing under subsection (3) may make representations and introduce witnesses and documents at the hearing.

             (5)  For the purposes of a hearing requested under subsection (3), the committee has, regarding the attendance, swearing and examination of witnesses and the production and inspection of documents, all the powers, rights and privileges that are vested in a superior court of record.

             (6)  On the conclusion of the hearing, the committee shall submit to the board its recommendations concerning the proposed order, decision or action of the board, together with the evidence and other material that was before the committee.

             (7)  Before making an order or decision or taking an action in respect of which a hearing has been held, the board shall consider the recommendations of the committee.

             (8)  Where an order, decision or action referred to in subsection (2) is made or taken, the board shall notify the person who requested a hearing in respect of the order, decision or action under subsection (3) and, on request by that person, publish or make available to that person the reasons for the order, decision or action.

             (9)  An order, decision or action referred to in subsection (2) takes effect as of

             (a)  the day that immediately follows the last day of the 30 day period referred to in that subsection, where no hearing is requested under subsection (3); or

             (b)  the day that the order or decision is made or the action is taken by the board, where a hearing is requested under subsection (3).

          (10)  An order, decision or action in respect of which a hearing is held under this section is subject to review and to be set aside by the Trial Division.

1986 c37 s119

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Regulations

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

             (a)  consistent with the Canada Lands Surveys Act authorizing or requiring the survey, division and subdivision of the offshore area and defining and describing the divisions and subdivisions;

             (b)  prescribing the information and documentation to be provided by interest owners and interest holders for the purpose of this Part, the time when and manner in which that information and documentation is to be provided, authorizing the board to prescribe the form in which it is to be provided and requiring the information and documentation to be provided in accordance with the regulations;

             (c)  requiring fees and deposits to be paid in respect of interests, prescribing the amounts of those fees and deposits, the time and manner of their payment and providing for the administration of the fees and deposits and the disposition and return of deposits; and

             (d)  prescribing other matters or things that by this Part are to be prescribed or that are to be done by regulations.

             (2)  A copy of each regulation that the Lieutenant-Governor in Council proposes to make under subsection (1) shall be published in the Gazette and a reasonable opportunity shall be given to interested persons to make representations to the board with respect to each regulation.

             (3)  Notwithstanding subsection (2), a proposed regulation need not be published more than once under subsection (2) whether or not it is altered or amended after the publication as a result of representations made by interested persons as provided in that subsection.

1986 c37 s120; 2013 c3 s18

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Forms

   122. (1) The board may prescribe a form or information to be given on a form that is by this Part or the regulations to be prescribed and may include on a form so prescribed a declaration, to be signed by the person completing the form, declaring that the information given by that person on the form is, to the best of his or her knowledge, true, accurate and complete.

             (2)  A form purporting to be a form prescribed or authorized by the board shall be considered to be a form prescribed by the board under this Part unless called in question by the board or some person acting for the board or the Crown in right of Canada or the province.

             (3)  Where a form or information to be given on a form is prescribed by the board under this Act, it shall be considered not to be subordinate legislation within the meaning of the Statutes and Subordinate Legislation Act.

1986 c37 s121

DIVISION IX
TRANSITIONAL, CONSEQUENTIAL AND COMMENCEMENT

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Exploration agreements extent are continued

   123. (1) Where an exploration agreement in relation to a portion of the offshore area was entered into or negotiations in respect of an exploration agreement were completed under the Canada Oil and Gas Act before April 4, 1987, that exploration agreement shall, for the purposes of this Part, be referred to as an exploration licence and shall, subject to this Part, have effect in accordance with its terms and conditions.

             (2)  Where a declaration of significant discovery was made under section 45 of the Canada Oil and Gas Act and is in force on April 4, 1987, it continues in force as if it were made under section 70 of this Part.

             (3)  Where, on April 4, 1987, an exploration agreement is in force under section 16 of the Canada Oil and Gas Act, it shall be considered to be a significant discovery licence issued under this Part on April 4, 1987 and is subject to this Part.

1986 c37 s122

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Replacement of rights

   124. (1) Subject to section 123, the interests provided for under this Part replace all petroleum rights or prospects of petroleum rights acquired or vested in relation to a portion of the offshore area prior to April 4, 1987.

             (2)  A party shall not have a 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 for an acquired, vested or future right or entitlement or a prospect of an acquired, vested or future right or entitlement that is replaced or otherwise affected by this Part, or for a duty or liability imposed on that party by this Part.

1986 c37 s123

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Regulations continue in force

   125. (1) The Canada Oil and Gas Land Regulations remain in force to the extent that they are consistent with this Part until they are revoked or replaced by regulations made under this Part.

             (2)  Notwithstanding subsection 124(1), all interests provided by the Canada Oil and Gas Land Regulations that are in force on April 4, 1987 continue in force subject to sections 126 to 129.

             (3)  All rights of Petro-Canada to acquire further interests or shares in interests as a result of the operation of section 33, 120 or 121 of the Canada Oil and Gas Land Regulations are abrogated as of March 5, 1982.

             (4)  Where a portion of the offshore area becomes a Crown reserve area on or after April 30, 1980, Petro-Canada shall not be entitled to exercise any rights under section 33 of the Canada Oil and Gas Land Regulations with respect to that Crown reserve area.

             (5)  Where a person acquires, disposes of or otherwise deals in an interest or a share in an interest in respect of which Petro-Canada would, but for the circumstances described in paragraph (a) or (b), have had a right under section 33, 120 or 121 of the Canada Oil and Gas Land Regulations, that acquisition, disposition or dealing is vitiated by reason only of

             (a)  the failure to give Petro-Canada a notice required under any of those sections; or

             (b)  the erroneous determination of a Canadian participation rate under those regulations.

             (6)  Subsection (5) has retrospective application to an acquisition, disposition or dealing that occurred before March 5, 1982.

             (7)  In this section, "Petro-Canada" means the corporation established by thePetro-Canada Act.

1986 c37 s124

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Former permits, former special renewal permits and former exploration agreements

   126. (1) Subject to sections 128 and 129, the interest owner of a former permit, former special renewal permit or former exploration agreement shall, on or before the 1st anniversary date of an interest following March 5, 1982 or on or before 6 months following that date, whichever is the later, negotiate an exploration licence with the board subject to sections 31 to 40.

             (2)  Where an interest owner referred to in subsection (1) does not comply with that subsection, the portion of the offshore area under the relevant interest is considered to be surrendered and becomes a Crown reserve area.

             (3)  Notwithstanding anything in this Part, an exploration licence under subsection (1) may be extended to include all or a portion of the offshore area under the preceding interest and related portions of the offshore area that, immediately before the extension, were Crown reserve areas.

             (4)  Where a former special renewal permit or former exploration agreement contains provisions for the drilling of 1 or more wells, the board shall offer to issue an exploration licence to the interest owner for a term equal to the balance of the term of the former special renewal permit or former exploration agreement remaining on March 5, 1982 and having the same drilling provisions.

1986 c37 s125

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Former leases

   127. (1) Subject to sections 128 and 129, the interest owner of a former lease shall, on or before the 1st anniversary date of the former lease following March 5, 1982 or on or before 6 months following that date, whichever is the later, negotiate an exploration licence with the board subject to sections 31 to 40.

             (2)  Where the interest owner referred to in subsection (1) does not comply with that subsection, the portion of the offshore area under the former lease is considered to be surrendered and becomes a Crown reserve area.

             (3)  Subsection 126(3) applies, with the modifications that the circumstances require, to lands that may be included in an exploration licence under subsection (1).

1986 c37 s126

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Extension of time

   128. Where an exploration licence required to be negotiated under section 126 or 127 cannot be negotiated within the period provided in those sections for a reason not attributable to the interest owner, the board shall extend that period to allow for negotiation within a reasonable time.

1986 c37 s127

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Consolidated exploration agreement

   129. (1) One or more interest owners of former permits, former special renewal permits, former exploration agreements or former leases may, for the purpose of complying with subsection 126(1) or subsection 127(1), negotiate together a single exploration licence that would consolidate a number or combination of the interests held by those interest owners.

             (2)  Subject to sections 31 to 40, an exploration licence negotiated under subsection (1) shall contain the terms and conditions that may be agreed on by the board and the interest owners of an exploration licence.

1986 c37 s128

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Crown share abrogated

   130. For greater certainty, the reservation to the Crown in right of Canada of a Crown share in an interest granted or entered into under the Canada Oil and Gas Act before April 4, 1987 is abrogated as of April 4, 1987.

1986 c37 s129

PART III
PETROLEUM OPERATIONS

1992 c15 s7

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Definitions

   131. In this Part

             (a)  "chief conservation officer" means the person designated as chief conservation officer under section 136;

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

             (b)  "committee" means the Oil and Gas Committee established by section 137;

             (c)  "lease" means an oil and gas lease issued under regulations made in accordance with the Territorial Lands Act (Canada ) and the Public Lands Grants Act (Canada ) and includes a production licence issued under Part II;

             (d)  "permit" means an exploratory oil and gas permit issued under regulations made in accordance with the Territorial Lands Act (Canada) and the Public Lands Grants Act (Canada) and includes an exploration agreement entered into under the Canada Oil and Gas Regulations and an exploration agreement or licence that is subject to Part II;

             (e)  "pipeline" means a pipe or a system or arrangement of pipes by which petroleum or water incidental to the drilling for or production of petroleum is conveyed from a well-head or other place at which it is produced to another place, or from a place where it is stored, processed or treated to another place, and includes all property used for the purpose of, or in connection with or incidental to, the operation of a pipeline in the gathering, transporting, handling and delivery of petroleum and includes offshore installations or vessels, tanks, surface reservoirs, pumps, racks, storage and loading facilities, compressors, compressor stations, pressure measuring and controlling equipment and fixtures, flow controlling and measuring equipment and fixtures, metering equipment and fixtures, and heating, cooling and dehydrating equipment and fixtures, but does not include a pipe or a system or arrangement of pipes that constitutes a distribution system for the distribution of gas to ultimate consumers; and

             (f)  "well" means an opening in the ground, not being a seismic shot hole, that is made, to be made or is in the process of being made, by drilling, boring or other method,

                      (i)  for the production of petroleum,

                     (ii)  for the purpose of searching for or obtaining petroleum,

                    (iii)  for the purpose of obtaining water to inject into an underground formation,

                    (iv)  for the purpose of injecting gas, air, water or other substance into an underground formation, or

                     (v)  for any purpose, where made through sedimentary rocks to a depth of at least 150 metres.

1986 c37 s130; 1992 c15 s8

PURPOSE

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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;

         (b.1)  accountability in accordance with the "polluter pays" principle;

             (c)  the conservation of petroleum resources; and

             (d)  joint production arrangements.

1992 c15 s9; 2015 c6 s9

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Application

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

1986 c37 s131

OIL AND GAS ADMINISTRATION ADVISORY COUNCIL

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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.

1992 c15 s10

OFFSHORE OIL AND GAS TRAINING STANDARDS ADVISORY BOARD

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Minister may approve board

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

1992 c15 s10

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Prohibition

   133. A person shall not carry on any work or activity related to the exploration or drilling for or the production, conservation, processing or transportation of petroleum in the offshore area unless

             (a)  that person is the holder of an operating licence 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

             (c)  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.

1986 c37 s132; 1992 c15 s11

DELEGATION

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Delegation of board's powers

133.1 The board may delegate to a person any of the board's powers under section 134, 134.4, 134.6, 135.1, 135.2, 157.1 or 158, and the person shall exercise those powers in accordance with the terms of the delegation.

2015 c6 s10

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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 one year each.

             (3)  An operating licence is subject to any requirements that are determined by the board or that are prescribed and to any deposits that are prescribed.

             (4)  On receipt by the board of an application for an authorization for a work or activity referred to in paragraph (1)(b) or of an application to amend such an authorization, the board shall provide a copy of the application to the chief safety officer.

             (5)  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.

             (6)  The approvals, requirements and deposits that are determined, granted or prescribed shall not be inconsistent with the provisions of this Act or the regulations.

             (7)  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 or deposit, determined by the board in accordance with the provisions of this Part or Part III.1 or granted or prescribed by regulations made under either of those Parts, subject to which the licence or authorization was issued;

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

             (c)  a requirement undertaken in a declaration referred to in subsection 135.1(1);

             (d)  subsection 135.1(3), 135.2(2), 157.1(4) or (5) or 158(1.3), (1.4) or (5);

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

             (f)  applicable regulations.

2015 c6 s11

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Environmental assessment

134.1 (1) If an application for an authorization under paragraph 134(1)(b) or an application made under subsection 135(2) is in respect of a physical activity described in subsection (2), the board shall issue a decision statement referred to in section 54 of the Canadian Environmental Assessment Act, 2012 in respect of the physical activity within 12 months after the day on which the applicant has, in the board's opinion, provided a complete application.

             (2)  The physical activity in question is a physical activity that

             (a)  is carried out in the offshore area;

             (b)  is designated by regulations made under paragraph 84(a) of the Canadian Environmental Assessment Act, 2012 or in an order made under subsection 14(2) of that Act;

             (c)  is one for which the board is the responsible authority as defined in subsection 2(1) of that Act; and

             (d)  is one in relation to which an environmental assessment was not referred to a review panel under section 38 of that Act.

             (3)  The physical activity referred to in subsection (2) includes any physical activity that is incidental to the physical activity described in paragraphs (2)(a) to (d).

             (4)  If the board requires the applicant to provide information or undertake a study with respect to the physical activity, the period that is taken by the applicant, in the board's opinion, to comply with the requirement is not included in the calculation of the period referred to in subsection (1).

             (5)  The board shall, without delay, make public

             (a)  the date on which the 12 month period referred to in subsection (1) begins; and

             (b)  the dates on which the period referred to in subsection (4) begins and ends.

2015 c6 s11

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Participant funding program

134.2 The board may establish a participant funding program to facilitate the participation of the public in the environmental assessment as defined in subsection 2(1) of the Canadian Environmental Assessment Act, 2012 of any physical activity described in subsection 134.1(2) that meets the condition set out in paragraph 58(1)(a) of that Act and that is the subject of an application for an authorization under paragraph 134(1)(b) or an application made under subsection 135(2).

2015 c6 s11

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Right of entry

134.3 (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, a person may not 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.

2015 c6 s11

SAFETY OF WORKS AND ACTIVITIES

2015 c6 s11

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Safety

134.4 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.

2015 c6 s11

SPILL-TREATING AGENT

2015 c6 s11

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Net environmental benefit

134.5 (1) The board shall not permit the use of a spill-treating agent in an authorization issued under paragraph 134(1)(b) unless the board determines, taking into account any prescribed factors and any factors the board considers appropriate, that the use of the spill-treating agent is likely to achieve a net environmental benefit. (s134.5(1) NOT IN FORCE)

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

2015 c6 s11

FINANCIAL REQUIREMENTS

2015 c6 s11

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Compliance with certain provisions

134.6 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 subsections 157.1(1) or (2) and 158(1) or (1.1) in respect of that work or activity.

2015 c6 s11

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Approval of approach

   135. (1) No approval that is

             (a)  applicable to an authorization under paragraph 134(1)(b) to carry on work or activity in relation to developing a pool or field; and

             (b)  prescribed by the regulations for the purposes of this subsection

shall be granted, except with the approval of both ministers, unless the board, on application submitted in accordance with subsection (2), has approved a development plan relating to the pool or field under paragraphs (4)(a) and (b).

             (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).

             (3)  A development plan relating to the proposed development of a pool or field submitted under this section shall be set out in 2 parts, containing

             (a)  in Part I, a description of the general approach of developing the pool or field, and in particular, information in the detail that may be prescribed, with respect to

                      (i)  the scope, purpose, location, timing and nature of the proposed development,

                     (ii)  the production rate, evaluations of the pool or field, estimated amounts of petroleum proposed to be recovered, reserves, recovery methods, production monitoring procedures, costs and environmental factors in connection with the proposed development, and

                    (iii)  the production system and alternative production systems that could be used for the development of the pool or field; and

             (b)  in Part II, all technical or other information and proposals, that may be prescribed, necessary for a comprehensive review and evaluation of the proposed development.

             (4)  After reviewing an application and development plan submitted by a person under this section the board may, subject to the requirements that the board considers appropriate or that may be prescribed, approve

             (a)  subject to sections 31 to 40, Part I of the development plan; and

             (b)  Part II of the development plan.

             (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.

1986 c37 s134; 1992 c15 s14; 1999 c22 s5

DECLARATIONS AND CERTIFICATES

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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)  [Rep. by 2013 c3 s20]

             (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.

1992 c15 s15; 2013 c3 s20

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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.

1992 c15 s15

CHIEF SAFETY OFFICER AND CHIEF CONSERVATION OFFICER

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Designation

   136. (1) The board may, for the purpose of this Act, designate a person as the chief safety officer and another person as the chief conservation officer.

             (2)  Notwithstanding subsection (1), the chief executive officer may not be designated as the chief safety officer.

2013 c3 s21

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Orders

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

2013 c3 s21

EXTENDED FORMATION FLOW TESTS

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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.

1992 c15 s16

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Oil and Gas Committee

   137. (1) The board may, for the purpose of this Part and Part III of the federal Act, establish a committee to be known as the Oil and Gas Committee, consisting of not more than 5 members, not more than 3 of whom may be employees in the public service of Canada or of the province.

             (2)  The members of the committee shall be appointed by the board to hold office for a term of 3 years, and 1 member shall be designated as chairperson for the term that may be fixed by the board.

             (3)  A retiring chairperson or retiring member may be reappointed to the committee in the same or another capacity.

1986 c37 s136

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Qualification of members

   138. (1) The board shall appoint as members of the committee at least 2 persons who appear to the board to have specialized, expert or technical knowledge of petroleum.

             (2)  The members and employees of the board and the chief conservation officer are not eligible to be members of the committee.

             (3)  The board shall provide the committee with the officers, clerks and employees that may be necessary for the proper conduct of the affairs of the committee, and may provide the committee with the professional or technical assistance for temporary periods or for specific work that the committee may request, but assistance shall not be provided otherwise than from the staff of the board except with the approval of the 2 ministers.

             (4)  The members of the committee who are not employees of the public service of Canada or of the province shall be paid the remuneration that may be authorized by the board.

             (5)  The members of the committee are entitled to be paid reasonable travel and living expenses while absent from their ordinary place of residence in the course of their duties.

1986 c37 s137

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Interest in petroleum properties

   139. A member of the committee shall not have a monetary interest, directly or indirectly, in property in petroleum to which this Part applies or own shares in a company engaged in a phase of the petroleum industry in Canada in an amount in excess of 5% of the issued shares of a company and a member who owns shares of a company engaged in a phase of the petroleum industry in Canada shall not vote when a question affecting such a company is before the committee.

1986 c37 s138

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Quorum and powers of board

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

             (2)  The committee may make general rules consistent with this Part regulating its practice and procedure and the places and times of its sittings.

1986 c37 s139

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Jurisdiction

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

             (2)  For the purpose of an inquiry, hearing or appeal, or the making of an order under this Part, the committee has, regarding the attendance, swearing and examination of witnesses, the production and inspection of documents, the entry on and inspection of property, the enforcement of its orders and regarding other matters necessary or proper for the exercise of its jurisdiction under this Part, the powers, rights and privileges that are vested in a superior court of record.

             (3)  The finding or determination of the committee upon a question of fact within its jurisdiction is binding and conclusive.

1986 c37 s140

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Appointing member to hold inquiry

   142. (1) The committee may authorize and appoint a member of the committee to inquire into a matter before the committee that may be directed by the committee and to report the evidence and findings on the matter to the committee, and when the report is made to the committee, it may be adopted as a finding of the committee or otherwise dealt with as the committee considers advisable.

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

1986 c37 s141

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Advisory functions

   143. The board may refer to the committee for a report or recommendation a question, matter or thing arising under this Part or relating to the conservation, production, storage, processing or transportation of petroleum.

1986 c37 s142

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Enforcement of committee orders

   144. (1) An order made by the committee may, for the purpose of enforcement of the order, be made an order of the Supreme Court of Newfoundland and Labrador and shall be enforced in the same manner as an order of that court.

             (2)  To make an order of the committee an order of the Supreme Court of Newfoundland and Labrador, the practice and procedure established by that court for making an order an order of that court may be followed or instead of that practice and procedure the secretary or another officer of the committee may file in the registry of the court a certified copy of the order and the order becomes an order of the court.

             (3)  Where an order of the committee has been made an order of the Supreme Court, an order of the committee, or of the board under section 183, rescinding or replacing the first mentioned order of the committee, shall be considered to cancel the order of the court and may in the same manner be made an order of the court.

1986 c37 s143; 2001 cN-3.1 s2

DIVISION I
REGULATION OF OPERATIONS

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Regulatory power

   145. (1) Subject to section 7, the Lieutenant-Governor in Council may make regulations for the purpose of safety, the protection of the environment and accountability 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)  concerning the measures to be taken in preparation for or in the case of a spill, as defined in subsection 155(1), including measures concerning the use of a spill-treating agent;

             (d)  concerning the process for the determination of net environmental benefit;

             (e)  concerning the variation or revocation of an approval referred to in subsection 156.1(1);

             (f)  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;

             (g)  concerning arbitration for the purpose of subsection 134.3(2), including the costs of or incurred in relation to those arbitrations;

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

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

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

             (k)  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;

              (l)  establishing the requirements for a pooled fund for the purpose of subsection 158(1.1);

           (m)  concerning the circumstances under which the board may make a recommendation for the purpose of subsection 158.1(1) and the information to be submitted with respect to that recommendation;

             (n)  concerning the creation, conservation and production of records; and

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

             (2)  A copy of each regulation that the Lieutenant-Governor in Council proposes to make under this Division shall be published in the Gazette and a reasonable opportunity shall be given to interested persons to make representations to the provincial minister with respect to each regulation.

             (3)  Notwithstanding subsection (2), a proposed regulation need not be published more than once under subsection (2) whether or not it is altered or amended after the publication as a result of representations made by interested persons as provided in that subsection.

             (4)  Unless otherwise provided in this Part, regulations made under subsection (1) may incorporate by reference the standards or specifications of a government, person or organization, either as of a fixed time or as amended.

1986 c37 s144; 1992 c15 s18; 2015 c6 s12

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Equivalent standards

   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 a regulation made under section 145, 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 imposed by a regulation made under section 145, 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).

1986 c37 s145; 1992 c15 s19; 2013 c3 s22

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Guidelines and interpretation notes

   147. (1) The board may issue and publish, in any manner that the board 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 made under section 29.1 and 145.

             (2)  Guidelines and interpretation notes issued under subsection (1) shall be considered not to be subordinate legislation for the purposes of the Statutes and Subordinate Legislation Act.

1986 c37 s145.1; 192 c15 s20; 2015 c6 s13

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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 subsection 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.

             (3)  Subsections 150(2) to (4) and section 152 apply, with the modifications that the circumstances require, to an order under subsection (1) or (2) as if it were an order under subsection 150(1).

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

1986 c37 s146; 1992 c15 s21

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Waste prohibited

   149. (1) A person who commits waste is guilty of an offence under this Division, but a prosecution may be instituted for such an offence only with the consent of the board.

             (2)  In this Part "waste", in addition to its ordinary meaning, means waste as understood in the petroleum industry and in particular includes

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

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

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

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

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

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

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

1986 c37 s147

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Prevention of waste

   150. (1) Where the chief conservation officer on reasonable grounds is of the opinion that waste, other than waste as defined in paragraph 149(2)(f) or (g), is being committed, the chief conservation officer may, subject to subsection (2), order that all operations giving rise to that waste stop until the chief conservation officer is satisfied that the waste has stopped.

             (2)  Before making an order under subsection (1), the chief conservation officer shall hold an investigation at which interested persons shall be given an opportunity to be heard.

             (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.

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

1986 c37 s148; 1992 c15 s22

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Giving effect to order

   151. (1) For the purpose of giving effect to an order made under section 150, the chief conservation officer may authorize those persons that may be necessary to enter the place where the operations giving rise to the waste are being carried out and take over the management and control of the operations and works connected with the operations.

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

1986 c37 s149

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Appeal to committee

   152. (1) A person aggrieved by an order of the chief conservation officer after an investigation under section 150 may appeal to the committee to have the order reviewed.

             (2)  After hearing the appeal, the committee may

             (a)  set aside, confirm or vary the order made by the chief conservation officer;

             (b)  order those works to be undertaken that may be considered necessary to prevent waste, the escape of petroleum or another contravention of this Division or the regulations; or

             (c)  make another or further order that the committee considers appropriate.

1986 c37 s150

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Waste by failure to utilize petroleum, etc.

   153. (1) Where the chief conservation officer on reasonable grounds is of the opinion that waste as defined in paragraph 149(2)(f) or (g) is occurring in the recovery of petroleum from a pool, the chief conservation officer may apply to the committee for an order requiring the operators within the pool to show cause at a hearing to be held on a day specified in the order why the committee should not make a direction in respect of the hearing.

             (2)  On the day specified in the order under subsection (1) the committee shall hold a hearing at which the chief conservation officer, the operators and other interested persons shall be given an opportunity to be heard.

1986 c37 s151

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Order

   154. (1) Where, after the hearing mentioned in section 153, the committee is of the opinion that waste as defined in paragraph 149(2)(f) or (g) is occurring in the recovery of petroleum from a pool, the committee may, by order,

             (a)  direct the introduction of a scheme for the collection, processing, disposition or reinjection of gas produced from the pool; or

             (b)  direct repressurizing, recycling or pressure maintenance for the pool or a part of the pool and for, or incidental to that purpose, direct the introduction or injection into that pool, or part of it, of gas, water or other substance,

and the order may further direct that the pool or part of it specified in the order be shut in where the requirements of the order are not met or unless a scheme is approved by the committee and in operation by a date fixed by the order.

             (2)  Notwithstanding subsection (1), the committee may permit the continued operation of a pool or a part of a pool after the date fixed by an order under subsection (1) where in the opinion of the committee a scheme for the repressurizing, recycling or pressure maintenance or the processing, storage or disposal of gas is in course of preparation, but a continuation of operations is subject to conditions imposed by the committee.

1986 c37 s152

SPILLS AND DEBRIS

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Definitions re petroleum spills

   155. (1) In sections 156 to 161, "spill" means a discharge, emission or escape of petroleum, other than one that is authorized under section 156.2, the regulations or a federal law but does not include a discharge from a vessel to which Part 8 or 9 of the Canada Shipping Act, 2001 applies or from a ship to which Part 6 of the Marine Liability Act (Canada) applies.

             (2)  In section 157, "actual loss or damage" includes loss of income, including future income, and, with respect to aboriginal peoples of Canada , includes loss of hunting, fishing and gathering opportunities, but does not include loss of income recoverable under subsection 42(3) of the Fisheries Act (Canada ).

             (3)  In sections 157, 158 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 an authorization that may be required by or under this Part or any material that has broken away or has been jettisoned or displaced in the course of that work or activity.

             (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.

1986 c37 s153; 1992 c15 s24; 2013 c3 s23; 2015 c6 s14

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Spills prohibited

   156. (1) A person shall not cause or permit a spill on or from a portion of the offshore area.

             (2)  Where a spill occurs in a portion of the offshore area, a person who at the time of the spill is carrying on any work or activity related to the exploration for or development or production of petroleum in the area of the spill shall, in the manner prescribed by the regulations, report the spill to the chief conservation officer.

             (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 health and the environment to prevent a further spill, to repair or remedy a condition resulting from the spill and to reduce or mitigate damage or danger that results or may reasonably be expected to result from the spill.

             (4)  Where the chief conservation officer is satisfied on reasonable grounds that

             (a)  a spill has occurred in a portion of the offshore area and immediate action is necessary in order to effect reasonable measures referred to in subsection (3); and

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

the chief conservation officer may take the action or direct that it be taken by those persons that may be necessary.

             (5)  For the purposes of subsection (4), the chief conservation officer may authorize and direct those persons that may be necessary to enter the place where the spill has occurred and take over the management and control of work or activity being carried on in the area of the spill.

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

             (7)  Costs incurred under subsection (6) shall be borne by the person who obtained an authorization under paragraph 134(1)(b) in respect of the work or activity from which the spill emanated and, until paid, constitute a debt recoverable by action in a court as a debt due to the board.

         (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.

             (8)  Section 152 applies, with the modifications that the circumstances require, to an action or measure taken or authorized or directed to be taken under subsections (4) to (6) as if it were taken or authorized or directed to be taken by order under subsection 150(1) and as if the order were not subject to an investigation.

             (9)  A person required, directed or authorized to act under this section is not 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.

1986 c37 s154; 1992 c15 s25; 2013 c3 s24

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Spill-treating agent

156.1 (1) The provisions referred to in Schedule 1 of the federal Act do not apply to the deposit of a spill-treating agent and those referred to in Schedule 2 of the federal Act do not apply in respect of any harm that is caused by the spill-treating agent or by the interaction between the spill-treating agent and the spilled oil, if

             (a)  the authorization issued under paragraph 134(1)(b) permits the use of the spill-treating agent;

             (b)  other than in the case of a small-scale test that meets the prescribed requirements, the chief conservation officer approves in writing  the use of the agent in response to the spill and it is used in accordance with any requirements set out in the approval; 

             (c)  the agent is used for the purpose of subsection 156(3) or (4); and

             (d)  the agent is used in accordance with the regulations
(s156.1 (1), (2) & (3) NOT IN FORCE)

             (2)  The provisions referred to in Schedule 2 of the federal Act continue to apply to the holder of an authorization referred to in paragraph (1)(a) in respect of any harm that is caused by the spill or, notwithstanding  subsection (1), by the interaction between the spill-treating agent and the spilled oil. (s156.1 (1), (2) & (3) NOT IN FORCE)

             (3)  Other than in the case of a small-scale test, the chief conservation officer shall not approve the use a spill-treating agent unless the chief conservation officer determines, taking into account any factors prescribed in regulations and any factors the chief conservation officer considers appropriate, that the use of the spill-treating agent is likely to achieve a net environmental benefit.(s156.1 (1), (2) & (3) NOT IN FORCE)

             (4)  Subsections (1) to (3) shall come into force, and subsections (5) to (7) shall be repealed on a day to be proclaimed by the Lieutenant-Governor in Council.

             (5)  The provisions referred to in Schedule 1 of the federal Act do not apply to the deposit of a spill-treating agent and those referred to in Schedule 2 of the federal Act do not apply in respect of any harm that is caused by the spill-treating agent or by the interaction between the spill-treating agent and the spilled oil, if

             (a)  the authorization issued under paragraph 134(1)(b) permits the use of the spill-treating agent;

             (b)  the chief conservation officer approves the use of the agent in response to the spill and it is used in accordance with any requirements set out in the approval; and

             (c)  the agent is used for the purpose of subsection 156(3) or (4).

             (6)  The provisions referred to in Schedule 2 of the federal Act continue to apply to the holder of an authorization referred to in paragraph (1)(a) in respect of any harm that is caused by the spill or, notwithstanding  subsection (1), by the interaction between the spill-treating agent and the spilled oil.

             (7)  Other than in the case of a small-scale test, the approval required under paragraph (1)(b) shall be in writing and shall not be granted unless

             (a)  the chief conservation officer has consulted with the provincial minister and the federal minister;

             (b)  the federal minister has consulted with the federal minister of Environment with respect to the approval; and

             (c)  the chief conservation  officer determines that the use of the agent is likely to achieve a net environmental benefit.

2015 c6 s15

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Scientific research

156.2 The provincial minister may grant approval for the deposit of a spill-treating agent, oil or oil surrogate where

             (a)  the deposit is for the purpose of a particular research project pertaining to the use of a spill-treating agent in mitigating the environmental impacts of a spill; and

             (b)  the federal minister requested the approval of the provincial minister.

2015 c6 s15

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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)  all persons to whose fault or negligence the spill or the authorized discharge, emission or escape of petroleum is attributable or who are by law responsible for others to whose fault or negligence the spill or the authorized discharge, emission or escape of petroleum is attributable are jointly and severally liable, to the extent determined according to the degree of the fault or negligence proved against them, for

                      (i)  all actual loss or damage incurred by a person as a result of the spill or the authorized discharge, emission or escape of petroleum or as a result of any action or measure taken in relation to the spill or the authorized discharge, emission or escape of petroleum,

                     (ii)  the costs and expenses reasonably incurred by the board or the Crown in right of Canada or the province or another person in taking any action or measure in relation to the spill or the authorized discharge, emission or escape of petroleum, and

                    (iii)  all loss of non-use value relating to a public resource that is affected by a spill or the authorized discharge, emission or escape of petroleum or as a result of any action or measure taken in relation to the spill or the authorized discharge, emission or escape of petroleum; and

             (b)  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 the authorized discharge, emission or escape of petroleum emanated is liable, without proof of fault or negligence, up to the applicable limit of liability that is set out in subsection (2.2) for the actual loss or damage, the costs and expenses and the loss of non-use value described in subparagraphs (a)(i) to (iii).

             (2)  If, as a result of debris or as a result of any action or measure taken in relation to debris, there is a loss of non-use value relating to a public resource or any person incurs actual loss or damage or if the board or the Crown in right of Canada or the province reasonably incurs any costs or expenses in taking any 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; and

             (b)  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 the applicable limit of liability that is set out in subsection (2.2), for that loss, actual loss or damage, and for those costs and expenses.

         (2.1)  A person who is required to obtain an authorization under paragraph 134(1)(b) and who retains, to carry out a work or activity in respect of which the authorization is required, the services of a contractor to whom paragraph (1)(a) or (2)(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 subparagraphs (1)(a)(i) to (iii) and subsection (2).

         (2.2)  For the purpose of paragraphs (1)(b) and 2(b), the limits of liability are

             (a)  in respect of any area of land or submarine area referred to in paragraph 6(1)(a) of the Artic Waters Pollution Prevention Act (Canada), the amount by which $1 billion exceeds the amount prescribed under section 9 of that Act in respect of any activity or undertaking engaged in or carried on by any person described in paragraph 6(1)(a) of that Act; and

             (b)  in respect of any area to which this Act applies and to which paragraph (a) does not apply, the amount of $1 billion.

         (2.3)  Subject to section 7, the Lieutenant-Governor in Council may, by regulation, increase the amounts referred to in subsection (2.2).

         (2.4)  If a person is liable under paragraph (1)(b) or (2)(b) 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 that is set out in subsection (2.2) 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 limits set out in subsection (2.2) do not apply.

         (2.5)  Only the Crown in right of Canada or the province may bring an action to recover a loss of non-use value described in subsections (1) and (2).

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

             (a)  firstly, without preference, in favour of persons incurring actual loss or damage described in subsections (1) and (2);

             (b)  secondly, without preference, to meet any costs and expenses described in those subsections; and

             (c)  lastly, to recover a loss of non-use value described in those subsections.

             (4)  Subject to subsection (2.5), 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 another person; or

             (c)  the operation of an applicable law or rule of law that is consistent with this section.

             (5)  Proceedings in respect of claims under this section may be instituted within 3 years after the day when the loss, damage, costs or expenses occurred but in no case after 6 years from the day the spill or the discharge, emission or escape of petroleum occurred or, in the case of debris, after the day the installation or structure in question was abandoned or the material in question broke away or was jettisoned or displaced.

1986 c37 s155; 1992 c15 s26; 2013 c3 s25; 2015 c6 s16

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Proof of financial resources

157.1 (1) An applicant for an authorization under paragraph 134(1)(b) for the drilling for or development or production of petroleum shall provide proof, in the prescribed form and manner, that it has the financial resources necessary to pay the greatest of the amounts of the limits of liability referred to in subsection 157(2.2) that apply to it, however if the board considers it necessary, it may determine a greater amount and require proof that the applicant has the financial resources to pay that greater amount.

             (2)  An applicant for an authorization under paragraph 134(1)(b) for any other work or activity shall provide proof, in the prescribed form and manner, that it has the financial resources necessary to pay an amount that is determined by the board.

             (3)  When the board determines an amount under subsection (1) or (2), the board is not required to consider any potential loss of non-use value relating to a public resource that is affected by a spill or the authorized discharge, emission or escape of petroleum or as a result of debris.

             (4)  The holder of an authorization under paragraph 134(1)(b) shall ensure that the proof referred to in subsections (1) and (2) remains in force for the duration of the work or activity in respect of which the authorization is issued.

             (5)  The holder of an authorization under paragraph 134(1)(b) shall also ensure that the proof referred to in subsection (1) remains in force for a period of one year beginning on the day on which the board notifies the holder that it has accepted a report submitted by the holder indicating that the last well in respect of which the authorization is issued is abandoned.

             (6)  The board may reduce the period referred to in subsection (5) and may decide that the proof that is to remain in force during that period is proof that the holder has the financial resources necessary to pay an amount that is less than the amount referred to in subsection (1) and that is determined by the board.

2015 c6 s17

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Financial responsibility

   158. (1) An applicant for an authorization under paragraph 134(1)(b) shall provide proof of financial responsibility in the form of a letter of credit, guarantee or indemnity bond or in any other form satisfactory to the board,

             (a)  in the case of the drilling for or development or production of petroleum in the offshore area, in the amount of $100 million or, if the board considers it necessary, in a greater amount that it determines; or

             (b)  in any other case, in an amount that is satisfactory to, and determined by, the board.

         (1.1)  An applicant to which paragraph (1)(a) applies may, rather than provide proof of financial responsibility in the amount referred to in that paragraph, provide proof that it participates in a pooled fund that is established by the oil and gas industry, that is maintained at a minimum of $250 million and that meets any other requirements that are established by regulation.

         (1.2)  Subject to section 7, the Lieutenant-Governor in Council may, by regulation, increase the amount referred to in subsection (1.1).

         (1.3)  The holder of an authorization under paragraph 134(1)(b) shall ensure that the proof of financial responsibility referred to in subsection (1) or (1.1) remains in force for the duration of the work or activity in respect of which the authorization is issued.

         (1.4)  The holder of an authorization under paragraph 134(1)(b) shall also ensure that the proof referred to in paragraph (1)(a) or subsection (1.1) remains in force for a period of one year beginning on the day on which the board notifies the holder that it has accepted a report submitted by the holder indicating that the last well in respect of which the authorization is issued is abandoned.

         (1.5)  The board may reduce the period referred to in subsection (1.4) and may decide, other than in the case of a holder that participates in a pooled fund, that the proof that is to remain in force during that period is for an amount that is less than the amount referred to in paragraph (1)(a) and that is determined by the board.

             (2)  The board may require that moneys in an amount not exceeding the amount prescribed for any case or class of cases, or determined by the board in the absence of regulations, be paid out of the funds available under the letter of credit, guarantee or indemnity bond or other form of financial responsibility provided under subsection (1), or be paid out of the pooled fund referred to in subsection (1.1), in respect of any claim for which proceedings may be instituted under section 157, whether or not those proceedings have been instituted.

             (3)  Where payment is required under subsection (2), it 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 by the regulations for a case or class of cases, or that may be required by the board in the absence of regulations.

             (4)  Where a claim is sued for under section 157, there shall be deducted from an award made under the action on that claim an amount received by the claimant under this section in respect of the loss, damage, costs or expenses claimed.

             (5)  The holder of an authorization under paragraph 134(1)(b) that is liable for a discharge, emission or escape of petroleum that is authorized by regulation or for any spill or debris in respect of which a payment has been made under subsection (2) out of the pooled fund, shall reimburse the amount of the payment in the prescribed manner.

1986 c37 s156; 1992 c15 s27; 2015 c6 s18

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Lesser amount

158.1 (1) The provincial minister may, by order, on the recommendation of the board and with the federal minister's approval, approve an amount that is less than the amount referred to in paragraph 157(2.2)(a) or (b) or 158(1)(a) in respect of an applicant for, or a holder of, an authorization under paragraph 134(1)(b).

             (2)  If the provincial minister approves an amount that is less than the amount referred to in paragraph 157(2.2)(a) or (b) in respect of an applicant for an authorization under paragraph 134(1)(b), that applicant, for the purposes of subsection 157.1(1), shall only provide proof that it has the financial resources necessary to pay the adjusted amount approved by the provincial minister.

             (3)  An applicant for an authorization under paragraph 134(1)(b) does not contravene paragraph 158(1)(a) if that applicant provides proof of financial responsibility in the amount that is approved by the provincial minister under this section.

2015 c6 s19

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Review committee

   159. (1) A committee, consisting of members appointed by each government, and by representatives of the petroleum industry and of the fisheries industry, is established by the joint operation of this Act and the federal Act to review and monitor sections 157 and 158 and claims and the payment of claims made under those sections.

             (2)  The committee referred to in subsection (1) may be dissolved only by the joint operation of an Act of the Parliament of Canada and an Act of the Legislature.

1986 c37 s157

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Fishermen's compensation

   160. The board shall promote and monitor compensation policies for fishers sponsored by the fishing industry respecting damages of a non-attributable nature.

1986 c37 s158

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Inquiries

   161. (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 results in death or injury or danger to public safety or the environment, the board may direct an inquiry to be made and may authorize a person it considers qualified to conduct the inquiry.

         (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.

             (2)  For the purpose of an inquiry under subsection (1), a person authorized by the board under that subsection has and may exercise the powers of a person appointed as a commissioner under the Public Inquiries Act.

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

             (4)  A report made under subsection (3) shall be published by the board within 30 days after the board has received it.

             (5)  The board may supply copies of a report published under subsection (4) in the manner or on the terms that the board considers appropriate.

1986 c37 s159; 1992 c15 s28

DIVISION II
PRODUCTION ARRANGEMENTS

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Definitions

   162. In this Division

             (a)  "pooled spacing unit" means the area that is subject to a pooling agreement or a pooling order;

             (b)  "pooled tract" means the portion of a pooled spacing unit defined as a tract in a pooling agreement or a pooling order;

             (c)  "pooling agreement" means an agreement to pool the interests of owners in a spacing unit and to provide for the operation or the drilling and operation of a well on the spacing unit;

             (d)  "pooling order" means an order made under section 164 or as altered under section 166;

             (e)  "royalty interest" means an interest in, or the right to receive a portion of, petroleum produced and saved from a field or pool or part of a field or pool or the proceeds from the sale of petroleum, but does not include a working interest or the interest of a person whose sole interest is as a purchaser of petroleum from the pool or part of the pool;

             (f)  "royalty owner" means a person, including the Crown, who owns a royalty interest;

             (g)  "spacing unit" means that area allocated to a well for the purpose of drilling for or producing petroleum;

             (h)  "tract participation" means the share of production from a unitized zone that is allocated to a unit tract under a unit agreement or unitization order or the share of production from a pooled spacing unit that is allocated to a pooled tract under a pooling agreement or pooling order;

              (i)  "unit agreement" means an agreement to unitize the interests of owners in a pool or part of a pool exceeding in area a spacing unit, or such an agreement as varied by a unitization order;

              (j)  "unit area" means the area that is subject to a unit agreement;

             (k)  "unit operating agreement" means an agreement, providing for the management and operation of a unit area and a unitized zone, that is entered into by working interest owners who are parties to a unit agreement with respect to that unit area and unitized zone, and includes a unit operating agreement as varied by a unitization order;

              (l)  "unit operation" means those operations conducted under a unit agreement or a unitization order;

           (m)  "unit operator" means a person designated as a unit operator under a unit operating agreement;

             (n)  "unit tract" means the portion of a unit area that is defined as a tract in a unit agreement;

             (o)  "unitization order" means an order of the committee made under section 172;

             (p)  "unitized zone" means a geological formation that is within a unit area and subject to a unit agreement;

             (q)  "working interest" means a right, in whole or in part, to produce and dispose of petroleum from a pool or part of a pool, whether that right is held as an incident of ownership of an estate in fee simple in the petroleum or under a lease, agreement or other instrument, if the right is chargeable with and the holder of the right is obligated to pay or bear, either in cash or out of production, all or a portion of the costs in connection with the drilling for, recovery and disposal of petroleum from the pool or part of the pool; and

              (r)  "working interest owner" means a person who owns a working interest.

1986 c37 s160

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Voluntary pooling

   163. (1) Where 1 or more working interest owners have leases or separately owned working interests within a spacing unit, the working interest owners and the royalty owners who own all of the interests in the spacing unit may pool their working interests and royalty interests in the spacing unit for the purpose of drilling for or producing petroleum where a copy of the pooling agreement and an amendment to it has been filed with the chief conservation officer.

             (2)  The board may, on behalf of the Crown, enter into a pooling agreement on the terms and conditions that it considers advisable and, notwithstanding anything in this Part or Part II, the Federal Real Property and Federal Immovables Act (Canada ) or regulations made under those Parts or that Act, the pooling agreement is binding on the Crown.

1986 c37 s161; 2013 c3 s26

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Pooling order

   164. (1) In the absence of a pooling agreement, a working interest owner in a spacing unit may apply for a pooling order directing the working interest owners and royalty owners within the spacing unit to pool their interests in the spacing unit for the purpose of drilling for and producing, or producing, petroleum from the spacing unit.

             (2)  An application under subsection (1) shall be made to the board which shall refer the application to the committee for the purpose of holding a hearing to determine whether a pooling order should be made and at the hearing the committee shall give all interested parties an opportunity to be heard.

             (3)  Before a hearing held under subsection (2), the working interest owner making application shall provide the committee, and the other interested parties that the committee may direct, with a proposed form of pooling agreement and the working interest owners who have interests in the spacing unit to which the proposed pooling agreement relates shall provide the committee with the information that the committee considers necessary.

             (4)  After a hearing under subsection (2), the committee may order that all working interest owners and royalty owners who have an interest in the spacing unit shall be considered to have entered into a pooling agreement as set out in the pooling order.

             (5)  A pooling order shall provide

             (a)  for the drilling and operation of a well on the spacing unit or, where a well that is capable of or that can be made capable of production has been drilled on the spacing unit before the making of the pooling order, for the future production and operation of that well;

             (b)  for the appointment of a working interest owner as operator to be responsible for the drilling, operation or abandoning of the well whether drilled before or after the making of the pooling order;

             (c)  for the allocation to each pooled tract of its share of the production of the petroleum from the pooled spacing unit that is not required, consumed or lost in the operation of the well, which allocation shall be on a prorated area basis unless it can be shown to the satisfaction of the committee that the basis is unfair, whereupon the committee may make an allocation on some other more equitable basis;

             (d)  in the event that no production of petroleum is obtained, for the payment by the applicant of all costs incurred in the drilling and abandoning of the well;

             (e)  where production has been obtained, for the payment of the actual costs of drilling the well, whether drilled before or after the making of the pooling order, and for the payment of the actual costs of the completion, operation and abandoning of the well; and

             (f)  for the sale by the operator of petroleum allocated under paragraph (c) to a working interest owner where the working interest owner fails to take in kind and dispose of the production, and for the deduction out of the proceeds by the operator of the expenses reasonably incurred in connection with the sale.

             (6)  A pooling order may provide for a penalty for a working interest owner who does not, within the time specified in the order, pay the portion of the costs attributable to the working interest owner as the share of the cost of drilling and completion of the well, but the penalty shall not exceed an amount equal to 1/2 of that working interest owner's share of the costs.

             (7)  Where a working interest owner does not, within the time specified in the pooling order, pay the share of the costs of the drilling, completing, operating and abandoning of the well, that portion of the costs and the penalty are recoverable only out of that share of production from the spacing unit and not in another manner.

1986 c37 s162

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Effect of pooling order

   165. Where a pooling order is made, all working interest owners and royalty owners having interests in the pooled spacing unit shall, on the making of the pooling order, be considered to have entered into a pooling agreement as set out in the pooling order and that order shall be considered to be a valid contract between the parties having interests in the pooled spacing unit, and all its terms and provisions, as set out in it or as altered under section 166, are binding on and enforceable against the parties to it, including the Crown.

1986 c37 s163

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Application to alter pooling order

   166. (1) The committee shall hear an application to vary, amend or terminate a pooling order where the application is made by the owners of over 25% of the working interests in the pooled spacing unit, calculated on a prorated area basis, and may, in its discretion, order a hearing on the application of a working interest owner or royalty owner.

             (2)  After a hearing held under subsection (1), the committee may vary or amend the pooling order to supply a deficiency in it or to meet changing conditions and may vary or revoke a provision that the committee considers to be unfair or inequitable or it may terminate the pooling order.

             (3)  Where a pooling order is varied or amended, no change shall be made that will alter the ratios of tract participations between the pooled tracts as originally set out in the pooling order.

1986 c37 s164

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Prohibition

   167. (1) A person shall not produce petroleum within a spacing unit in which there are 2 or more leases or 2 or more separately owned working interests unless a pooling agreement has been entered into in accordance with section 163 or in accordance with a pooling order made under section 164.

             (2)  Subsection (1) does not prohibit the production of petroleum for testing in quantities approved by the chief conservation officer.

1986 c37 s165

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Unitization

   168. (1) One or more working interest owners in a pool or part of a pool exceeding in area a spacing unit, together with the royalty owners, may enter into a unit agreement and operate their interests under the terms of the unit agreement or an amendment to it where a copy of the agreement and an amendment have been filed with the chief conservation officer.

             (2)  The board may enter into a unit agreement binding on the Crown, on the terms and conditions that it considers advisable, and the regulations under this Part or Part II or the Federal Real Property and Federal Immovables Act (Canada) that may be in conflict with the terms and conditions of the unit agreement stand varied or suspended to the extent necessary to give full effect to the terms and conditions of the unit agreement.

             (3)  Where a unit agreement filed under this section provides that a unit operator shall be the agent of the parties to it with respect to their powers and responsibilities under this Part, the performance or non-performance of the powers and responsibilities by the unit operator shall be considered to be the performance or non-performance by the parties otherwise having those powers and responsibilities under this Part.

1986 c37 s166; 2013 c3 s27

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Requiring unitization to prevent waste

   169. (1) Notwithstanding anything in this Part, where, in the opinion of the chief conservation officer, the unit operation of a pool or part of a pool would prevent waste, the chief conservation officer may apply to the committee for an order requiring the working interest owners in the pool or part of the pool to enter into a unit agreement and a unit operating agreement in respect of the pool or part of the pool.

             (2)  Where an application is made by the chief conservation officer under subsection (1), the committee shall hold a hearing at which all interested persons shall be given an opportunity to be heard.

             (3)  Where, after the hearing mentioned in subsection (2), the committee is of the opinion that unit operation of a pool or part of a pool would prevent waste, the committee may by order require the working interest owners in the pool or part of the pool to enter into a unit agreement and a unit operating agreement in respect of the pool or part of the pool.

             (4)  Where in the time specified in the order referred to in subsection (3), being not less than 6 months after the date of the making of the order, the working interest owners and royalty owners fail to enter into a unit agreement and a unit operating agreement approved by the committee, all drilling and producing operations within the pool or part of the pool in respect of which the order was given shall stop until the time that a unit agreement and a unit operating agreement have been approved by the committee and filed with the chief conservation officer.

             (5)  Notwithstanding subsection (4), the committee may permit the continued operation of the pool or part of the pool after the time specified in the order referred to in subsection (3) if it is of opinion that a unit agreement and unit operating agreement are in the course of being entered into, but the continuation of operations shall be subject to conditions prescribed by the committee.

1986 c37 s167

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Who may apply for unitization order

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

             (2)  An application under subsection (1) shall be made to the board which shall refer the application to the committee for the purpose of holding a hearing in accordance with section 172.

             (3)  An application under subsection (1) may be made by the unit operator or proposed unit operator on behalf of the working interest owners referred to in subsection (1).

1986 c37 s168

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Contents of unitization application

   171. (1) An application for a unitization order shall contain

             (a)  a plan showing the unit area that the applicant wishes to be made subject to the order;

             (b)  1 copy each of the unit agreement and the unit operating agreement;

             (c)  a statement of the nature of the operations to be carried out; and

             (d)  a statement showing

                      (i)  with respect to each proposed unit tract, the names and addresses of the working interest owners and royalty owners in that tract, and

                     (ii)  the tracts that are entitled to be qualified as unit tracts under the unit agreement.

             (2)  The unit agreement referred to in subsection (1) shall include

             (a)  a description of the unit area and the unit tracts included in the agreement;

             (b)  an allocation to each unit tract of a share of the production from the unitized zone not required, consumed or lost in the unit operation;

             (c)  a provision specifying the manner in which and the circumstances under which the unit operation shall terminate; and

             (d)  a provision specifying that the share of the production from a unit area that has been allocated to a unit tract shall be considered to have been produced from that unit tract.

             (3)  The unit operating agreement referred to in subsection (1) shall make provision

             (a)  for the contribution or transfer to the unit, and an adjustment among the working interest owners, of the investment in wells and equipment within the unit area;

             (b)  for the charging of the costs and expenses of the unit operation to the working interest owners;

             (c)  for the supervision of the unit operation by the working interest owners through an operating committee composed of their authorized representatives and for the appointment of a unit operator to be responsible, under the direction and supervision of the operating committee, for the carrying out of the unit operation;

             (d)  for the determination of the percentage value of the vote of each working interest owner; and

             (e)  for the determination of the method of voting on a motion before the operating committee and the percentage value of the vote required to carry the motion.

1986 c37 s169

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Hearing on application

   172. (1) Where an application made under section 170 is referred by the board to the committee, the committee shall hold a hearing at which all interested persons shall be given an opportunity to be heard.

             (2)  Where the committee finds that

             (a)  at the date of the beginning of a hearing referred to in subsection (1)

                      (i)  the unit agreement and the unit operating agreement have been executed by 1 or more working interest owners who own in the aggregate 65% or more of the total working interests in the unit area, and

                     (ii)  the unit agreement has been executed by 1 or more royalty owners who own in the aggregate 65% or more of the total royalty interests in the unit area; and

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

the committee may order

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

             (d)  that the unit operating agreement be a valid contract enuring to the benefit of all the working interest owners in the unit area and binding on and enforceable against all the owners,

and, subject to section 173, the unit agreement and the unit operating agreement have the effect given them by the order of the committee.

             (3)  In a unitization order, the committee may vary the unit agreement or the unit operating agreement by adding provisions or by deleting or amending a provision.

1986 c37 s170

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Effective date of unitization order

   173. (1) 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.

             (2)  Notwithstanding subsection (1), where a unit agreement or unit operating agreement is varied by the committee in a unitization order, the effective date prescribed in the order shall be a date not less than 30 days following the day the order is made, but the order becomes ineffective if, before the effective date, the applicant files with the committee a notice withdrawing the application on behalf of the working interest owners or there are filed with the committee written statements objecting to the order and signed

             (a)  in the case of the unit agreement by

                      (i)  1 or more working interest owners who own in the aggregate more than 25% of the total working interests in the area and were included within the group owning 65% or more of the total working interests as described in subparagraph 172(2)(a)(i), and

                     (ii)  1 or more royalty owners who own in the aggregate more than 25% of the total royalty interests in the unit area and were included within the group owning 65% or more of the total royalty interests as described in subparagraph 172(2)(a)(ii); or

             (b)  in the case of the unit operating agreement, by 1 or more working interest owners who own in the aggregate more than 25% of the total working interests in the unit area and were included within the group owning 65% or more of the total working interests as described in subparagraph 172(2)(a)(i).

             (3)  Where a unitization order becomes ineffective under subsection (2), the committee shall immediately revoke the order.

1986 c37 s171; 1992 c15 s29; 2013 c3 s28

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Technical defects in order

   174. 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 proceedings leading to the making of the order.

1986 c37 s172

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Amending the order

   175. (1) A unitization order may be amended upon the application of a working interest owner, but before amending a unitization order the committee shall hold a hearing at which all interested parties shall have an opportunity to be heard.

             (2)  Where the committee finds that, at the date of the beginning of a hearing of an application for the amendment of a unitization order, 1 or more working interest owners who own, in the aggregate, 65% or more of the total working interests and 1 or more royalty interest owners who own, in the aggregate, 65% or more of the total royalty interests in the unit area have consented to the proposed amendment, the committee may amend the unitization order in accordance with the amendment proposed.

1986 c37 s173

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Protection of tract participation ratios

   176. An amendment shall not be made under section 175 that will alter the ratios between the tract participations of those tracts that were qualified for inclusion in the unit area before the beginning of the hearing, and, for the purposes of this section, the tract participations shall be those indicated in the unit agreement when it became subject to a unitization order.

1986 c37 s174

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Production prohibited except in accord with unitization order

   177. 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 unit agreement and the unit operating agreement.

1986 c37 s175

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How percentages of interests to be determined

   178. The percentages of interests referred to in subsection 171(1), subsection 172(2), subsection 173(2) and subsection 175(2) shall be determined

             (a)  as to royalty interests, on a prorated area basis; and

             (b)  as to working interests, on the basis of tract participations shown in the unit agreement.

1986 c37 s176

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Pooled spacing unit included

   179. (1) A pooled spacing unit that has been pooled under a pooling order and on which a well has been drilled may be included in a unit area as a single unit tract and the committee may make the amendments to the pooling order that it considers necessary to remove a conflict between the pooling order and the unit agreement, or the unit operating agreement or the unitization order.

             (2)  Where a pooled spacing unit is included in a unit area under subsection (1), the provisions of the unit agreement, the unit operating agreement and the unitization order prevail over the provisions of the pooling order in the event of a conflict, but

             (a)  the share of the unit production that is allocated to the pooled spacing unit shall in turn be allocated to the separately owned tracts in the pooled spacing unit on the same basis and in the same proportion as production actually obtained from the pooled spacing unit would have been shared under the pooling order;

             (b)  the costs and expenses of the unit operation that are allocated to the pooled spacing unit shall be shared and borne by the owners of the working interests in it on the same basis and in the same proportion as would apply under the pooling order; and

             (c)  the credits allocated under a unit operating agreement to a pooled spacing unit for adjustment of investment for wells and equipment shall be shared by the owners of the working interests in the same proportion as would apply to the sharing of production under the pooling order.

1986 c37 s177

DIVISION III
APPEALS AND ADMINISTRATION

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Orders and decisions final

   180. (1) Except as provided in this Division, a decision or order of the committee is final and conclusive.

             (2)  A minute or other record of the committee or a document issued by the committee, in the form of a decision or order, shall for the purposes of this section be considered to be a decision or order of the committee.

1986 c37 s178

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Stated case for Supreme Court

   181. (1) The committee may of its own motion, or at the request of the board, state a written case for the opinion of the Trial Division on a question that in the opinion of the committee is a question of law or of the jurisdiction of the committee.

             (2)  The Trial Division shall hear and determine the case stated, and remit the matter to the committee with the opinion of the court.

1986 c37 s179

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Board may review orders of committee

   182. The board 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 board makes becomes a decision or order of the committee and, subject to section 183, is binding on the committee and on all parties.

1986 c37 s180

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Appeal to Supreme Court

   183. (1) An appeal lies from a decision or order of the committee to the Trial Division on a question of law, on leave for appeal being obtained from that court, in accordance with the practice of that court, on application made within 1 month after the making of the decision or order sought to be appealed from or within the further time that that court may allow.

             (2)  Where leave to appeal is granted under subsection (1), an order of the committee in respect of which the appeal is made shall be stayed until the matter of the appeal is determined.

             (3)  After the hearing of the appeal the court shall certify its opinion to the committee and the committee shall make an order necessary to comply with that opinion.

             (4)  An order made by the committee under subsection (3), unless that order has already been dealt with by the board under section 182, shall be subject to that section.

1986 c37 s181

OPERATIONAL SAFETY OFFICERS AND CONSERVATION OFFICERS

2013 c3 s29

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Officers

   184. (1) The federal minister and the provincial minister shall jointly designate an individual who has been recommended by the board as an operational safety officer for the purpose of the administration and enforcement of this Part.

             (2)  The federal minister and the provincial minister shall jointly designate an individual who has been recommended by the board as a conservation officer for the purpose of the administration and enforcement of this Part.

             (3)  The ministers shall make the designation under subsections (1) and (2) within 30 days after the day on which they receive the name of the individual from the board.

             (4)  The ministers shall, without delay after making a designation, notify the board, in writing, that the designation has been made.

             (5)  Notwithstanding subsections (1) and (2), the ministers shall not designate an individual where they are not satisfied that the individual is qualified to exercise the powers and carry out the duties and functions of an operational safety officer or a conservation officer under this Part.

             (6)  Where an individual who is recommended by the board is not designated under subsection (1) or (2), the ministers shall without delay notify the board in writing.

             (7)  An individual designated under subsection (1) or (2) who is not an employee of the board is considered to be an officer for the purpose of section 16.

2013 c3 s30

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Powers of officers

   185. (1) An operational safety officer, the chief safety officer, a conservation officer or the chief conservation officer may, for the purpose of verifying compliance with this Part, order a person in charge of a place that is used for a work or activity in respect of which this Part applies or a place in which that officer has reasonable grounds to believe that there is anything to which this Part applies to

             (a)  inspect anything in the place;

             (b)  pose questions, or conduct tests or monitoring, in the place;

             (c)  take photographs or measurements, or make recordings or drawings, in the place;

             (d)  accompany or assist the officer while the officer is in the place;

             (e)  produce a document or another thing that is in his or her possession or control, or to prepare and produce a document based on data or documents that are in his or her possession or control, in the form and manner that the officer may specify;

             (f)  provide, to the best of his or her knowledge, information relating to a matter to which this Part applies, or to prepare and produce a document based on that information, in the form and manner that the officer may specify;

             (g)  ensure that all or part of the place, or anything located in the place, that is under his or her control, not be disturbed for a reasonable period specified by the officer pending the exercise of any powers under this section; and

             (h)  remove anything from the place and to provide it to the officer, in the manner that he or she specifies, for examination, testing or copying.

             (2)  An operational safety officer, the chief safety officer, a conservation officer or the chief conservation officer may, for the purpose of verifying compliance with this Part and subject to section 185.2, enter a place that is used for a work or activity in respect of which this Part applies or a place in which that officer has reasonable grounds to believe that there is anything to which this Part applies, and may for that purpose

             (a)  inspect anything in the place;

             (b)  pose questions, or conduct tests or monitoring, in the place;

             (c)  take samples from the place, or cause them to be taken, for examination or testing and dispose of those samples;

             (d)  remove anything from the place, or cause it to be removed, for examination, testing or copying;

             (e)  while at the place, take or cause to be taken photographs or measurements, make or cause to be made recordings or drawings or use systems in the place that capture images or cause them to be used;

             (f)  use a computer system in the place, or cause one to be used, to examine data contained in or available to it;

             (g)  prepare a document or cause one to be prepared, based on data contained in or available to the computer system;

             (h)  use copying equipment in the place, or cause it to be used, to make copies;

              (i)  be accompanied while in the place by an individual, or be assisted while in the place by a person, that the officer considers necessary; and

              (j)  meet in private with an individual in the place, with the agreement of that individual.

             (3)  An officer who has entered a place under subsection (2) may order an individual in the place to do anything described in paragraphs (1)(a) to (h).

             (4)  Anything removed under paragraph (1)(h) or (2)(d) for examination, testing or copying shall, where requested by the person from whom it was removed, be returned to that person after the examination, testing or copying is completed, unless it is required for the purpose of a prosecution under this Part.

2013 c3 s30

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Reports provided to holder of authorization

185.1 An operational safety officer, the chief safety officer, a conservation officer or the chief conservation officer shall provide written reports to the holder of an authorization about anything inspected, tested or monitored, by or on the order of the officer, for the purpose of verifying compliance with this Part, at a place that is used for a work or activity for which the authorization is issued.

2013 c3 s30

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Entering living quarters

185.2 (1)  Where the place referred to in subsection 185(2) is living quarters

             (a)  neither a conservation officer nor the chief conservation officer is authorized to enter those quarters for the purpose of verifying compliance with this Part; and

             (b)  an operational safety officer or the chief safety officer is not authorized to enter those quarters without the consent of the occupant except

                      (i)  to execute a warrant issued under subsection (4), or

                     (ii)  to verify that those quarters, where on a marine installation or structure, as defined in paragraph 201.1(1)(l), are in a structurally sound condition.

             (2)  The officer shall provide reasonable notice to the occupant before entering living quarters under subparagraph (1)(b)(ii).

             (3)  Notwithstanding subparagraph (1)(b)(ii), a locker in the   living quarters that is fitted with a locking device and that is assigned to the occupant shall not be opened by the officer without the occupant's consent except under the authority of a warrant issued under subsection (4).

             (4)  On an application without notice to the owner or occupant of the living quarters, a Provincial Court judge may issue a warrant authorizing an operational safety officer who is named in it or the chief safety officer to enter living quarters subject to conditions specified in the warrant where the judge is satisfied by information on oath that

             (a)  the living quarters are a place referred to in subsection 185(2);

             (b)  entry to the living quarters is necessary to verify compliance with this Part; and

             (c)  entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

             (5)  A warrant issued under subsection (4) may also authorize a locker described in subsection (3) to be opened, subject to any conditions specified in the warrant, where the justice is satisfied by information on oath that

             (a)  it is necessary to open the locker to verify compliance with this Part; and

             (b)  the occupant to whom it is assigned refused to allow it to be opened or there are reasonable grounds to believe that the occupant to whom it is assigned will refuse to allow it to be opened or that consent to opening it cannot be obtained from the occupant.

             (6)  The officer who executes a warrant issued under subsection (4) shall not use force unless the use of force has been specifically authorized in the warrant.

             (7)  A warrant may be issued under this section by telephone or other means of telecommunication on information submitted by an operational safety officer or by the chief safety officer by one of those means, and section 487.1 of the Criminal Code applies for that purpose, with any modifications that the circumstances require.

             (8)  In this section, "living quarters" means sleeping quarters provided for employees, as defined in paragraph 201.1(1)(f),   on a marine installation or structure, as defined in paragraph 201.1(1)(l), and a room for the exclusive use of the occupants of those quarters that contains a toilet or a urinal.

2013 c3 s30

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Certificate to be produced

   186. The board shall provide every operational 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.

2013 c3 s30

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Assistance to officers

   187. (1) The owner of, and every person in charge of, a place entered by an operational safety officer, the chief safety officer, a conservation officer or the chief conservation officer under subsection 185(2), and every person found in that place, shall give all assistance that is reasonably required to enable the officer to verify compliance with this Part and provide documents, data or information that are reasonably required for that purpose.

             (2)  Where the place referred to in subsection 185(2) is a marine installation or structure, the person in charge of the marine installation or structure shall provide to the officer, and to every individual accompanying the officer, free of charge,

             (a)  suitable transportation between the usual point of embarkation on shore and the marine installation or structure and the usual point of disembarkation on shore, and between marine installations or structures, where the marine installations or structures are situated in the offshore area; and

             (b)  suitable accommodation and food at the marine installation or structure.

2013 c3 s30

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Obstruction of officers

   188. A person shall not obstruct or hinder or make a false or misleading statement, either orally or in writing, to an operational safety officer, the chief safety officer, a conservation officer or the chief conservation officer while the officer is engaged in carrying out his or her duties or functions under this Part.

2013 c3 s30

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Warrants

188.1 (1) On an application without notice to the owner or occupant of a place, a Provincial Court judge may issue a warrant where the judge is satisfied by information on oath that there are reasonable grounds to believe that there is in a place anything that will provide evidence or information relating to the commission of an offence under this Part.

             (2)  The warrant may authorize an operational safety officer, the chief safety officer, a conservation officer or the chief conservation officer, and another individual named in the warrant, to at any time enter and search the place and to seize anything specified in the warrant, or do anything specified in the warrant, or do any of the following as specified in it, subject to conditions that may be specified in it:

             (a)  conduct examinations, tests or monitoring;

             (b)  take samples for examination or testing, and dispose of those samples; or

             (c)  take photographs and measurements, make recordings or drawings, or use systems in the place that captures images.

             (3)  An operational safety officer, the chief safety officer, a conservation officer or the chief conservation officer may exercise the powers described in this section without a warrant where the conditions for obtaining the warrant exist but by reasons of exigent circumstances it would not be feasible to obtain one.

             (4)  Exigent circumstances include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or the environment or the loss or destruction of evidence.

             (5)  An individual authorized under this section to search a computer system in a place may

             (a)  use or cause to be used a computer system at the place to search data contained in or available to the computer system;

             (b)  reproduce or cause to be reproduced data in the form of a printout or other intelligible output;

             (c)  seize a printout or other output for examination or copying; and

             (d)  use or cause to be used copying equipment at the place to make copies of the data.

             (6)  Every person who is in charge of a place in respect of which a search is carried out under this section shall, on presentation of the warrant, permit the individual carrying out the search to do anything described in subsection (5).

             (7)  The person in charge of a marine installation or structure, as defined in paragraph 201.1(1)(l), shall provide to an individual who is executing a warrant under this section at the marine installation or structure, free of charge,

             (a)  suitable return transportation between the marine installation or structure and a location from which transportation services to that marine installation or structure are usually provided, and between marine installations or structures, where the marine installations or structures are situated in the offshore area; and

             (b)  suitable accommodation and food at the marine installation or structure.

             (8)  A warrant may be issued under this section by telephone or other means of telecommunication on information submitted by an operational safety officer, the chief safety officer, a conservation officer or the chief conservation officer by one of those means, and section 487.1 of the Criminal Code applies for that purpose, with any modifications that the circumstances require.

2013 c3 s30

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Storage and removal

188.2 (1) A thing seized under this Part may be stored in the place where it was seized or may, at the discretion of an operational safety officer, the chief safety officer, a conservation officer or the chief conservation officer, be removed to another place for storage.

             (2)  The owner of the thing seized under subsection (1) or the person who is lawfully entitled to possess it shall pay the costs of storage or removal.

             (3)  Where the thing seized is perishable, an operational safety officer, the chief safety officer, a conservation officer or the chief conservation officer may destroy the thing, or otherwise dispose of it in a manner the officer considers appropriate and the proceeds realized from its disposition shall be paid to the Receiver General.

2013 c3 s30

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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 in a portion of the offshore area is likely to result in serious bodily injury, the operational 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 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 an operational 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)  Immediately after an operational safety officer makes an order under subsection (1), he or she shall advise the chief safety officer accordingly, 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.

1986 c37 s187; 1992 c15 s30;l 2013 c3 s31

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Priority of orders

189.1 An order made by an operational 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 any inconsistency between the orders.

2013 c3 s32

INSTALLATION MANAGER

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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 person in charge of a vessel, vehicle or aircraft that is at the installation or that is leaving or approaching it.

1992 c15 s30; 2013 c3 s33

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Offences

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

             (a)  contravenes this Part or the regulations;

             (b)  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)  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 determined by the board 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; or

             (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 or 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 one 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.

             (3)  In addition to the principles and factors that the court is otherwise required to consider, including those set out in sections 718.1 to 718.21 of the Criminal Code , the court shall consider the following principles when sentencing a person who is found guilty of an offence under this Part:

             (a)  the amount of the fine should be increased to account for every aggravating factor associated with the offence, including the aggravating factors set out in subsection (4); and

             (b)  the amount of the fine should reflect the gravity of each aggravating factor associated with the offence.

             (4)  The aggravating factors are as follows:

             (a)  the offence caused harm or risk of harm to human health or safety;

             (b)  the offence caused damage or risk of damage to the environment or to environmental quality;

             (c)  the offence caused damage or risk of damage to any unique, rare, particularly important or vulnerable component of the environment;

             (d)  the damage or harm caused by the offence is extensive, persistent or irreparable;

             (e)  the offender committed the offence intentionally or recklessly;

             (f)  the offender failed to take reasonable steps to prevent the commission of the offence;

             (g)  by committing the offence or failing to take action to prevent the commission, the offender increased his, her or its revenue or decreased his, her or its costs or intended to increase his, her or its revenue or decrease his, her or its costs;

             (h)  the offender has a history of non-compliance with federal or provincial legislation that relates to safety or environmental conservation or protection; and

              (i)  after the commission of the offence, the offender

                      (i)  attempted to conceal its commission,

                     (ii)  failed to take prompt action to prevent, mitigate or remediate its effects, or

                    (iii)  failed to take prompt action to reduce the risk of committing similar offences in the future.

             (5)  The absence of an aggravating factor set out in subsection (4) is not a mitigating factor.

             (6)  For the purposes of paragraphs (4)(b) to (d), "damage" includes loss of use value and non-use value.

             (7)  If the court is satisfied of the existence of one or more of the aggravating factors set out in subsection (4) but decides not to increase the amount of the fine because of that factor, the court shall give reasons for that decision.

             (8)  Where a person establishes that he or she exercised due diligence to prevent the commission of an offence the person shall not be found guilty of that offence.

             (9)  Notwithstanding subsection 149(1), a person does not commit an offence under subsection 149(1) by reason of committing waste as defined in paragraph 149(2)(f) or (g) unless that person has been ordered by the committee to take measures to prevent the waste and has failed to comply.

2013 c3 s34; 2015 c6 s20

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Offence by corporation

190.1 (1) Where a corporation commits an offence under this Part, any of the following individuals who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted:

             (a)  an officer, director or agent of the corporation; and

             (b)  another individual exercising managerial or supervisory functions in the corporation.

             (2)  In a prosecution for an offence under this Part, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence.

2013 c3 s35

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Rep. by 2015 c6 s21

190.2 [Rep. by 2015 c6 s21]

2015 c6 s21

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Rep. by 2015 c6 s21

190.3 [Rep. by 2015 c6 s21]

2015 c6 s21

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Rep. by 2015 c6 s21

190.4 [Rep. by 2015 c6 s21]

2015 c6 s21

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Rep. by 2015 c6 s21

190.5 [Rep. by 2015 c6 s21]

2015 c6 s21

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Recovery of fines and amounts

190.6 Where a person is convicted of an offence under this Part and a fine that is imposed is not paid when required or where a court orders an offender to pay an amount under subsection 190.3(1) or 190.4(1), the prosecutor may, by filing the conviction or order, enter as a judgment the amount of the fine, or the amount ordered to be paid, and costs, if any, in the Supreme Court of Newfoundland and Labrador, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against him or her in that court in civil proceedings.

2013 c3 s35

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Rep. by 1992 c15 s32

   191. [Rep. by 1992 c15 s32]

1992 c15 s32

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Order of court

   192. (1) If a person is found guilty of an offence under this Part, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, in addition to any other punishment that may be imposed under this Part, make an order that has any or all of the following effects:

             (a)  prohibiting the offender from committing an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

             (b)  directing the offender to take any action that the court considers appropriate to remedy or avoid any harm to the environment that results or may result from the act or omission that constituted the offence;

             (c)  directing the offender to take measures that the court considers appropriate to avoid injury or damage that may result from the act or omission that constituted the offence, or to remedy injury or damage resulting from it;

             (d)  directing the offender to carry out environmental effects monitoring in the manner established by the board or directing the offender to pay, in the manner specified by the court, an amount of money for the purposes of environmental effects monitoring;

             (e)  directing the offender to make changes to his or her environmental management system that are satisfactory to the board;

             (f)  directing the offender to have an environmental audit conducted by a person of a class and at the times specified by the board and directing the offender to remedy any deficiencies revealed during the audit;

             (g)  directing the offender to pay to the Crown, for the purpose of promoting the conservation, protection or restoration of the environment, or to pay into the consolidated revenue fund an amount of money that the court considers appropriate;

             (h)  directing the offender to pay to the board 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;

              (i)  directing the offender to publish, in the manner specified by the court, the facts relating to the commission of the offence and the details of the punishment imposed, including any orders made under this subsection;

              (j)  directing the offender to submit to the chief safety officer, on application by that officer within 3 years after the conviction, information with respect to the offender's activities that the court considers appropriate in the circumstances;

             (k)  directing the offender to notify, at the offender's own cost and in the manner specified by the court, any person aggrieved or affected by the offender's conduct of the facts relating to the commission of the offence and of the details of the punishment imposed, including any orders made under this subsection;

              (l)  directing the offender to post a bond or pay an amount of money into court that the court considers appropriate to ensure that the offender complies with any prohibition, direction, requirement or condition that is specified in the order;

           (m)  directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court;

             (n)  directing the offender to pay, in the manner specified by the court, an amount of money to environmental, health or other groups to assist in their work;

             (o)  directing the offender to pay, in the manner specified by the court, an amount of money to an educational institution including for scholarships for students enrolled in studies related to the environment;

             (p)  requiring the offender to comply with any conditions that the court considers appropriate in the circumstances for securing the offender's good conduct and for preventing the offender from repeating the same offence or committing another offence under this Part; or

             (q)  prohibiting the offender from taking measures to acquire an interest or from applying for a new licence or other authorization under this Act during any period that the court considers appropriate.

             (2)  An order made under subsection (1) comes into force on the day on which the order is made or on another day that the court may determine, but shall not continue in force for more than 3 years after that day.

             (3)  If an offender does not comply with an order requiring the publication of facts relating to the offence and the details of the punishment, the board may, in the manner that the court directed the offender, publish those facts and details and recover the costs of publication from the offender.

             (4)  If the board incurs publication costs under subsection (3), the costs constitute a debt due to the board and may be recovered in any court of competent jurisdiction.

2015 c6 s22

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Variation of sanctions

192.1 (1) If a court has made, in relation to an offender, an order under section 192, the court may, on application by the offender or the board, require the offender to appear before it and, after hearing the offender and the board, vary the order in one or more of the following ways that the court considers appropriate because of a change in the offender's circumstances since the order was made:

             (a)  by making changes to any prohibition, direction, requirement or condition that is specified in the order for any period or by extending the period during which the order is to remain in force, not exceeding one year; or

             (b)  by decreasing the period during which the order is to remain in force or by relieving the offender of compliance with any condition that is specified in the order, either absolutely or partially or for any period.

             (2)  Notwithstanding subsection (1), before making an order under subsection (1), the court may direct that notice be given to any persons that the court considers to be interested, and may hear any of those persons.

2015 c6 s22

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Subsequent applications with leave

192.2 If an application made under subsection 192.1(1) in relation to an offender has been heard by a court, another application may not be made under section 192.1 in relation to the offender except with leave of the court.

2015 c6 s22

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Recovery of fines and amounts

192.3 If a person is convicted of an offence under this Part and a fine that is imposed is not paid when required or if a court orders an offender to pay an amount under subsection 192(1) or 192.1(1), the prosecutor may, by filing the conviction or order, enter as a judgment the amount of the fine or the amount ordered to be paid, and costs, if any, in the Trial Division, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against him, her or it in that court in civil proceedings.

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Continuing offences

   193. Where an offence under this Part is committed on more than 1 day or is continued for more than 1 day, it shall be considered to be a separate offence for each day on which the offence is committed or continued.

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Rep. by 1992 c15 s33

   194. [Rep. by 1992 c15 s33]

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Limitation period

   195. Proceedings by way of summary conviction for an offence under this Part shall be commenced within 3 years from the day on which the subject matter of the proceedings arose, unless the prosecutor and the defendant otherwise agree.

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Evidence

   196. In a prosecution for an offence under this Part, a copy of an order or other document purporting to have been made under this Part or the regulations and purporting to have been signed by the person authorized by this Part or the regulations to make that order or document is, in the absence of evidence to the contrary, proof of the matters set out in the order or document.

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Jurisdiction of judge or justice

   197. A complaint or information in respect of an offence under this Part may be heard, tried or determined by a justice or judge where the accused is resident or carrying on business within the territorial jurisdiction of that justice or judge although the matter of the complaint or information did not arise in that territorial jurisdiction.

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Action to enjoin not prejudiced by prosecution

   198. (1) Notwithstanding that a prosecution has been instituted in respect of an offence under this Part, the regulations or an order made under this Part or the regulations, the board may begin and maintain an action to enjoin the committing of a contravention of this Part, the regulations or an order made under this Part or the regulations.

             (2)  A civil remedy for an act or omission is not suspended or affected because the act or omission is an offence under this Part.

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Information

198.1 In proceedings for an offence under this Part

             (a)  an information may include more than one offence committed by the same person;

             (b)  all those offences may be tried concurrently; and

             (c)  one conviction for any or all offences so included may be made.

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ADMINISTRATIVE MONETARY PENALTIES

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Regulations

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

             (a)  designating as a violation that may be proceeded with in accordance with this Part

                      (i)  the contravention of any specified provision of this Part or of any of its regulations,

                     (ii)  the contravention of any direction, requirement, decision or order, or of any direction, requirement, decision or order of a specified class of directions, requirements or orders, made under this Part, or

                    (iii)  the failure to comply with any term or condition of

                            (A)  an operating licence or authorization, or a specified class of operating licences or authorizations, issued under this Part, or

                            (B)  an approval or exemption, or a specified class of approvals or exemptions, granted under this Part;

             (b)  respecting the determination of, or the method of determining, the amount payable as the penalty, which may be different for individuals and other persons, for each violation; and

             (c)  respecting the service of documents required or authorized under section 198.7, 198.12 or 198.15, including the manner and proof of service and the circumstances under which the documents are considered to be served.

             (2)  The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty to a violation shall not be more than $25,000, in the case of an individual, and $100,000, in the case of any other person.

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Powers

198.3   The board may

             (a)  establish the form of notices of violation;

             (b)  designate persons or classes of persons who are authorized to issue notices of violation;

             (c)  establish, in respect of each violation, a short form description to be used in notices of violation; and

             (d)  designate persons or classes of persons to conduct reviews under section 198.14.

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VIOLATIONS

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Commission of violation

198.4   (1) Every person who contravenes or fails to comply with a provision, direction, requirement, decision or order, or term or condition the contravention of which, or the failure to comply with which, is designated to be a violation by a regulation made under paragraph 198.2(1)(a) commits a violation and is liable to a penalty of an amount to be determined in accordance with the regulations.

             (2)  The purpose of the penalty is to promote compliance with this Part and not to punish.

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Liability of directors, officers, etc.

198.5   If a corporation commits a violation, any director, officer, or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty of an amount to be determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Part.

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Proof of violation

198.6   In any proceedings under this Part against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee, or agent or mandatary, of the person, whether or not the employee, agent or mandatary is identified or proceeded against in accordance with this Part.

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Issuance and service of notice of violation

198.7   (1) If a person designated under paragraph 198.3(b) believes on reasonable grounds that a person has committed a violation, the designated person may issue a notice of violation and cause it to be served on the person.

             (2)  The notice of violation shall

             (a)  name the person that is believed to have committed the violation;

             (b)  set out the relevant facts surrounding the violation;

             (c)  set out the amount of the penalty for the violation;

             (d)  inform the person of his, her or its right, under section 198.12, to request a review with respect to the amount of the penalty or the facts of the violation, and the period within which that right is to be exercised;

             (e)  inform the person of the manner of paying the penalty set out in the notice; and

             (f)  inform the person that, if he, she or it does not pay the penalty or exercise his, her or its right referred to in paragraph (d), he, she or it will be considered to have committed the violation and is liable to the penalty set out in the notice.

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RULES ABOUT VIOLATIONS

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Certain defences not available

198.8   (1) A person named in a notice of violation does not have a defence by reason that the person

             (a)  exercised due diligence to prevent the commission of the violation; or

             (b)  reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.

             (2)  Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Part applies in respect of a violation to the extent that it is not inconsistent with this Part.

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Continuing violation

198.9   A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

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Violation or offence

198.10 (1) Proceeding with any act or omission as a violation under this Part precludes proceeding with it as an offence under this Part, and proceeding with it as an offence under this Part precludes proceeding with it as a violation under this Part.

             (2)  A violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

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Limitation period

198.11 A notice of violation shall not be issued more than 2 years after the day on which the matter giving rise to the violation occurred.

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REVIEWS

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Right to request review

198.12 A person who is served with a notice of violation may, within 30 days after the day on which it is served, or within any longer period that the board allows, make a request to the board for a review of the amount of the penalty or the facts of the violation, or both.

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Correction or cancellation of notice of violation

198.13 At any time before a request for a review in respect of a notice of violation is received by the board, a person designated under paragraph 198.3(b) may cancel the notice of violation or correct an error in it.

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Review

198.14 (1) On receipt of a request made under section 198.12, the board shall conduct the review or cause the review to be conducted by a person designated under paragraph 198.3(d).

             (2)  The board shall conduct the review if the notice of violation was issued by a person designated under paragraph 198.3(d).

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Object of review

198.15 (1) The board or the person conducting the review shall determine whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the person committed the violation, or both.

             (2)  The board or the person conducting the review shall render a determination and the reasons for it in writing and cause the person who requested the review to be served with a copy of them.

             (3)  If the board or the person conducting the review determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the board or the person shall correct the amount of the penalty.

             (4)  If the board or the person conducting the review determines that the person who requested the review committed the violation, the person who requested the review is liable to the penalty as set out in the notice issued under section 198.7 or as set out in the determination if the amount of the penalty was corrected under subsection (3).

             (5)  A determination made under this section is final and binding and, subject to review by the Trial Division, is not subject to appeal or to review by any court.

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Burden of proof

198.16 If the facts of a violation are reviewed, the person who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it.

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RESPONSIBILITY

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Payment

198.17 If a person pays the penalty set out in the notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended.

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Failure to act

198.18 A person that neither pays the penalty imposed under this Part nor requests a review within the period referred to in section 198.12 is considered to have committed the violation and is liable to the penalty.

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RECOVERY OF PENALTIES

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Debt due the Crown

198.19 (1) A penalty constitutes a debt due to the Crown and may be recovered in the Trial Division.

             (2)  A proceeding to recover a debt shall not be instituted more than 5 years after the day on which the debt becomes payable.

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Certificate

198.20 (1) The board may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 198.19(1).

             (2)  Registration in the Trial Division of a certificate of non-payment issued under subsection (1) has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

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GENERAL

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Admissibility of documents

198.21 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 198.7(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.

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Publication

198.22 The board may make public the nature of the violation, the name of the person who committed it and the amount of the penalty.

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Regulations

   199. Subject to section 7, the Lieutenant-Governor in Council may make regulations consistent with this Part that may be necessary for carrying out the purposes of this Part, and may make regulations defining and distinguishing more particularly for the purposes of Divisions I and II the expressions "oil" and "gas".

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Application

   200. This Part applies to an interest or right in petroleum acquired or vested before April 4, 1987 and is binding on the Crown in right of Canada or the province.

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Operating licences, authorizing, etc.

   201. (1) Where an operating licence was issued under subsection 5(1) of the Oil and Gas Production and Conservation Act (Canada) and is in force on April 4, 1987, it shall be considered to be an operating licence issued by the board under this Part.

             (2)  Where, before April 4, 1987, authorization for work or activity or approval of a development plan was given under subsection 5(1) of the Oil and Gas Production and Conservation Act (Canada) or a regulation made under that Act, the authorization or approval shall be considered to have been given by the board under this Part.

1986 c37 s199

PART III.1
OCCUPATIONAL HEALTH AND SAFETY

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Interpretation

201.1 (1) In this Part

             (a)  "authorization" means an authorization issued under paragraph 134(1)(b);

             (b)  "chief safety officer" means the person designated as the chief safety officer under section 136;

             (c)  "committee" means a special committee or a workplace committee;

             (d)  "coordinator" means an employee designated under subsection 201.42(1) to act as an occupational health and safety coordinator;

             (e)  "declaration" means a declaration referred to in subsection 135.1(1);

             (f)  "employee" means an individual who, in return for monetary compensation, performs work or services for an employer in respect of a work or activity for which an authorization has been issued;

             (g)  "employer" means a person who employs or contracts for the services of an individual in respect of a work or activity for which an authorization has been issued that person has the power to exercise direction and control over the individual's work at the workplace;

             (h)  "hazardous substance" includes a controlled product and a chemical, biological or physical agent that, by reason of a property that the agent possesses, is hazardous to the health or safety of an individual exposed to it;

              (i)  "health and safety officer" means an occupational health and safety officer or a special officer;

              (j)  "interest holder" has the same meaning as in section 47;

             (k)  "labour relations board" means the Labour Relations Board continued under the Labour Relations Act ;

              (l)  "marine installation or structure" includes

                      (i)  a ship, including a ship used for construction, production or diving or for geotechnical or seismic work,

                     (ii)  an offshore drilling unit, including a mobile offshore drilling unit,

                    (iii)  a production platform, subsea installation, pipeline as defined in paragraph 131(e), pumping station, living accommodation, storage structure or loading or landing platform, and

                    (iv)  other work, or work within a class of works, prescribed under paragraph (5)(a),

but does not include

                     (v)  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 subparagraphs (i) to (iv), unless the vessel is within a class of vessels that is prescribed under paragraph (5)(b), or

                    (vi)  a ship or vessel within a class of ships or vessels prescribed under paragraph (5)(c);

           (m)  "Newfoundland and Labrador social legislation" means the following Acts, as those Acts are amended from time to time:

                      (i)  Communicable Diseases Act ,

                     (ii)  Food and Drug Act ,

                    (iii)  Health and Community Services Act,

                    (iv)  Human Rights Act ,

                     (v)  Labour Standards Act ,

                    (vi)  Public Safety Act ,

                   (vii)  Radiation Health and Safety Act, and

                  (viii)  Workplace Health, Safety and Compensation Act ;

             (n)  "occupational health and safety officer" means an individual designated under section 201.68;

             (o)  "operator" means a person who holds an authorization;

             (p)  "owner" means a person who has a right, title or interest, including a leasehold interest, recognized by law, in a marine installation or structure that is used or is to be used as a workplace, or an entity in which the person has vested all or a part of his or her right, title or interest;

             (q)  "passenger craft" means an aircraft or vessel used to transport employees to or from a workplace while and immediately before it is transporting them;

              (r)  "person" includes individuals, corporations and partnerships;

             (s)  "personal protective equipment" includes personal protective clothing, personal protective devices and personal protective materials;

              (t)  "provider of services" means a person who, for commercial gain, provides services

                      (i)  related to the placement with an operator or employer of individuals who, in return for monetary compensation, perform work or services for the operator or employer at a workplace, or

                     (ii)  that affect or could affect the health or safety of employees or other individuals at a workplace or on a passenger craft, including engineering services, architectural services, the services of a certifying authority referred to in subsection 135.2(6), or the services of a person who provides information or advice, issues a certificate or affixes a professional seal or stamp;

             (u)  "provincial minister" means the minister who is responsible for occupational health and safety in the province;

             (v)  "special committee" means a special committee established under section 201.43;

            (w)  "special officer" means an individual designated under section 201.69;

             (x)  "supervisor" means an employee who is in charge of a workplace or part of a workplace or who has authority over other employees;

             (y)  "supplier" means a person who, for commercial gain, manufactures, supplies, sells, leases, distributes or installs a tool, equipment, machine or device, a biological, chemical or physical agent or another prescribed thing, to be used at a workplace or on a passenger craft;

             (z)  "union" means a union or trade union as defined in the Labour Relations Act that has the status of a bargaining agent under that Act in respect of a bargaining unit at a workplace, or an organization representing employees that has exclusive bargaining rights under another Act of the province in respect of those employees;

          (aa)  "workplace" means

                      (i)  a marine installation or structure where an employee is employed in connection with a work or activity for which an authorization has been issued,

                     (ii)  a workboat used by an employee, and operated from a marine installation or structure, to perform routine maintenance or repair work in connection with a work or activity for which an authorization has been issued, and

                    (iii)  a dive site from which, and an underwater area at which, a diving operation is conducted by an employee in connection with a work or activity for which an authorization has been issued; and

          (bb)  "workplace committee" means a workplace committee established under section 201.40.

             (2)  In this Part

             (a)  "controlled product" has the same meaning as in section 2 of the Hazardous Products Act (Canada ); and

             (b)  "hazard symbol", "ingredient disclosure list", "label" and "material safety data sheet" have the same meanings as in subsection 11(1) of the Hazardous Products Act (Canada ).

             (3)  Subsection 11(2) of the Hazardous Products Act (Canada ) applies for the purpose of this Part.

             (4)  Subject to section 7 and on the recommendation of the provincial minister, the Lieutenant-Governor in Council may make regulations

             (a)  defining "danger", "dive site", "diving operation" and "incident" for the purpose of this Part; and

             (b)  amending the definition of "Newfoundland and Labrador social legislation" in subsection (1) to add an Act of the Legislature of the Province or remove an Act from the definition.

             (5)  Subject to section 7 and on the recommendation of the provincial minister, the Lieutenant-Governor in Council may make regulations prescribing

             (a)  a work or a class of works for the purpose of subparagraph (1)(l)(iv);

             (b)  a class of vessels for the purpose of subparagraph (1)(l)(v); and

             (c)  a class of ships or vessels for the purpose of subparagraph (1)(l)(vi).

             (6)  For the purpose of sections 201.4 and 201.5, an employee is considered to be at a workplace within the offshore area both while and immediately before the employee is being transported on a passenger craft between the last point of embarkation on shore and the workplace, between the workplace and the first point of disembarkation on shore, or between workplaces.

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Crown bound

201.2 This Part is binding on the Crown in right of Canada or the province.

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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 within the offshore area.

             (2)  This Part also applies to employees and other passengers while, and immediately before, being transported on a passenger craft between the last point of embarkation on shore and the workplace, between the workplace and the first point of disembarkation on shore, or between workplaces.

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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 within the offshore area.

             (2)  In the event of an inconsistency or conflict between the provisions of this Act, or regulations made under it, and the provisions of Newfoundland and Labrador social legislation or regulations made under that legislation, the provisions of this Act and the regulations made under it prevail to the extent of the inconsistency or conflict.

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Application of Labour Relations Act

201.5 Notwithstanding section 4 of the Canada Labour Code and other Acts of Parliament, the provisions of the Labour Relations Act and regulations made under it, apply to and in respect of

             (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 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;

             (b)  a workboat used by an employee, and operated from a marine installation or structure, to perform routine maintenance or repair work in connection with a work or activity for which an authorization has been issued; and

             (c)  a dive site from which, and an underwater area at which, a diving operation is conducted by an employee in connection with a work or activity for which an authorization has been issued.

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Purpose

201.6 (1) The purpose of this Part is to prevent accidents and injury arising out of, linked to or occurring in the course of employment to which this Part applies, in particular by

             (a)  allocating responsibility for occupational health and safety among the board and the persons, unions and committees having obligations under this Part; and

             (b)  establishing a framework for them to exercise their rights and carry out their obligations.

             (2)  Preventive measures should first aim at the elimination of hazards, then the reduction of the risks posed by the hazards and finally, the taking of protective measures, all with the goal of ensuring the health and safety of employees.

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Allocation of responsibility

201.7 (1) The allocation of responsibility for occupational health and safety is based on the following principles:

             (a)  operators have overall responsibility; and

             (b)  operators, employers, suppliers, providers of services, employees, supervisors, owners and interest holders have individual and shared responsibilities, and are responsible for cooperating with each other and coordinating their activities related to occupational health and safety.

             (2) The imposition of a specific obligation under this Part shall not be construed as limiting the generality of another obligation under this Part.

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Operator's duty to establish occupational health and safety policy

201.8 (1) An operator shall develop an occupational health and safety policy governing its workplaces. 

             (2)  The policy shall be set out in writing and contain

             (a)  the commitments of the operator related to occupational health and safety, including its commitment to cooperate with employees with regard to health and safety;

             (b)  the responsibilities of the employers at the operator's workplaces related to occupational health and safety; and

             (c)  other prescribed requirements.

             (3)  The operator shall review the policy at least every 3 years in consultation with each workplace committee that it establishes and with each employer at the operator's workplaces.

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Operator's duty to take reasonable measures

201.9 An operator shall take all reasonable measures to ensure the health and safety of all employees and other individuals at its workplaces and of all employees or other passengers while, and immediately before, being transported on a passenger craft to or from any of those workplaces.

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Specific duties of operator - workplace

201.10           An operator shall, in respect of each of its workplaces,

             (a)  ensure the coordination of all work and activities for which an authorization has been issued to the operator;

             (b)  comply with its occupational health and safety management system, and ensure that all employers, supervisors, and employees at, owners of and providers of services to the workplace comply with that system;

             (c)  ensure that information necessary for the health and safety of employees and other individuals at the workplace is communicated to them;

             (d)  ensure that all employers, supervisors, and employees at, owners of and suppliers and providers of services to the workplace comply with the provisions of this Part and the regulations made under this Part;

             (e)  ensure that each employee at the workplace is made aware of known or foreseeable health or safety hazards;

             (f)  ensure that all work and activities for which an authorization has been issued are conducted so as to minimize the exposure to hazards, including hazardous substances, of all employees and other individuals at the workplace;

             (g)  ensure that installations, facilities, equipment and materials are properly installed, stored and maintained and are safe for their intended use;

             (h)  ensure that all employees and other individuals at the workplace conduct themselves so as to minimize their exposure to hazards, including hazardous substances;

              (i)  ensure that all employees and other individuals at the workplace are provided with the facilities and personal protective equipment, including any that are prescribed, necessary for their health and safety;

              (j)  ensure that all employees and other individuals at the workplace are provided with the information and training, including any that are prescribed, required for the proper use of personal protective equipment that is prescribed or that is required by the operator to be used or worn;

             (k)  ensure that all employees and other individuals at the workplace are provided with the instruction, training and supervision, including any that are prescribed, necessary for their health and safety;

              (l)  comply with the occupational health and safety requirements of an authorization issued to them, and those undertaken in the declaration related to the authorization, and record all instances of failures to comply with those requirements as well as measures taken to rectify the failure or to prevent further such failures;

           (m)  ensure that all employers, supervisors, and employees at, owners of and providers of services to the workplace comply with the occupational health and safety requirements of an authorization related to that workplace that is issued to the operator, and those undertaken in the declaration related to the authorization, and report instances of failure to comply with those requirements to the operator;

             (n)  inform the relevant interest holders of the occupational health and safety requirements of an authorization related to that workplace that is issued to the operator, and those undertaken in the declaration related to the authorization, and of a failure to comply with those requirements;

             (o)  ensure that members of the committees established for the workplace are provided with the support, opportunities and training, including any that are prescribed, necessary to enable the members to fulfil their duties and functions as a member of the committee;

             (p)  cooperate with those committees and facilitate communications between the employees and the committees;

             (q)  ensure that all or part of the workplace as described in subparagraphs 201.1(1)(aa)(i) and (ii) is inspected by or on behalf of the operator at least once a month, so that every part of that workplace is inspected at least once a year, and ensure that the workplace committee participates;

              (r)  ensure that a record is kept of each inspection referred to in paragraph (q), including corrective action taken as a consequence; and

             (s)  cooperate with the board and with persons carrying out duties or functions under this Part.

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Specific duties of operator - passenger craft

201.11          (1) An operator shall, each time before employees or other passengers are transported on a passenger craft to or from any of its workplaces,

             (a)  ensure that the employees and other passengers are provided with information and instruction, including any that are prescribed, necessary for their health and safety; and

             (b)  ensure that the employees are provided with the operator's contact information for the purpose of subsection 201.51(2).

             (2)  An operator shall ensure that the passenger craft going to or from any of its workplaces

             (a)  meets the requirements of an Act or other law that relates to the health or safety of the employees and other passengers on the passenger craft; and

             (b)  is equipped with equipment, devices and materials necessary to ensure the health and safety of the employees and other passengers, including any that are prescribed.

             (3)  An operator shall ensure that all employees and other passengers on the passenger craft going to or from any of its workplaces are provided with

             (a)  personal protective equipment necessary to ensure their health and safety, including any that is prescribed; and

             (b)  the information and training, including any that is prescribed, required for the proper use of personal protective equipment provided under paragraph (a) and the equipment, devices and materials referred to in paragraph (2)(b).

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Occupational health and safety management system - operator

201.12          (1) An operator shall develop, implement and maintain an occupational health and safety management system that fosters a culture of workplace safety and that is adapted to the circumstances of the work or activity specified in each authorization issued to the operator, for the purpose of

             (a)  implementing its occupational health and safety policy;

             (b)  ensuring that the provisions of this Part and the regulations made under this Part are complied with; and

             (c)  complying with the occupational health and safety requirements of each of those authorizations, and those undertaken in a declaration related to any of those authorizations.

             (2)  The system shall be set out in writing and include provisions regarding

             (a)  the management of risks to the health and safety of employees, including prescribed risks, and procedures for

                      (i)  the ongoing and systematic identification and reporting of hazards,

                     (ii)  the assessment of risks associated with identified hazards, and

                    (iii)  the implementation of hazard control measures;

             (b)  the role of a committee established for any of the operator's workplaces and the interaction between those committees;

             (c)  the roles and accountability of the employers, employees, providers of services and suppliers that are responsible for implementing the operator's occupational health and safety policy and occupational health and safety management system;

             (d)  the allocation of sufficient resources to ensure that employees continue to be qualified and competent, that there is proper quality control of documents, facilities, equipment and materials and that there is effective cooperation among employers;

             (e)  the procedures for carrying out work or activities, dealing with changes in operations and responding to emergencies;

             (f)  the procedures for dealing with failures to comply with the system and the procedures for the reporting and investigating of occupational diseases and of accidents, incidents and other hazardous occurrences and the keeping of related records and statistical analysis;

             (g)  the auditing of the adequacy and effectiveness of the system, including

                      (i)  determining the ability of the system to achieve the purposes set out in subsection (1), and

                     (ii)  identifying improvements that could be made to the system; and

             (h)  the implementation of the improvements identified during the audit referred to in paragraph (g).

             (3)  The operator shall review the system at least every 3 years in consultation with each workplace committee that it establishes.

             (4)  Where the regulations establish requirements in respect of anything described in paragraphs (2)(a) to (h ), the system shall meet the requirements of those regulations.

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Operator's code of practice

201.13          (1) The chief safety officer may, in writing, require an operator to establish a code of practice in respect of occupational health and safety, or to adopt a code of practice in respect of occupational health and safety that is specified by the chief safety officer, in respect of

             (a)  any of its workplaces or a work or activity carried out at any of its workplaces; or

             (b)  the transportation of employees to or from any of its workplaces.

             (2)  The code of practice may be revised by the chief safety officer from time to time, or the chief safety officer may require the operator to revise it from time to time.

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Accidents and occupational diseases

201.14          (1) An operator shall, as soon as it becomes known to the operator, notify the chief safety officer of

             (a)  an occupational disease at any of its workplaces; or

             (b)  an accident, incident or other hazardous occurrence at any of its workplaces, or on a passenger craft going to or from any of those workplaces, that causes a death or serious injury or in which a death or serious injury is narrowly avoided.

             (2)  An operator shall investigate an occupational disease, or an accident, incident or other hazardous occurrence, described in paragraph (1)(a ) or (b ) and shall keep adequate records of its investigation, including any records that are prescribed, for the period that is prescribed.

             (3)  An operator shall, no later than April 1 of each year, submit to each workplace committee that it establishes, to the chief safety officer and, on request, to a special committee established for any of its workplaces, a written report for the immediately preceding calendar year, in a form determined by that officer.

             (4)  The report shall set out data on all occupational diseases, and all accidents, incidents and other hazardous occurrences, that have occurred at any of the operator's workplaces or on a passenger craft going to or from any of those workplaces during the calendar year covered by the report, including the number of deaths, the number of serious injuries and the number of minor injuries.

             (5)  In this section, "serious injury" means an injury that

             (a)  results in the loss by an individual of a body member or part of a body member or in the complete loss by an individual of the usefulness of a body member or part of a body member;

             (b)  results in the permanent impairment of a body function of an individual; or

             (c)  prevents an employee from reporting for work or from effectively performing all the functions connected with his or her regular work on a day subsequent to the day on which the injury occurred, whether or not that subsequent day is a working day for him or her.

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Employer's duty to take reasonable measures

201.15          An employer shall take all reasonable measures to ensure

             (a)  the health and safety of its employees and other individuals at a workplace under its control;

             (b)  the health and safety of its employees at a workplace that is not under its control, to the extent that it controls their activities at the workplace; and

             (c)  the health and safety of its employees while, and immediately before, they are transported on a passenger craft.

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Specific duties of employers

201.16          (1) An employer shall, in respect of each workplace under its control, and in respect of an activity performed by its employees at a workplace that is not under its control, to the extent that it controls the activity,

             (a)  coordinate its undertaking with the work and activities of the operator and of another employer at the workplace who may be affected by that undertaking;

             (b)  ensure that the operator’s occupational health and safety management system is complied with and carry out responsibilities assigned to the employer under that system;

             (c)  determine, in consultation with the operator, the impact of its undertaking on occupational health and safety and ensure that other employers at the workplace who may be affected by that undertaking are provided with adequate information;

             (d)  communicate to its employees and, in respect of a workplace under its control, to other individuals at the workplace, all information necessary to their health and safety, or ensure that the information is communicated to them;

             (e)  ensure that its employees comply with the provisions of this Part and the regulations made under this Part;

             (f)  ensure that each of its employees, and particularly each supervisor, is made aware of known or foreseeable health or safety hazards;

             (g)  ensure that its undertaking is conducted so as to minimize its employees’ exposure to hazards and, in respect of other individuals at a workplace under its control, to minimize their exposure to hazards;

             (h)  provide to its employees, and, in respect of a workplace under its control, to other individuals at the workplace, the facilities and personal protective equipment, including any that are prescribed, necessary for their health and safety;

              (i)  provide to its employees, and, in respect of a workplace under its control, to other individuals at the workplace, the information and training, including any that are prescribed, required for the proper use of all personal protective equipment that is prescribed or that is required by the operator to be used or worn;

              (j)  provide its employees with the instruction, training and supervision, including any that are prescribed, necessary for their health and safety;

             (k)  ensure compliance with the occupational health and safety requirements of an authorization related to the workplace;

              (l)  record and report to the operator all instances of failures to comply with the provisions of this Part or of the regulations made under this Part, or with the occupational health and safety requirements of an authorization related to the workplace;

           (m)  ensure that all equipment, machines, devices, materials and other things at the workplace are properly installed, stored and maintained, are safe for their intended use and are used as intended;

             (n)  cooperate with and facilitate communication with committees established for the workplace;

             (o)  provide to members of a special committee it establishes for the workplace the support, opportunities and training, including any that are prescribed, necessary to enable the members to fulfil the duties and functions conferred on the committee;

             (p)  ensure that all or part of the workplace as described in subparagraphs 201.1(1)(aa)(i) and (ii) under its control is inspected by it or on its behalf at least once a month, so that every part of that workplace is inspected at least once a year, and ensure that the workplace committee participates; and

             (q)  cooperate with the board and with persons carrying out duties or functions under this Part.

             (2)  An employee who, with the approval of his or her employer, is receiving training that is required under this Part shall be paid the same wages and granted the same benefits that the employee would have received had he or she been working.

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Occupational health and safety program - employer

201.17          (1) For the purpose of implementing the operator's occupational health and safety policy, an employer shall, in consultation with the workplace committee, develop, implement and maintain, in respect of each workplace under the employer’s control, an occupational health and safety program that fosters a culture of workplace safety, where

             (a)  5 or more employees are normally employed at the workplace by the employer;

             (b)  the program is required by the chief safety officer; or

             (c)  the requirement for that program is prescribed.

             (2)  The program shall be set out in writing and include provisions regarding

             (a)  the management of risks to the health and safety of the employees, including any prescribed risks, and procedures for

                      (i)  the ongoing and systematic identification and reporting of all hazards,

                     (ii)  the assessment of risks associated with identified hazards, and

                    (iii)  the implementation of hazard control measures;

             (b)  the training and supervision of the employees that are necessary to ensure their health and safety and that of other individuals at the workplace;

             (c)  the establishment of special committees, the operation of workplace committees and special committees, the access by committees to a level of management with authority to resolve occupational health and safety matters and the information required under this Part to be maintained in relation to those committees;

             (d)  the roles of committees and their interaction in implementing the operator's occupational health and safety policy;

             (e)  the roles and accountability of the employers, employees, providers of services and suppliers that are responsible for implementing the operator's occupational health and safety policy;

             (f)  the procedures, including those required under this Part, to be followed to protect the employees’ health and safety, and the identification of the types of work to which those procedures apply;

             (g)  the procedures to be followed to deal with

                      (i)  failures to comply with the program and with the reporting and investigating of occupational diseases, and of accidents, incidents and other hazardous occurrences, at the workplace, and

                     (ii)  the keeping of related records and statistical analysis;

             (h)  the auditing of the adequacy and effectiveness of the program, including

                      (i)  determining the ability of the program to meet the requirements of the operator's occupational health and safety policy and occupational health and safety management system, and

                     (ii)  identifying improvements that could be made to the program; and

              (i)  the implementation of the improvements identified during the audit referred to in paragraph (h).

             (3)  Where the regulations establish requirements in respect of anything described in paragraphs (2)(a ) to (i ), the program shall meet the requirements of those regulations.

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Employer's code of practice

201.18          (1) The chief safety officer may, in writing, require an employer to establish, in respect of a workplace under the employer’s control or a work or activity carried out at any of those workplaces, a code of practice in respect of occupational health and safety, or to adopt, in respect of that workplace, work or activity, a code of practice in respect of occupational health and safety that is specified by the chief safety officer.

             (2)  The code of practice may be revised by the chief safety officer from time to time, or the chief safety officer may require the employer to revise it from time to time.

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Specific duties of employers- hazardous materials

201.19          Subject to exceptions that are prescribed, an employer shall, in respect of a workplace under its control, and in respect of an activity performed by its employees at a workplace that is not under its control, to the extent that it controls the activity,

             (a)  ensure that concentrations of hazardous substances at the workplace are controlled in accordance with standards that are prescribed;

             (b)  ensure that all hazardous substances at the workplace are stored and handled in the manner that is prescribed;

             (c)  ensure that all hazardous substances at the workplace, other than controlled products, are identified in the manner that is prescribed;

             (d)  subject to the Hazardous Materials Information Review Act (Canada), ensure that each controlled product at the workplace or each container at the workplace in which a controlled product is contained has applied to it a label that discloses information that is prescribed and has displayed on it, in the manner that is prescribed, all applicable hazard symbols that are prescribed;

             (e)  subject to the Hazardous Materials Information Review Act (Canada), make available to every employee at the workplace, in the manner that is prescribed, a material safety data sheet that discloses the following information with respect to each controlled product to which the employee may be exposed, namely,

                      (i)  where the controlled product is a pure substance, its chemical identity, and where it is not a pure substance, the chemical identity of its ingredients that are a controlled product and the concentration of that ingredient,

                     (ii)  where the controlled product contains an ingredient that is included in the ingredient disclosure list and the ingredient is in a concentration that is equal to or greater than the concentration specified in that list for that ingredient, the chemical identity and concentration of that ingredient,

                    (iii)  the chemical identity of an ingredient of the controlled product that the employer believes on reasonable grounds may be harmful to an employee at the workplace and the concentration of that ingredient,

                    (iv)  the chemical identity of an ingredient of the controlled product whose toxicological properties are not known to the employer and the concentration of that ingredient, and

                     (v)  other information that is prescribed with respect to the controlled product;

             (f)  where employees at the workplace may be exposed to hazardous substances, investigate and assess the potential exposure in the manner that is prescribed, with the assistance of the workplace committee or the coordinator; and

             (g)  ensure that all records of exposure to hazardous substances are kept and maintained in the manner that is prescribed and that personal records of exposure are made available to the affected employees.

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Employer to provide information in emergency

201.20          (1) An employer shall, in respect of a workplace under its control, and in respect of an activity performed by its employees at a workplace that is not under its control, to the extent that it controls the activity, provide, in respect of a controlled product to which an employee may be exposed, as soon as the circumstances permit, information referred to in paragraph 201.19(e) that is in the employer's possession to a physician, or other prescribed medical professional, who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, an employee in an emergency.

             (2)  A physician or other prescribed medical professional to whom an employer provides information under subsection (1) shall only use the information for the purpose for which it is provided and shall keep confidential the information that the employer specifies as being confidential.

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Supervisor's duty to take reasonable measures

201.21          A supervisor shall take all reasonable measures to ensure the health and safety of employees and other individuals that he or she supervises at a workplace.

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Specific duties of supervisor

201.22          A supervisor shall

             (a)  ensure that the employees that he or she supervises comply with the provisions of this Part and the regulations made under this Part;

             (b)  inform his or her employer and each of those employees of known or foreseeable health or safety hazards;

             (c)  where required to do so by his or her employer or the operator, provide those employees with written instructions as to the measures to be taken and the procedures to be followed for the protection of the employees; and

             (d)  report to his or her employer a failure to comply with the provisions of this Part or of the regulations made under this Part, or with the occupational health and safety requirements of an authorization related to the workplace that is issued to the operator.

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Employee's duty to take reasonable measures

201.23           An employee at a workplace or on a passenger craft shall take all reasonable measures to protect his or her own health and safety and that of other individuals at the workplace or on the passenger craft.

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Specific duties of employee-workplace

201.24          An employee at a workplace shall

             (a)  cooperate with the operator and with all employers and other employees to protect the health and safety of individuals at the workplace;

             (b)  use or wear, in the manner intended, all personal protective equipment that is prescribed or that is required by the operator to be used or worn;

             (c)  take all reasonable measures to ensure that other employees use or wear, in the manner intended, all personal protective equipment referred to in paragraph (b);

             (d)  consult and cooperate with committees established for the workplace;

             (e)  cooperate with the board and with persons carrying out duties or functions under this Part;

             (f)  follow all instructions of his or her employer given for the purpose of ensuring occupational health and safety; and

             (g)  report to his or her employer any thing or circumstance at the workplace that is likely to be hazardous to the health or safety of the employee or other individuals at the workplace.

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Specific duties of employee-passenger craft

201.25          An employee shall

             (a)  while, and immediately before, being transported on a passenger craft, cooperate with the individual providing him or her with information and instruction on behalf of the operator, with his or her employer and with an individual who operates or assists in operating the passenger craft, so as to protect the health and safety of individuals on the passenger craft; and

             (b)  while being transported on a passenger craft, use or wear, in the manner intended, all personal protective equipment that is prescribed or that is required by the operator, or by any individual who operates or assists in operating the passenger craft, to be used or worn on the passenger craft.

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Limitation of liability-employee

201.26          An employee who, at the workplace or while, or immediately before, being transported on a passenger craft, comes to the assistance of another individual or carries out an emergency measure is not personally liable for an injury or damage that may result from it, unless the injury or damage is a result of the employee’s gross negligence or wilful misconduct.

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Supplier's duty to take reasonable measures

201.27          A supplier shall, to protect the health and safety of individuals at a workplace or on a passenger craft, take all reasonable measures to ensure that any thing it supplies for use at the workplace or on the passenger craft is in a safe condition.

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Specific duties of supplier

201.28          A supplier shall ensure

             (a)  that any thing it supplies for use at a workplace or on a passenger craft meets the requirements of the regulations made under this Part; and

             (b)  where there is an obligation in an agreement for the supplier to maintain the thing in safe condition, that it complies with that obligation.

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Provider of services' duty to take
reasonable
measures

201.29          A provider of services shall take all reasonable measures to ensure that an individual at a workplace or on a passenger craft is not endangered as a result of the services that it provides in connection with the workplace or passenger craft.

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Specific duties of provider of services

201.30          A provider of services shall

             (a)  when it provides services in connection with a workplace that are related to the placement, with an operator or employer, of individuals who, in return for monetary compensation, perform work or services for the operator or employer at the workplace, ensure that those individuals have the qualifications and certifications, including any that are prescribed, that are necessary for them to perform the work or services in a manner that protects their health and safety and that of employees and other individuals at the workplace;

             (b)  ensure that information that it provides in connection with the services that it provides is accurate and sufficiently complete so as to enable the operator or employer to make a competent judgment on the basis of the information; and

             (c)  ensure, to the extent that it is possible to do so, that an operator, employer, employee, supplier or owner, or another provider of services, will not, as a result of relying in good faith on its advice, or on a certificate, seal or stamp provided by it, be in contravention of the provisions of this Part or of the regulations made under this Part, or the occupational health and safety requirements of the authorization or those undertaken in the declaration related to the authorization.

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Duty of owner

201.31          An owner shall take all reasonable measures to ensure that a workplace in respect of which he or she is an owner is delivered and maintained so as to ensure the health and safety of individuals at that workplace, including measures to inform the operator of known or foreseeable health or safety hazards that could assist the operator in

             (a)  reducing the risks posed by hazards at the workplace; and

             (b)  assessing compliance with the provisions of this Part and the regulations made under this Part, and the occupational health and safety requirements of an authorization related to the workplace that is issued to the operator, and the occupational health and safety requirements undertaken in the declaration related to the authorization.

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Duty of interest holder

201.32          An interest holder shall take all reasonable measures to ensure that the operator for a workplace in a portion of the offshore area subject to the interest, or the share of the interest, of that interest holder complies with

             (a)  the provisions of this Part and the regulations made under this Part; and

             (b)  the occupational health and safety requirements of an authorization related to that workplace that is issued to the operator, and the occupational health and safety requirements undertaken in the declaration related to the authorization.

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Duties of directors and officers

201.33          (1) Every director and every officer of a corporation that holds an authorization shall take all reasonable measures to ensure that the corporation complies with

             (a)  the provisions of this Part and the regulations made under this Part; and

             (b)  the occupational health and safety requirements of the authorization, and the occupational health and safety requirements undertaken in the declaration related to the authorization.

             (2)  Every director and every officer of a corporation that is a supplier or provider of services shall take all reasonable measures to ensure that the corporation complies with sections 201.27 to 201.30.

             (3)  Every director and every officer of a corporation shall, where the corporation has duties under section 201.32, take all reasonable measures to ensure that the corporation complies with that section.

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Communication of information -operator

201.34          (1) An operator shall post in printed form, in a prominent place at each of its workplaces,

             (a)  its occupational health and safety policy;

             (b)  contact information to enable the reporting of health or safety concerns to the board; and

             (c)  the names of the members of committees established by the operator for that workplace, the members’ contact information and the minutes of the most recent meeting of those committees.

             (2)  An operator shall make the following information and documents readily available at each of its workplaces in a prominent place accessible to every employee at the workplace, in printed or electronic form:

             (a)  a copy of this Part and the regulations made under this Part;

             (b)  a copy of the document describing the operator’s occupational health and safety management system;

             (c)  a code of practice required by the chief safety officer under section 201.13 to be established or adopted by the operator for that workplace;

             (d)  a code of practice required by the chief safety officer under section 201.18 to be established or adopted by an employer at that workplace;

             (e)  information relating to the equipment, methods, measures, standards or other things permitted to be used at the workplace under a permission granted under section 201.66, conditions placed on the use of that equipment or those methods, measures, standards or other things and the duration of the permission; and

             (f)  information relating to the equipment, methods, measures, standards or other things permitted to be used on a passenger craft, or whose use is permitted in respect of employees or other passengers being transported on a passenger craft, under a permission granted to the operator under section 201.67, conditions placed on the use of that equipment or those methods, measures, standards or other things and the duration of the permission.

             (3)  An operator shall, at the request of an employee or employer at any of the operator’s workplaces or by a committee established for any of those workplaces, make readily available for their examination any material incorporated by reference in the regulations made under this Part, in printed or electronic form.

             (4)  An operator shall provide to a committee established for any of its workplaces, or to an employer or employee at any of those workplaces, in printed or electronic form, within 7 days after the day on which an occupational health and safety officer requires it, information that enables employees to become acquainted with their rights and responsibilities under this Part as the officer may require.

             (5)  An obligation imposed on an operator under subsection (1) is satisfied where the operator provides a copy of the information or document to each employee at the workplace.

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Communication of information -employer

201.35          (1) An employer shall post, in a prominent place at each workplace for which it has established a special committee, in printed form, the names of the members of the special committee, the members’ contact information and the minutes of the most recent meeting of that committee.

             (2)  An employer shall, in respect of a workplace under its control, provide to the operator, and make readily available in a prominent place accessible to its employees at the workplace, in printed or electronic form,

             (a)  a copy of the occupational health and safety program for the workplace; and

             (b)  a code of practice required by the chief safety officer under section 201.18 to be established or adopted by the employer for the workplace.

             (3)  An employer shall make available to the board, where required by an occupational health and safety officer, and to persons, unions and committees that an occupational health and safety officer may require, in printed or electronic form, within and for the time that the officer requires, material or information referred to in subsections 201.34(3) and (4).

             (4)  An obligation imposed on an employer under subsection (1) is satisfied where the employer provides a copy of the information or document to each of its employees at the workplace.

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Chief safety officer information

201.36          (1) An operator shall communicate to employees at a workplace and the workplace committee information that the chief safety officer requires to be communicated to them, within the time and in the manner specified by the chief safety officer.

             (2)  An employer shall communicate to its employees at a workplace information that the chief safety officer requires to be communicated to them, within the time and in the manner specified by the chief safety officer.

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Provision of information to committees

201.37          (1) An operator and an employer shall immediately after preparing or being provided with a report respecting anything inspected, tested or monitored under this Part at the operator’s workplace or at a workplace under the employer’s control including a report under section 201.71, notify all committees established for the workplace of the report and, subject to section 201.38, within 7 days after the day on which a request is received from any of those committees, shall provide that committee with a copy of it.

             (2)  An operator shall make available to an employee at the workplace, and the employer shall make available to its employees at the workplace, on request, a copy of a report that has been provided to a committee established for the workplace.

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Editing of reports

201.38          (1) Where a report referred to in subsection 201.37(1) contains a trade secret, the operator or employer may edit the report to protect the trade secret.

             (2)  Where a report referred to in subsection 201.37(1) contains information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, the operator or employer shall edit the report to protect that information before providing it to a committee, unless the individual to whom the information relates consents in writing to the disclosure of the information to the committee.

             (3)  The edited report shall be provided to the committee within 21 days after the day on which the committee’s request is received.

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Response to request for information

201.39          (1) An operator who receives from a committee established for any of its workplaces or an employee at any of its workplaces, a written request for information related to occupational health and safety, other than a request for a report referred to in subsection 201.37(1), shall provide a written response to the request within 21 days after the day on which it is received.

             (2)  An employer who receives from a special committee it has established or any of its employees a written request for information related to occupational health and safety, other than a request for a report referred to in subsection 201.37(1), shall provide a written response to the request within 21 days after the day on which it is received.

             (3)  Notwithstanding subsections (1) and (2), where the request is made by a special committee, the operator or employer is required to respond only where the information is necessary for the particular purpose for which the committee was established.

             (4)  Subsections 201.44(3) to (8) apply to the request with modifications that the circumstances require.

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Establishment, functions and duties of workplace committee

201.40          (1) An operator shall establish one workplace committee for each of its workplaces, other than a workplace established for 6 months or less, for purposes related to occupational health and safety.

             (2)  Notwithstanding subsection (1), the chief safety officer may authorize an operator to establish a single workplace committee in respect of 2 or more workplaces where the chief safety officer is satisfied that the circumstances warrant it.

             (3)  An occupational health and safety committee described in subsection 201.42(1) is considered to be a workplace committee in respect of the workplace referred to in that subsection and to have been established by the operator for that workplace.

             (4)  A workplace committee shall

             (a)  receive, consider, investigate where necessary and promptly dispose of matters and complaints related to occupational health and safety;

             (b)  participate in inspections referred to in paragraphs 201.10(q ) and 201.16(1)(p ), in the investigation of a matter under paragraph 201.19(f ) and in the activities of health and safety officers that pertain to a matter under section 201.46 or subsection 201.47(8) or 201.51(8), and, at the discretion of a health and safety officer, participate in the officer’s activities that pertain to occupational diseases and to accidents, incidents and other hazardous occurrences;

             (c)  maintain records in a form and manner approved by the chief safety officer, and provide a copy of those records, on request, to a health and safety officer, or to a person within a class of persons that is prescribed;

             (d)  keep minutes of committee meetings in a form and manner approved by the chief safety officer and provide a copy of those minutes, on request, to a health and safety officer, or to a person within a class of persons that is prescribed; and

             (e)  perform other duties that are assigned to it by the chief safety officer or that are assigned to it under an agreement between the operator and employers and employees, or the union representing them, at the workplace.

             (5)  A workplace committee may

             (a)  seek to identify those things and circumstances at the workplace that are likely to be hazardous to the health or safety of employees, and advise on effective procedures to eliminate the hazards, to reduce the risks posed by the hazards and to protect against the hazards;

             (b)  advise the operator and the employers at the workplace on the occupational health and safety policy, the occupational health and safety management system and the occupational health and safety programs and procedures required under this Part;

             (c)  advise on the provision of personal protective equipment suited to the needs of the employees;

             (d)  make recommendations, for the improvement of occupational health and safety, to the operator and the employers and employees at the workplace and to a supplier, owner or provider of services that carries out duties or functions under this Part; and

             (e)  participate in the activities described in subsection 201.76(1).

             (6)  An individual who serves as a member of a workplace committee is not personally liable for anything done or omitted to be done by him or her in good faith while carrying out his or her duties or functions.

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Workplace committee

201.41          (1) A workplace committee consists of a number of individuals that may be agreed to by the operator and the employees at the workplace or the unions representing them.

             (2)  The operator shall select no more than half of the members of a workplace committee from among employees at the workplace, at least one of whom shall be a representative of the operator and the other members, who represent the employees, shall be selected by the employees, or the unions representing them, from among employees at the workplace who do not exercise managerial functions.

             (3)  A workplace committee shall meet at least once every month, or more frequently where the chief safety officer requires it.

             (4)  An employee who is a member of a workplace committee is entitled to any time off from work that is necessary to enable him or her to fulfil his or her duties and functions as a member of the committee, including time off to take training and that time off is considered to be work time for which the employee shall be paid the same wages and granted the same benefits that the employee would have received had he or she worked for that time.

             (5)  A workplace committee may establish its own rules of procedure, but in establishing those rules it shall comply with any requirements that are prescribed.

             (6)  A workplace committee shall be co-chaired by 2 of its members, one chosen by members that have been selected by employees, or unions representing them, and the other chosen by members that have been selected by the operator.

             (7)  Where there is disagreement as to the size of a workplace committee, the selection of members or another matter that prevents or impairs the proper functioning of the committee, the chief safety officer shall determine the matter and provide those concerned with a written determination.

             (8)  A determination by the chief safety officer is final and binding and not subject to review or appeal.

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Occupational health and safety coordinator

201.42          (1) Where an operator establishes a workplace for 6 months or less, the operator shall, unless there is already an occupational health and safety committee for the workplace that meets the requirements of subsections 201.41(1), (2) and (6), designate an employee at that workplace who has been approved by the chief safety officer to act as an occupational health and safety coordinator in respect of that workplace.

             (2)  The coordinator shall

             (a)  receive, consider, investigate where necessary and promptly dispose of matters and complaints related to occupational health and safety;

             (b)  assist his or her employer in carrying out the employer’s duties under paragraph 201.19(f );

             (c)  maintain records in a form and manner approved by the chief safety officer, and provide a copy of those records, on request, to a health and safety officer, or to a person within a class of persons that is prescribed; and

             (d)  perform other duties that are assigned to him or her by the chief safety officer.

             (3)  The coordinator may make recommendations, for the improvement of occupational health and safety, to the operator and the employers and employees at the workplace and to a supplier, owner or provider of services that has duties or functions under this Part.

             (4)  The operator shall  

             (a)  ensure that the coordinator is informed of his or her responsibilities as coordinator under this section;

             (b)  ensure that the coordinator is provided with the training in health and safety, including any that is prescribed, necessary to enable him or her to fulfil his or her duties and functions as coordinator; and

             (c)  make readily available to employees at the workplace, in printed form, the name of the coordinator and the coordinator’s contact information.

             (5)  The operator and the employers at the workplace shall cooperate with the coordinator and facilitate communications between the coordinator and the employees at the workplace.

             (6)  An individual who serves as a coordinator is not personally liable for anything done or omitted to be done by him or her in good faith while carrying out his or her duties or functions.

             (7)  An employee who is a coordinator is entitled to any time off from work that is necessary to enable him or her to fulfil his or her duties and functions as a coordinator, including time off to take training and that time off is considered to be work time for which the employee shall be paid the same wages and granted the same benefits that the employee would have received had he or she worked for that time.

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Special committees

201.43           (1) The chief safety officer may, after consultation with an operator, order the operator to establish a special committee for any of its workplaces for particular purposes related to occupational health and safety.

             (2)  The chief safety officer may, after consultation with an employer having control over a workplace, the operator, and the employer’s employees at the workplace or the union representing them, order the employer to establish a special committee for that workplace for particular purposes related to occupational health and safety.

             (3)  The order shall set out the mandate, duties and functions of the special committee and the responsibilities of the operator or employer.

             (4)  The operator or employee shall establish the special committee within 15 days of the receipt of the order.

             (5)  Paragraphs 201.40(5)(b) and (d ) and subsections 201.40(6) and 201.41(1) to (8) apply, with any modifications that the circumstances require, in respect of a special committee.

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Response to recommendations of committee

201.44          (1) Subject to subsections (4), (6) and (7), an operator or employer who receives recommendations from a committee established for any of the operator’s workplaces or for a workplace under the employer’s control, together with a written request to respond to the recommendations, shall provide a written response within 21 days after the day on which it receives the request.

             (2)  The response shall indicate the recommendations being accepted as well as the action, if any, that will be taken and the date by which it will be taken, and the recommendations being rejected, together with the reasons for the rejection.

             (3)  Where it is not possible to provide a response within 21 days, the operator or employer shall within that period provide the committee with a written explanation for the delay and propose a date on which the response will be provided.

             (4)  Unless the committee notifies the operator or employer that it is not satisfied that the explanation provided or the proposed date is reasonable, the operator or employer shall provide the response by that date.

             (5)  Where the committee is not satisfied that the explanation provided or the proposed date indicated is reasonable, the committee shall promptly report the matter to an occupational health and safety officer.

             (6)  Where the occupational health and safety officer is satisfied that the explanation provided and the proposed date are reasonable, the officer shall notify the committee, and the operator or employer that the operator or employer is to provide the response by the date indicated and the operator or employer shall provide the response by that date.

             (7)  Where the occupational health and safety officer is not satisfied that the explanation provided or the proposed date is reasonable, the officer shall determine the date on which the response is to be provided and notify the committee, and the operator or employer of that date and the operator or employer shall provide the response by that date.

             (8)  Where the committee has not been provided with a response to its recommendations within the period required or where it considers that the response is not satisfactory, it shall inform an occupational health and safety officer of the matter.

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Workplace monitoring

201.45          (1) A workplace committee may choose an employee at the workplace to observe

             (a)  the set-up of, or change to, systems for monitoring conditions at the workplace that affect the health or safety of employees, including systems for taking samples and measurements; and

             (b)  the subsequent monitoring of the conditions referred to in paragraph (a ), including the taking of samples and measurements.

             (2)  An employer who conducts an activity described in paragraph (1)(a ) or (b ) at the workplace, and the operator where the operator conducts that activity, shall permit the observer to observe the activity.

             (3)  Subsection (2) does not apply in an emergency situation, or in respect of monitoring referred to in paragraph (1)(b) that is carried out continuously or on a regular and frequent basis.

             (4)  When an operator or an employer monitors health and safety conditions at a workplace, the following requirements apply:

             (a)  where an employer is carrying out the monitoring, the employer shall give reasonable notice to the operator to enable the operator to comply with paragraph (b);

             (b)  where an operator is carrying out the monitoring or is notified under paragraph (a), the operator shall give reasonable notice of the commencement of monitoring to all employers at the workplace;

             (c)  the operator or the employer carrying out the monitoring shall give reasonable notice of the commencement of monitoring to the observer, and shall provide the observer with access to the workplace for the purpose of observing the monitoring; and

             (d)  the operator or employer carrying out the monitoring shall, at the request of the observer, explain the monitoring process to the observer.

             (5)  Monitoring may be carried out on the order of a health and safety officer under section 201.70 even where the notices referred to in paragraphs (4)(a) to (c ) have not been given.

             (6)  An employee acting as an observer shall be paid the same wages and granted the same benefits that the employee would have received had he or she worked for that time.

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Reporting of occupational health and safety concerns

201.46          (1) An employee who has reasonable cause to believe that a provision of this Part or of the regulations made under this Part has been contravened or that there is likely to be an accident or injury arising out of, linked to or occurring in the course of employment shall report his or her concern to his or her supervisor.

             (2)  The employee and the supervisor shall try to resolve the employee’s concern between themselves as soon as possible.

             (3)  Where the employee’s concern is not resolved, he or she may notify his or her employer, and when so notified the employer shall in turn notify the workplace committee or the coordinator and the operator.

             (4)  Where the employee’s concern is not resolved after he or she notifies his or her employer, the employee may notify a health and safety officer.

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Right to refuse

201.47          (1) An employee may refuse to perform an activity at a workplace where he or she has reasonable cause to believe that the performance of the activity constitutes a danger to himself or herself or another individual.

             (2)  Notwithstanding subsection (1), an employee is not permitted to refuse to perform an activity where the refusal puts the life, health or safety of another individual directly in danger.

             (3)  An employee who refuses to perform an activity shall immediately report the circumstances of the matter to his or her supervisor.

             (4)  The supervisor shall immediately take action to try to resolve the matter and where the supervisor

             (a)  believes that a danger exists, he or she shall also immediately take any action that is necessary to protect any individual from the danger and to inform the workplace committee or the coordinator, the operator and the employee’s employer of the matter; or

             (b)  does not believe that a danger exists, he or she shall so notify the employee.

             (5)  Where the employee continues to refuse to perform the activity, he or she shall immediately notify his or her employer and the workplace committee or the coordinator, and the employer shall in turn notify the operator and any provider of services that is providing services related to the placement of that employee.

             (6)  Immediately after being notified under subsection (5), the operator shall notify an occupational health and safety officer of the continued refusal of the employee to perform the activity and of remedial action taken.

             (7)  The workplace committee or the coordinator may make recommendations that it considers appropriate to the employee, the employee’s employer, the operator and any provider of services that is providing services related to the placement of that employee.

             (8)  The occupational health and safety officer shall, where the employee continues to refuse to perform the activity, inquire into the matter, taking into account the recommendations, if any, made by the workplace committee or the coordinator, and the officer shall give to the employee, the employee’s employer, the operator and any provider of services that is providing services related to the placement of that employee, and to the workplace committee or the coordinator a written notification of his or her decision on the matter.

             (9)  Where the occupational health and safety officer decides that the performance of the activity constitutes a danger to the employee or another individual, the officer shall make an order under subsection 201.90(1) or (2) that the officer considers appropriate, and the employee may continue to refuse to perform the activity until the order is complied with or until it is varied or revoked under this Part.

          (10)  Where the occupational health and safety officer decides that the performance of the activity does not constitute a danger to the employee or another individual, or that the refusal puts the life, health or safety of another individual directly in danger, the employee is not entitled under this section to continue to refuse to perform the activity.

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Opportunity to explain reasons for refusal

201.48          (1) An employee who refuses under section 201.47 to perform an activity may accompany an occupational health and safety officer when the officer is inquiring into the matter under subsection 201.47(8), for the purpose of explaining the reasons for the employee’s refusal.

             (2)  An employee who, under subsection (1), accompanies an occupational health and safety officer shall, during that time, be paid the same wages and granted the same benefits that the employee would have received if he or she had not exercised his or her right to refuse.

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Assignment of equivalent work

201.49          (1) Subject to an applicable collective agreement or other agreement, where an employee refuses under section 201.47 to perform an activity, the employer may assign reasonably equivalent work to the employee until the employee, by virtue of subsection 201.47(9) or (10), is no longer permitted to refuse to perform the activity.

             (2)  Where the employee is assigned reasonably equivalent work, the employer, or the provider of services that is providing services related to the placement of the employee, shall pay him or her the same wages and grant him or her the same benefits that he or she would have received had he or she not refused to perform the activity.

             (3)  Where the employee is not assigned reasonably equivalent work, the employer, or the provider of services that is providing services related to the placement of the employee shall, until the employee, by virtue of subsection 201.47(9) or (10) is no longer permitted to refuse to perform the activity, pay the employee the same wages and grant the employee the same benefits that he or she would have received had he or she not refused to perform the activity.

             (4)  Subject to an applicable collective agreement or other agreement, where the employee refuses an assignment of reasonably equivalent work, he or she is not entitled to receive any wages or benefits.

             (5)  For as long as the employee continues to exercise his or her right to refuse to perform an activity, another employee shall not be assigned to perform the activity unless the employer has advised that other employee of the refusal, the reasons for the refusal and the right of that other employee to refuse to perform the activity.

             (6)  Subject to an applicable collective agreement or other agreement, the employer, or the provider of services that is providing services related to the placement of the employee may require repayment of any wages and benefits received by an employee under subsection (3) where the labour relations board determines in respect of an application made under section 201.60, after all avenues of redress have been exhausted by the employee, that the employee received the wages and benefits knowing that no circumstances existed that would warrant the refusal.

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Compensation or equivalent work for other employees

201.50          (1) Subject to an applicable collective agreement or other agreement, an employee at a workplace who is affected by a work stoppage arising from a refusal by another employee to perform an activity shall be paid the same wages and granted the same benefits that he or she would have received had no work stoppage occurred, until work resumes or until he or she returns to his or her usual point of disembarkation on shore, whichever event occurs first.

             (2)  Subject to an applicable collective agreement or other agreement, an employer may assign reasonably equivalent work to an employee who is affected by a work stoppage at the same wages and benefits that the employee would have received if no work stoppage had occurred.

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Refusal to be transported

201.51          (1) An employee may refuse to be transported on a passenger craft if he or she has reasonable cause to believe that being transported on it constitutes a danger to him or her.

             (2)  An employee who refuses to be transported on a passenger craft shall use the contact information provided under paragraph 201.11(1)(b) to immediately report the circumstances of the matter.

             (3)  On being notified of a refusal under subsection (2), the operator shall immediately notify the chief safety officer unless the chief safety officer has provided other contact information for the purpose of this subsection, in which case the operator shall use that contact information to make the notification.

             (4)  For as long as the employee continues to exercise his or her right to refuse to be transported on the passenger craft, or for a longer period specified by the chief safety officer, the operator shall notify all other employees and other passengers to be transported on the passenger craft, before they are transported, of the refusal, the reasons for the refusal and the right of employees to refuse to be transported.

             (5)  The operator shall immediately take action to try to resolve the matter and where the operator

             (a)  believes that the transportation constitutes a danger to the employee, it shall immediately take remedial action that is necessary and inform the workplace committee established for the workplace to or from which the employee was to be transported, and an occupational health and safety officer, of the matter; or

             (b)  does not believe that the transportation constitutes a danger to the employee, it shall so notify the employee.

             (6)  Where the employee continues to refuse to be transported, the operator shall immediately notify the workplace committee, the employee’s employer and an occupational health and safety officer of the continued refusal of the employee to be transported and of any remedial action taken and the employer shall in turn notify any provider of services that is providing services related to the placement of that employee.

             (7)  The workplace committee may make recommendations to the employee and the operator that it considers appropriate.

             (8)  The occupational health and safety officer shall, where the employee continues to refuse to be transported, inquire into the matter, taking into account recommendations made by the workplace committee.

             (9)  The occupational health and safety officer shall decide whether the transportation constitutes a danger to the employee, and shall give to the employee, the employee’s employer, the operator and the workplace committee a written notification of the decision and the employer shall in turn notify a provider of services that is providing services related to the placement of that employee.

          (10)  Where the occupational health and safety officer decides that the transportation constitutes a danger to the employee, the officer shall make an order under subsection 201.90(1) or (2) that he or she considers appropriate, and an employee may continue to refuse to be transported until the order is complied with or until it is varied or revoked under this Part.

          (11)  Where the occupational health and safety officer decides that the transportation does not constitute a danger to the employee, the employee is not entitled to continue to refuse to be transported.

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Assignment of equivalent work

201.52          (1) Subject to an applicable collective agreement or other agreement, where an employee refuses under section 201.51 to be transported, the employer may assign reasonably equivalent work to the employee until the employee, by virtue of subsection 201.51(10) or (11), is no longer permitted to refuse to be transported.

             (2)  Where the employee is assigned reasonably equivalent work, the employer, or the provider of services that is providing services related to the placement of the employee, shall pay him or her the same wages and grant him or her the same benefits that he or she would have received had he or she not refused to be transported.

             (3)  Where an employee is not been assigned reasonably equivalent work, the employer or the provider of services that is providing services related to the placement of the employee shall, until the employee, by virtue of subsection 201.51(10) or (11), is no longer permitted to refuse to be transported, pay the employee the same wages and grant the employee the same benefits that he or she would have received had he or she not refused to be transported.

             (4)  Subject to an applicable collective agreement or other agreement, where the employee refuses an assignment of reasonably equivalent work, he or she is not entitled to receive any wages or benefits.

             (5)  Subject to an applicable collective agreement or other agreement, the employer, or the provider of services that is providing services related to the placement of the employee, may require repayment of any wages and benefits received by an employee under subsection (3) where the labour relations board determines in respect of an application made under section 201.60, after all avenues of redress have been exhausted by the employee, that the employee received the wages and benefits knowing that no circumstances existed that would warrant the refusal.

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Pregnant or nursing employees

201.53          (1) Without prejudice to the rights conferred by section 201.47 and subject to this section, an employee who is pregnant or nursing may cease to perform her job if she believes that, by reason of the pregnancy or nursing, continuing any of the functions connected with her regular work may pose a risk to her health or to that of her foetus or child.

             (2)  On being informed of the cessation, the employer, with the written consent of the employee, shall notify the workplace committee established for the employee’s workplace or the coordinator.

             (3)  The employee shall provide to her employer, and a provider of services that is providing services related to her placement, as soon as possible, a certificate of a medical practitioner of her choice who is entitled to practise medicine under the laws of a province

             (a)  certifying that continuing any of the functions connected with her regular work poses a risk to her health or to that of her foetus or child and indicating the expected duration of the risk and the activities or conditions to avoid in order to eliminate the risk; or

             (b)  certifying that continuing the functions connected with her regular work does not pose a risk to her health or to that of her foetus or child.

             (4)  Without prejudice to another right conferred by this Part, by a collective agreement, by another agreement or by terms and conditions of employment, once the medical practitioner has established that there is not a risk as described in subsection (1), the employee is no longer permitted to cease to perform her job under that subsection.

             (5)  For the period during which the employee does not perform her job under subsection (1), the employer may, in consultation with the employee, reassign her to another job that would not pose a risk to her health or to that of her foetus or child.

             (6)  Whether or not the employee has been reassigned to another job, she is considered to continue to hold the job that she held at the time she ceased to perform her job and is to continue to receive the wages and benefits that are attached to that job for the period during which she does not perform the job.

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Reassignment and job modification

201.54          (1) An employee who is pregnant or nursing may, during the period from the beginning of the pregnancy to the end of the twenty-fourth week following the birth, request that the employer modify the functions connected with her regular work or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of those functions may pose a risk to her health or to that of her foetus or child.

             (2)  The employee's request shall be accompanied by a certificate described in paragraph 201.53(3)(a ).

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Employer's obligations and rights of employees

201.55          (1) An employer to whom a request has been made under subsection 201.54(1) shall examine the request in consultation with the employee and, where feasible, shall modify the functions connected with her regular work or shall reassign her and shall notify a provider of services that is providing services related to the placement of that employee that the request has been made.

             (2)  An employee who has made a request under subsection 201.54(1) is entitled to continue in her current job while the employer examines her request, but, if the risk posed by continuing any of the functions connected with her regular work so requires, she is entitled to and shall be granted a leave of absence with the same wages and benefits payable by the employer or a provider of services that is providing services related to the placement of that employee, that she would have received had she not been on leave of absence until the employer

             (a)  modifies the functions connected with her regular work or reassigns her; or

             (b)  informs her in writing that it is not feasible to modify the functions connected with her regular work or to reassign her.

             (3)  The onus is on the employer to show that a modification of the functions connected with the employee's regular work or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not feasible.

             (4)  Where the employer concludes that a modification of the functions connected with the employee's regular work or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not feasible, the employer shall so inform her in writing.

             (5)  Where the functions connected with the employee’s regular work are modified or the employee is reassigned, the employee is considered to continue to hold the job that she held at the time of making the request under subsection 201.54(1), and shall continue to receive the wages and benefits that are attached to that job.

             (6)  An employee referred to in subsection (4) is entitled to and shall be granted a leave of absence for the duration of the risk as indicated in the medical certificate.

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Reprisal action

201.56          (1) In this section and in sections 201.57 and 201.59, "reprisal action" means an action that

             (a)  adversely affects an employee with respect to his or her terms or conditions of employment or an opportunity for employment or promotion, including dismissal, lay-off, suspension, demotion, transfer of job or location, discontinuation or elimination of the job, change in hours of work, reduction in wages or benefits, coercion, intimidation or the imposition of a disciplinary sanction, reprimand or other penalty; and

             (b)  is taken, in whole or in part, because the employee has acted in accordance with the provisions of this Part or of the regulations made under this Part or with a decision or order made under any of those provisions or has taken steps to ensure that those provisions are complied with.

             (2)  An operator, employer, provider of services or union shall not take, or threaten to take, reprisal action against an employee.

             (3)  Without limiting the generality of subsection (2), actions referred to in paragraph (1)(a) cannot be taken against an employee for

             (a)  seeking to establish a committee, participating in the establishment or work of a committee or acting as a member of a committee or as a coordinator;

             (b)  acting as an observer under section 201.45;

             (c)  making a report under section 201.46;

             (d)  refusing to perform an activity under section 201.47, refusing to be transported under section 201.51 or ceasing to perform a job under section 201.53;

             (e)  requesting the employer under section 201.54 to modify the functions connected with the employee’s regular work or to reassign the employee;

             (f)  seeking access to information to which the employee is entitled under this Part;

             (g)  testifying in a proceeding or inquiry under this Part; or

             (h)  giving information in accordance with the provisions of this Part or of the regulations made under this Part or with a decision or order made under any of those provisions to a committee, a coordinator, a health and safety officer or another person having duties or functions under this Part, or under Part III as it relates to safety.

             (4)  Notwithstanding paragraph (3)(d), an action referred to in paragraph (1)(a) may be taken against an employee who has exercised rights under section 201.47 or 201.51 after all avenues of redress have been exhausted by the employee, where the operator, employer, provider of services or union taking the action can demonstrate that the employee has wilfully abused those rights.

             (5)  The operator, employer, provider of services or union shall provide the employee with written reasons for an action taken under subsection (4) within 15 days after the day on which a request is received from the employee to do so.

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Application by employee

201.57          (1) An employee may, either personally or through a representative, apply to the labour relations board for a decision as to whether

             (a)  an employer or provider of services has failed to pay wages or grant benefits to the employee that are required under subsection 201.16(2), 201.41(4), 201.42(7), 201.45(6), 201.48(2), 201.49(2) or (3), 201.50(1) or (2), 201.52(2) or (3), 201.53(6) or 201.55(2) or (5); or

             (b)  a person or organization has taken or threatened to take reprisal action against the employee contrary to subsection 201.56(2).

             (2)  The application shall be made within 90 days after the day on which the grounds for the application became known or ought to have become known to the employee.

             (3)  In a proceeding before the labour relations board in respect of an allegation that reprisal action referred to in paragraph (1)(b) has been taken or threatened, the burden of proving that no such reprisal action has been taken or threatened is on the person or organization against whom the allegation is made.

             (4)  The rules of practice and procedure that apply to applications for the determination of a matter made under the Labour Relations Act apply to applications made under subsection (1).

             (5)  The costs incurred by the labour relations board in respect of an application made under subsection (1), including the remuneration of its members, shall be paid by the board as defined in paragraph 2(b).

             (6)  The labour relations board and each of its members has the powers, privileges and immunities granted by the Labour Relations Act.

             (7)  An employee who is aggrieved by a subject matter described in paragraph (1)(a) or (b) may, where the employee is bound by a collective agreement that provides for final and binding arbitration of grievances in respect of the subject matter, present a grievance under the agreement.

             (8)  An employee who exercises his or her right within the time permitted under the collective agreement is not permitted to make an application under subsection (1) in respect of the same subject matter unless it is determined that the arbitrator does not have jurisdiction to hear the grievance.

             (9)  Where it is determined that the arbitrator does not have jurisdiction to hear the grievance the employee may, within 90 days after the day on which that determination is made, make an application under subsection (1).

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Notice of decision to dismiss

201.58          Where the labour relations board dismisses an application made under subsection 201.57(1) it shall immediately give notice of the decision to the

             (a)  applicant;

             (b)  chief safety officer;

             (c)  operator;

             (d)  employer;

             (e)  provider of services; and

             (f)  person or organization that is the subject of the application.

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Orders

201.59          (1) Where the labour relations board decides that an employer or a provider of services that is providing services related to the placement of an employee has failed to pay wages or grant benefits to the employee that are required under this Part, it may order the employer or provider of services, subject to terms and conditions that it considers appropriate,

             (a)  to pay those wages or grant those benefits; and

             (b)  to take other measures necessary to remedy the matter.

             (2)  Where the labour relations board decides that a person or organization has taken reprisal action contrary to subsection 201.56(2), it may, subject to terms and conditions that it considers appropriate, order

             (a)  the reinstatement of an employee by an employer on the same terms and conditions under which the employee was employed immediately before the reprisal action;

             (b)  the payment or the granting to an employee, by the person or organization, of any wages or benefits that the employee would have been entitled to but for the reprisal action;

             (c)  the removal of a reprimand or other references to the matter from the records of a person or organization;

             (d)  the reinstatement of an employee to a union where the employee has been expelled by the union; and

             (e)  the taking by the person or organization of another measure necessary to remedy the matter.

             (3)  Where the labour relations board decides that a person or organization has threatened to take reprisal action contrary to subsection 201.56(2), it shall order the person or organization not to take that action.

             (4)  The labour relations board shall, immediately after making an order under this section, give a copy of it to the chief safety officer.

             (5)  An order made under this section shall specify the provisions of this Part or of the regulations made under this Part that have not been complied with or the nature of any reprisal action taken or threatened to be taken contrary to subsection 201.56(2).

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Application by employer or provider of services

201.60          (1) An employer or a provider of services may apply in writing to the labour relations board for a determination as to whether

             (a)  an employee has received wages and benefits under subsection 201.49(3) knowing that no circumstances existed that would warrant the employee’s refusal, under section 201.47, to perform an activity; or

             (b)  an employee has received wages and benefits under subsection 201.52(3) knowing that no circumstances existed that would warrant the employee’s refusal, under section 201.51, to be transported.

             (2)  The application shall be made within 30 days after all avenues of redress have been exhausted by the employee.

             (3)  The burden of proving that no circumstances existed that would warrant the refusal by the employee is on the employer or the provider of services.

             (4)  The rules of practice and procedure that apply to applications for the determination of a matter made under the Labour Relations Act apply to applications made under subsection (1).

             (5)  The costs incurred by the labour relations board in respect of an application made under subsection (1), including the remuneration of its members, shall be paid by the board as defined in paragraph 2(b).

             (6)  The labour relations board and each of its members has the powers, privileges and immunities granted by the Labour Relations Act .

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Notice of decision to dismiss

201.61          Where the labour relations board dismisses an application made under subsection 201.60(1), it shall immediately give notice of the decision to the applicant, the chief safety officer, the operator and the employee who is the subject of the application.

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Notice of decision

201.62          Where the labour relations board determines that an employee has received wages and benefits under subsection 201.49(3) or 201.52(3) knowing that no circumstances existed that would warrant the refusal by the employee under section 201.47 to perform an activity, or the refusal by the employee under section 201.51 to be transported, it shall immediately give notice of the decision to the applicant, the chief safety officer and the operator, as well as to the employee who is the subject of the application.

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Activities of board

201.63          (1) The board 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;

             (c)  publish the results of the research or studies;

             (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)  For the purpose of paragraph (1)(f), medical monitoring or examination of an employee may be conducted only with the employee’s written consent.

             (3)  The board may carry out the activities described in paragraphs (1)(a), (e) and (f) in conjunction with a department or agency of the Government of Canada, the government of a province or a foreign government, or with another organization that carries out similar activities.

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Guidelines and interpretation notes

201.64          (1) The board may issue and publish, in a manner that the it considers appropriate, guidelines and interpretation notes with respect to the application and administration of this Part.

             (2)  The guidelines and interpretation notes are not subordinate legislation for the purpose of the Statutes and Subordinate Legislation Act.

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Application for an authorization

201.65          (1) Where the chief safety officer receives an application for authorization under subsection 134(3.1) 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 board on the matters considered.

             (2)  In deciding whether to issue or amend an authorization, the board shall take into account the recommendation of the chief safety officer.

             (3)  In addition to a requirement or approval determined by the board under Part III to which an authorization is subject, the authorization is also subject to requirements and approvals, not inconsistent with the provisions of this Act or the regulations, that the board determines relate to occupational health and safety.

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Substitutions-workplace

201.66          (1) The chief safety officer may, on application, permit the use at a workplace, for a specified time and subject to specified conditions, of specified equipment, methods, measures, standards or other things, instead of any required by regulations made under this Part, where he or she is satisfied that protection of the health and safety of employees at the workplace would not be diminished and the granting of the permission is not otherwise prohibited by regulation.

             (2)  The regulations are not considered to be contravened if there is compliance with a permission under subsection (1).

             (3)  The application shall

             (a)  be in a form acceptable to the chief safety officer;

             (b)  include information with respect to the consequences to health and safety that might reasonably be anticipated if the permission is granted; and

             (c)  be accompanied by technical information sufficient to enable the chief safety officer to make a decision on the application.

             (4)  On receipt of an application, the chief safety officer shall make the application available to the public in a manner that he or she considers advisable, together with a notice that submissions may be made to him or her for a period of 30 days, or a shorter period fixed by him or her with the agreement of the applicable workplace committee, after the day on which the application has been made available.

             (5)  Where the application is made in respect of an existing workplace, the applicant shall give a copy of the application to the operator and the operator shall, immediately after it receives or makes an application relating to an existing workplace

             (a)  post a copy of the application in printed form in a prominent place at the workplace; and

             (b)  provide a copy to a committee established for that workplace and to a union representing employees within the offshore area.

             (6)  The chief safety officer shall, as soon as possible after the end of the period referred to in subsection (4), inform, in a manner that he or she considers advisable, the applicant, the operator and the public of the decision made on the application.

             (7)  The chief safety officer may, on his or her own initiative or on application by the applicant for the permission under subsection (1), reconsider, confirm, vary, revoke or suspend a decision made on the application at any time when information is made available that, had it been known when the decision was made, would reasonably be expected to have resulted in a different decision from the one made at that time and in that case, subsections (1) to (6) apply with the necessary modifications.

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Substitutions-passenger craft

201.67          (1) The chief safety officer may, on application by the operator, permit the use on a passenger craft, or the use in respect of employees or other passengers being transported on a passenger craft, for a specified time and subject to specified conditions, of specified equipment, methods, measures, standards or other things, instead of any required by regulations made under this Part, where the granting of the permission is not otherwise prohibited by regulation made under this Part and where he or she is satisfied that protection of the health and safety of the employees or other passengers being transported would not be diminished.

             (2)  The regulations are not considered to be contravened where there is compliance with a permission under subsection (1).

             (3)  The application shall

             (a)  be in a form acceptable to the chief safety officer;

             (b)  include information with respect to the consequences to health and safety that might reasonably be anticipated if the permission is granted;

             (c)  be accompanied by technical information sufficient to enable the chief safety officer to make a decision on the application; and

             (d)  be accompanied by documentation issued by the Minister of Transport indicating that if the permission is granted, it would not contravene an Act or law that applies to the operation of a passenger craft.

             (4)  On receipt of the application, the chief safety officer shall make it available to the public in a manner that he or she considers advisable, together with a notice that submissions may be made to him or her for a period of 30 days, or a shorter period fixed by him or her with the agreement of each workplace committee established by the operator, after the day on which the application has been made available.

             (5)  The operator shall, immediately after it makes an application, post a copy of it in printed form in a prominent place at each of its workplaces, and provide a copy to a committee established for that workplace.

             (6)  The chief safety officer shall, as soon as possible after the end of the period referred to in subsection (4), inform, in a manner that he or she considers advisable, the operator and the public of the decision made on the application.

             (7)  The chief safety officer may, on his or her own initiative or on application by the operator for the permission under subsection (1), reconsider, confirm, vary, revoke or suspend a decision made on the application at any time when information is made available that, had it been known when the decision was made, would reasonably be expected to have resulted in a different decision from the one made at that time and in that case, subsections (1) to (6) apply with the necessary modifications.

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Occupational health and safety officers

201.68           (1) The board shall recommend an individual as an occupational health and safety officer for purpose of the administration and enforcement of this Part.

             (2)  Where the provincial minister is satisfied that the individual recommended by the board under subsection (1) is qualified to exercise the powers and carry out the duties and functions of an occupational health and safety officer under this Part, the provincial minister shall, within 30 days of receiving the recommendation from the board, designate that person as an occupational health and safety officer for the purpose of the administration and enforcement of this Part.

             (3)  The provincial minister shall without delay after making the designation notify the federal minister that the designation has been made.                       

             (4)  Where the provincial minister does not designate the person recommended by the board, the provincial minister shall without delay notify the board in writing.

             (5)  An individual designated as an occupational health and safety officer shall not carry out the duties and functions of an occupational health and safety officer until he or she is designated as an occupational health and safety officer by the federal minister under the federal Act.

             (6)  An individual designated as an occupational health and safety officer under this Act who is not an employee of the board is considered to be an officer for the purpose of section 16.

             (7)  The board shall provide an individual designated under this Act with a certificate of designation and, on entering any place under the authority of this Part the individual shall, if so requested, produce the certificate to the person in charge of the place.

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Special officers

201.69          (1) Where the provincial minister is satisfied that the circumstances described in paragraphs (a) and (b) exist, he or she may appoint an individual as a special officer in relation to a matter connected to the risk described in paragraph (a) for the purpose of the administration and enforcement of this Part in relation to the same matter

             (a)  there are reasonable grounds to believe that action by a special officer is required to avoid a serious risk to the health and safety of employees in the offshore area within the near future; and

             (b)  the risk cannot be avoided through the exercise of powers conferred under subsection 42(1.1) or section 201.115 or 201.116.

             (2)  The provincial minister may appoint an individual as a special officer only if he or she is satisfied that the individual is qualified to exercise the duties and functions of a special officer under this Part.

             (3)  The provincial minister shall without delay after making the appointment, notify the federal minister that the appointment has been made.

             (4)  An individual appointed as a special officer under this Act shall not carry out the duties and functions of a special officer until he or she is designated as a special officer by the federal minister under the federal Act.

             (5)  The individual appointed as a special officer under this Act shall be provided with a certificate of designation and, on entering any place under the authority of this Part, the individual shall, if so requested, produce the certificate to the person in charge of the place.

             (6)  An action does not lie against the board for anything done or omitted to be done by an individual appointed as a special officer under this Act while carrying out his or her duties or functions, or by a person in the course of assisting such an individual.

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Powers of occupational health and safety officers

201.70          (1) A health and safety officer may, for the purpose of verifying compliance with this Part, order an operator, employer, employee, supervisor, interest holder, owner, provider of services or supplier to

             (a)  do, in a place that is used for a work or activity for which an authorization has been issued, including a passenger craft or an aircraft or vessel that has been used or is intended to be used as a passenger craft, any of the following:

                      (i)  inspect anything,

                     (ii)  pose questions or conduct tests or monitoring, and

                    (iii)  take photographs or measurements or make recordings or drawings;

             (b)  accompany or assist the officer while the officer is in a place described in paragraph (a);

             (c)  produce a document or another thing that is in his or her possession or control, or to prepare and produce a document based on data or documents that are in his or her possession or control, in the form and manner that the officer may specify;

             (d)  provide, to the best of his or her knowledge, information relating to a matter to which this Part applies, or to prepare and produce a document based on that information, in the form and manner that the officer may specify;

             (e)  ensure that all or part of a place described in paragraph (a), or anything located in the place, that is under his or her control, not be disturbed for a reasonable period pending the exercise of any powers under this section; and

             (f)  remove anything from a place described in paragraph (a) and to provide it to the officer, in the manner specified by the officer, for examination, testing or copying.

             (2)  A health and safety officer may, for the purpose of verifying compliance with this Part, order a person in charge of a place, other than a person in charge of a place referred to in paragraph (1)(a), in which the officer has reasonable grounds to believe that there is anything to which this Part applies, to

             (a)  inspect anything in the place;

             (b)  pose questions, or conduct tests or monitoring, in the place;

             (c)  take photographs or measurements, or make recordings or drawings, in the place;

             (d)  accompany or assist the officer while the officer is in the place;

             (e)  produce a document or another thing that is in his or her possession or control, or to prepare and produce a document based on data or documents that are in his or her possession or control, in the form and manner that the officer may specify;

             (f)  provide, to the best of his or her knowledge, information relating to a matter to which this Part applies, or to prepare and produce a document based on that information, in the form and manner that the officer may specify;

             (g)  ensure that all or part of the place, or anything located in the place, that is under his or her control, not be disturbed for a reasonable period pending the exercise of powers under this section; and

             (h)  remove anything from the place and to provide it to the officer, in the manner specified by the officer, for examination, testing or copying.

             (3)  A health and safety officer may, for the purpose of verifying compliance with this Part and subject to section 201.72, enter a place that is used for a work or activity for which an authorization has been issued, including a passenger craft or an aircraft or vessel that has been used or is intended to be used as a passenger craft, or a place in which the officer has reasonable grounds to believe that there is anything to which this Part applies, and may for that purpose

             (a)  inspect anything in the place;

             (b)  pose questions, or conduct tests or monitoring, in the place;

             (c)  take samples from the place, or cause them to be taken, for examination or testing, and dispose of those samples;

             (d)  remove anything from the place, or cause it to be removed, for examination, testing or copying;

             (e)  while at the place, take or cause to be taken photographs or measurements, make or cause to be made recordings or drawings or use systems in the place that capture images or cause them to be used;

             (f)  use a computer system in the place, or cause it to be used, to examine data contained in or available to it;

             (g)  prepare a document, or cause one to be prepared, based on data contained in or available to the computer system;

             (h)  use copying equipment in the place, or cause it to be used, to make copies;

              (i)  be accompanied while in the place by an individual, or be assisted while in the place by a person, that the officer considers necessary; and

              (j)  meet in private with an individual in the place, with the agreement of that individual.

             (4)  A health and safety officer who has entered a place under subsection (3) may order an individual in the place to do anything described in paragraphs (1)(a) to (f) or (2)(a) to (h).

             (5)  Anything removed under paragraph (1)(f), (2)(h) or (3)(d) for examination, testing or copying shall, where requested by the person from whom it was removed, be returned to that person after the examination, testing or copying is completed, unless it is required for the purpose of a prosecution under this Part.

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Reports of health and safety officers

201.71          (1) A health and safety officer shall provide to an operator written reports respecting anything inspected, tested or monitored at any of its workplaces by, or on the order of, the officer for the purpose of verifying compliance with this Part.

             (2)  A health and safety officer shall provide to each employer at a workplace written reports respecting anything inspected, tested or monitored in the workplace by, or on the order of, the officer for the purpose of verifying compliance with this Part that relate to the health and safety of the employer’s employees.

             (3)  Where a report contains a trade secret, the health and safety officer may edit the report to protect the trade secret.

             (4)  Where a report contains information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, the health and safety officer shall edit the report to protect that information before providing it to an operator or employer, unless the individual to whom the information relates consents in writing to the disclosure of the information to the operator or employer.

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Entering living quarters

201.72          (1) Where the place referred to in subsection 201.70(3) is living quarters, a health and safety officer is not authorized to enter those quarters without the consent of the occupant except

             (a)  to execute a warrant issued under subsection (4);

             (b)  to verify that lifesaving equipment that is prescribed is readily available and in good condition; or

             (c)  to verify that those quarters, where on a marine installation or structure, are in a structurally sound condition sufficient to ensure the health and safety of employees.

             (2)  The officer shall provide reasonable notice to the occupant before entering living quarters under paragraph (1)(b) or (c).

             (3)  Notwithstanding paragraphs (1)(b) and (c), a locker in the living quarters that is fitted with a locking device and that is assigned to the occupant shall not be opened by the officer without the occupant’s consent except under the authority of a warrant issued under subsection (4).

             (4)  On an application without notice to the occupant or owner of living quarters, a Provincial Court judge may issue a warrant authorizing a health and safety officer who is named in it to enter living quarters subject to conditions specified in the warrant where the judge is satisfied by information on oath that

             (a)  the living quarters are a place referred to in subsection 201.70(3);

             (b)  entry to the living quarters is necessary to verify compliance with this Part; and

             (c)  entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

             (5)  A warrant issued under subsection (4) may also authorize a locker described in subsection (3) to be opened, subject to any conditions specified in the warrant, where the justice is satisfied by information on oath that

             (a)  it is necessary to open the locker to verify compliance with this Part; and

             (b)  the occupant to whom it is assigned refused to allow it to be opened or there are reasonable grounds to believe that the occupant to whom it is assigned will refuse to allow it to be opened or consent to opening it cannot be obtained from the occupant.

             (6)  The health and safety officer who executes a warrant issued under subsection (4) shall not use force unless the use of force has been specifically authorized in the warrant.

             (7)  A warrant may be issued under this section by telephone or other means of telecommunication on information submitted by a health and safety officer by one of those means, and section 487.1 of the Criminal Code applies for that purpose, with any modifications that the circumstances require.

             (8)  In this section, "living quarters" means sleeping quarters provided for the accommodation of employees on a marine installation or structure or a passenger craft, and a room for the exclusive use of the occupants of those quarters that contains a toilet or a urinal.

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Assistance to officers

201.73          (1) Employers, employees and supervisors at, the operator for,  owners of, suppliers or providers of services to, as well as the person in charge of, a place entered by a health and safety officer under subsection 201.070(3), and the interest holders having an interest, or a share of an interest, in any portion of the offshore area in which the place is located, shall give all assistance that is reasonably required to enable the officer to verify compliance with this Part and shall provide documents, data or information that is reasonably required for that purpose.

             (2)  Where the place referred to in subsection 201.70(3) is a workplace, the operator shall provide to the health and safety officer, and to an individual accompanying that officer, free of charge,

             (a)  suitable transportation between the operator’s usual point of embarkation on shore and the workplace, between the workplace and the operator’s usual point of disembarkation on shore, and between workplaces; and

             (b)  suitable accommodation and food at the workplace.

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False statements of information

201.74          A person shall not make a false or misleading statement or provide false or misleading information, in connection with a matter under this Part, to a health and safety officer who is carrying out duties or functions under this Part or to the chief safety officer when he or she is conducting a review under section 201.96.

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Obstruction

201.75          A person shall not obstruct or hinder a health and safety officer who is carrying out duties or functions under this Part or the chief safety officer when he or she is conducting a review under section 201.96.

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Accompaniment of health and safety officer

201.76          (1) A health and safety officer who is inspecting, testing or monitoring anything in a workplace under subsection 201.70(3) shall give to an employer representative at the workplace, and to a member of the workplace committee who represents employees, an opportunity to accompany the officer when the officer is carrying out those activities.

             (2)  Where an employee representative from the workplace committee is not available, the officer may select one or more other employees to accompany him or her.

             (3)  The officer may carry out the activities without being accompanied by an employer or employee representative where either or both of them are unavailable and the officer considers that it is necessary to proceed immediately with those activities.

             (4)  Where the officer is not accompanied by an employee representative, the officer shall endeavour to consult with a number of employees when carrying out the activities.

             (5)  An individual who is accompanying or being consulted by an officer under this section shall be paid the same wages and granted the same benefits that the individual would have received had he or she been working.

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Warrants

201.77          (1) On an application without notice to the occupant or owner of a place, a Provincial Court judge may issue a warrant where the judge is satisfied by information on oath that there are reasonable grounds to believe that there is in a place anything that will provide evidence or information relating to the commission of an offence under this Part.

             (2)  The warrant may authorize a health and safety officer, and another individual named in the warrant, to at any time enter and search the place and to seize anything specified in the warrant, or do any of the following as specified in it, subject to conditions that may be specified in it:

             (a)  conduct examinations, tests or monitoring;

             (b)  take samples for examination or testing, and dispose of those samples; or

             (c)  take photographs or measurements, make recordings or drawings, or use systems in the place that capture images.

             (3)  A health and safety officer may exercise the powers described in this section without a warrant where the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be feasible to obtain one.

             (4)  Exigent circumstances include circumstances in which the delay necessary to obtain a warrant under this section would result in danger to human life or the loss or destruction of evidence.

             (5)  An individual authorized under this section to search a computer system in a place may

             (a)  use or cause to be used a computer system at the place to search data contained in or available to the computer system;

             (b)  reproduce or cause to be reproduced data in the form of a printout or other intelligible output;

             (c)  seize a printout or other output for examination or copying; and

             (d)  use or cause to be used copying equipment at the place to make copies of the data.

             (6)  A person who is in charge of a place in respect of which a search is carried out under this section shall, on presentation of the warrant, permit the individual carrying out the search to do anything described in subsection (5).

             (7)  An operator shall provide, free of charge, to an individual who is executing a warrant under this section at any of its workplaces

             (a)  suitable return transportation between the workplace and a location from which transportation services to that workplace are usually provided, and between workplaces; and

             (b)  suitable accommodation and food at the workplace.

             (8)  A warrant may be issued under this section by telephone or other means of telecommunication on information submitted by a health and safety officer by one of those means, and section 487.1 of the Criminal Code applies for that purpose, with any modifications that the circumstances require.

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Storage and removal

201.78          (1) A thing seized under this Part may be stored in the place where it was seized or may, at the discretion of a health and safety officer, be removed to another place for storage and the owner of the thing or the person who is lawfully entitled to possess it shall pay the costs of storage or removal.

             (2)  Where the thing seized is perishable, a health and safety officer may destroy the thing, or otherwise dispose of it in a manner the officer considers appropriate and the proceeds realized from its disposition shall be paid to the Receiver General of Canada .

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Non-disturbance of scene

201.79          (1) In the case of an incident at a workplace, or involving a passenger craft, that results in serious injury or death, a person shall not, unless authorized to do so by a health and safety officer, disturb anything related to the incident except to the extent necessary to

             (a)  attend to individuals who are injured or killed;

             (b)  prevent further injuries; or

             (c)  prevent damage to or loss of property.

             (2)  Where an individual is killed or seriously injured by an incident involving a passenger craft, an individual who is investigating the incident under the Aeronautics Act (Canada ) , the Canada Shipping Act, 2001 or the Canadian Transportation Accident Investigation and Safety Board Act is not required to obtain an authorization under subsection (1).

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Provision of information

201.80          A person shall not prevent an employee from providing to a health and safety officer or to the board, or to a person or committee having duties or functions under this Part, information that they may require to carry out their duties or functions.

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Information not to be disclosed

201.81          Subject to sections 201.84 to 201.86, a person shall not, except for the purpose of this Part, for the purpose of a prosecution under this Part, for the purpose of Part III as it relates to safety or for the purpose of a prosecution under Part III that relates to safety, disclose the results of

             (a)  activities carried out by or on the order of a health and safety officer for the purpose of verifying compliance with this Part; or

             (b)  activities carried out under a warrant issued under this Part.

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Non-disclosure of identity

201.82          An individual to whom information obtained under this Part is communicated in confidence shall not disclose the identity of the individual who provided it except for the purpose of this Part, and an individual who obtains that information in confidence is not competent or compellable to disclose the identity of the individual who provided it before a court or other tribunal except by order of the court or tribunal on terms and conditions that the court or tribunal considers just.

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Non-disclosure of trade secrets and information on hazardous products and material

201.83           (1) Trade secrets that become known to a health and safety officer who enters a place under subsection 201.70(3), or to an individual accompanying or a person assisting the officer, are privileged and shall not be disclosed except for the purpose of this Part, or for the purpose of Part III as it relates to safety.

             (2)  Information that is obtained by a health and safety officer who enters a place under subsection 201.70(3), or by an individual accompanying or a person assisting the officer, and that is exempt from disclosure under the Hazardous Material Information Review Act (Canada) is privileged and, notwithstanding the Access to Information and the Protection of Privacy Act, 2015 or another Act or law, shall not be disclosed to another person except for the purpose of this Part, or for the purpose of Part III as it relates to safety.

             (3)  Information disclosed under subsection (1) or (2) shall not be further disclosed by the recipient except for the purpose for which it was disclosed to him or her.

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Disclosure of information

201.84          (1) Notwithstanding section 115, the chief safety officer may disclose information, other than information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, an individual’s identity the disclosure of which is restricted under section 201.82 or information the disclosure of which is restricted under section 201.83, related to occupational health and safety that he or she obtains in his or her capacity as chief safety officer to officials of the federal government, a provincial government or a foreign government, or of an agency of any of those governments, for the purpose of a federal or provincial law or activity or a foreign law, where the officer is satisfied that disclosure is in the interest of health and safety and the information is disclosed subject to any conditions agreed upon by the officer and the government or agency.

             (2)  Officials of the provincial government or of an agency of the provincial government may for the purpose of this Part disclose information related to occupational health and safety, other than information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, to the chief safety officer, where they are satisfied that disclosure is in the interest of health and safety and it is disclosed subject to any conditions agreed upon by the provincial government or agency and the officer.

             (3)  Information disclosed under subsection (1) or (2) shall not be further disclosed by the recipient without the consent in writing of the person who disclosed it to him or her, unless it is disclosed for the same purpose and subject to the conditions referred to in that subsection.

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Access to information by governments

201.85          (1) Notwithstanding sections 201.82 and 201.83, the federal minister and the provincial minister are entitled to access any recorded information, other than information relating to the medical history of an identifiable individual or information the disclosure of which is restricted under subsection 201.83(2), where the record is under the control of the board and the information relates to this Part, and that information shall, on the request of either minister, be disclosed to that minister without requiring the consent in writing of the person to whom the information relates.

             (2)  Information disclosed to either minister under subsection (1) shall not be further disclosed by that minister without the consent in writing of the person to whom it relates except for the purpose of this Part or for the purpose of Part III as it relates to safety.

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Disclosure by board

201.86          Notwithstanding section 115, the board 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;

             (c)  an individual’s identity the disclosure of which is restricted under section 201.82; or

             (d)  information the disclosure of which is restricted under section 201.83

  where the board is satisfied that the public interest in making the disclosure clearly outweighs potential harm resulting from the disclosure.

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Privilege

201.87          (1) A health and safety officer and an individual who has accompanied or person who has assisted the officer in carrying out the officer’s duties or functions may not be required to give testimony in civil or administrative proceedings, other than proceedings under this Part, relating to information obtained in the exercise of the officer’s powers or in the carrying out of the officer’s duties or functions or in accompanying or assisting the officer, except with the written permission of the board.

             (2)  Where a person to whom subsection (1) applies is required to give testimony in civil or administrative proceedings for which he or she has the written permission referred to in that subsection, section 201.81 does not apply to restrict the disclosure of the results described in that section.

             (3)  A person shall not be required to produce or give evidence in a civil or administrative proceeding relating to information disclosed to him or her under subsection 201.84(1) or (2) or 201.85(1).

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Protection from liability

201.88          An action does not lie against

             (a)  a health and safety officer for anything done or omitted to be done by him or her in good faith while carrying out his or her duties or functions under this Part; or

             (b)  an individual accompanying or a person assisting a health and safety officer for anything done or omitted to be done by him or her in good faith while carrying out his or her duties or functions under this Part.

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Order to terminate contravention

201.89          A health and safety officer who is of the opinion that a provision of this Part or of the regulations made under this Part is being contravened or has recently been contravened by a person may order the person to

             (a)  terminate the contravention within the time that the officer specifies; and

             (b)  take measures specified by the officer, within the period that he or she specifies, to ensure that the contravention does not continue or reoccur.

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Dangerous situation order

201.90          (1) Where a health and safety officer is of the opinion that the performance of an activity, including the use or operation of any thing or the conditions under which an activity is performed, constitutes a danger to an employee or other individual at a workplace or a passenger on a passenger craft, the officer shall order a person to take measures, immediately or within the period that the officer specifies

             (a)  to correct the hazard or condition, or to alter the activity, that constitutes the danger; or

             (b)  to protect an individual from the danger.

             (2)  Where a health and safety officer is of the opinion that the measures cannot be taken immediately, the officer may order a person not to use a place, operate a thing or perform an activity to which an order under subsection (1) relates until there is compliance with that order.

             (3)  Nothing in subsection (2) prevents the doing of anything necessary to comply with the order under subsection (1).

             (4)  Where a health and safety officer makes an order under subsection (2), the officer shall post or affix or cause to be posted or affixed to or near the place or thing to which the order relates, or in the area in which the activity to which the order relates is performed, a notice in the form, and containing the information, that the officer may specify, and a person shall not remove the notice unless he or she is authorized by a health and safety officer to do so.

             (5)  Where a health and safety officer makes an order under subsection (2), the person to whom the order is directed shall cause the use or operation of the place or thing or the performance of the activity to be discontinued, and an individual shall not use or operate the place or thing or perform the activity until the order under subsection (1) is complied with.

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Copy of order

201.91          (1) A health and safety officer shall give a copy of an order he or she makes under section 201.89 or subsection 201.90(1) or (2) to the person to whom it is directed and to the operator to whom the order relates.

             (2)  Where a special officer makes an order under section 201.89 or subsection 201.90(1) or (2), he or she shall give a copy of it to the person to whom it is directed, the operator to whom the order relates and the chief safety officer.

             (3)  Where an occupational health and safety officer makes an order under section 201.89 or subsection 201.90(1) or (2) as a result of being notified under subsection 201.46(4), 201.47(6) or 201.51(6), or decides after being so notified not to make an order, the officer shall, as soon as possible, give a copy of the order, or written notice of the decision, to the employee who made the report under subsection 201.46(1) or who exercised his or her rights under section 201.47 or 201.51.

             (4)  Where an order is made orally under section 201.89 or subsection 210.90(1) or (2), it shall be confirmed in writing and a copy given, as soon as possible, to the persons who, under subsections (1), (2) and (3), are required to be given a copy.

             (5)  A health and safety officer may make an order under section 201.89 or subsection 201.90(1) or (2) even where the officer is not physically present in the place to which the order refers.

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Compliance notice

201.92          The person to whom an order under section 201.89 or subsection 201.90(1) or (2) is directed shall, within the period specified in the order, submit to the health and safety officer a notice of compliance describing the extent to which he or she has complied with the order, unless the officer decides that the notice is not necessary because compliance with the order has been achieved.

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Priority of order

201.93          (1) An order made by a special officer prevails over an order made by an occupational health and safety officer, the chief safety officer, an operational safety officer, a conservation officer or the chief conservation officer to the extent of any inconsistency between the orders.

             (2)  An order or a decision made by an occupational health and safety officer prevails over an order or a decision made by an operational safety officer, a conservation officer or the chief conservation officer, to the extent of any inconsistency between the orders or decisions.

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Posting and providing of certain documents

201.94          (1) An operator or employer shall, as soon as practicable after filing or receiving any of the following documents, post a copy of it in a prominent location at the workplace to which it relates and provide a copy of it to the workplace committee or the coordinator:

             (a)  an order made under section 201.89 or subsection 201.90(1) or (2);

             (b)  a notice of compliance referred to in section 201.92;

             (c)  an application for a review made under subsection 201.95(1) or a decision made under subsection 201.96(1); or

             (d)  an application for a determination made under subsection 201.97(2) or a decision or order made under subsection 201.97(6).

             (2)  Notwithstanding subsection (1), where a document required to be posted under subsection (1) contains a trade secret, the operator or employer may, before posting it, edit it to protect that trade secret and where the document is edited, the operator or employer shall obtain the written approval of a health and safety officer for the document as edited before posting it.

             (3)  Notwithstanding subsection (1), where a document required to be posted under subsection (1) contains information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, the operator or employer shall, unless the individual to whom the information relates consents in writing to the information being posted, before posting it, edit it to protect that information, and obtain the written approval of a health and safety officer for the document as edited.

             (4)  An obligation imposed on an operator or employer under subsection (1) is satisfied where the operator or employer

             (a)  ensures that the document is posted for the time necessary, which is at least 30 days or a longer period that is prescribed, to enable employees at the workplace to inform themselves of the content; or

             (b)  provides a copy of the document to each employee at the workplace.

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Review of occupational health and safety officer's decision

201.95          (1) A person who is, or a union representing employees who are, directly affected by a decision of an occupational health and safety officer under subsection 201.47(10) or 201.51(11), or by an order of an occupational health and safety officer under section 201.89 or subsection 201.90(1) or (2), may apply for a review of the decision or order by the chief safety officer.

             (2)  Notwithstanding subsection (1), where the chief safety officer, acting as an occupational health and safety officer, makes a decision under subsection 201.47(10) or 201.51(11) or an order under section 201.89 or subsection 201.90(1) or (2), he or she is not permitted to review those decisions or orders.

             (3)  An application for a review shall be made in writing to the chief safety officer within 45 days after the date of the decision or order that is the subject of the review being made in writing or, where the decision or order is made orally, of it being confirmed in writing.

             (4)  Unless otherwise ordered by the chief safety officer, an application for review of a decision or an order does not operate as a stay of the decision or order.

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Review by chief safety officer

201.96          (1) On receiving an application for a review, the chief safety officer shall, in a summary way and without delay, inquire into the circumstances of the decision or order and may confirm, vary or revoke the decision or order.

             (2)  Where the chief safety officer makes an inquiry under subsection (1), he or she may consider new information including information provided by the applicant.

             (3)  The chief safety officer is not prevented from conducting a review by reason only that he or she, in the course of carrying out his or her duties and functions under this Part, receives information regarding the matter under review or communicates with a person concerning that matter.

             (4)  The chief safety officer shall provide his or her decision in writing, with reasons, to the applicant, to the operator affected by it and to a person who made representations in relation to the matter under review.

             (5)  A decision of the chief safety officer made under this section that is not appealed is final and binding and not subject to review.

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Appeal to labour relations board

201.97   (1) A person who is, or a union representing employees who are, directly affected by any of the following decisions or orders may appeal the decision or order to the labour relations board:

             (a)  an order of a special officer under section 201.89 or subsection 201.90(1) or (2);

             (b)  an order of the chief safety officer referred to in subsection 201.43(1) or (2) or 201.95(2); or

             (c)  a decision of the chief safety officer under subsection 201.96(1).

             (2)  An appeal shall be made by filing an application for a determination of the matter under the Labour Relations Act within 45 days after the date of the decision or order that is the subject of the appeal.

             (3)  Unless otherwise ordered by the labour relations board, an appeal of a decision or order does not operate as a stay of the decision or order.

             (4)  The chief safety officer may make representations to the labour relations board in respect of the decision or order being appealed and that board may impose conditions on the representations that it considers appropriate.

             (5)  The rules of practice and procedure that apply to applications for the determination of a matter made under the Labour Relations Act apply to appeals made under subsection (1).

             (6)  The labour relations board may revoke, or make an order confirming or varying, the decision or order being appealed, and may make an order that a health and safety officer has the power or duty to make under subsection 201.90(1) or (2) where it is related to the subject matter of the decision or order being appealed and the labour relations board is satisfied that the danger still exists.

             (7)  The costs incurred by the labour relations board in respect of an appeal made under subsection (1), including the remuneration of its members, shall be paid by the board as defined in paragraph 2(b).

             (8)  Where the labour relations board makes a decision or order referred to in subsection (6), and an employer is required to receive a copy of the decision or order under the Labour Relations Act , the operator and chief safety officer shall receive a copy of it as well.

             (9)  The labour relations board and each of its members has the powers, privileges and immunities granted by the Labour Relations Act.

          (10)  Where the labour relations board makes an order that a health and safety officer has the power or duty to make under subsection 201.90(2) in respect of a place, thing or activity, the person to whom the order is directed shall cause the use or operation of the place or thing or the performance of the activity to be discontinued, and an individual shall not use or operate the place or thing or perform the activity until the measures ordered by that board have been taken.

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Compensation of employees

201.98   Time spent by an employee attending proceedings under section 201.97 as a party, or as a witness as a result of a summons, is considered to be work time for which the employee shall be paid the same wages and granted the same benefits that the employee would have received had he or she worked for that time.

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Enforcement of orders

201.99   (1) An order made under any of subsections 201.59(1) to (3) or 201.97(6) may, for the purpose of its enforcement, be made an order of the Supreme Court of Newfoundland and Labrador, Trial Division and shall be enforced in the same manner as an order of that court.

             (2)  To make the order an order of the court, the rules of practice and procedure established under the Labour Relations Act for making an order an order of that court may be followed.

             (3)  After an order has been made an order of the court, a subsequent order rescinding or replacing the first order has the effect of cancelling the order of the court, and that subsequent order may be made an order of that court in the same manner.

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Offences

201.100 (1) A person is guilty of an offence who

             (a)  contravenes a provision of this Part or of the regulations made under this Part;

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

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

             (d)  fails to comply with an order of a health and safety officer;

             (e)  fails to comply with a requirement of the chief safety officer under section 201.13 or 201.18;

             (f)  fails to comply with a decision of the chief safety officer under section 201.96; or

             (g)  fails to comply with an order of the labour relations board under subsection 201.97(6).

             (2)  A 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 one 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.

             (3)  Notwithstanding paragraph (1)(a), a person who contravenes paragraph 201.10(l) or (m), 201.16(1)(k), 201.32(b) or 201.33(1)(b) is not guilty of an offence unless compliance with that paragraph is necessary to protect occupational health and safety.

             (4)  An individual shall not be excused from recording in accordance with section 201.10 or 201.16 instances of non-compliance and any corrective action taken on the grounds that information given by him or her may tend to incriminate him or her, or subject him or her to a proceeding or penalty, but the information, or evidence derived from it, may not be used or received to incriminate that individual in a criminal proceeding initiated against him or her, other than a prosecution under section 132, 136 or 137 of the Criminal Code .

             (5)  A person shall not be found guilty of an offence under subsection (1) where he or she establishes that he or she exercised due diligence to prevent the commission of the offence.

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Offence by corporation

201.101 (1) Where a corporation commits an offence under this Part, any of the following individuals who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted:

             (a)  an officer, director or agent of the corporation; and

             (b)  another individual exercising managerial or supervisory functions in the corporation.

             (2)  In a prosecution for an offence under this Part, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence.

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Imprisonment precluded in certain cases

201.102 Where an individual is convicted of an offence under this Part on proceedings by way of summary conviction, imprisonment may not be imposed in default of payment of a fine imposed as punishment.

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Orders of court

201.103 (1) Where a person is convicted of an offence under this Part, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, in addition to another punishment that may be imposed under this Part, make an order that has any or all of the following effects:

             (a)  prohibiting the offender from committing an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

             (b)  directing the offender to take measures that the court considers appropriate to avoid harm to health or safety that may result from the act or omission that constituted the offence, or to remedy harm to health or safety resulting from it;

             (c)  directing the offender, at the offender’s own expense, to publish, in a manner that the court directs, the facts relating to the offence;

             (d)  directing the offender to submit to the chief safety officer, on application by that officer within 3 years after the conviction, information with respect to the offender’s activities that the court considers appropriate in the circumstances;

             (e)  directing the offender to pay to the board an amount of money that the court considers appropriate for the purpose of conducting research, education and training in occupational health and safety matters;

             (f)  directing the offender to perform community service, subject to reasonable conditions that may be imposed by the court;

             (g)  directing the offender to post a bond or pay an amount of money into court that the court considers appropriate to ensure that the offender complies with a prohibition, direction, requirement or condition that is specified in the order; and

             (h)  requiring the offender to comply with conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing another offence under this Part.

             (2)  An order made under subsection (1) comes into force on the day on which the order is made or on another day that the court may determine, but shall not continue in force for more than 3 years after that day.

             (3)  Where an offender does not comply with an order under paragraph (1)(c) requiring the publication of facts relating to the offence, the chief safety officer may publish the facts and recover the costs of publication from the offender.

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Variation of order

201.104 (1) Where a court has made an order under subsection 201.103(1), the court may, on application by the offender or the chief safety officer, require the offender to appear before it and, after hearing the offender and the chief safety officer, vary the order in one or more of the following ways that the court considers appropriate because of a change in the circumstances of the offender since the order was made:

             (a)  by making changes to a prohibition, direction, requirement or condition that is specified in the order or by extending the time during which the order is to remain in force for a period, not exceeding one year, that the court considers appropriate; or

             (b)  by decreasing the time during which the order is to remain in force or by relieving the offender, either absolutely or partially or for a period that the court considers appropriate, of compliance with a condition that is specified in the order.

             (2)  Notwithstanding subsection (1), before making an order under subsection (1), the court may direct that notice be given to other persons that the court considers to be interested and may hear any of those persons.

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Subsequent applications with leave

201.105 Where a n application made under subsection 201.104(1) in relation to an offender has been heard by a court, another application may not be made under that section in relation to the offender except with leave of the court.

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Recovery of fines and amounts

201.106 Where a person is convicted of an offence under this Part and a fine that is imposed is not paid when required or where a court orders an offender to pay an amount under subsection 201.103(1) or 201.104(1), the prosecutor may, by filing the conviction or order, enter as a judgment the amount of the fine or the amount ordered to be paid, and costs, if any, in the Supreme Court of Newfoundland and Labrador, Trial Division and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against that person in that court in civil proceedings.

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Order to comply

201.107 Where a person is guilty of an offence under this Part, a court may, in addition to another penalty it may impose, order that person to comply with the provisions of this Part or the regulation or order for the contravention of which that person has been convicted.

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Continuing offences

201.108 Where an offence under this Part is committed on more than one day or is continued for more than one day, it constitutes a separate offence for each day on which it is committed or continued.

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Limitation period

201.109 Proceedings by way of summary conviction for an offence under this Part may be instituted within 3 years from the day on which the subject matter of the proceedings arose, unless the prosecutor and the defendant otherwise agree.

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Evidence

201.110 In a prosecution for an offence under this Part, a copy of an order or other document purporting to have been made under this Part, and purporting to have been signed, in the case of an order or other document purporting to have been made by the labour relations board, by the chief executive officer or a member of that board and, in any other case, by the individual authorized under this Part to make that order or document, is, in the absence of evidence to the contrary, proof of the matters set out in it.

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Jurisdiction of  judge

201.111 A complaint or information relating to an offence under this Part may be heard, tried or determined by a provincial court judge where the accused is resident or carrying on business within the territorial jurisdiction of that judge although the matter of the complaint or information did not arise in that territorial jurisdiction.

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Action to enjoin not prejudiced by prosecution

201.112 (1) Even though a prosecution has been instituted for an offence under this Part, the board may commence and maintain an action to enjoin the committing of a contravention of a provision of this Part or of the regulations made under this Part.

             (2)  A civil remedy for an act or omission is not suspended or affected by reason that the act or omission is an offence under this Part.

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Information

201.113 In a proceeding for an offence under this Part

             (a)  an information may include more than one offence committed by the same person;

             (b)  all those offences may be tried concurrently; and

             (c)  one conviction for any or all offences so included may be made.

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Advisory council

201.114 (1) An advisory council shall be established and shall be composed of

             (a)