BILL NO. 166
(as introduced)
1st Session, 60th General Assembly
Nova Scotia
56 Elizabeth II, 2007
Undersea Coal Mines Regulation Act
The Honourable Mark Parent
Minister of Environment and Labour
First Reading: March 29, 2007
Second Reading: April 3, 2007
Third Reading: April 12, 2007 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)
An Act to Facilitate the Effective
Regulation of Undersea Coal Mines
in the Province
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Undersea Coal Mines Regulation Act.
2 With the approval of the Governor in Council, a member of the Executive Council may enter into an agreement with the Government of Canada or any of its agencies, boards or commissions respecting
(a) the exploration, development, operation and abandonment of a coal mine wholly or partly located below the low-water mark in an area of the Province covered by seawater;
(b) the delegation to or accepting the delegation from a federal public body or official of a duty, power or authority contained in an enactment of the Province or Canada; and
(c) the payment of mineral and petroleum royalties to the Province,
and the agreement has the same force and effect as if enacted by the Legislature and any board, agency or person referred to in the agreement may do all things necessary to implement the agreement.
3 This Act, or any agreement made pursuant to this Act, shall not be construed as providing a basis for any claim by or on behalf of the Government of Canada in respect of any entitlement to or legislative jurisdiction over land or resources in areas of the Province covered by seawater.
4 (1) The Governor in Council may make regulations
(a) respecting royalty payments;
(b) defining any word or expression used but not defined in this Act;
(c) deemed necessary by the Governor in Council to carry out effectively the intent and purpose of this Act.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.
5 Section 2 of Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act, as amended by Chapter 16 of the Acts of 1993, is further amended by
(a) adding immediately after clause (e) the following clause:
(b) striking out clause (m) and substituting the following clause:
6 Chapter 214 of the Revised Statutes, 1989, the Human Rights Act, is amended by adding immediately after Section 42 the following Section:
(a) the Canadian Human Rights Act as amended from time to time applies; and
(b) except for this Section, this Act does not apply,
in respect of those matters or entities.
(2) Notwithstanding any enactment, a body or public officer provided for under the Canadian Human Rights Act and a court, public body or officer empowered by an Act of the Parliament of Canada with respect to the oversight or enforcement of federal regulatory enactments, has jurisdiction and authority for the purpose of this Section.
(3) Subsection 33(1) of Chapter 7 is amended by adding "or at a subsea coal mine where so prescribed by the regulations" immediately after "more" in the third line.
(4) Section 67 of Chapter 7 is amended by adding immediately after subsection (1) the following subsection:
(6) Section 78 of Chapter 7 is amended by adding ", a committee, a member of a committee, a representative" immediately after "officer" in the second line.
(7) Subsection 82(2) of Chapter 7 is repealed and the following subsections substituted:
(a) requiring the establishment of a committee at a workplace where fewer than twenty persons are employed;
(b) prescribing additional functions of a committee;
(c) prescribing additional requirements for the provision of resources or information to a committee;
(d) requiring the filing or approval of drawings, layouts, specifications, plans, procedures, methods, machinery and equipment;
(e) providing that a matter that is being appealed must be appealed directly to an appeal panel instead of the director; and
(f) prescribing charges to recover the cost of services pursuant to this Act and fees in relation to matters referred to in clause (d).
(3) The exercise by the Governor in Council of the authority contained in subsections (1) and (2) is regulations within the meaning of the Regulations Act.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2007 Crown in right of Nova Scotia. Created April 18, 2007. Send comments to legc.office@novascotia.ca.
