Assemblée Législative de la Nouvelle-Écosse

Les travaux de la Chambre ont repris le
21 septembre 2017

Projet de loi no 78

Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act (amended)*

An Act to Amend Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act

Déposé par :
L'honorable Charles Parker
Minister of Energy

Première lecture
Débats en deuxième lecture
Adoption en deuxième lecture
Comité des modifications des lois
    Date(s) de réunion 7 mai 2013
    Rapport à la Chambre
Comité plénier
Débats de la troisième lecture
Débats de la troisième lecture
Sanction royale
Prise d'effet 31 décembre 2014; except s. 23: December 3, 2014
2013 Statutes, Chapter 16

Note explicative (en anglais seulement)

Clause 1 updates the definition of “Minister”.

Clause 2 requires that the provincial ministers responsible for the management of offshore petroleum resources and occupational health and safety consult with the federal Minister of Energy, Mines and Resources before making regulations under the authority of certain provisions of the Act.

Clause 3 provides for the application of Nova Scotia social legislation, the Trade Union Act and the Occupational Health and Safety Act and the regulations made under that legislation or under those Acts, to employees of the Canada-Nova Scotia Offshore Petroleum Board, and provides for the non-application of the Canada Labour Code.

Clause 4 provides for the appointment of an audit and evaluation committee of the Board and requires that it cause internal audits to be conducted.

Clause 5 requires the Board’s annual report to contain an audited financial statement and a description of the Board’s activities, including those relating to occupational health and safety.

Clause 6 provides for the issuance of joint written directives regarding occupational health and safety and the issuance of written directives by either the provincial Minister or the federal Minister specifying the portion of the offshore area in a call for bids under Part II of the Act.

Clause 7 requires the Board to conclude memoranda of understanding regarding aviation regulation with the appropriate departments and agencies of the provincial and federal Governments.

Clause 8 adds a reference to Part IIIA of the Act, which governs occupational health and safety in the offshore sector, to a provision allowing the Board to issue a notice requiring compliance with requirements of certain Parts of the Act and the Offshore Petroleum Royalty Act, and regulations made under those Parts and that Act.

Clause 9

(a) requires the Board to provide to the Chief Safety Officer a copy of any application for an authorization for a work or activity proposed to be carried on or any application to amend such an authorization;

(b) requires that approvals, requirements and deposits not be inconsistent with the Act or regulations; and

(c) removes a reference to a provision being repealed by Clause 10.

Clause 10 repeals a provision that allows the Board to accept, in lieu of the declaration of an applicant required under subsection 136A(1), a declaration from the owner of equipment to be used in a work or activity that is the subject of an application for a licence or authorization.

Clause 11

(a) provides for the designation of a Chief Safety Officer and a Chief Conservation Officer and requires that the person designated as the Chief Safety Officer be neither the Chief Executive Officer of the Board nor the Chief Conservation Officer; and

(b) replaces a reference to “safety officer” with references to an “operational safety officer” and a “health and safety officer”.

Clause 12 clarifies that the regulations referred to in clauses 147(1)(a) and (b) are regulations made under Section 146.

Clause 13 repeals a provision governing the application of certain Nova Scotia statutes to offshore marine installation and structures.

Clause 14 adds a reference to the protection of “health”.

Clause 15

(a) allows the federal and provincial Ministers to jointly designate individuals recommended by the Board as operational safety officers or conservation officers and sets out the powers of operational safety officers, the Chief Safety Officer, conservation officers and the Chief Conservation Officer to conduct inspections and, in the cases of operational safety officers and the Chief Safety Officer, obtain an entry warrant;

(b) replaces the expression “safety officer” with “operational safety officer”;

(c) requires owners and persons in charge of places entered by an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer to give assistance to such officers;

(d) prohibits persons from obstructing such officers in their duties;

(e) provides for warrants of search and seizure that such officers may obtain; and

(f) provides for the removal, storage and, where a thing seized is perishable, disposition of things seized by such officers.

Clauses 16 and 17 update wording and replace references to “safety officer” with references to “operational safety officer”.

Clause 18 replaces a reference to “operator” with a reference to “person in charge”.

Clause 19

(a) deletes the word “knowingly” from clauses 191(1)(b) and (c);

(b) clarifies the nature of the approvals and requirements referred to in clause 191(1)(e);

(c) replaces a reference to “safety officer” in clause 191(1)(f) with a reference to “operational safety officer”; and

(d) provides a due diligence defence to persons charged with an offence under Part III.

Clause 20

(a) allows officers, directors, agents and other managerial and supervisory employees of a corporation found guilty of an offence under Part III of the Act to be found guilty of an offence themselves if the individual authorized or participated in the offence;

(b) precludes an individual being imprisoned for default of paying a fine for an offence under Part III if convicted of an offence prosecuted by way of summary conviction;

(c) allows a court to, in respect of a person convicted under Part III and in addition to any other punishment imposed on the person, make an order requiring the person to do certain things, and provides for the variation of such orders; and

(d) provides for the recovery of fines and other amounts a person convicted of an offence under Part III may be ordered to pay.

Clause 21 extends the limitation period for a summary conviction offence under Part III to three years or, where the prosecutor and defendant so agree, to a longer period.

Clause 22 governs the laying of and trial upon an information in proceedings under Part III.

Clause 23 incorporates an occupational health and safety regime in the Act.

Clause 24 allows the Chief Safety Officer to grant exemptions in respect of a workplace, or to an operator in respect of passengers being transported on a passenger craft to or from any of its workplaces, from any requirement in respect of equipment, methods, measures or standards is set out in regulations to be made in consequence of the amendments contained in this Bill.

Clause 25 provides that this Act comes into force on proclamation.