Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act (S.C. 1987, c. 3)

Impact Assessment

Marginal note:Definition of designated project

• 138.011 (1) For the purposes of this section and sections 138.012 to 138.016, designated project means a designated project, as defined in section 2 of the Impact Assessment Act, that is a work or activity referred to in section 137 or 137.01 of this Act.

• Marginal note:Impact assessment

  (2) If an application for an authorization made under paragraph 138(1)(b) or subsection 138.01(1) or an application made under subsection 139(2) is in respect of a designated project, the Regulator may not make a determination respecting that application before

  • (a) the Impact Assessment Agency of Canada decides, under subsection 16(1) of the Impact Assessment Act, that an impact assessment of that project is not required; or

  • (b) the Minister of the Environment has issued a decision statement under section 65 of that Act.

• Marginal note:Designating a work or activity

  (3) If the Minister of the Environment considers designating, under section 9 of the Impact Assessment Act, a work or activity referred to in section 137 or 137.01 of this Act, the Chairperson of the Regulator shall provide the Minister with comments respecting this designation.

• Marginal note:Consultation with Ministers

  (4) Before providing the Minister of the Environment with comments, the Chairperson of the Regulator may consult with the Federal Minister and the Provincial Minister and, in that event, the Chairperson shall consult with both Ministers.

Marginal note:Access to information by Impact Assessment Agency

• 138.012 (1) The Regulator shall provide the Impact Assessment Agency of Canada, on request and within the period specified by the Agency under subsection 13(1) of the Impact Assessment Act, with any specialist or expert information or knowledge that the Regulator possesses.

• Marginal note:Engaging proponent

  (2) The Regulator shall, on the Agency’s request made under subsection 13(2) of the Impact Assessment Act, engage the proponent of the designated project in order to specify to the proponent the information, if any, that the Regulator may require in order to exercise its powers or perform its duties or functions with respect to that project.

• Marginal note:Comments for Agency — notice

  (3) The Chairperson of the Regulator shall provide the Agency with comments for any work or activity referred to in section 137 or 137.01 that is the subject of a notice posted under subsection 15(3) of the Impact Assessment Act in order to assist the Agency to decide whether an impact assessment of that work or activity is required.

• Marginal note:Consultation with Ministers

  (4) Before providing the Agency with comments, the Chairperson of the Regulator may consult with the Federal Minister and the Provincial Minister and, in that event, the Chairperson shall consult with both Ministers.

• Marginal note:Comments for Agency — time limits

  (5) If the Agency decides that an impact assessment of the designated project is required, the Chairperson of the Regulator shall provide the Agency with comments respecting the time limits referred to in subsections 28(2) and 37(1) of the Impact Assessment Act within which the impact assessment report shall be submitted to the Minister of the Environment and within which any recommendations shall be posted on the Internet site established by the Agency.

• Marginal note:Comments — time extension

  (6) The Chairperson of the Regulator shall provide the Minister of the Environment with comments respecting any extension to the time limits that is considered under subsection 28(6) or (7) or 37(3) or (4) of the Impact Assessment Act.

• Marginal note:Consultation with Ministers

  (7) Before providing the Minister of the Environment with comments, the Chairperson of the Regulator may consult with the Federal Minister and the Provincial Minister and, in that event, the Chairperson shall consult with both Ministers.

• Marginal note:Comments for Agency — information or studies

  (8) If the Agency decides that an impact assessment of the designated project is required, the Regulator shall provide the Agency with comments respecting

  • (a) the scope of the factors that the Agency takes into account in determining, under subsection 18(1.2) of the Impact Assessment Act, what information or which studies it considers necessary and that it may require from the proponent for the conduct of the impact assessment;

  • (b) the information or studies that the Regulator considers necessary for the conduct of the impact assessment or preparation of the impact assessment report, as the case may be, and that the Agency may require from the proponent under paragraph 18(1)(a), subsections 19(3) and 26(2) and section 38 of that Act; and

  • (c) whether the proponent has provided the Agency with all of the information or studies necessary for the conduct of the impact assessment or preparation of the impact assessment report.

Marginal note:Access to information by Agency or review panel

138.013 The Regulator shall provide the Impact Assessment Agency of Canada or a review panel, on request and within the period specified by the Agency or review panel under section 23 of the Impact Assessment Act, with any specialist or expert information or knowledge that the Regulator possesses.

Marginal note:Comments for Agency — conditions

138.014 If the Impact Assessment Agency of Canada or review panel is to make recommendations respecting a designated project to assist the Minister of the Environment in establishing conditions under section 64 of the Impact Assessment Act, including respecting mitigation measures, a follow-up program or an adaptive management plan, the Regulator shall provide the Agency or review panel, as the case may be, with comments respecting those conditions.

Marginal note:Federal authority’s obligation

138.015 Every federal authority, as defined in section 2 of the Impact Assessment Act, shall provide the Regulator, on request and within the period specified by the Regulator, with any specialist or expert information or knowledge that the authority possesses and that the Regulator may require in order to

• (a) decide whether to authorize a work or activity under subsection 138(1) or 138.01(1);

• (b) decide whether to approve a development plan under subsection 139(4) or any amendment to that plan under subsection 139(5); or

• (c) conduct a regional assessment under section 138.017 or a strategic assessment under section 138.018.

Marginal note:Access to information by authority

138.016 The Regulator shall provide an authority, as defined in section 81 of the Impact Assessment Act, on request and within the period specified by the authority under section 85 of that Act, with any specialist or expert information or knowledge that the Regulator possesses respecting a project, as defined in section 81 of that Act.

Regional Assessments and Strategic Assessments

Marginal note:Regional assessments

• 138.017 (1) The Regulator may conduct a regional assessment of the effects of any existing or future work or activity referred to in sections 137 or 137.01.

• Marginal note:Agreement between Ministers

  (2) The Federal Minister and the Provincial Minister may enter into an agreement with any jurisdiction authorized under any other federal or provincial legislation to conduct a regional assessment of the effects of any existing or future work or activity referred to in sections 137 or 137.01, including to specify the time limits and terms of that regional assessment.

Marginal note:Strategic assessments

• 138.018 (1) The Regulator may conduct a strategic assessment of any proposed or existing policy, plan or program respecting the offshore area or of any issue that is relevant to any existing or future work or activity referred to in sections 137 or 137.01.

• Marginal note:Agreement between Ministers

  (2) The Federal Minister and the Provincial Minister may enter into an agreement with any jurisdiction authorized under any other federal or provincial legislation to conduct a strategic assessment of any proposed or existing policy, plan or program respecting the offshore area or of any issue that is relevant to any existing or future work or activity referred to in sections 137 or 137.01, including to specify the time limits and terms of that strategic assessment.

Marginal note:Access to information by Agency or committee

138.019 The Regulator shall provide the Impact Assessment Agency of Canada or a committee, on request and within the period specified by the Agency or committee under section 100 of the Impact Assessment Act, with any specialist or expert information or knowledge that the Regulator possesses.

Marginal note:Comments for Minister of the Environment

138.02 If the Minister of the Environment shall, for the purposes of any regional assessment of the effects of any existing or future work or activity referred to in sections 137 or 137.01 or for the purposes of any strategic assessment in the offshore area, establish the terms of reference and appoint members of a committee or establish the terms of reference of the Impact Assessment Agency of Canada under section 96 of the Impact Assessment Act, the Federal Minister, the Provincial Minister and the Chairperson of the Regulator shall provide the Minister of the Environment with comments respecting those terms of reference or appointments.

Participant Funding Program

Marginal note:Participant funding program

138.021 The Regulator may establish a participant funding program to facilitate the participation of the public and any Indigenous peoples of Canada in consultations concerning any matter respecting the offshore area.

Right of Entry

Marginal note:Right of entry

• 138.1 (1) Subject to subsection (2), any person may, for the purpose of exploring for or exploiting petroleum, enter on and use any portion of the offshore area in order to carry on a work or activity authorized under paragraph 138(1)(b).

• Marginal note:Right of entry — offshore renewable energy

  (1.1) Subject to subsection (2), any person may, for the purpose of carrying on an offshore renewable energy project, enter on and use any portion of the offshore area in order to carry on a work or activity authorized under subsection 138.01(1).

• Marginal note:Right of entry — abandoned facilities

  (1.2) Subject to subsection (2), any person may enter on and use any portion of the offshore area in order to make contact with, alter or remove an abandoned facility if they have been authorized to do so under subsection 183.3(2).

• Marginal note:Restriction

  (2) If a person occupies a portion of the offshore area under a lawful right or title, other than an authorization under paragraph 138(1)(b) or subsection 138.01(1) or an interest as defined in section 47, no person may enter on or use that portion for a purpose referred to in any of subsections (1) to (1.2) without the consent of the occupier or, if consent has been refused, except in accordance with the terms and conditions imposed by a decision of an arbitrator made in accordance with the regulations.

Safety of Works and Activities

Marginal note:Safety — petroleum operations

• 138.2 (1) The Regulator shall, before issuing an authorization for a work or activity referred to in paragraph 138(1)(b), consider the safety of the work or activity by reviewing, in consultation with the Chief Safety Officer, the system as a whole and its components, including its structures, facilities, equipment, operating procedures and personnel.

• Marginal note:Safety — offshore renewable energy operations

  (2) The Regulator shall, before a work or activity referred to in subsection 138.01(1) commences, consider the safety of the work or activity by reviewing, in consultation with the Chief Safety Officer, the system as a whole and its components, including its structures, facilities, equipment, operating procedures and personnel.

Spill-treating Agent

Marginal note:Net environmental benefit

138.21 The Regulator shall not permit the use of a spill-treating agent in an authorization issued under paragraph 138(1)(b) unless the Regulator determines, taking into account any prescribed factors and any factors the Regulator considers appropriate, that the use of the spill-treating agent is likely to achieve a net environmental benefit.

Financial Requirements

Marginal note:Compliance — petroleum

• 138.3 (1) The Regulator shall, before issuing an authorization for a work or activity referred to in paragraph 138(1)(b), ensure that the applicant has complied with the requirements of subsections 162.1(1) or (2) and 163(1) or (1.01) in respect of that work or activity.

• Marginal note:Compliance — offshore renewable energy

  (2) The Regulator shall ensure that an applicant or holder of an authorization under subsection 138.01(1) has, prior to a date determined by regulations or, in the absence of regulations, prior to commencing a work or activity under that authorization, complied with the requirements of subsections 183.2(1) and 183.21(1) in respect of that work or activity.

Development Plan Approval

Marginal note:Approval of general approach of development

• 139 (1) No approval that is

  • (a) applicable to an authorization under paragraph 138(1)(b) to carry on work or activity in relation to developing a pool or field, and

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

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

• Marginal note:Application and submission of development plan

  (2) For the purposes of subsection (1), an application for the approval of a development plan shall be submitted to the Regulator in the form and containing the information fixed by the Regulator, at such time and in such manner as may be prescribed, together with the proposed development plan in the form and containing the information described in subsection (3).

• Marginal note:Development plan in two parts

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

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

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

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

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

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

• Marginal note:Approval of development plan

  (4) After reviewing an application and development plan submitted by any person pursuant to this section the Regulator may, subject to such requirements as the Regulator deems appropriate or as may be prescribed, approve

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

  • (b) Part II of the development plan.

• Marginal note:Approval of amendments to plan

  (5) Where a development plan has been approved pursuant to subsection (4), no amendment of Part I or II of the development plan shall be made unless it is approved by the Regulator in accordance with paragraph (4)(a) or (b), as the case may be.

• Marginal note:Application of certain provisions

  (6) Subsections (2) to (5) apply, with such modifications as the circumstances require, with respect to a proposed amendment to a development plan.

• Marginal note:Transboundary pool

  (7) The definitions in section 166 also apply in subsections (8) to (12).

• Marginal note:Approval subject to agreement

  (8) Despite subsection (4), a development plan submitted for approval in respect of a work or activity to be carried out in a transboundary pool that is the subject of a joint exploitation agreement is not to be approved by the Regulator unless the appropriate authority has agreed to its content. The approval of Part I of that development plan is subject to sections 31 to 40 — or in respect of any transboundary pool that extends into the jurisdiction of a foreign government, to the consent of the Federal Minister in consultation with the Provincial Minister — and any requirements that the Regulator and appropriate authority have agreed are appropriate or that may be prescribed.

• Marginal note:Disagreement

  (9) In the case of a disagreement about the content of the plan submitted for approval, or any of the requirements for approval referred to in subsection (8), the Regulator or the appropriate authority — or in respect of any transboundary pool extending into the jurisdiction of a foreign government, the Federal Minister after having consulted the Minister of Foreign Affairs and the Provincial Minister — may refer the matter to an expert in accordance with section 183.16.

• Marginal note:Submissions regarding Part I

  (10) Any submissions to the expert by the Regulator regarding Part I of the development plan are subject to sections 31 to 40. In respect of any transboundary pool extending into the jurisdiction of a foreign government, the submissions are subject to the approval of the Federal Minister in consultation with the Provincial Minister.

• Marginal note:Expert’s decision

  (11) The expert’s decision is deemed to be approval of the plan by the Regulator and approval of Part I of that plan by the Federal Minister and the Provincial Minister, or in the case of any transboundary pool extending into the jurisdiction of a foreign government, by only the Federal Minister.

• Marginal note:Amendment to development plan

  (12) Subsections (7) to (11) apply, with any necessary modifications, to a proposed amendment to a development plan to which a work or activity in a transboundary pool relates or to any requirement to which the approval of the plan is subject.