Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act

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, to provide for the joint management of offshore renewable energy by those Governments and to make related and consequential amendments Preamble 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 any regulation made thereunder without the consent of both Governments: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title This Act may be cited as the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act. Definitions In this Act, abandoned facility means any pipeline, as defined in section 135, installation, facility, equipment or system that has been abandoned in accordance with an authorization issued under Part III; (installation abandonnée) 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management and revenue sharing dated February 11, 1985, and includes any amendments thereto; (Accord atlantique) Board[Repealed, 2024, c. 20, s. 3] Canada–Newfoundland and Labrador benefits plan means a plan submitted under subsection 45(2); (plan de retombées économiques) Canada-Newfoundland benefits plan[Repealed, 2014, c. 13, s. 4] Chief Executive Officer means the Chief Executive Officer of the Regulator appointed pursuant to section 24; (premier dirigeant) development plan means a plan submitted pursuant to subsection 139(2) for the purpose of obtaining approval of the general approach of developing a pool or field as proposed in the plan; (plan de mise en valeur) Federal Government means the Governor in Council; (gouvernement fédéral) Federal Minister means the Minister of Natural Resources; (ministre fédéral) field means a general surface area underlain or appearing to be underlain by one or more pools, and includes the subsurface regions vertically beneath the general surface area referred to in paragraph (a); (champ) former regulations means the Canada Oil and Gas Land Regulations made pursuant to the Public Lands Grants Act and the Territorial Lands Act and includes orders made pursuant to those Regulations; (anciens règlements) fundamental decision means a decision made by the Regulator respecting the exercise of a power or the performance of a duty pursuant to a provision of this Act that expressly provides for the exercise of the power or the performance of the duty subject to sections 31 to 40; (décision majeure) gas means natural gas and includes all substances, other than oil, that are produced in association with natural gas; (gaz) government means the Federal Government, the Provincial Government or both, as the context requires; (Version anglaise seulement) Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982; (peuples autochtones du Canada) Minister means the Federal Minister, the Provincial Minister or both, as the context requires; (Version anglaise seulement) offshore area means in the case of petroleum, those submarine areas lying seaward of the low water mark of the Province and extending, at any location, as far as any prescribed line, or if no line is prescribed at that location, the outer edge of the continental margin or 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, and in the case of offshore renewable energy, the areas referred to in paragraph (a) that are not within the Province; (zone extracôtière ou zone) offshore renewable energy project means any of the following works and activities: any research or assessment conducted in relation to the exploitation or potential exploitation of a renewable resource to produce an energy product, unless it is conducted by or on behalf of a government or educational institution, any exploitation of a renewable resource to produce an energy product, any storage of an energy product produced from a renewable resource, and any transmission of an energy product produced from a renewable resource; (projet d’énergie renouvelable extracôtière) offshore renewable energy recommendation means a recommendation made by the Regulator respecting the exercise of a power or the performance of a duty under a provision of this Act that expressly provides for the exercise of the power or the performance of the duty subject to sections 40.1 to 40.3; (recommandation relative à l’énergie renouvelable extracôtière) oil means crude oil regardless of gravity produced at a well head in liquid form, and any other hydrocarbons, except coal and gas, and, without limiting the generality of the foregoing, hydrocarbons that may be extracted or recovered from deposits of oil sand, bitumen, bituminous sand, oil shale or from any other types of deposits on the seabed or subsoil thereof of the offshore area; (pétrole) petroleum means oil or gas; (hydrocarbures) pool means a natural underground reservoir containing or appearing to contain an accumulation of petroleum that is separated or appears to be separated from any other such accumulation; (gisement) prescribed means prescribed by regulations made by the Governor in Council; (Version anglaise seulement) Province means the province of Newfoundland and Labrador; (province) Provincial Act means the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, R.S.N.L. 1990, c. C-2, as amended from time to time; (loi provinciale) Provincial Government means the lieutenant governor in council of the Province; (gouvernement provincial) Provincial Minister means, other than for the purposes of Part III.1, the Minister of the Crown in right of the Province designated by the Provincial Government as the provincial minister for the purposes of this Act; (ministre provincial) Regulator means the Canada–Newfoundland and Labrador Offshore Energy Regulator referred to in section 9; (Régie) spill-treating agent, except in section 161.5, means a spill-treating agent that is on the list established under section 14.2 of the Canada Oil and Gas Operations Act. (agent de traitement) Offshore renewable energy project Subject to section 7, the Governor in Council may make regulations amending the definition offshore renewable energy project, as defined in section 2, to add or remove any work or activity related to renewable energy that is carried out in the offshore area. Construction For greater certainty, the provisions of this Act shall not be interpreted as providing a basis for any claim by or on behalf of any province in respect of any interest in or legislative jurisdiction over any offshore area or any living or non-living resources of any offshore area. Precedence over other Acts of Parliament In case of any inconsistency or conflict between this Act or any regulations made thereunder, and any other Act of Parliament that applies to the offshore area or any regulations made under that Act, except the Labrador Inuit Land Claims Agreement Act, this Act and the regulations made thereunder take precedence. Regulations Subject to section 7, the Governor in Council may make regulations prescribing lines enclosing areas adjacent to the Province for the purpose of subparagraph (a)(i) of the definition offshore area in section 2; and amending paragraph (b) of that definition. Issue of charts The Federal Minister may cause charts to be issued setting out the offshore area or any portion thereof as may be set out consistent with the nature and scale of the chart. Evidence In any legal or other proceedings, a chart purporting to be issued by or under the authority of the Federal Minister is conclusive proof of the limits of the offshore area or portion thereof set out in the chart without proof of the signature or official character of the person purporting to have issued the chart. In this section, agreement means an agreement between the Government of Canada and the government of a province respecting resource management and revenue sharing in relation to activities respecting the exploration for or the production of petroleum, or respecting offshore renewable energy projects, carried out on any frontier lands; (accord) frontier lands means lands that belong to Her Majesty in right of Canada, or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources and that are situated in Yukon, the Northwest Territories, Nunavut or Sable Island, or 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. (terres domaniales) Disputes between neighbouring provinces Where a dispute between the Province and any other province that is a party to an agreement arises in relation to a line or portion thereof prescribed or to be prescribed for the purpose of the definition offshore area in section 2 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 such time as the Federal Minister deems appropriate, be referred to an impartial person, tribunal or body and settled by means of the procedure determined in accordance with subsection (3). Procedures determined by Federal Minister For the purposes of this section, the person, tribunal or body to which a dispute is to be referred, the constitution and membership of any 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. Principles of international law to apply Where the procedure for the settlement of a dispute pursuant to this section involves arbitration, the arbitrator shall apply the principles of international law governing maritime boundary delimitation, with such modifications as the circumstances require. Approval of Provincial Minister not required before regulation made Notwithstanding section 7, where a dispute is settled pursuant to 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 with respect to the portion of the line to which the dispute related. Provincial Minister’s approval Before a regulation is made under section 2.1, subsection 5(1), section 29.1, subsection 41(7), section 56.1 or section 64, subsection 67(2), section 96.1, subsection 96.2(2), section 118, subsection 122(1), 125(1), 149(1), 162(2.3), 163(1.02), 183.19(6) or 183.25(1), section 183.29, subsection 183.3(3) or 202.01(1) or section 203, the Federal Minister shall consult the Provincial Minister with respect to the proposed regulation and the regulation shall not be made without the Provincial Minister’s approval. Approval of Provincial minister Before a regulation is made under subsection 205.001(3) or (4) or 205.124(1), the Federal Minister shall consult the minister of the government of the Province who is responsible for occupational health and safety with respect to the proposed regulation and no regulation shall be so made without the approval of that minister. Non-application of Atlantic Accord For greater certainty, the Atlantic Accord does not apply to offshore renewable energy resources. Application This Act applies within the offshore area. Excluded legislation Subject to section 101, the Canada Petroleum Resources Act and the Canada Oil and Gas Operations Act and Part 5 of the Canadian Energy Regulator Act and any regulations made under them do not apply within the offshore area. Jointly established Regulator There is established by the joint operation of this Act and the Provincial Act a board to be known as the Canada–Newfoundland and Labrador Offshore Energy Regulator. [Repealed, 2024, c. 20, s. 10] References A reference in any contract, document, instrument, proclamation, by-law or order in council to the Canada-Newfoundland Offshore Petroleum Board or the Canada–Newfoundland and Labrador Offshore Petroleum Board is, unless the context otherwise requires, to be read as a reference to the Canada–Newfoundland and Labrador Offshore Energy Regulator. Treated as Provincial entity Subject to subsections (3) and (4), the Regulator shall for all purposes be treated as having been established by or under a law of the Province. Powers of corporation The Regulator has the legal powers and capacities of a corporation incorporated under the Canada Business Corporations Act, including those set out in section 21 of the Interpretation Act. Dissolution of Regulator The Regulator may be dissolved only by the joint operation of an Act of Parliament and an Act of the Legislature of the Province. Regulator consisting of seven members The Regulator shall consist of seven members. Federal and Provincial appointees Three members of the Regulator are to be appointed by the Federal Government, three by the Provincial Government and the Chairperson of the Regulator is to be appointed by both the Federal Government and the Provincial Government. Vice-chairpersons One or two members of the Regulator may be designated to be vice-chairpersons of the Regulator if they are so designated by both the Federal Government and the Provincial Government. Designation by both governments The designation of a vice-chairperson of the Regulator pursuant to subsection (3) is effective after both governments have each made the designation. Alternate members Each government may appoint one alternate member to act as a member of the Regulator in the absence of any of the members of the Regulator appointed by that government. Joint appointees Notwithstanding subsection (2) or (5), any member or alternate member of the Regulator may be appointed by both the Federal Government and the Provincial Government. Qualifications No member of the Regulator shall, during the term of office of that member on the Regulator, be employed in the Public Service of Canada or be a civil servant in the Province. civil servant has the same meaning as in the Provincial Act; (fonctionnaire) Public Service of Canada has the meaning given the expression public service in the Federal Public Sector Labour Relations Act, and includes any portion of the federal public administration designated by order in council pursuant to this subsection and for the purposes of subsection (1) as part of the Public Service of Canada. (administration fédérale) Deemed consultation between governments re Chairperson Consultation between the two governments with respect to the selection of the Chairperson of the Regulator shall be deemed to commence six months prior to the expiration of the term of office of the incumbent Chairperson, or where applicable, on the date of receipt by the Regulator of notice of the death, resignation or termination of appointment of the incumbent Chairperson, whichever occurs earlier. Where no agreement on Chairperson Where the two governments fail to agree on the appointment of the Chairperson of the Regulator within three months after the commencement of consultation between the governments, the Chairperson shall be selected by a panel, consisting of three members and constituted in accordance with this section, unless, at any time prior to the selection of the Chairperson by the panel, the two governments agree on the appointment. Appointment of members of panel One member of the panel shall be appointed by each government within thirty days after the expiration of the three months referred to in subsection (2). Chairperson of panel The chairperson of the panel shall be appointed jointly by the two members of the panel appointed pursuant to subsection (3) within thirty days after the later of the two appointments made pursuant to that subsection; or if the two 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. Selection of Chairperson of Regulator within 60 days The Chairperson of the Regulator shall be selected by the panel within 60 days after the appointment of the chairperson of the panel. Decision of panel binding The decision of the panel selecting a Chairperson of the Regulator is final and binding on both governments. Salaries of joint appointees Subject to section 15, the salary and other terms and conditions of the appointment of the Chairperson of the Regulator or any other member or alternate member appointed by both governments, including the effective date of the appointment, shall be fixed by an order of the Federal Government and an order of the Provincial Government after agreement has been reached by both governments on the salary and other terms and conditions. Salaries of separate appointees The salary and other terms and conditions of the appointment of any member appointed by either the Federal Government or the Provincial Government shall be agreed on by both governments. Absence or incapacity of Chairperson The Regulator shall designate a member to act as Chairperson of the Regulator during any absence or incapacity of the Chairperson or vacancy in the office of Chairperson, and that person, while acting as Chairperson, has and may exercise all of the powers and perform all of the duties and functions of the Chairperson. [Repealed, 2024, c. 20, s. 11] Terms of office The Chairperson and members of the Regulator shall be appointed for terms of six years. Good behaviour A member of the Regulator, including the Chairperson, shall hold office during good behaviour, but may be removed for cause where the member is appointed by either government, by that government; or where the member is appointed by both governments, by both governments. Re-appointment On the expiration of a term of office, the Chairperson or a member of the Regulator is eligible for re-appointment for one or more further terms. Conflict of interest guidelines Members of the Regulator, including the Chairperson, and the Chief Executive Officer appointed pursuant to section 24 shall be subject to conflict of interest guidelines established jointly by the Federal Minister and Provincial Minister and are not subject to any conflict of interest guidelines established by the Federal Government. Insurance The Regulator shall purchase and maintain insurance for the benefit of a person who is a present or former member, officer or employee of the Regulator, and the heirs or legal representatives of that person, against any liability incurred by that person in the capacity as 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 Regulator. Expenditures for insurance For greater certainty, the expenditures of the Regulator associated with purchasing and maintaining the insurance referred to in subsection (2) shall form part of the budget or revised budget of the Regulator in respect of a fiscal year. Power to indemnify Notwithstanding subsection (2), where the Regulator has established to the satisfaction of the Federal Minister the impossibility of purchasing and maintaining the insurance referred to in subsection (2), the Government of Canada shall, subject to subsection (6), indemnify a person who is a present or former member, officer or employee of the Regulator, 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 any civil, criminal or administrative action or proceeding to which that person is a party by reason of being or having been such a member, officer or employee, if that person acted honestly and in good faith with a view to the best interests of the Regulator; and in the case of any criminal or administrative action or proceeding that is enforced by a monetary penalty, believed, on reasonable grounds, that the conduct in issue was lawful. Additional Coverage Where the Regulator has purchased and maintained insurance referred to in subsection (2), the Government of Canada 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 such liability. Amount to settle an action The Government of Canada is not obliged to indemnify anyone pursuant to subsection (4) against an amount paid to settle an action unless the amount so paid was approved by the Government of Canada. Both governments share costs of indemnification Where the Government of the Province has indemnified a person referred to in subsection (4), or the heirs or legal representatives of that person, pursuant to section 16 of the Provincial Act, the Government of Canada may pay to the Government of the Province one-half of the amount so indemnified. Payable out of Consolidated Revenue Fund Any amount payable in respect of indemnification under this section may be paid out of the Consolidated Revenue Fund. Functions of Regulator The Regulator shall perform such duties and functions as are conferred or imposed on the Regulator by or pursuant to the Atlantic Accord or this Act. Proposed amendments The Regulator may make recommendations to both governments with respect to proposed amendments to this Act, the Provincial Act and any regulations made under those Acts. Consultation with Indigenous peoples of Canada His Majesty in right of Canada or in right of the Province may rely on the Regulator for the purposes of consulting with the Indigenous peoples of Canada respecting any potential adverse impact of a work or activity in the offshore area on existing Aboriginal and treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982 and the Regulator may, on behalf of His Majesty, if appropriate, accommodate any adverse impacts on those rights. Access to information The Federal Minister and the Provincial Minister are entitled to access to any information or documentation relating to petroleum resource and renewable energy activities in the offshore area that is provided for the purposes of this Act or any regulation made under it and such information or documentation shall, on the request of either Minister, be disclosed to that Minister without requiring the consent of the party who provided the information or documentation. Applicable provision Section 119 applies, with such modifications as the circumstances require, in respect of any disclosure of information or documentation or the production or giving of evidence relating thereto by a Minister as if the references in that section to the administration or enforcement of a Part of this Act included references to the administration or enforcement of the Provincial Act or any Part thereof. Meetings of Regulator A meeting of the Regulator shall be held once every month unless the members of the Regulator unanimously agree to defer such a meeting; and at any other time at the call of the Chairperson of the Regulator, on the request of any two members of the Regulator, or on the request of the Federal Minister or the Provincial Minister to review any matter referred to it by that Minister. Quorum Four members constitute a quorum of the Regulator. Majority vote Where, in the absence of unanimous agreement, a vote is required to be taken in respect of a decision of the Regulator, the decision shall be made on the basis of a majority vote of the members of the Regulator. Location of offices and staff The principal office and staff of the Regulator shall be located in the Province. Storage of information The Regulator shall establish, maintain and operate a facility in the Province for the storage and curatorship of all petroleum-related geophysical records and geological and hydrocarbon samples relating to the offshore area; and all geological, geophysical, geotechnical and environmental records and geological and geotechnical samples relating to offshore renewable energy. By-laws and guidelines Subject to this Act and the Atlantic Accord, the Regulator may make by-laws respecting the members, officers and employees of the Regulator, the attendance and participation, including voting rights, at meetings of the Regulator of alternate members of the Regulator appointed pursuant to subsection 10(5), the manner of appointing the officers and employees of the Regulator on the basis of selection according to merit, including the holding of open competitions therefor, the procedures to be followed in the performance of any of the duties and functions of the Regulator, the conduct of meetings of the Regulator, the manner of dealing with matters and business before the Regulator, and generally, the carrying on of the work of the Regulator and the management of the internal affairs thereof; and establish conflict of interest guidelines respecting persons employed by the Regulator pursuant to subsection 25(1). Chief Executive Officer There shall be a Chief Executive Officer of the Regulator who where both the Federal Government and the Provincial Government appoint the Chairperson as Chief Executive Officer, is the Chairperson of the Regulator; or in any other case, is to be appointed by the Regulator by means of an open competition. Approval required The appointment of a Chief Executive Officer pursuant to paragraph (1)(b) is subject to the approval of both governments. Panel to choose Chief Executive Officer in the absence of agreement Where either government fails to make an appointment pursuant to paragraph (1)(a) or to approve the appointment of a Chief Executive Officer pursuant to 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 such modifications as the circumstances require, to the selection of the Chief Executive Officer. Application of subsection 13(1) Subsection 13(1) applies, with such modifications as the circumstances require, to the appointment of the Chief Executive Officer pursuant to paragraph (1)(a) or subsection (3). Absence or incapacity of Chief Executive Officer The Regulator shall designate a person to act as Chief Executive Officer during any 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 all the powers and perform all of the duties and functions of that office. Staff of the Regulator The Regulator may, on the recommendation of the Chief Executive Officer, employ such other officers and such employees as are necessary to properly perform the duties and functions of the Regulator under this Act and the Atlantic Accord. Method of selection The appointment of every person employed pursuant to subsection (1) shall be based on selection according to merit. Presumption Except as provided in subsection (4), every person employed pursuant to subsection (1) is deemed not to be employed in the federal public administration or the public service of the Province. Mobility of staff For the purpose of being eligible for appointment to a position in the public service by an appointment process under the Public Service Employment Act, any person who, immediately prior to being employed by the Regulator, was employed in the public service shall be deemed to be a person employed in the public service in the Department of Natural Resources in the location where that person is performing duties for the Regulator and in a position of an occupational nature and at a level equivalent to the position in which that person is employed by the Regulator; and any person who, immediately prior to being employed by the Regulator, was not employed in the public service shall, two years after being employed by the Regulator, be deemed to be a person employed in the public service in the Department of Natural Resources in the location where that person is performing duties for the Regulator and in a position of an occupational nature and at a level equivalent to the position in which that person is employed by the Regulator. Application of Newfoundland and Labrador legislation Newfoundland and Labrador social legislation as defined in subsection 205.001(1), the provisions of the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time, and the provisions of the Occupational Health and Safety Act, R.S.N.L. 1990, c. O-3, as amended from time to time, and any regulations made under that legislation or those Acts, apply to persons employed under subsection (1). Non-application of Canada Labour Code Despite section 4 and subsections 123(1) and 168(1) of the Canada Labour Code, that Act does not apply to persons employed under subsection (1). Definition of public service In this section, public service has the same meaning as in the Federal Public Sector Labour Relations Act. Auditor The Regulator shall appoint an auditor, for such term as is set by the Regulator, for the purposes of auditing the financial statements of the Regulator. Audit and evaluation committee The Regulator shall appoint an audit and evaluation committee consisting of not fewer than three members of the Regulator 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. Internal audit In addition to any 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 Regulator act in accordance with management systems and controls established by the Regulator. Budget The Chief Executive Officer shall, in respect of each fiscal year, prepare a budget for the Regulator sufficient to permit the Regulator to properly exercise its powers and perform its duties and functions. Submission to governments Following approval of the budget by the Regulator, the budget shall be submitted to the Federal Minister and the Provincial Minister, at such time as may be specified by each Minister, for their consideration and approval. Revised budget Where it appears that the actual aggregate of the expenditures of the Regulator in respect of any fiscal year is likely to be substantially greater or less than that estimated in its budget in respect of that fiscal year, the Regulator shall submit to both Ministers for their consideration and approval a revised budget in respect of that fiscal year containing such particulars as may be requested by either Minister. Payment of operating costs Subject to subsection (4.1), the Government of Canada shall pay one-half of the aggregate of the expenditures set out in the budget or revised budget in respect of each fiscal year. Payment of specific activities The Chief Executive Officer may include in the budget or revised budget expenditures associated with specific requirements of one government that are to be paid entirely by that government. Appropriation Subject to any other Act of Parliament that appropriates moneys for the payment required by subsection (4), the sums required for such payment shall be paid out of the Consolidated Revenue Fund from time to time as required. Access to books and accounts Subject to subsection 18(2), both the Federal Minister and the Provincial Minister are entitled to have access to the books and accounts of the Regulator. Annual report The Regulator shall, in respect of each fiscal year, prepare a report and submit it to the Federal Minister and the Provincial Minister not later than ninety days after the expiration of that fiscal year. Contents of report Each annual report submitted under subsection (1) shall contain an audited financial statement and a description of the activities of the Regulator, including those relating to occupational health and safety, during the fiscal year covered by the report. Tabling of report The Federal Minister shall cause the annual report referred to in this section to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day the report is submitted to the Federal Minister; or where it is not possible to cause the report to be laid pursuant to paragraph (a) within thirty days after the day the report is submitted to the Federal Minister, to be published within that thirty day period. Regulations respecting fees, etc. respecting the fees or charges, or the method of calculating the fees or charges, to be paid for the provision, by the Regulator, of a service or product under this Act; respecting the fees or charges, or the method of calculating the fees or charges, in respect of any of the Regulator’s activities under this Act or the Impact Assessment Act, that are to be paid by a person who makes an application for an authorization under paragraph 138(1)(b) or subsection 138.01(1) or an application under subsection 139(2), or the holder of an operating licence issued under paragraph 138(1)(a) or an authorization issued under paragraph 138(1)(b) or subsection 138.01(1); and respecting the refund of all or part of any fee or charge referred to in paragraph (a) or (b), or the method of calculating that refund. Amounts not to exceed cost The amounts of the fees or charges referred to in paragraph (1)(a) shall not exceed the cost of providing the services or products. The amounts of the fees or charges referred to in paragraph (1)(b) shall not exceed the cost of the Regulator’s activities under this Act or the Impact Assessment Act. Non-application of Service Fees Act The Service Fees Act does not apply to any fees or charges payable in accordance with regulations made under section 29.1. Remittance of fees and charges: shared Subject to subsection (2), one half of the amounts of the fees and charges obtained in accordance with regulations made under section 29.1 shall be paid to the credit of the Receiver General and the other half shall be paid to the credit of Her Majesty in right of the Province, in the time and manner prescribed under those regulations. Remittance of fees and charges to the Province If the fees and charges referred to in subsection (1) are related to the powers, duties or functions of the Regulator for the administration of the pricing mechanisms for greenhouse gas emissions referred to in subsection 164.3(1), they shall be paid in their entirety to the credit of Her Majesty in right of the Province. Regulator’s decisions final Subject to this Act, the exercise of a power or the performance of a duty by the Regulator pursuant to this Act is final and not subject to the review or approval of either government or either Minister. Notice of fundamental decisions Where a fundamental decision is made by the Regulator, the Regulator shall, forthwith after making the decision, give written notice of that decision to the Federal Minister and the Provincial Minister. Advice by Ministers to Regulator Within thirty days after receipt of a notice of a fundamental decision pursuant to subsection (1), the Federal Minister and the Provincial Minister shall each advise, in writing, the Regulator and each other whether that Minister approves or disapproves that decision and where the Regulator does not receive the advice within those thirty days, the Regulator shall be deemed, 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. Conditions for implementation of fundamental decision A fundamental decision shall not be implemented unless the Regulator is advised, in writing, that both the Federal Minister and the Provincial Minister approve that decision; or in any other 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 pursuant to section 39, the period of suspension referred to in that section has expired, or agreement is reached between both Ministers to approve that decision, whichever occurs first. Compliance with advice or governments Where the conditions referred to in subsection (1) have been satisfied in respect of a fundamental decision, that decision shall be implemented forthwith by the Regulator. In this section and sections 34 to 37, security of supply, in respect of any period, means the anticipation of self-sufficiency during each of the five calendar years in that period, taking into account the aggregate of anticipated additions to producing capacity and anticipated adjustments to refining capacity; (sécurité des approvisionnements) 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; (autosuffisance) suitable crude oil and equivalent substances means those substances that are appropriate for processing in Canadian refineries and that are potentially deliverable to Canadian refineries. (pétrole brut et substances assimilées acceptables) Role of Ministers prior to self-sufficiency and security of supply Where, in respect of any 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 any fundamental decision, other than a fundamental decision referred to in subsection (2), made during that period. Development plan approval Subject to subsection (3), the Provincial Minister has authority in relation to a fundamental decision referred to in paragraph 139(4)(a). Federal Minister’s power to override development plan approval Where the approval or disapproval by the Provincial Minister of a fundamental decision referred to in paragraph 139(4)(a) would unreasonably delay the attainment of self-sufficiency or security of supply, the Federal Minister may substitute therefor the approval or disapproval, as the case may be, 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. Role of Ministers after self-sufficiency and security of supply Where, in respect of any period referred to in subsection 35(3), a determination is made that self-sufficiency and security of supply exist, the Provincial Minister has authority in relation to any fundamental decision made during that period. Determination binding For the purposes of this Act, where a determination referred to in subsection 34(1) or (4) is made by both governments or by a panel pursuant to section 36 or 37 or is deemed to have been made pursuant to subsection (2), it is final and binding for the duration of the period in respect of which it is made. Initial period For the purposes of section 34, the first period shall commence on January 1, 1986 and terminate on December 31, 1990 and, in respect of that period, a determination shall be deemed to have been made, for all purposes of this Act, that self-sufficiency and security of supply do not exist. Subsequent periods For the purposes of section 34, each period following the period referred to in subsection (2) shall commence on the expiration of the period immediately preceding that period and shall be for a duration of five successive calendar years. Where no agreement on determinations re self-sufficiency Consultation between the two governments with respect to the making of a determination referred to in subsection 34(1) or (4) shall be deemed to commence one year prior to the expiration of every period in respect of which such a determination is made. Appointment of panel members Where the two governments fail to agree on a determination referred to in subsection (1) within three months after the commencement of consultation between the governments, the determination shall be made by a panel consisting of three members, constituted in accordance with subsections 12(3) and (4), within sixty days after the appointment of the chairperson of the panel unless, at any time prior thereto, the two governments agree on the determination. Determination of unreasonable delay Where, within sixty days after an approval or disapproval by the Provincial Minister pursuant to subsection 34(2), the two 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 three members constituted in accordance with subsection (2), within forty-five days after the appointment of the chairperson of the panel. Constitution of panel For the purposes of subsection (1), one member of the panel shall be appointed by each government within thirty days after the sixty 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 such modifications as the circumstances require. Determination not subject to review Where a determination referred to in section 36 or 37 is made by a panel pursuant to that section, that determination is not subject to be reviewed or set aside by any government, court or other body. Suspensive vetoes 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 Regulator and the Minister who has such authority, suspend, during a period of ninety days, the approval of the fundamental decision by the Minister who has that authority. Commencement of period The period of ninety days referred to in subsection (1) commences on the day the Regulator is advised, in accordance with subsection 31(2), of the approval of the fundamental decision by the Minister having authority in relation to the fundamental decision. Supply shortfall Notwithstanding any other provision of this Act, in the event of a sudden domestic or import supply shortfall of suitable crude oil and equivalent substances, the Regulator shall, on request by the Federal Minister, cause production of suitable crude oil and equivalent substances to be increased, consistent with good oil field practice. Canada’s obligations under IEA Notwithstanding any other provision of this Act, where the Government of Canada has obligations with respect to the allocation of petroleum pursuant to the Agreement On An International Energy Program dated November 18, 1974, the Regulator shall, where directed to do so by the Federal Minister and during the period that those obligations continue, take such measures as are necessary to comply with those obligations and as are fair and equitable in relation to other hydrocarbon producing regions of Canada. Regulator’s recommendation The Regulator shall notify the Federal Minister and the Provincial Minister in writing of its offshore renewable energy recommendation as soon as practicable after deciding to make the recommendation. Ministers’ decisions The Federal Minister and the Provincial Minister shall, within 60 days after receiving the recommendation, notify the Regulator in writing of their respective decision to approve the recommendation, with or without variations, or to reject it. Additional 30 days Despite subsection (2), on written notice by either Minister to the Regulator and the other Minister, both Ministers shall have an additional 30 days to notify the Regulator of their respective decision under that subsection. No time limit Despite subsection (2), the Federal Minister or the Provincial Minister may notify the Regulator of their respective decision with respect to an offshore renewable energy recommendation to make a call for bids beyond the period of 60 days referred to in that subsection. Publication The Regulator shall publish in the Canada Gazette any notice of decision referred to in subsection 40.1(2), unless the decision is to reject an offshore renewable energy recommendation to make a call for bids. Implementation of Ministers’ approval The Regulator shall only exercise a power or perform a duty subject to this section and sections 40.1 and 40.2 if it has been the subject of an offshore renewable energy recommendation that was approved by both Ministers and with the same variations, if any. In that case, the Regulator shall exercise the power or perform the duty as soon as practicable after it receives the notices referred to in subsection 40.1(2). Definition of shortfall of petroleum deliveries in the Province 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, the end use consumption and feedstock requirements of industrial facilities that are in place in the Province on the day of the coming into force of this Act; the feedstock requirements of the refining facilities at Come-by-Chance if those facilities were operating at capacity on the day of the coming into force of this Act or any refining facility constructed in the Province to replace those facilities; or the feedstock requirements of any refining facility located in the Province that was not in place on the coming into force of this Act, other than a facility referred to in paragraph (b), if the feedstock requirements required to satisfy the demand of industrial capacity, on the day of the coming into force of this Act, in Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador have been met. Notice by Provincial Minister to holders of production licences 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 first 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 prior to the giving of the notice. Later contracts subject to notice Any contract entered into after the giving of the notice referred to in subsection (2) shall be deemed to be varied or suspended to the extent necessary to give effect to that notice. Term of notice 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.

Arbitration in case of dispute whether shortfall exists 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. Notice ceases to have effect Where it is determined pursuant to 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 deemed to be revoked and ceases to have effect on the date on which the determination is made. Subject to section 7, the Governor in Council may make regulations for carrying out the purposes and provisions of this section and, without limiting the generality of the foregoing, may make regulations defining the expression commercial terms or providing for arbitration to establish commercial terms in any particular case; governing, for the purposes of this section, arbitration and the making of arbitration orders and appeals from and enforcement of arbitration orders; and prescribing the manner of exercising a first option to acquire that is granted pursuant to a notice given under subsection (2). Ministerial directives The Federal Minister and the Provincial Minister may jointly issue to the Regulator written directives in relation to fundamental decisions; offshore renewable energy recommendations; decisions made by the Regulator respecting the exercise of a power pursuant to paragraph 56(1)(b); public reviews conducted pursuant to section 44; Canada–Newfoundland and Labrador benefits plans and any of their provisions; the principles referred to in section 96.6; the development of guidelines and interpretation notes issued under subsection 151.1(1) and section 183.27; and studies to be conducted by the Regulator and advice with respect to policy issues to be given by the Regulator to the Federal Minister and the Provincial Minister. Occupational health and safety directives The Federal Minister, on the recommendation of the Minister of Labour, and the minister of the government of the Province who is responsible for occupational health and safety, may jointly issue to the Regulator written directives in relation to the development of guidelines and interpretation notes with respect to occupational health and safety matters; and the implementation of any recommendations made by an auditor under section 205.119 or made following an inquiry under section 205.12. Directives binding The Regulator shall comply with a directive issued under this section. Directives not statutory instruments Directives issued under this section are not statutory instruments for the purposes of the Statutory Instruments Act. Notice in Canada Gazette When a directive is issued under this section, a notice shall be published in the Canada Gazette that the directive has been issued and that the text of it is available for inspection by any person on request made to the Regulator. Plan for interests During the first month of each calendar year, the Regulator shall submit to the Federal Minister and the Provincial Minister a plan outlining the anticipated decisions of the Regulator during that calendar year respecting the making of calls for bids pursuant to Part II with respect to interests to be issued in relation to portions of the offshore area and the issuance and terms and conditions of such interests. Revised plan 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) 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 Regulator of the reasons for so doing. Idem Where the Regulator is informed of a Minister’s rejection of its plan and the reasons therefor, the Regulator shall, within sixty days after being so informed, prepare a revised plan outlining the anticipated decisions of the Regulator referred to in subsection (1), taking into account those reasons, and submit the revised plan to the Federal Minister and the Provincial Minister. Application of subsections (2) and (3) to revised plan Subsections (2) and (3) apply, with such modifications as the circumstances require, with respect to a revised plan submitted pursuant to subsection (3). Public review Subject to any directives issued under subsection 42(1), the Regulator shall conduct a public review in relation to any potential development of a pool or field unless the Regulator is of the opinion that it is not required on any ground the Regulator considers to be in the public interest. Powers of Regulator Where a public review is conducted in relation to any potential development of a pool or field, the Regulator may 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 Parliament or of the Legislature of the Province; appoint one or more commissioners and, where there is to be more than one 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 any Act of Parliament or of the Legislature of the Province, other than this Act or the Provincial Act, in relation to the development; if the potential development has been proposed to the Regulator by any person, require that person to submit and make available for public distribution a preliminary development plan, an environmental impact statement, a socio-economic impact statement, a preliminary Canada–Newfoundland and Labrador benefits plan and any other plan specified by the Regulator; and cause the commissioners to hold public hearings in appropriate locations in the Province or elsewhere in Canada and report thereon to the Regulator, the Federal Minister and the Provincial Minister. Powers of commissioners On the request of the Regulator, the Federal Government may, subject to such terms and conditions as it considers necessary, confer on the commissioners appointed pursuant to paragraph (2)(b) all or any of the powers conferred on persons appointed as commissioners under Part I of the Inquiries Act. Time limit for Regulator’s recommendations on a plan The commissioners shall make their recommendations respecting any preliminary plan or statement submitted pursuant to paragraph (2)(c) within two hundred and seventy days after their receipt of the plan or statement or such shorter period as may be set by the Regulator. Public hearings The Regulator may conduct a public hearing in relation to the exercise of any of its powers or the performance of any of its duties and functions under this Act. Confidentiality At any public hearing conducted under section 44.1, the Regulator 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 Regulator is satisfied that 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 the information is financial, commercial, scientific or technical information that is confidential information supplied to the Regulator and the information has been consistently treated as confidential information by a person directly affected by the hearing, and the person’s interest in confidentiality outweighs the public interest in its disclosure. Confidentiality — security At any public hearing conducted under section 44.1, the Regulator 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 Regulator is satisfied that there is a real and substantial risk that disclosure of the information will impair the security of pipelines, as defined in section 135, installations, facilities, vessels, aircraft or systems, including computer or communication systems, or methods employed to protect them; and the need to prevent disclosure of the information outweighs the public interest in its disclosure. Exception The Regulator 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 119(5)(a) to (e) and (i). Definition of Canada–Newfoundland and Labrador benefits plan 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 full and fair opportunity to participate on a competitive basis in the supply of goods and services used in any proposed work or activity referred to in the benefits plan. Regulator approval of benefits plan Before the Regulator approves any development plan under subsection 139(4) or authorizes any work or activity under paragraph 138(1)(b), a Canada–Newfoundland and Labrador benefits plan shall be submitted to and approved by the Regulator, unless it directs that that requirement need not be complied with. Particular provisions of plan A Canada–Newfoundland and Labrador benefits plan shall contain provisions intended to ensure that 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; consistent with the Canadian Charter of Rights and Freedoms, individuals resident in the Province shall be given first consideration for training and employment in the work program for which the plan was submitted and any 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; 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 first 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. Affirmative action programs The Regulator may require that any 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 any proposed work or activity referred to in the benefits plan. Duties of Regulator in reviewing plans In reviewing any Canada–Newfoundland and Labrador benefits plan, the Regulator shall consult with both Ministers on the extent to which the plan meets the requirements set out in subsections (1), (3) and (4). Directives Subject to any directives issued under subsection 42(1), the Regulator may approve any Canada–Newfoundland and Labrador benefits plan. Transboundary pool The definitions in section 166 also apply in subsections (8) and (9). Approval subject to agreement A Canada-Newfoundland and Labrador benefits plan submitted for approval in respect of a work or activity to be carried out in a transboundary pool that is the subject of a joint exploitation agreement is not to be approved under this section unless the Regulator and the appropriate authority have agreed on its content. Disagreement The Regulator or the appropriate authority — or in respect of any transboundary pool extending into the jurisdiction of a foreign government, the Federal Minister, after having consulted the Minister of Foreign Affairs and the Provincial Minister — may, if they disagree about the content of the plan submitted for approval, refer the matter to an expert in accordance with section 183.16. The expert’s decision is deemed to be approval of the plan by the Regulator. Coordination The Regulator 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 environmental regulation; emergency measures; coast guard and other marine regulation; aviation regulation; 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 Regulator in relation to such benefits; occupational health and safety; and such other matters as are appropriate. The Federal Minister and the Provincial Minister shall be parties to any memorandum of understanding concluded in relation to a matter referred to in paragraph (1)(d). In this Part, call for bids means a call for bids made in accordance with in the case of petroleum, section 58, and in the case of offshore renewable energy, section 93; (appel d’offres) 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; (découverte exploitable) commercial discovery area means, in relation to a declaration of commercial discovery made pursuant to subsection 78(1) or (2), those portions of the offshore area described in the declaration; (périmètre de découverte exploitable) Crown reserve area means in relation to petroleum, portions of the offshore area in respect of which no petroleum-related interest is in force, and in relation to offshore renewable energy, portions of the offshore area in respect of which no submerged land licence is in force respecting a particular renewable energy resource; (réserves de l’État) former exploration agreement means an exploration agreement under the Canada Oil and Gas Land Regulations; (ancien accord d’exploration) former lease means an oil and gas lease under the Canada Oil and Gas Land Regulations; (ancienne concession) former permit means an exploratory permit under the Canada Oil and Gas Land Regulations; (ancien permis) former special renewal permit means a special renewal permit under the Canada Oil and Gas Land Regulations; (ancien permis spécial de renouvellement) holder or interest holder means, in respect of an interest or a share therein, the person indicated, in the register maintained pursuant to Division VIII, as the holder of the interest or the share; (Version anglaise seulement) interest means in relation to petroleum, any former exploration agreement, former lease, former permit, former special renewal permit, exploration licence, production licence or significant discovery licence, and in relation to offshore renewable energy, any submerged land licence; (titre) 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; (Version anglaise seulement) prescribed means in the case of a form or the information to be given on a form, prescribed by the Regulator, and in any other case, prescribed by regulations made by the Governor in Council; (Version anglaise seulement) share means, with respect to an interest, an undivided share in the interest or a share in the interest held in accordance with section 66; (fraction) significant discovery means a discovery indicated by a well on a geological feature that demonstrates, through any formation flow test approved by the Regulator, 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; (découverte importante) significant discovery area means, in relation to a declaration of significant discovery made pursuant to subsection 71(1) or (2), those portions of the offshore area described in the declaration. (périmètre de découverte importante) [Repealed, 2024, c. 30, s. 9] Giving notice Where a notice is required to be given under this Part or the regulations, it shall be given in such form and manner as may be prescribed and shall contain such information as may be prescribed. Binding on Her Majesty This Part is binding on Her Majesty in right of Canada or a province. Delegation The Regulator may designate any person to exercise the powers and perform the duties and functions under this Part that are specified in the designation and on such designation that person may exercise those powers and shall perform those duties and functions subject to such terms and conditions, if any, as are specified in the designation. Advisory bodies The Regulator may from time to time appoint and fix the terms of reference of such advisory bodies as the Regulator considers appropriate to advise the Regulator with respect to such matters relating to the administration or operation of this Part or Part III as are referred to them by the Regulator. Remuneration The members of any advisory body appointed under subsection (1) may be paid for their services such remuneration and expenses as are fixed by the Regulator. Appointment of representative Where an interest owner consists of two or more holders, such holders shall, in the manner prescribed, appoint one of their number to act as representative of the interest owner for the purposes of this Part, but such holders may, with the consent of the Regulator, appoint different representatives for different purposes. Designation of representative In the event that an interest owner consisting of two or more holders fails to appoint a representative for any of the purposes of this Part, the Regulator may designate one of such holders as the representative of the interest owner for such purposes. Acts or omissions of representative binding An interest owner is bound by the acts or omissions of the appointed or designated representative of such interest owner with respect to any matter to which the authority of the representative extends. Duties of representative A representative of an interest owner appointed or designated under this section shall perform the duties in respect of the purposes for which that representative has been appointed or designated, and any 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. Prohibition orders — petroleum Subject to sections 31 to 40, the Regulator may, except in a case referred to in subsection (2), by order, for any purposes and under any conditions set out in the order, prohibit the issuance of petroleum-related interests in respect of any portions of the offshore area specified in the order. Prohibition orders — offshore renewable energy The Federal Minister and the Provincial Minister may, except in a case referred to in subsection (2), issue a joint direction to the Regulator to, by order, for any purposes and under any conditions set out in the order, prohibit the issuance of submerged land licences in respect of any portions of the offshore area specified in the order. Exclusive decision of Federal Minister The Federal Minister may, by order, in the case of a disagreement with any government concerning the location of an international boundary and under such conditions as may be set out in the order, prohibit the issuance of interests in respect of such portions of the offshore area as are specified in the order. Directions deemed not to be statutory instruments Directions issued under subsection (1.1) shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act. Surrender of interests An interest owner may, in the manner prescribed and subject to any requirements that may be prescribed respecting the minimum geographical area to which an interest may relate, surrender an interest in respect of all or any portion of the offshore area subject to the interest. Debts due to Her Majesty not affected Any liability of an interest owner or interest holder to Her Majesty in right of Canada, either direct or by way of indemnity, that exists at the time of any surrender under subsection (1) is not affected by the surrender. Prohibition orders Subject to subsections (2) and (2.1), the Regulator may, by order, prohibit any interest owner specified in the order from commencing or continuing any work or activity on the portions of the offshore area or any part of those portions that are subject to the interest of that interest owner, in the case of an environmental or social problem of a serious nature; or dangerous or extreme weather conditions affecting the health or safety of people or the safety of equipment. Fundamental decisions The making of an order by the Regulator in a case referred to in paragraph (1)(a) with respect to a petroleum-related interest is subject to sections 31 to 40. Ministerial decision The making of an order by the Regulator in a case referred to in paragraph (1)(a) with respect to a submerged land licence is subject to sections 40.1 to 40.3. Order of Federal Minister The Federal Minister may, in the case of a disagreement with any government concerning the location of an international boundary, by order, prohibit any interest owner specified in the order from commencing or continuing any work or activity on the portions of the offshore area or any part thereof that are subject to the interest of that interest owner. Suspension of requirements in relation to interest Where, by reason of an order made under subsection (1) or (3), any 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. Extension of term of interest Notwithstanding any other provision in this Act, the term of an interest that is subject to an order under subsection (1) or (3) and the period provided for compliance with any requirement in relation to the interest are extended for a period equal to the period that the order is in force. Relieving authority not affected Nothing in this section affects the authority of the Regulator to relieve a person from any requirement in relation to an interest or under this Part or the regulations. Prohibitions — regulations Subject to section 7, the Governor in Council may, for the purpose of the protection of the environment, make regulations prohibiting, in respect of any portion of the offshore area that is specified in those regulations and that is located in an area that is or, in the opinion of the Governor in Council, may be identified under an Act of Parliament or of the Legislature of the Province as an area for environmental or wildlife conservation or protection, the commencement or continuation of any work or activity relating to the exploration or drilling for or the production, conservation, processing or transportation of petroleum, or an offshore renewable energy project; or the issuance of interests. Negotiations for compensation The Federal Minister may enter into negotiations with an interest owner for a determination of any compensation that may be granted to the interest owner for the surrender of the interest in respect of all or any portion of the offshore area subject to the interest, if all or any portion of the offshore area in respect of which the surrender is negotiated is located in an area that is identified under an Act of Parliament as an area for environmental or wildlife conservation or protection; or subject to regulations made under section 56.1. Notice to Provincial Minister The Federal Minister shall, not later than 60 days before entering into the negotiations, give written notice to the Provincial Minister of the Federal Minister’s intention to enter into negotiations with the interest owner within the period specified in the notice referred to in subsection (3). Notice to interest owner The Federal Minister shall, not later than 30 days before entering into the negotiations, give written notice to the interest owner, and forward a copy of the notice to the Regulator, indicating the Federal Minister’s intention to enter into negotiations with the interest owner within the period specified in the notice. Power to cancel The Federal Minister and the Provincial Minister may, by order, jointly cancel the interest in respect of all or any portion of the offshore area that is subject to the interest and that is located in an area that is or, in the opinion of the Governor in Council, may be identified under an Act of Parliament as an area for environmental or wildlife conservation or protection, if the interest owner did not enter into negotiations with the Federal Minister within the period specified in the notice given to the interest owner; in the opinion of the Federal Minister, the compensation to be granted to the interest owner for the surrender of the interest has not been determined during the negotiations within a reasonable time; or in the opinion of the Federal Minister, the negotiations have not resulted in the surrender of the interest by the interest owner within a reasonable time even though the compensation to be granted to the interest owner has been determined during the negotiations. Amount of compensation The Federal Minister shall, in the order, specify the amount of the compensation to be granted to the interest owner under subsection 56.3(2) in respect of the cancellation of the interest. Crown reserve areas The portion of the offshore area subject to the interest referred to in subsection (1) that has been surrendered or the interest referred to in subsection (4) that has been cancelled becomes a Crown reserve area. Return of deposit If an interest referred to in subsection (1) is surrendered or if an interest referred to in subsection (4) is cancelled, the deposit balance with respect to the interest held by the person holding that deposit balance on behalf of the interest owner, calculated in accordance with the regulations, shall be returned to the interest owner, less any liability, either direct or by way of indemnity, owed by the interest owner to that person at the time of the surrender or cancellation. Compensation — surrender If an interest owner surrenders an interest referred to in subsection 56.2(1), His Majesty in right of Canada may grant any compensation that is determined by negotiations with the Federal Minister for the surrender of the interest. Compensation — cancellation If an interest is cancelled by an order made under subsection 56.2(4), His Majesty in right of Canada may grant an interest owner the compensation that is specified in the order. If the order cancels a petroleum-related interest, it is subject to section 124 in respect of the amount of that compensation, and, for the purposes of this subsection, any reference to the Regulator in that section is to be read as a reference to the Federal Minister. No compensation A person shall not have any right to claim or receive any compensation, damages, indemnity or other form of relief from His Majesty in right of Canada or from any servant or agent of His Majesty in right of Canada for any acquired, vested, future or potential right or entitlement that is affected by a surrender of an interest referred to in subsection 56.2(1) or a cancellation of an interest referred to in subsection 56.2(4), other than compensation that may be granted to an interest owner under this section. The Provincial Minister may enter into negotiations with an owner of a petroleum-related interest for a determination of any compensation that may be granted to the interest owner for the surrender of the interest in respect of all or any portion of the offshore area subject to the interest, if all or any portion of the offshore area in respect of which the surrender is negotiated is located in an area that is identified under an Act of the Legislature of the Province as an area for environmental or wildlife conservation or protection; or Notice to Federal Minister The Provincial Minister shall, not later than 60 days before entering into the negotiations, give written notice to the Federal Minister of the Provincial Minister’s intention to enter into negotiations with the interest owner within the period specified in the notice referred to in subsection (3). The Provincial Minister shall, not later than 30 days before entering into the negotiations, give written notice to the interest owner, and forward a copy of the notice to the Regulator, indicating the Provincial Minister’s intent to enter into negotiations with the interest owner within the period specified in the notice. The Provincial Minister and the Federal Minister may, by order, jointly cancel the interest in respect of all or any portion of the offshore area that is subject to the interest and that is located in an area that is or, in the opinion of the lieutenant governor in council of the Province, may be identified under an Act of the Legislature of the Province as an area for environmental or wildlife conservation or protection, if the interest owner did not enter into negotiations with the Provincial Minister within the period specified in the notice given to the interest owner; in the opinion of the Provincial Minister, the compensation to be granted to the interest owner for the surrender of the interest has not been determined during the negotiations within a reasonable time; or in the opinion of the Provincial Minister, the negotiations have not resulted in the surrender of the interest by the interest owner within a reasonable time even though the compensation to be granted to the interest owner has been determined during the negotiations. The Provincial Minister shall specify in the order the amount of the compensation to be granted to the interest owner under subsection 56.5(2) in respect of the cancellation of the interest. If an interest owner surrenders an interest referred to in subsection 56.4(1), His Majesty in right of the Province may grant any compensation that is determined by negotiations with the Provincial Minister for the surrender of the interest. If an interest is cancelled by an order made under subsection 56.4(4), His Majesty in right of the Province may grant an interest owner the compensation that is specified in the order. The order is subject to section 124 in respect of the amount of that compensation, and, for the purposes of this subsection, any reference to the Regulator in that section is to be read as a reference to the Provincial Minister. A person shall not have any right to claim or receive any compensation, damages, indemnity or other form of relief from His Majesty in right of the Province or from any servant or agent of His Majesty in right of the Province for any acquired, vested, future or potential right or entitlement that is affected by a surrender of an interest referred to in subsection 56.4(1) or a cancellation of an interest referred to in subsection 56.4(4), other than compensation that may be granted to an interest owner under this section. Authority to issue petroleum-related interests The Regulator may issue petroleum-related interests in respect of any portion of the offshore area in accordance with this Part and the regulations. Fundamental decision The issuance of a petroleum-related interest by the Regulator is subject to sections 31 to 40 unless the issuance of the interest is mandatory under another provision of this Part. Application of interest may be limited Subject to subsection (4), the application of any petroleum-related interest may be restricted to geological formations and to substances specified in the interest. Subsection (3) does not apply to any petroleum-related interest that is in force or in respect of which negotiations were completed before or on the coming into force of this section in relation to any portion of the offshore area; or that immediately succeeds an interest referred to in paragraph (a) in relation to that portion of the offshore area if that portion was not a Crown reserve area on the expiration of the interest referred to in paragraph (a). Calls for bids Subject to section 61, the Regulator shall not issue a petroleum-related interest in relation to Crown reserve areas unless prior to issuing the interest, the Regulator has made a call for bids in relation to those Crown reserve areas by publishing a notice in accordance with this section and section 63; and the interest is issued to the person who submitted, in response to the call, the bid selected by the Regulator in accordance with subsection 59(1). The making of a call for bids for the issuance of a petroleum-related interest is subject to sections 31 to 40. Requests for call for bids Any request received by the Regulator to make a call for bids for the issuance of a petroleum-related interest in relation to particular portions of the offshore area shall be considered by the Regulator in selecting the portions of the offshore area to be specified in such a call for bids. Contents of call The call for bids shall specify the interest to be issued and the portions of the offshore area to which the interest is to apply; if applicable, the geological formations and substances to which the interest is to apply; the other terms and conditions subject to which the interest is to be issued; any terms and conditions that a bid must satisfy to be considered by the Regulator; the form and manner in which a bid is to be submitted; subject to subsection (5), the closing date for the submission of bids; and the sole criterion that the Regulator will apply in assessing bids submitted in response to the call. Time of publishing call Unless otherwise prescribed, a call for bids shall be published at least one hundred and twenty days before the closing date for the submission of bids specified in the call. Selection of bid A bid submitted in response to a call for bids for the issuance of a petroleum-related interest shall not be selected unless the bid satisfies the terms and conditions and is submitted in the form and manner specified in the call; and the selection is made on the basis of the criterion specified in the call. Publication of bid selected If the Regulator selects a bid submitted in response to the call for bids, the Regulator shall publish a notice in accordance with section 63 setting out the terms and conditions of that bid. Interest to be consistent with call If a petroleum-related 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 any terms and conditions in respect of the interest specified in the call. Publication of terms and conditions of interest The Regulator shall publish a notice in accordance with section 63 setting out the terms and conditions of any petroleum-related interest issued as a result of a call for bids as soon as practicable after its issuance. Issuance of interest not required The Regulator is not required to issue a petroleum-related interest as a result of a call for bids. New call required Subject to section 61, if the Regulator has not issued a petroleum-related interest with respect to a particular portion of the offshore area specified in a call for bids within six months after the closing date specified in the call for bids, the Regulator shall, before issuing a petroleum-related interest in relation to that portion of the offshore area, make a new call for bids. Exception to call for bids — petroleum Subject to sections 31 to 40, the Regulator may issue a petroleum-related interest, in relation to any Crown reserve area, without making a call for bids if 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 such portion of the offshore area has, within one year after the time it became a Crown reserve area, requested the Regulator to issue an interest; or the Regulator is issuing the interest to an interest owner in exchange for the surrender by the interest owner, at the request of the Regulator, of any other interest or a share in any other interest, in relation to all or any portion of the offshore area subject to that other interest. Notice Where the Regulator proposes to issue an interest under subsection (1), the Regulator shall, not later than ninety days before issuing the interest, publish a notice in accordance with section 63 setting out the terms and conditions of the proposed interest. Failure to comply with call procedures If a petroleum-related interest has been issued, it is not vitiated by reason only of a failure to comply with any of the requirements set out in sections 58 to 61 respecting the form and content of, and time and manner of publishing, any notice required by those sections in relation to that interest. Manner of publication of notices Any notice required to be published by the Regulator pursuant to subsection 58(1), 59(2) or (4), 61(2) or 68(2) shall be published in the Canada Gazette and in any other publication the Regulator deems appropriate and, notwithstanding those subsections, may contain only a summary of the information required to be published and a statement that the full text thereof is available for inspection by any person on request made to the Regulator. Subject to section 7, the Governor in Council may, for the purposes of section 58, make regulations of general application in relation to the offshore area or any portion thereof, or in respect of any particular call for bids, prescribing the terms, conditions and criterion to be specified in a call for bids, the manner in which bids are to be submitted and requiring those terms and conditions and that criterion and manner to be specified in the call. Rights under exploration licences An exploration licence confers, with respect to the portions of the offshore area to which the licence applies, the right to explore for, and the exclusive right to drill and test for, petroleum; the exclusive right to develop those portions of the offshore area in order to produce petroleum; and the exclusive right, subject to compliance with the other provisions of this Part to obtain a production licence. Shares A share in an exploration licence may, subject to any requirements that may be prescribed, be held with respect to a portion only of the offshore area subject to the exploration licence. Terms and conditions An exploration licence shall contain such terms and conditions as may be prescribed and may contain any other terms and conditions, not inconsistent with this Part or the regulations, as may be agreed on by the Regulator, subject to sections 31 to 40, and the interest owner of the licence. Subject to section 7, the 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 any portion thereof. Amendment of exploration licence The Regulator, subject to sections 31 to 40, and the interest owner of an exploration licence may, by agreement, amend any provision of the exploration licence in any manner not inconsistent with this Part or the regulations and, without limiting the generality of the foregoing, may, subject to subsection (2), amend the licence to include any other portion of the offshore area. The Regulator shall not amend an exploration licence to include any portion of the offshore area that, immediately prior to the inclusion, was a Crown reserve area unless the Regulator would be able to issue an interest to that interest owner in relation to that area under subsection 61(1) and a notice has been published in accordance with section 63 not later than ninety days before making the amendment, setting out the terms and conditions of the amendment. Consolidation of exploration licences Subject to sections 31 to 40, the Regulator may, on the application of the interest owners of two or more exploration licences, consolidate those exploration licences into a single exploration licence, subject to any terms and conditions that may be agreed on by the Regulator and those interest owners. Effective date of exploration licence The effective date of an exploration licence is the date specified in the licence as the effective date thereof. Non-renewable term of nine years Subject to subsection (3) and section 70, the term of an exploration licence shall not exceed nine years from the effective date of the licence and shall not be extended or renewed. Subject to section 70, 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 four years and thereafter the term thereof shall not be renegotiated, extended or renewed. Crown reserve areas on expiration of licence 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. Continuation of exploration licence where drilling commenced Where, prior to the expiration of the term of an exploration licence, the drilling of any well has been commenced on any 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 thereafter as may be necessary to determine the existence of a significant discovery based on the results of that well. Deemed pursued diligently Where the drilling of a well referred to in subsection (1) is suspended by reason 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 deemed to be being pursued diligently during the period of suspension. Drilling of second well deemed commenced Where the drilling of a well referred to in subsection (1) cannot be completed for mechanical or other technical problems and if, within ninety days after the cessation of drilling operations with respect to that well, or such longer period as the Regulator determines, the drilling of another well is commenced on any 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 deemed to have commenced prior to the expiration of the term of the exploration licence. Application for declaration of significant discovery Subject to section 124, where a significant discovery has been made on any portion of the offshore area that is subject to an interest or a share therein held in accordance with section 66, the Regulator shall, on the application of the interest holder of the interest or the share thereof made in the form and manner and containing such information as 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. Declaration on initiative of Regulator Where a significant discovery has been made on any portion of the offshore area, the Regulator may, by order subject to section 124, 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. Description of offshore area subject to declaration A declaration made pursuant to subsection (1) or (2) shall describe the portions of the offshore area to which the declaration applies. Amendment or revocation of declaration Subject to subsection (5), where a declaration of significant discovery is made pursuant to 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 Regulator may, subject to section 124 and as appropriate in the circumstances, amend the declaration of significant discovery by increasing or decreasing the significant discovery area; or revoke the declaration. A declaration of significant discovery shall not be amended to decrease the significant discovery area or revoked earlier than in the case of a significant discovery area that is subject to a significant discovery licence issued pursuant to subsection 73(1), the date on which the exploration licence referred to in that subsection expires; and in the case of a significant discovery area that is subject to a significant discovery licence issued pursuant to subsection 73(2), three years after the effective date of the significant discovery licence. A copy of a declaration of significant discovery and of any amendment or revocation thereof made under this section in relation to any portion of the offshore area subject to an interest shall be sent by registered mail to the interest owner of that interest. Rights under significant discovery licence A significant discovery licence confers, with respect to the portions of the offshore area to which the licence applies, the exclusive right, subject to compliance with the other provisions of this Part, to obtain a production licence. Significant discovery licence in relation to areas subject to exploration licences 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 therein held in accordance with section 66, the Regulator shall, on application of the interest holder of the exploration licence or the share made in the form and manner and containing such information as 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. Significant discovery licence in relation to Crown reserve areas Where a declaration of significant discovery is in force and the significant discovery area extends to a Crown reserve area the Regulator may, after making a call for bids in relation to that Crown reserve area or any portion thereof and selecting a bid submitted in response to the call in accordance with subsection 59(1), issue a significant discovery licence to the person who submitted that bid in relation to the Crown reserve area specified in the call. The making of a call for bids and the issuance of a significant discovery licence by the Regulator pursuant to subsection (2) is subject to sections 31 to 40.

Terms and conditions of significant discovery licence A significant discovery licence shall be in the form prescribed and may contain any other terms and conditions, not inconsistent with this Part or the regulations, as may be agreed on by the Regulator, subject to sections 31 to 40, and the interest owner of the significant discovery licence. Reduction of area subject to significant discovery licence Where a significant discovery area in relation to a declaration of significant discovery is decreased pursuant to an amendment made under subsection 71(4), any 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. Increase in area subject to significant discovery licence Where a significant discovery area in relation to a declaration of significant discovery is increased pursuant to an amendment made under subsection 71(4), any 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 any exploration licence held by the interest owner of that significant discovery licence at the time the significant discovery area is so increased. Exploration licence ceases to have effect On the issuance of a significant discovery licence pursuant to subsection 73(1) with respect to a significant discovery area, any exploration licence ceases to have effect in relation to that significant discovery area. Effective date of significant discovery licence The effective date of a significant discovery licence is the date of application for the licence. Term of significant discovery licence Subject to subsection 85(1), a significant discovery licence continues in force, in relation to each portion of the offshore area to which the licence applies, for a term of 25 years. Automatic extension of term If the interest owner has made an application for a declaration of commercial discovery referred to in subsection 78(1) or for the issuance of a production licence referred to in subsection 81(1), the term of the significant discovery licence is extended until the Regulator makes a decision respecting that application. Cancelling automatic extension The extension to the term of the significant discovery licence remains in force after the Regulator makes a declaration of commercial discovery, but the Regulator may cancel the extension if the interest owner fails to submit an application for the issuance of a production licence within a reasonable time. Crown reserve area on expiration of licence On the expiration of a significant discovery licence, any 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. Drilling orders Subject to subsections (2) to (4) and sections 31 to 40, the Regulator may, at any time after making a declaration of significant discovery, by order subject to section 124, require the interest owner of any interest in relation to any portion of the significant discovery area to drill a well on any portion of the significant discovery area that is subject to that interest, in accordance with such directions as may be set out in the order, and to commence the drilling within one year after the making of the order or within such longer period as the Regulator specifies in the order. No order may be made under subsection (1) with respect to any interest owner who has completed a well on the relevant portion of the offshore area within six months after the completion of that well. Condition No order may be made under subsection (1) within the three years immediately following the well termination date of the well indicating the relevant significant discovery. No order made under subsection (1) may require an interest owner to drill more than one well at a time on the relevant portion of the offshore area. Definition of well termination date 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 any applicable drilling regulations. Information may be disclosed The Regulator may, notwithstanding section 119, provide information or documentation relating to a significant discovery to any interest owner who requires such information or documentation to assist the interest owner in complying with an order made under subsection 76(1). An interest owner shall not disclose any 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 76(1). Application for declaration of commercial discovery Subject to section 124, where a commercial discovery has been made on any portion of the offshore area that is subject to an interest or a share therein held in accordance with section 66, the Regulator shall, on the application of the interest holder of the interest or the share made in the form and manner and containing such information as 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. Subject to section 124, where a commercial discovery has been made on any portion of the offshore area, the Regulator 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. Application of certain provisions Subsections 71(3), (4) and (6) apply, with such modifications as the circumstances require, with respect to a declaration made pursuant to subsection (1) or (2). Notice of order to reduce term of interest Subject to sections 31 to 40, the Regulator may, at any time after making a declaration of commercial discovery, give notice to the interest owner of any interest in relation to any portion of the commercial discovery area where commercial production of petroleum has not commenced before that time stating that, after such period of not less than six months as may be specified in the notice, an order may be made reducing the term of that interest. Opportunity for submissions During the period specified in a notice sent to an interest owner under subsection (1), the Regulator shall provide a reasonable opportunity for the interest owner to make such submissions as the interest owner considers relevant to determining whether the Regulator should make an order reducing the term of the relevant interest. Order reducing term of interest Notwithstanding any other provision of this Act but subject to sections 31 to 40, where the Regulator is of the opinion that it is in the public interest, the Regulator may, at any time not later than six 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 124, reduce the term of the interest to three years after the date the order is made or such longer period as may be specified in the order. All interests cease Notwithstanding any other provision of this Act but subject to subsections (5) and (6), where an order is made under subsection (3), any 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 ceases to have effect at the end of the period specified in the order. Order ceases to have effect where production commences Where commercial production of petroleum on any portion of the offshore area referred to in subsection (4) commences before the expiration of the period specified in an order made under subsection (3) or the period extended pursuant to subsection (6), the order ceases to have effect and is deemed to have been vacated. Extension of period Subject to sections 31 to 40, the Regulator may extend the period specified in an order made under subsection (3) or may revoke the order. Rights under production licence A production licence confers, with respect to the portions of the offshore area to which the licence applies, the exclusive right to develop those portions of the offshore area in order to produce petroleum; the exclusive right to produce petroleum from those portions of the offshore area; and title to the petroleum so produced. Despite subsection (1), the Regulator may, subject to such terms and conditions as the Regulator deems appropriate, authorize any interest holder of a petroleum-related interest or a share in such an 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 any portion of the offshore area. Issuance of production licence Subject to section 87, the Regulator, on application made in the form and manner and containing such information as may be prescribed, shall issue a production licence to one interest owner, in respect of any one commercial discovery area or portion thereof that is subject to an exploration licence or a significant discovery licence held by that interest owner; and may, subject to such terms and conditions as may be agreed on by the Regulator and the relevant interest owners and to sections 31 to 40, issue a production licence to one interest owner, in respect of two or more commercial discovery areas or portions thereof that are subject to an exploration licence or a significant discovery licence held by that interest owner, or two or more interest owners, in respect of one or more commercial discovery areas or portions thereof that are subject to an exploration licence or a significant discovery licence held by any of those interest owners. Production licence in relation to Crown reserve areas Where a declaration of commercial discovery is in force and the commercial discovery area extends to a Crown reserve area, the Regulator may, after making a call for bids in relation to that Crown reserve area or any portion thereof and selecting a bid submitted in response to the call in accordance with subsection 59(1), issue a production licence to the person who submitted that bid in relation to the Crown reserve area specified in the call. The making of a call for bids and the issuance of a production licence by the Regulator pursuant to subsection (2) is subject to sections 31 to 40. Terms and conditions of production licence A production licence shall be in the form prescribed and may contain any terms and conditions, not inconsistent with this Part or the regulations, as may be agreed on by the Regulator, subject to sections 31 to 40, and the interest owner of the production licence. Consolidation of production licences Subject to sections 31 to 40, the Regulator may, on the application of the interest owners of two or more production licences, consolidate those production licences into a single production licence, on such terms and conditions as may be agreed on by the Regulator and those interest owners. Reduction of area subject to production licence Where a commercial discovery area in relation to a declaration of commercial discovery is decreased pursuant to an amendment made under subsections 71(4) and 78(3), any 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. Increase in areas subject to production licence Where a commercial discovery area in relation to a declaration of commercial discovery is increased pursuant to an amendment made under subsections 71(4) and 78(3), any 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. Term of production licence Subject to subsections (2) to (4), a production licence is effective from the date it is issued and shall be issued for a term of twenty-five years. Where a declaration of commercial discovery on the basis of which a production licence was issued is, pursuant to subsections 71(4) and 78(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 ceases to be in force. Where, on the expiration of the term of a production licence, petroleum is being produced commercially, the term is extended for such period thereafter during which commercial production of petroleum continues. Discretionary extension of term Subject to sections 31 to 40, the Regulator may, by order, on such terms and conditions as may be specified in the order, extend the term of a production licence where commercial production of petroleum from the portions of the offshore area subject to the licence ceases before or on the expiration of the twenty-five year term of the production licence and the Regulator has reasonable grounds to believe that commercial production from such portions of the offshore area will recommence; or the Regulator has reasonable grounds to believe that commercial production of petroleum from such portions of the offshore area will, at any time before or after the expiration of the term of the licence, cease during any period and thereafter recommence. Lapsing of other interests On the issuance of a production licence, any interest in relation to the portions of the offshore area in respect of which the production licence is issued held immediately prior to the issuance of the production licence ceases to have effect in relation to such portions of the offshore area, but otherwise continues to have effect according to its terms and the provisions of this Act. Areas become Crown reserve areas on expiration of term 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. Licence for subsurface storage The Regulator may, subject to any terms and conditions the Regulator considers appropriate, issue a licence for the purpose of subsurface storage of petroleum or any other substance approved by the Regulator in portions of the offshore area at depths greater than twenty metres. Prohibition No portion of the offshore area shall be used for a purpose referred to in subsection (1) without a licence referred to therein. Qualification for production licence No production licence or share in a production licence may be held by any person other than a corporation incorporated in Canada. Regulator’s authority to issue licences The Regulator may issue submerged land licences in respect of any portion of the offshore area in accordance with this Part and the regulations. The issuance of a submerged land licence by the Regulator is subject to sections 40.1 to 40.3. Application of licence may be limited The application of any submerged land licence may be restricted to particular technologies or types of offshore renewable energy resources specified in the licence. Licence not required A submerged land licence is not required for the purpose of carrying on a work or activity described in paragraph (a) of the definition offshore renewable energy project in section 2 that does not require attaching a facility or structure to the seabed. Rights under submerged land licences A submerged land licence confers, with respect to the portions of the offshore area to which it applies and subject to the terms and conditions it specifies, the right to carry on an offshore renewable energy project. Subject to section 94, the Regulator shall not issue a submerged land licence in relation to Crown reserve areas unless prior to issuing the licence, the Regulator has made a call for bids in relation to those Crown reserve areas by publishing a notice in accordance with this section and section 96; and the licence is issued to the person who submitted, in response to the call, a bid selected by the Regulator in accordance with subsection 91(1). The making of a call for bids for the issuance of a submerged land licence is subject to sections 40.1 to 40.3. the submerged land licence to be issued and the portions of the offshore area to which the licence is to apply; if applicable, the particular technologies or types of offshore renewable energy resources to which the licence is to apply; the other terms and conditions subject to which the licence is to be issued; the closing date for the submission of bids; and the criteria that the Regulator will apply in assessing bids submitted in response to the call. A bid submitted in response to a call for bids shall not be selected unless the selection is made on the basis of the criteria specified in the call. If the Regulator selects a bid submitted in response to a call for bids, the Regulator shall publish a notice in accordance with section 96 setting out the terms and conditions of that bid. Recommendation The Regulator shall make an offshore renewable energy recommendation for or against the issuance of a submerged land licence under section 88 respecting all bids selected in accordance with subsection (1). Issuance of licence not required The issuance of a submerged land licence is not required as a result of a call for bids. Licence to be consistent with bid If a submerged land licence is to be issued as a result of a call for bids, the terms and conditions of the licence shall be substantially consistent with any terms and conditions specified in the call. Publication of terms and conditions — issued licence The Regulator shall publish a notice in accordance with section 96 setting out the terms and conditions of any submerged land licence issued as a result of a call for bids as soon as practicable after the licence’s issuance. New call for bids required Subject to section 94, if the Regulator has not issued a submerged land licence with respect to a particular portion of the offshore area specified in a call for bids within 12 months after the closing date specified in the call for bids, the Regulator shall, before issuing a submerged land licence in relation to that portion of the offshore area, make a new call for bids. Exception to call for bids — offshore renewable energy Subject to sections 40.1 to 40.3, the Regulator may issue a submerged land licence, in relation to any Crown reserve area, without making a call for bids if the portion of the offshore area to which the licence is to apply has, through error or inadvertence, become a Crown reserve area and the interest owner who last held a submerged land licence in relation to that portion of the offshore area has, within one year after the time it became a Crown reserve area, requested the Regulator to issue a licence; the Regulator is issuing the licence to an interest owner in exchange for the surrender by the interest owner, at the request of the Regulator, of any other submerged land licence or share in any other such licence, in relation to all or any portion of the offshore area subject to that other licence; or the Federal Minister and the Provincial Minister have directed the Regulator to review an application for the issuance of a submerged land licence that will include the terms and conditions specified by the Ministers. Conditions The terms and conditions referred to in paragraph (1)(c) shall specify that the purpose of the offshore renewable energy project to be carried out under the submerged land licence shall be restricted to any of the following: to conduct research or to demonstrate a technology, approach or method related to the production, transmission or storage of renewable energy; to conduct a site assessment activity; to transmit an energy product produced from a renewable resource; to provide energy for a petroleum-related work or activity; or any other purpose set out in regulations. If the Regulator proposes to issue a submerged land licence under subsection (1), the Regulator shall, not later than 120 days before issuing the licence, publish a notice in accordance with section 96 setting out the terms and conditions of the proposed licence. If a submerged land licence has been issued, it is not vitiated by reason only of a failure to comply with any of the requirements set out in sections 90 to 94 respecting the form and content of, and time and manner of publishing, any notice required by those sections in relation to that licence. Any notice required to be published by the Regulator under subsection 90(1), 91(2), 92(3), 94(3) or 96.3(2) shall be published in the Canada Gazette and in any other publication the Regulator deems appropriate and, despite those subsections, may contain only a summary of the information required to be published and a statement that the full text of the notice is available for inspection by any person on request made to the Regulator. Subject to section 7, the Governor in Council may, for the purposes of section 90, make regulations of general application in relation to the offshore area or any portion of the offshore area, or in respect of any particular call for bids, prescribing the terms, conditions and criteria to be specified in a call for bids and the manner in which bids are to be submitted and requiring those terms, conditions and criteria and manner to be specified in the call. A submerged land licence shall contain any terms and conditions that may be set out in regulations and may contain any other terms and conditions, not inconsistent with this Part or the regulations, that may be agreed on by the Regulator, subject to sections 40.1 to 40.3, and the interest owner of the licence. Subject to section 7, the Governor in Council may make regulations prescribing terms and conditions required to be included in submerged land licences issued in relation to the offshore area or any portion of the offshore area. Amendment of licence Subject to sections 40.1 to 40.3, the Regulator and the interest owner of a submerged land licence may, by agreement, amend any provision of the licence in any manner not inconsistent with this Part or the regulations and may, subject to subsection (2), amend the licence to include any other portion of the offshore area. The Regulator shall not amend a submerged land licence to include any portion of the offshore area that, immediately prior to the inclusion, was a Crown reserve area unless the Regulator would be able to issue an interest to that interest owner in relation to that area under subsection 94(1) and a notice has been published in accordance with section 96 not later than 120 days before making the amendment, setting out the terms and conditions of the amendment. Consolidation of licences Subject to sections 40.1 to 40.3, the Regulator may, on the application of the interest owners of two or more submerged land licences, consolidate those licences into a single submerged land licence, subject to any terms and conditions that may be agreed on by the Regulator and those interest owners. Effective date of licence The effective date of a submerged land licence is the date specified in the licence. Crown reserve areas on expiry of licence On the expiry of the submerged land licence, the portions of the offshore area to which the licence related become Crown reserve areas. Qualification for submerged land licence No submerged land licence or share in a submerged land licence may be held by any person other than a corporation incorporated in Canada. Principles The following principles apply in this Division: all Canadian corporations and individuals resident in Canada shall have a full and fair opportunity to participate on a competitive basis, including in the course of employment, in the supply of goods and services used in any work or activity related to an offshore renewable energy project; importance shall be given to the development of measures that aim to increase the participation of under-represented groups, including in the course of employment, in the supply of goods and services used in any such work or activity; and during the submerged land licence issuance process, importance shall be given to the consideration of effects on fishing activities. Definition of Petroleum and Natural Gas Act In this Division, Petroleum and Natural Gas Act means Part II of the Petroleum and Natural Gas Act, R.S.N.L. 1990, c. P-10, as amended from time to time. Royalties There is reserved to His Majesty in right of Canada, and each holder of a share in a production licence is liable for and shall pay to His Majesty in right of Canada, in accordance with subsection (4), the royalties, interest and penalties that would be payable in respect of petroleum under the Petroleum and Natural Gas Act if the petroleum were produced from areas within the Province. Notwithstanding subsection (2), where petroleum is subject to a royalty under the Petroleum and Natural Gas Act, that petroleum is not subject to a royalty under subsection (2). Subject to this Act and the regulations, the Petroleum and Natural Gas Act and the regulations referred to in subsection (4.1) apply, with any modifications that the circumstances require, for the purposes of this section and, without limiting the generality of the foregoing, a reference in that Act to Her Majesty in Right of the province is to be read as a reference to Her Majesty in right of Canada; and a reference in that Act to the province is to be read as a reference to the offshore area. Application of Newfoundland and Labrador regulations The following regulations apply for the purposes of subsection (4): any regulations made under the Petroleum and Natural Gas Act; and any regulations made under an Act that was replaced by the Petroleum and Natural Gas Act, to the extent that those regulations remain in force in accordance with the laws of the Province and are not inconsistent with the Petroleum and Natural Gas Act. No Crown share No provision of the Petroleum and Natural Gas Act or any regulation made under that Act shall apply so as to reserve to His Majesty a Crown share in any petroleum-related interest issued in respect of any portion of the offshore area. Revenues reserved There is reserved to His Majesty in right of Canada, and each holder of a share in a submerged land licence is liable for and shall pay to His Majesty in right of Canada, in accordance with subsection (2), the revenues, interest and penalties that would be payable under any Act of the Province and any regulations made under that Act in respect of any offshore renewable energy project as if that project were carried out within the Province. Subject to this Act and the regulations, any Act and regulations referred to in subsection (1) apply, with any modifications that the circumstances require, for the purposes of this section. Remedies for unpaid revenues Despite any other provision of this Act or the regulations, for the purposes of this section, if a person is in default under any Act or regulations referred to in subsection (1) in the payment of any amount payable under this section, the Provincial Minister may, as long as the amount remains unpaid, direct the Regulator to refuse to issue to that person any submerged land licence in relation to any portion of the offshore area; refuse to authorize, under Part III, that person to carry on any work or activity related to an offshore renewable energy project and suspend any such authorization already given; and exercise the powers under subsections 123(1) and (4). No remedy pending appeals No remedy may be exercised under subsection (3) in respect of a default in payment of an amount pending any assessment, reassessment, appeal or review in respect of that default under any Act or regulations referred to in subsection (1) or otherwise provided by law. For greater certainty For greater certainty, for the purposes of this Division, revenues, interest and penalties payable under subsection (1) do not include taxes, interest and penalties imposed, levied and collected under Part IV. Power to collect Subject to subsection (6), if an agreement is entered into under subsection (3), royalties, interest and penalties payable under section 97 or revenues, interest and penalties payable under section 97.1, as the case may be, may be collected and administered and refunds in respect of those amounts payable may be granted on behalf of the Government of Canada in accordance with the terms and conditions of the agreement, as amended from time to time under subsection (4). Negotiation of agreement The Federal Minister shall, on the request of the Government of the Province or the Regulator, negotiate an agreement with the Provincial Minister and the Regulator with respect to the collection and administration of the royalties, interest and penalties payable under section 97; and an agreement with the Provincial Minister and the Regulator with respect to the collection and administration of the revenues, interest and penalties payable under section 97.1. Agreement On completion of the negotiation of an agreement under subsection (2), the Federal Minister, with the approval of the Governor in Council, shall, on behalf of the Government of Canada, enter into an agreement with the Government of the Province and the Regulator under which the Regulator shall, on behalf of the Government of Canada, collect and administer the royalties, interest and penalties payable under section 97 or the revenues, interest and penalties payable under section 97.1, as the case may be, and grant refunds or make other payments in respect of those amounts payable, as the case may be, in accordance with the terms and conditions set out in the agreement. Amendments to the agreement The Federal Minister, with the approval of the Governor in Council, may, on behalf of the Government of Canada, enter into an agreement amending the terms and conditions of any agreement entered into pursuant to subsection (3). Proof of provision of agreement A document purporting to be an agreement entered into pursuant to subsection (3) or (4) that is published in the Canada Gazette, or certified as such by, or on behalf of, the Minister of National Revenue, the Receiver General, the Deputy Receiver General or the Federal Minister is, in the absence of evidence to the contrary, evidence of the contents thereof and is admissible in evidence without proof of the signature or official character of the person purporting to have certified it. No further liability — petroleum An agreement entered into under subsection (3) may provide that, if any payment is received by the Government of the Province on account of any royalties, interest, penalties or other sum payable by a person under section 97, or under both section 97 and the Petroleum and Natural Gas Act, that payment may be applied by the Government of the Province towards the royalties, interest, penalties or other sums payable by the person under that section or both that section and that Act in the manner that is specified in the agreement, even if the person directed that the payment be applied in any other manner or made no direction as to its application. No further liability — offshore renewable energy An agreement entered into under subsection (3) may provide that, if any payment is received by the Government of the Province on account of any revenues, interest, penalties or other sum payable in respect of any offshore renewable energy project by a person under section 97.1, or under both section 97.1 and any Act of the Province and any regulations made under that Act, that payment may be applied by the Government of the Province towards the revenues, interest, penalties or other sums payable by the person under that section, or both that section and that Act and those regulations, in the manner that is specified in the agreement, even if the person directed that the payment be applied in any other manner or made no direction as to its application. Relief of liability Any payment or part of a payment applied by the Government of the Province in accordance with an agreement entered into under subsection (3) towards the royalties, interest, penalties or other sums payable by a person under section 97 or the revenues, interest, penalties or other sums payable by a person under section 97.1, as the case may be, relieves that person of liability to pay those amounts payable to the extent of the applied payment or part of that payment; and shall be deemed to have been applied in accordance with a direction made by that person. Remittance to Receiver General All royalties, interests and penalties payable under section 97 and all revenues, interest and penalties payable under section 97.1, including the proceeds of any royalty or revenues payable in kind, shall be made payable and remitted to the Receiver General. Consolidated Revenue Fund On the collection or receipt by the Regulator under this section of any amounts payable, those amounts shall be deposited as soon as practicable to the credit of the Receiver General and paid into the Consolidated Revenue Fund in the manner prescribed by the Treasury Board under the Financial Administration Act. Debts due to His Majesty All royalties, interest and penalties payable under section 97 and all revenues, interest and penalties payable under section 97.1 are debts due to His Majesty in right of Canada and are recoverable from the person required to pay them in accordance with this Division. Fund continued Part VII of the Canada Petroleum Resources Act applies, with such modifications as the circumstances require, within the offshore area. Rates subject to Regulator’s approval The rates fixed by the Federal Minister pursuant to section 80 of the Canada Petroleum Resources Act, as they apply to the offshore area, are subject to approval by the Regulator. Appointment Despite subsection 78(2) of the Canada Petroleum Resources Act, one of the members of the Environmental Studies Management Board established by subsection 78(1) of that Act is to be appointed by the Regulator on the recommendation of the Provincial Minister. Reports and recommendations to Regulator The Environmental Studies Management Board referred to in subsection (3) shall submit to the Regulator a copy of every annual report and recommendation submitted to the Federal Minister under paragraph 79(1)(d) or (e) of the Canada Petroleum Resources Act at the same time the report or recommendation is submitted to the Federal Minister. In this Division, assignment of security interest means a notice of the assignment of a security interest or any part thereof in respect of which a security notice has been registered under this Division; (cession de sûreté) court means the Supreme Court of Newfoundland and Labrador and includes any of its judges; (tribunal) Deputy Registrar means such person as the Regulator may designate as the Deputy Registrar for the purposes of this Division; (directeur adjoint) discharge means a notice of the discharge of a security notice or postponement and includes a partial discharge; (mainlevée) instrument means a discharge, postponement, security notice, transfer or an assignment of a security interest; (acte) operator’s lien means any charge on or right in relation to an interest or a share in an interest that arises under a contract to which the interest owner or holder of the interest or share is a party, that provides for the operator appointed under the contract to carry out any work or activity, in the portions of the offshore area to which the interest or share applies, related to the exploration for or the development or production of petroleum or to offshore renewable energy projects, and 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 such work or activity, and that secures the payments referred to in subparagraph (a)(iii); (privilège de l’exploitant) postponement means a document evidencing the postponement of a security notice or operator’s lien; (cession de priorité) Registrar means such person as the Regulator may designate as the Registrar for the purposes of this Division; (directeur) secured party means the person claiming a security interest under a security notice; (partie garantie) security interest means any charge on or right in relation to an interest or a share in an interest that, pursuant to a written agreement, secures any payment or performance of an obligation, including the payment of an indebtedness arising from an existing or future loan or advance of money, a bond, debenture or other security of a corporation, or the performance of the obligations of a guarantor under a guarantee given in respect of all or any part of an indebtedness referred to in paragraph (a) or all or any part of a bond, debenture or other security of a corporation, and includes a security given under section 426 of the Bank Act, but does not include an operator’s lien; (sûreté) security notice means a notice of a security interest; (Version anglaise seulement) transfer means a transfer of an interest or a share in an interest. (transfert) Assignees deemed secured parties 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 security interest relates, be read as a reference to the assignee named in the assignment of security interest. Notice of disposition of any interest If an interest holder of an interest or any 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 share, the interest holder shall give notice of such agreement or arrangement to the Regulator, together with a summary of its terms and conditions or, on the request of the Regulator, a copy of the agreement or arrangement. Conditions of transfer A submerged land licence shall only be transferred, assigned or otherwise disposed of under subsection (1) if the Regulator is satisfied that the terms and conditions of the licence can be met following the transfer, assignment or other disposition. [Repealed, 1993, c. 47, s. 9] Establishment of register 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. Duties of Registrar and Deputy Registrar The Registrar and Deputy Registrar shall exercise such powers and perform such duties and functions in respect of the register and the system of registration established under this Division as may be prescribed. Prohibition against registration of documents except instruments No document other than an interest or instrument may be registered under this Division. Requirements of registration No instrument may be registered under this Division unless it has been submitted for registration in the form prescribed for that instrument, in such manner and containing such information as may be prescribed, and meets any other requirement for the registration thereof prescribed by this Division and the regulations. [Repealed, 1993, c. 47, s. 10] Requirements of registering security notice No security notice may be registered under this Division unless the security notice specifies the nature of the security interest claimed; the person from whom the security interest was acquired; the documents giving rise to the security interest; and such other particulars in respect thereof as may be prescribed. Notice of official address No instrument may 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. Revision of notice of official address 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. Security notice carries forward to new interests Where a significant discovery licence or production licence is issued at any time in respect of any 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 issuance 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 prior to the registration of the security notice. Registration Every 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 thereof prescribed by this Division and the regulations, the Registrar shall register the instrument in accordance with this Division and the regulations. Refusal to register Where the Registrar refuses to register any 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. Memorandum of registration 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. Chronological order of receipt for registration Instruments accepted for registration under this Division shall be registered in the chronological order in which such instruments are received by the Registrar. Deemed notice The registration of an instrument under this Division shall be deemed 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 deemed to constitute actual notice to all persons who may serve a demand for information under section 113 in respect of the security notice of the contents of the documents specified in the security notice. Priority of rights Subject to subsections (2) and (5), any particular right, in relation to an interest or a share therein, in respect of which an instrument has been registered under this Division at any time has priority over and is valid against any other right, in relation to that interest or share, in respect of which an instrument may be registered under this Division, where the instrument was not so registered, or where the instrument was so registered after that time, whether that other right was acquired before or after that particular right; or in respect of which an instrument may not be registered under this Division, acquired after that time. Transitional Where any right in respect of which an instrument may be registered under this Division was acquired before the coming into force of this section and an instrument in respect of such right is registered under this Division not later than one hundred and eighty days after the coming into force of this section, the priority and validity of such 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. Notwithstanding subsection (2), no right in respect of which that subsection applies shall have priority over and be valid against any other 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 such right with actual knowledge of the other right. No instrument in respect of any right to which subsection (2) applies shall be registered unless it is accompanied by the statutory declaration, in prescribed form, of the person claiming such right, attesting to the time at which such right was acquired. Operator’s lien An operator’s lien, in relation to an interest or share therein, shall, without registration of any document evidencing the operator’s lien, have priority over and be valid against any other 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 such 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. Demand for information 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 therein where that person is the holder of that interest or share; is specified in the security notice as the person from whom the security interest was acquired; is the secured party under another security notice registered under this Division in relation to that interest or share; is a member of a class of persons prescribed by the regulations for the purposes of this subsection; or obtains leave to do so from the court. Contents of demand notice A demand for information, in respect of a security notice, may be served pursuant to subsection (1) by serving on the secured party under the security notice a demand notice, in prescribed form, requiring the secured party to inform the person serving the demand notice, within fifteen days after service of the notice, of the place where the documents specified in the security notice or copies thereof are located and available for examination, and of the normal business hours during which the examination may be made; and to make such documents or copies thereof 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. Service A demand for information is served for the purposes of this section if 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. Compliance with demand A demand for information served pursuant to 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. Court order where failure to comply 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 therein 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.

Where failure to comply with court order 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, make any other order the court considers necessary to ensure compliance with the order made under subsection (5); or make an order directing the Registrar to cancel the registration of the security notice. Definition of document In this section, document includes any amendment to the document. Notice to take proceedings A person who may serve a demand for information in respect of a security notice in relation to an interest or a share therein pursuant to subsection 113(1) may 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 sixty 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 commence proceedings in the court, requiring the secured party to show cause why the registration of the security notice should not be cancelled. Order to shorten notice to take proceedings The court may, by order, on the ex parte application of a person who proposes to serve a notice to take proceedings under subsection (1), shorten the sixty day period referred to in paragraph (1)(a) and, if the order is made, paragraph (1)(a) shall, in relation to that notice to take proceedings, be deemed to refer to the shorter period; and a certified copy of the order shall be served with that notice to take proceedings. Order to extend notice to take proceedings 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). A notice to take proceedings is served for the purposes 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. Cancellation of registration of security notice The registration of a security notice shall be cancelled on submission to the Registrar of a statutory declaration showing that a notice to take proceedings was served in accordance with this section; and no application was commenced in accordance with the notice to take proceedings or within the period extended pursuant to subsection (3) or an application so made was dismissed by the court or discontinued. No further registration after cancellation Where the registration of a security notice in respect of a security interest is cancelled pursuant to 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. Cancellation of registration on order of court 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. Transfer effective on registration A transfer of an interest or a share therein is not effective against the Crown prior to the registration of the transfer. No restriction on rights of Board or Her Majesty For greater certainty, the registration of an instrument does not restrict or in any manner affect any right or power of the Regulator or of the Ministers under this Part, the regulations or the terms of any interest; and does not derogate from any proprietary right or any right to dispose of or exploit natural resources that Her Majesty in right of Canada has under this Act in respect of any portion of the offshore area. No action for acts done in performance of official functions No action or other proceedings for damages shall be commenced 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. Subject to section 7, the Governor in Council may make regulations for carrying out the purposes and provisions of this Division and, without restricting the generality of the foregoing, may make regulations prescribing the powers, duties and functions of the Registrar and Deputy Registrar for the purposes 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 Regulator of any person or class of persons to exercise such powers and perform such duties and functions as may be specified in the regulations; governing the books, abstracts and indexes 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 therein; governing the filing of copies of interests, registered instruments and other documents in the register established under this Division; governing public access to and searches of the register; and [Repealed, 2015, c. 4, s. 45] prescribing any other matter or thing that is by this Division to be prescribed. 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; (puits de délimitation) 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; (puits d’exploitation) engineering research or feasibility study includes work undertaken to facilitate the design or to analyse the viability of engineering technology, systems or schemes to be used, in the offshore area, in the exploration for or the development, production or transportation of petroleum or in offshore renewable energy projects; (recherches ou études techniques) 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, flora and fauna both onshore and offshore, human activity and habitation and any related matters; (études de l’environnement) experimental project means work or activity involving the utilization of methods or equipment that are untried or unproven; (opération expérimentale) exploratory well means a well drilled on a geological feature on which a significant discovery has not been made; (puits d’exploration) 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 any portion of the offshore area and includes the analysis and interpretation of mechanical well logs; (travaux de géologie) 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 thereof and includes the processing, analysis and interpretation of material or data obtained from such work; (travaux de géophysique) geotechnical work means work, in the field or laboratory, undertaken to determine the physical properties of materials recovered from the seabed or subsoil of any portion of the offshore area; (travaux de géotechnique) well site seabed survey means a survey pertaining to the nature of the seabed or subsoil of any 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; (levé marin) well termination date means the date on which a well has been abandoned, completed or suspended in accordance with any applicable regulations respecting the drilling for petroleum made under Part III. (date d’abandon du puits) Privilege Subject to section 18 and this section, information or documentation provided for the purposes of this Part or Part III or any regulation made under either Part, whether or not such information or documentation is required to be provided under either Part or any regulation made thereunder, is privileged and shall not knowingly be disclosed without the consent in writing 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 such administration or enforcement. No person shall be required to produce or give evidence relating to any information or documentation that is privileged under subsection (2) in connection with any legal proceedings, other than proceedings relating to the administration or enforcement of this Part or Part III. Registration of documents For greater certainty, this section does not apply to a document that has been registered under Division VIII. Information that may be disclosed Subsection (2) does not apply to the following classes of information or documentation obtained as a result of carrying on a work or activity that is authorized under Part III, namely, information or documentation in respect of an exploratory well, where the information or documentation is obtained as a direct result of drilling the well and if two years have passed since the well termination date of that well; a delineation well, where the information or documentation is obtained as a direct result of drilling the well and if the later of two years since the well termination date of the relevant exploratory well, and ninety days since the well termination date of the delineation well, have passed; a development well, where the information or documentation is obtained as a direct result of drilling the well and if the later of sixty days since the well termination date of the development well, geological work or geophysical work performed on or in relation to any portion of the offshore area, 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 (c)(i) or (ii), according to whether paragraph (a), (b) or (c) is applicable in respect of that well, in any other case relating to a petroleum-related work or activity, after the end of five years following the date of completion of the work, or in any case relating to an offshore renewable energy project, after the end of the time set out by regulations or, in the absence of regulations, three years following the date of completion of the geological or geophysical work; any engineering research or feasibility study or experimental project, including geotechnical work, carried out on or in relation to any portion of the offshore area, 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 (c)(i) or (ii), according to whether paragraph (a), (b) or (c) is applicable in respect of that well, in any other case relating to a petroleum-related work or activity, after the end of five years following the date of completion of the research, study or experimental project or after the reversion of that portion of the offshore area to Crown reserve areas, whichever occurs first, or in any case relating to an offshore renewable energy project, after the earlier of: the end of the period set out by regulations or, in the absence of regulations, three years following the date of completion of the research, study or experimental project, and the reversion of that portion of the offshore area to Crown reserve areas; any contingency plan formulated in respect of emergencies arising as a result of any work or activity authorized under Part III; diving work, weather observation or the status of operational activities or of the development of or production from a pool or field; 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; any study funded from an account established under subsection 76(1) of the Canada Petroleum Resources Act, if the study has been completed; and an environmental study, other than a study referred to in paragraph (h), in any other case relating to a petroleum-related work or activity, if five years have passed since the completion of the study, or in any case relating to an offshore renewable energy project, if the period set out by regulations has passed since the completion of the study or, in the absence of regulations, if three years have passed since the completion of that study. Disclosure — governments and agencies The Regulator may disclose any information or documentation that it obtains under this Part or Part III — to officials of the Government of Canada, the Government of the Province or any other provincial government, or a foreign government or to the representatives of any of their agencies — for the purposes of a federal, provincial or foreign law, as the case may be, that deals primarily with a petroleum-related work or activity, including the exploration for and the management, administration and exploitation of petroleum resources, or with an offshore renewable energy project, if the government or agency undertakes to keep the information or documentation confidential and not to disclose it without the Regulator’s written consent; the information and documentation is disclosed in accordance with any conditions agreed to by the Regulator and the government or agency; and in the case of disclosure to a foreign government or agency, the Federal Minister and Provincial Minister consent in writing. Disclosure — Minister The Regulator may disclose to the Federal Minister and 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 that information or documentation unless the Regulator consents in writing to that disclosure or the Federal Minister or the Provincial Minister is required by an Act of Parliament or an Act of the Legislature of the Province, as the case may be, to disclose that information or documentation. Consent For the purposes of paragraph (6)(a) and subsection (7), the Regulator may consent to the further disclosure of information or documentation only if the Regulator itself is authorized under this section to disclose it. Applicant and proposed work or activity Subsection (2) does not apply in respect of information regarding the applicant for an operating licence or authorization under subsection 138(1) or authorization under subsection 138.01(1) or in respect of the scope, purpose, location, timing and nature of the proposed work or activity for which the licence or authorization is sought. Public notice The Regulator shall make public a summary of the information referred to in subsection (9) in respect of a work or activity for which the Impact Assessment Agency of Canada decided under section 16 of the Impact Assessment Act that an impact assessment is not required or which is excluded under section 112.1 of that Act. Public hearing Subsection (2) does not apply in respect of information or documentation provided for the purposes of a public hearing conducted under section 44.1. Safety or environmental protection Subject to section 119.1, the Regulator may disclose, including for the purposes of the Impact Assessment Act, 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 138(1) or authorization under subsection 138.01(1), or to an operating licence or authorization that is issued under one of those subsections or provided in accordance with any regulations made under this Part or Part III. The Regulator is not, however, permitted to disclose information or documentation if it is satisfied that disclosure of it could reasonably be expected to result in a material loss or gain to a person, or to prejudice their competitive position, and the potential harm resulting from the disclosure outweighs the public interest in making the disclosure; 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 there is a real and substantial risk that disclosure of it will impair the security of pipelines, as defined in section 135, installations, facilities, vessels, aircraft, or systems, including computer or communication systems, used for any work or activity in respect of which this Act applies — or methods employed to protect them — and the need to prevent its disclosure outweighs the public interest in its disclosure. Subsections (9) to (11) do not apply in respect of information or documentation described in paragraphs (5)(a) to (e) and (i). Notice — subsection 119(11) If the Regulator intends to disclose any information or documentation under subsection 119(11), the Regulator shall make every reasonable effort to give the person who provided it written notice of the Regulator’s intention to disclose it. Waiver of notice Any person to whom a notice is required to be given under subsection (1) may waive the requirement, and if they have consented to the disclosure they are deemed to have waived the requirement. Contents of notice A notice given under subsection (1) shall include a statement that the Regulator intends to disclose information or documentation under subsection 119(11); a description of the information or documentation that was provided by the person to whom the notice is given; and a statement that the person may, within 20 days after the day on which the notice is given, make written representations to the Regulator as to why the information or documentation, or a portion of it, should not be disclosed. Representations If a notice is given to a person under subsection (1), the Regulator shall give the person the opportunity to make, within 20 days after the day on which the notice is given, written representations to the Regulator as to why the information or documentation, or a portion of it, should not be disclosed; and 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. Contents of notice of decision to disclose A notice given under paragraph (4)(b) of a decision to disclose information or documentation shall include 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 a statement that if no review is requested under subsection (7) within 20 days after the day on which the notice is given, the Regulator shall disclose the information or documentation. Disclosure of information or documentation If, under paragraph (4)(b), the Regulator decides to disclose the information or documentation, the Regulator 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). Review Any person to whom the Regulator 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 Supreme Court of Newfoundland and Labrador for a review of the decision. Hearing in summary way An application made under subsection (7) shall be heard and determined in a summary way in accordance with any applicable rules of practice and procedure of that Court. Court to take precautions against disclosing In any proceedings arising from an application under subsection (7), the Supreme Court of Newfoundland and Labrador shall take every reasonable precaution, including, when appropriate, conducting hearings in camera, 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. [Repealed, 1992, c. 35, s. 49] Operating agreements Where a dispute of a prescribed class arises between two or more interest holders of an interest in respect of any operations conducted in carrying out a work or activity in the offshore area authorized under Part III and an operating agreement or other similar arrangement that extends to such work or activity is not in force or was made prior to March 5, 1982, the matters in dispute may, by order of the Regulator, be submitted to arbitration conducted in accordance with the regulations. Subsection (1) applies only in respect of interests in force on March 5, 1982 in relation to any portion of the offshore area; and 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). Arbitration order An order of an arbitrator made pursuant to 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 deemed to be terms and conditions of the interest to which the matters relate. Subject to section 7, the Governor in Council may make regulations for carrying out the purposes and provisions of section 121 and, without restricting the generality of the foregoing, may make regulations governing arbitration and the making of arbitration orders; prescribing the classes of disputes that may be submitted to arbitration; and governing appeals from and enforcement of arbitration orders. Application of regulations Regulations made under subsection (1) may apply generally to the offshore area or any portion thereof. Notice to comply If the Regulator has reason to believe that an interest owner or holder is failing or has failed to meet any requirement of this Part or Part III or III.1 or any regulation made under any of those Parts, the Regulator may give notice to that interest owner or holder requiring compliance with the requirement within 90 days after the day on which the notice is given or within any longer period that the Regulator considers appropriate. Default — petroleum Despite anything in this Part but subject to sections 31 to 40 and subsection 123(3), if the interest owner or holder of a petroleum-related interest fails to comply with a notice under subsection (1) within the period specified in the notice and the Regulator considers that the failure to comply warrants cancellation of the interest of the interest owner or holder of or any share in the interest held by the holder with respect to a portion only of the offshore area subject to the interest, the Regulator may, by order subject to section 124, cancel that interest or share, in which case the portions of the offshore area under that interest or share become Crown reserve areas. Non-application of section 124 The Regulator’s order to cancel an exploration licence, significant discovery licence or production licence under subsection (2) is not subject to section 124 if the notice under subsection (1) relates to a failure to meet any of the terms and conditions contained in that licence. Default — offshore renewable energy Despite anything in this Part but subject to sections 40.1 to 40.3, if the interest owner or holder of a submerged land licence fails to comply with a notice under subsection (1) within the period specified in the notice and the Regulator considers that the failure to comply warrants cancellation of the licence of the interest owner or holder or any share in the licence held by the holder, the Regulator may, by order, cancel that licence or share, in which case the portions of the offshore area under that licence or share become Crown reserve areas. Definition of Committee In this section, Committee means the Oil and Gas Committee established by Part III. The Regulator shall, not less than thirty days before making any order or decision or taking any action in respect of which it is expressly stated in this Part to be subject to this section, give notice in writing to the persons the Regulator considers to be directly affected by the proposed order, decision or action. Request for hearing Any person receiving a notice under subsection (2) may, in writing, request a hearing within the thirty day period referred to in that subsection and, on receipt of such a request, the Regulator shall direct the Committee to appoint a time and place for a hearing and give notice thereof to the person who requested the hearing. Hearing Any person requesting a hearing under subsection (3) may make representations and introduce witnesses and documents at the hearing. Powers of Committee 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 such powers, rights and privileges as are vested in a superior court of record. Recommendations of Committee On the conclusion of the hearing, the Committee shall submit to the Regulator its recommendations concerning the proposed order, decision or action of the Regulator, together with the evidence and other material that was before the Committee. Order of Regulator Before making any order or decision or taking any action in respect of which a hearing has been held, the Regulator shall consider the recommendations of the Committee. Notification of order and reasons If an order, decision or action referred to in subsection (2) is made or taken, the Regulator 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. Effective date of order An order, decision or action referred to in subsection (2) takes effect as of the day that immediately follows the last day of the thirty day period referred to in that subsection, where no hearing is requested under subsection (3); or the day that the order or decision is made or the action is taken by the Regulator, where a hearing is requested under subsection (3). Judicial review Any 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 Supreme Court of Newfoundland and Labrador. Subject to section 7, the Governor in Council may make regulations for carrying out the purposes and provisions of this Part and, without restricting the generality of the foregoing, may make regulations not inconsistent with the Canada Lands Surveys Act authorizing or requiring the survey, division and subdivision of the offshore area and defining and describing those divisions and subdivisions; prescribing the information and documentation to be provided by interest owners and interest holders for the purposes of this Part, the time when and manner in which such information and documentation is to be provided, authorizing the Regulator to prescribe the form in which it is to be provided and requiring such information and documentation to be provided in accordance with the regulations; requiring fees and deposits to be paid in respect of interests, prescribing the amounts of such fees and deposits, the time and manner of their payment and providing for the administration of such fees and deposits and the disposition and return of deposits; and prescribing any other matter or thing that by this Part is to be prescribed or that is to be done by regulations. [Repealed, 2024, c. 20, s. 51] Forms The Regulator may prescribe any form or any information to be given on a form that is by this Part or the regulations to be prescribed and may include on any 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 the knowledge of that person, true, accurate and complete. Forms prescribed or authorized Every form purporting to be a form prescribed or authorized by the Regulator shall be deemed to be a form prescribed by the Regulator under this Part unless called in question by the Regulator or some person acting for the Regulator or Her Majesty in right of Canada or the Province. Forms not regulations Where a form or information to be given on a form is prescribed by the Regulator pursuant to this Act, it shall be deemed not to be a regulation within the meaning of the Statutory Instruments Act. Exploration agreements extant are continued Where an exploration agreement in relation to any portion of the offshore area was entered into or negotiations in respect thereof were completed under the Canada Oil and Gas Act before the coming into force of this section, 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. Declarations of significant discovery are continued Where a declaration of significant discovery was made under section 44 of the Canada Oil and Gas Act and is in force on the coming into force of this section, it continues in force as if it were made pursuant to section 71 of this Part. Deemed significant discovery licence Where, on the coming into force of this section, an exploration agreement is continuing in force pursuant to subsection 16(4) of the Canada Oil and Gas Act, it shall be deemed to be a significant discovery licence issued under this Part on the coming into force of this section and is subject to this Part. Replacement of rights Subject to section 127 and subsection 129(2), the petroleum-related interests provided for under this Part replace all petroleum rights or prospects of petroleum rights acquired or vested in relation to any portion of the offshore area prior to the coming into force of this section. No party shall have any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any servant or agent thereof for any acquired, vested or future right or entitlement or any prospect thereof that is replaced or otherwise affected by this Part, or for any duty or liability imposed on that party by this Part. Regulations continue in force 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. Former interests All interests provided by the Canada Oil and Gas Land Regulations that are in force on the coming into force of this section continue in force subject to sections 130 to 133. Petro-Canada rights abrogated 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. Where any 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. Dealings not vitiated for failure to comply with regulations 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 any right under section 33, 120 or 121 of the Canada Oil and Gas Land Regulations, no such acquisition, disposition or dealing is vitiated by reason only of the failure to give Petro-Canada a notice required under any of those sections; or the erroneous determination of a Canadian participation rate under those regulations. Retrospective application Subsection (5) has retrospective application to any acquisition, disposition or dealing that occurred prior to March 5, 1982. Definition of Petro Canada In this section, Petro-Canada means the corporation established by the Petro-Canada Act. Former permits, former special renewal permits and former exploration agreements Subject to sections 132 and 133, the interest owner of a former permit, former special renewal permit or former exploration agreement shall, on or before the first anniversary date of any such interest following March 5, 1982 or on or before six months following such date, whichever is the later, negotiate an exploration licence with the Regulator subject to sections 31 to 40. Surrender 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 deemed to be surrendered and becomes a Crown reserve area. Extension Notwithstanding anything in this Part, an exploration licence under subsection (1) may be extended to include all or any portion of the offshore area under the preceding interest and any related portions of the offshore area that, immediately prior to such extension, were Crown reserve areas. Where drilling commitment exists Where a former special renewal permit or former exploration agreement contains provisions for the drilling of one or more wells, the Regulator 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. Former leases Subject to sections 132 and 133, the interest owner of a former lease shall, on or before the first anniversary date of the former lease following March 5, 1982 or on or before six months following such date, whichever is the later, negotiate an exploration licence with the Regulator subject to sections 31 to 40. Where an interest owner referred to in subsection (1) does not comply with that subsection, the portion of the offshore area under the former lease is deemed to be surrendered and becomes a Crown reserve area. Subsection 130(3) applies, with such modifications as the circumstances require, to lands that may be included in an exploration licence under subsection (1). Extension of time Where an exploration licence required to be negotiated under section 130 or 131 cannot be negotiated within the period provided in those sections for any reason not attributable to the interest owner, the Regulator shall extend that period to allow for such negotiation within a reasonable time. Consolidated exploration licence One or more interest owners of former permits, former special renewal permits, former exploration agreements or former leases may, for the purposes of complying with subsection 130(1) or 131(1), negotiate together a single exploration licence that would consolidate any number or combination of such interests held by those interest owners. Terms and conditions of exploration licence Subject to sections 31 to 40, an exploration licence negotiated pursuant to subsection (1) shall contain any terms and conditions that may be agreed on by the Regulator and the interest owners thereof. Crown share abrogated For greater certainty, the reservation to Her Majesty in right of Canada of a Crown share in any interest granted or entered into under the Canada Oil and Gas Act prior to the coming into force of this section is abrogated as of the day this section comes into force. Despite subsection 75(3) and subject to subsection 85(1), if the interest holder of an exploration licence issued before 2017 applies for a declaration of significant discovery in relation to any portion of the offshore area to which that licence applies and if the significant discovery is indicated by the first well on a geological feature that demonstrates, by flow testing, the existence of hydrocarbons in that feature, any significant discovery licence issued for that significant discovery area continues in force, in relation to each portion of the offshore area to which the licence applies, for as long as the declaration of significant discovery on the basis of which the licence was issued remains in force in relation to that portion. Chief Conservation Officer means the person designated as the Chief Conservation Officer pursuant to section 140; (délégué à l’exploitation) Chief Safety Officer means the person designated as the Chief Safety Officer pursuant to section 140; (délégué à la sécurité) Committee means the Oil and Gas Committee established by section 141; (Comité) lease means an oil and gas lease issued pursuant to regulations made in accordance with the Territorial Lands Act and the Public Lands Grants Act and includes a production licence issued under Part II; (concession) permit means an exploratory oil and gas permit issued pursuant to regulations made in accordance with the Territorial Lands Act and the Public Lands Grants Act and includes an exploration agreement entered into under the Canada Oil and Gas Land Regulations and any exploration agreement or licence that is subject to Part II; (permis) pipeline means any pipe or any system or arrangement of pipes by which petroleum or water incidental to the drilling for or production of petroleum is conveyed from any wellhead or other place at which it is produced to any other place, or from any place where it is stored, processed or treated to any other place, and includes all property of any kind 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, without restricting the generality of the foregoing, 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 any pipe or any system or arrangement of pipes that constitutes a distribution system for the distribution of gas to ultimate consumers; (pipe-line) well means any opening in the ground (not being a seismic shot hole) that is made, is to be made or is in the process of being made, by drilling, boring or other method, for the production of petroleum, for the purpose of searching for or obtaining petroleum, for the purpose of obtaining water to inject into an underground formation, for the purpose of injecting gas, air, water or other substance into an under ground formation, or for any purpose, if made through sedimentary rocks to a depth of at least one hundred and fifty metres. (puits) Purpose The purpose of this Part is to promote safety, particularly by encouraging persons exploring for and exploiting petroleum or carrying on an offshore renewable energy project to maintain a prudent regime for achieving safety; the protection of the environment; accountability in accordance with the “polluter pays” principle; and in respect of the exploration for and exploitation of petroleum, the conservation of petroleum resources and joint production arrangements. This Part applies in respect of the exploration and drilling for and the production, conservation, processing and transportation of petroleum, and in respect of offshore renewable energy projects, in the offshore area. Designation The Provincial Minister may designate one of the members of the Oil and Gas Administration Advisory Council established by the Canada Oil and Gas Operations Act. Approval The Provincial Minister may approve the establishment of the Offshore Oil and Gas Training Standards Advisory Board by the federal Ministers pursuant to subsection 5.5(1) of the Canada Oil and Gas Operations Act. No person shall 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 that person is the holder of an operating licence issued under paragraph 138(1)(a); that person is the holder of an authorization issued, before the commencement of operations, under paragraph 138(1)(b) for each such work or activity; and 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. Prohibition — offshore renewable energy No person shall carry on any work or activity related to an offshore renewable energy project unless that person is the holder of an authorization issued, before the commencement of operations, under subsection 138.01(1) for the work or activity; and if 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. The Regulator may delegate any of the Regulator’s powers under section 138, 138.01, 138.2, 138.3, 139.1, 139.2, 162.1, 163, 183.2 or 183.21 to any person, and the person shall exercise those powers in accordance with the terms of the delegation. Licences and authorizations The Regulator may, on application made in the form and containing the information fixed by it, and made in the prescribed manner, issue in relation to petroleum-related works or activities an operating licence; and subject to section 45, an authorization with respect to each work or activity proposed to be carried on. Term and renewals An operating licence expires on the thirty-first day of March immediately after the day on which it is issued and may be renewed for successive periods not exceeding one year each. Requirements for operating licence An operating licence is subject to any requirements that are determined by the Regulator or that are prescribed and to any deposits that are prescribed. Copy to Chief Safety Officer On receipt by the Regulator 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 Regulator shall provide a copy of the application to the Chief Safety Officer. Requirements for authorization An authorization is subject to such approvals as the Regulator determines or as may be granted in accordance with the regulations and such requirements and deposits as the Regulator determines or as may be prescribed, including requirements relating to liability for loss, damage, costs or expenses; requirements for the carrying out of environmental programs or studies; requirements that are conditions established under the Impact Assessment Act, including those established under section 64 of that Act or by regulations made under paragraph 112(1)(a.2) of that Act; and requirements for the payment of expenses incurred by the Regulator in approving the design, construction and operation of production facilities and production platforms, as those terms are defined in the regulations. Limitation The approvals, requirements and deposits that are determined, granted or prescribed shall not be inconsistent with the provisions of this Act or the regulations. Suspension or revocation The Regulator may suspend or revoke an operating licence or an authorization for failure to comply with, contravention of or default in respect of a requirement, approval or deposit, determined by the Regulator 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; a fee or charge payable in accordance with regulations made under section 29.1; a requirement undertaken in a declaration referred to in subsection 139.1(1); subsection 139.1(3), 139.2(2), 162.1(4) or (5) or 163(1.1), (1.2) or (5); any provision of Part III.1; or any applicable regulation. Authorizations The Regulator may, on application containing any information required by the Regulator or prescribed, issue an authorization with respect to each work or activity proposed to be carried out in relation to an offshore renewable energy project. Copy of application On receipt by the Regulator of an application for an authorization referred to in subsection (1) or of an application to amend the authorization, the Regulator shall provide a copy of the application to the Chief Safety Officer. Terms and conditions of authorization An authorization is subject to any terms and conditions required by the Regulator or prescribed, including terms or conditions with respect to approvals; deposits of money; liability for loss, damage, costs or expenses related to debris, as defined in subsection 183.17(1); the carrying out of safety studies or environmental programs or studies; conditions established under the Impact Assessment Act, including those established under section 64 of that Act or by regulations made under paragraph 112(1)(a.2) of that Act; and certificates of fitness and who may issue them. The terms and conditions shall not be inconsistent with the provisions of this Act or the regulations. The Regulator may suspend or revoke an authorization referred to in subsection (1) for failure to comply with, contravention of or default in respect of a term or condition, determined by the Regulator in accordance with the provisions of this Part or Part III.1 or prescribed under either of those Parts, subject to which the authorization was issued; a requirement undertaken in a declaration referred to in subsection 139.1(2); subsection 139.1(3), 183.2(3) or 183.21(2); Definition of designated project For the purposes of this section and sections 138.012 to 138.016, designated project means a designated project, as defined in section 2 of the Impact Assessment Act, that is a work or activity referred to in section 137 or 137.01 of this Act. Impact assessment If an application for an authorization made under paragraph 138(1)(b) or subsection 138.01(1) or an application made under subsection 139(2) is in respect of a designated project, the Regulator may not make a determination respecting that application before the Impact Assessment Agency of Canada decides, under subsection 16(1) of the Impact Assessment Act, that an impact assessment of that project is not required; or the Minister of the Environment has issued a decision statement under section 65 of that Act.

Designating a work or activity If the Minister of the Environment considers designating, under section 9 of the Impact Assessment Act, a work or activity referred to in section 137 or 137.01 of this Act, the Chairperson of the Regulator shall provide the Minister with comments respecting this designation. Consultation with Ministers Before providing the Minister of the Environment with comments, the Chairperson of the Regulator may consult with the Federal Minister and the Provincial Minister and, in that event, the Chairperson shall consult with both Ministers. Access to information by Impact Assessment Agency The Regulator shall provide the Impact Assessment Agency of Canada, on request and within the period specified by the Agency under subsection 13(1) of the Impact Assessment Act, with any specialist or expert information or knowledge that the Regulator possesses. Engaging proponent The Regulator shall, on the Agency’s request made under subsection 13(2) of the Impact Assessment Act, engage the proponent of the designated project in order to specify to the proponent the information, if any, that the Regulator may require in order to exercise its powers or perform its duties or functions with respect to that project. Comments for Agency — notice The Chairperson of the Regulator shall provide the Agency with comments for any work or activity referred to in section 137 or 137.01 that is the subject of a notice posted under subsection 15(3) of the Impact Assessment Act in order to assist the Agency to decide whether an impact assessment of that work or activity is required. Before providing the Agency with comments, the Chairperson of the Regulator may consult with the Federal Minister and the Provincial Minister and, in that event, the Chairperson shall consult with both Ministers. Comments for Agency — time limits If the Agency decides that an impact assessment of the designated project is required, the Chairperson of the Regulator shall provide the Agency with comments respecting the time limits referred to in subsections 28(2) and 37(1) of the Impact Assessment Act within which the impact assessment report shall be submitted to the Minister of the Environment and within which any recommendations shall be posted on the Internet site established by the Agency. Comments — time extension The Chairperson of the Regulator shall provide the Minister of the Environment with comments respecting any extension to the time limits that is considered under subsection 28(6) or (7) or 37(3) or (4) of the Impact Assessment Act. Comments for Agency — information or studies If the Agency decides that an impact assessment of the designated project is required, the Regulator shall provide the Agency with comments respecting the scope of the factors that the Agency takes into account in determining, under subsection 18(1.2) of the Impact Assessment Act, what information or which studies it considers necessary and that it may require from the proponent for the conduct of the impact assessment; the information or studies that the Regulator considers necessary for the conduct of the impact assessment or preparation of the impact assessment report, as the case may be, and that the Agency may require from the proponent under paragraph 18(1)(a), subsections 19(3) and 26(2) and section 38 of that Act; and whether the proponent has provided the Agency with all of the information or studies necessary for the conduct of the impact assessment or preparation of the impact assessment report. Access to information by Agency or review panel The Regulator shall provide the Impact Assessment Agency of Canada or a review panel, on request and within the period specified by the Agency or review panel under section 23 of the Impact Assessment Act, with any specialist or expert information or knowledge that the Regulator possesses. Comments for Agency — conditions If the Impact Assessment Agency of Canada or review panel is to make recommendations respecting a designated project to assist the Minister of the Environment in establishing conditions under section 64 of the Impact Assessment Act, including respecting mitigation measures, a follow-up program or an adaptive management plan, the Regulator shall provide the Agency or review panel, as the case may be, with comments respecting those conditions. Federal authority’s obligation Every federal authority, as defined in section 2 of the Impact Assessment Act, shall provide the Regulator, on request and within the period specified by the Regulator, with any specialist or expert information or knowledge that the authority possesses and that the Regulator may require in order to decide whether to authorize a work or activity under subsection 138(1) or 138.01(1); decide whether to approve a development plan under subsection 139(4) or any amendment to that plan under subsection 139(5); or conduct a regional assessment under section 138.017 or a strategic assessment under section 138.018. Access to information by authority The Regulator shall provide an authority, as defined in section 81 of the Impact Assessment Act, on request and within the period specified by the authority under section 85 of that Act, with any specialist or expert information or knowledge that the Regulator possesses respecting a project, as defined in section 81 of that Act. Regional assessments The Regulator may conduct a regional assessment of the effects of any existing or future work or activity referred to in sections 137 or 137.01. Agreement between Ministers The Federal Minister and the Provincial Minister may enter into an agreement with any jurisdiction authorized under any other federal or provincial legislation to conduct a regional assessment of the effects of any existing or future work or activity referred to in sections 137 or 137.01, including to specify the time limits and terms of that regional assessment. Strategic assessments The Regulator may conduct a strategic assessment of any proposed or existing policy, plan or program respecting the offshore area or of any issue that is relevant to any existing or future work or activity referred to in sections 137 or 137.01. The Federal Minister and the Provincial Minister may enter into an agreement with any jurisdiction authorized under any other federal or provincial legislation to conduct a strategic assessment of any proposed or existing policy, plan or program respecting the offshore area or of any issue that is relevant to any existing or future work or activity referred to in sections 137 or 137.01, including to specify the time limits and terms of that strategic assessment. Access to information by Agency or committee The Regulator shall provide the Impact Assessment Agency of Canada or a committee, on request and within the period specified by the Agency or committee under section 100 of the Impact Assessment Act, with any specialist or expert information or knowledge that the Regulator possesses. Comments for Minister of the Environment If the Minister of the Environment shall, for the purposes of any regional assessment of the effects of any existing or future work or activity referred to in sections 137 or 137.01 or for the purposes of any strategic assessment in the offshore area, establish the terms of reference and appoint members of a committee or establish the terms of reference of the Impact Assessment Agency of Canada under section 96 of the Impact Assessment Act, the Federal Minister, the Provincial Minister and the Chairperson of the Regulator shall provide the Minister of the Environment with comments respecting those terms of reference or appointments. Participant funding program The Regulator may establish a participant funding program to facilitate the participation of the public and any Indigenous peoples of Canada in consultations concerning any matter respecting the offshore area. Right of entry Subject to subsection (2), any person may, for the purpose of exploring for or exploiting petroleum, enter on and use any portion of the offshore area in order to carry on a work or activity authorized under paragraph 138(1)(b). Right of entry — offshore renewable energy Subject to subsection (2), any person may, for the purpose of carrying on an offshore renewable energy project, enter on and use any portion of the offshore area in order to carry on a work or activity authorized under subsection 138.01(1). Right of entry — abandoned facilities Subject to subsection (2), any person may enter on and use any portion of the offshore area in order to make contact with, alter or remove an abandoned facility if they have been authorized to do so under subsection 183.3(2). Restriction If a person occupies a portion of the offshore area under a lawful right or title, other than an authorization under paragraph 138(1)(b) or subsection 138.01(1) or an interest as defined in section 47, no person may enter on or use that portion for a purpose referred to in any of subsections (1) to (1.2) without the consent of the occupier or, if consent has been refused, except in accordance with the terms and conditions imposed by a decision of an arbitrator made in accordance with the regulations. Safety — petroleum operations The Regulator shall, before issuing an authorization for a work or activity referred to in paragraph 138(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. Safety — offshore renewable energy operations The Regulator shall, before a work or activity referred to in subsection 138.01(1) commences, consider the safety of the work or activity by reviewing, in consultation with the Chief Safety Officer, the system as a whole and its components, including its structures, facilities, equipment, operating procedures and personnel. Net environmental benefit The Regulator shall not permit the use of a spill-treating agent in an authorization issued under paragraph 138(1)(b) unless the Regulator determines, taking into account any prescribed factors and any factors the Regulator considers appropriate, that the use of the spill-treating agent is likely to achieve a net environmental benefit. Compliance — petroleum The Regulator shall, before issuing an authorization for a work or activity referred to in paragraph 138(1)(b), ensure that the applicant has complied with the requirements of subsections 162.1(1) or (2) and 163(1) or (1.01) in respect of that work or activity. Compliance — offshore renewable energy The Regulator shall ensure that an applicant or holder of an authorization under subsection 138.01(1) has, prior to a date determined by regulations or, in the absence of regulations, prior to commencing a work or activity under that authorization, complied with the requirements of subsections 183.2(1) and 183.21(1) in respect of that work or activity. Approval of general approach of development No approval that is applicable to an authorization under paragraph 138(1)(b) to carry on work or activity in relation to developing a pool or field, and prescribed by the regulations for the purposes of this subsection shall be granted, except with the approval of both Ministers, unless the Regulator, on application submitted in accordance with subsection (2), has approved a development plan relating to the pool or field pursuant to paragraphs (4)(a) and (b). Application and submission of development plan For the purposes of subsection (1), an application for the approval of a development plan shall be submitted to the Regulator in the form and containing the information fixed by the Regulator, at such time and in such manner as may be prescribed, together with the proposed development plan in the form and containing the information described in subsection (3). Development plan in two parts A development plan relating to the proposed development of a pool or field submitted pursuant to this section shall be set out in two parts, containing in Part I, a description of the general approach of developing the pool or field, and in particular, information, in such detail as may be prescribed, with respect to the scope, purpose, location, timing and nature of the proposed development, 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 the production system and any alternative production systems that could be used for the development of the pool or field; and in Part II, all technical or other information and proposals, as may be prescribed, necessary for a comprehensive review and evaluation of the proposed development. Approval of development plan After reviewing an application and development plan submitted by any person pursuant to this section the Regulator may, subject to such requirements as the Regulator deems appropriate or as may be prescribed, approve subject to sections 31 to 40, Part I of the development plan; and Part II of the development plan. Approval of amendments to plan Where a development plan has been approved pursuant to subsection (4), no amendment of Part I or II of the development plan shall be made unless it is approved by the Regulator in accordance with paragraph (4)(a) or (b), as the case may be. Subsections (2) to (5) apply, with such modifications as the circumstances require, with respect to a proposed amendment to a development plan. The definitions in section 166 also apply in subsections (8) to (12). Despite subsection (4), a development plan submitted for approval in respect of a work or activity to be carried out in a transboundary pool that is the subject of a joint exploitation agreement is not to be approved by the Regulator unless the appropriate authority has agreed to its content. The approval of Part I of that development plan is subject to sections 31 to 40 — or in respect of any transboundary pool that extends into the jurisdiction of a foreign government, to the consent of the Federal Minister in consultation with the Provincial Minister — and any requirements that the Regulator and appropriate authority have agreed are appropriate or that may be prescribed. In the case of a disagreement about the content of the plan submitted for approval, or any of the requirements for approval referred to in subsection (8), the Regulator or the appropriate authority — or in respect of any transboundary pool extending into the jurisdiction of a foreign government, the Federal Minister after having consulted the Minister of Foreign Affairs and the Provincial Minister — may refer the matter to an expert in accordance with section 183.16. Submissions regarding Part I Any submissions to the expert by the Regulator regarding Part I of the development plan are subject to sections 31 to 40. In respect of any transboundary pool extending into the jurisdiction of a foreign government, the submissions are subject to the approval of the Federal Minister in consultation with the Provincial Minister. Expert’s decision The expert’s decision is deemed to be approval of the plan by the Regulator and approval of Part I of that plan by the Federal Minister and the Provincial Minister, or in the case of any transboundary pool extending into the jurisdiction of a foreign government, by only the Federal Minister. Amendment to development plan Subsections (7) to (11) apply, with any necessary modifications, to a proposed amendment to a development plan to which a work or activity in a transboundary pool relates or to any requirement to which the approval of the plan is subject. Declaration by applicant — petroleum No authorization under paragraph 138(1)(b) shall be issued unless the Regulator has received, from the applicant for the authorization, a declaration in the form fixed by the Regulator that states that the equipment and installations that are to be used in the work or activity to be authorized are fit for the purposes 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 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 purposes 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. Declaration by applicant or holder — offshore renewable energy An applicant or holder of an authorization under subsection 138.01(1) shall, prior to a date determined by regulations or, in the absence of regulations, by the Regulator, provide the Regulator with a declaration in the form fixed by it that states that the equipment and facilities that are to be used in the work or activity to be authorized are fit for the purposes 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 the applicant or holder shall ensure, so long as the work or activity that is authorized continues, that the equipment and facilities continue to be fit for the purposes for which they are used, the operating procedures continue to be appropriate for those uses, and the personnel continue to be so qualified and competent. Changes If the equipment, an installation, a facility, the operating procedures or any of the personnel specified in a declaration changes and no longer conforms to the declaration, the holder of the authorization that provided the declaration shall provide the Regulator with a new declaration as soon as the circumstances permit after the change occurs. Immunity The Regulator or any delegate of the Regulator is not liable to any person by reason only of having issued an authorization in reliance on a declaration made under this section. Certificate No authorization under paragraph 138(1)(b) shall be issued with respect to any prescribed equipment or installation, or any equipment or installation of a prescribed class, unless the Regulator has received, from the applicant for the authorization, a certificate issued by a certifying authority in the form fixed by the Regulator. Continuing obligation 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. Contents of certificate A certificate referred to in subsection (1) shall state that the equipment or installation in question is fit for the purposes 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 is in conformity with all of the requirements and conditions that are imposed for the purposes of this section by subsection 138(4), whether they are imposed by regulation or by the Regulator. Validity of certificate A certificate referred to in subsection (1) is not valid if the certifying authority has not complied with any prescribed procedure or any procedure that the Regulator may establish; or 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 any extent greater than that prescribed. Access 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 any information that relates to them. Definition of certifying authority For the purposes of this section, certifying authority has the meaning assigned by the regulations. The Regulator or any delegate of the Regulator is not liable to any person by reason only of having issued an authorization in reliance on a certificate issued under this section. The Regulator may, for the purposes of this Act, designate any person as the Chief Safety Officer and any other person as the Chief Conservation Officer. However, the Chief Executive Officer may not be designated as the Chief Safety Officer. Order For the purposes 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 as defined in subsection 205.001(1) is not a statutory instrument as defined in the Statutory Instruments Act. Title Subject to subsection (2), title to petroleum produced during an extended formation flow test vests in the person who conducts the test in accordance with an authorization under section 138, with every approval and requirement subject to which such an authorization is issued and with any applicable regulation, whether or not the person has a production licence issued under Part II. 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 in lieu of royalties. 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. Oil and Gas Committee The Regulator may, for the purposes of this Part and Part III of the Provincial Act, establish a committee to be known as the Oil and Gas Committee, consisting of not more than five members, not more than three of whom may be employees in the federal public administration or the public service of the Province. Appointment of members and chairperson The members of the Committee shall be appointed by the Regulator to hold office for a term of three years, and one member shall be designated as chairperson for such term as may be fixed by the Regulator. Re-appointment permitted A retiring chairperson or retiring member may be re-appointed to the Committee in the same or another capacity. Qualification of members The Regulator shall appoint as members of the Committee at least two persons who appear to the Regulator to have specialized, expert or technical knowledge of petroleum. The members and employees of the Regulator and the Chief Conservation Officer are not eligible to be members of the Committee. Staff The Regulator shall provide the Committee with such officers, clerks and employees as may be necessary for the proper conduct of the affairs of the Committee, and may provide the Committee with such professional or technical assistance for temporary periods or for specific work as the Committee may request, but no such assistance shall be provided otherwise than from the staff of the Regulator except with the approval of the two Ministers. The members of the Committee who are not employees in the federal public administration or the public service of the Province shall be paid such remuneration as may be authorized by the Regulator. Expenses 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. Interest in petroleum properties No member of the Committee shall have a pecuniary interest of any description, directly or indirectly, in any property in petroleum to which this Part applies or own shares in any company engaged in any phase of the petroleum industry in Canada in an amount in excess of five per cent of the issued shares thereof and no member who owns any shares of any company engaged in any phase of the petroleum industry in Canada shall vote when a question affecting such a company is before the Committee. A majority of the members, including one member who is not an employee in the federal public administration or the public service of the Province, constitutes a quorum of the Committee. The Committee may make general rules not inconsistent with this Part regulating its practice and procedure and the places and times of its sittings. Jurisdiction 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 any such inquiry or appeal and to make any order, or give any direction that pursuant to this Part the Committee is authorized to make or give or with respect to any matter, act or thing that by this Part may be prohibited or approved by the Committee or required by the Committee to be done. For the purpose of any inquiry, hearing or appeal, or the making of any order pursuant to 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 due exercise of its jurisdiction pursuant to this Part, all such powers, rights and privileges as are vested in a superior court of record. Finding of fact conclusive The finding or determination of the Committee on any question of fact within its jurisdiction is binding and conclusive. Deputing member to hold inquiry The Committee may authorize and depute any member thereof to inquire into such matter before the Committee as may be directed by the Committee and to report the evidence and findings, if any, thereon to the Committee, and when such 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. Powers of deputed member Where an inquiry is held by a member under subsection (1), the member has all the powers of the Committee for the purpose of taking evidence or acquiring information for the purposes of the report to the Committee. Advisory functions The Regulator may at any time refer to the Committee for a report or recommendation any question, matter or thing arising under this Part or relating to the conservation, production, storage, processing or transportation of petroleum. Enforcement of Committee orders Any order made by the Committee may, for the purpose of its enforcement, be made an order of the Supreme Court of Newfoundland and Labrador and shall be enforced in the same manner as any order of that Court. Procedure for enforcement To make an order of the Committee an order of the Supreme Court of Newfoundland and Labrador, the practice and procedure established by the Provincial Act for making any order an order of that Court may be followed. When order rescinded or replaced When an order of the Committee has been made an order of the Supreme Court of Newfoundland and Labrador, any order of the Committee, or of the Regulator under section 186, rescinding or replacing the first mentioned order of the Committee, has the effect of cancelling the order of the Court and may in the same manner be made an order of the Court. Governor in Council’s regulatory power Subject to section 7, the Governor in Council may, for the purposes of safety, the protection of the environment, and accountability as well as for the production and conservation of petroleum resources, make regulations defining, in relation to petroleum-related works or activities, “oil” and “gas” for the purposes of Divisions I and II, “installation” and “equipment” for the purposes of sections 139.1 and 139.2 and “serious” for the purposes of section 165; concerning the exploration and drilling for, and the production, processing and transportation of, petroleum and works and activities related to such exploration, drilling, production, processing and transportation; concerning the measures to be taken in preparation for or in the case of a spill, as defined in subsection 160(1), including measures concerning the use of a spill-treating agent; concerning the process for the determination of net environmental benefit; concerning the variation or revocation of an approval referred to in paragraph 161.1(1)(b); authorizing the Regulator, or any person, to make such orders as may be specified in the regulations, and to exercise such powers and perform such duties as may be necessary for the management and control of petroleum production, the removal of petroleum from the offshore area, including in relation to the management of access by third parties to existing offshore infrastructure for the purpose of storing, processing and transporting petroleum and in relation to the amounts that may be charged for that access, and the design, construction, operation or abandonment of pipeline within the offshore area; concerning arbitration relating to petroleum-related works or activities for the purposes of subsection 138.1(2), including the costs of or incurred in relation to such arbitrations; concerning the approvals to be granted as conditions of authorizations issued under paragraph 138(1)(b); concerning certificates for the purposes of section 139.2; prohibiting, in relation to petroleum-related works or activities, the introduction into the environment of substances, classes of substances and forms of energy, in prescribed circumstances; authorizing the discharge, emission or escape of petroleum for the purposes of subsection 160(1) in such quantities, at such locations, under such conditions and by such persons as may be specified in the regulations; establishing the requirements for a pooled fund for the purposes of subsection 163(1.01); concerning the circumstances under which the Regulator may make a recommendation for the purposes of subsection 163.1(1) and the information to be submitted with respect to that recommendation; concerning the creation, conservation and production of records relating to petroleum-related works or activities; and prescribing, in relation to petroleum-related works or activities, anything that is required to be prescribed for the purposes of this Part. Incorporation of standards or specifications Unless otherwise provided in this Part, regulations made under subsection (1) may incorporate by reference the standards or specifications of any government, person or organization, either as of a fixed time or as amended from time to time. Spill-treating agents Regulations made under subsection (1) respecting a spill-treating agent shall, in addition to the requirements set out in subsection 7(1), be made on the recommendation of the Federal Minister and the Minister of the Environment. Amendments to Schedule 1 or 2 The Governor in Council may, by order, amend Schedule 1 or 2 to add, amend or remove a reference to a federal Act or regulation, or to a provision of a federal Act or regulation. The order shall be made on the recommendation of the Federal Minister and every minister responsible for the administration of the provision. [Repealed, 2024, c. 20, s. 72] Equivalent standards and exemptions Subject to subsection (2), the Chief Safety Officer and Chief Conservation Officer may authorize the use of equipment, methods, measures or standards in lieu of any required by any regulation made under section 149, if 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 grant an exemption from any requirement imposed, by any regulation made under section 149, in respect of equipment, methods, measures or standards, if those Officers are satisfied with the level of safety, protection of the environment and conservation that will be achieved without compliance with that requirement. One officer authorizations 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. No contravention No person contravenes the regulations if that person acts in compliance with an authorization or exemption under subsection (1) or (2). Guidelines and interpretation notes The Regulator may issue and publish, in any manner the Regulator considers appropriate, guidelines and interpretation notes with respect to the application and administration of sections 45, 138 and 139 and subsection 163(1.01) and any regulations respecting petroleum-related works or activities made under sections 29.1 and 149. Deemed not to be statutory instruments Guidelines and interpretation notes issued pursuant to subsection (1) shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act. [Repealed, 2014, c. 13, s. 28] Production orders Where the Chief Conservation Officer, on reasonable grounds, is of the opinion that, with respect to an interest in any 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 such rates and in such quantities as are specified in the order. Ceasing production Where the Chief Conservation Officer, on reasonable grounds, is of the opinion that an order under this section would stop waste, the Chief Conservation Officer may order a decrease or the cessation or suspension of production of petroleum for any period specified in the order. Investigation and appeal Subsections 155(2) to (4) and section 157 apply, with such modifications as the circumstances require, to an order under subsection (1) or (2) as if it were an order under subsection 155(1). Access to files and records A person subject to an order under subsection (1) or (2) shall, on request, afford 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. Waste prohibited Subject to subsection 194(5), any 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 Regulator. Definition of waste In this Part, waste, in addition to its ordinary meaning, means waste as understood in the petroleum industry and in particular, but without limiting the generality of the foregoing, includes the inefficient or excessive use or dissipation of reservoir energy; 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 any 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; the drilling, equipping, completing, operating or producing of any 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; the inefficient storage of petroleum above ground or underground; the production of petroleum in excess of available storage, transportation or marketing facilities; the escape or flaring of gas that could be economically recovered and processed or economically injected into an underground reservoir; or the failure to use suitable artificial, secondary or supplementary recovery methods in a pool when it appears that such methods would result in increasing the quantity of petroleum ultimately recoverable under sound engineering and economic principles. Prevention of waste Where the Chief Conservation Officer on reasonable grounds is of the opinion that waste, other than waste as defined in paragraph 154(2)(f) or (g), is being committed, the Chief Conservation Officer may, subject to subsection (2), order that all operations giving rise to such waste cease until the Chief Conservation Officer is satisfied that the waste has stopped. Investigation Before making any order under subsection (1), the Chief Conservation Officer shall hold an investigation at which interested persons shall be given an opportunity to be heard. Peremptory 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 any such order and in any event within fifteen days thereafter, the Chief Conservation Officer shall hold an investigation at which interested persons shall be given an opportunity to be heard. Order after inquiry 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. Taking over management For the purpose of giving effect to an order made under section 155, the Chief Conservation Officer may authorize such persons as 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 those operations and any works connected therewith. Controlling operations and costs thereof 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 thereof shall be borne by the person who holds the permit or the lease and, until paid, constitutes a debt recoverable by action in any court of competent jurisdiction as a debt due to the Regulator. Appeal to Committee A person aggrieved by an order of the Chief Conservation Officer after an investigation under section 155 may appeal to the Committee to have the order reviewed. Powers on appeal After hearing the appeal, the Committee may set aside, confirm or vary the order made by the Chief Conservation Officer; order such works to be undertaken as may be considered necessary to prevent waste, the escape of petroleum or any other contravention of this Division or the regulations; or make such other or further order as the Committee considers appropriate. Waste by failure to utilize gas or to use appropriate recovery methods When the Chief Conservation Officer on reasonable grounds is of the opinion that waste as defined in paragraph 154(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 thereof. 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. If, after the hearing mentioned in section 158, the Committee is of the opinion that waste as defined in paragraph 154(2)(f) or (g) is occurring in the recovery of petroleum from a pool, the Committee may, by order, direct the introduction of a scheme for the collection, processing, disposition or reinjection of any gas produced from such pool, or direct repressurizing, recycling or pressure maintenance for the pool or any part of the pool and for, or incidental to such purpose, direct the introduction or injection into that pool, or part thereof, of gas, water or other substance, and the order may further direct that the pool or part thereof specified in the order be shut in if 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. Continuation pending approval of scheme Notwithstanding subsection (1), the Committee may permit the continued operation of a pool or any part of a pool after the date fixed by an order under subsection (1) if 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 any such continuation of operations is subject to any conditions imposed by the Committee. Definition of spill In sections 161 to 165, spill means a discharge, emission or escape of petroleum, other than one that is authorized under subsection 161.5(1), the regulations or any other federal law. It 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 applies. Definition of actual loss or damage In section 162, actual loss or damage includes loss of income, including future income, and, with respect to any Aboriginal peoples of Canada, loss of hunting, fishing and gathering opportunities. It does not include loss of income recoverable under subsection 42(3) of the Fisheries Act. Definition of debris In sections 162 to 163 and 165, debris means any installation or structure that was put in place in the course of any work or activity required to be authorized under paragraph 138(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 been jettisoned or displaced in the course of any of that work or activity. Her Majesty in right of Canada incurs no liability whatever to any person arising out of the authorization by regulations made by the Governor in Council of any discharge, emission or escape of petroleum. Spills prohibited No person shall cause or permit a spill on or from any portion of the offshore area. Duty to report spills Where a spill occurs in any portion of the offshore area, any 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. Duty to take reasonable measures 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 any further spill, to repair or remedy any condition resulting from the spill and to reduce or mitigate any damage or danger that results or may reasonably be expected to result from the spill. Taking emergency action Where the Chief Conservation Officer is satisfied on reasonable grounds that a spill has occurred in any portion of the offshore area and immediate action is necessary in order to effect any reasonable measures referred to in subsection (3), and such action is not being taken or will not be taken under subsection (3), the Chief Conservation Officer may take such action or direct that it be taken by such persons as may be necessary. For the purposes of subsection (4), the Chief Conservation Officer may authorize and direct such persons as may be necessary to enter the place where the spill has occurred and take over the management and control of any work or activity being carried on in the area of the spill. Managing work or activity A person authorized and directed to take over the management and control of any 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). Costs Any costs incurred under subsection (6) shall be borne by the person who obtained an authorization under paragraph 138(1)(b) in respect of the work or activity from which the spill emanated and, until paid, constitute a debt recoverable by action in any court of competent jurisdiction as a debt due to the Regulator. Recovery of costs Where a person, other than a person referred to in subsection (7), takes action pursuant to subsection (3) or (4), the person may recover from Her Majesty in right of Canada the costs and expenses reasonably incurred by that person in taking the action. Appeal Section 157 applies, with such modifications as the circumstances require, to any 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 155(1) and as if such order were not subject to an investigation. Personal liability No person required, directed or authorized to act under this section is personally liable either civilly or criminally in respect of any act or omission in the course of complying with this section unless it is shown that that person did not act reasonably in the circumstances. The provisions referred to in Schedule 1 do not apply to the deposit of a spill-treating agent and those referred to in Schedule 2 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 the authorization issued under paragraph 138(1)(b) permits the use of the spill-treating agent; 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; the agent is used for the purposes of subsection 161(3) or (4); and the agent is used in accordance with the regulations. Clarification The provisions referred to in Schedule 2 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, despite subsection (1), by the interaction between the spill-treating agent and the spilled oil. Other than in the case of a small-scale test, the Chief Conservation Officer shall not approve the use of a spill-treating agent unless the Officer determines, taking into account any prescribed factors and any factors the Officer considers appropriate, that the use of the spill-treating agent is likely to achieve a net environmental benefit. Canadian Environmental Protection Act, 1999 Section 123 and subsections 124(1) to (3) of the Canadian Environmental Protection Act, 1999 do not apply in respect of a spill-treating agent. Fisheries Act — civil liability For the purpose of section 42 of the Fisheries Act, if subsection 36(3) of that Act would have been contravened but for subsection 161.1(1), subsection 36(3) of that Act is deemed to apply in respect of the deposit of the spill-treating agent; the holder of the authorization referred to in paragraph 161.1(1)(a) is deemed to be the only person referred to in paragraph 42(1)(a) of that Act; and those persons who caused or contributed to the spill are deemed to be the only persons referred to in paragraph 42(1)(b) of that Act. The Federal Minister shall, as soon as possible after it is made, notify the Provincial Minister and the Regulator of the making of the list of spill-treating agents and any amendment to that list.

Scientific research 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, the Minister of the Environment may authorize, and establish conditions for, the deposit of a spill-treating agent, oil or oil surrogate if the Federal Minister has obtained the Provincial Minister’s approval. Oil surrogate The Minister of the Environment shall not authorize the deposit of an oil surrogate unless that Minister determines that the oil surrogate poses fewer safety, health or environmental risks than oil. Non-application If the conditions set out in the authorization are met, the provisions referred to in section 161.2 and Schedules 1 and 2 do not apply in respect of the spill-treating agent, oil and oil surrogate required for the research project. Recovery of loss, damage, costs or expenses Where any discharge, emission or escape of petroleum that is authorized by regulation, or any spill, occurs in any portion of the offshore area, 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 all actual loss or damage incurred by any 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, the costs and expenses reasonably incurred by the Regulator or Her Majesty in right of Canada or the Province or any other person in taking any action or measure in relation to the spill or the authorized discharge, emission or escape of petroleum, and 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 the person who is required to obtain an authorization under paragraph 138(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). Recovery of loss, etc., caused by debris 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 Regulator or Her Majesty in right of Canada or the Province reasonably incurs any costs or expenses in taking any action or measure in relation to debris, 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 the person who is required to obtain an authorization under paragraph 138(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. Vicarious liability for contractors A person who is required to obtain an authorization under paragraph 138(1)(b) and who retains, to carry on a work or activity in respect of which the authorization is required, the services of a contractor to whom paragraph (1)(a) 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). Limits of liability For the purposes of paragraphs (1)(b) and (2)(b), the limits of liability are in respect of any area of land or submarine area referred to in paragraph 6(1)(a) of the Arctic Waters Pollution Prevention Act, 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 in respect of any area to which this Act applies and to which paragraph (a) does not apply, the amount of $1 billion. Increase in limits of liability Subject to section 7, the Governor in Council may, by regulation, increase the amounts referred to in subsection (2.2). Liability under another law — paragraph (1)(b) or (2)(b) 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. If the other Act does not set out a limit of liability, the limits set out in subsection (2.2) do not apply. Costs and expenses not recoverable under Fisheries Act The costs and expenses that are recoverable by Her Majesty in right of Canada or the Province under this section are not recoverable under subsection 42(1) of the Fisheries Act. Action — loss of non-use value Only Her Majesty 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). Claims All claims under this section may be sued for and recovered in any court of competent jurisdiction in Canada and shall rank, firstly, in favour of persons incurring actual loss or damage described in subsections (1) and (2), without preference, secondly, without preference, to meet any costs and expenses described in those subsections and, lastly, to recover a loss of non-use value described in those subsections. Saving Subject to subsections (2.5) and (2.6), nothing in this section suspends or limits any 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; any recourse, indemnity or relief available at law to a person who is liable under this section against any other person; or the operation of any applicable law or rule of law that is not inconsistent with this section. Limitation period Proceedings in respect of claims under this section may be instituted within three years after the day when the loss, damage costs or expenses occurred but in no case after six years after 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. Financial resources — certain activities An applicant for an authorization under paragraph 138(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 162(2.2) that apply to it. If the Regulator considers it necessary, it may determine a greater amount and require proof that the applicant has the financial resources to pay that greater amount. Financial resources — other activities An applicant for an authorization under paragraph 138(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 Regulator. Loss of non-use value not considered When the Regulator determines an amount under subsection (1) or (2), the Regulator 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. The holder of an authorization under paragraph 138(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. Extended obligation The holder of an authorization under paragraph 138(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 Regulator 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. The Regulator may reduce that period 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 Regulator. Financial responsibility An applicant for an authorization under paragraph 138(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 Regulator, 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 Regulator considers it necessary, in a greater amount that it determines; or in any other case, in an amount that is satisfactory to, and determined by, the Regulator. Pooled fund 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. Increase in amount by regulation Subject to section 7, the Governor in Council may, by regulation, increase the amount referred to in subsection (1.01). The holder of an authorization under paragraph 138(1)(b) shall ensure that the proof of financial responsibility referred to in subsection (1) or (1.01) remains in force for the duration of the work or activity in respect of which the authorization is issued. The holder of an authorization under paragraph 138(1)(b) shall also ensure that the proof referred to in paragraph (1)(a) or subsection (1.01) remains in force for a period of one year beginning on the day on which the Regulator 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. The Regulator may reduce that period 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 Regulator. Payment of claims The Regulator may require that moneys in an amount not exceeding the amount prescribed for any case or class of cases, or determined by the Regulator in the absence of regulations, be paid out of the funds available under the letter of credit, guarantee or indemnity bond or other form of financial responsibility provided under subsection (1), or be paid out of the pooled fund referred to in subsection (1.01), in respect of any claim for which proceedings may be instituted under section 162, whether or not those proceedings have been instituted. Manner of payment Where payment is required under subsection (2), it shall be made in such manner, subject to such conditions and procedures and to or for the benefit of such persons or classes of persons as may be prescribed by the regulations for any case or class of cases, or as may be required by the Regulator in the absence of regulations. Deduction Where a claim is sued for under section 162, there shall be deducted from any award made pursuant to the action on that claim any amount received by the claimant under this section in respect of the loss, damage, costs or expenses claimed. Reimbursement of pooled fund The holder of an authorization under paragraph 138(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. Lesser amount The Federal Minister may, by order, on the recommendation of the Regulator and with the Provincial Minister’s approval, approve an amount that is less than the amount referred to in paragraph 162(2.2)(a) or (b) or 163(1)(a) in respect of an applicant for, or a holder of, an authorization under paragraph 138(1)(b). Financial resources — exception If the Federal Minister approves an amount that is less than the amount referred to in paragraph 162(2.2)(a) or (b) in respect of an applicant for an authorization under paragraph 138(1)(b), that applicant, for the purposes of subsection 162.1(1), shall only provide proof that it has the financial resources necessary to pay the adjusted amount approved by the Federal Minister. No applicant for an authorization under paragraph 138(1)(b) contravenes paragraph 163(1)(a) if that applicant provides proof of financial responsibility in the amount that is approved by the Federal Minister under this section. Review committee 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 Provincial Act to review and monitor the application of sections 162 and 163 and any claims and the payment thereof made under those sections. Dissolution of committee The committee referred to in subsection (1) may be dissolved only by the joint operation of an Act of Parliament and an Act of the Legislature of the Province. Promotion of compensation policies The Regulator shall promote and monitor compensation policies for fishermen sponsored by the fishing industry respecting damages of a non-attributable nature. The following definitions apply in sections 164.2 and 164.3. greenhouse gas has the same meaning as the definition of greenhouse gas in paragraph 2(f) of the Management of Greenhouse Gas Act, S.N.L. 2016, c. M-1.001. (gaz à effet de serre) Management of Greenhouse Gas Act means the Management of Greenhouse Gas Act, S.N.L. 2016, c. M-1.001, and its regulations, as amended from time to time. (texte provincial) Subject to subsection (2), the provisions of the Management of Greenhouse Gas Act relating to greenhouse gas emissions pricing apply, with any modifications that the circumstances require and that may be prescribed, to a work or activity authorized under this Part that is carried out within the offshore area. Subsection (1) does not apply to any provision of the Management of Greenhouse Gas Act that imposes a tax. Statutory Instruments Act The Statutory Instruments Act does not apply to any instrument made by a provincial official or body under the authority of the provisions of the Management of Greenhouse Gas Act that are incorporated by reference under subsection (1). Service Fees Act For greater certainty, the Service Fees Act does not apply to any fee, charge or levy that is fixed under the provisions of the Management of Greenhouse Gas Act that are incorporated by reference under subsection (1). Federal Courts Act Any official or body that exercises a power or performs a duty or function under the provisions of the Management of Greenhouse Gas Act that are incorporated by reference under subsection (1) is not a federal board, commission or other tribunal for the purposes of the Federal Courts Act. Review or appeal in Provincial courts If a power is conferred or a duty or function is imposed by the provisions of the Management of Greenhouse Gas Act that are incorporated by reference under subsection (1), the exercise of the power or the performance of the duty or function is subject to review by, or appeal to, the courts of the Province in the same manner and to the same extent as if the laws of the Province applied. Amounts collected Payments collected by an official or body under the provisions of the Management of Greenhouse Gas Act that are incorporated by reference under subsection (1) belong to Her Majesty in right of the Province and are not public money for the purposes of the Financial Administration Act. Powers, duties and functions of Regulator The Regulator may, under an agreement with the appropriate provincial Minister or in accordance with the Management of Greenhouse Gas Act, exercise any power or perform any duty or function set out in that agreement or Act to ensure, within the offshore area, the administration and enforcement of the pricing mechanisms for greenhouse gas emissions set out in the provisions of that Act that are incorporated by reference under subsection 164.2(1). Liability for acts and omissions In respect of any act or omission occurring in the exercise of a power or the performance of a duty or function under subsection (1), Her Majesty in right of Canada is entitled to the same limits on liability, defences and immunities as those that would apply to Her Majesty in right of the Province when Her Majesty in right of the Province exercises such a power or performs such a duty or function under the law that applies in the Province; and any person or body exercising the power or performing the duty or function is entitled to the same limits on liability, defences and immunities as those that would apply to a person or body when the person or body exercises such a power or performs such a duty or function under the law that applies in the Province. Disclosure of information In exercising its powers and performing its duties and functions under subsection (1), the Regulator may obtain from the appropriate provincial Minister and disclose to that Minister any information with respect to the administration of the Management of Greenhouse Gas Act. Inquiries Where a spill or debris or an accident or incident related to any activity to which this Division applies occurs or is found in any portion of the offshore area and results in death or injury or danger to public safety or the environment, the Regulator may direct an inquiry to be made and may authorize any person it deems qualified to conduct the inquiry. Mandatory inquiry Where a spill or debris or an accident or incident related to any activity to which this Division applies occurs or is found in any portion of the offshore area and is serious, as defined by regulation, the Regulator shall direct that an inquiry referred to in subsection (1) be made and shall ensure that the person who conducts the inquiry is not employed by the Regulator. Power of person conducting inquiry For the purposes of an inquiry under subsection (1), a person authorized by the Regulator under that subsection has and may exercise all the powers of a person appointed as a commissioner under Part I of the Inquiries Act. Report As soon as possible after the conclusion of an inquiry under subsection (1), the person or persons authorized to conduct the inquiry shall submit a report to the Regulator, together with the evidence and other material that was before the inquiry. A report made pursuant to subsection (3) shall be published by the Regulator within thirty days after the Regulator has received it. Copies of report The Regulator may supply copies of a report published pursuant to subsection (4) in such manner and on such terms as the Regulator considers proper. appropriate authority means before the determination of whether a transboundary pool exists is made and, if applicable, its boundaries have been delineated, the authority that is responsible for the jurisdiction adjoining the portion of the perimeter where the drilling took place or where a pool exists, and into which there is reason to believe that, based on the data obtained from any drilling, the pool extends, and after that determination is made, the authority that is responsible for the jurisdiction into which the pool extends; (organisme de réglementation concerné) authority means the Government of Canada, a government of a province, a foreign government or any of their agencies or a federal-provincial regulatory agency that has administrative responsibility for the exploration and exploitation of petroleum in the area adjoining the perimeter; (organisme de réglementation) expert means a person who is appointed under subsection 183.16(2) and includes an expert panel appointed under subsection 183.16(3) or a person or arbitral tribunal who is appointed in accordance with any applicable treaty referred to under subsection 183.16(9); (expert) perimeter, in relation to a pool, means the portion of the offshore area that is within 10 nautical miles of the limit of that offshore area; (bande limitrophe) pooled spacing unit means the area that is subject to a pooling agreement or a pooling order; (unité d’espacement mise en commun) pooled tract means the portion of a pooled spacing unit defined as a tract in a pooling agreement or a pooling order; (parcelle mise en commun) 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 thereon; (accord de mise en commun) pooling order means an order made under section 168 or as altered pursuant to section 170; (arrêté de mise en commun) royalty interest means any interest in, or the right to receive a portion of, any petroleum produced and saved from a field or pool or part of a field or pool or the proceeds from the sale thereof, but does not include a working interest or the interest of any person whose sole interest is as a purchaser of petroleum from the pool or part thereof; (droit à redevance) royalty owner means a person, including Her Majesty, who owns a royalty interest; (titulaire de redevance) spacing unit means the area allocated to a well for the purpose of drilling for or producing petroleum; (unité d’espacement) 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; (fraction parcellaire) transboundary means extending beyond the Regulator’s jurisdiction under this Act; (transfrontalier) unit agreement means an agreement to unitize the interests of owners in a pool or part thereof exceeding in area a spacing unit, or such an agreement as varied by a unitization order; (accord d’union) unit area means the area that is subject to a unit agreement; (secteur unitaire) 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; (accord d’exploitation unitaire) unit operation means those operations conducted pursuant to a unit agreement or a unitization order; (exploitation unitaire) unit operator means a person designated as a unit operator under a unit operating agreement; (exploitant unitaire) unit tract means the portion of a unit area that is defined as a tract in a unit agreement; (parcelle unitaire) unitization order means an order made under section 176 or subsection 183.12(1); (arrêté d’union) unitized zone means a geological formation that is within a unit area and subject to a unit agreement; (terrain) 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 such 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 thereof 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 thereof; (intérêt économique direct) working interest owner means a person who owns a working interest. (détenteur) Voluntary pooling Where one 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, or both drilling for and producing, petroleum if a copy of the pooling agreement and any amendment thereto has been filed with the Chief Conservation Officer. Pooling agreement by Her Majesty The Regulator may, on behalf of Her Majesty, enter into a pooling agreement on any terms and conditions that it deems advisable and, despite anything in Part II or this Part, the Federal Real Property and Federal Immovables Act or any regulations made under those Parts or that Act, the pooling agreement is binding on Her Majesty. Application for pooling order ln 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. Hearing by Committee An application under subsection (1) shall be made to the Regulator 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 such hearing the Committee shall afford all interested parties an opportunity to be heard. Matter to be supplied Committee on hearing Prior to a hearing held pursuant to subsection (2), the working interest owner making application shall provide the Committee, and such other interested parties as 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 such information as the Committee deems necessary. Order of Committee After a hearing pursuant to subsection (2), the Committee may order that all working interest owners and royalty owners who have an interest in the spacing unit shall be deemed to have entered into a pooling agreement as set out in the pooling order. Contents of pooling order Every pooling order shall provide 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; 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; 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 such basis is unfair, whereupon the Committee may make an allocation on some other more equitable basis; 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; 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 for the sale by the operator of petroleum allocated pursuant to paragraph (c) to a working interest owner where the working interest owner thereof fails to take in kind and dispose of such production, and for the deduction out of the proceeds by the operator of the expenses reasonably incurred in connection with such sale. Provision of penalty 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 such penalty shall not exceed an amount equal to one-half of that working interest owner’s share of such costs. Recovery of costs and penalty If a working interest owner does not, within the time specified therefor 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, if any, are recoverable only out of the share of production from the spacing unit and not in any other manner. Effect of pooling order 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 deemed to have entered into a pooling agreement as set out in the pooling order and that order shall be deemed to be a valid contract between the parties having interests in the pooled spacing unit, and all its terms and provisions, as set out therein or as altered pursuant to section 170, are binding on and enforceable against the parties thereto, including Her Majesty. Application to alter pooling order The Committee shall hear any application to vary, amend or terminate a pooling order where such application is made by the owners of over twenty-five per cent 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 any working interest owner or royalty owner. Alteration of pooling order After a hearing held pursuant to subsection (1), the Committee may vary or amend the pooling order to supply any deficiency therein or to meet changing conditions and may vary or revoke any provision that the Committee deems to be unfair or inequitable or it may terminate the pooling order. Tract participation ratios protected 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. No person shall produce any petroleum within a spacing unit in which there are two or more leases or two or more separately owned working interests unless a pooling agreement has been entered into in accordance with section 167 or in accordance with a pooling order made under section 168. Subsection (1) does not prohibit the production of petroleum for testing in any quantities approved by the Chief Conservation Officer. Unit operation Any one or more working interest owners in a pool or part thereof exceeding in area a spacing unit, together with the royalty owners, may enter into a unit agreement and operate their interests pursuant to the terms of the unit agreement or any amendment thereto if a copy of the agreement and any amendment has been filed with the Chief Conservation Officer. Regulator may enter into unit agreement The Regulator may enter into a unit agreement binding on Her Majesty, on any terms and conditions that it may deem advisable, and any of the regulations under Part II or this Part or the Federal Real Property and Federal Immovables Act 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. Unit operator’s relationship to parties Where a unit agreement filed under this section provides that a unit operator shall be the agent of the parties thereto with respect to their powers and responsibilities under this Part, the performance or non-performance thereof by the unit operator shall be deemed to be the performance or non-performance by the parties otherwise having those powers and responsibilities under this Part. Requiring unitization to prevent waste Notwithstanding anything in this Part, where, in the opinion of the Chief Conservation Officer, the unit operation of a pool or part thereof 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 thereof to enter into a unit agreement and a unit operating agreement in respect of the pool or part thereof, as the case may be. Where an application is made by the Chief Conservation Officer pursuant to subsection (1), the Committee shall hold a hearing at which all interested persons shall be afforded an opportunity to be heard. If, after the hearing mentioned in subsection (2), the Committee is of the opinion that unit operation of a pool or part thereof would prevent waste, the Committee may by order require the working interest owners in the pool or part thereof to enter into a unit agreement and a unit operating agreement in respect of the pool or part thereof. Cessation of operations If, in the time specified in the order referred to in subsection (3), being not less than six 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 thereof in respect of which the order was made shall cease until such time as a unit agreement and a unit operating agreement have been approved by the Committee and filed with the Chief Conservation Officer. Permit to continue operations Notwithstanding subsection (4), the Committee may permit the continued operation of the pool or part thereof after the time specified in the order referred to in subsection (3) if it is of the opinion that a unit agreement and unit operating agreement are in the course of being entered into, but any such continuation of operations shall be subject to any conditions prescribed by the Committee. Who may apply for unitization order One or more working interest owners who are parties to a unit agreement and a unit operating agreement and own in the aggregate sixty-five per cent or more of the working interests in a unit area may apply for a unitization order with respect to the agreements. Application for unitization order An application under subsection (1) shall be made to the Regulator which shall refer the application to the Committee for the purpose of holding a hearing thereon in accordance with section 176. Application by proposed unit operator 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). Contents of unitization application An application for a unitization order shall contain a plan showing the unit area that the applicant desires to be made subject to the order; one copy each of the unit agreement and the unit operating agreement; a statement of the nature of the operations to be carried out; and a statement showing with respect to each proposed unit tract, the names and addresses of the working interest owners and royalty owners in that tract, and the tracts that are entitled to be qualified as unit tracts under the provisions of the unit agreement. Details required of unit agreement The unit agreement referred to in subsection (1) shall include a description of the unit area and the unit tracts included in the agreement; 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; a provision specifying the manner in which and the circumstances under which the unit operation shall terminate; and a provision specifying that the share of the production from a unit area that has been allocated to a unit tract shall be deemed to have been produced from that unit tract. Details required of unit operating agreement The unit operating agreement referred to in subsection (1) shall make provision for the contribution or transfer to the unit, and any adjustment among the working interest owners, of the investment in wells and equipment within the unit area; for the charging of the costs and expenses of the unit operation to the working interest owners; for the supervision of the unit operation by the working interest owners through an operating committee composed of their duly 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; for the determination of the percentage value of the vote of each working interest owner; and for the determination of the method of voting on any motion before the operating committee and the percentage value of the vote required to carry the motion. Hearing on application Where an application made under section 174 is referred by the Regulator to the Committee, the Committee shall hold a hearing thereon at which all interested persons shall be afforded an opportunity to be heard. Unitization order If the Committee finds that at the date of the commencement of a hearing referred to in subsection (1) the unit agreement and the unit operating agreement have been executed by one or more working interest owners who own in the aggregate sixty-five per cent or more of the total working interests in the unit area, and the unit agreement has been executed by one or more royalty owners who own in the aggregate sixty-five per cent or more of the total royalty interests in the unit area, and the unitization order applied for would accomplish the more efficient or more economical production of petroleum from the unitized zone, the Committee may order 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 such owners, and 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 such owners, and, subject to section 177, the unit agreement and the unit operating agreement have the effect given them by the order of the Committee. Variation by unitization order In a unitization order, the Committee may vary the unit agreement or the unit operating agreement by adding provisions or by deleting or amending any provision thereof. Effective date of unitization order Subject to subsection (2), a unitization order becomes effective on the day that the Committee determines in the order, but that day shall be not less than thirty days after the day on which the order is made. Effective date when unit agreement or unit operating agreement varied 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 thirty 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 statements in writing objecting to the order and signed in the case of the unit agreement by one or more working interest owners who own in the aggregate more than twenty-five per cent of the total working interests in the area and were included within the group owning sixty-five per cent or more of the total working interests as described in subparagraph 176(2)(a)(i), and one or more royalty owners who own in the aggregate more than twenty-five per cent of the total royalty interests in the unit area and were included within the group owning sixty-five per cent or more of the total royalty interests as described in subparagraph 176(2)(a)(ii); or in the case of the unit operating agreement, by one or more working interest owners who own in the aggregate more than twenty-five per cent of the total working interests in the unit area and were included within the group owning sixty-five per cent or more of the total working interests as described in subparagraph 176(2)(a)(i). Revocation of order Where a unitization order becomes ineffective under subsection (2), the Committee shall forthwith revoke the order. Technical defects in unitization order A unitization order is not invalid by reason only of the absence of notice or of any irregularities in giving notice to any owner in respect of the application for the order or any proceedings leading to the making of the order. Amending unitization order 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. Voluntary proposal for amendment by owners If the Committee finds that, at the date of the commencement of a hearing of an application for the amendment of a unitization order, one or more working interest owners who own in the aggregate sixty-five per cent or more of the total working interests and one or more royalty interest owners who own in the aggregate sixty-five per cent 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. Protection of tract participation ratios No amendment shall be made under section 179 that will alter the ratios between the tract participations of those tracts that were qualified for inclusion in the unit area before the commencement of the hearing, and, for the purposes of this section, the tract participations shall be those indicated in the unit agreement when it became subject to a unitization order. Production prohibited except in accord with unitization order After the date on which a unitization order comes into effect and while the order remains in force, no person shall carry on any operations within the unit area for the purpose of drilling for or producing petroleum from the unitized zone, except in accordance with the provisions of the unit agreement and the unit operating agreement. How percentages of interests to be determined The percentages of interests referred to in subsections 174(1), 176(2), 177(2) and 179(2) shall be determined as to royalty interests, on a prorated area basis; and as to working interests, on the basis of tract participation shown in the unit agreement. Pooled spacing unit included in unit area A pooled spacing unit that has been pooled pursuant to 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 such amendments to the pooling order as it deems necessary to remove any conflict between the provisions of the pooling order and the provisions of the unit agreement, or the unit operating agreement or the unitization order, if any. Effect of including pooled spacing unit in unit area Where a pooled spacing unit is included in a unit area pursuant to subsection (1), the provisions of the unit agreement, the unit operating agreement and the unitization order, if any, prevail over the provisions of the pooling order in the event of a conflict. Exceptions Notwithstanding subsection (2), 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; 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 therein on the same basis and in the same proportion as would apply under the pooling order; and the credits allocated under a unit operating agreement to a pooled spacing unit for adjustment of investment for wells and equipment thereon shall be shared by the owners of the working interests therein in the same proportion as would apply to the sharing of production under the pooling order. Information If an exploratory well, as defined in subsection 119(1), is drilled in the perimeter, the Regulator shall provide the appropriate authority, in the prescribed time and manner, with any information in its possession, including any prescribed information, pertinent to its determination of whether a transboundary pool exists and the delineation of it. Information in advance The Regulator shall provide the Federal Minister and the Provincial Minister with any information referred to in subsection (1) before providing it to the appropriate authority. Additional information After providing any information referred to in subsection (1) in the prescribed time, the Regulator shall, on request, provide the appropriate authority with any additional information in its possession that is pertinent to its determination of the existence of a transboundary pool and the delineation of it. Notice — pool If the data obtained from any drilling in the perimeter provides sufficient information for the Regulator to determine whether a pool exists, the Regulator shall notify the appropriate authority as soon as feasible of its determination. Notice — transboundary pool If the Regulator determines that a pool exists, the Regulator shall also specify in the notice whether or not there is, in its opinion, reason to believe that the pool is transboundary. Reasons The Regulator shall, before it notifies the appropriate authority under subsection (1), provide the Federal Minister and the Provincial Minister with the reasons for its determination and opinion, if any. Timeline The notice shall be given no later than one year after the Regulator receives the data from three drillings of the same geological feature in the perimeter. Information received by Regulator If the Regulator receives a notice from an authority indicating the authority’s determination as to whether a pool exists in an area adjoining the perimeter, and, if applicable, whether there is reason to believe the pool extends into the perimeter, the Regulator shall, within 90 days after receiving the notice, inform the authority of its agreement or disagreement with the determination or opinion set out in the notice. If the Regulator disagrees with the content of the notice, it shall provide the authority with the reasons for its disagreement. The Regulator shall, before it informs the authority of its agreement or disagreement with the content of the notice, inform the Federal Minister and the Provincial Minister of its determination, along with the reasons for that determination if it disagrees with the content of the notice.

Determination and delineation If, after receiving a notice under section 183.02 or 183.03, the Regulator and the authority in question agree that a pool exists, the Regulator and that authority shall jointly determine whether that pool is transboundary and, if so, they shall jointly delineate its boundaries. The Regulator or the authority — or in respect of any transboundary pool extending into the jurisdiction of a foreign government, the Federal Minister after consultations with the Minister of Foreign Affairs and the Provincial Minister — may, if they disagree about whether a pool exists, whether the pool is transboundary or its delineation, refer the matter to an expert and shall do so no later than 180 days after the day on which the Regulator issues a notice under subsection 183.02(1) or the authority issues an equivalent notice. Notification to Ministers The Regulator shall, with respect to subsection (2), inform the Federal Minister and the Provincial Minister that the Regulator intends to refer the matter to an expert; or that the authority has referred the matter to an expert. Notification to the Provincial Minister The Federal Minister shall, with respect to subsection (2) and any transboundary pool extending into the jurisdiction of a foreign government, inform the Provincial Minister that the foreign government has referred the matter to an expert. Single pool A transboundary pool is to be exploited as a single pool. Conditions for joint exploitation The exploitation of a transboundary pool is subject to a joint exploitation agreement having been entered into and to a unit agreement and a unit operating agreement having been entered into and approved under subsection 183.08(4) or 183.12(4). Joint exploitation agreement prevails The joint exploitation agreement prevails over the unit agreement and the unit operating agreement to the extent of any inconsistency between them. Joint exploitation agreement Subject to subsection (2), the Regulator and the appropriate authority may enter into a joint exploitation agreement providing for the exploitation of a transboundary pool as a single pool. The agreement shall include any matters provided for by regulation. Advice to Ministers In the case of any transboundary pool extending into the jurisdiction of a foreign government, the Regulator shall provide advice in respect of the exploitation of that transboundary pool to the Federal Minister and the Provincial Minister, who may enter into a joint exploitation agreement with the appropriate authority. Intention to start production If an interest owner, as defined in section 47, advises the Regulator, including by way of an application under subsection 81(1) or paragraph 138(1)(b), that it intends to start production of petroleum from the transboundary pool, the Regulator shall notify the appropriate authority as soon as feasible of the interest owner’s intention. Notification of intention The Regulator shall, before notifying the appropriate authority of the interest owner’s intention to start production of petroleum from the transboundary pool, notify the Federal Minister and the Provincial Minister of that intention. Referral to expert The appropriate authority or the Regulator — or in respect of any transboundary pool extending into the jurisdiction of a foreign government, the Federal Minister after consultation with the Minister of Foreign Affairs and the Provincial Minister — may, if they have not yet entered into a joint exploitation agreement within a period of 180 days after the Regulator’s notice was given under subsection (1), refer the matter of determining the particulars of the agreement to an expert. However, they may agree to refer the matter to an expert any time before the period ends. Unit agreement The royalty owners and the working interest owners in a transboundary pool may enter into a unit agreement and, once it is approved, shall operate their interests in accordance with it or any amendment to it. Unit operating agreement The working interest owners in a transboundary pool may enter into a unit operating agreement and, once it is approved, shall operate their interests in accordance with it or any amendment to it. Content The unit agreement shall include the details referred to in paragraphs 175(2)(a) to (d) and the unit operating agreement shall include the details referred to in paragraphs 175(3)(a) to (e). The Regulator and the appropriate authority may approve the unit agreement if all the royalty owners and all the working interest owners in the transboundary pool are parties to it; the Regulator and the appropriate authority may approve the unit operating agreement if all the working interest owners in the transboundary pool are parties to it. Condition precedent An authorization under paragraph 138(1)(b) for a work or activity proposed to be carried on in relation to the exploitation of a transboundary pool shall not be issued if the unit agreement and the unit operating agreement have not been jointly approved by the Regulator and the appropriate authority. Applicable provisions Subsections 172(2) and (3) apply to the unit agreement. Order to enter into agreements When a joint exploitation agreement is entered into in respect of a transboundary pool, the Regulator shall order the working interest owners in the portion of the pool that is in its jurisdiction to enter into a unit agreement and a unit operating agreement with any other working interest owners in the pool if they have not already done so. One or more working interest owners who are parties to a unit agreement and a unit operating agreement and own 65% or more of the working interests in a transboundary pool may apply for a unitization order with respect to the agreements. Content and submission of application The application shall be submitted to both the Regulator and the appropriate authority. It shall include the documents and statements referred to in subsection 175(1) and may be made by the unit operator or proposed unit operator on behalf of the working interest owners. Appointment of expert The Regulator and the appropriate authority shall, for the purposes of section 183.11, appoint an expert in accordance with subsections 183.16(2) to (4). In respect of any transboundary pool extending into the jurisdiction of a foreign government, the Federal Minister shall, after consultation with the Provincial Minister, agree with the appropriate authority on the appointment of an expert in accordance with subsection 183.16(9). Once seized of the application under section 183.1, the expert shall hold a hearing at which all interested persons shall be given an opportunity to be heard. Conclusion of hearing On the conclusion of the hearing, the expert shall request that the Regulator and appropriate authority order that the unit agreement be a valid contract enuring to the benefit of all the royalty owners and working interest owners who have an interest in the unit area and binding on and enforceable against those owners, and that the unit operating agreement be a valid contract enuring to the benefit of all the working interest owners who have an interest in the unit area and binding on and enforceable against those owners; and include in the order any variations to the unit agreement or unit operating agreement determined necessary by the expert to allow for the more efficient or more economical production of petroleum from the unitized zone. Despite subsection (2), the expert shall end the hearing and request that the Regulator and the appropriate authority take the measures referred to in paragraph (2)(a) if the expert finds that on the day the hearing begins, the unit agreement and the unit operating agreement have been executed by one or more working interest owners who own 65% or more of the working interests in the unit area, and the unit agreement has been executed by one or more royalty owners who own 65% or more of the royalty interests in the unit area; and the unitization order applied for would allow for the more efficient or more economical production of petroleum from the unitized zone. Measures In respect of any transboundary pool extending into the jurisdiction of a foreign government, the interested persons referred to in subsection (1) are representatives of each country in question and, on the conclusion of the hearing, the expert shall request that the interested persons ensure that the Regulator and the appropriate authority take the measures referred to in subsection (2) or (3). The Regulator shall issue a unitization order in accordance with the expert’s request made under subsections 183.11(2) to (4). Effect of unitization order The unit agreement and the unit operating agreement have the effect given to them by the unitization order. Equivalent order A unitization order becomes effective only if the appropriate authority has issued an equivalent order. Joint approval The issuance of a unitization order by the Regulator and of an equivalent order by the appropriate authority is deemed to be their joint approval of the unit agreement and the unit operating agreement. Subject to subsections (3) and (6), a unitization order becomes effective on the date established in the order, but that date shall not be less than 30 days after the day on which the order is made. Order revoked The Regulator shall immediately revoke a unitization order varying a unit agreement or a unit operating agreement if, before the effective date of that order, the party who applied for a unitization order under subsection 183.1(1) files with the Regulator a notice withdrawing the application on behalf of the working interest owners or there are filed with the Regulator statements objecting to the order and signed in the case of the unit agreement, by one or more working interest owners who own in total more than 25% of the working interests in the unit area and are part of the group that owns 65% or more of the working interests as described in subparagraph 183.11(3)(a)(i), and one or more royalty owners who own in total more than 25% of the working interest in the unit area and are part of the group that owns 65% or more of the royalty interests as described in subparagraph 183.11(3)(a)(ii); or in the case of the unit operating agreement, by one or more working interest owners who own in total more than 25% of the working interests in the unit area and are part of the group that owns 65% or more of the working interests as described in subparagraph 183.11(3)(a)(i). Not statutory instruments The unitization order is not a statutory instrument for the purposes of the Statutory Instruments Act. A unitization order may be amended on the application of a working interest owner submitted to both the Regulator and the appropriate authority. The Regulator and the appropriate authority shall, for the purposes of this section, appoint an expert in accordance with subsections 183.16(2) to (4). In the case of any transboundary pool extending into the jurisdiction of a foreign government, the Federal Minister, after consultation with the Provincial Minister, shall agree with the appropriate authority on the appointment of an expert in accordance with subsection 183.16(9). Once seized of the application, the expert shall hold a hearing at which all the interested persons shall be given an opportunity to be heard. On the conclusion of the hearing, the expert may request that the Regulator amend the unitization order in accordance with the proposed amendment and include in the order any variations to it determined necessary by the expert to allow for the more efficient or more economical production of petroleum from the unitized zone. If the expert makes such a request, the expert shall also request that the appropriate authority amend its equivalent order in the same way. Exception — short hearing If the expert finds that, on the day on which the hearing begins, one or more working interest owners who own 65% or more of the working interests and one or more royalty owners who own 65% or more of the royalty interests in the unit area have consented to the proposed amendment, the expert may end the hearing and request that the Regulator amend the unitization order in accordance with the amendment. If the expert makes such a request, the expert shall also request that the appropriate authority amend its equivalent order in the same way. Transboundary pools In respect of any transboundary pool extending into the jurisdiction of a foreign government, the interested persons referred to in subsection (3) are representatives of each country in question and, on the conclusion of the hearing, the expert shall request that the interested persons ensure that the Regulator and the appropriate authority take the measures referred to in subsections (4) and (5). No amendment shall be made under section 183.13 that will alter the ratios between the tract participations of those tracts that were qualified for inclusion in the unit area before the commencement of the hearing, and, for the purposes of this section, the tract participations shall be those indicated in the unit agreement when it became subject to a unitization order. Determination — percentages of interests The percentages of interests referred to in subsections 183.1(1), 183.11(3), 183.12(6) and 183.13(5) shall be determined in accordance with section 182. The party that intends to refer a matter to an expert under subsections 45(9), 139(9), 183.04(2) and 183.07(3) shall notify the other party of their intention. Appointment — single expert Within 30 days after notice is given under subsection (1), or of the application made under subsection 183.1(1) or 183.13(1), the parties shall agree on the appointment of an expert who shall be seized of the matter. Appointment — expert panel If the parties do not agree on the appointment of a single expert, they shall, within 30 days after the day on which the period to jointly appoint an expert under subsection (2) ends, each appoint one member to an expert panel and those experts shall, in turn, jointly appoint an additional expert as chairperson. If the members fail to agree on the appointment of a chairperson within a period of 30 days after the day of the last appointment, the chairperson shall be appointed by the Chief Justice of the Federal Court within 30 days after the end of that period. Once the chairperson is appointed, the expert panel shall be seized of the matter. Conditions for appointment of expert An expert shall be impartial and independent and have knowledge or experience relative to the subject of disagreement between the parties. Decisions In the case of an expert panel, decisions shall be made on the basis of a majority vote of the members. The chairperson’s vote is the deciding vote in the case of a tie. Time limit The expert’s decisions shall be made no later than 270 days after the day on which they were seized of the matter. Decision is final and binding Subject to judicial review, a decision made by an expert is final and binding on all parties specified in the decision from the date specified in it. Records to be kept An expert shall cause records to be kept of their hearings and proceedings and shall deposit their records with the Regulator when their activities to which the records relate have ceased. Expert — international treaty In the case of a transboundary pool extending into the jurisdiction of a foreign government, the appointment of an expert and the making of decisions by them are to be made in accordance with any applicable international treaty respecting the exploration and exploitation of transboundary pools, as amended from time to time. In the circumstances described in subsection (9), Canada and the foreign government shall share equally both the expert’s fees and costs and the costs of the expert’s proceedings. With respect to the portion of those costs and fees to be paid by Canada, the governments of Canada and of the Province are to share the expert’s fees and costs equally and, unless otherwise agreed, the costs of the proceedings are also to be shared equally. Expert’s powers An expert has the powers necessary to carry out their functions under this Act. In sections 183.18 to 183.2 and 183.23, debris means any facility or structure that was put in place in the course of any work or activity required to be authorized under subsection 138.01(1), other than a site assessment activity, and that has been abandoned without an authorization that may be required by or under this Part, or that has been abandoned in a way that did not comply with such an authorization; or any material that has broken away or been jettisoned or displaced in the course of any of that work or activity or from an abandoned facility. In section 183.19, actual loss or damage includes loss of income, including future income, and, with respect to any Indigenous peoples of Canada, loss of hunting, fishing and gathering opportunities. It does not include loss of income recoverable under subsection 42(3) of the Fisheries Act. Debris prohibited No person shall cause or permit debris to be left in any portion of the offshore area. Duty to report debris If there is debris in any portion of the offshore area, any person carrying on any work or activity required to be authorized under subsection 138.01(1) in the area in which the debris is left shall, in the manner prescribed, report the debris to the Chief Conservation Officer. Every person required to report debris under subsection (2) shall, as soon as feasible, take all reasonable measures consistent with safety and the protection of health and the environment to prevent any further debris from accumulating, to repair or remedy any condition resulting from the debris and to reduce or mitigate any damage or danger that results or may reasonably be expected to result from the debris. The Chief Conservation Officer may take any action that is necessary, or direct that it be taken by any person, if the Chief Conservation Officer is satisfied on reasonable grounds that there is debris in any portion of the offshore area and immediate action is necessary in order to effect any reasonable measures referred to in subsection (3); and the action is not being taken or will not be taken under subsection (3). For the purposes of subsection (4), the Chief Conservation Officer may authorize and direct any person whose services are necessary to enter the area where the debris has been left and take over the management and control of any work or activity being carried on in that area. A person authorized and directed to take over the management and control of any work or activity under subsection (5) shall manage and control that work or activity and take all reasonable measures referred to in subsection (3) in relation to the debris. Any costs incurred under subsection (6) shall be borne by the person who obtained an authorization under subsection 138.01(1) in respect of the work or activity from which the debris originated and, until paid, constitute a debt recoverable by action in any court of competent jurisdiction as a debt due to the Regulator. If a person, other than a person referred to in subsection (7), takes a measure or an action under subsection (3) or (4), the person may recover from His Majesty in right of Canada the costs and expenses reasonably incurred by that person in taking the measure or action. No person required, directed or authorized to act under this section is personally liable either civilly or criminally in respect of any 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. 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 His Majesty in right of Canada or the Province reasonably incurs any costs or expenses in taking any action or measure in relation to debris, 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; the person who is required to obtain an authorization under subsection 138.01(1) in respect of the work or activity from which the debris originated is liable, without proof of fault or negligence, up to the applicable limit of liability established under this section, for that loss, actual loss or damage, and for those costs and expenses; and the person who carried out a work or activity for which an authorization under subsection 138.01(1) was required in a facility that is now an abandoned facility from which the debris originated is liable, without proof of fault or negligence, up to the applicable limit of liability established under this section, for that loss, actual loss or damage, and for those costs and expenses. A person who is required to obtain an authorization under subsection 138.01(1) and who retains, to carry on a work or activity in respect of which the authorization is required, the services of a contractor to whom paragraph (1)(a) applies is jointly and severally liable with that contractor for any actual loss or damage, costs and expenses and loss of non-use value described in subsection (1). Limit of liability For the purposes of paragraphs (1)(b) and (c), the limit of liability is $1 billion. Lesser amount — Federal Minister’s order Despite subsection (3), the Federal Minister may, by order, on the Regulator’s recommendation and with the Provincial Minister’s approval, establish a limit of liability that is lower than the limit referred to in that subsection in respect of persons carrying out a work or activity relating to offshore renewable energy projects that is specified in the order or of persons who carried out that work or activity in a facility that is now an abandoned facility. Lesser amount — Regulator Despite subsections (3) and (4), the Regulator may, in the absence of regulations, establish a lower limit of liability for the purposes of paragraph (1)(c). Limits of liability — regulations Subject to section 7, the Governor in Council may, by regulation, establish a limit of liability that is higher than the limit referred to in subsection (3); establish a limit of liability that is lower than the limit referred to in subsection (3) for the purposes of paragraph (1)(c); and limit the amount of time during which a person referred to in paragraph (1)(c) may be held liable under that paragraph. Liability under another law — paragraph (1)(b) or (c) If a person is liable under paragraph (1)(b) or (c) with respect to an occurrence and the person is also liable under any other Act, without proof of fault or negligence, for the same occurrence, the person is liable up to the greater of the applicable limit of liability that is set out in subsection (3) and the limit up to which the person is liable under the other Act. If the other Act does not set out a limit of liability, the limit set out in subsection (3) does not apply. The costs and expenses that are recoverable by His Majesty in right of Canada or the Province under this section are not recoverable under subsection 42(1) of the Fisheries Act. Only His Majesty in right of Canada or the Province may bring an action to recover a loss of non-use value described in subsection (1). All claims under this section may be sued for and recovered in any court of competent jurisdiction in Canada. Claims in favour of persons incurring actual loss or damage described in subsection (1) are to be distributed pro rata and rank in priority over claims for costs and expenses described in that subsection, and the claims for costs and expenses rank in priority over claims to recover a loss of non-use value described in that subsection. Subject to subsections (8) and (9), nothing in this section suspends or limits Proceedings in respect of claims under this section may be instituted no later than the third anniversary of the day on which the loss, damage, costs or expenses occurred but in no case after the sixth anniversary of the day on which the facility, equipment or system in question was abandoned or the material in question broke away or was jettisoned or displaced. Financial resources An applicant for an authorization under subsection 138.01(1) shall provide proof that they have the financial resources necessary to pay an amount that is determined by the Regulator. The proof shall be in the form and manner that are prescribed or, in the absence of regulations, that are specified by the Regulator. Loss of non-use value In determining the amount, the Regulator is not required to consider any potential loss of non-use value relating to a public resource that is affected as a result of debris. The holder of the authorization shall ensure that the proof referred to in subsection (1) remains in force for the duration of the work or activity in respect of which the authorization is issued. Proof of financial responsibility An applicant for an authorization under subsection 138.01(1) shall provide proof of financial responsibility in an amount that is determined by the Regulator. The proof shall be in the form of a letter of credit, guarantee or indemnity bond or in any other form satisfactory to the Regulator. The holder of the authorization shall ensure that the proof of financial responsibility remains in force for the duration of the work or activity in respect of which the authorization is issued. The Regulator may require that moneys in an amount of not more than the amount prescribed for any case or class of cases, or fixed by the Regulator in the absence of regulations, be paid out of the funds available under the letter of credit, guarantee or indemnity bond or other proof provided under subsection (1) in respect of any claim for which proceedings may be instituted under section 183.19, whether or not those proceedings have been instituted. A required payment shall be made in the manner, subject to any conditions and procedures, and to or for the benefit of the persons or classes of persons that may be prescribed for any case or class of cases, or that may be required by the Regulator in the absence of regulations. If a claim is sued for under section 183.19, there shall be deducted from any award made as a result of the action on that claim any amount received by the claimant under this section in respect of the loss, damage, costs or expenses claimed. A committee, consisting of members appointed by each government and by representatives of the offshore renewable energy industry and of the fisheries industry, is established by the joint operation of this Act and the Provincial Act to review and monitor the application of sections 183.19 and 183.21 and any claims and the payment of claims made under those sections. Dissolution The committee may be dissolved only by the joint operation of an Act of Parliament and an Act of the Legislature of the Province. The Regulator shall promote and monitor compensation policies for fishers sponsored by the fishing industry respecting damages of a non-attributable nature. If debris or an accident or incident related to any work or activity to which this Division applies occurs or is found in any portion of the offshore area and results in death or injury or danger to public safety or the environment, the Regulator may direct an inquiry to be made and may authorize any person it deems qualified to conduct the inquiry. If debris or an accident or incident related to any work or activity to which this Division applies occurs or is found in any portion of the offshore area and is “serious”, as defined by regulation in accordance with paragraph 183.25(1)(a), the Regulator shall direct that an inquiry referred to in subsection (1) be made and shall ensure that the person who conducts the inquiry is not employed by the Regulator. As soon as feasible after the conclusion of an inquiry under subsection (1), the person or persons authorized to conduct the inquiry shall submit a report to the Regulator, together with the evidence and other material that was before the inquiry. The Regulator shall publish the report within 30 days after the Regulator receives it. The Regulator may supply copies of a report published under subsection (5) in any manner and on any terms that the Regulator considers appropriate. Reasonable care The holder of an authorization issued under subsection 138.01(1) shall take all reasonable care to ensure the safety of persons and facilities and the protection of property and the environment. Subject to section 7, the Governor in Council may, for the purposes of safety, the protection of the environment and accountability, make regulations defining, in relation to offshore renewable energy projects, “facility” and “equipment” for the purposes of section 139.1 and “serious” for the purpose of section 183.23; respecting works and activities related to offshore renewable energy projects; authorizing the Regulator, or any person, to make any orders that are specified in the regulations and to exercise any powers and perform any duties that are necessary for the design, construction, operation or abandonment of an offshore renewable energy project within the offshore area; respecting arbitrations relating to offshore renewable energy projects for the purposes of subsection 138.1(2), including the costs of or incurred in relation to such arbitrations; respecting the approvals to be granted as terms and conditions of authorizations issued under subsection 138.01(1); prohibiting, in relation to offshore renewable energy projects, the introduction into the environment of substances, classes of substances and forms of energy, in prescribed circumstances; respecting the creation, conservation and production of records relating to offshore renewable energy projects; and prescribing, in relation to offshore renewable energy projects, anything that is required to be prescribed for the purposes of this Part. Incorporation by reference Unless otherwise provided in this Part, a regulation made under subsection (1) may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time. authorize the use of equipment, methods, measures or standards in lieu of any required by any regulation made under section 183.25 if those Officers are satisfied that the use of that other equipment or those other methods, measures or standards would provide a level of safety and protection of the environment equivalent to that provided by compliance with the regulations; or grant an exemption from any requirement imposed by any regulation made under section 183.25 in respect of equipment, methods, measures or standards if those Officers are satisfied with the level of safety and protection of the environment that will be achieved without compliance with that requirement. One-officer authorizations 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, and the Chief Conservation Officer alone may exercise those powers if the regulatory requirement does not relate to safety. The Regulator may issue and publish, in any manner the Regulator considers appropriate, guidelines and interpretation notes with respect to the application and administration of section 138.01, any regulations respecting offshore renewable energy projects made under sections 29.1 and 183.25 and any regulations made under section 183.29 and subsection 183.3(3). Guidelines and interpretation notes issued under subsection (1) are deemed not to be statutory instruments for the purposes of the Statutory Instruments Act. Orders The Regulator may, by order, direct any of the following persons or bodies to take measures in respect of an abandoned facility that the Regulator considers necessary for the safety of persons or the abandoned facility or for the protection of property or the environment: the holder of an authorization under paragraph 138(1)(b) or subsection 138.01(1) or any other person; a provincial government or a provincial Crown corporation; and a local authority. Measures to be taken If a person or body does not comply with an order under subsection (1), the Regulator may take any action or measure the Regulator considers necessary; authorize an officer or employee, or class of officers or employees, of the Regulator to take the action or measure; or authorize a third party to take the action or measure. Orders deemed not to be statutory instruments Orders made under subsection (1) shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act. Subject to section 7, the Governor in Council may make regulations respecting abandoned facilities, including with respect to liability and to the proof of financial responsibility or financial resources to be provided by an applicant or holder of an authorization under subsection 138.01(1). Abandoned facilities A person shall not make contact with, alter or remove an abandoned facility unless they are authorized to do so in an order made under subsection (2) or by regulations. The Chief Safety Officer may make an order, subject to any conditions that that Officer considers appropriate, authorizing a person to make contact with, alter or remove an abandoned facility. Subject to section 7, the Governor in Council may make regulations respecting the circumstances in which or conditions under which an order under subsection (2) is not necessary. Orders and decisions final Except as provided in this Division, every decision or order of the Committee is final and conclusive. Decision or order defined Any minute or other record of the Committee or any document issued by the Committee, in the form of a decision or order, shall for the purposes of this section be deemed to be a decision or an order of the Committee. Stated case for Supreme Court of Newfoundland and Labrador The Committee may of its own motion or at the request of the Regulator state a case, in writing, for the opinion of the Supreme Court of Newfoundland and Labrador on any question that in the opinion of the Committee is a question of law or of the jurisdiction of the Committee. Proceedings on case The Supreme Court of Newfoundland and Labrador shall hear and determine the case stated, and remit the matter to the Committee with the opinion of the Court on the matter. Regulator may review orders of Committee The Regulator may, at any time, in its discretion, either on petition of any interested person or of its own motion, vary or rescind any decision or order of the Committee made under this Part, whether such order is made between parties or otherwise and any order that the Regulator makes with respect thereto becomes a decision or order of the Committee and, subject to section 187, is binding on the Committee and on all parties. Appeal to Supreme Court of Newfoundland and Labrador An appeal lies from a decision or order of the Committee to the Supreme Court of Newfoundland and Labrador on a question of law, on leave being obtained from that Court, in accordance with the practice of that Court, on application made within one month after the making of the decision or order sought to be appealed from or within any further time that Court may allow. Staying order Where leave to appeal is granted pursuant to subsection (1), any order of the Committee in respect of which the appeal is made shall be stayed until the matter of the appeal is determined. Powers of Court After the hearing of the appeal, the Supreme Court of Newfoundland and Labrador shall certify its opinion to the Committee and the Committee shall make any order necessary to comply with that opinion. Order subject to section 186 Any order made by the Committee pursuant to subsection (3), unless that order has already been dealt with by the Regulator pursuant to section 186, shall be subject to that section. Operational safety officers Subject to subsection (4), the Federal Minister and the Provincial Minister shall jointly designate as an operational safety officer for the purposes of the administration and enforcement of this Part an individual who has been recommended by the Regulator. The Ministers shall make the designation within 30 days after the day on which they receive the name of the individual from the Regulator. Conservation officers Subject to subsection (4), the Federal Minister and the Provincial Minister shall jointly designate as a conservation officer for the purposes of the administration and enforcement of this Part an individual who has been recommended by the Regulator. The Ministers shall make the designation within 30 days after the day on which they receive the name of the individual from the Regulator. Notice of designation The Ministers shall, without delay after making a designation, notify the Regulator, in writing, that the designation has been made. The Ministers shall not designate an individual if 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, as the case may be, under this Part. If an individual is not designated, the Ministers shall without delay notify the Regulator of it, in writing. Indemnification An individual designated under subsection (1) or (2) who is not an employee of the Regulator is deemed to be an officer for the purposes of section 16. Orders for verifying compliance 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 any person in charge of a place that is used for any work or activity in respect of which this Part applies or any other place in which that officer has reasonable grounds to believe that there is anything to which this Part applies to inspect anything in the place; to pose questions, or conduct tests or monitoring, in the place; to take photographs or measurements, or make recordings or drawings, in the place; to accompany or assist the officer while the officer is in the place; to produce a document or another thing that is in their possession or control, or to prepare and produce a document based on data or documents that are in their possession or control, in the form and manner that the officer may specify; to provide, to the best of their knowledge, information relating to any 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; to ensure that all or part of the place, or anything located in the place, that is under their control, not be disturbed for a reasonable period specified by the officer pending the exercise of any powers under this section; and to 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. Powers on entry 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 189.2, enter a place that is used for any work or activity in respect of which this Part applies or any other place in which that officer has reasonable grounds to believe that there is anything to which this Part applies, and may for that purpose inspect anything in the place; pose questions, or conduct tests or monitoring, in the place; take samples from the place, or cause them to be taken, for examination or testing, and dispose of those samples; remove anything from the place, or cause it to be removed, for examination, testing or copying; 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; use any computer system in the place, or cause it to be used, to examine data contained in or available to it; prepare a document, or cause one to be prepared, based on data contained in or available to the computer system; use any copying equipment in the place, or cause it to be used, to make copies; be accompanied while in the place by any individual, or be assisted while in the place by any person, that the officer considers necessary; and meet in private with any individual in the place, with the agreement of that individual. For greater certainty, an officer who has entered a place under subsection (2) may order any individual in the place to do anything described in paragraphs (1)(a) to (h). Return of things removed Anything removed under paragraph (1)(h) or (2)(d) for examination, testing or copying shall, if 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. Reports provided to holder of authorization An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, as the case may be, 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 any place that is used for a work or activity for which the authorization is issued. Entering living quarters If the place referred to in subsection 189(2) is living quarters 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 an operational safety officer or the Chief Safety Officer is not authorized to enter those quarters without the consent of the occupant except to execute a warrant issued under subsection (4), or to verify that those quarters, if on a marine installation or structure, as defined in subsection 205.001(1), are in a structurally sound condition. The officer shall provide reasonable notice to the occupant before entering living quarters under subparagraph (1)(b)(ii). Despite subparagraph (1)(b)(ii), any 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). Authority to issue warrant On ex parte application, a justice of the peace 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 any conditions specified in the warrant if the justice is satisfied by information on oath that the living quarters are a place referred to in subsection 189(2); entry to the living quarters is necessary to verify compliance with this Part; and 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. Authority to open locker The warrant may also authorize a locker described in subsection (3) to be opened, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that it is necessary to open the locker to verify compliance with this Part; and 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 that occupant. Use of force 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. Telewarrant provisions to apply A warrant may be issued under this section by telephone or other means of telecommunication on information submitted by an operational safety officer or 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. Definition of living quarters In this section, living quarters means sleeping quarters provided for employees, as defined in subsection 205.001(1), on a marine installation or structure, as defined in that subsection, and any room for the exclusive use of the occupants of those quarters that contains a toilet or a urinal. Certificate to be produced The Regulator 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 any place under the authority of this Part, the officer shall, if so required, produce the certificate to the person in charge of the place. Assistance to officers 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 189(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 any documents, data or information that are reasonably required for that purpose. Transportation, accommodation and food If the place referred to in subsection 189(2) is a marine installation or structure, as defined in subsection 205.001(1), 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, suitable transportation between the usual point of embarkation on shore and the marine installation or structure, between the marine installation or structure and the usual point of disembarkation on shore, and between marine installations or structures, if the marine installation or structure or marine installations or structures are situated in the offshore area; and suitable accommodation and food at the marine installation or structure. Obstruction of officers and making of false statements No person shall 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. On ex parte application, a justice of the peace may issue a warrant if the justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any place anything that will provide evidence or information relating to the commission of an offence under this Part. Powers under warrant The warrant may authorize an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, and any other 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 any conditions that may be specified in it: conduct examinations, tests or monitoring; take samples for examination or testing, and dispose of those samples; or take photographs or measurements, make recordings or drawings, or use systems in the place that capture images.

Where warrant not necessary 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 if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be feasible to obtain one. Exigent circumstances 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. Operation of computer system and copying equipment An individual authorized under this section to search a computer system in a place may use or cause to be used any computer system at the place to search any data contained in or available to the computer system; reproduce or cause to be reproduced any data in the form of a printout or other intelligible output; seize any printout or other output for examination or copying; and use or cause to be used any copying equipment at the place to make copies of the data. Duty of person in charge of place 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). The person in charge of a marine installation or structure, as defined in subsection 205.001(1), shall provide to an individual who is executing a warrant under this section at the marine installation or structure, free of charge, suitable return transportation between the marine installation or structure and any location from which transportation services to that marine installation or structure are usually provided, and between marine installations or structures, if the marine installation or structure or marine installations or structures are situated in the offshore area; and 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. Storage and removal 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 any other place for storage. The owner of the thing or the person who is lawfully entitled to possess it shall pay the costs of storage or removal. Perishable things If 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 any manner the officer considers appropriate. Any proceeds realized from its disposition shall be paid to the Receiver General. Serious bodily injury If an operational safety officer or the Chief Safety Officer, on reasonable grounds, is of the opinion that continuation of an operation in relation to the exploration or drilling for or the production, conservation, processing or transportation of petroleum or in relation to an offshore renewable energy project in any portion of the offshore area is likely to result in serious bodily injury, the operational safety officer or Chief Safety Officer, as the case may be, may order that the operation cease or be continued only in accordance with the terms of the order. 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. Expiry of order 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. Modification or revocation Immediately after an operational safety officer makes an order under subsection (1), they shall advise the Chief Safety Officer accordingly, and the Chief Safety Officer may modify or revoke the order. Reference to provincial court judge The person carrying out the operation to which an order under subsection (1) makes reference or any 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 thereupon 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. Inquiry by a provincial court judge A provincial court judge to whom an order is referred pursuant to this section shall inquire into the need for the order and for that purpose has all the powers of a commissioner under Part I of the Inquiries Act. Burden of proof Where an order has been referred to a provincial court judge pursuant to this section, the burden of establishing that the order is not needed is on the person who requested that the order be so referred. Provincial court judge’s decision conclusive A provincial court judge to whom an order is referred pursuant to this section may confirm or set aside the order and the decision of the provincial court judge is final and conclusive. Operations in respect of which order made No person shall continue an operation in respect of which an order has been made pursuant to this section, except in accordance with the terms of the order or until the order has been set aside by a provincial court judge pursuant to this section. Priority 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. Installation manager Every holder of an authorization under paragraph 138(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 is responsible for the safety of the installation and the persons at it. Powers Subject to this Act and any other Act of Parliament, an installation manager has the power to do such things as are required to ensure the safety of the installation and the persons at it, and, more particularly, may give orders to any person who is at the installation; order that any person who is at the installation be restrained or removed; and obtain any information or documents. Emergency 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. Facility manager Every holder of an authorization under subsection 138.01(1) in respect of a work or activity for which a prescribed facility is to be used shall put in command of the facility a manager who meets any prescribed qualifications, and the facility manager is responsible for the safety of the facility and the persons at it. Subject to this Act and any other Act of Parliament, a facility manager has the power to do anything that is required to ensure the safety of the facility and the persons at it and, more particularly, may give orders to any person who is at the facility; order that any person who is at the facility be restrained or removed; and In a prescribed emergency situation, a facility manager’s powers are extended so that they also apply to each person in charge of a vessel, vehicle or aircraft that is at the facility or that is leaving or approaching it. Offences Every person is guilty of an offence who contravenes this Part or the regulations; makes any false entry or statement in any report, record or document required by this Part or the regulations or by any order made under this Part or the regulations; destroys, mutilates or falsifies any report or other document required by this Part or the regulations or by any order made under this Part or the regulations; produces any petroleum from a pool or field under the terms of a unit agreement within the meaning of Division II, or any amended unit agreement, before the unit agreement or amended unit agreement is filed with the Chief Conservation Officer; undertakes or carries on a work or activity without an authorization under paragraph 138(1)(b) or without complying with the approvals or requirements, determined by the Regulator in accordance with the provisions of this Part or granted or prescribed under this Part, of an authorization issued under that paragraph; undertakes or carries on a work or activity without an authorization under subsection 138.01(1) or without complying with the terms and conditions of the authorization that were determined by the Regulator in accordance with the provisions of this Part or granted or prescribed under this Part; or fails to comply with a direction, requirement or order of an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer or with an order of an installation manager, a facility manager or the Committee. Punishment Every person who is guilty of an offence under subsection (1) is liable on summary conviction, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding one year, or to both; or on conviction on indictment, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years, or to both. Sentencing principles 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: 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 the amount of the fine should reflect the gravity of each aggravating factor associated with the offence. Aggravating factors The aggravating factors are the following: the offence caused harm or risk of harm to human health or safety; the offence caused damage or risk of damage to the environment or to environmental quality; the offence caused damage or risk of damage to any unique, rare, particularly important or vulnerable component of the environment; the damage or harm caused by the offence is extensive, persistent or irreparable; the offender committed the offence intentionally or recklessly; the offender failed to take reasonable steps to prevent the commission of the offence; by committing the offence or failing to take action to prevent its commission, the offender increased their revenue or decreased their costs or intended to increase their revenue or decrease their costs; the offender has a history of non-compliance with federal or provincial legislation that relates to safety or environmental conservation or protection; and after the commission of the offence, the offender attempted to conceal its commission, failed to take prompt action to prevent, mitigate or remediate its effects, or failed to take prompt action to reduce the risk of committing similar offences in the future. Absence of aggravating factor The absence of an aggravating factor set out in subsection (4) is not a mitigating factor. Meaning of damage For the purposes of paragraphs (4)(b) to (d), damage includes loss of use value and non-use value. 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. Due diligence defence No person shall be found guilty of an offence under this Part if they establish that they exercised due diligence to prevent the commission of the offence. Presumption against waste No person commits an offence under subsection 154(1) by reason of committing waste as defined in paragraph 154(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. Offence by officers, etc., of corporation If 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: an officer, director or agent of the corporation; and any other individual exercising managerial or supervisory functions in the corporation. Offence by employee or agent 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. Imprisonment precluded in certain cases If an individual is convicted of an offence under this Part on proceedings by way of summary conviction, no imprisonment may be imposed in default of payment of any fine imposed as punishment. [Repealed, 2015, c. 4, s. 117] Order of court 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: 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; 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; directing the offender to take any measures that the court considers appropriate to avoid any injury or damage that may result from the act or omission that constituted the offence, or to remedy any injury or damage resulting from it; directing the offender to carry out environmental effects monitoring in the manner established by the Regulator or directing the offender to pay, in the manner specified by the court, an amount of money for the purposes of environmental effects monitoring; directing the offender to make changes to their environmental management system that are satisfactory to the Regulator; directing the offender to have an environmental audit conducted by a person of a class and at the times specified by the Regulator and directing the offender to remedy any deficiencies revealed during the audit; directing the offender to pay to Her Majesty in right of Canada, for the purpose of promoting the conservation, protection or restoration of the environment, or to pay into the Environmental Damages Fund — an account in the accounts of Canada — an amount of money that the court considers appropriate; directing the offender to pay to the Regulator an amount of money that the court considers appropriate for the purpose of conducting research, education and training in matters related to the protection of the environment, conservation of petroleum resources or safety of petroleum operations or offshore renewable energy projects; 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; directing the offender to submit to the Chief Safety Officer, on application by the Chief Safety Officer within three years after the conviction, any information with respect to the offender’s activities that the court considers appropriate in the circumstances; 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; 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; directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court; 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; 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; 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; prohibiting the offender from taking measures to acquire an interest or from applying for any new licence or other authorization under this Act during any period that the court considers appropriate. Coming into force and duration of order An order made under subsection (1) comes into force on the day on which the order is made or on any other day that the court may determine, but shall not continue in force for more than three years after that day. 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 Regulator may, in the manner that the court directed the offender, publish those facts and details and recover the costs of publication from the offender. Debt due to Regulator If the Regulator incurs publication costs under subsection (3), the costs constitute a debt due to the Regulator and may be recovered in any court of competent jurisdiction. Variation of sanctions Subject to subsection (2), if a court has made, in relation to an offender, an order under section 196, the court may, on application by the offender or the Regulator, require the offender to appear before it and, after hearing the offender and the Regulator, 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: 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 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. 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. Subsequent applications with leave If an application made under subsection 196.1(1) in relation to an offender has been heard by a court, no other application may be made under section 196.1 in relation to the offender except with leave of the court. Recovery of fines and amounts 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 196(1) or 196.1(1), the prosecutor may, by filing the conviction or order, as the case may be, 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 them in that Court in civil proceedings. Continuing offences Where an offence under this Part is committed on more than one day or is continued for more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued. [Repealed, 1992, c. 35, s. 83] Time limited for summary conviction proceedings Proceedings by way of summary conviction for an offence under this Part may be instituted at any time within but no later than three years after the day on which the subject-matter of the proceedings arose, unless the prosecutor and the defendant otherwise agree. In any prosecution for an offence under this Part, a copy of any order or other document purporting to have been made pursuant to 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 any evidence to the contrary, proof of the matters set out therein. Jurisdiction of judge or justice Any complaint or information in respect of an offence under this Part may be heard, tried or determined by a justice or judge if 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. Action to enjoin not prejudiced by prosecution Notwithstanding that a prosecution has been instituted in respect of an offence under this Part, the regulations or any order made pursuant to this Part or the regulations, the Regulator may commence and maintain an action to enjoin the committing of any contravention of this Part, the regulations or any order made pursuant to this Part or the regulations. Civil remedy not affected No civil remedy for any act or omission is suspended or affected by reason that the act or omission is an offence under this Part. In any proceedings for an offence under this Part an information may include more than one offence committed by the same person; all those offences may be tried concurrently; and one conviction for any or all offences so included may be made. designating as a violation that may be proceeded with in accordance with this Part the contravention of any specified provision of this Part or of any of its regulations, 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 the failure to comply with any term or condition of an operating licence or authorization, or a specified class of operating licences or authorizations, issued under this Part, or any approval or exemption or a specified class of approvals or exemptions, granted under this Part; 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 respecting the service of documents required or authorized under section 202.06, 202.2 or 202.5, including the manner and proof of service and the circumstances under which documents are considered to be served. Maximum The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for 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. The Regulator may establish the form of notices of violation; designate persons or classes of persons who are authorized to issue notices of violation; establish, in respect of each violation, a short-form description to be used in notices of violation; and designate persons or classes of persons to conduct reviews under section 202.4. Commission of violation 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 202.01(1)(a) commits a violation and is liable to a penalty of an amount to be determined in accordance with the regulations. Purpose of penalty The purpose of the penalty is to promote compliance with this Part and not to punish. Liability of directors, officers, etc. 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. Proof of violation 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. Issuance and service of notice of violation If a person designated under paragraph 202.02(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. Contents The notice of violation shall name the person that is believed to have committed the violation; set out the relevant facts surrounding the violation; set out the amount of the penalty for the violation; inform the person of their right, under section 202.2, to request a review with respect to the amount of the penalty or the facts of the violation, and of the period within which that right is to be exercised; inform the person of the manner of paying the penalty set out in the notice; and inform the person that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they will be considered to have committed the violation and that they are liable to the penalty set out in the notice. Certain defences not available A person named in a notice of violation does not have a defence by reason that the person exercised due diligence to prevent the commission of the violation; or reasonably and honestly believed in the existence of facts that, if true, would exonerate the person. Common law principles 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. Continuing violation 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. Violation or offence 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. Violations not offences For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation. Limitation or prescription period No notice of violation is to be issued more than two years after the day on which the matter giving rise to the violation occurred. Right to request review 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 Regulator allows, make a request to the Regulator for a review of the amount of the penalty or the facts of the violation, or both. Correction or cancellation of notice of violation At any time before a request for a review in respect of a notice of violation is received by the Regulator, a person designated under paragraph 202.02(b) may cancel the notice of violation or correct an error in it. On receipt of a request made under section 202.2, the Regulator shall conduct the review or cause the review to be conducted by a person designated under paragraph 202.02(d). The Regulator shall conduct the review if the notice of violation was issued by a person designated under paragraph 202.02(d). Object of review The Regulator or the person conducting the review shall determine, as the case may be, 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. Determination The Regulator 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. Correction of penalty If the Regulator 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 Regulator or the person, as the case may be, shall correct the amount of the penalty. Responsibility If the Regulator 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 202.06 or as set out in the determination if the amount of the penalty was corrected under subsection (3). Determination final A determination made under this section is final and binding and, subject to review by the Supreme Court of Newfoundland and Labrador, is not subject to appeal or to review by any court. 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. Payment If a person pays the penalty set out in a notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended. Failure to act A person that neither pays the penalty imposed under this Part nor requests a review within the period referred to in section 202.2 is considered to have committed the violation and is liable to the penalty. Debt to His Majesty A penalty constitutes a debt due to His Majesty in right of the Province and may be recovered in the Supreme Court of Newfoundland and Labrador. No proceedings to recover the debt are to be instituted more than five years after the day on which the debt becomes payable. The Regulator may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 202.9(1). Registration in the Supreme Court of Newfoundland and Labrador 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. Admissibility of documents In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 202.06(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation. The Regulator may make public the nature of a violation, the name of the person who committed it and the amount of the penalty. Subject to section 7, the Governor in Council may make such regulations not inconsistent with this Part as may be deemed necessary for carrying out the purposes of this Part, and, without limiting the generality of the foregoing, may make regulations defining and distinguishing more particularly for the purposes of Divisions I and II the expressions “oil” and “gas”. This Part applies to every interest or right in petroleum acquired or vested before the coming into force of this section and is binding on Her Majesty in right of Canada or a province. Operating licences Where an operating licence was issued under subsection 3.2(1) of the Oil and Gas Production and Conservation Act and is in force on the coming into force of this section, it shall be deemed to be an operating licence issued by the Regulator under this Part. Authorizations and development plan approval Where, prior to the coming into force of this section, authorization for any work or activity or approval of a development plan was given under subsection 3.2(1) of the Oil and Gas Production and Conservation Act or any regulation made under that Act, the authorization or approval shall be deemed to have been given by the Regulator under this Part. The following definitions apply in this Part. authorization means an authorization issued under paragraph 138(1)(b) or subsection 138.01(1). (autorisation) Chief Safety Officer means the person designated as the Chief Safety Officer under section 140. (délégué à la sécurité) committee means a special committee and a workplace committee. (comité) coordinator means an employee designated under subsection 205.045(1) to act as an occupational health and safety coordinator. (coordonnateur) declaration means a declaration referred to in subsection 139.1(1) or (2). (déclaration) 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. (employé) employer means a person who employs or contracts for the services of any individual in respect of a work or activity for which an authorization has been issued, if that person has the power to exercise direction and control over the individual’s work at the workplace. (employeur) hazardous substance includes a controlled product and any 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. (substance dangereuse) health and safety officer means an occupational health and safety officer or a special officer. (agent de santé et de sécurité) interest holder has the same meaning as in section 47. (Version anglaise seulement) marine installation or structure includes any ship, including any ship used for construction, production or diving or for geotechnical or seismic work, any offshore drilling unit, including a mobile offshore drilling unit, any production platform, subsea installation, pipeline as defined in section 135, pumping station or storage structure, any facility or structure used for producing, storing or transmitting an offshore renewable energy product, including an electrical substation, any living accommodation or loading or landing platform, and any other work, or work within a class of works, prescribed under paragraph (4)(a); but does not include any vessel, including any supply vessel, standby vessel, shuttle tanker or seismic chase vessel, that provides any supply or support services to a ship, installation, structure, work or anything else described in paragraph (a), unless the vessel is within a class of vessels that is prescribed under paragraph (4)(b), or any ship or vessel within a class of ships or vessels prescribed under paragraph (4)(c). (ouvrage en mer) Newfoundland and Labrador social legislation means the provisions of the following Acts, as those Acts are amended from time to time: the Communicable Diseases Act, R.S.N.L. 1990, c. C-26, the Food and Drug Act, R.S.N.L. 1990, c. F-21, the Health and Community Services Act, S.N.L. 1995, c. P-37.1, the Human Rights Act, 2010, S.N.L. 2010, c. H-13.1, the Labour Standards Act, R.S.N.L. 1990, c. L-2, the Public Safety Act, S.N.L. 1996, c. P-41.01, the Radiation Health and Safety Act, R.S.N.L. 1990, c. R-1, and the Workplace Health, Safety and Compensation Act, R.S.N.L. 1990, c. W-11. (lois sociales) occupational health and safety officer means an individual designated by the Federal Minister under section 205.071. (agent de santé et de sécurité au travail) operator means a person who holds an authorization. (exploitant) 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 any entity in which the person has vested all or any part of their right, title or interest. (propriétaire) passenger craft means any aircraft or vessel used to transport employees to or from a workplace while — and immediately before — it is transporting them. (véhicule de transport) person includes individuals, corporations and partnerships. (personne) personal protective equipment includes personal protective clothing, personal protective devices and personal protective materials. (équipement de protection personnelle) provider of services means a person who, for commercial gain, provides services 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 provides services 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 139.2(6), or the services of any person who provides information or advice, issues a certificate or affixes a professional seal or stamp. (fournisseur de services) provincial labour relations board means the Labour Relations Board continued under the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time. (Version anglaise seulement) Provincial Minister means the minister of the government of the Province who is responsible for occupational health and safety. (ministre provincial) special committee means a special committee established under section 205.046. (comité spécial) special officer means an individual designated under section 205.072. (agent spécial) supervisor means an employee who is in charge of a workplace or part of a workplace or who has authority over other employees. (superviseur) supplier means a person who, for commercial gain, manufactures, supplies, sells, leases, distributes or installs any tool, equipment, machine or device, any biological, chemical, or physical agent or any other prescribed thing, to be used at a workplace or on a passenger craft. (fournisseur de biens) union means a trade union as defined in the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time, that has the status of a bargaining agent under that Act in respect of any bargaining unit at a workplace, or any organization representing employees that has exclusive bargaining rights under any other Act of the Legislature of the Province in respect of those employees. (syndicat) workplace means any marine installation or structure where an employee is employed in connection with a work or activity for which an authorization has been issued; any 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 any dive site from which, and any 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. (lieu de travail) workplace committee means a workplace committee established under section 205.043. (comité du lieu de travail) Hazardous Products Act definitions In this Part, controlled product, hazard symbol, Ingredient Disclosure List, label and material safety data sheet have the same meanings as in section 2 and subsection 11(1) of the Hazardous Products Act. Subsection 11(2) of that Act also applies for the purposes of this Part. Subject to section 7 and on the recommendation of the Federal Minister and the Minister of Labour, the Governor in Council may make regulations defining danger, dive site, diving operation and incident for the purposes of this Part; and amending the definition Newfoundland and Labrador social legislation in subsection (1) to add any Act of the Legislature of the Province or to remove any Act from the definition. Subject to section 7 and on the recommendation of the Federal Minister, the Minister of Labour and the Minister of Transport, the Governor in Council may make regulations prescribing a work or a class of works for the purposes of subparagraph (a)(iv) of the definition marine installation or structure in subsection (1); prescribing a class of vessels for the purposes of subparagraph (b)(i) of the definition marine installation or structure in subsection (1); and prescribing a class of ships or vessels for the purposes of subparagraph (b)(ii) of the definition marine installation or structure in subsection (1). Employees in transit For the purposes of sections 205.005, 205.007 and 205.008, an employee is deemed to be at a workplace within the offshore area 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. Application of Part This Part applies to and in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum, or for the purposes of offshore renewable energy projects, within the offshore area. Employees and other passengers in transit 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. Non-application of Parts II and III of Canada Labour Code Despite subsections 123(1) and 168(1) of the Canada Labour Code and any other Act of Parliament, Parts II and III of the Canada Labour Code do not apply to and in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum, or for the purposes of offshore renewable energy projects, within the offshore area. Non-application of Canadian Human Rights Act The Canadian Human Rights Act does not apply to or in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum, or for the purposes of offshore renewable energy projects, within the offshore area. Non-application of Non-smokers’ Health Act The Non-smokers’ Health Act does not apply to or in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum, or for the purposes of offshore renewable energy projects, within the offshore area. Application of Newfoundland and Labrador social legislation Newfoundland and Labrador social legislation and any regulations made under it apply to and in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum, or for the purposes of offshore renewable energy projects, within the offshore area. Inconsistency or conflict In the event of an inconsistency or conflict between the provisions of this Act, or any regulations made under it, and the provisions of Newfoundland and Labrador social legislation or any 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. Application of Labour Relations Act, R.S.N.L. 1990, c. L-1 Despite section 4 of the Canada Labour Code and any other Act of Parliament, the provisions of the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time, and any regulations made under it, apply to and in respect of a marine installation or structure that is situated within the offshore area in connection with the exploration or drilling for — or the production, conservation or processing of — petroleum, or in connection with offshore renewable energy projects, within the offshore area and that is in the offshore area for the purpose of becoming, or that is, permanently attached to, permanently anchored to or permanently resting on the seabed or subsoil of the submarine areas of the offshore area; a dive site from which, and any 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. Application of Part I of Canada Labour Code Part I of the Canada Labour Code applies to and in respect of a marine installation or structure that is situated within the offshore area in connection with the exploration or drilling for — or the production, conservation or processing of — petroleum, or in connection with offshore renewable energy projects, within the offshore area if subsection (1) does not apply to or in respect of the marine installation or structure. Prevention of accidents and injury 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 allocating responsibility for occupational health and safety among the Regulator and the persons, unions and committees having obligations under this Part; and establishing a framework for them to exercise their rights and carry out their obligations. Preventive measures 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. The allocation of responsibility for occupational health and safety is based on the following principles: operators have overall responsibility; and 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. Specific obligations not to limit general obligations For greater certainty, the imposition of any specific obligation under this Part shall not be construed as limiting the generality of any other obligation under this Part. Duty to establish occupational health and safety policy Every operator shall develop an occupational health and safety policy governing its workplaces. The policy shall be set out in writing and contain the commitments of the operator related to occupational health and safety, including its commitment to cooperate with employees with regard to health and safety; the responsibilities of the employers at any of the operator’s workplaces related to occupational health and safety; and any prescribed requirements. Duty to review The operator shall review the policy at least every three years in consultation with each workplace committee that it establishes and with each employer at any of the operator’s workplaces. Every 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.

Specific duties — workplace Every operator shall, in respect of each of its workplaces, ensure the coordination of all work and activities for which an authorization has been issued to the operator; 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; ensure that information necessary for the health and safety of employees and other individuals at the workplace is communicated to them; 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; ensure that each employee at the workplace is made aware of known or foreseeable health or safety hazards; 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; ensure that any installations, facilities, equipment and materials at the workplace are properly installed, stored and maintained and are safe for their intended use; ensure that all employees and other individuals at the workplace conduct themselves so as to minimize their exposure to hazards, including hazardous substances; 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; 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; 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; comply with the occupational health and safety requirements of any 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 any measures taken to rectify the failure or to prevent further such failures; 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 any authorization related to that workplace that is issued to the operator, and those undertaken in the declaration related to the authorization, and report any instances of failures to comply with those requirements to the operator; inform the relevant interest holders of the occupational health and safety requirements of any authorization related to that workplace that is issued to the operator, and those undertaken in the declaration related to the authorization, and of any failure to comply with those requirements; ensure that members of 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; cooperate with those committees and facilitate communications between the employees and the committees; ensure that all or part of the workplace as described in paragraphs (a) and (b) of the definition workplace in subsection 205.001(1) 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; ensure that a record is kept of each inspection referred to in paragraph (q), including any corrective action taken as a consequence; and cooperate with the Regulator and with persons carrying out duties or functions under this Part. Exception to paragraph (1)(q) Despite paragraph (1)(q), all or part of a workplace described in paragraph (a) of the definition workplace in subsection 205.001(1) does not have to be inspected at least once a month if that workplace, or that part of the workplace, is normally unattended and is used for the purpose of carrying out an offshore renewable energy project. Specific duties — passenger craft Every operator shall, each time before employees or other passengers are transported on a passenger craft to or from any of its workplaces, ensure that the employees and other passengers are provided with any information and instruction — including any that are prescribed — necessary for their health and safety; and ensure that the employees are provided with the operator’s contact information for the purposes of subsection 205.054(2). Specific duty — passenger craft Every operator shall ensure that a passenger craft going to or from any of its workplaces meets the requirements of any Act or other law that relates to the health or safety of the employees and other passengers on the passenger craft; and is equipped with any equipment, devices and materials necessary to ensure the health and safety of the employees and other passengers, including any that are prescribed. Specific duties — personal protective equipment Every operator shall ensure that all employees and other passengers on a passenger craft going to or from any of its workplaces are provided with any personal protective equipment necessary to ensure their health and safety, including any that is prescribed; and are provided with the information and training — including any that are 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). Occupational health and safety management system Every 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 purposes of implementing its occupational health and safety policy; ensuring that the provisions of this Part and the regulations made under this Part are complied with; and 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. The system shall be set out in writing and include provisions regarding the management of risks to the health and safety of employees — including any prescribed risks — and procedures for the ongoing and systematic identification and reporting of all hazards, the assessment of risks associated with identified hazards, and the implementation of hazard control measures; the role of any committee established for any of the operator’s workplaces and the interaction between those committees; 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; 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; the procedures for carrying out work or activities, dealing with changes in operations and responding to emergencies; 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; the auditing of the adequacy and effectiveness of the system, including determining the ability of the system to achieve the purposes set out in subsection (1), and identifying improvements that could be made to the system; and the implementation of the improvements identified during the audit referred to in paragraph (g). The operator shall review the system at least every three years in consultation with each workplace committee that it establishes. If the regulations establish requirements in respect of anything described in any of paragraphs (2)(a) to (h), the system shall meet the requirements of those regulations. Power to require code of practice 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 any of its workplaces or any work or activity carried out at any of its workplaces; or the transportation of employees to or from any of its workplaces. Revision of code of practice 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. Notification of accidents, etc. Every operator shall, as soon as it becomes known to the operator, notify the Chief Safety Officer of any occupational disease at any of its workplaces; or any 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. Investigation of accidents, etc. Every operator shall investigate any occupational disease, or any 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. 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 any special committee established for any of its workplaces, a written report for the immediately preceding calendar year, in a form determined by that Officer. 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. Definition of serious injury In this section, serious injury means an injury that 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; results in the permanent impairment of a body function of an individual; or prevents an employee from reporting for work or from effectively performing all the functions connected with their regular work on any day subsequent to the day on which the injury occurred, whether or not that subsequent day is a working day for them. Every employer shall take all reasonable measures to ensure the health and safety of its employees and other individuals at a workplace under its control; 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 the health and safety of its employees while — and immediately before — they are transported on a passenger craft. Specific duties Every employer shall, in respect of each workplace under its control, and in respect of any activity performed by any of its employees at a workplace that is not under its control, to the extent that it controls the activity, coordinate its undertaking with the work and activities of the operator and of any other employer at the workplace who may be affected by that undertaking; ensure that the operator’s occupational health and safety management system is complied with and carry out any responsibilities assigned to the employer under that system; 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; 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; ensure that its employees comply with the provisions of this Part and the regulations made under this Part; ensure that each of its employees, and particularly each supervisor, is made aware of known or foreseeable health or safety hazards; ensure that its undertaking is conducted so as to minimize its employees’ exposure to hazards and, in respect of any other individuals at a workplace under its control, to minimize their exposure to hazards; 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; 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 or employer to be used or worn; provide its employees with the instruction, training and supervision — including any that are prescribed — necessary for their health and safety; ensure that the occupational health and safety requirements of any authorization related to the workplace are complied with; 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 any authorization related to the workplace; 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; cooperate with and facilitate communication with committees established for the workplace; provide to members of any 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; ensure that all or part of the workplace as described in paragraphs (a) and (b) of the definition workplace in subsection 205.001(1) 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 Exception to paragraph (1)(p) Despite paragraph (1)(p), all or part of a workplace described in paragraph (a) of the definition workplace in subsection 205.001(1) does not have to be inspected at least once a month if that workplace, or that part of the workplace, is normally unattended and is used for the purpose of carrying out an offshore renewable energy project. Training An employee who, with the approval of their 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 they been working. Occupational health and safety program For the purpose of implementing the operator’s occupational health and safety policy, every 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, if five or more employees are normally employed at the workplace by the employer; the program is required by the Chief Safety Officer; or the requirement for such a program is prescribed. The program shall be set out in writing and include provisions regarding the management of risks to the health and safety of the employees — including any prescribed risks — and procedures for the training and supervision of the employees that are necessary to ensure their health and safety and that of other individuals at the workplace; 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; the roles of committees and their interaction in implementing the operator’s occupational health and safety policy; 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; 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; the procedures to be followed to deal with 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 the keeping of related records and statistical analysis; the auditing of the adequacy and effectiveness of the program, including 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 identifying improvements that could be made to the program; and the implementation of the improvements identified during the audit referred to in paragraph (h). If the regulations establish requirements in respect of anything described in any of paragraphs (2)(a) to (i), the program shall meet the requirements of those regulations. The Chief Safety Officer may, in writing, require an employer to establish, in respect of a workplace under the employer’s control or any 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 such a workplace, work or activity, a code of practice in respect of occupational health and safety that is specified by the Chief Safety Officer. 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. Specific duties of employer — hazardous materials Subject to any exceptions that are prescribed, every employer shall, in respect of each workplace under its control, and in respect of any activity performed by any of its employees at a workplace that is not under its control, to the extent that it controls the activity, ensure that concentrations of hazardous substances at the workplace are controlled in accordance with any standards that are prescribed; ensure that all hazardous substances at the workplace are stored and handled in the manner that is prescribed; ensure that all hazardous substances at the workplace, other than controlled products, are identified in the manner that is prescribed; subject to the Hazardous Materials Information Review Act, 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; subject to the Hazardous Materials Information Review Act, 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, if the controlled product is a pure substance, its chemical identity, and if it is not a pure substance, the chemical identity of any of its ingredients that is a controlled product and the concentration of that ingredient, if 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, the chemical identity of any 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, the chemical identity of any ingredient of the controlled product whose toxicological properties are not known to the employer and the concentration of that ingredient, and any other information that is prescribed with respect to the controlled product; if 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, as the case may be; and 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. Employer to provide information in emergency Every employer shall, in respect of each workplace under its control, and in respect of an activity performed by any of its employees at a workplace that is not under its control, to the extent that it controls the activity, provide, in respect of any controlled product to which an employee may be exposed, as soon as the circumstances permit, any information referred to in paragraph 205.022(e) that is in the employer’s possession to any physician — or other medical professional that is prescribed — who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, an employee in an emergency. Any physician — or other medical professional that is prescribed — to whom information is provided by an employer under subsection (1) shall keep confidential any information specified by the employer as being confidential, except for the purpose for which it is provided. Every supervisor shall take all reasonable measures to ensure the health and safety of employees and other individuals that they supervise at a workplace. Every supervisor shall ensure that the employees that they supervise comply with the provisions of this Part and the regulations made under this Part; inform their employer and each of those employees of known or foreseeable health or safety hazards; if required to do so by their 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 report to their employer any 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 any authorization related to the workplace that is issued to the operator. Every employee at a workplace or on a passenger craft shall take all reasonable measures to protect their own health and safety and that of other individuals at the workplace or on the passenger craft. Every employee at a workplace shall cooperate with the operator and with all employers and other employees to protect the health and safety of individuals at the workplace; use or wear, in the manner intended, all personal protective equipment that is prescribed or that is required by the operator or their employer to be used or worn; 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); consult and cooperate with committees established for the workplace; cooperate with the Regulator and with persons carrying out duties or functions under this Part; follow all instructions of their employer given for the purposes of ensuring occupational health and safety; and report to their 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. Every employee shall while — and immediately before — being transported on a passenger craft, cooperate with the individual providing them with information and instruction on behalf of the operator, with their employer and with any 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 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. Limitation of liability — employee No 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 personally liable for any 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. Duty of supplier — reasonable measures Every 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. Every supplier shall ensure 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 if there is an obligation in an agreement for the supplier to maintain the thing in safe condition, that it complies with that obligation. Duty of provider of services — reasonable measures Every provider of services shall take all reasonable measures to ensure that no individual at a workplace or on a passenger craft is endangered as a result of the services that it provides in connection with the workplace or passenger craft. Every provider of services shall 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; ensure that any 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, as the case may be, to make a competent judgment on the basis of the information; and ensure, to the extent that it is possible to do so, that any operator, employer, employee, supplier or owner, or any other 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 of the occupational health and safety requirements of the authorization or those undertaken in the declaration related to the authorization. Duty of owner — reasonable measures Every owner shall take all reasonable measures to ensure that any workplace in respect of which they are 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 reducing the risks posed by hazards at the workplace; and assessing whether the provisions of this Part and the regulations made under this Part — and the occupational health and safety requirements of any 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 — are being complied with. Duty of interest holder — reasonable measures Every interest holder shall take all reasonable measures to ensure that the operator for a workplace in any portion of the offshore area subject to the interest, or the share of the interest, of that interest holder complies with the provisions of this Part and the regulations made under this Part; and the occupational health and safety requirements of any 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. Duty of directors and officers of operators Every director and every officer of a corporation that holds an authorization shall take all reasonable measures to ensure that the corporation complies with the occupational health and safety requirements of the authorization, and the occupational health and safety requirements undertaken in the declaration related to the authorization. Duty of directors and officers of suppliers and providers of services Every director and every officer of a corporation that is a supplier or a provider of services shall take all reasonable measures to ensure that the corporation complies with sections 205.03 to 205.033. Duty of directors and officers of interest holders Every director and every officer of a corporation shall, if the corporation has duties under section 205.035, take all reasonable measures to ensure that the corporation complies with that section. Posting of information — operator Every operator shall post in printed form, in a prominent place at each of its workplaces, its occupational health and safety policy; contact information to enable the reporting of health or safety concerns to the Regulator; and the names of the members of any committees established by the operator for that workplace, the members’ contact information and the minutes of the most recent meeting of those committees. Information and documents — operator Every 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 copy of this Part and the regulations made under this Part; a copy of the document describing the operator’s occupational health and safety management system; any code of practice required by the Chief Safety Officer under section 205.016 to be established or adopted by the operator for that workplace; any code of practice required by the Chief Safety Officer under section 205.021 to be established or adopted by any employer at that workplace; information relating to the equipment, methods, measures, standards or other things permitted to be used at the workplace under any permission granted under section 205.069, any conditions placed on the use of that equipment or those methods, meas­ures, standards or other things and the duration of the permission; and 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 any permission granted to the operator under section 205.07, any conditions placed on the use of that equipment or those methods, measures, standards or other things and the duration of the permission. Incorporated material — operator Every operator shall, at the request of any employee or employer at any of the operator’s workplaces or by any 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. Information — operator Every operator shall provide to any committee established for any of its workplaces, or to any employer or employee at any of those workplaces, in printed or electronic form, within seven days after the day on which an occupational health and safety officer requires it, any information that enables employees to become acquainted with their rights and responsibilities under this Part as the officer may require. Obligation to post satisfied An obligation imposed on an operator under subsection (1) is satisfied if the operator provides a copy of the information or document to each employee at the workplace. Posting of information — employer Every 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. Program and codes of practice — employer Every 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 copy of the occupational health and safety program for the workplace; and any code of practice required by the Chief Safety Officer under section 205.021 to be established or adopted by the employer for the workplace. Material and information — employer Every employer shall make available to the Regulator, if required by an occupational health and safety officer, and to any 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, any material or information referred to in subsections 205.037(3) and (4). An obligation imposed on an employer under subsection (1) is satisfied if the employer provides a copy of the information or document to each of its employees at the workplace. Chief Safety Officer information — operator Every operator shall communicate to employees at a workplace and the workplace committee any 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. Chief Safety Officer information — employer An employer shall communicate to its employees at a workplace any 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. Provision of information to committees Every operator and every 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, as the case may be, including a report under section 205.074, notify all committees established for the workplace of the report and, subject to section 205.041, within seven days after the day on which a request is received from any of those committees, shall provide that committee with a copy of it. Reports available to employees Every operator shall make available to any employee at the workplace, and the employer shall make available to any of its employees at the workplace, on request, a copy of any report that has been provided to a committee established for the workplace. Editing of report — trade secrets If a report referred to in subsection 205.04(1) contains a trade secret, the operator or employer, as the case may be, may edit the report to protect the trade secret. Editing of report — medical information If a report referred to in subsection 205.04(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, as the case may be, 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. Edited report The edited report shall be provided to the committee within 21 days after the day on which the committee’s request is received. Response to request for information — operator Subject to subsections (3) and (4), every operator who receives from a committee established for any of its workplaces or any employee at any of its workplaces a written request for any information related to occupational health and safety, other than a request for a report referred to in subsection 205.04(1), shall provide a written response to the request within 21 days after the day on which it is received. Response to request for information — employer Subject to subsections (3) and (4), every employer who receives from a special committee it has established or any of its employees a written request for any information related to occupational health and safety, other than a request for a report referred to in subsection 205.04(1), shall provide a written response to the request within 21 days after the day on which it is received. Limitation — special committees If the request is made by a special committee, the operator or employer is required to respond only if the information is necessary for the particular purposes for which the committee was established. Other provisions Subsections 205.047(3) to (8) apply to the request with any modifications that the circumstances require. Establishment Every operator shall establish one workplace committee for each of its workplaces, other than a workplace established for six months or less, for purposes related to occupational health and safety. Despite subsection (1), the Chief Safety Officer may authorize an operator to establish a single workplace committee in respect of two or more workplaces if the Chief Safety Officer is satisfied that the circumstances warrant it. Other committees An occupational health and safety committee described in subsection 205.045(1) is deemed 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. Duties of workplace committee A workplace committee shall receive, consider, investigate if necessary and promptly dispose of matters and complaints related to occupational health and safety; participate in inspections referred to in paragraphs 205.013(q) and 205.019(1)(p), in the investigation of any matter under paragraph 205.022(f) and in the activities of any health and safety officers that pertain to a matter under section 205.049 or subsection 205.05(8) or 205.054(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; 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 any person within a class of persons that is prescribed; 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 any person within a class of persons that is prescribed; and perform any 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 any employers and employees — or the union representing them — at the workplace. Functions of workplace committee A workplace committee may 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; 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 any procedures — required under this Part; advise on the provision of personal protective equipment suited to the needs of the employees; make recommendations, for the improvement of occupational health and safety, to the operator and the employers and employees at the workplace and to any supplier, owner or provider of services that carries out duties or functions under this Part; and participate in the activities described in subsection 205.079(1). Limitation of liability An individual who serves as a member of a workplace committee is not personally liable for anything done or omitted to be done by them in good faith while carrying out their duties or functions. Number of members A workplace committee consists of any number of individuals that may be agreed to by the operator and the employees at the workplace or the unions representing them. Selection of members 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. 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. Meetings A workplace committee shall meet at least once every month, or more frequently if the Chief Safety Officer requires it. Time off work An employee who is a member of a workplace committee is entitled to any time off from work that is necessary to enable them to fulfil their duties and functions as a member of the committee, including time off to take training. 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 they worked for that time. Rules of procedure A workplace committee may establish its own rules of procedure, but in establishing those rules it shall comply with any requirements that are prescribed. Co-chairpersons A workplace committee is to be co-chaired by two 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. Resolution of disagreements If there is disagreement as to the size of a workplace committee, the selection of members or any other 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. A determination by the Chief Safety Officer is final and binding and not subject to review or appeal. Occupational health and safety coordinator If an operator establishes a workplace for six 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 205.044(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. Duties of coordinator The coordinator shall receive, consider, investigate if necessary, and promptly dispose of matters and complaints related to occupational health and safety; assist their employer in carrying out the employer’s duties under paragraph 205.022(f); 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 any person within a class of persons that is prescribed; and perform any other duties that are assigned to them by the Chief Safety Officer. Recommendations 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 any supplier, owner or provider of services that has duties or functions under this Part. Duties of operator The operator shall ensure that the coordinator is informed of their responsibilities as coordinator under this section; ensure that the coordinator is provided with the training in health and safety — including any that is prescribed — necessary to enable them to fulfil their duties and functions as coordinator; and make readily available to employees at the workplace, in printed form, the name of the coordinator and the coordinator’s contact information. Duties of operator and employer 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. An individual who serves as a coordinator is not personally liable for anything done or omitted to be done by them in good faith while carrying out their duties or functions. An employee who is a coordinator is entitled to any time off from work that is necessary to enable them to fulfil their duties and functions as a coordinator, including time off to take training. 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 they worked for that time. Order to establish special committee — operator 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. Order to establish special committee — employer 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. Mandate, duties and functions The order shall set out the mandate, duties and functions of the special committee and the responsibilities of the operator or employer, as the case may be. The operator or employer, as the case may be, shall establish the special committee within 15 days after the day on which it receives the order. Provisions applicable Paragraphs 205.043(5)(b) and (d) and subsections 205.043(6) and 205.044(1) to (7) apply, with any modifications that the circumstances require, in respect of a special committee. Response to recommendations 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, as the case may be, 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. Nature of response 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.

Response delayed — explanation If it is not possible to provide a response within 21 days, the operator or employer, as the case may be, 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. Revised date for response Unless the committee notifies the operator or employer, as the case may be, 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. Report of delay If 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. Confirmation of date If 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, as the case may be, that the operator or employer is to provide the response by the date indicated. The operator or employer, as the case may be, shall provide the response by that date. Fixing new date If 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, as the case may be, of that date. The operator or employer, as the case may be, shall provide the response by that date. Report regarding response If the committee has not been provided with a response to its recommendations within the period required or if it considers that the response is not satisfactory, it shall inform an occupational health and safety officer of the matter. Observers A workplace committee may choose an employee at the workplace to observe the set-up of, or any 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 the subsequent monitoring of the conditions referred to in paragraph (a), including the taking of samples and measurements. Every employer who conducts an activity described in paragraph (1)(a) or (b) at the workplace, and the operator if the operator conducts such an activity, shall permit the observer to observe the activity. 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. Notice and access When an operator or an employer monitors health and safety conditions at a workplace, the following requirements apply: if 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); if 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; 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 the operator or employer carrying out the monitoring shall, at the request of the observer, explain the monitoring process to the observer. Monitoring by health and safety officers Monitoring may be carried out on the order of a health and safety officer under section 205.073 even if the notices referred to in paragraphs (4)(a) to (c) have not been given. Compensation of employees An employee acting as an observer shall be paid the same wages and granted the same benefits that the employee would have received had they been working. Duty to report 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 their concern to their supervisor. Resolve concern The employee and the supervisor shall try to resolve the employee’s concern between themselves as soon as possible. Notice to employer, etc. If the employee’s concern is not resolved, they may notify their employer, and when so notified the employer shall in turn notify the workplace committee or the coordinator, as the case may be, and the operator. Notice to health and safety officer If the employee’s concern is not resolved after they notify their employer, the employee may notify a health and safety officer. Refusal to perform activity Subject to subsection (2), an employee may refuse to perform an activity at a workplace if they have reasonable cause to believe that the performance of the activity constitutes a danger to themselves or another individual. Circumstances when refusal not permitted An employee is not permitted to refuse to perform an activity if the refusal puts the life, health or safety of another individual directly in danger. Report to supervisor An employee who refuses to perform an activity shall immediately report the circumstances of the matter to their supervisor. Action by supervisor The supervisor shall immediately take action to try to resolve the matter. If the supervisor believes that a danger exists, they shall immediately take any action that is necessary to protect any individual from the danger and to inform the workplace committee or the coordinator, as the case may be, the operator and the employee’s employer of the matter. If the supervisor does not believe that a danger exists, they shall so notify the employee. Report to employer, etc. If the employee continues to refuse to perform the activity, they shall immediately notify their employer and the workplace committee or the coordinator, as the case may be, 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. Report to occupational health and safety officer 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 any remedial action taken. Recommendations of committee or coordinator The workplace committee or the coordinator, as the case may be, may make any recommendations that they consider 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. Enquiry and decision The occupational health and safety officer shall, if the employee continues to refuse to perform the activity, enquire into the matter, taking into account the recommendations, if any, made by the workplace committee or the coordinator. 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, as the case may be, a written notification of their decision on the matter. Dangerous situation — order If 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 any order under subsection 205.093(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. No right to refuse If 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. Opportunity to explain reasons for refusal An employee who refuses under section 205.05 to perform an activity may accompany an occupational health and safety officer when the officer is enquiring into the matter under subsection 205.05(8), for the purpose of explaining the reasons for the employee’s refusal. Compensation of employee 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 they had not exercised their right to refuse. Assignment of equivalent work Subject to any applicable collective agreement or other agreement, if an employee refuses under section 205.05 to perform an activity, the employer may assign reasonably equivalent work to the employee until the employee, by virtue of subsection 205.05(9) or (10), is no longer permitted to refuse to perform the activity. Compensation during assignment If 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, as the case may be, shall pay them the same wages and grant them the same benefits that they would have received had they not refused to perform the activity. Compensation if no assignment If 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, as the case may be, shall, until the employee, by virtue of subsection 205.05(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 they would have received had they not refused to perform the activity. No compensation if refusal of equivalent work Subject to any applicable collective agreement or other agreement, if the employee refuses an assignment of reasonably equivalent work, they are not entitled to receive any wages or benefits. Other employees For as long as the employee continues to exercise their 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. Repayment Subject to any applicable collective agreement or other agreement, the employer, or the provider of services that is providing services related to the placement of the employee, as the case may be, may require repayment of any wages and benefits received by an employee under subsection (3) if the provincial labour relations board determines in respect of an application made under section 205.063, 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. Compensation for other employees Subject to any 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 they would have received had no work stoppage occurred, until work resumes or until they return to their usual point of disembarkation on shore, whichever event occurs first. Equivalent work Subject to any 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. Refusal to be transported An employee may refuse to be transported on a passenger craft if they have reasonable cause to believe that being transported on it constitutes a danger to them. Report to operator An employee who refuses to be transported on a passenger craft shall use the contact information provided under paragraph 205.014(1)(b) to immediately report the circumstances of the matter. Notice to Chief Safety Officer or delegate 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 purposes of this subsection, in which case the operator shall use that contact information to make the notification. Notice to passengers For as long as the employee continues to exercise their right to refuse to be transported on the passenger craft, or for any 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. Action by operator The operator shall immediately take action to try to resolve the matter. If the operator believes that the transportation constitutes a danger to the employee, it shall immediately take any 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. If the operator does not believe that the transportation constitutes a danger to the employee, it shall so notify the employee. Report to workplace committee, etc. If 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. The employer shall in turn notify any provider of services that is providing services related to the placement of that employee. Recommendations of committee The workplace committee may make any recommendations to the employee and the operator that it considers appropriate. The occupational health and safety officer shall, if the employee continues to refuse to be transported, enquire into the matter, taking into account any recommendations made by the workplace committee. 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. The employer shall in turn notify any provider of services that is providing services related to the placement of that employee. If the occupational health and safety officer decides that the transportation constitutes a danger to the employee, the officer shall make any order under subsection 205.093(1) or (2) that they consider 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. If 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. Subject to any applicable collective agreement or other agreement, if an employee refuses under section 205.054 to be transported, the employer may assign reasonably equivalent work to the employee until the employee, by virtue of subsection 205.054(9) or (10), is no longer permitted to refuse to be transported. If an employee is assigned reasonably equivalent work, the employer or the provider of services that is providing services related to the placement of the employee, as the case may be, shall pay the employee the same wages and grant the employee the same benefits that they would have received had they not refused to be transported. If an employee has not been assigned reasonably equivalent work, the employer or the provider of services that is providing services related to the placement of the employee, as the case may be, shall, until the employee, by virtue of subsection 205.054(9) or (10), is no longer permitted to refuse to be transported, pay the employee the same wages and grant the employee the same benefits that they would have received had they not refused to be transported. Subject to any applicable collective agreement or other agreement, if an employee refuses an assignment of reasonably equivalent work, the employee is not entitled to receive any wages or benefits. Cessation of functions Without prejudice to the rights conferred by section 205.05 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. Notification 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, as the case may be. Medical certificate The employee shall provide to her employer, and any 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 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 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. Provision no longer applicable Without prejudice to any other right conferred by this Part, by a collective agreement, by another agreement or by any terms and conditions of employment, once the medical practitioner has established that there is a risk as described in subsection (1), the employee is no longer permitted to cease to perform her job under that subsection. Employer may reassign 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. Status of employee Whether or not the employee has been reassigned to another job, she is deemed 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. Reassignment and job modification 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. The employee’s request shall be accompanied by a certificate described in paragraph 205.056(3)(a). Employer’s obligations An employer to whom a request has been made under subsection 205.057(1) shall examine the request in consultation with the employee and, if feasible, shall modify the functions connected with her regular work or shall reassign her. The employer shall notify any provider of services that is providing services related to the placement of that employee that the request has been made. Rights of employee An employee who has made a request under subsection 205.057(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 any provider of services that is providing services related to the placement of that employee, as the case may be — that she would have received had she not been on leave of absence until the employer modifies the functions connected with her regular work or reassigns her; or informs her in writing that it is not feasible to modify the functions connected with her regular work or to reassign her. Onus of proof 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. Employee to be informed If 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. If the functions connected with the employee’s regular work are modified or the employee is reassigned, the employee is deemed to continue to hold the job that she held at the time of making the request under subsection 205.057(1), and shall continue to receive the wages and benefits that are attached to that job. Employee’s right to leave 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. Definition of reprisal action In this section and in sections 205.06 and 205.062, reprisal action means an action that adversely affects an employee with respect to their terms or conditions of employment or any 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 any disciplinary sanction, reprimand or other penalty; and 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. No operator, employer, provider of services or union shall take, or threaten to take, reprisal action against an employee. No action against employee Without limiting the generality of subsection (2), actions referred to in paragraph (1)(a) cannot be taken against an employee for 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; acting as an observer under section 205.048; making a report under section 205.049; refusing to perform an activity under section 205.05, refusing to be transported under section 205.054 or ceasing to perform a job under section 205.056; requesting the employer under section 205.057 to modify the functions connected with the employee’s regular work or to reassign the employee; seeking access to information to which the employee is entitled under this Part; testifying in any proceeding or inquiry under this Part; or 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 any other person having duties or functions under this Part, or under Part III as it relates to safety. Disciplinary action Despite paragraph (3)(d), any action referred to in paragraph (1)(a) may be taken against an employee who has exercised rights under section 205.05 or 205.054 after all avenues of redress have been exhausted by the employee, if the operator, employer, provider of services or union taking the action can demonstrate that the employee has wilfully abused those rights. The operator, employer, provider of services or union shall provide the employee with written reasons for any action taken under subsection (4) within 15 days after the day on which a request is received from the employee to do so. Application by employee for decision An employee may, either personally or through a representative, apply to the provincial labour relations board for a decision as to whether an employer or provider of services has failed to pay wages or grant benefits to the employee that are required under subsection 205.019(2), 205.044(4), 205.045(7), 205.048(6), 205.051(2), 205.052(2) or (3), 205.053(1) or (2), 205.055(2) or (3), 205.056(6) or 205.058(2) or (5); or a person or organization has taken or threatened to take reprisal action against the employee contrary to subsection 205.059(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. In a proceeding before the provincial 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. Conduct of proceeding The rules of practice and procedure that apply to applications for the determination of a matter made under the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time (in this section and in sections 205.063, 205.1 and 205.103 referred to as the “Provincial Labour Relations Act”) apply to applications made under subsection (1). The costs incurred by the provincial labour relations board in respect of an application made under subsection (1), including the remuneration of its members, shall be paid by the Regulator. Powers, privileges and immunities The provincial labour relations board and each of its members has the powers, privileges and immunities granted by the Provincial Labour Relations Act. Non-application of Federal Courts Act For the purposes of the Federal Courts Act, the provincial labour relations board, when exercising jurisdiction or powers under this section, is not a federal board, commission or other tribunal as defined in subsection 2(1) of that Act. Grievance under collective agreement An employee who is aggrieved by a subject-matter described in paragraph (1)(a) or (b) should, if 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. Exercise of rights An employee who exercises their 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. In that case, the employee may, within 90 days after the day on which a final determination is made that the arbitrator does not have jurisdiction, make an application under that subsection. Notice of decision If the provincial labour relations board dismisses an application made under subsection 205.06(1) it shall immediately give notice of the decision to the applicant, the Chief Safety Officer and the operator, as well as to the employer, provider of services, person or organization that is the subject of the application. Order to pay wages or grant benefits If the provincial 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, as the case may be, subject to any terms and conditions that it considers appropriate, to pay those wages or grant those benefits; and to take any other measure necessary to remedy the matter. Order in case of reprisal action If the provincial labour relations board decides that a person or organization has taken reprisal action contrary to subsection 205.059(2), it may, subject to any terms and conditions that it considers appropriate, order 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; 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; the removal of any reprimand or other references to the matter from the records of any person or organization; the reinstatement of an employee to a union if the employee has been expelled by the union; and the taking by the person or organization of any other measure necessary to remedy the matter. Order in case of threat of reprisal action If the provincial labour relations board decides that a person or organization has threatened to take reprisal action contrary to subsection 205.059(2), it shall order the person or organization not to take that action. Copy of order to Chief Safety Officer The provincial labour relations board shall, immediately after making an order under this section, give a copy of it to the Chief Safety Officer. Order to specify breach 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 205.059(2), as the case may be. Application by employer or provider of services An employer or a provider of services may apply in writing to the provincial labour relations board for a determination as to whether an employee has received wages and benefits under subsection 205.052(3) knowing that no circumstances existed that would warrant the employee’s refusal, under section 205.05, to perform an activity; or an employee has received wages and benefits under subsection 205.055(3) knowing that no circumstances existed that would warrant the employee’s refusal, under section 205.054, to be transported. The application shall be made within 30 days after all avenues of redress have been exhausted by the employee. 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. The rules of practice and procedure that apply to applications for the determination of a matter made under the Provincial Labour Relations Act apply to applications made under subsection (1). If the provincial labour relations board dismisses an application made under subsection 205.063(1), 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. If the provincial labour relations board determines that an employee has received wages and benefits under subsection 205.052(3) or 205.055(3) knowing that no circumstances existed that would warrant the refusal by the employee under section 205.05 to perform an activity, or the refusal by the employee under section 205.054 to be transported, as the case may be, 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. Research, studies and programs The Regulator may, for the purposes of this Part, undertake research into the causes of and the means of preventing or reducing occupational injury and illness; cause studies to be made into occupational health and safety; publish the results of the research or studies; compile, prepare and disseminate information related to occupational health and safety obtained from the research and studies; implement programs to prevent or reduce occupational injury and illness; and implement — in accordance with the regulations, if any — programs for medical monitoring and examination related to occupational health and safety, request any employer to do so or appoint any medical practitioner qualified in occupational medicine to do so. Consent for medical monitoring or examination For the purposes of paragraph (1)(f), medical monitoring or examination of an employee may be conducted only with the employee’s written consent. Cooperation with governments, etc. The Regulator may carry out the activities described in paragraphs (1)(a), (e) and (f) in conjunction with any department or agency of the Government of Canada, the government of any province or a foreign government, or with any other organization that carries out similar activities. The Regulator may issue and publish, in any manner that it considers appropriate, guidelines and interpretation notes with respect to the application and administration of this Part. The guidelines and interpretation notes are not statutory instruments for the purposes of the Statutory Instruments Act. Recommendation of Chief Safety Officer On receipt under subsection 138(3.1) or 138.01(2) of an application for an authorization, or to amend an authorization, the Chief Safety Officer shall 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 make a written recommendation to the Regulator on the matters considered. Regulator to take recommendation into account In deciding whether to issue or amend an authorization, the Regulator shall take into account the recommendation of the Chief Safety Officer. Authorization — occupational health and safety In addition to any requirement, approval, term or condition determined by the Regulator under Part III to which an authorization is subject, the authorization is also subject to any requirements, approvals, terms and conditions not inconsistent with the provisions of this Act or the regulations, that the Regulator determines relate to occupational health and safety. Powers of Chief Safety Officer — workplace 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, in lieu of any required by regulations made under this Part, if 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. The regulations are not considered to be contravened if there is compliance with a permission under subsection (1). The application shall be in a form acceptable to the Chief Safety Officer; include information with respect to the consequences to health and safety that might reasonably be anticipated if the permission is granted; and be accompanied by technical information sufficient to enable the Chief Safety Officer to make a decision on the application. 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 any 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. Notice at workplace If the application is made in respect of an existing workplace, the applicant shall give a copy of the application to the operator. An operator shall, immediately after it receives or makes an application relating to an existing workplace post a copy of it in printed form in a prominent place at the workplace; and provide a copy to any committee established for that workplace and to any union representing employees within the offshore area. Decision 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. Reconsideration of decision 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 if 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. In that case, subsections (1) to (6) apply with the necessary modifications. Powers of Chief Safety Officer — passenger craft The Chief Safety Officer may, on application by an 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, in lieu of any required by regulations made under this Part, if the granting of the permission is not otherwise prohibited by regulation made under this Part and if he or she is satisfied that protection of the health and safety of the employees or other passengers being transported would not be diminished. include information with respect to the consequences to health and safety that might reasonably be anticipated if the permission is granted; be accompanied by technical information sufficient to enable the Chief Safety Officer to make a decision on the application; and be accompanied by documentation issued by the Minister of Transport indicating that if the permission is granted, it would not contravene any Act or law that applies to the operation of a passenger craft. 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 any 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. An 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 any committee established for that workplace. 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. The Chief Safety Officer may, on his or her own initiative or on application by the operator who requested a 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. In that case, subsections (1) to (6) apply with the necessary modifications. Occupational health and safety officers Subject to subsection (3), the Federal Minister shall, within 30 days after the day on which the Minister is notified that the Provincial Minister has designated an individual as an occupational health and safety officer under the Provincial Act, designate that individual as an occupational health and safety officer for the purposes of the administration and enforcement of this Part. The Federal Minister shall, without delay after making the designation, notify the Provincial Minister in writing that the designation has been made and provide a copy to the Regulator. The Federal Minister shall not designate an individual if he or she is not satisfied that the individual is qualified to exercise the powers and carry out the duties and functions of an occupational health and safety officer under this Part. If an individual is not designated, the Federal Minister shall without delay notify the Provincial Minister of it in writing and provide a copy to the Regulator. No individual may be designated under subsection (1) unless they have been recommended to the Provincial Minister by the Regulator. An individual designated under subsection (1) who is not an employee of the Regulator is deemed to be an officer for the purposes of section 16. An individual designated under subsection (1) shall be provided with a certificate of designation, and, on entering any place under the authority of this Part shall, if so requested, produce the certificate to the person in charge of the place. Special officers If the Provincial Minister is satisfied that the circumstances described in paragraphs (a) and (b) exist and he or she appoints an individual as a special officer under the Provincial Act in relation to a matter connected to the risk described in paragraph (a), the Federal Minister may, after being advised of that appointment, and subject to subsection (2), designate that individual as a special officer for the purposes of the administration and enforcement of this Part in relation to the same matter: 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 the risk cannot be avoided through the exercise of powers conferred under subsection 42(1.1) or section 205.119 or 205.12. The Federal Minister may designate the individual only if he or she, after consulting with the Minister of Labour, is satisfied that the circumstances described in paragraphs (1)(a) and (b) exist and that the individual is qualified to exercise the powers and carry out the duties and functions of a special officer under this Part. The Federal Minister shall, without delay after making a designation, notify the Provincial Minister in writing that the designation has been made and provide a copy to the Regulator. The individual shall be provided with a certificate of designation and, on entering any place under the authority of this Part, shall, if so requested, produce the certificate to the person in charge of the place. No liability No action lies against the Regulator for anything done or omitted to be done by an individual designated under subsection (1) while carrying out their duties or functions, or by any person in the course of assisting such an individual. 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 do, in a place that is used for any 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: inspect anything, pose questions or conduct tests or monitoring, and take photographs or measurements or make recordings or drawings; to accompany or assist the officer while the officer is in a place described in paragraph (a); to ensure that all or part of a place described in paragraph (a), or anything located in the place, that is under their control, not be disturbed for a reasonable period pending the exercise of any powers under this section; and to 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. A health and safety officer may, for the purpose of verifying compliance with this Part, order any 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 ensure that all or part of the place, or anything located in the place, that is under their control, not be disturbed for a reasonable period pending the exercise of any powers under this section; and to remove anything from the place and to provide it to the officer, in the manner specified by the officer, for examination, testing or copying. A health and safety officer may, for the purpose of verifying compliance with this Part and subject to section 205.075, enter a place that is used for any 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 any other place in which the officer has reasonable grounds to believe that there is anything to which this Part applies, and may for that purpose For greater certainty, a health and safety officer who has entered a place under subsection (3) may order any individual in the place to do anything described in paragraphs (1)(a) to (f) or (2)(a) to (h), as the case may be. Anything removed under paragraph (1)(f), (2)(h) or (3)(d) for examination, testing or copying shall, if 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. Reports to be provided to operator 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. Reports to be provided to employer A health and safety officer shall provide to each employer at a workplace written reports respecting anything inspected, tested or monitored at 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. If a report contains a trade secret, the health and safety officer may edit the report to protect the trade secret. Editing of report — medical and other information If 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. If the place referred to in subsection 205.073(3) is living quarters, a health and safety officer is not authorized to enter those quarters without the consent of the occupant except to execute a warrant issued under subsection (4); to verify that any lifesaving equipment that is prescribed is readily available and in good condition; or to verify that those quarters, if on a marine installation or structure, are in a structurally sound condition sufficient to ensure the health and safety of employees. The officer shall provide reasonable notice to the occupant before entering living quarters under paragraph (1)(b) or (c). Despite paragraphs (1)(b) and (c), any 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). On ex parte application, a justice of the peace may issue a warrant authorizing a health and safety officer who is named in it to enter living quarters subject to any conditions specified in the warrant if the justice is satisfied by information on oath that the living quarters are a place referred to in subsection 205.073(3);

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. 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. 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 any room for the exclusive use of the occupants of those quarters that contains a toilet or a urinal. The operator for, employers, employees and supervisors at, 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 205.073(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 any documents, data or information that is reasonably required for that purpose. If the place referred to in subsection 205.073(3) is a workplace, the operator shall provide to the health and safety officer, and to every individual accompanying that officer, free of charge, 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 suitable accommodation and food at the workplace. False statements or information No person shall make a false or misleading statement or provide false or misleading information, in connection with any 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 205.099. Obstruction No person shall 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 205.099. Accompaniment of health and safety officer A health and safety officer who is inspecting, testing or monitoring anything in a workplace under subsection 205.073(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. Employee representative unavailable If no employee representative from the workplace committee is available, the officer may select one or more other employees to accompany them. Unaccompanied examination The officer may carry out the activities without being accompanied by an employer or employee representative if either or both of them are unavailable and the officer considers that it is necessary to proceed immediately with those activities. Consultation with employees If 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. 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 they been working. The warrant may authorize a health and safety officer, and any other 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 any conditions that may be specified in it: A health and safety officer may exercise the powers described in this section without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be feasible to obtain one. Exigent circumstances include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or the loss or destruction of evidence. An operator shall provide, free of charge, to an individual who is executing a warrant under this section at any of its workplaces suitable return transportation between the workplace and any location from which transportation services to that workplace are usually provided, and between workplaces; and 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 any other place for storage. The owner of the thing or the person who is lawfully entitled to possess it shall pay the costs of storage or removal. If the thing seized is perishable, a health and safety officer may destroy the thing, or otherwise dispose of it in any manner the officer considers appropriate. Any proceeds realized from its disposition shall be paid to the Receiver General. Serious injury or death In the case of an incident at a workplace, or involving a passenger craft, that results in serious injury or death, no person shall, unless authorized to do so by a health and safety officer, disturb anything related to the incident except to the extent necessary to attend to any individuals who are injured or killed; prevent further injuries; or prevent damage to or loss of property. Exception — passenger craft If 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, 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). Provision of information No person shall prevent an employee from providing to a health and safety officer or to the Regulator, or to any person or committee having duties or functions under this Part, information that they may require to carry out their duties or functions. Information not to be disclosed Subject to sections 205.087 to 205.089, no person shall — except for the purposes of this Part, for the purposes of a prosecution under this Part, for the purposes of Part III as it relates to safety or for the purposes of a prosecution under Part III that relates to safety — disclose the results of activities carried out by or on the order of a health and safety officer for the purpose of verifying compliance with this Part; or activities carried out under a warrant issued under this Part. Non-disclosure of identity Subject to section 205.088, no individual to whom information obtained under this Part is communicated in confidence shall disclose the identity of the individual who provided it except for the purposes of this Part, and no individual who obtains such information in confidence is competent or compellable to disclose the identity of the individual who provided it before any court or other tribunal except by order of the court or tribunal on any terms and conditions that the court or tribunal considers just. Non-disclosure of trade secrets Subject to subsections (2) and 205.088(1), trade secrets that become known to a health and safety officer who enters a place under subsection 205.073(3), or to an individual accompanying or a person assisting the officer, are privileged and shall not be disclosed except for the purposes of this Part, or for the purposes of Part III as it relates to safety. Information on hazardous products and materials Information that, under the Hazardous Materials Information Review Act, a person is exempt from disclosing under paragraph 205.022(d) or (e) or under paragraph 13(a) or (b) of the Hazardous Products Act, and that is obtained by a health and safety officer who enters a place under subsection 205.073(3), or by an individual accompanying or a person assisting the officer, is privileged and, despite the Access to Information Act or any other Act or law, shall not be disclosed to any other person except for the purposes of this Part, or for the purposes of Part III as it relates to safety. Secondary release of information Subject to subsection 205.088(2), 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 them. Disclosure by Chief Safety Officer Despite section 119, 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 205.085 or information the disclosure of which is restricted under section 205.086 — 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 purposes of a federal or provincial law or activity or a foreign law, if 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. Disclosure by federal government or agency Officials of the federal government or of an agency of the federal government may for the purposes 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, if 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 federal government or agency and the Officer. 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 them, unless it is disclosed for the same purposes and subject to the conditions referred to in that subsection. Access to information by governments The Federal Minister and the Provincial Minister are entitled to access to any information that is recorded in any form — other than information relating to the medical history of an identifiable individual or information the disclosure of which is restricted under subsection 205.086(2) — if the record is under the control of the Regulator 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. 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 purposes of this Part or for the purposes of Part III as it relates to safety. Disclosure by Regulator Despite section 119, the Regulator may, after consulting with the Chief Safety Officer, disclose information under its control that relates to this Part — other than information relating to 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 205.085 or information the disclosure of which is restricted under section 205.086 — if the Regulator is satisfied that the public interest in making the disclosure clearly outweighs any potential harm resulting from the disclosure. No health and safety officer and no individual who has accompanied or person who has assisted the officer in carrying out the officer’s duties or functions may 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 Regulator. Non-application of section 205.084 If a person to whom subsection (1) applies is required to give testimony in civil or administrative proceedings for which they have the written permission referred to in that subsection, section 205.084 does not apply to restrict the disclosure of the results described in that section. No person shall be required to produce or give evidence in any civil or administrative proceeding relating to any information disclosed to them under subsection 205.087(1) or (2) or 205.088(1). No action against health and safety officer No action lies against a health and safety officer for anything done or omitted to be done by them in good faith while carrying out their duties or functions under this Part; or an individual accompanying or a person assisting a health and safety officer for anything done or omitted to be done by them in good faith while carrying out their duties or functions under this Part. Order to terminate contravention 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 any person may order the person to terminate the contravention within the time that the officer specifies; and take measures specified by the officer, within the period that they specify, to ensure that the contravention does not continue or reoccur. Dangerous situations — order If 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 any person to take measures, immediately or within the period that the officer specifies to correct the hazard or condition, or to alter the activity, that constitutes the danger; or to protect any individual from the danger. Dangerous situations — additional order If a health and safety officer is of the opinion that the measures cannot be taken immediately, the officer may order any person not to use a place, operate a thing or perform an activity to which an order under subsection (1) relates until that order is complied with. Necessary measures Nothing in subsection (2) prevents the doing of anything necessary to comply with the order under subsection (1). Posting notice of danger If 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 no person shall remove the notice unless they are authorized by a health and safety officer to do so. Cessation of use If 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 no individual shall use or operate the place or thing or perform the activity until the order under subsection (1) is complied with. Copy of order A health and safety officer shall give a copy of any order they make under section 205.092 or subsection 205.093(1) or (2) to the person to whom it is directed and to the operator to whom the order relates. If a special officer makes the order, they shall give a copy of it to the Chief Safety Officer also. Copy to affected employee If an occupational health and safety officer makes an order under section 205.092 or subsection 205.093(1) or (2) as a result of being notified under subsection 205.049(4), 205.05(6) or 205.054(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 205.049(1) or who exercised their rights under section 205.05 or 205.054. Confirmation in writing If an order is made orally under section 205.092 or subsection 205.093(1) or (2), it shall be confirmed in writing and a copy given, as soon as possible, to the persons who, under subsections (1) and (2), are required to be given a copy. When order may be made A health and safety officer may make an order under section 205.092 or subsection 205.093(1) or (2) even if the officer is not physically present in the place to which the order refers. Compliance notice The person to whom an order under section 205.092 or subsection 205.093(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 they have complied with the order, unless the officer decides that the notice is not necessary because compliance with the order has been achieved. Priority — special officer 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, as defined in section 135, to the extent of any inconsistency between the orders. Priority — occupational health and safety officer 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, as defined in section 135, to the extent of any inconsistency between the orders or decisions. Duty of operator or employer Subject to subsections (2) and (3), every operator or employer, as the case may be, 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, as the case may be: an order made under section 205.092 or subsection 205.093(1) or (2); a notice of compliance referred to in section 205.095; an application for a review made under subsection 205.098(1) or a decision made under subsection 205.099(1); or an application for a determination made under subsection 205.1(2) or a decision or order made under subsection 205.1(6). Editing of document — trade secrets If any document required to be posted under subsection (1) contains a trade secret, the operator or employer, as the case may be, may, before posting it, edit it to protect that trade secret. If 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. Editing of document — medical and other information If any 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, as the case may be, 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. An obligation imposed on an operator or employer under subsection (1) is satisfied if the operator or employer, as the case may be, ensures that the document is posted for the time necessary, which is at least 30 days or any longer period that is prescribed, to enable employees at the workplace to inform themselves of the content; or the operator or employer, as the case may be, provides a copy of the document to each employee at the workplace. Subject to subsection (2), any person who is, or any union representing employees who are, directly affected by a decision of an occupational health and safety officer under subsection 205.05(10) or 205.054(10), or by an order of an occupational health and safety officer under section 205.092 or subsection 205.093(1) or (2), may apply for a review by the Chief Safety Officer of the decision or order. If the Chief Safety Officer, acting as an occupational health and safety officer, makes a decision under subsection 205.05(10) or 205.054(10) or an order under section 205.092 or subsection 205.093(1) or (2), he or she is not permitted to review those decisions or orders. 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, if the decision or order was made orally, of it being confirmed in writing. No stay 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. On receiving an application for a review, the Chief Safety Officer shall, in a summary way and without delay, enquire into the circumstances of the decision or order and may confirm, vary or revoke the decision or order. In making his or her enquiry, the Officer may consider new information including, but not limited to, information provided by the applicant. Review not prevented 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 any person concerning that matter. Communication of decision 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 any person who made representations in relation to the matter under review. Effect of decision A decision of the Chief Safety Officer made under this section that is not appealed is final and binding and not subject to review. Any person who is, or any union representing employees who are, directly affected by any of the following decisions or orders may appeal the decision or order to the provincial labour relations board: an order of a special officer under section 205.092 or subsection 205.093(1) or (2); an order of the Chief Safety Officer referred to in subsection 205.046(1) or (2) or 205.098(2); or a decision of the Chief Safety Officer under subsection 205.099(1). An appeal shall be made by filing an application for a determination of the matter under the Provincial Labour Relations Act within 45 days after the date of the decision or order that is the subject of the appeal. Unless otherwise ordered by the provincial labour relations board, an appeal of a decision or order does not operate as a stay of the decision or order. Chief Safety Officer The Chief Safety Officer may make representations to the provincial labour relations board in respect of the decision or order being appealed and that board may impose any conditions on the representations that it considers appropriate. Conduct of appeal The rules of practice and procedure that apply to applications for the determination of a matter made under the Provincial Labour Relations Act apply to appeals made under subsection (1). The provincial labour relations board may revoke, or make an order confirming or varying, the decision or order being appealed, and may make any order that a health and safety officer has the power or duty to make under subsection 205.093(1) or (2) if it is related to the subject-matter of the decision or order being appealed and that board is satisfied that the danger still exists. The costs incurred by the provincial labour relations board in respect of an appeal made under subsection (1), including the remuneration of its members, shall be paid by the Regulator. Requirement to give copies to operator, etc. If the provincial labour relations board makes a decision or order under subsection (6), and an employer is required to receive a copy of the decision or order under the Provincial Labour Relations Act, the operator and Chief Safety Officer shall receive a copy of it as well. If the provincial labour relations board makes an order that a health and safety officer has the power or duty to make under subsection 205.093(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 no individual shall use or operate the place or thing or perform the activity until the measures ordered by that board have been taken. Time spent by an employee attending proceedings under section 205.1 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 they worked for that time. For the purposes of the Federal Courts Act, neither the Regulator, the Chief Safety Officer nor a health and safety officer, when exercising or purporting to exercise jurisdiction or powers conferred on them under this Part, is a federal board, commission or other tribunal as defined in subsection 2(1) of that Act. Supreme Court of Newfoundland and Labrador An order made under any of subsections 205.062(1) to (3) or 205.1(6) may, for the purpose of its enforcement, be made an order of the Supreme Court of Newfoundland and Labrador and shall be enforced in the same manner as any order of that Court. To make the order an order of the Supreme Court of Newfoundland and Labrador, the rules of practice and procedure established under the Provincial Labour Relations Act for making any order an order of that Court may be followed. After an order has been made an order of the Supreme Court of Newfoundland and Labrador, any 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. contravenes any provision of this Part or of the regulations made under this Part; makes any false entry or statement in any report, record or other document required by this Part or the regulations made under this Part or by any order made under this Part; destroys, damages or falsifies any report, record or other document required by this Part or the regulations made under this Part or by any order made under this Part; fails to comply with an order of a health and safety officer; fails to comply with a requirement of the Chief Safety Officer under section 205.016 or 205.021; fails to comply with a decision of the Chief Safety Officer under section 205.099; or fails to comply with an order of the provincial labour relations board under subsection 205.1(6). on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both; or on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years, or to both. Offence — paragraph (1)(a) Despite paragraph (1)(a), a person who contravenes paragraph 205.013(l) or (m), 205.019(1)(k), 205.035(b) or 205.036(1)(b) is not guilty of an offence unless compliance with that paragraph is necessary to protect occupational health and safety. Self-incrimination No individual shall be excused from recording in accordance with section 205.013 or 205.019 instances of non-compliance and any corrective action taken on the grounds that any information given by them may tend to incriminate them or subject them to any proceeding or penalty, but the information, or any evidence derived from it, may not be used or received to incriminate that individual in any criminal proceeding initiated against them, other than a prosecution under section 132, 136 or 137 of the Criminal Code. No person shall be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence. Orders of court If 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 any other punishment that may be imposed under this Part, make an order that has any or all of the following effects: directing the offender to take any measures that the court considers appropriate to avoid any harm to health or safety that may result from the act or omission that constituted the offence, or to remedy any harm to health or safety resulting from it; directing the offender, at the offender’s own expense, to publish, in any manner that the court directs, the facts relating to the offence; directing the offender to submit to the Chief Safety Officer, on application by that Officer within three years after the conviction, any information with respect to the offender’s activities that the court considers appropriate in the circumstances; directing the offender to pay to the Regulator an amount of money that the court considers appropriate for the purpose of conducting research, education and training in occupational health and safety matters; 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; and 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. If 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. Subject to subsection (2), if a court has made an order under subsection 205.107(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: by making changes to any 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 any period, not exceeding one year, that the court considers appropriate; or by decreasing the time during which the order is to remain in force or by relieving the offender, either absolutely or partially or for any period that the court considers appropriate, of compliance with any condition that is specified in the order. 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. If an application made under subsection 205.108(1) in relation to an offender has been heard by a court, no other application may be made under that section in relation to the offender except with leave of the court. 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 205.107(1) or 205.108(1), the prosecutor may, by filing the conviction or order, as the case may be, 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 them in that Court in civil proceedings. Order to comply If a person is guilty of an offence under this Part, a court may, in addition to any other 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. If 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. Proceedings by way of summary conviction for an offence under this Part may be instituted at any time within but not later than three years after the day on which the subject-matter of the proceedings arose, unless the prosecutor and the defendant otherwise agree. In any prosecution for an offence under this Part, a copy of any 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 provincial 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 any evidence to the contrary, proof of the matters set out in it. Jurisdiction of justice or judge Any complaint or information relating to an offence under this Part may be heard, tried or determined by a justice of the peace or judge if 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. Even though a prosecution has been instituted for an offence under this Part, the Regulator may commence and maintain an action to enjoin the committing of any contravention of any provision of this Part or of the regulations made under this Part. An advisory council is established, composed of four representatives of employees and four representatives of industry; two representatives of the government of Canada and two representatives of the government of the Province; and the Chief Safety Officer ex officio or his or her representative. Appointment of employee and industry representatives Two of the employee representatives and two of the industry representatives shall be appointed jointly by the Federal Minister and the Minister of Labour and the other four shall be appointed jointly by the provincial counterparts of those Ministers. Consultation Before making any appointment referred to in subsection (2), the Federal Minister and the Minister of Labour, or their provincial counterparts, as the case may be, shall consult with non-management employees, or the unions representing them, on the appointment of an employee representative and with industry associations on the appointment of an industry representative. Appointment of government representatives The federal government representatives shall be appointed jointly by the Federal Minister and the Minister of Labour and the provincial government representatives shall be appointed jointly by the provincial counterparts of those Ministers. Mandate The mandate of the advisory council is to advise the Regulator, the Federal Minister, the Minister of Labour and the provincial counterparts of those Ministers on the administration and enforcement of this Part; and any other matter related to occupational health and safety that is referred to it by any of them. Remuneration and expenses At the discretion of the Federal Minister, the Minister of Labour and their provincial counterparts, the members of the advisory council may be paid the remuneration that may be jointly fixed by those Ministers and their provincial counterparts; and any reasonable travel and living expenses that are incurred by the members while carrying out their duties or functions away from their ordinary place of residence. The Regulator shall pay that remuneration and those expenses. Duration and renewal of appointments Members are to be appointed for a term of not more than five years and may be reappointed. Chairpersons The advisory council is to have two chairpersons selected from among its members. One of the chairpersons shall be selected by the employee representatives and the other shall be selected by the industry representatives. Appointment of auditor The Federal Minister or the Provincial Minister, or both, may appoint any individual as auditor to measure and report on the effectiveness of the Regulator in carrying out its duties and functions under this Part. A report of the audit shall be made, as soon as practicable, to each of those Ministers and the Regulator. The auditor is entitled to free access at all convenient times to information that relates to the fulfilment of their responsibilities and is also entitled to require and receive from the Regulator and from any persons or committees having duties or functions under this Part any information — including reports — and explanations that they consider necessary for that purpose. The auditor may examine any individual on oath on any matter pertaining to the effectiveness of the Regulator in carrying out its duties and functions under this Part and, for the purposes of an examination, may exercise all the powers of a commissioner under Part I of the Inquiries Act. Information — including reports — and explanations disclosed to the auditor under subsection (2) shall not be further disclosed by the auditor without the consent in writing of the person to whom it relates. Consideration of report The Regulator shall consider the report of the audit and, within 60 days after the day on which the Regulator receives the report, it shall send to the auditor its written response to the report, and send a copy of that response to the Federal Minister and the Provincial Minister. Cost of audit If the Federal Minister and the Provincial Minister jointly appoint the auditor, they may also jointly agree, with the consent in writing of the Provincial Minister as defined in section 2, to require the cost of the audit to be borne by the Regulator. If only one of those Ministers appoints the auditor, that Minister shall pay the cost of the audit. The Federal Minister, the Provincial Minister, the Federal Minister jointly with the Provincial Minister or the Regulator may appoint one or more individuals to inquire into and report on occupational health and safety matters that are related to employment to which this Part applies. Powers of appointee An individual who is appointed by the Federal Minister, by the Federal Minister jointly with the Provincial Minister or by the Regulator has all the powers of a person appointed as a commissioner under Part I of the Inquiries Act, and the powers that may be conferred on a commissioner under section 11 of that Act. Witnesses Every witness who attends and gives evidence at an inquiry under this section is entitled to be paid reasonable travel and living expenses incurred by the witness in doing so and the witness fees prescribed in the tariff of fees in use in the Supreme Court of Newfoundland and Labrador. Once the Regulator receives a copy of the report, it shall consider the report and shall, within 60 days after the day on which it is received, send to the Federal Minister and the Provincial Minister its written response to the report. Directions to Regulator If one or more individuals are appointed by a Minister or Ministers under subsection (1) in respect of a matter, the Minister or Ministers making the appointment may, if that Minister or those Ministers determine that an inquiry is being conducted under section 165 in respect of the same matter, direct that the Regulator terminate that inquiry and provide to that individual or those individuals any records or evidence collected in respect of the matter. Directions binding The Regulator shall comply with a direction made under subsection (5). Costs of inquiry If the Federal Minister and the Provincial Minister jointly appoint the individual or individuals under subsection (1), they may also jointly agree, with the consent in writing of the Provincial Minister as defined in section 2, to require the cost of the inquiry to be borne by the Regulator. If only one of those Ministers appoints an individual or individuals under that subsection, that Minister shall pay the cost of the inquiry. The definitions in this section apply in this section and sections 205.122 and 205.123. electronic document means any form of representation of information or of concepts fixed in any medium in or by electronic, optical or other similar means and that can be read or perceived by an individual or by any means. (document électronique) information system means a system used to generate, send, receive, store or otherwise process an electronic document. (système d’information) Use not mandatory No provision of this Part or of the regulations made under this Part requires an electronic document to be created or provided. Creation of information in writing A requirement under this Part that a notice, document or other information be created in writing is satisfied by the creation of an electronic document if the information in the electronic document is accessible so as to be usable for subsequent reference; and the regulations pertaining to this subsection, if any, have been complied with. A requirement under this Part that a notice, document or other information be provided under this Part, whether or not it is required to be provided in writing, is satisfied by the provision of an electronic document if the addressee has designated an information system for the receipt of the electronic document; the electronic document is provided to the designated information system, unless otherwise prescribed; the information in the electronic document is accessible by the addressee and capable of being retained by them, so as to be usable for subsequent reference; and Requirement for consent If a consent is required to be given in writing under this Part, the requirement is satisfied by the provision of an electronic document that signifies that consent has been given if the information in the electronic document that signifies that consent has been given is accessible by the addressee and capable of being retained by them, so as to be usable for subsequent reference; and Despite subsection (2), the reasons referred to in subsection 205.059(5) and the decision referred to in subsection 205.099(3) shall be provided in writing. Subject to section 7 and on the recommendation of the Federal Minister and the Minister of Labour, the Governor in Council may make regulations generally for carrying out the purposes and provisions of this Part, including regulations establishing requirements in respect of anything described in subsection 205.015(2) or 205.02(2); respecting the manner in which an operator is required to investigate under subsection 205.017(2) any occupational disease or any accident, incident or other hazardous occurrence; respecting the establishment, by an operator, of procedures for safe entry to or exit from a marine installation or structure and of standards for occupancy of a marine installation or structure; respecting the establishment of codes of practice, and specifying who is responsible for ensuring that those codes of practice are complied with; respecting the safety of work or activities that are carried out in a confined space, at heights, directly over water, under water, or of any work or activity that involves the use of explosives; respecting ergonomic standards and procedures for a workplace; respecting the establishment of standards for the design, installation and maintenance of the following things: guards, guard-rails, barricades, fences and other equipment of a similar nature, boilers and pressure vessels, escalators, elevators and other devices of a similar nature, all equipment for the generation, distribution or use of electricity, gas-burning or oil-burning equipment or other heat-generating equipment, and heating, ventilation and air-conditioning systems; respecting the establishment of standards for the design and maintenance of equipment, machines, devices, materials and other things that may be used by employees in carrying out their job functions; respecting the circumstances and manner in which any thing referred to in paragraph (g) or (h) shall or shall not be used, and any qualifications that an individual is required to have in order to use it; specifying who is responsible for ensuring that the standards referred to in paragraphs (g) and (h) are complied with and that the things referred to in those paragraphs are used in the specified circumstances and manner and by individuals who have the required qualifications; respecting the establishment of standards relating to levels or limits for ventilation, lighting, temperature, humidity, sound and vibration and exposure to chemical agents, biological agents and radiation and specifying who is responsible for ensuring that those standards are complied with; respecting the qualifications of persons authorized to carry out prescribed training; respecting the establishment of fire safety and emergency measures, and specifying who is responsible for ensuring that those measures are complied with; respecting the provision, by an operator, an employer, or both, of sanitary and personal facilities, potable water, sustenance, and first-aid and health services; respecting the prevention of, and protection against, violence at the workplace; respecting the manner and form in which records are to be maintained and information communicated; respecting the manner in which programs for medical monitoring and examination referred to in paragraph 205.066(1)(f) are to be implemented, including restricting the types of interventions that may be used; respecting the procedures governing the granting of a permission under section 205.069 or 205.07, including any requirements for consultation or notice; specifying the equipment, methods, measures or standards or other things required by regulations made under this section in respect of which the granting of a permission under section 205.069 or 205.07 is prohibited; respecting the operation of an advisory council established under section 205.118; respecting any matter necessary for the purposes of the application of section 205.123, including the time and circumstances when, and the place where, an electronic document, as defined in section 205.121, is to be considered to have been provided or received, and the circumstances in which a secure electronic signature, as defined in subsection 31(1) of the Personal Information Protection and Electronic Documents Act, is required to be linked to an electronic document, as defined in section 205.121; and prescribing anything that by this Part is to be prescribed. Regulations made under subsection (1) may incorporate any material by reference, regardless of its source, either as it exists on a particular date or as amended from time to time. No registration or publication For greater certainty, a document that is incorporated by reference into a regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference. Regulations general or specific Regulations made under subsection (1) may be made applicable to all persons or one or more classes of persons.

Recommendation of Minister of Transport Regulations made under subsection (1) in respect of employees and other passengers on a passenger craft, or the passenger craft, shall, in addition to the requirement set out in that subsection, be made on the recommendation of the Minister of Transport. [Repealed, 2024, c. 20, s. 100] Consumption Tax Acts means section 2 and Parts I, II, III, VIII and IX of and the schedule to the Revenue Administration Act, S.N.L. 2009, c. R-15.01, as amended from time to time, and any other Act of the Legislature of the Province, as amended from time to time, that may be prescribed. (lois sur la taxe à la consommation) Insurance Companies Tax Act means section 2 and Parts I, II and VI of and the schedule to the Revenue Administration Act, S.N.L. 2009, c. R-15.01, as amended from time to time. (Loi sur l’imposition des compagnies d’assurances) Newfoundland and Labrador Income Tax Act means the Income Tax Act, 2000, S.N.L. 2000, c. I-1.1, as amended from time to time. (Loi de l’impôt sur le revenu de Terre-Neuve-et-Labrador) Revenue Fund means the account established under section 214. (Fonds de recettes) Imposition of consumption taxes in offshore area There shall be imposed, levied and collected under this Part in respect of the offshore area, in accordance with subsection (3), the taxes, interest and penalties that would be imposed, levied and collected under the Consumption Tax Acts if the offshore area were in the Province. Despite subsection (1), if taxes are imposed in respect of any matter under any of the Consumption Tax Acts and taxes would, but for this subsection, be imposed under subsection (1) in respect of that matter, no taxes shall be imposed under subsection (1) in respect of that matter. Subject to this Act and the regulations made under it, the Consumption Tax Acts and the regulations referred to in subsection (3.1) apply, with any modifications that the circumstances require, for the purposes of this Part and, without limiting the generality of the foregoing, a reference in those Acts to the Crown is to be read as a reference to Her Majesty in right of Canada; a reference in those Acts to the province is to be read as a reference to the offshore area; and a reference in those Acts to the Minister responsible for the administration of any of those Acts is to be read as a reference to the Minister of Finance. Newfoundland and Labrador regulations The following regulations apply for the purposes of subsection (3): any regulations made under the Consumption Tax Acts; and any regulations made under section 107, 108, 111, 112 or 114 of the Revenue Administration Act, S.N.L. 2009, c. R-15.01, as that Act is amended from time to time. Binding on certain entities This section is binding on the corporations mentioned in Schedule I to the Federal-Provincial Fiscal Arrangements Act, if Newfoundland and Labrador is a participating province as defined in subsection 31(1) of that Act; and the corporations mentioned in Schedule II to that Act. Insurance companies tax in offshore area There shall be imposed, levied and collected under this Part in respect of the insurance premiums received by any company with respect to property that is situated in the offshore area at the time the insurance premiums become payable, in accordance with subsection (3), the taxes, interest and penalties that would be imposed, levied and collected under the Insurance Companies Tax Act if the property were situated in the Province. Despite subsection (1), if taxes are imposed in respect of any matter under the Insurance Companies Tax Act and taxes would, but for this subsection, be imposed under subsection (1) in respect of that matter, no taxes shall be imposed under subsection (1) in respect of that matter. Subject to this Act and the regulations made under it, the Insurance Companies Tax Act and any regulations made under section 107 of the Revenue Administration Act, S.N.L. 2009, c. R-15.01, as that Act is amended from time to time, apply, with any modifications that the circumstances require, for the purposes of this Part and, without limiting the generality of the foregoing, a reference in that Act to the Crown is to be read as a reference to Her Majesty in right of Canada; a reference in that Act to the province is to be read as a reference to the offshore area; and a reference in that Act to the Minister responsible for the administration of that Act is to be read as a reference to the Minister of Finance. Definition of company In this section, company has the same meaning as in the Insurance Companies Tax Act. Subject to subsection 212(1), where a tax administration agreement is entered into pursuant to subsection (3), taxes, interest, penalties and other sums payable under section 207 or 208 may be collected and administered and refunds in respect thereof may be granted by the Government of the Province on behalf of the Government of Canada in accordance with the terms and conditions of the agreement, as amended from time to time pursuant to subsection (4). Negotiation of tax administration agreement The Minister of Finance shall, on the request of the Government of the Province, negotiate with the Provincial Minister of Finance a tax administration agreement with respect to the taxes, interest and penalties imposed under sections 207 and 208. Tax administration agreement On completion of the negotiation of a tax administration agreement pursuant to subsection (2), the Minister of Finance, with the approval of the Governor in Council, shall, on behalf of the Government of Canada, enter into a tax administration agreement with the Government of the Province pursuant to which the Government of the Province shall, on behalf of the Government of Canada, collect and administer the taxes, interest, penalties and other sums payable under sections 207 and 208 and, without limiting the generality of the foregoing, grant refunds or make other payments in respect of those taxes, interest and penalties in accordance with the terms and conditions set out in the agreement. The Minister of Finance, with the approval of the Governor in Council, may, on behalf of the Government of Canada, enter into an agreement amending the terms and conditions of any tax administration agreement entered into pursuant to subsection (3). No further liability A tax administration agreement may provide that, where any payment is received by the Government of the Province on account of any taxes, interest, penalties or other sums payable by a person under section 207 or 208, or both section 207 or 208, and the Consumption Tax Acts or the Insurance Companies Tax Act, the payment so received may be applied by the Government of the Province towards the taxes, interest, penalties or other sums payable by the person under any such provision or Act in such manner as is specified in the agreement, notwithstanding that the person directed that the payment be applied in any other manner or made no direction as to its application. Any payment or part thereof applied by the Government of the Province in accordance with a tax administration agreement towards the taxes, interest, penalties or other sums payable by a person under section 207 or 208 relieves that person of liability to pay such taxes, interest, penalties or other sums to the extent of the payment or part thereof so applied; and Proof of provision of tax administration agreement certified as such by, or on behalf of, the Receiver General, the Deputy Receiver General or the Minister of Finance Transfer of powers and duties Where a tax administration agreement is entered into, the Provincial Minister, on behalf of, or as agent for, the Minister of Finance, is hereby authorized to perform all the duties and to exercise all the powers and any discretion that the Minister of Finance or the Deputy Minister of Finance has under this Part. If a tax administration agreement is entered into, the Minister of Finance of the Province may perform the duties and exercise any power or discretion that the Provincial Minister has under subsection (1) or otherwise under this Part; and designate officers of the Department of Finance of the Province to carry out any functions, perform any duties and exercise any powers that are similar to those that are carried out, exercised or performed by them on behalf of the Provincial Minister under the Consumption Tax Acts and the Insurance Companies Tax Act. Imposition of corporate income tax in offshore area There shall be imposed, levied and collected under this Part in respect of the taxable income of a corporation earned in a taxation year in the offshore area, in accordance with subsection (3), the taxes, interest and penalties that would be imposed, levied and collected under the Newfoundland and Labrador Income Tax Act in respect of that taxable income if the offshore area were in the Province. Despite subsection (1), if taxes are imposed under the Newfoundland and Labrador Income Tax Act in respect of taxable income of a corporation earned in a taxation year in the Province and taxes would, but for this subsection, be imposed under subsection (1) in respect of that taxable income, no taxes shall be imposed under subsection (1) in respect of that taxable income. Application of Newfoundland and Labrador Income Tax Act Subject to this Act and the regulations made under it, the Newfoundland and Labrador Income Tax Act and any regulations referred to in subsection (3.1) apply, with any modifications that the circumstances require, for the purposes of this Part and, without limiting the generality of the foregoing, a reference in that Act to Her Majesty in right of the Province of Newfoundland and Labrador is to be read as a reference to Her Majesty in right of Canada; a reference in that Act to the “Minister of Finance” is to be read as a reference to in relation to the remittance of any amount as or on account of tax payable under that Act, the Receiver General for Canada, and in relation to any other matter, the Minister of National Revenue for Canada. any regulations made under the Newfoundland and Labrador Income Tax Act; and any regulations made under an Act that was replaced by the Newfoundland and Labrador Income Tax Act, to the extent that those regulations remain in force in accordance with the laws of the Province and are not inconsistent with the Newfoundland and Labrador Income Tax Act. Determination of taxable income earned in offshore area For the purposes of this section, the taxable income of a corporation earned in a taxation year in the offshore area or in the Province shall be determined in accordance with rules prescribed by regulations for the purposes of the definition taxable income earned in the year in a province in subsection 124(4) of the Income Tax Act. All taxes, interest, penalties or other sums payable under section 207, 208 or 211 are payable and shall be remitted to the Receiver General. On the collection or receipt of any taxes, interest, penalties or other sums by the Government of the Province pursuant to this Part, the taxes, interest, penalties or other sums shall be deposited as soon as practicable to the credit of the Receiver General and paid into the Consolidated Revenue Fund in the manner prescribed by the Treasury Board under the Financial Administration Act. Collection of excess sums Every person who knowingly collects or receives any sum of money as taxes under this Part in circumstances where the sum is not payable shall forthwith refund the sum to the person from whom he collected it; or if the person referred to in paragraph (a) is not known or readily ascertainable, pay the sum to the Receiver General. Debts due to Her Majesty All taxes, interest, penalties or other sums payable under section 207, 208 or 211 are debts due to Her Majesty in right of Canada and are recoverable as such from the person required to pay the taxes, interest, penalties or other sums in accordance with this Part. Revenue Fund There shall be established in the accounts of Canada an account to be known as the Newfoundland Offshore Petroleum Resource Revenue Fund. Change of name The name of the Newfoundland Offshore Petroleum Resource Revenue Fund is changed to Newfoundland and Labrador Offshore Petroleum Resource Revenue Fund. A reference in any contract, document, instrument, proclamation or order in council to the Newfoundland Offshore Petroleum Resource Revenue Fund is, unless the context otherwise requires, to be read as a reference to the Newfoundland and Labrador Offshore Petroleum Resource Revenue Fund. The Federal Minister shall, at the times and in the manner prescribed, credit the Revenue Fund with where the Government of the Province has agreed to collect and is collecting in accordance with a tax administration agreement entered into pursuant to section 209, on behalf of the Government of Canada, taxes, interest, penalties and other sums payable under sections 207 and 208, an amount equal to the aggregate of the amounts on account of taxes, interest, penalties and other sums collected pursuant to those sections during any fiscal year, after taking into account any refunds, remissions or other payments that are applicable in respect of such taxes, interest, penalties and other sums, an amount equal to the aggregate of the amounts assessed or reassessed in respect of any fiscal year on account of taxes imposed pursuant to section 211, after taking into account any credits, reductions, deductions, rebates, surtaxes and remissions that are applicable in respect of such taxes, where the Government of the Province and the Regulator have entered into an agreement pursuant to section 98 and the Regulator is collecting, in accordance with the agreement, on behalf of the Government of Canada, royalties payable under section 97, an amount equal to the aggregate of such royalties that have been collected during any fiscal year, and an amount equal to the aggregate of any amounts, other than those referred to in subparagraph (iii), received and not required to be returned during any fiscal year under Part II or any regulations made thereunder; and pay to Her Majesty in right of the Province, at the time and in the manner prescribed, any amount credited to the Revenue Fund pursuant to paragraph (a). Excess recoverable Where, pursuant to subsection (2), Her Majesty in right of the Province has received any amount in excess of the amount to which it is entitled, the Federal Minister may recover as a debt due to Her Majesty in right of Canada an amount equal to such excess from any moneys that may be or may become payable to Her Majesty in right of the Province pursuant to subsection (2) or under any other Act of Parliament. Jurisdiction of courts Every court in the Province has jurisdiction in respect of matters arising in the offshore area under this Part or Division VI of Part II or under any laws made applicable by this Part or that Division to the offshore area, to the same extent as the court has jurisdiction in respect of matters arising within its ordinary territorial division. For the purposes of subsection (1), the offshore area shall be deemed to be within the territorial limits of the judicial centre of St. John’s. Nothing in this section limits the jurisdiction that a court may exercise apart from this section. Definition of court In this section, court includes a judge thereof and any provincial court judge or justice. The Governor in Council may, on the recommendation of the Minister of Finance, make regulations excluding, for the purposes of this Act, any provision or any part of a provision of the Consumption Tax Acts, the Newfoundland and Labrador Income Tax Act, the Insurance Companies Tax Act or the Petroleum and Natural Gas Act as defined in subsection 97(1) or of any regulation referred to in subsection 97(4.1), 207(3.1), 208(3) or 211(3.1) that is inconsistent with this Act, the Atlantic Accord or any bilateral or international treaty, convention or agreement respecting taxation, tariffs or trade to which the Government of Canada is a signatory; and prescribing anything that is by this Part to be prescribed. In respect of any fiscal year, the Federal Minister may pay out of the Consolidated Revenue Fund, at such times and in such manner as may be prescribed, an amount to Her Majesty in right of the Province on account of amounts that have been refunded or reimbursed during that fiscal year by the Government of the Province to taxpayers in respect of taxes paid under this Part; and amounts payable during that fiscal year to Her Majesty in right of the Province pursuant to paragraph 214(2)(b). [Repealed, 2015, c. 4, s. 69] [Amendments] Initial payment to environmental studies fund during transitional period Notwithstanding section 49 of the Canada Oil and Gas Act as it read immediately before the coming into force of this section, where an exploration agreement in relation to any portion of the offshore area was entered into or negotiations in respect thereof were completed under the Canada Oil and Gas Act on or after February 11, 1985 and before the coming into force of Part VII of the Canada Petroleum Resources Act, the interest owner shall deposit for payment into the relevant fund an amount determined in accordance with subsection 81(2) of the Canada Petroleum Resources Act; and where, prior to the coming into force of this section, there has been deposited for payment into the relevant fund in relation to that exploration agreement an amount determined in accordance with section 49 of the Canada Oil and Gas Act as it read immediately before the coming into force of this section, the Minister may refund to the interest owner an amount equal to the difference between that amount and the amount required to be deposited under paragraph (a). [Amendments to other Acts] Coming into force Subject to subsection (2), this Act or any provision thereof shall come into force on a day or days to be fixed by proclamation. Sections 211, 234 and 235 are applicable to taxation years commencing after April 4, 1987. [Note: Act, except Division VIII of Part II and sections 207 and 208, in force April 4, 1987, see SI/87-88; Division VIII of Part II, in force May 20, 1988, see SI/88-102; sections 207 and 208, in force January 23, 1996, see SI/96-20.] Canada–Newfoundland and Labrador Atlantic Accord Implementation Act — transitional regulations If any of the following documents are transmitted by the Minister of Natural Resources to the Speaker of the Senate and to the Speaker of the House of Commons for tabling in those Houses during the 2nd session of the 41st Parliament, then on the day on which this section comes into force that document is deemed to be a regulation made under subsection 205.124(1) of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act and, despite section 9 of the Statutory Instruments Act, to have come into force on that day: a document entitled Canada–Newfoundland and Labrador Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations; and a document entitled Canada–Newfoundland and Labrador Offshore Marine Installations and Structures Transitional Regulations. If a document entitled Canada–Newfoundland and Labrador Offshore Area Diving Operations Safety Transitional Regulations is transmitted by the Minister of Natural Resources to the Speaker of the Senate and to the Speaker of the House of Commons for tabling in those Houses during the 2nd session of the 41st Parliament, then on the day on which this section comes into force the document is deemed to be a regulation made under paragraph 205.001(3)(a) and subsection 205.124(1) of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act and, despite section 9 of the Statutory Instruments Act, to have come into force on that day; and the Newfoundland Offshore Area Petroleum Diving Regulations are repealed. Approval of provincial ministers The documents are to be transmitted to the Speaker of the Senate and to the Speaker of the House of Commons only if the Minister of Natural Resources is satisfied that, in the case of those referred to in paragraphs (1)(a) and (b), the minister of the government of Newfoundland and Labrador who is responsible for occupational health and safety has approved them and, in the case of a document entitled Canada–Newfoundland and Labrador Offshore Area Diving Operations Safety Transitional Regulations, that provincial minister and the minister designated by that government as the provincial minister for the purposes of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act, have approved it. Copies to Clerk The Minister of Natural Resources shall, within seven days after the coming into force of this section, transmit to the Clerk of the Privy Council copies of each document referred to in subsections (1) and (2) that the Minister of Natural Resources transmitted to the Speaker of the Senate and to the Speaker of the House of Commons. Section 5 of the Statutory Instruments Act is deemed to have been complied with in respect of a document referred in subsection (1) or (2) on the day on which that document is transmitted to the Clerk. Repeal Unless repealed on an earlier date, the Canada–Newfoundland and Labrador Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations, the Canada–Newfoundland and Labrador Offshore Marine Installations and Structures Transitional Regulations and the Canada–Newfoundland and Labrador Offshore Area Diving Operations Safety Transitional Regulations are repealed on the expiry of six years after the day on which this section comes into force. Revival of transitional regulations The Canada–Newfoundland and Labrador Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations, the Canada–Newfoundland and Labrador Offshore Marine Installations and Structures Transitional Regulations and the Canada–Newfoundland and Labrador Offshore Area Diving Operations Safety Transitional Regulations, as they read immediately before they were repealed on December 31, 2020, are revived on January 1, 2021. The regulations that are revived under subsection (1) are repealed on December 31, 2021, unless they are repealed on an earlier date following their revival under this section. No person shall be convicted of an offence under a provision of a regulation revived under subsection (1) if the offence was committed during the period beginning on January 1, 2021 and ending on the day before the day on which this section comes into force. Chief Safety Officer powers The Chief Safety Officer may, on application, grant an exemption in respect of a workplace, or grant an exemption to an operator in respect of passengers being transported on a passenger craft to or from any of its workplaces, for a specified time and subject to specified conditions, from any requirement in respect of equipment, methods, measures or standards that is set out in the Canada–Newfoundland and Labrador Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations, the Canada–Newfoundland and Labrador Offshore Marine Installations and Structures Transitional Regulations or the Canada–Newfoundland and Labrador Offshore Area Diving Operations Safety Transitional Regulations, if he or she is satisfied that the health and safety of employees at the workplace or passengers on the passenger craft, as the case may be, will be maintained without compliance with the requirement. The regulations are not considered to be contravened if there is compliance with an exemption under subsection (1). include information with respect to the consequences to health and safety that might reasonably be anticipated if the exemption is granted; and 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 any shorter period that he or she fixes with the agreement of the applicable workplace committee — after the day on which the application has been made available. Notice at workplace, etc. If the application is made in respect of an existing workplace, the applicant shall give a copy of the application to the operator. An operator shall, immediately after it receives or makes an application relating to an existing workplace or to a passenger craft post a copy of it in printed form in a prominent place at the applicable workplace; and The Chief Safety Officer shall, as soon as possible after the end of the period referred to in subsection (4), give to the applicant and the operator a copy of the decision made on the application, and make the decision available to the public in a manner that he or she considers advisable. The Chief Safety Officer may, on his or her own initiative or on application by the applicant for the exemption under subsection (1), reconsider, confirm, vary, revoke or suspend a decision made on the application at any time if 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. In that case, subsections (1) to (6) apply with the necessary modifications. Same meaning Words and expressions used in this section have the same meaning as in subsection 205.001(1) of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act. The following definitions apply in sections 105 and 106. Board has the same meaning as in section 2 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act as it read immediately before the day on which subsection 3(1) of this Act comes into force. (Office) Regulator has the same meaning as in section 2 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act, as it reads on the day on which subsection 3(3) comes into force. (Régie) Continuation of members’ terms Every person who is a member of the Board immediately before the day on which section 3 comes into force continues as a member of the Regulator for the remainder of their term. Continuation of employees’ employment Nothing in this Act is to be construed as affecting the status of an employee who occupied, immediately before the day on which section 3 comes into force, a position with the Board, except that the employee, beginning on that day, occupies that position with the Regulator. 2019, c. 28 In this section, other Act means An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, chapter 28 of the Statutes of Canada, 2019. On the first day on which both subsection 2(4) of the other Act and section 62.1 of this Act are in force, subsections 138.012(5) and (6) of the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act are replaced by the following: If the Agency decides that an impact assessment of the designated project is required, the Chairperson of the Regulator shall provide the Agency with comments respecting the time limits referred to in subsection 37.1(1) of the Impact Assessment Act within which the impact assessment report shall be submitted to the Minister of the Environment and within which any recommendations shall be posted on the Internet site established by the Agency. The Chairperson of the Regulator shall provide the Minister of the Environment with comments respecting any extension to the time limits that is considered in accordance with subsections 37(3) or (4) and 37.1(4) of the Impact Assessment Act. On the first day on which both section 7 of the other Act and section 62.1 of this Act are in force, section 44 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act is amended by adding the following after subsection (2): Commissioner appointed from roster A commissioner appointed under paragraph (2)(b) may be a person selected under subparagraph 50(1)(d)(ii) of the Impact Assessment Act. the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act is amended by adding the following after section 138.012: Terms of reference — Consultation If the Minister of the Environment consults the Chairperson of the Regulator respecting the establishment of a review panel’s terms of reference under subsection 48.1(1) of the Impact Assessment Act, the Chairperson shall consult the Federal Minister and the Provincial Minister. The Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act is amended by adding the following after section 138.013: Consultation — selection of members to roster If the Minister of the Environment consults the Federal Minister respecting the selection of any member of the Regulator to a roster under subparagraph 50(1)(d)(i) of the Impact Assessment Act, the Federal Minister shall consult with the Provincial Minister and the Chairperson of the Regulator. Consultation — selection of persons to roster If the Minister of the Environment consults the Federal Minister and the Regulator respecting the selection of any other person to a roster under subparagraph 50(1)(d)(ii) of the Impact Assessment Act, the Regulator shall consult with the Federal Minister and the Provincial Minister. Consultation with Provincial Minister — referral to Governor in Council If the Minister of the Environment consults the Federal Minister under subsection 61(1) of the Impact Assessment Act with respect to the referral to the Governor in Council of an impact assessment report for a designated project, the Federal Minister shall consult the Provincial Minister.