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Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (S.C. 1988, c. 28)

Act current to 2022-09-22 and last amended on 2022-07-30. Previous Versions

PART IIPetroleum Resources (continued)

DIVISION IIIExploration (continued)

Significant Discovery Licences (continued)

Marginal note:Reduction of area subject to significant discovery licence

  •  (1) Where a significant discovery area in relation to a declaration of significant discovery is decreased pursuant to an amendment made under subsection 74(4), any significant discovery licence that was issued on the basis of that declaration shall be amended by decreasing accordingly the portions of the offshore area subject to that licence.

  • Marginal note:Increase in area subject to significant discovery licence

    (2) Where a significant discovery area in relation to a declaration of significant discovery is increased pursuant to an amendment made under subsection 74(4), any significant discovery licence that was issued on the basis of that declaration shall be amended to include all portions of the amended significant discovery area that are subject to any exploration licence held by the interest owner of that significant discovery licence at the time the significant discovery area is so increased.

Marginal note:Exploration licence ceases to have effect

  •  (1) On the issuance of a significant discovery licence pursuant to subsection 76(1) with respect to a significant discovery area, any exploration licence ceases to have effect in relation to that significant discovery area.

  • Marginal note:Effective date of significant discovery licence

    (2) The effective date of a significant discovery licence is the date of application for the licence.

  • Marginal note:Term of significant discovery licence

    (3) Subject to subsection 88(1), a significant discovery licence continues in force, in relation to each portion of the offshore area to which the licence applies, during such period as the declaration of significant discovery on the basis of which the licence was issued remains in force in relation to that portion.

  • Marginal note:Crown reserve area on expiration of licence

    (4) On the expiration of a significant discovery licence, any portion of the offshore area to which the significant discovery licence related and that is not subject to a production licence becomes a Crown reserve area.

Drilling Orders

Marginal note:Drilling orders

  •  (1) Subject to subsections (2) to (4) and sections 32 to 37, the Board may, at any time after making a declaration of significant discovery, by order subject to section 127, require the interest owner of any interest in relation to any portion of the significant discovery area to drill a well on any portion of the significant discovery area that is subject to that interest, in accordance with such directions as may be set out in the order, and to commence the drilling within one year after the making of the order or within such longer period as the Board specifies in the order.

  • Marginal note:Exception

    (2) No order may be made under subsection (1) with respect to any interest owner who has completed a well on the relevant portion of the offshore area within six months after the completion of that well.

  • Marginal note:Condition

    (3) No order may be made under subsection (1) within the three years immediately following the well termination date of the well indicating the relevant significant discovery.

  • Marginal note:Idem

    (4) No order made under subsection (1) may require an interest owner to drill more than one well at a time on the relevant portion of the offshore area.

  • Definition of well termination date

    (5) For the purposes of subsection (3), well termination date means the date on which a well has been abandoned, completed or suspended in accordance with any applicable drilling regulations.

  • 1988, c. 28, s. 79
  • 2015, c. 4, s. 78

Marginal note:Information may be disclosed

  •  (1) The Board may, notwithstanding section 122, provide information or documentation relating to a significant discovery to any interest owner who requires such information or documentation to assist the interest owner in complying with an order made under subsection 79(1).

  • Marginal note:Idem

    (2) An interest owner shall not disclose any information or documentation provided to that interest owner under subsection (1) except to the extent necessary to enable the interest owner to comply with an order made under subsection 79(1).

DIVISION IVProduction

Commercial Discoveries

Marginal note:Application for declaration of commercial discovery

  •  (1) Subject to section 127, where a commercial discovery has been made on any portion of the offshore area that is subject to an interest or a share therein held in accordance with section 69, the Board shall, on the application of the interest holder of the interest or the share made in the form and manner and containing such information as may be prescribed, make a written declaration of commercial discovery in relation to those portions of the offshore area in respect of which there are reasonable grounds to believe that the commercial discovery may extend.

  • Marginal note:Declaration on initiative of Board

    (2) Subject to section 127, where a commercial discovery has been made on any portion of the offshore area, the Board may, by order, make a declaration of commercial discovery in relation to those portions of the offshore area in respect of which there are reasonable grounds to believe that the commercial discovery may extend.

  • Marginal note:Application of certain provisions

    (3) Subsections 74(3), (4) and (6) apply, with such modifications as the circumstances require, with respect to a declaration made pursuant to subsection (1) or (2).

Development Orders

Marginal note:Notice of order to reduce term of interest

  •  (1) Subject to sections 32 to 37, the Board may, at any time after making a declaration of commercial discovery, give notice to the interest owner of any interest in relation to any portion of the commercial discovery area where commercial production of petroleum has not commenced before that time stating that, after such period of not less than six months as may be specified in the notice, an order may be made reducing the term of that interest.

  • Marginal note:Opportunity for submissions

    (2) During the period specified in a notice sent to an interest owner under subsection (1), the Board shall provide a reasonable opportunity for the interest owner to make such submissions as the interest owner considers relevant to determining whether the Board should make an order reducing the term of the relevant interest.

  • Marginal note:Order reducing term of interest

    (3) Notwithstanding any other provision of this Act but subject to sections 32 to 37, where the Board is of the opinion that it is in the public interest, the Board may, at any time not later than six months after the expiration of the period specified in a notice in respect of an interest sent under subsection (1), by order subject to section 127, reduce the term of the interest to three years after the date the order is made or such longer period as may be specified in the order.

  • Marginal note:All interests cease

    (4) Notwithstanding any other provision of this Act but subject to subsections (5) and (6), where an order is made under subsection (3), any interest in respect of a portion of the offshore area within the area to which the interest that is the subject of the order applied on the date the order was made ceases to have effect at the end of the period specified in the order.

  • Marginal note:Order ceases to have effect where production commences

    (5) Where commercial production of petroleum on any portion of the offshore area referred to in subsection (4) commences before the expiration of the period specified in an order made under subsection (3) or the period extended pursuant to subsection (6), the order ceases to have effect and is deemed to have been vacated.

  • Marginal note:Extension of period

    (6) Subject to sections 32 to 37, the Board may extend the period specified in an order made under subsection (3) or may revoke the order.

Issuance of Production Licences

Marginal note:Rights under production licence

  •  (1) A production licence confers, with respect to the portions of the offshore area to which the licence applies,

    • (a) the right to explore for, and the exclusive right to drill and test for, petroleum;

    • (b) the exclusive right to develop those portions of the offshore area in order to produce petroleum;

    • (c) the exclusive right to produce petroleum from those portions of the offshore area; and

    • (d) title to the petroleum so produced.

  • Marginal note:Exception

    (2) Notwithstanding subsection (1), the Board may, subject to such terms and conditions as the Board deems appropriate, authorize any interest holder of an interest or a share therein to produce petroleum on the portions of the offshore area subject to the interest or share for use in the exploration or drilling for or development of petroleum on any portion of the offshore area.

Marginal note:Issuance of production licence

  •  (1) Subject to section 90, the Board, on application made in the form and manner and containing such information as may be prescribed,

    • (a) shall issue a production licence to one interest owner, in respect of any one commercial discovery area or portion thereof that is subject to an exploration licence or a significant discovery licence held by that interest owner; and

    • (b) may, subject to such terms and conditions as may be agreed on by the Board and the relevant interest owners and to sections 32 to 37, issue a production licence to

      • (i) one interest owner, in respect of two or more commercial discovery areas or portions thereof that are subject to an exploration licence or a significant discovery licence held by that interest owner, or

      • (ii) two or more interest owners, in respect of one or more commercial discovery areas or portions thereof that are subject to an exploration licence or a significant discovery licence held by any of those interest owners.

  • Marginal note:Production licence in relation to Crown reserve areas

    (2) Where a declaration of commercial discovery is in force and the commercial discovery area extends to a Crown reserve area, the Board may, after making a call for bids in relation to that Crown reserve area or any portion thereof and selecting a bid submitted in response to the call in accordance with subsection 62(1), issue a production licence to the person who submitted that bid in relation to the Crown reserve area specified in the call.

  • Marginal note:Fundamental decision

    (3) The making of a call for bids and the issuance of a production licence by the Board pursuant to subsection (2) is subject to sections 32 to 37.

  • Marginal note:Terms and conditions of production licence

    (4) A production licence shall be in the form prescribed and may contain any terms and conditions, not inconsistent with this Part or the regulations, as may be agreed on by the Board, subject to sections 32 to 37, and the interest owner of the production licence.

  • 1988, c. 28, s. 84
  • 1993, c. 47, s. 13

Marginal note:Consolidation of production licences

 Subject to sections 32 to 37, the Board may, on the application of the interest owners of two or more production licences, consolidate those production licences into a single production licence, on such terms and conditions as may be agreed on by the Board and those interest owners.

Marginal note:Reduction of area subject to production licence

  •  (1) Where a commercial discovery area in relation to a declaration of commercial discovery is decreased pursuant to an amendment made under subsections 74(4) and 81(3), any production licence that was issued on the basis of that declaration shall be amended by decreasing accordingly the portions of the offshore area subject to that licence.

  • Marginal note:Increase in area subject to production licence

    (2) Where a commercial discovery area in relation to a declaration of commercial discovery is increased pursuant to an amendment made under subsections 74(4) and 81(3), any production licence that was issued on the basis of that declaration shall be amended to include all portions of the amended commercial discovery area that are subject to an exploration licence or a significant discovery licence held by the interest owner of that production licence at the time the commercial discovery area is so increased.

Marginal note:Term of production licence

  •  (1) Subject to subsections (2) to (4), a production licence is effective from the date it is issued and shall be issued for a term of twenty-five years.

  • Marginal note:Idem

    (2) Where a declaration of commercial discovery on the basis of which a production licence was issued is, pursuant to subsections 74(4) and 81(3), revoked or amended to exclude all portions of the commercial discovery area in relation to which the production licence was issued, the production licence ceases to be in force.

  • Marginal note:Automatic extension of term

    (3) Where, on the expiration of the term of a production licence, petroleum is being produced commercially, the term is extended for such period thereafter during which commercial production of petroleum continues.

  • Marginal note:Discretionary extension of term

    (4) Subject to sections 32 to 37, the Board may, by order, on such terms and conditions as may be specified in the order, extend the term of a production licence where

    • (a) commercial production of petroleum from the portions of the offshore area subject to the licence ceases before or on the expiration of the twenty-five year term of the production licence and the Board has reasonable grounds to believe that commercial production from such portions of the offshore area will recommence; or

    • (b) the Board has reasonable grounds to believe that commercial production of petroleum from such portions of the offshore area will, at any time before or after the expiration of the term of the licence, cease during any period and thereafter recommence.

Marginal note:Lapsing of other interests

  •  (1) On the issuance of a production licence, any interest in relation to the portions of the offshore area in respect of which the production licence is issued held immediately prior to the issuance of the production licence ceases to have effect in relation to such portions of the offshore area, but otherwise continues to have effect according to its terms and the provisions of this Act.

  • Marginal note:Areas become Crown reserve areas on expiration of term

    (2) On the expiration of a production licence, the portions of the offshore area in relation to which the production licence was issued become Crown reserve areas.

Subsurface Storage Licences

Marginal note:Licence for subsurface storage

  •  (1) Subject to sections 32 to 37, the Board may, subject to any terms and conditions the Board considers appropriate, issue a licence for the purpose of subsurface storage of petroleum or any other substance approved by the Board in portions of the offshore area at depths greater than twenty metres.

  • Marginal note:Prohibition

    (2) No portion of the offshore area shall be used for a purpose referred to in subsection (1) without a licence referred to therein.

Qualification for Production Licence

Marginal note:Qualification for production licence

 No production licence or share in a production licence may be held by any person other than a corporation incorporated in Canada.

  • 1988, c. 28, s. 90
  • 1993, c. 47, s. 14

DIVISION V[Repealed, 1993, c. 47, s. 15]

DIVISION VIRoyalties

Reservation of Royalties

Marginal note:Royalties reserved

  •  (1) 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 (3), the royalties, interest and penalties that would be payable in respect of petroleum under the Offshore Petroleum Royalty Act if the petroleum were produced from Nova Scotia lands within the meaning of the Provincial Act.

  • Marginal note:Exception

    (2) Notwithstanding subsection (1), where petroleum is subject to a royalty under the Offshore Petroleum Royalty Act, that petroleum is not subject to a royalty under subsection (1).

  • Marginal note:Application of Nova Scotia legislation

    (3) Subject to this Act and the regulations, the Offshore Petroleum Royalty 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;

    • (b) a reference in that Act to the Province of Nova Scotia or the Province or Nova Scotia lands shall be deemed to be a reference to the offshore area; and

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

  • Marginal note:Remedies for unpaid royalties

    (4) Notwithstanding any other provision of this Act, but subject to subsection (5), for the purposes of this section, where a person is in default in accordance with the Offshore Petroleum Royalty Act and any regulations made thereunder in the payment of any amount payable under this section in respect of any interest issued in relation to any portion of the offshore area, the Provincial Minister may, for so long as the amount remains unpaid, direct the Board to

    • (a) refuse to issue to that person any interest in relation to any portion of the offshore area;

    • (b) refuse to authorize, pursuant to Part III, that person to carry on any work or activity related to the exploration for or the production of petroleum on any portion of the offshore area and may suspend any such authorization already given; and

    • (c) exercise the powers under subsections 126(1) and (2).

  • Marginal note:Idem

    (5) Notwithstanding any other provision of this Act, a decision of the Board made in accordance with a direction of the Provincial Minister pursuant to subsection (4) is not a fundamental decision.

  • Marginal note:No remedy pending appeals

    (6) No remedy may be exercised pursuant to subsection (4) in respect of a default in payment of an amount pending any assessment, reassessment, appeal or review in respect of that default under the Offshore Petroleum Royalty Act and any regulations made thereunder or otherwise provided by law.

  • Marginal note:No Crown share

    (7) No provision of this Act or the Provincial 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.

  • 1988, c. 28, s. 99
  • 2015, c. 4, s. 79(F)
 
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