BILL NO. 135
(as introduced)
2nd Session, 62nd General Assembly
Nova Scotia
64 Elizabeth II, 2015
Canada-Nova Scotia Offshore Petroleum
Resources Accord Implementation (Nova Scotia) Act
(amended)
The Honourable Michel P. Samson
Minister of Energy
First Reading: November 26, 2015
Second Reading: November 27, 2015
Third Reading: December 8, 2015 (LINK TO BILL AS PASSED)
Explanatory Notes
Clause 4 repeals and replaces Section 134AA to mirror the amendment made to the federal Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act to provide that
(a) a joint notice may be issued by both the Nova Scotia and federal Ministers to prohibit the exploration and drilling for and the production, conservation and processing of petroleum on part or all of the area described in Schedule IV of the Act and the transportation of petroleum produced in that portion of the offshore area until December 31, 2022;
(b) an extension of the prohibition can be established jointly by both Ministers;
(c) each prohibition extension shall be for no longer than 10 years; and
(d) during the prohibition period, no person may engage in the prohibited activity on the area as set out in the notice.
Clause 5 repeals a spent Section.
Clauses 6 to 9 update the names of the courts.
Clause 10 repeals the Offshore Licensing Policy Act.
Clause 11 provides that some provisions of this Act come into force on proclamation.
An Act to Amend Chapter 3
of the Acts of 1987,
the Canada-Nova Scotia Offshore Petroleum
Resources Accord Implementation (Nova Scotia) Act,
and to Repeal Chapter 40
of the Acts of 2010,
the Offshore Licensing Policy Act
Be it enacted by the Governor and Assembly as follows:
1 Clause 40(1)(a) of Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act, is amended by striking out "necesssity" in the second line and substituting "necessity".
2 Clause 104(1)(b) of Chapter 3 is amended by striking out "Trial Division of the" in the first line.
3 Subsection 126(11) of Chapter 3 is amended by
(a) striking out "Trial Division of the" in the third line; and
(b) striking out "Trial Division" in the fifth line and substituting "Supreme Court".
4 Section 134AA of Chapter 3 is repealed and the following Section substituted:
(2) Upon review of the environmental and socio-economic impact of exploration and drilling activities in that portion of the offshore area described in Schedule IV and any other relevant factors, the Minister and the federal Minister may jointly issue one or successive written notices extending the prohibition period established pursuant to subsection (1) in all or any part of that portion of the offshore area described in Schedule IV.
(3) Each prohibition extension notice issued pursuant to subsection (2) shall be for a specified period of no more than ten years.
(4) No person shall for the duration of the prohibition period established pursuant to subsection (1) or (2) engage in the prohibited activities in the area described in Schedule IV or in any part of it that is specified in the joint prohibition notice issued pursuant to subsection (1) or the extension notice issued pursuant to subsection (2).
5 Section 134B of Chapter 3 is repealed.
6 (1) Subsection 145(1) of Chapter 3 is amended by striking out "Trial Division of the Supreme Court" in the third line and substituting "Supreme Court of Nova Scotia".
(2) Subsection 145(2) of Chapter 3 is amended by
(a) striking out "Trial Division of the Supreme Court" in the second and third lines and substituting "Supreme Court of Nova Scotia";
(b) striking out "Trial Division of the Supreme Court" in the sixth and seventh lines and substituting "Supreme Court of Nova Scotia"; and
(c) striking out "Trial Division of the" in the second last line.
(3) Subsection 145(3) of Chapter 3 is amended by striking out "Trial Division of the Supreme Court" in the second line and substituting "Supreme Court of Nova Scotia".
7 (1) Subsection 182(1) of Chapter 3 is amended by striking out "Appeal Division of the Supreme Court of Nova Scotia" in the third and fourth lines and substituting "Nova Scotia Court of Appeal".
(2) Subsection 182(2) of Chapter 3 is amended by striking out "Appeal Division" in the first line and substituting "Nova Scotia Court of Appeal".
8 Subsection 184(1) of Chapter 3 is amended by striking out "Trial Division of the" in the second line.
9 (1) Subsection 190(5) of Chapter 3, as enacted by Chapter 12 of the Acts of 1992, is amended by striking out "Trial Division of the Supreme Court" in the sixth line and substituting "Supreme Court of Nova Scotia".
(2) Subsection 190(6) of Chapter 3, as enacted by Chapter 12 of the Acts of 1992, is amended by striking out "Trial Division of the Supreme Court" in the first and second lines and substituting "Supreme Court of Nova Scotia".
(3) Subsection 190(7) of Chapter 3, as enacted by Chapter 12 of the Acts of 1992, is amended by striking out "Trial Division" in the second line and substituting "Supreme Court of Nova Scotia".
(4) Subsection 190(8) of Chapter 3, as enacted by Chapter 12 of the Acts of 1992, is amended by
(a) striking out "Trial Division" in the first line and substituting "Supreme Court of Nova Scotia"; and
(b) striking out "Trial Division" in the second line and substituting "Supreme Court".
(5) Subsection 190(9) of Chapter 3, as enacted by Chapter 12 of the Acts of 1992, is amended by
(a) striking out "Trial Division" in the fourth and fifth lines and substituting "Supreme Court of Nova Scotia";
(b) striking out "Trial Division" in the second line and substituting "Supreme Court".
10 Chapter 40 of the Acts of 2010, the Offshore Licensing Policy Act, is repealed.
11 Sections 4, 5 and 10 come into force on such day as the Governor in Council orders and declares by proclamation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2015 Crown in right of Nova Scotia. Created December 10, 2015. Send comments to legc.office@novascotia.ca.
