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Bill C-22

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Spill-treating Agent

Net environmental benefit

142.21 The Board shall not permit the use of a spill-treating agent in an authorization issued under paragraph 142(1)(b) unless the Board determines that the use of the spill-treating agent is likely to achieve a net environmental benefit.

(2) Section 142.21 of the Act is replaced by the following:

Net environmental benefit

142.21 The Board shall not permit the use of a spill-treating agent in an authorization issued under paragraph 142(1)(b) unless the Board determines, taking into account any prescribed factors and any factors the Board considers appropriate, that the use of the spill-treating agent is likely to achieve a net environmental benefit.

1992, c. 35, s. 96

89. Section 142.3 of the Act and the heading before it are replaced by the following:

Financial Requirements

Compliance with certain provisions

142.3 The Board shall, before issuing an authorization for a work or activity referred to in paragraph 142(1)(b), ensure that the applicant has complied with the requirements of subsections 167.1(1) or (2) and 168(1) or (1.01) in respect of that work or activity.

1992, c. 35, s. 101

90. (1) The portion of subsection 153(1) of the Act before paragraph (a) is replaced by the following:

Governor in Council’s regulatory power

153. (1) Subject to section 6, 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

(2) Subsection 153(1) of the Act is amended by adding the following after paragraph (b):

(b.1) concerning the measures to be taken in preparation for or in the case of a spill, as defined in subsection 165(1), including measures concerning the use of a spill-treating agent;

(b.2) concerning the process for the determination of net environmental benefit;

(b.3) concerning the variation or revocation of an approval referred to in paragraph 166.1(1)(b);

(3) Subsection 153(1) of the Act is amended by striking out “and” at the end of paragraph (h) and by adding the following after that paragraph:

(h.1) establishing the requirements for a pooled fund for the purposes of subsection 168(1.01);

(h.2) concerning the circumstances under which the Board may make a recommendation for the purposes of subsection 168.1(1) and the information to be submitted with respect to that recommendation;

(h.3) concerning the creation, conservation and production of records; and

(4) Section 153 of the Act is amended by adding the following after subsection (2):

Spill-treating agents

(3) Regulations made under subsection (1) respecting a spill-treating agent shall, in addition to the requirements set out in section 6, be made on the recommendation of the Federal Minister and the Minister of the Environment.

91. The Act is amended by adding the following after section 153:

Amendment to Schedule V or VI

153.1 (1) The Governor in Council may, by order, amend Schedule V or VI to add, amend or remove a reference to a federal Act or regulation, or to a provision of a federal Act or regulation.

Recommendation

(2) The order shall be made on the recommendation of the Federal Minister and every minister responsible for the administration of the provision.

92. Subsection 156(1) of the Act is replaced by the following:

Guidelines and interpretation notes

156. (1) The Board may issue and publish, in any manner the Board considers appropriate, guidelines and interpretation notes with respect to the application and administration of sections 45, 142 and 143 and subsection 168(1.01) and any regulations made under sections 30.1 and 153.

1992, c. 35, s. 110(1); 2001, c. 26, s. 324(9)

93. Subsections 165(1) to (3) of the Act are replaced by the following:

Definition of “spill”

165. (1) In sections 166 to 170, “spill” means a discharge, emission or escape of petroleum, other than one that is authorized under subsection 166.5(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”

(2) In section 167, “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”

(3) In sections 167 to 168 and 170, “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 142(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.

94. (1) The Act is amended by adding the following after section 166:

Spill-treating agents

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

(a) the authorization issued under paragraph 142(1)(b) permits the use of the spill-treating agent;

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

Clarification

(2) The provisions referred to in Schedule VI 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.

Net environmental benefit

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

(a) the Chief Conservation Officer has consulted with the Federal Minister and the Provincial Minister with respect to the approval;

(b) the Federal Minister has consulted with the Minister of the Environment with respect to the approval; and

(c) the Chief Conservation Officer determines that the use of the agent is likely to achieve a net environmental benefit.

(2) Paragraph 166.1(1)(b) of the Act is replaced by the following:

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

(3) Subsection 166.1(1) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

(d) the agent is used in accordance with the regulations.

(4) Subsection 166.1(3) of the Act is replaced by the following:

Net environmental benefit

(3) 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.

95. The Act is amended by adding the following after section 166.1:

Canadian Environmental Protection Act, 1999

166.2 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

166.3 For the purpose of section 42 of the Fisheries Act, if subsection 36(3) of that Act would have been contravened but for subsection 166.1(1),

(a) subsection 36(3) of that Act is deemed to apply in respect of the deposit of the spill-treating agent;

(b) the holder of the authorization referred to in paragraph 166.1(1)(a) is deemed to be the only person referred to in paragraph 42(1)(a) of that Act; and

(c) 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.

Notice

166.4 The Federal Minister shall, as soon as possible after it is made, notify the Provincial Minister and the Board of the making of the list of spill-treating agents and any amendment to that list.

Scientific research

166.5 (1) 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

(2) 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

(3) If the conditions set out in the authorization are met, the provisions referred to in section 166.2 and Schedules V and VI do not apply in respect of the spill-treating agent, oil and oil surrogate required for the research project.

1992, c. 35, s. 112(1)

96. (1) Paragraphs 167(1)(a) and (b) of the Act are replaced by the following:

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

(i) all actual loss or damage incurred by 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,

(ii) the costs and expenses reasonably incurred by the Board 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

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

(b) the person who is required to obtain an authorization under paragraph 142(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).

1992, c. 35, ss. 112(2), (3)(E) and (4)

(2) Subsections 167(2) to (3) of the Act are replaced by the following:

Recovery of loss, etc., caused by debris

(2) If, as a result of debris or as a result of any action or measure taken in relation to debris, there is a loss of non-use value relating to a public resource or any person incurs actual loss or damage or if the Board or 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,

(a) all persons to whose fault or negligence the debris is attributable or who are by law responsible for others to whose fault or negligence the debris is attributable are jointly and severally liable, to the extent determined according to the degree of the fault or negligence proved against them, for that loss, actual loss or damage, and for those costs and expenses; and

(b) the person who is required to obtain an authorization under paragraph 142(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

(2.1) A person who is required to obtain an authorization under paragraph 142(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).

Limit of liability

(2.2) For the purposes of paragraphs (1)(b) and (2)(b), the limit of liability is $1 billion.

Increase in limit of liability

(2.3) Subject to section 6, the Governor in Council may, by regulation, increase the amount referred to in subsection (2.2).

Liability under another law — paragraph (1)(b) or (2)(b)

(2.4) If a person is liable under paragraph (1)(b) or (2)(b) with respect to an occurrence and the person is also liable under any other Act, without proof of fault or negligence, for the same occurrence, the person is liable up to the greater of the applicable limit of liability 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

(2.5) The costs and expenses that are recov-erable 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

(2.6) 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

(3) 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.

(3) The portion of subsection 167(4) of the Act before paragraph (a) is replaced by the following:

Saving

(4) Subject to subsections (2.5) and (2.6), nothing in this section suspends or limits

(4) Subsection 167(5) of the French version of the Act is replaced by the following:

Prescription

(5) Les poursuites en recouvrement de créances fondées sur le présent article se prescrivent par trois ans après la date des pertes, dommages ou frais et par six ans après la date des déversements, dégagements, écoulements ou rejets ou après la date où s’est manifestée la présence des débris.

97. The Act is amended by adding the following after section 167:

Financial resources — certain activities

167.1 (1) An applicant for an authorization under paragraph 142(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 167(2.2) that apply to it. If the Board considers it necessary, it may determine a greater amount and require proof that the applicant has the financial resources to pay that greater amount.

Financial resources — other activities

(2) An applicant for an authorization under paragraph 142(1)(b) for any other work or activity shall provide proof, in the prescribed form and manner, that it has the financial resources necessary to pay an amount that is determined by the Board.

Loss of non-use value not considered

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

Continuing obligation

(4) The holder of an authorization under paragraph 142(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

(5) The holder of an authorization under paragraph 142(1)(b) shall also ensure that the proof referred to in subsection (1) remains in force for a period of one year beginning on the day on which the Board notifies the holder that it has accepted a report submitted by the holder indicating that the last well in respect of which the authorization is issued is abandoned. The Board 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 Board.

1992, c. 35, s. 113

98. (1) Subsections 168(1) to (2) of the Act are replaced by the following:

Financial responsibility

168. (1) An applicant for an authorization under paragraph 142(1)(b) shall provide proof of financial responsibility in the form of a letter of credit, guarantee or indemnity bond or in any other form satisfactory to the Board,

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

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

Pooled fund

(1.01) 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

(1.02) Subject to section 6, the Governor in Council may, by regulation, increase the amount referred to in subsection (1.01).

Continuing obligation

(1.1) The holder of an authorization under paragraph 142(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.

Extended obligation

(1.2) The holder of an authorization under paragraph 142(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 Board notifies the holder that it has accepted a report submitted by the holder indicating that the last well in respect of which the authorization is issued is abandoned. The Board 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 Board.

Payment of claims

(2) The Board may require that moneys in an amount not exceeding the amount prescribed for any case or class of cases, or determined by the Board in the absence of regulations, be paid out of the funds available under the letter of credit, guarantee or indemnity bond or other form of financial responsibility provided under subsection (1), or be paid out of the pooled fund referred to in subsection (1.01), in respect of any claim for which proceedings may be instituted under section 167, whether or not those proceedings have been instituted.

(2) Section 168 of the Act is amended by adding the following after subsection (4):

Reimbursement of pooled fund

(5) The holder of an authorization under paragraph 142(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.

99. The Act is amended by adding the following after section 168:

Lesser amount

168.1 (1) The Federal Minister may, by order, on the recommendation of the Board and with the Provincial Minister’s approval, approve an amount that is less than the amount referred to in subsection 167(2.2) or paragraph 168(1)(a) in respect of an applicant for, or a holder of, an authorization under paragraph 142(1)(b).

Financial resources — exception

(2) If the Federal Minister approves an amount that is less than the amount referred to in subsection 167(2.2) in respect of an applicant for an authorization under paragraph 142(1)(b), that applicant, for the purposes of subsection 167.1(1), shall only provide proof that it has the financial resources necessary to pay the adjusted amount approved by the Federal Minister.

No contravention

(3) No applicant for an authorization under paragraph 142(1)(b) contravenes paragraph 168(1)(a) if that applicant provides proof of financial responsibility in the amount that is approved by the Federal Minister under this section.

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

Sentencing principles

(3) In addition to the principles and factors that the court is otherwise required to consider, including those set out in sections 718.1 to 718.21 of the Criminal Code, the court shall consider the following principles when sentenc-ing a person who is found guilty of an offence under this Part:

(a) the amount of the fine should be increased to account for every aggravating factor associated with the offence, including the aggravating factors set out in subsection (4); and

(b) the amount of the fine should reflect the gravity of each aggravating factor associated with the offence.

Aggravating factors

(4) The aggravating factors are the following:

(a) the offence caused harm or risk of harm to human health or safety;

(b) the offence caused damage or risk of damage to the environment or to environmental quality;

(c) the offence caused damage or risk of damage to any unique, rare, particularly important or vulnerable component of the environment;

(d) the damage or harm caused by the offence is extensive, persistent or irreparable;

(e) the offender committed the offence intentionally or recklessly;

(f) the offender failed to take reasonable steps to prevent the commission of the offence;

(g) by committing the offence or failing to take action to prevent its commission, the offender increased their revenue or decreased their costs or intended to increase their revenue or decrease their costs;

(h) the offender has a history of non-compliance with federal or provincial legislation that relates to safety or environmental conservation or protection; and

(i) after the commission of the offence, the offender

(i) attempted to conceal its commission,

(ii) failed to take prompt action to prevent, mitigate or remediate its effects, or

(iii) failed to take prompt action to reduce the risk of committing similar offences in the future.

Absence of aggravating factor

(4.1) The absence of an aggravating factor set out in subsection (4) is not a mitigating factor.

Meaning of “damage”

(4.2) For the purposes of paragraphs (4)(b) to (d), “damage” includes loss of use value and non-use value.

Reasons

(4.3) 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.

101. Section 201 of the Act is replaced by the following:

Order of court

201. (1) If a person is found guilty of an offence under this Part, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, in addition to any other punishment that may be imposed under this Part, make an order that has any or all of the following effects:

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

(b) directing the offender to take any action that the court considers appropriate to remedy or avoid any harm to the environment that results or may result from the act or omission that constituted the offence;

(c) directing the offender to carry out environmental effects monitoring in the manner established by the Board or directing the offender to pay, in the manner specified by the court, an amount of money for the purposes of environmental effects monitoring;

(d) directing the offender to make changes to their environmental management system that are satisfactory to the Board;

(e) directing the offender to have an environmental audit conducted by a person of a class and at the times specified by the Board and directing the offender to remedy any deficiencies revealed during the audit;

(f) 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;

(g) 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;

(h) 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;

(i) 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;

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

(k) 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;

(l) 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;

(m) 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;

(n) 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

(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 requiring the publication of facts relating to the offence and the details of the punishment, the Board may, in the manner that the court directed the offender, publish those facts and details and recover the costs of publication from the offender.

Debt due to Board

(4) If the Board incurs publication costs under subsection (3), the costs constitute a debt due to the Board and may be recovered in any court of competent jurisdiction.

Variation of sanctions

201.1 (1) Subject to subsection (2), if a court has made, in relation to an offender, an order under section 201, the court may, on application by the offender or the Board, require the offender to appear before it and, after hearing the offender and the Board, vary the order in one or more of the following ways that the court considers appropriate because of a change in the offender’s circumstances since the order was made:

(a) by making changes to any prohibition, direction, requirement or condition that is specified in the order for any period or by extending the period during which the order is to remain in force, not exceeding one year; or

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

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

201.2 If an application made under subsection 201.1(1) in relation to an offender has been heard by a court, no other application may be made under section 201.1 in relation to the offender except with leave of the court.

Recovery of fines and amounts

201.3 If a person is convicted of an offence under this Part and a fine that is imposed is not paid when required or if a court orders an offender to pay an amount under subsection 201(1) or 201.1(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 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.

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

Administrative Monetary Penalties

Powers

Regulations

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

(a) designating as a violation that may be proceeded with in accordance with this Part

(i) the contravention of any specified provision of this Part or of any of its regulations,

(ii) the contravention of any direction, requirement, decision or order, or of any direction, requirement, decision or order of a specified class of directions, requirements or orders, made under this Part, or

(iii) the failure to comply with any term or condition of

(A) an operating licence or authorization, or a specified class of operating licences or authorizations, issued under this Part, or

(B) any approval or exemption or a specified class of approvals or exemptions, granted under this Part;

(b) respecting the determination of, or the method of determining, the amount payable as the penalty, which may be different for individuals and other persons, for each violation; and

(c) respecting the service of documents required or authorized under section 207.06, 207.2 or 207.5, including the manner and proof of service and the circumstances under which documents are considered to be served.

Maximum

(2) 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.

Powers

207.02 The Board may

(a) establish the form of notices of violation;

(b) designate persons or classes of persons who are authorized to issue notices of violation;

(d) designate persons or classes of persons to conduct reviews under section 207.4.

Violations

Commission of violation

207.03 (1) Every person who contravenes or fails to comply with a provision, direction, requirement, decision or order, or term or condition the contravention of which, or the failure to comply with which, is designated to be a violation by a regulation made under paragraph 207.01(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

(2) The purpose of the penalty is to promote compliance with this Part and not to punish.

Liability of directors, officers, etc.

207.04 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

207.05 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, or agent or mandatary is identified or proceeded against in accordance with this Part.

Issuance and service of notice of violation

207.06 (1) If a person designated under paragraph 207.02(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

(2) The notice of violation shall

(a) name the person that is believed to have committed the violation;

(b) set out the relevant facts surrounding the violation;

(d) inform the person of their right, under section 207.2, to request a review with respect to the amount of the penalty or the facts of the violation, and of the prescribed period within which that right is to be exercised;

(e) inform the person of the manner of paying the penalty set out in the notice; and

(f) inform the person that, if 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.

Rules About Violations

Certain defences not available

207.07 (1) A person named in a notice of violation does not have a defence by reason that the person

(a) exercised due diligence to prevent the commission of the violation; or

(b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.

Common law principles

(2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Part applies in respect of a violation to the extent that it is not inconsistent with this Part.

Continuing violation

207.08 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

207.09 (1) Proceeding with any act or omission as a violation under this Part precludes proceeding with it as an offence under this Part, and proceeding with it as an offence under this Part precludes proceeding with it as a violation under this Part.

Violations not offences

(2) 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

207.1 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.

Reviews

Right to request review

207.2 A person who is served with a notice of violation may, within 30 days after the day on which it is served, or within any longer period that the Board allows, make a request to the Board for a review of the amount of the penalty or the facts of the violation, or both.

Correction or cancellation of notice of violation

207.3 At any time before a request for a review in respect of a notice of violation is received by the Board, a person designated under paragraph 207.02(b) may cancel the notice of violation or correct an error in it.

Review

207.4 (1) On receipt of a request made under section 207.2, the Board shall conduct the review or cause the review to be conducted by a person designated under paragraph 207.02(d).

Restriction

(2) The Board shall conduct the review if the notice of violation was issued by a person designated under paragraph 207.02(d).

Object of review

207.5 (1) The Board 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

(2) The Board or the person conducting the review shall render a determination and the reasons for it in writing and cause the person who requested the review to be served with a copy of them.

Correction of penalty

(3) If the Board or the person conducting the review determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the Board or the person, as the case may be, shall correct the amount of the penalty.

Responsibility

(4) If the Board or the person conducting the review determines that the person who requested the review committed the violation, the person who requested the review is liable to the penalty as set out in the notice issued under section 207.06 or as set out in the determination if the amount of the penalty was corrected under subsection (3).

Determination final

(5) A determination made under this section is final and binding and, subject to review by the Supreme Court of Nova Scotia, is not subject to appeal or to review by any court.

Burden of proof

207.6 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.

Responsibility

Payment

207.7 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

207.8 A person that neither pays the penalty imposed under this Part nor requests a review in the period referred to in section 207.2 is considered to have committed the violation and is liable to the penalty.

Recovery of Penalties

Debt to Her Majesty

207.9 (1) A penalty constitutes a debt due to Her Majesty in right of the Province and may be recovered in the Supreme Court of Nova Scotia.

Limitation period

(2) No proceedings to recover the debt are to be instituted more than five years after the day on which the debt becomes payable.

Certificate

207.91 (1) The Board may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 207.9(1).

Registration

(2) Registration in the Supreme Court of Nova Scotia 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.

General

Admissibility of documents

207.92 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 207.06(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.

Publication

207.93 The Board may make public the nature of a violation, the name of the person who committed it and the amount of the penalty.

103. Subsection 217(2) of the French version of the Act is replaced by the following:

Trésor

(2) Dès que possible après leur perception ou réception par l’Office sous le régime du présent article, les montants sont déposés au crédit du receveur général et versés au Trésor selon les modalités prévues, par règlement, par le Conseil du Trésor conformément à la Loi sur la gestion des finances publiques.

1993, c. 28, s. 78, Sch. III, s. 8.3 and 1998, c. 15, s. 18; 2002, c. 7, s. 110(E)

104. Parts V and VI of the Act are repealed.

105. Subsection 246(2) of the Act is repealed.

106. Subsection 247(5) of the Act is replaced by the following:

Exception

(5) If the per capita fiscal capacity of the Province in respect of any fiscal year is equal to or greater than the national average per capita fiscal capacity in respect of that fiscal year, no payment shall be made under subsection (1) in respect of that fiscal year. The per capita fiscal capacity of the Province and the national average per capita fiscal capacity shall be determined in accordance with section 247.1.

107. The Act is amended by adding the following after section 247:

Definitions

247.1 (1) The following definitions apply in this section.

“Fiscal Arrangements Act”
« loi de 1977 »

“Fiscal Arrangements Act” means the Federal-Provincial Fiscal Arrangements and Federal Post-Secondary Education and Health Contributions Act, 1977.

“national average per capita fiscal capacity”
« moyenne nationale »

“national average per capita fiscal capacity” means the per capita fiscal capacity of all of the provinces.

“province”
« province »

“province” does not include Yukon, the Northwest Territories or Nunavut.

Per capita fiscal capacity of Province and national average

(2) For the purposes of subsection 247(5), the per capita fiscal capacity of the Province and the national average per capita fiscal capacity in respect of any fiscal year shall be determined by the Minister of Finance by dividing the aggregate of the estimated revenues of the Province or of all provinces, as the case may be, in respect of the fiscal year, as determined in accordance with subsection (3), by the population of the Province or of all provinces, as the case may be, in respect of the fiscal year.

Estimated revenues

(3) The aggregate of the estimated revenues of the Province or of all provinces, as the case may be, in respect of any fiscal year shall be determined by

(a) describing the sources from which are or may be derived the aggregate of the following revenues, namely:

(i) the aggregate of the revenues derived by all provinces in respect of the fiscal year from all sources described in the definition “revenue source” in subsection 4(2) of the Fiscal Arrangements Act as it read on April 1, 1982,

(ii) the aggregate of the revenues that are

(A) derived by all municipalities, boards, commissions and other local authorities from the sources described in paragraphs (z) and (bb) of the definition “revenue source” in subsection 4(2) of the Fiscal Arrangements Act as it read on April 1, 1982, and

(B) deemed by virtue of subsection 4(5) of the Fiscal Arrangements Act as it read on April 1, 1982 to be derived by a province in respect of the fiscal year, and

(iii) the aggregate of the revenues derived by all provinces in respect of the fiscal year and by all municipalities, boards, commissions and other local authorities in respect of their financial years ending in the fiscal year that

(A) are not included in subparagraph (i) or (ii), and

(B) are included in the computation of fiscal equalization payments for the fiscal year under the Fiscal Arrangements Act;

as those sources are described in the definition “revenue source” in subsection 4(2) of the Fiscal Arrangements Act, varying the description of such sources to take into account the changes and factors referred to in subsection (4);

(b) defining the expression “revenue base”, in respect of each distinct source described in paragraph (a), for a province in respect of the fiscal year, that relates to the measure of the relative capacity of the province to derive revenue from that source for that fiscal year,

(i) as that expression is defined in respect of that source, in section 6 of the Federal-Provincial Fiscal Arrangements and Established Programs Financing Regulations, 1982, and

(ii) varying that definition to take into account the changes and factors referred to in subsection (4);

(c) estimating the amount of each revenue base defined in paragraph (b), in respect of each source described in paragraph (a), for the Province or all provinces, as the case may be, for the fiscal year;

(d) estimating the amount of the revenues of the Province or all provinces, as the case may be, in respect of each source described in paragraph (a) for the fiscal year by multiplying

(i) the national average rate of tax for the fiscal year in respect of that source, and

(ii) the amount of the revenue base estimated under paragraph (c) in respect of that source for the Province or all provinces, as the case may be, for the fiscal year; and

(e) adding the amounts of the revenues of the Province or of all provinces, as the case may be, estimated under paragraph (d) in respect of all sources described in paragraph (a).

Changes and factors

(4) For the purposes of paragraph (3)(a) and subparagraph (3)(b)(ii), the following changes and factors should be taken into account, namely,

(a) changes in any laws of a province relating to taxation that apply in respect of fiscal years subsequent to the fiscal year beginning on April 1, 1982;

(b) changes to improve the accuracy of comparisons among provinces of relative capacity to derive revenue from any source described in paragraph (3)(a);

(c) changes made by statistical agencies to statistical data or methods used to measure the relative capacities of provinces to derive revenue from any such source; and

(d) any other factors that, in the opinion of the Minister of Finance, are relevant to the circumstances.

Average rate of tax

(5) For the purposes of paragraph (3)(d) the national average rate of tax for a fiscal year in respect of a source is the quotient obtained by dividing

(a) the aggregate of the total revenues, as determined by the Minister of Finance, derived by all provinces for the fiscal year from that source, whether or not the total revenues or any portion thereof are included in the computation of the fiscal equalization payments to provinces for the fiscal year under Part I of the Fiscal Arrangements Act

(b) the revenue base estimated under paragraph (3)(c) in respect of that source for all provinces for that fiscal year.

Determination of population

(6) For the purposes of this section, the population of a province for a fiscal year is the population of that province for that fiscal year, as determined for the purposes of Part I of the Fiscal Arrangements Act.

Terminology

108. Schedule IV to the French version of the Act is amended by replacing “Règlement sur les terres pétrolifères et gazéifères du Canada” in the bracketed text under the heading “LIMITES DE LA PARTIE DE LA ZONE EXTRACÔTIÈRE MENTIONNÉE AUX ARTICLES 104 ET 141” with “Règlement sur les terres pétrolifères et gazifères du Canada”.

109. The Act is amended by adding, after Schedule IV, the Schedules V and VI set out in Schedule 3 to this Act.

Consequential Amendments

2005, c. 30, s. 85

Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act

110. The definition “fiscal equalization offset payment” in section 4 of the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act is repealed.

111. (1) The formula in section 8 of the Act is replaced by the following:

A – B

(2) Section 8 of the Act is amended by adding “and” at the end of the description of A, by striking out “and” at the end of the description of B and by repealing the description of C.

112. Section 11 of the Act is repealed.

113. The definition “fiscal equalization offset payment” in section 18 of the Act is repealed.

114. (1) The formula in section 22 of the Act is replaced by the following:

A – B

(2) Section 22 of the Act is amended by adding “and” at the end of the description of A, by striking out “and” at the end of the description of B and by repealing the description of C.

115. Section 25 of the Act is repealed.

2007, c. 35

Budget and Economic Statement Implementation Act, 2007

116. Section 174 of the Budget and Economic Statement Implementation Act, 2007 is repealed.

Coordinating Amendments

Bill C-5

117. (1) Subsections (2) to (31) apply if Bill C-5, introduced in the 2nd session of the 41st Parliament and entitled the Offshore Health and Safety Act (in this section referred to as the “other Act”), receives royal assent.

(2) If section 3 of the other Act comes into force before section 37 of this Act, then that section 37 and the heading before it are replaced by the following:

1987, c. 3

Canada–Newfoundland and Labrador Atlantic Accord Implementation Act

37. Section 2 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act is amended by adding the following in alphabetical order:

“spill-treating agent”
« agent de traitement »

“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.

(3) If section 3 of the other Act comes into force on the same day as section 37 of this Act, then that section 3 is deemed to have come into force before that section 37, and subsection (2) applies as a consequence.

(4) If section 5 of the other Act comes into force before section 38 of this Act, then that section 38 is replaced by the following:

38. Subsection 7(1) of the Act is replaced by the following:

Provincial Minister’s approval

7. (1) Before a regulation is made under subsection 5(1), section 29.1, subsection 41(7), section 64, subsection 67(2), section 118, subsection 122(1), 125(1), 149(1), 162(2.3), 163(1.02) 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.

(5) If section 38 of this Act comes into force before section 5 of the other Act, then, on the day on which that section 5 comes into force, subsection 7(1) of chapter 3 of the Statutes of Canada, 1987, is replaced by the following:

Provincial Minister’s approval

(6) If section 5 of the other Act comes into force on the same day as section 38 of this Act, then that section 38 is deemed to have come into force before that section 5, and subsection (5) applies as a consequence.

(7) On the first day on which both section 5 of the other Act and subsection 54(5) of this Act are in force, subsection 149(3) of chapter 3 of the Statutes of Canada, 1987, is replaced by the following:

Spill-treating agents

(3) 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.

(8) If subsection 22(3) of the other Act comes into force before subsection 50(2) of this Act, then, on the day on which that subsection 50(2) comes into force, paragraph 138(5)(a) of chapter 3 of the Statutes of Canada, 1987, is replaced by the following:

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

(9) If subsection 50(2) of this Act comes into force before subsection 22(3) of the other Act, then that subsection 22(3) is replaced by the following:

(3) Paragraph 138(5)(a) of the Act is replaced by the following:

(3.1) Paragraph 138(5)(b) of the Act is replaced by the following:

(b) a requirement undertaken in a declaration referred to in subsection 139.1(1);

(10) If subsection 50(2) of this Act comes into force on the same day as subsection 22(3) of the other Act, then that subsection 22(3) is deemed to have come into force before that subsection 50(2), and subsection (8) applies as a consequence.

(11) If subsection 22(4) of the other Act comes into force before subsection 50(3) of this Act, then, on the day on which that subsection 50(3) comes into force, paragraph 138(5)(c) of the English version of chapter 3 of the Statutes of Canada, 1987, is replaced by the following:

(12) If subsection 22(4) of the other Act comes into force on the same day as subsection 50(3) of this Act, then that subsection 50(3) is deemed to have come into force before that subsection 22(4).

(13) On the first day on which both subsection 194(3) of chapter 3 of the Statutes of Canada, 1987, as enacted by subsection 39(3) of the other Act, and subsection 194(3) of chapter 3 of the Statutes of Canada, 1987, as enacted by subsection 64 of this Act, are in force, subsection 194(3) of chapter 3 of the Statutes of Canada, 1987, as enacted by subsection 39(3) of the other Act, is renumbered as subsection 194(4.4) and is repositioned accordingly if required.

(14) On the first day on which both section 40 of the other Act and section 65 of this Act are in force,

(a) sections 195.2 to 195.5 of chapter 3 of the Statutes of Canada, 1987, are repealed; and

(b) subsection 196(1) of chapter 3 of the Statutes of Canada, 1987, is replaced by the following:

Order of court

196. (1) If a person is found guilty of an offence under this Part, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, in addition to any other punishment that may be imposed under this Part, make an order that has any or all of the following effects:

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

(c) 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;

(d) directing the offender to carry out environmental effects monitoring in the manner established by the Board or directing the offender to pay, in the manner specified by the court, an amount of money for the purposes of environmental effects monitoring;

(e) directing the offender to make changes to their environmental management system that are satisfactory to the Board;

(f) directing the offender to have an environmental audit conducted by a person of a class and at the times specified by the Board and directing the offender to remedy any deficiencies revealed during the audit;

(g) directing the offender to pay to 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;

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

(i) directing the offender to publish, in the manner specified by the court, the facts relating to the commission of the offence and the details of the punishment imposed, including any orders made under this subsection;

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

(k) directing the offender to notify, at the offender’s own cost and in the manner specified by the court, any person aggrieved or affected by the offender’s conduct of the facts relating to the commission of the offence and of the details of the punishment imposed, including any orders made under this subsection;

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

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

(n) directing the offender to pay, in the manner specified by the court, an amount of money to environmental, health or other groups to assist in their work;

(o) directing the offender to pay, in the manner specified by the court, an amount of money to an educational institution including for scholarships for students enrolled in studies related to the environment;

(p) requiring the offender to comply with any conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing another offence under this Part;

(q) 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.

(15) On the first day on which both section 202.1 of chapter 3 of the Statutes of Canada, 1987, as enacted by section 43 of the other Act, and section 202.1 of chapter 3 of the Statutes of Canada, 1987, as enacted by section 66 of this Act, are in force, section 202.1 of chapter 3 of the Statutes of Canada, 1987, as enacted by section 43 of the other Act is renumbered as section 202.001 and, if necessary, is repositioned after section 202.

(16) If section 56 of the other Act comes into force before section 72 of this Act, then that section 72 is replaced by the following:

72. Subsection 6(1) of the Act is replaced by the following:

Provincial Minister’s approval

6. (1) Before a regulation is made under subsection 5(1) or 17(4), section 30.1, subsection 35(8), 39(7) or 45(7), section 67, subsection 70(2), section 121, subsection 125(1), 128(1), 153(1), 167(2.3), 168(1.02) or 207.01(1) or section 208, 245 or 248, 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.

(17) If section 72 of this Act comes into force before section 56 of the other Act, then, on the day on which that section 56 comes into force, subsection 6(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:

Provincial Minister’s approval

(18) If section 56 of the other Act comes into force on the same day as section 72 of this Act, then that section 72 is deemed to have come into force before that section 56 and subsection (17) applies as a consequence.

(19) On the first day on which both section 56 of the other Act and subsection 90(4) of this Act are in force, subsection 153(3) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:

Spill-treating agents

(3) Regulations made under subsection (1) respecting a spill-treating agent shall, in addition to the requirements set out in subsection 6(1), be made on the recommendation of the Federal Minister and the Minister of the Environment.

(20) If subsection 64(3) of the other Act comes into force before subsection 86(2) of this Act, then, on the day on which that subsection 86(2) comes into force, paragraph 142(5)(a) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:

(21) If subsection 86(2) of this Act comes into force before subsection 64(3) of the other Act, then that subsection 64(3) is replaced by the following:

(3) Paragraph 142(5)(a) of the Act is replaced by the following:

(3.1) Paragraph 142(5)(b) of the Act is replaced by the following:

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

(22) If subsection 86(2) of this Act comes into force on the same day as subsection 64(3) of the other Act, then that section 64(3) is deemed to have come into force before that subsection 86(2) and subsection (20) applies as a consequence.

(23) If subsection 64(4) of the other Act comes into force before subsection 86(3) of this Act, then, on the day on which that subsection 86(3) comes into force, paragraph 142(5)(c) of the English version of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:

(24) If subsection 64(4) of the other Act comes into force on the same day as subsection 86(3) of this Act, then that subsection 86(3) is deemed to have come into force before that subsection 64(4).

(25) On the first day on which both subsection 199(3) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, as enacted by subsection 78(3) of the other Act, and subsection 199(3) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, as enacted by section 100 of this Act, are in force, subsection 199(3) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, as enacted by subsection 78(3) of the other Act, is renumbered as subsection 199(4.4) and is repositioned accordingly if required.

(26) On the first day on which both section 79 of the other Act and section 101 of this Act are in force,

(a) sections 200.2 to 200.5 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act are repealed; and

(b) subsection 201(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following:

Order of court

(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;

(e) directing the offender to make changes to their environmental management system that are satisfactory to the Board;

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

(n) directing the offender to pay, in the manner specified by the court, an amount of money to environmental, health or other groups to assist in their work;

(27) On the first day on which both section 207.1 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, as enacted by section 82 of the other Act, and section 207.1 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, as enacted by section 102 of this Act, are in force, section 207.1 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, as enacted by section 82 of the other Act, is renumbered as section 207.001 and, if necessary, is repositioned after section 207.

(28) If section 112 of this Act comes into force before subparagraph 115(h)(i) of the other Act, then that subparagraph 115(h)(i) is repealed.

(29) If subparagraph 115(h)(i) of the other Act comes into force on the same day as section 112 of this Act, then that subparagraph 115(h)(i) is deemed to have come into force before that section 112.

(30) If section 113 of this Act comes into force before subparagraph 115(h)(ii) of the other Act, then that subparagraph 115(h)(ii) is replaced by the following:

(ii) paragraph (a) of the definition “offshore revenue” and the definition “pe-troleum” in section 18, and

(31) If subparagraph 115(h)(ii) of the other Act comes into force on the same day as section 113 of this Act, then that subparagraph 115(h)(ii) is deemed to have come into force before that section 113.

Bill C-15

118. (1) Subsections (2) to (10) apply if Bill C-15, introduced in the 2nd session of the 41st Parliament and entitled the Northwest Territories Devolution Act (in this section referred to as “the other Act”), receives royal assent.

(2) On the first day on which both section 21 of the other Act and subsection 17(1) of this Act are in force, the portion of subsection 25.1(1) of the Canada Oil and Gas Operations Act before paragraph (a) is replaced by the following:

Spill-treating agents

25.1 (1) In the case of a spill in the zones referred to in paragraph 3(d) or the waters superjacent to the continental shelf of Canada, 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

(3) On the first day on which both section 21 of the other Act and subsection 25.4(1) of the Canada Oil and Gas Operations Act, as enacted by section 18 of this Act, are in force, subsection 25.4(1) is replaced by the following:

Scientific research

25.4 (1) 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 in the zones referred to in paragraph 3(d) or the waters superjacent to the continental shelf of Canada.

(4) On the first day on which both section 21 of the other Act and subsection 19(2) of this Act are in force, paragraphs 26(2.2)(b) and (c) of the Canada Oil and Gas Operations Act are replaced by the following:

(b) in respect of any area referred to in paragraphs 3(a) and (b) that is covered by or located at a distance of 200 metres or less from any river, stream, lake or other body of inland water and to which paragraph (a) of this subsection does not apply, the amount of $25 million;

(c) in respect of any area referred to in paragraphs 3(a) and (b) and to which neither paragraph (a) nor (b) of this subsection applies, the amount of $10 million; and

(5) On the first day on which both section 21 of the other Act and subsection 21(1) of this Act are in force, paragraph 27(1)(a) of the Canada Oil and Gas Operations Act is replaced by the following:

(a) in the case of the drilling for or development or production of oil or gas in any area referred to in paragraphs 3(d) and (e), in the amount of $100 million or, if the Board considers it necessary, in a greater amount that it determines; or

(6) On the first day on which section 24 of the other Act and subsection 23(1) of this Act are in force, the definition “unitization order” in section 29 of the Canada Oil and Gas Operations Act is replaced by the following:

“unitization order”
« arrêté d’union »

“unitization order” means an order made under section 41, 48.092 or 48.23;

(7) On the first day on which section 21 of the other Act and subsection 23(2) of this Act are in force, paragraphs (a) and (b) of the definition “perimeter” in section 29 of the Canada Oil and Gas Operations Act are replaced by the following:

(a) the area in the offshore, as defined in section 48.01, that is within 20 km of the onshore;

(b) the area in Nunavut that is within 20 km of the limit of that territory; and

(c) the portion of the submarine area — consisting of the areas referred to in paragraphs 3(d) and (e) — that is within 10 nautical miles of the seaward limit of that area;

(8) If section 36 of the other Act comes into force before subsection 34(4) of this Act, then that subsection 34(4) is repealed.

(9) If subsection 34(4) of this Act comes into force before section 36 of the other Act, then that section 36 is repealed.

(10) If section 36 of the other Act comes into force on the same day as subsection 34(4) of this Act, then that section 36 is deemed to have come into force before that subsection 34(4) and subsection (8) applies as a consequence.

Coming into Force

Order or 12 months after royal assent

119. (1) Subject to subsection (2), the provisions of this Part, other than sections 117 and 118, come into force 12 months after the day on which this Act receives royal assent or on any earlier day or days that may be fixed by order of the Governor in Council.

Order or 5 years after royal assent

(2) Subsections 8(2), 17(2) to (4), 52(2), 58(2) to (4), 88(2) and 94(2) to (4) come into force five years after the day on which this Act receives royal assent or on any earlier day or days that may be fixed by order of the Governor in Council.

PART 2

NUCLEAR LIABILITY AND COMPENSATION ACT

Enactment of Act

Enactment

120. The Nuclear Liability and Compensation Act, whose text is as follows and whose schedule is set out in Schedule 4 to this Act, is enacted:

An Act respecting civil liability and compensa-tion for damage in case of a nuclear incident, repealing the Nuclear Liability Act and making consequential amend-ments to other Acts

SHORT TITLE

Short title

1. This Act may be cited as the Nuclear Liability and Compensation Act.

INTERPRETATION

Definitions

2. The following definitions apply in this Act.

“approved insurer”
« assureur agréé »

“approved insurer” means an insurer or association of insurers that is designated under section 29 as an approved insurer.

“Contracting State”
« État contractant »

“Contracting State” means a State that has ratified, accepted or approved the Convention in accordance with its Article XVIII or that has acceded to it in accordance with its Article XIX.

“Convention”
« Convention »

“Convention” means the Convention on Supplementary Compensation for Nuclear Damage, done at Vienna on September 12, 1997 and signed by Canada on December 3, 2013, as amended from time to time.

“nuclear fuel”
« combustible nucléaire »

“nuclear fuel” means material that is capable of a self-sustaining nuclear fission chain reaction.

“nuclear incident”
« accident nucléaire »

“nuclear incident” means an occurrence or a series of occurrences having the same origin that causes damage for which an operator is liable under this Act.

“nuclear installation”
« établissement nucléaire »

“nuclear installation” means, other than in subparagraphs 9(4)(b)(i) and (c)(i) of the English version, any site or means of transport that is designated under section 7 as a nuclear installation.

“nuclear material”
« matière nucléaire »

“nuclear material” means

(a) nuclear fuel, other than natural uranium or depleted uranium, that can produce energy by a self-sustaining nuclear fission chain reaction outside a nuclear reactor, either alone or in combination with another material; and

(b) radioactive products or waste, other than radioisotopes that have reached the final stage of fabrication so as to be usable for any scientific, medical, agricultural, commercial or industrial purpose.

“nuclear reactor”
« réacteur nucléaire »

“nuclear reactor” means a structure containing nuclear fuel arranged such that a self-sustaining nuclear fission chain reaction can occur in the structure without an additional source of neutrons.

“operator”
« exploitant »

“operator” means a person who is designated by a regulation made under section 7 as an operator.

“public funds”
« fonds publics »

“public funds” means an amount that Contracting States must contribute when a call for funds is made under Article VII.1 of the Convention.

“radioactive products or waste”
« produit ou déchet radioactif »

“radioactive products or waste” means

(a) radioactive material that is produced in the production or use of nuclear fuel other than natural uranium or depleted uranium; or

(b) material that is made radioactive by exposure to radiation consequential on or incidental to the production or use of nuclear fuel other than natural uranium or depleted uranium.

“Tribunal”
« Tribunal »

“Tribunal” means a nuclear claims tribunal established under subsection 41(1).