Bill C-5

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2nd Session, 41st Parliament,

62 Elizabeth II, 2013

house of commons of canada

BILL C-5

An Act to amend the Canada-Newfoundland Atlantic Accord Implementation Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and other Acts and to provide for certain other measures

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Offshore Health and Safety Act.

1987, c. 3

CANADA-NEWFOUNDLAND ATLANTIC ACCORD IMPLEMENTATION ACT

2. The long title of the French version of the Canada-Newfoundland Atlantic Accord Implementation Act is replaced by the following:

Loi concernant la mise en oeuvre de l’accord entre les gouvernements du Canada et de Terre-Neuve-et-Labrador sur la gestion des ressources en hydrocarbures extracôtiers et sur le partage des recettes correspondantes et apportant des modifications corrélatives ou connexes

3. Section 1 of the Act is replaced by the following:

Short title

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

4. (1) The definition “Canada-Newfoundland benefits plan” in section 2 of the English version of the Act is repealed.

(2) The definitions “Board”, “Province”, “Provincial Act” and “Provincial Minister” in section 2 of the Act are replaced by the following:

“Board”
« Office »

“Board” means the Canada–Newfoundland and Labrador Offshore Petroleum Board referred to in section 9;

“Province”
« province »

“Province” means the province of Newfoundland and Labrador;

“Provincial Act”
« loi provinciale »

“Provincial Act” means the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, R.S.N.L. 1990, c. C-2, as amended from time to time;

“Provincial Minister”
« ministre provincial »

“Provincial Minister” means, other than for the purposes of Part III.1, the Minister of the Crown in right of the Province designated by the Provincial Government as the provincial minister for the purposes of this Act.

(3) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:

“Canada–Newfoundland and Labrador benefits plan”
« plan de retombées économiques »

“Canada–Newfoundland and Labrador benefits plan” means a plan submitted under subsection 45(2);

5. Section 7 of the Act is replaced by the following:

Approval of Provincial Minister

7. (1) Before a regulation is made under subsection 5(1), subsection 41(7), section 64, subsection 67(2), section 118, subsection 122(1), 125(1) or 149(1) or section 203, 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 205.001(3) or (4) or 205.124(1), the Federal Minister shall consult the minister of the government of the Province who is responsible for occupational health and safety with respect to the proposed regulation and no regulation shall be so made without the approval of that minister.

6. Section 9 of the Act is amended by adding the following after subsection (1):

Change of name

(1.1) The name of the Canada-Newfoundland Offshore Petroleum Board is changed to Canada–Newfoundland and Labrador Offshore Petroleum Board and the Canada–Newfoundland and Labrador Offshore Petroleum Board is deemed to have been established under subsection (1).

References

(1.2) A reference in any contract, document, instrument, proclamation, by-law or order in council to the Canada-Newfoundland Offshore Petroleum Board is, unless the context otherwise requires, to be read as a reference to the Canada–Newfoundland and Labrador Offshore Petroleum Board.

7. (1) Paragraph 12(4)(b) of the Act is replaced by the following:

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

(2) Subsection 12(5) of the English version of the Act is replaced by the following:

Selection of Chairperson of Board within 60 days

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

8. Section 25 of the Act is amended by adding the following after subsection (4):

Application of Newfoundland and Labrador legislation

(4.1) Newfoundland and Labrador social legislation as defined in subsection 205.001(1), the provisions of the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time, and the provisions of the Occupational Health and Safety Act, R.S.N.L. 1990, c. O-3, as amended from time to time, and any regulations made under that legislation or those Acts, apply to persons employed under subsection (1).

Non-application of Canada Labour Code

(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).

9. The Act is amended by adding the following after section 26:

Audit and evaluation committee

26.1 (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.

10. Subsection 29(2) of the Act is replaced by the following:

Contents of report

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

11. Paragraph 41(1)(c) of the Act is replaced by the following:

(c) the feedstock requirements of any refining facility located in the Province that was not in place on the coming into force of this Act, other than a facility referred to in paragraph (b), if the feedstock requirements required to satisfy the demand of industrial capacity, on the day of the coming into force of this Act, in Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador have been met.

12. (1) Paragraph 42(1)(d) of the English version of the Act is replaced by the following:

(d) Canada–Newfoundland and Labrador benefits plans and any of their provisions; and

(2) Section 42 of the Act is amended by adding the following after subsection (1):

Occupational health and safety directives

(1.1) The Federal Minister, on the recommendation of the Minister of Labour, and the minister of the government of the Province who is responsible for occupational health and safety, may jointly issue to the Board 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 205.119 or made following an inquiry under section 205.12.

(3) Subsections 42(2) and (3) of the English version of the Act are replaced by the following:

Directives binding

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

Directives not statutory instruments

(3) Directives issued under this section are not statutory instruments for the purposes of the Statutory Instruments Act.

(4) Subsection 42(4) of the Act is replaced by the following:

Notice in Canada Gazette

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

13. Paragraph 44(2)(c) of the English version of the Act is replaced by the following:

(c) if the potential development has been proposed to the Board by any person, require that person to submit and make available for public distribution a preliminary development plan, an environmental impact statement, a socio-economic impact statement, a prelimi- nary Canada–Newfoundland and Labrador benefits plan and any other plan specified by the Board; and

14. The heading before section 45 of the English version of the Act is replaced by the following:

Canada–Newfoundland and Labrador Benefits Plan

15. (1) Subsection 45(1) of the English version of the Act is replaced by the following:

Definition of “Canada–Newfoundland and Labrador benefits plan”

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

1992, c. 35, s. 47

(2) Subsection 45(2) of the Act is replaced by the following:

Board approval of benefits plan

(2) Before the Board approves any development plan under subsection 139(4) or authorizes any work or activity under paragraph 138(1)(b), a Canada–Newfoundland and Labrador benefits plan shall be submitted to and approved by the Board, unless it directs that that requirement need not be complied with.

(3) The portion of subsection 45(3) of the English version of the Act before paragraph (a) is replaced by the following:

Particular provisions of plan

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

(4) Subsections 45(4) to (6) of the English version of the Act are replaced by the following:

Affirmative action programs

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

Duties of Board in reviewing plans

(5) In reviewing any Canada–Newfoundland and Labrador benefits plan, the Board shall consult with both Ministers on the extent to which the plan meets the requirements set out in subsections (1), (3) and (4).

Directives

(6) Subject to any directives issued under subsection 42(1), the Board may approve any Canada–Newfoundland and Labrador benefits plan.

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

(c.1) aviation regulation;

1988, c. 28, s. 257(F)

17. (1) Subsection 97(1) of the Act is replaced by the following:

Definition of “Petroleum and Natural Gas Act”

97. (1) In this Division, “Petroleum and Natural Gas Act” means Part II of the Petroleum and Natural Gas Act, R.S.N.L. 1990, c. P-10, as amended from time to time.

(2) Subsections 97(2) and (3) of the French version of the Act are replaced by the following:

Redevances

(2) Sont réservées à Sa Majesté du chef du Canada les redevances, intérêts et amendes qui seraient fixés sous le régime de la Loi sur le pétrole et le gaz naturel si la production provenait de la province. Chaque indivisaire d’une licence de production est tenu au paiement de ces redevances conformément au paragraphe (4).

Exception

(3) Les hydrocarbures objet de redevances sous le régime de la Loi sur le pétrole et le gaz naturel échappent à l’assujettissement du paragraphe (2).

(3) Subsection 97(4) of the Act is replaced by the following:

Application of Newfoundland and Labrador legislation

(4) Subject to this Act and the regulations, the Petroleum and Natural Gas Act and the regulations referred to in subsection (4.1) apply, with any modifications that the circumstances require, for the purposes of this section and, without limiting the generality of the foregoing,

(a) a reference in that Act to Her Majesty in Right of the province is to be read as a reference to Her Majesty in right of Canada; and

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

Application of Newfoundland and Labrador regulations

(4.1) The following regulations apply for the purposes of subsection (4):

(a) any regulations made under the Petroleum and Natural Gas Act; and

(b) any regulations made under an Act that was replaced by the Petroleum and Natural Gas Act, to the extent that those regulations remain in force in accordance with the laws of the Province and are not inconsistent with the Petroleum and Natural Gas Act.

(4) Subsection 97(5) of the French version of the Act is replaced by the following:

Interdiction des parts de la Couronne

(5) Les dispositions de la Loi sur le pétrole et le gaz naturel et de ses règlements n’ont pas pour effet de réserver à Sa Majesté une part de la Couronne sur les titres extracôtiers.

18. Subsection 98(6) of the French version of the Act is replaced by the following:

Imputation

(6) L’accord peut prévoir, selon les modalités déterminées, que toute somme reçue par le gouvernement de la province, sous le régime de l’article 97, ou sous celui de l’article 97 et de la Loi sur le pétrole et le gaz naturel, peut être imputée par celui-ci sur les sommes — impôts, taxes, intérêts, amendes ou autres — à payer par la personne assujettie sous leur régime en dépit de toute indication contraire de celle-ci ou l’absence d’indication.

19. The definition “court” in subsection 102(1) of the Act is replaced by the following:

“court”
« tribunal »

“court” means the Trial Division of the Supreme Court of Newfoundland and Labrador and includes any of its judges;

20. Subsection 123(1) of the Act is replaced by the following:

Notice to comply

123. (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.

21. Subsection 124(10) of the Act is replaced by the following:

Judicial review

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

22. (1) Section 138 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 138 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. 58

(3) Paragraphs 138(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 139.1(1);

(4) Subsection 138(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. 60

23. Subsection 139.1(2) of the Act is repealed.

1992, c. 35, s. 61

24. Section 140 of the Act is replaced by the following:

Designation

140. 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. 61

25. Section 140.1 of the Act is replaced by the following:

Order

140.1 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 205.001(1) is not a statutory instrument as defined in the Statutory Instruments Act.

26. Section 148 of the Act is replaced by the following:

Enforcement of Committee orders

148. (1) Any order made by the Committee may, for the purpose of its enforcement, be made an order of the Supreme Court of Newfoundland and Labrador and shall be enforced in the same manner as any order of that Court.

Procedure for enforcement

(2) To make an order of the Committee an order of the Supreme Court of Newfoundland and Labrador, the practice and procedure established by the Provincial Act for making any order an order of that Court may be followed.

When order rescinded or replaced

(3) When an order of the Committee has been made an order of the Supreme Court of Newfoundland and Labrador, any order of the Committee, or of the Board under section 186, rescinding or replacing the first mentioned order of the Committee, has the effect of cancelling the order of the Court and may in the same manner be made an order of the Court.

1992, c. 35, s. 64

27. Paragraphs 151(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 149, if those Officers are satisfied that the use of that other equipment and those other methods, measures or standards would provide a level of safety, protection of the environment and conservation equivalent to that provided by compliance with the regulations; or

(b) grant an exemption from any requirement imposed, by any regulation made under section 149, in respect of equipment, methods, measures or standards, if those Officers are satisfied with the level of safety, protection of the environment and conservation that will be achieved without compliance with that requirement.

1988, c. 28, s. 261; 1992, c. 35, s. 66; 1999, c. 31, s. 29

28. Section 152 of the Act is repealed.

1992, c. 35, s. 74(2)(E)

29. Subsection 161(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.

30. (1) Subsection 185(1) of the Act is replaced by the following:

Stated case for Supreme Court of Newfoundland and Labrador

185. (1) The Committee may of its own motion or at the request of the Board state a case, in writing, for the opinion of the Trial Division of the Supreme Court of Newfoundland and Labrador on any question that in the opinion of the Committee is a question of law or of the jurisdiction of the Committee.

(2) Subsection 185(2) of the English version of the Act is replaced by the following:

Proceedings on case

(2) The Trial Division of the Supreme Court of Newfoundland and Labrador shall hear and determine the case stated, and remit the matter to the Committee with the opinion of the Court on the matter.

31. (1) Subsection 187(1) of the Act is replaced by the following:

Appeal to Supreme Court of Newfoundland and Labrador

187. (1) An appeal lies from a decision or order of the Committee to the Trial Division of the Supreme Court of Newfoundland and Labrador on a question of law, on leave being obtained from that Court, in accordance with the practice of that Court, on application made within one month after the making of the decision or order sought to be appealed from or within any further time that that Court may allow.

(2) Subsection 187(3) of the English version of the Act is replaced by the following:

Powers of Court

(3) After the hearing of the appeal, the Trial Division of the Supreme Court of Newfoundland and Labrador shall certify its opinion to the Committee and the Committee shall make any order necessary to comply with that opinion.

1992, c. 35, s. 80

32. The heading before section 188 of the English version of the Act is replaced by the following:

Operational Safety Officers and Conservation Officers

1992, c. 35, s. 80

33. Sections 188 and 189 of the Act are replaced by the following:

Operational safety officers

188. (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 16.

Orders for verifying compliance

189. (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 189.2, enter a place that is used for any work or activity in respect of which this Part applies or any other place in which that officer has reasonable grounds to believe that there is anything to which this Part applies, and may for that purpose

(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

189.1 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

189.2 (1) If the place referred to in subsection 189(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 205.001(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 189(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

(5) 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

(6) The officer who executes a warrant issued under subsection (4) shall not use force unless the use of force has been specifically authorized in the warrant.

Telewarrant provisions to apply

(7) A warrant may be issued under this section by telephone or other means of telecommunication on information submitted by an operational safety officer or 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”

(8) In this section, “living quarters” means sleeping quarters provided for employees, as defined in subsection 205.001(1), on a marine installation or structure, as defined in that subsection, and any room for the exclusive use of the occupants of those quarters that contains a toilet or a urinal.

1992, c. 35, s. 80

34. Section 190 of the English version of the Act is replaced by the following:

Certificate to be produced

190. 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. 80

35. Sections 191 and 192 of the Act are replaced by the following:

Assistance to officers

191. (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 189(2), and every person found in that place, shall give all assistance that is reasonably required to enable the officer to verify compliance with this Part and provide any documents, data or information that are reasonably required for that purpose.

Transportation, accommodation and food

(2) If the place referred to in subsection 189(2) is a marine installation or structure, as defined in subsection 205.001(1), the person in charge of the marine installation or structure shall provide to the officer, and to every individual accompanying the officer, free of charge,

(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

192. 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

192.1 (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 205.001(1), shall provide to an individual who is executing a warrant under this section at the marine installation or structure, free of charge,

(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

192.2 (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. 80

36. Subsections 193(1) to (4) of the English version of the Act are replaced by the following:

Power of operational safety officer

193. (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. 80

37. Section 193.1 of the English version of the Act is replaced by the following:

Priority

193.1 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. 80

38. Subsection 193.2(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. 81

39. (1) Paragraphs 194(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. 81

(2) Paragraphs 194(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 138(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 194 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.

40. The Act is amended by adding the following after section 194:

Offence by officers, etc., of corporation

195. (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

195.1 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

195.2 (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

195.3 (1) Subject to subsection (2), if a court has made, in relation to an offender, an order under subsection 195.2(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

195.4 If an application made under subsection 195.3(1) in relation to an offender has been heard by a court, no other application may be made under section 195.3 in relation to the offender except with leave of the court.

Recovery of fines and amounts

195.5 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 195.2(1) or 195.3(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 Newfoundland and Labrador, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against them in that Court in civil proceedings.

41. Section 199 of the Act is replaced by the following:

Time limited for summary conviction proceedings

199. 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.

42. Section 200 of the French version of the Act is replaced by the following:

Preuve

200. 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.

43. The Act is amended by adding the following after section 202:

Information

202.1 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

44. Section 204 of the French version of the Act is replaced by the following:

Portée

204. 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.

45. The Act is amended by adding the following after section 205:

PART III.1

OCCUPATIONAL HEALTH AND SAFETY

Interpretation

Definitions

205.001 (1) The following definitions apply in this Part.

“authorization”
« autorisation »

“authorization” means an authorization issued under paragraph 138(1)(b).

“Chief Safety Officer”
« délégué à la sécurité »

“Chief Safety Officer” means the person designated as the Chief Safety Officer under section 140.

“committee”
« comité »

“committee” means a special committee and a workplace committee.

“coordinator”
« coordonnateur »

“coordinator” means an employee designated under subsection 205.045(1) to act as an occupational health and safety coordinator.

“declaration”
« déclaration »

“declaration” means a declaration referred to in subsection 139.1(1).

“employee”
« employé »

“employee” means an individual who, in return for monetary compensation, performs work or services for an employer in respect of a work or activity for which an authorization has been issued.

“employer”
« employeur »

“employer” means a person who employs or contracts for the services of any individual in respect of a work or activity for which an authorization has been issued, if that person has the power to exercise direction and control over the individual’s work at the workplace.

“hazardous substance”
« substance dangereuse »

“hazardous substance” includes a controlled product and any chemical, biological or physical agent that, by reason of a property that the agent possesses, is hazardous to the health or safety of an individual exposed to it.

“health and safety officer”
« agent de santé et de sécurité »

“health and safety officer” means an occupational health and safety officer or a special officer.

“interest holder”
Version anglaise seulement

“interest holder” has the same meaning as in section 47.

“marine installation or structure”
« ouvrage en mer »

“marine installation or structure”

(a) includes

(i) any ship, including any ship used for construction, production or diving or for geotechnical or seismic work,

(ii) any offshore drilling unit, including a mobile offshore drilling unit,

(iii) any production platform, subsea installation, pipeline as defined in section 135, pumping station, living accommodation, storage structure or loading or landing platform, and

(iv) any other work, or work within a class of works, prescribed under paragraph (4)(a); but

(b) does not include

(i) any vessel, including any supply vessel, standby vessel, shuttle tanker or seismic chase vessel, that provides any supply or support services to a ship, installation, structure, work or anything else described in paragraph (a), unless the vessel is within a class of vessels that is prescribed under paragraph (4)(b), or

(ii) any ship or vessel within a class of ships or vessels prescribed under paragraph (4)(c).

“Newfoundland and Labrador social legislation”
« lois sociales »

“Newfoundland and Labrador social legislation” means the provisions of the following Acts, as those Acts are amended from time to time: the Communicable Diseases Act, R.S.N.L. 1990, c. C-26, the Food and Drug Act, R.S.N.L. 1990, c. F-21, the Health and Community Services Act, S.N.L. 1995, c. P-37.1, the Human Rights Act, 2010, S.N.L. 2010, c. H-13.1, the Labour Standards Act, R.S.N.L. 1990, c. L-2, the Public Safety Act, S.N.L. 1996, c. P-41.01, the Radiation Health and Safety Act, R.S.N.L. 1990, c. R-1, and the Workplace Health, Safety and Compensation Act, R.S.N.L. 1990, c. W-11.

“occupational health and safety officer”
« agent de santé et de sécurité au travail »

“occupational health and safety officer” means an individual designated by the Federal Minister under section 205.071.

“operator”
« exploitant »

“operator” means a person who holds an authorization.

“owner”
« propriétaire »

“owner” means a person who has a right, title or interest, including a leasehold interest, recognized by law, in a marine installation or structure that is used or is to be used as a workplace, or any entity in which the person has vested all or any part of their right, title or interest.

“passenger craft”
« véhicule de transport »

“passenger craft” means any aircraft or vessel used to transport employees to or from a workplace while — and immediately before — it is transporting them.

“person”
« personne »

“person” includes individuals, corporations and partnerships.

“personal protective equipment”
« équipement de protection personnelle »

“personal protective equipment” includes personal protective clothing, personal protective devices and personal protective materials.

“provider of services”
« fournisseur de services »

“provider of services” means a person who, for commercial gain,

(a) provides services related to the placement with an operator or employer of individuals who, in return for monetary compensation, perform work or services for the operator or employer at a workplace; or

(b) provides services that affect or could affect the health or safety of employees or other individuals at a workplace or on a passenger craft, including engineering serv- ices, architectural services, the services of a certifying authority referred to in subsection 139.2(6), or the services of any person who provides information or advice, issues a certificate or affixes a professional seal or stamp.

“provincial labour relations board”
Version anglaise seulement

“provincial labour relations board” means the Labour Relations Board continued under the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time.

“Provincial Minister”
« ministre provincial »

“Provincial Minister” means the minister of the government of the Province who is responsible for occupational health and safety.

“special committee”
« comité spécial »

“special committee” means a special committee established under section 205.046.

“special officer”
« agent spécial »

“special officer” means an individual designated under section 205.072.

“supervisor”
« superviseur »

“supervisor” means an employee who is in charge of a workplace or part of a workplace or who has authority over other employees.

“supplier”
« fournisseur de biens »

“supplier” means a person who, for commercial gain, manufactures, supplies, sells, leases, distributes or installs any tool, equipment, machine or device, any biological, chemical, or physical agent or any other prescribed thing, to be used at a workplace or on a passenger craft.

“union”
« syndicat »

“union” means a trade union as defined in the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time, that has the status of a bargaining agent under that Act in respect of any bargaining unit at a workplace, or any organization representing employees that has exclusive bargaining rights under any other Act of the Legislature of the Province in respect of those employees.

“workplace”
« lieu de travail »

“workplace” means

(a) any marine installation or structure where an employee is employed in connection with a work or activity for which an authorization has been issued;

(b) any workboat used by an employee, and operated from a marine installation or structure, to perform routine maintenance or repair work in connection with a work or activity for which an authorization has been issued; and

(c) any dive site from which, and any underwater area at which, a diving operation is conducted by an employee in connection with a work or activity for which an authorization has been issued.

“workplace committee”
« comité du lieu de travail »

“workplace committee” means a workplace committee established under section 205.043.

Hazardous Products Act definitions

(2) In this Part, “controlled product”, “hazard symbol”, “Ingredient Disclosure List”, “label” and “material safety data sheet” have the same meanings as in section 2 and subsection 11(1) of the Hazardous Products Act. Subsection 11(2) of that Act also applies for the purposes of this Part.

Regulations

(3) Subject to section 7 and on the recommendation of the Federal Minister and the Minister of Labour, the Governor in Council may make regulations

(a) defining “danger”, “dive site”, “diving operation” and “incident” for the purposes of this Part; and

(b) amending the definition “Newfoundland and Labrador social legislation” in subsection (1) to add any Act of the Legislature of the Province or to remove any Act from the definition.

Regulations

(4) Subject to section 7 and on the recommendation of the Federal Minister, the Minister of Labour and the Minister of Transport, the Governor in Council may make regulations

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

(b) prescribing a class of vessels for the purposes of subparagraph (b)(i) of the definition “marine installation or structure” in subsection (1); and

(c) prescribing a class of ships or vessels for the purposes of subparagraph (b)(ii) of the definition “marine installation or structure” in subsection (1).

Employees in transit

(5) For the purposes of sections 205.005, 205.007 and 205.008, an employee is deemed to be at a workplace within the offshore area while — and immediately before — the employee is being transported on a passenger craft between the last point of embarkation on shore and the workplace, between the workplace and the first point of disembarkation on shore, or between workplaces.

Explanatory Notes

Canada-Newfoundland Atlantic Accord Implementation Act

Clause 2: Existing text of the long title:

An Act to implement an agreement between the Government of Canada and the Government of Newfoundland and Labrador on offshore petroleum resource management and revenue sharing and to make related and consequential amendments

Clause 3: Existing text of section 1:

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

Clause 4: (1) Existing text of the definition:

“Canada-Newfoundland benefits plan” means a plan submitted pursuant to subsection 45(2);

(2) Existing text of the definitions:

“Board” means the Canada-Newfoundland Offshore Petroleum Board established by the joint operation of section 9 of this Act and section 9 of the Provincial Act;

“Province” means the province of Newfoundland;

“Provincial Act” means The Canada-Newfoundland Atlantic Accord Implementation (Newfoundland) Act, chapter 37 of the Statutes of Newfoundland, 1986;

“Provincial Minister” means the Minister of the Crown in right of the Province designated, pursuant to the Provincial Act, by the Provincial Government as the provincial minister for the purposes of the Provincial Act or any provision thereof.

(3) New.

Clause 5: Existing text of section 7:

7. Before a regulation is made pursuant to subsection 5(1) or 41(7), section 64, subsection 67(2), section 118, subsection 122(1), 125(1), 149(1), 152(5) or 160(4) or section 203, 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 6: New.

Section 7: (1) Relevant portion of subsection 12(4):

(4) The chairman of the panel shall be appointed

(b) where the two members of the panel fail to agree on the appointment of the chairman of the panel within the thirty day period referred to in paragraph (a), by the Chief Justice of Newfoundland within thirty days after the expiration of that period.

(2) Existing text of subsection 12(5):

(5) The Chairman of the Board shall be selected by the panel within sixty days after the appointment of the chairman of the panel.

Clause 8: New.

Clause 9: New.

Clause 10: Existing text of subsection 29(2):

(2) Each 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 11: Relevant portion of subsection 41(1):

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

...

(c) the feedstock requirements of any refining facility located in the Province that was not in place on the coming into force of this Act, other than a facility referred to in paragraph (b), where the feedstock requirements required to satisfy the demand of industrial capacity, on the day of the coming into force of this Act, in the Provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland have been met.

Clause 12: (1) Relevant portion of subsection 42(1):

42. (1) The Federal Minister and the Provincial Minister may jointly issue to the Board written directives in relation to

...

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

(2) New.

(3) Existing text of subsections 42(2) and (3):

(2) The Board shall comply with a directive issued under subsection (1).

(3) Directives issued under subsection (1) shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act.

(4) Existing text of subsection 42(4):

(4) Where a directive is issued under subsection (1), a notice shall be published in the Canada Gazette that the directive has been issued and that the text thereof is available for inspection by any person on request made to the Board.

Clause 13: Relevant portion of subsection 44(2):

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

...

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

Clause 14: Existing text of the heading:

Canada-Newfoundland Benefits Plan

Clause 15: (1) and (2) Existing text of subsections 45(1) and (2):

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

(2) Before the Board may approve any development plan pursuant to subsection 139(4) or authorize any work or activity under paragraph 138(1)(b), a Canada-Newfoundland benefits plan shall be submitted to and approved by the Board, unless the Board directs that that requirement need not be complied with.

(3) Relevant portion of subsection 45(3):

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

(4) Existing text of subsections 45(4) to (6):

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

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

(6) Subject to any directives issued under subsection 42(1), the Board may approve any Canada-Newfoundland benefits plan.

Clause 16: 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 17: (1) to (4) Existing text of section 97:

97. (1) In this Division, the “Petroleum and Natural Gas Act” means Part II of The Petroleum and Natural Gas Act, Chapter 294 of the Revised Statutes of Newfoundland, 1970, as amended from time to time.

(2) There is hereby reserved to Her Majesty in right of Canada and each holder of a share in a production licence is liable for and shall pay to Her Majesty in right of Canada, in accordance with subsection (4), the royalties, interest and penalties that would be payable in respect of petroleum under the Petroleum and Natural Gas Act if the petroleum were produced from areas within the Province.

(3) Notwithstanding subsection (2), where petroleum is subject to a royalty under the Petroleum and Natural Gas Act, that petroleum is not subject to a royalty under subsection (2).

(4) Subject to this Act and the regulations, the Petroleum and Natural Gas Act and any regulations made thereunder apply, with such modifications as the circumstances require, for the purposes of this section 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; and

(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.

(5) No provision of the Petroleum and Natural Gas Act or any regulation made thereunder shall apply so as to reserve to Her Majesty a Crown share in any interest issued in respect of any portion of the offshore area.

Clause 18: Existing text of subsection 98(6):

(6) An administration agreement may provide that, where any payment is received by the Government of the Province on account of any royalties, interest, penalties or other sum payable by a person under

(a) section 97, or

(b) both

(i) section 97, and

(ii) the Petroleum and Natural Gas Act,

the payment so received may be applied by the Government of the Province towards the royalties, interest, penalties or other sums payable by the person under any such provision or Act in such manner as is specified in the agreement, notwithstanding that the person directed that the payment be applied in any other manner or made no direction as to its application.

Clause 19: Existing text of the definition:

“court” means the Trial Division of the Supreme Court of Newfoundland and includes a judge thereof;

Clause 20: Existing text of subsection 123(1):

123. (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 21: Existing text of subsection 124(10):

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

Clause 22: (1) New.

(2) New.

(3) and (4) Relevant portion of subsection 138(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 139.1(1) or (2);

Clause 23: Existing text of subsection 139.1(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 24: Existing text of section 140:

140. 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 25: Existing text of section 140.1:

140.1 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 26: Existing text of section 148:

148. (1) Any order made by the Committee may, for the purpose of enforcement thereof, be made an order of the Supreme Court of Newfoundland and shall be enforced in like manner as any order of that Court.

(2) To make an order of the Committee an order of the Supreme Court of Newfoundland, the practice and procedure established by the Provincial Act for making any order an order of that Court may be followed.

(3) When an order of the Committee has been made an order of the Supreme Court of Newfoundland, any order of the Committee, or of the Board under section 186, rescinding or replacing the first mentioned order of the Committee, shall be deemed to cancel the order of the Court and may in like manner be made an order of the Court.

Clause 27: Relevant portion of subsection 151(1):

151. (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 and those other methods, measures or standards would provide a level of safety, protection of the environment and conservation equivalent to that provided by compliance with the regulations; or

(b) 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 28: Existing text of section 152:

152. (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);

“Newfoundland social legislation” means The Boiler, Pressure Vessel and Compressed Gas Act, Chapter 12 of the Statutes of Newfoundland, 1981, as amended from time to time, The Elevators Act, Chapter 107 of the Revised Statutes of Newfoundland, 1970, as amended from time to time, The Labour Standards Act, Chapter 52 of the Statutes of Newfoundland, 1977, as amended from time to time, The Occupational Health and Safety Act, Chapter 23 of the Statutes of Newfoundland, 1978, as amended from time to time, The Radiation Health and Safety Act, Chapter 90 of the Statutes of Newfoundland, 1977, as amended from time to time, The Workers’ Compensation Act, 1983, Chapter 48 of the Statutes of Newfoundland, 1983, 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.

(2) The Newfoundland 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 made in relation to a matter in respect of which a regulation may be made under paragraph 149(1)(d), (m), (o) or (p) of this Act as it read before the coming into force of section 66 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 or 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 Labour Relations Act, 1977, Chapter 64 of the Statutes of Newfoundland, 1977, 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 7, 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 29: Existing text of subsection 161(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 30: (1) and (2) Existing text of section 185:

185. (1) The Committee may of its own motion or at the request of the Board state a case, in writing, for the opinion of the Trial Division of the Supreme Court of Newfoundland on any question that in the opinion of the Committee is a question of law or of the jurisdiction of the Committee.

(2) The Trial Division of the Supreme Court of Newfoundland shall hear and determine the case stated, and remit the matter to the Committee with the opinion of the Court thereon.

Clause 31: (1) Existing text of subsection 187(1):

187. (1) An appeal lies from a decision or order of the Committee to the Trial Division of the Supreme Court of Newfoundland on a question of law, on leave therefor being obtained from that Court, in accordance with the practice of that Court, on application made within one month after the making of the decision or order sought to be appealed from or within such further time as that Court may allow.

(2) Existing text of subsection 187(3):

(3) After the hearing of the appeal, the Trial Division of the Supreme Court of Newfoundland shall certify its opinion to the Committee and the Committee shall make any order necessary to comply with that opinion.

Clause 32: Existing text of the heading:

Safety and Conservation Officers

Clause 33: Existing text of sections 188 and 189:

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

189. 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 34: Existing text of section 190:

190. 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 35: Existing text of sections 191 and 192:

191. The owner, the person in charge of any place referred to in section 189 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.

192. 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 and functions under this Part or the regulations.

Clause 36: Existing text of subsections 193(1) to (4):

193. (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 37: Existing text of section 193.1:

193.1 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 38: Existing text of subsection 193.2(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 39: (1) and (2) Relevant portion of subsection 194(1):

194. (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 138(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, the Chief Safety Officer, a conservation officer, the Chief Conservation Officer or an installation manager or with an order of the Committee.

(3) New.

Clause 40: New.

Clause 41: Existing text of section 199:

199. 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 42: Existing text of section 200:

200. 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 43: New.

Clause 44: Existing text of section 204:

204. 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 45: New.