Bill C-61

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First Reading

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Documents in Electronic or Other Form

Definitions

205.121 The definitions in this section apply in this section and sections 205.122 and 205.123.

“electronic document”
« document électronique »

“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.

“information system”
« système d’information »

“information system” means a system used to generate, send, receive, store or otherwise process an electronic document.

Use not mandatory

205.122 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

205.123 (1) 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

(a) the information in the electronic document is accessible so as to be usable for subsequent reference; and

(b) the regulations pertaining to this subsection, if any, have been complied with.

Provision of information

(2) 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

(a) the addressee has designated an information system for the receipt of the electronic document;

(b) the electronic document is provided to the designated information system, unless otherwise prescribed;

(c) 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

(d) the regulations pertaining to this subsection, if any, have been complied with.

Requirement for consent

(3) 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

(a) the addressee has designated an information system for the receipt of the electronic document;

(b) the electronic document is provided to the designated information system, unless otherwise prescribed;

(c) 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

(d) the regulations pertaining to this subsection, if any, have been complied with.

Exceptions

(4) 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.

Regulations

205.124 (1) 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

(a) establishing requirements in respect of anything described in subsection 205.015(2) or 205.02(2);

(b) 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;

(c) 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;

(d) respecting the establishment of codes of practice, and specifying who is responsible for ensuring that those codes of practice are complied with;

(e) 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;

(f) respecting ergonomic standards and procedures for a workplace;

(g) respecting the establishment of standards for the design, installation and maintenance of the following things:

(i) guards, guard-rails, barricades, fences and other equipment of a similar nature,

(ii) boilers and pressure vessels,

(iii) escalators, elevators and other devices of a similar nature,

(iv) all equipment for the generation, distribution or use of electricity,

(v) gas-burning or oil-burning equipment or other heat-generating equipment, and

(vi) heating, ventilation and air-conditioning systems;

(h) 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;

(i) 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;

(j) 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;

(k) 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;

(l) respecting the qualifications of persons authorized to carry out prescribed training;

(m) respecting the establishment of fire safety and emergency measures, and specifying who is responsible for ensuring that those measures are complied with;

(n) respecting the provision, by an operator, an employer, or both, of sanitary and personal facilities, potable water, sustenance, and first-aid and health services;

(o) respecting the prevention of, and protection against, violence at the workplace;

(p) respecting the manner and form in which records are to be maintained and information communicated;

(q) 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;

(r) respecting the procedures governing the granting of a permission under section 205.069 or 205.07, including any requirements for consultation or notice;

(s) 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;

(t) respecting the operation of an advisory council established under section 205.118;

(u) respecting any matter necessary for the purposes of the application of section 205.123, including

(i) 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

(ii) 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

(v) prescribing anything that by this Part is to be prescribed.

Incorporation by reference

(2) 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

(3) 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

(4) Regulations made under subsection (1) may be made applicable to all persons or one or more classes of persons.

Recommendation of Minister of Transport

(5) 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.

Publication of proposed regulations

205.125 (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under this Part shall be published in the Canada Gazette and a reasonable opportunity shall be given to interested persons to make representations to the Federal Minister with respect to it.

Single publication required

(2) No proposed regulation need be published more than once under subsection (1) whether or not it is altered or amended as a result of representations made by interested persons as provided in that subsection.

46. Sections 206 to 208 of the Act are replaced by the following:

Definitions

206. The following definitions apply in this Part.

“Consumption Tax Acts”
« lois sur la taxe à la consom- mation »

“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.

“Insurance Companies Tax Act”
« Loi sur l’imposition des compagnies d’assurances »

“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.

“Newfoundland and Labrador Income Tax Act”
« Loi de l’impôt sur le revenu de Terre-Neuve-et-Labrador »

“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.

“Revenue Fund”
« Fonds de recettes »

“Revenue Fund” means the account established under section 214.

Imposition of Consumption Taxes

Imposition of consumption taxes in offshore area

207. (1) 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.

Exception

(2) 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.

Application of Newfoundland and Labrador legislation

(3) 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) a reference in those Acts to the Crown is to be read as a reference to Her Majesty in right of Canada;

(b) a reference in those Acts to the province is to be read as a reference to the offshore area; and

(c) 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

(3.1) The following regulations apply for the purposes of subsection (3):

(a) any regulations made under the Consumption Tax Acts; and

(b) 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

(4) This section is binding on

(a) 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

(b) the corporations mentioned in Schedule II to that Act.

Imposition of Insurance Companies Tax

Insurance companies tax in offshore area

208. (1) 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.

Exception

(2) 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.

Application of Newfoundland and Labrador legislation

(3) 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) a reference in that Act to the Crown is to be read as a reference to Her Majesty in right of Canada;

(b) a reference in that Act to the province is to be read as a reference to the offshore area; and

(c) 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”

(4) In this section, “company” has the same meaning as in the Insurance Companies Tax Act.

47. Subparagraph 209(5)(b)(ii) of the Act is replaced by the following:

(ii) the Consumption Tax Acts or the Insurance Companies Tax Act,

48. Subsection 210(2) of the Act is replaced by the following:

Transfer of powers and duties

(2) If a tax administration agreement is entered into, the Minister of Finance of the Province may

(a) perform the duties and exercise any power or discretion that the Provincial Minister has under subsection (1) or otherwise under this Part; and

(b) 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.

49. Section 211 of the Act is replaced by the following:

Imposition of corporate income tax in offshore area

211. (1) 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.

Exception

(2) 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

(3) 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) 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;

(b) a reference in that Act to the province is to be read as a reference to the offshore area; and

(i) in relation to the remittance of any amount as or on account of tax payable under that Act, the Receiver General for Canada, and

(ii) in relation to any other matter, the Minister of National Revenue for Canada.

Newfoundland and Labrador regulations

(3.1) The following regulations apply for the purposes of subsection (3):

(a) any regulations made under the Newfoundland and Labrador Income Tax Act; and

(b) 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 accord- ance 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

(4) 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.

50. Section 214 of the Act is amended by adding the following after subsection (1):

Change of name

(1.1) The name of the Newfoundland Offshore Petroleum Resource Revenue Fund is changed to Newfoundland and Labrador Offshore Petroleum Resource Revenue Fund.

References

(1.2) 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.

51. Paragraph 216(a) of the Act is replaced by the following:

(a) 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

Replacement of references to “chairman”

52. (1) The English version of the Act is amended by replacing “chairman” with “chairperson” in the following provisions:

(a) subsection 12(4);

(b) subsection 36(2);

(d) subsections 141(2) and (3).

Replacement of references to “Chairman”

(2) The English version of the Act is amended by replacing “Chairman” with “Chairperson” in the following provisions:

(a) subsection 10(2);

(b) subsections 12(1), (2) and (6);

(d) section 14;

(e) subsections 15(1), (3), (4) and (5);

(f) subsection 16(1);

(g) subparagraph 19(b)(i); and

(h) paragraph 24(1)(a).

Replacement of references to “vice-chairmen” and “vice-chairman”

(3) The English version of the Act is amended by replacing “vice-chairmen” and “vice-chairman” with “vice-chairpersons” and “vice-chairperson”, respectively, in the following provisions:

(a) subsection 10(3); and

(b) subsection 10(4).

TRANSITIONAL PROVISIONS

Canada–Newfoundland and Labrador Atlantic Accord Implementation Act — transitional regulations

53. (1) 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 1st 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) a document entitled Newfoundland and Labrador Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations; and

(b) a document entitled Newfoundland and Labrador Offshore Marine Installations and Structures Transitional Regulations.

Canada–Newfoundland and Labrador Atlantic Accord Implementation Act — transitional regulations

(2) If a document entitled Transitional Regulations Respecting the Safety of Diving Operations Conducted in the Newfoundland and Labrador Offshore Area 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 1st session of the 41st Parliament, then on the day on which this section comes into force

(a) 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

(b) the Newfoundland Offshore Area Pe- troleum Diving Regulations are repealed.

Approval of provincial ministers

(3) 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 the document entitled Transitional Regulations Respecting the Safety of Diving Operations Conducted in the Newfoundland and Labrador Offshore Area, 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

(4) 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

(5) Unless repealed on an earlier date, the Newfoundland and Labrador Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations, the Newfoundland and Labrador Offshore Marine Installations and Structures Transitional Regulations and the Transitional Regulations Respecting the Safety of Diving Operations Conducted in the Newfoundland and Labrador Offshore Area are repealed on the expiry of five years after the day on which this section comes into force.

Chief Safety Officer powers

54. (1) 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 Newfoundland and Labrador Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations, the Newfoundland and Labrador Offshore Marine Installations and Structures Transitional Regulations or the Transitional Regulations Respecting the Safety of Diving Operations Conducted in the Newfoundland and Labrador Offshore Area, 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.

No contravention

(2) The regulations are not considered to be contravened if there is compliance with an exemption under subsection (1).

Application

(3) The application shall

(a) be in a form acceptable to the Chief Safety Officer;

(b) include information with respect to the consequences to health and safety that might reasonably be anticipated if the exemption is granted; and

(c) be accompanied by technical information sufficient to enable the Chief Safety Officer to make a decision on the application.

Public notice

(4) On receipt of the application, the Chief Safety Officer shall make it available to the public in a manner that he or she considers advisable, together with a notice that submissions may be made to him or her for a period of 30 days — or 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.

(5) 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

(a) post a copy of it in printed form in a prominent place at the applicable workplace; and

(b) provide a copy to any committee established for that workplace and to any union representing employees within the offshore area.

Decision

(6) 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.

Reconsideration of decision

(7) 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

(8) 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.

1988, c. 28

CANADA-NOVA SCOTIA OFFSHORE PETROLEUM RESOURCES ACCORD IMPLEMENTATION ACT

55. The definition “Provincial Minister” in section 2 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:

“Provincial Minister”
« ministre provincial »

“Provincial Minister” means, other than for the purposes of Part III.1, the minister of the government of the Province who is responsible for the management of offshore petroleum resources;

56. Section 6 of the Act is replaced by the following:

Approval of Provincial Minister

6. (1) Before a regulation is made under subsection 5(1) or 17(4), subsection 35(8), 39(7) or 45(7), section 67, subsection 70(2), section 121, subsection 125(1), 128(1) or 153(1) or section 208, 245 or 248, the Federal Minister shall consult the Provincial Minister with respect to the proposed regulation and no regulation shall be so made without the approval of the Provincial Minister.

Approval of Provincial minister

(2) Before a regulation is made under subsection 210.001(3) or (4) or 210.126(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.

57. Subsection 13(3) of the English version of the Act is replaced by the following:

Selection of Chairperson of Board within 60 days

(3) The Chairperson of the Board shall be selected, from among persons nominated by each government, by the panel within 60 days after the appointment of the chairperson of the panel.

58. Section 26 of the Act is amended by adding the following after subsection (4):

Application of Nova Scotia legislation

(4.1) Nova Scotia social legislation as defined in subsection 210.001(1), the provisions of the Trade Union Act, R.S.N.S. 1989, c. 475, as amended from time to time, and the provisions of the Occupational Health and Safety Act, S.N.S. 1996, c. 7, 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

(4.2) 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).

59. The Act is amended by adding the following after section 27:

Audit and evaluation committee

27.1 (1) The Board shall appoint an audit and evaluation committee consisting of not fewer than three members of the Board and fix the duties and functions of the committee and may, by by-law, provide for the payment of expenses to the members of the committee.

Internal audit

(2) 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 Board act in accordance with management systems and controls established by the Board.

60. Subsection 30(2) of the Act is replaced by the following:

Contents of report

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

61. Subsection 41(2) of the Act is replaced by the following:

Occupational health and safety directives

(2) 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 written directives in relation to

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

(b) the implementation of any recommendations made by an auditor under section 210.121 or made following an inquiry under section 210.122.

Directives of either Minister

(3) If a request is received during any calendar year by the Board or the Federal Minister or the Provincial Minister to make a call for bids under Part II in relation to particular portions of the offshore area, the Federal Minister or the Provincial Minister may, after having reviewed the plan of the anticipated decisions of the Board during the calendar year submitted under section 43, issue to the Board a written directive to specify those portions of the offshore area in a call for bids made under Part II.

62. Subsection 46(1) of the Act is amended by adding the following after paragraph (c):

(c.1) aviation regulation;

63. Subsection 126(1) of the Act is replaced by the following:

Notice to comply

126. (1) If the Board 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 Board 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 Board considers appropriate.

64. (1) Section 142 of the Act is amended by adding the following after subsection (3):

Copy to Chief Safety Officer

(3.1) On receipt by the Board of an application for an authorization for a work or activity referred to in paragraph (1)(b) or of an application to amend such an authorization, the Board shall provide a copy of the application to the Chief Safety Officer.

(2) Section 142 of the Act is amended by adding the following after subsection (4):

Limitation

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

1992, c. 35, s. 96

(3) Paragraphs 142(5)(a) and (b) of the Act are replaced by the following:

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

(b) a requirement undertaken in a declaration referred to in subsection 143.1(1);

(4) Subsection 142(5) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after that paragraph:

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

1992, c. 35, s. 98

65. Subsection 143.1(2) of the Act is repealed.

1992, c. 35, s. 99

66. Section 144 of the Act is replaced by the following:

Designation

144. The Board 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.

1992, c. 35, s. 99

67. Section 144.1 of the Act is replaced by the following:

Orders

144.1 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 210.001(1) is not a statutory instrument as defined in the Statutory Instruments Act.

1992, c. 35, s. 102

68. Paragraphs 155(1)(a) and (b) of the Act are replaced by the following:

(a) authorize the use of equipment, methods, measures or standards in lieu of any required by any regulation made under section 153, 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, protection of the environment and conservation equivalent to that provided by compliance with the regulations; or

(b) grant an exemption from any requirement imposed, by any regulation made under section 153, 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.

1992, c. 35, s. 103; 1999, c. 31, s. 33

69. Section 157 of the Act is repealed.

1992, c. 35, s. 111(2)(E)

70. Subsection 166(3) of the Act is replaced by the following:

Duty to take reasonable measures

(3) Every person required to report a spill under subsection (2) shall, as soon as possible, take all reasonable measures consistent with safety and the protection of health and the environment to prevent 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.

1992, c. 35, s. 117

71. The heading before section 193 of the English version of the Act is replaced by the following:

Operational Safety Officers and Conservation Officers

1992, c. 35, s. 117

72. Sections 193 and 194 of the Act are replaced by the following:

Operational safety officers

193. (1) 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 Board. The Ministers shall make the designation within 30 days after the day on which they receive the name of the individual from the Board.

Conservation officers

(2) 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 Board. The Ministers shall make the designation within 30 days after the day on which they receive the name of the individual from the Board.

Notice of designation

(3) The Ministers shall, without delay after making a designation, notify the Board, in writing, that the designation has been made.

Restriction

(4) 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 Board of it, in writing.

Indemnification

(5) An individual designated under subsection (1) or (2) who is not an employee of the Board is deemed to be an officer for the purposes of section 17.

Orders for verifying compliance

194. (1) An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may, for the purpose of verifying compliance with this Part, order 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

(a) to inspect anything in the place;

(b) to pose questions, or conduct tests or monitoring, in the place;

(d) to accompany or assist the officer while the officer is in the place;

(e) 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;

(f) 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;

(g) 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

(h) 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

(2) An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may, for the purpose of verifying compliance with this Part, and subject to section 194.2, 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

(a) inspect anything in the place;

(b) pose questions, or conduct tests or monitoring, in the place;

(d) remove anything from the place, or cause it to be removed, for examination, testing or copying;

(e) while at the place, take or cause to be taken photographs or measurements, make or cause to be made recordings or drawings or use systems in the place that capture images or cause them to be used;

(f) use any computer system in the place, or cause it to be used, to examine data contained in or available to it;

(g) prepare a document, or cause one to be prepared, based on data contained in or available to the computer system;

(h) use any copying equipment in the place, or cause it to be used, to make copies;

(i) 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

(j) meet in private with any individual in the place, with the agreement of that individual.

Clarification

(3) 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

(4) 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

194.1 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

194.2 (1) If the place referred to in subsection 194(2) is living quarters

(a) neither a conservation officer nor the Chief Conservation Officer is authorized to enter those quarters for the purpose of verifying compliance with this Part; and

(b) an operational safety officer or the Chief Safety Officer is not authorized to enter those quarters without the consent of the occupant except

(i) to execute a warrant issued under subsection (4), or

(ii) to verify that those quarters, if on a marine installation or structure, as defined in subsection 210.001(1), are in a structur- ally sound condition.

Notice

(2) The officer shall provide reasonable notice to the occupant before entering living quarters under subparagraph (1)(b)(ii).

Exception

(3) 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

(4) 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

(a) the living quarters are a place referred to in subsection 194(2);

(b) entry to the living quarters is necessary to verify compliance with this Part; and

(c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

Authority to open locker

(4.1) 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

(a) it is necessary to open the locker to verify compliance with this Part; and

(b) the occupant to whom it is assigned refused to allow it to be opened or there are reasonable grounds to believe that the occupant to whom it is assigned will refuse to allow it to be opened or that consent to opening it cannot be obtained from that occupant.

Use of force

(5) 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

(6) 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”

(7) In this section, “living quarters” means sleeping quarters provided for employees, as defined in subsection 210.001(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.

1992, c. 35, s. 117

73. Section 195 of the English version of the Act is replaced by the following:

Certificate to be produced

195. The Board shall provide every operational safety officer and conservation officer and the Chief Safety Officer and the Chief Conservation Officer with a certificate of appointment or designation and, on entering 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.

1992, c. 35, s. 117

74. Sections 196 and 197 of the Act are replaced by the following:

Assistance to officers

196. (1) The owner of, and every person in charge of, a place entered by an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer under subsection 194(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

(2) If the place referred to in subsection 194(2) is a marine installation or structure, as defined in subsection 210.001(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,

(a) 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

(b) suitable accommodation and food at the marine installation or structure.

Obstruction of officers and making of false statements

197. 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.

Authority to issue warrant

197.1 (1) 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

(2) 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:

(a) conduct examinations, tests or monitoring;

(b) take samples for examination or testing, and dispose of those samples; or

Where warrant not necessary

(3) An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may exercise the powers described in this section without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be feasible to obtain one.

Exigent circumstances

(4) Exigent circumstances include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or the environment or the loss or destruction of evidence.

Operation of computer system and copying equipment

(5) An individual authorized under this section to search a computer system in a place may

(a) use or cause to be used any computer system at the place to search any data contained in or available to the computer system;

(b) reproduce or cause to be reproduced any data in the form of a printout or other intelligible output;

(d) 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

(6) Every person who is in charge of a place in respect of which a search is carried out under this section shall, on presentation of the warrant, permit the individual carrying out the search to do anything described in subsection (5).

Transportation, accommodation and food

(7) The person in charge of a marine installation or structure, as defined in subsection 210.001(1), shall provide to an individual who is executing a warrant under this section at the marine installation or structure, free of charge,

(a) suitable return transportation between the marine installation or structure and 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

(b) suitable accommodation and food at the marine installation or structure.

Telewarrant provisions to apply

(8) A warrant may be issued under this section by telephone or other means of telecommunication on information submitted by an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer by one of those means, and section 487.1 of the Criminal Code applies for that purpose, with any modifications that the circumstances require.

Storage and removal

197.2 (1) A thing seized under this Part may be stored in the place where it was seized or may, at the discretion of an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, be removed to 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

(2) 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.

1992, c. 35, s. 117

75. Subsections 198(1) to (4) of the English version of the Act are replaced by the following:

Power of operational safety officer

198. (1) 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 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.

Notice

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

Expiry of order

(3) An order made by an operational safety officer under subsection (1) expires 72 hours after it is made unless it is confirmed before that time by order of the Chief Safety Officer.

Modification or revocation

(4) 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.

1992, c. 35, s. 117

76. Section 198.1 of the English version of the Act is replaced by the following:

Priority

198.1 An order made by an operational safety officer or the Chief Safety Officer prevails over an order made by a conservation officer or the Chief Conservation Officer to the extent of any inconsistency between the orders.

1992, c. 35, s. 117

77. Subsection 198.2(3) of the Act is replaced by the following:

Emergency

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

1992, c. 35, s. 118

78. (1) Paragraphs 199(1)(b) and (c) of the Act are replaced by the following:

(b) 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;

(c) 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;

1992, c. 35, s. 118

(2) Paragraphs 199(1)(e) and (f) of the Act are replaced by the following:

(e) undertakes or carries on a work or activity without an authorization under paragraph 142(1)(b) or without complying with the approvals or requirements, determined by the Board in accordance with the provisions of this Part or granted or prescribed by regulations made under this Part, of an authorization issued under that paragraph; or

(f) fails to comply with a direction, requirement or order of an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer or with an order of an installation manager or the Committee.

(3) Section 199 of the Act is amended by adding the following after subsection (2):

Due diligence defence

(3) 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.

79. The Act is amended by adding the following after section 199:

Offence by officers, etc., of corporation

200. (1) 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:

(a) an officer, director or agent of the corporation; and

(b) any other individual exercising managerial or supervisory functions in the corporation.

Offence by employee or agent

(2) In a prosecution for an offence under this Part, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence.

Imprisonment precluded in certain cases

200.1 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.

Orders of court

200.2 (1) 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:

(a) prohibiting the offender from committing an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

(b) directing the offender to take any meas- ures 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;

(c) directing the offender, at the offender’s own expense, to publish, in any manner that the court directs, the facts relating to the offence;

(d) directing the offender to submit to the Chief Safety Officer, on application by 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;

(e) directing the offender to pay to the Board an amount of money that the court considers appropriate for the purpose of conducting research, education and training in matters related to the protection of the environment, conservation of petroleum resources or safety of petroleum operations;

(f) directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court;

(g) directing the offender to post a bond or pay an amount of money into court that the court considers appropriate to ensure that the offender complies with any prohibition, direction, requirement or condition that is specified in the order; and

(h) 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.

Coming into force and duration of order

(2) 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.

Publication

(3) 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.

Variation of sanctions

200.3 (1) Subject to subsection (2), if a court has made, in relation to an offender, an order under subsection 200.2(1), the court may, on application by the offender or the Chief Safety Officer, require the offender to appear before it and, after hearing the offender and the Chief Safety Officer, vary the order in one or more of the following ways that the court considers appropriate because of a change in the circumstances of the offender since the order was made:

(a) by making changes to 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

(b) by decreasing the time during which the order is to remain in force or by relieving the offender, either absolutely or partially or for any period that the court considers appropriate, of compliance with any condition that is specified in the order.

Notice

(2) 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

200.4 If an application made under subsection 200.3(1) in relation to an offender has been heard by a court, no other application may be made under section 200.3 section in relation to the offender except with leave of the court.

Recovery of fines and amounts

200.5 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 200.2(1) or 200.3(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 Nova Scotia, 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.

80. Section 204 of the Act is replaced by the following:

Time limited for summary conviction proceedings

204. 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.

81. Section 205 of the French version of the Act is replaced by the following:

Preuve

205. Dans les poursuites pour infraction à la présente partie et en l’absence de preuve contraire, une copie de tout arrêté ou autre document respectivement pris ou établi en vertu de la présente partie ou de ses règlements et signée par la personne autorisée en vertu de la présente partie ou de ses règlements à le prendre ou à l’établir fait foi, sauf preuve contraire, de son contenu.

82. The Act is amended by adding the following after section 207:

Information

207.1 In any proceedings for an offence under this Part

(a) an information may include more than one offence committed by the same person;

(b) all those offences may be tried concurrently; and

83. Section 209 of the French version of the Act is replaced by the following:

Portée

209. La présente partie s’applique aux titres, droits ou intérêts pétroliers ou gaziers acquis ou octroyés avant l’entrée en vigueur du présent article et lie Sa Majesté du chef du Canada ou d’une province.

84. The Act is amended by adding the following after section 210:

PART III.1

Explanatory Notes

Clause 46: Existing text of sections 206 to 208:

206. In this Part,

“Newfoundland Consumption Tax Acts” means The Retail Sales Tax Act, 1978, Chapter 36 of the Statutes of Newfoundland, 1978, as amended from time to time, The Gasoline Tax Act, 1978, Chapter 39 of the Statutes of Newfoundland, 1978, as amended from time to time, The Tobacco Tax Act, 1978, Chapter 38 of the Statutes of Newfoundland, 1978, as amended from time to time and The Insurance Premiums Tax Act, 1978, Chapter 40 of the Statutes of Newfoundland, 1978, as amended from time to time and any other Act of the Legislature of the Province, as amended from time to time, as may be prescribed;

“Newfoundland Income Tax Act” means The Income Tax Act, Chapter 163 of the Revised Statutes of Newfoundland, 1970, as amended from time to time;

“Newfoundland Insurance Companies Tax Act” means The Insurance Companies Tax Act, Chapter 177 of the Revised Statutes of Newfoundland, 1970, as amended from time to time;

“Petroleum and Natural Gas Act” means The Petroleum and Natural Gas Act, Chapter 294 of the Revised Statutes of Newfoundland, 1970, as amended from time to time;

“Revenue Fund” means the account established under section 214.

Imposition of Consumption Taxes

207. (1) 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 Newfoundland Consumption Tax Acts if the offshore area were in the Province.

(2) Notwithstanding subsection (1), where taxes are imposed in respect of any matter under any of the Newfoundland 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.

(3) Subject to this Act and the regulations, the Newfoundland Consumption Tax Acts and any regulations made thereunder apply, with such modifications as the circumstances require, for the purposes of this Part and, without limiting the generality of the foregoing,

(a) a reference in those Acts to Her Majesty in right of the Province shall be deemed to be a reference to Her Majesty in right of Canada;

(b) a reference in those Acts to the Province of Newfoundland or the province shall be deemed to be a reference to the offshore area; and

(c) a reference in those Acts to the Minister responsible for the administration of any of those Acts shall be deemed to be a reference to the Minister of Finance.

(4) This section is binding on

(a) the corporations mentioned in Schedule A to the Federal-Provincial Fiscal Arrangements and Federal Post-Secondary Education and Health Contribution Act, 1977, where the Province is a participating province within the meaning of subsection 34(1) of that Act; and

(b) the corporations mentioned in Schedule B to that Act.

Imposition of Insurance Companies Tax

208. (1) There shall be imposed, levied and collected under this Part in respect of the insurance premiums received by any company with respect to property 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 Newfoundland Insurance Companies Tax Act if the property were situated in the Province.

(2) Notwithstanding subsection (1), where taxes are imposed in respect of any matter under the Newfoundland 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.

(3) Subject to this Act and the regulations, the Newfoundland Insurance Companies Tax Act and any regulations made thereunder apply, with such modifications as the circumstances require, for the purposes of this Part and, without limiting the generality of the foregoing,

(a) a reference in that Act to Her Majesty in right of the Province shall be deemed to be a reference to Her Majesty in right of Canada;

(b) a reference in that Act to the Province of Newfoundland or the province shall be deemed to be a reference to the offshore area; and

(c) a reference in that Act to the Minister responsible for the administration of that Act shall be deemed to be a reference to the Minister of Finance.

(4) In this section, “company” has the same meaning as in the Newfoundland Insurance Companies Tax Act.

Clause 47: Relevant portion of subsection 209(5):

(5) 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

...

(b) both

(i) section 207 or 208, and

(ii) the Newfoundland Consumption Tax Acts or the Newfoundland 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 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.

Clause 48: Existing text of subsection 210(2):

(2) Where a tax administration agreement is entered into, the Comptroller General of Finance of the Province may

(a) perform the duties and exercise any power or discretion that the Provincial Minister has under subsection (1) or otherwise under this Part; and

(b) designate officers of the Department of Finance of the Province to carry out such functions, perform such duties and exercise such powers as are similar to those that are carried out, exercised or performed by them on behalf of that Minister under the Newfoundland Consumption Tax Acts and the Newfoundland Insurance Companies Tax Act.

Clause 49: Existing text of section 211:

211. (1) 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 Income Tax Act in respect of that taxable income if the offshore area were in the Province.

(2) Notwithstanding subsection (1), where taxes are imposed under the Newfoundland 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.

(3) Subject to this Act and the regulations made thereunder, the Newfoundland Income Tax Act and any regulations made thereunder apply, with such modifications as the circumstances require, for the purposes of this Part and, without limiting the generality of the foregoing,

(a) a reference in that Act to Her Majesty in right of the Province shall be deemed to be a reference to Her Majesty in right of Canada;

(b) a reference in that Act to the Province of Newfoundland or the province shall be deemed to be a reference to the offshore area;

(i) in relation to the remittance of any amount as or on account of tax payable under that Act, the Receiver General of Canada, and

(ii) in relation to any other matter, the Minister of National Revenue for Canada; and

(d) a reference in that Act to the “Minister of National Revenue” shall be deemed to be a reference to the Minister of National Revenue for Canada.

(4) 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 regulations made under paragraph 124(4)(a) of the Income Tax Act.

Clause 50: New.

Clause 51: Relevant portion of section 216:

216. The Governor in Council may, on the recommendation of the Minister of Finance, make regulations

(a) excluding, for the purposes of this Act, any provision or any part thereof of the Newfoundland Consumption Tax Acts, the Newfoundland Income Tax Act, the Newfoundland Insurance Companies Tax Act or the Petroleum and Natural Gas Act or of any regulation made thereunder 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

Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

Clause 55: Existing text of the definition:

“Provincial Minister” means the Minister of Mines and Energy of the Province;

Clause 56: Existing text of section 6:

6. Before a regulation is made pursuant to subsection 5(1), 17(4), 35(8), 39(7) or 45(7), section 67, subsection 70(2), section 121, subsection 125(1), 128(1), 153(1), 157(5) or 165(4) or section 208, 245 or 248, the Federal Minister shall consult the Provincial Minister with respect to the proposed regulation and no regulation shall be so made without the approval of the Provincial Minister.

Clause 57: Existing text of subsection 13(3):

(3) The Chairman of the Board shall be selected, from among persons nominated by each government, by the panel within sixty days after the appointment of the chairman of the panel.

Clause 58: New.

Clause 59: New.

Clause 60: Existing text of subsection 30(2):

(2) The annual report submitted pursuant to subsection (1) shall contain an audited financial statement and a description of the activities of the Board during the fiscal year covered by the report.

Clause 61: Existing text of subsection 41(2):

(2) Where a request is received during any calendar year by the Board or the Federal Minister or the Provincial Minister to make a call for bids pursuant to Part II in relation to particular portions of the offshore area, the Federal Minister or the Provincial Minister may, after having reviewed the plan of the anticipated decisions of the Board during the calendar year submitted pursuant to section 43, issue to the Board a written directive to specify those portions of the offshore area in a call for bids made pursuant to Part II.

Clause 62: Relevant portion of subsection 46(1):

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

...

Clause 63: Existing text of subsection 126(1):

126. (1) Where the Board has reason to believe that an interest owner or holder is failing or has failed to meet any requirement of or under this Part or Part III or any regulation made under either Part, the Board may give notice to that interest owner or holder requiring compliance with the requirement within ninety days after the date of the notice or within such longer period as the Board considers appropriate.

Clause 64: (1) New.

(2) New.

(3) and (4) Relevant portion of subsection 142(5):

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

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

(b) a requirement undertaken in a declaration referred to in subsection 143.1(1) or (2);

Clause 65: Existing text of subsection 143.1(2):

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

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

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

Clause 66: Existing text of section 144:

144. The Board may, for the purposes of this Act, designate the Chief Executive Officer or any other person as the Chief Safety Officer and the same or another person as the Chief Conservation Officer.

Clause 67: Existing text of section 144.1:

144.1 For the purposes of this Act, an order made by a safety officer, the Chief Safety Officer, a conservation officer, the Chief Conservation Officer or the Committee is not a statutory instrument as defined in the Statutory Instruments Act.

Clause 68: Relevant portion of subsection 155(1):

155. (1) Subject to subsection (2), the Chief Safety Officer and Chief Conservation Officer may

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

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

Clause 69: Existing text of section 157:

157. (1) In this section,

“marine installation or structure” includes

(a) any ship, offshore drilling unit, production platform, subsea installation, pumping station, living accommodation, storage structure, loading or landing platform, and

(b) any other work or work within a class of works prescribed pursuant to paragraph (5)(a),

but does not include any vessel that provides any supply or support services to a ship, installation, structure or work described in paragraph (a) or (b);

“Nova Scotia social legislation” means the Labour Standards Code, Chapter 10 of the Statutes of Nova Scotia, 1972, as amended from time to time, the Occupational Health and Safety Act, Chapter 3 of the Statutes of Nova Scotia, 1985, as amended from time to time, the Trade Union Act, Chapter 19 of the Statutes of Nova Scotia, 1972, as amended from time to time, and the Workers’ Compensation Act, Chapter 65 of the Statutes of Nova Scotia, 1968, as amended from time to time.

(2) The Nova Scotia social legislation and any regulations made thereunder apply on any marine installation or structure that is within the offshore area in connection with the exploration or drilling for or the production, conservation or processing of petroleum within the offshore area.

(3) Notwithstanding subsection (2), any provision of any Act or regulation referred to in that subsection that is in relation to a matter in respect of which a regulation may be made under paragraph 153(1)(d), (m), (o) or (p) of this Act as it read before the coming into force of section 103 of An Act to amend the Oil and Gas Production and Conservation Act and other Acts in consequence thereof, or under any provision of this Act respecting occupational health or safety does not apply on marine installations or structures referred to in subsection (2) during such time as those installations or structures are within the offshore area in connection with a purpose referred to in that subsection.

(4) Notwithstanding subsection 123(1) of the Canada Labour Code and any other Act of Parliament

(a) Parts II and III of the Canada Labour Code do not apply on any marine installation or structure referred to in subsection (2), and

(b) in respect of any marine installation or structure referred to in subsection (2) that is within 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,

(i) Part I of the Canada Labour Code does not apply, and

(ii) the Trade Union Act, Chapter 19 of the Statutes of Nova Scotia, 1972, as amended from time to time, applies

during such time as the marine installation or structure is within the offshore area in connection with a purpose referred to in that subsection.

(5) Subject to section 6, the Governor in Council may make regulations

(a) prescribing a work or a class of works for the purpose of the definition “marine installation or structure” in subsection (1); and

(b) prescribing, for the purpose of subsection (2), any Act of the Legislature of the Province or excluding any such Act from the application of that subsection.

Clause 70: Existing text of subsection 166(3):

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

Clause 71: Existing text of the heading:

Safety and Conservation Officers

Clause 72: Existing text of sections 193 and 194:

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

194. A safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may at any reasonable time

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

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

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

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

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

Clause 73: Existing text of section 195:

195. The Board shall provide every safety officer and conservation officer and the Chief Safety Officer and the Chief Conservation Officer with a certificate of appointment or designation and, on entering any place pursuant to the authority of this Part, the officer shall, if so required, produce the certificate to the person in charge of the place.

Clause 74: Existing text of sections 196 and 197:

196. The owner, the person in charge of any place referred to in section 194 and every person found therein shall give a safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, as the case may be, all reasonable assistance to enable the officer to carry out duties and functions under this Part or the regulations.

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

Clause 75: Existing text of subsections 198(1) to (4):

198. (1) Where a safety officer or the Chief Safety Officer, on reasonable grounds, is of the opinion that continuation of an operation in relation to the exploration or drilling for or the production, conservation, processing or transportation of petroleum in any portion of the offshore area is likely to result in serious bodily injury, the safety officer or Chief Safety Officer, as the case may be, may order that the operation cease or be continued only in accordance with the terms of the order.

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

(3) An order made by a safety officer under subsection (1) expires seventy-two hours after it is made unless it is confirmed before that time by order of the Chief Safety Officer.

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

Clause 76: Existing text of section 198.1:

198.1 An order made by a safety officer or the Chief Safety Officer prevails over an order made by a conservation officer or the Chief Conservation Officer to the extent of any inconsistency between the orders.

Clause 77: Existing text of subsection 198.2(3):

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

Clause 78: (1) and (2) Relevant portion of subsection 199(1):

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

...

(b) knowingly makes any false entry or statement in any report, record or document required by this Part or the regulations or by any order made pursuant to this Part or the regulations;

(c) knowingly destroys, mutilates or falsifies any report or other document required by this Part or the regulations or by any order made pursuant to this Part or the regulations;

...

(e) undertakes or carries on a work or activity without an authorization under paragraph 142(1)(b) or without complying with the approvals or requirements of such an authorization; or

(f) fails to comply with a direction, requirement or order of a safety officer, a conservation officer, the Chief Safety Officer, the Chief Conservation Officer or an installation manager or with an order of the Committee.

(3) New.

Clause 79: New.

Clause 80: Existing text of section 204:

204. A prosecution for an offence under this Part may be instituted at any time within two years after the time when the subject-matter of the complaint arose.

Clause 81: Existing text of section 205:

205. 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.

Clause 82: New.

Clause 83: Existing text of section 209:

209. 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.

Clause 84: New.