Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act

An Act to implement an agreement between the Government of Canada and the Government of Newfoundland and Labrador on offshore petroleum resource management and revenue sharing, to provide for the joint management of offshore renewable energy by those Governments and to make related and consequential amendments

Canada (Federal)· C-7.5· 2,892 sections· current to 2025-06-02In force

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Policy areas

Natural Resources & Energy Finance & Taxation Environment & Climate

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Sections3,991

1Short title
This Act may be cited as the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act.
2Definitions
In this Act,
2[p2]
abandoned facility means any pipeline, as defined in section 135, installation, facility, equipment or system that has been abandoned in accordance with an authorization issued under Part III; (installation abandonnée)
2[p3]
Atlantic Accord means the Memorandum of Agreement between the Government of Canada and the Government of the Province on offshore petroleum resource management and revenue sharing dated February 11, 1985, and includes any amendments thereto; (Accord atlantique)
2[p4]Repealed
Board[Repealed, 2024, c. 20, s. 3]
2[p5]
Canada–Newfoundland and Labrador benefits plan means a plan submitted under subsection 45(2); (plan de retombées économiques)
2[p6]Repealed
Canada-Newfoundland benefits plan[Repealed, 2014, c. 13, s. 4]
2[p7]
Chief Executive Officer means the Chief Executive Officer of the Regulator appointed pursuant to section 24; (premier dirigeant)
2[p8]
development plan means a plan submitted pursuant to subsection 139(2) for the purpose of obtaining approval of the general approach of developing a pool or field as proposed in the plan; (plan de mise en valeur)
2[p9]
Federal Government means the Governor in Council; (gouvernement fédéral)
2[p10]
Federal Minister means the Minister of Natural Resources; (ministre fédéral)
2[p10](a)
2[p11]
field
2[p10](b)
2[p11](a)
means a general surface area underlain or appearing to be underlain by one or more pools, and
2[p11](b)
includes the subsurface regions vertically beneath the general surface area referred to in paragraph (a); (champ)
2[p13]
2[p14]
former regulations means the Canada Oil and Gas Land Regulations made pursuant to the Public Lands Grants Act and the Territorial Lands Act and includes orders made pursuant to those Regulations; (anciens règlements)
2[p15]
fundamental decision means a decision made by the Regulator respecting the exercise of a power or the performance of a duty pursuant to a provision of this Act that expressly provides for the exercise of the power or the performance of the duty subject to sections 31 to 40; (décision majeure)
2[p16]
gas means natural gas and includes all substances, other than oil, that are produced in association with natural gas; (gaz)
2[p17]
government means the Federal Government, the Provincial Government or both, as the context requires; (Version anglaise seulement)
2[p18]
Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982; (peuples autochtones du Canada)
2[p18](a)
2[p19]
Minister means the Federal Minister, the Provincial Minister or both, as the context requires; (Version anglaise seulement)
2[p18](b)
2[p20]
offshore area means
2[p20](a)
in the case of petroleum, those submarine areas lying seaward of the low water mark of the Province and extending, at any location, as far as
2[p21]
2[p20](a)(i)
any prescribed line, or
2[p21](a)
2[p20](a)(ii)
if no line is prescribed at that location, the outer edge of the continental margin or a distance of two hundred nautical miles from the baselines from which the breadth of the territorial sea of Canada is measured, whichever is the greater, and
2[p21](b)
2[p20](b)
in the case of offshore renewable energy, the areas referred to in paragraph (a) that are not within the Province; (zone extracôtière ou zone)
2[p24]
2[p25]
offshore renewable energy project means any of the following works and activities:
2[p25](a)
any research or assessment conducted in relation to the exploitation or potential exploitation of a renewable resource to produce an energy product, unless it is conducted by or on behalf of a government or educational institution,
2[p26]
2[p25](b)
any exploitation of a renewable resource to produce an energy product,
2[p27]
2[p25](c)
any storage of an energy product produced from a renewable resource, and
2[p28]
2[p25](d)
any transmission of an energy product produced from a renewable resource; (projet d’énergie renouvelable extracôtière)
2[p29]
2[p30]
offshore renewable energy recommendation means a recommendation made by the Regulator respecting the exercise of a power or the performance of a duty under a provision of this Act that expressly provides for the exercise of the power or the performance of the duty subject to sections 40.1 to 40.3; (recommandation relative à l’énergie renouvelable extracôtière)
2[p31]
oil means
2[p31](a)
crude oil regardless of gravity produced at a well head in liquid form, and
2[p31](b)
any other hydrocarbons, except coal and gas, and, without limiting the generality of the foregoing, hydrocarbons that may be extracted or recovered from deposits of oil sand, bitumen, bituminous sand, oil shale or from any other types of deposits on the seabed or subsoil thereof of the offshore area; (pétrole)
2[p34]
petroleum means oil or gas; (hydrocarbures)
2[p35]
pool means a natural underground reservoir containing or appearing to contain an accumulation of petroleum that is separated or appears to be separated from any other such accumulation; (gisement)
2[p36]
prescribed means prescribed by regulations made by the Governor in Council; (Version anglaise seulement)
2[p37]
Province means the province of Newfoundland and Labrador; (province)
2[p38]
Provincial Act means the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, R.S.N.L. 1990, c. C-2, as amended from time to time; (loi provinciale)
2[p39]
Provincial Government means the lieutenant governor in council of the Province; (gouvernement provincial)
2[p40]
Provincial Minister means, other than for the purposes of Part III.1, the Minister of the Crown in right of the Province designated by the Provincial Government as the provincial minister for the purposes of this Act; (ministre provincial)
2[p41]
Regulator means the Canada–Newfoundland and Labrador Offshore Energy Regulator referred to in section 9; (Régie)
2[p42]
spill-treating agent, except in section 161.5, means a spill-treating agent that is on the list established under section 14.2 of the Canada Oil and Gas Operations Act. (agent de traitement)
6(1)[p42]
2.1Offshore renewable energy project
Subject to section 7, the Governor in Council may make regulations amending the definition offshore renewable energy project, as defined in section 2, to add or remove any work or activity related to renewable energy that is carried out in the offshore area.
6(1)[p43]
3Construction
For greater certainty, the provisions of this Act shall not be interpreted as providing a basis for any claim by or on behalf of any province in respect of any interest in or legislative jurisdiction over any offshore area or any living or non-living resources of any offshore area.
6(1)[p43](a)
4Precedence over other Acts of Parliament
In case of any inconsistency or conflict between this Act and the regulations made thereunder take precedence.
6(1)[p43](b)
4(a)
this Act or any regulations made thereunder, and
4(b)
any other Act of Parliament that applies to the offshore area or any regulations made under that Act, except the Labrador Inuit Land Claims Agreement Act,
5Regulations
5(1)
Subject to section 7, the Governor in Council may make regulations
5(1)(a)
prescribing lines enclosing areas adjacent to the Province for the purpose of subparagraph (a)(i) of the definition offshore area in section 2; and
5(1)(b)
amending paragraph (b) of that definition.
5(2)Issue of charts
The Federal Minister may cause charts to be issued setting out the offshore area or any portion thereof as may be set out consistent with the nature and scale of the chart.
5(3)Evidence
In any legal or other proceedings, a chart purporting to be issued by or under the authority of the Federal Minister is conclusive proof of the limits of the offshore area or portion thereof set out in the chart without proof of the signature or official character of the person purporting to have issued the chart.
6Definitions
6(1)
In this section,
6(1)[p56]
agreement means an agreement between the Government of Canada and the government of a province respecting resource management and revenue sharing in relation to activities respecting the exploration for or the production of petroleum, or respecting offshore renewable energy projects, carried out on any frontier lands; (accord)
6(1)[p57]
frontier lands means lands that belong to Her Majesty in right of Canada, or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources and that are situated in
6(1)[p57](a)
Yukon, the Northwest Territories, Nunavut or Sable Island, or
6(1)[p57](b)
those submarine areas, not within a province, adjacent to the coast of Canada and extending throughout the natural prolongation of the land territory of Canada to the outer edge of the continental margin or to a distance of two hundred nautical miles from the baselines from which the breadth of the territorial sea of Canada is measured, whichever is the greater. (terres domaniales)
6(2)Disputes between neighbouring provinces
Where a dispute between the Province and any other province that is a party to an agreement arises in relation to a line or portion thereof prescribed or to be prescribed for the purpose of the definition offshore area in section 2 and the Government of Canada is unable, by means of negotiation, to bring about a resolution of the dispute within a reasonable time, the dispute shall, at such time as the Federal Minister deems appropriate, be referred to an impartial person, tribunal or body and settled by means of the procedure determined in accordance with subsection (3).
6(3)Procedures determined by Federal Minister
For the purposes of this section, the person, tribunal or body to which a dispute is to be referred, the constitution and membership of any tribunal or body and the procedures for the settlement of a dispute shall be determined by the Federal Minister after consultation with the provinces concerned in the dispute.
6(4)Principles of international law to apply
Where the procedure for the settlement of a dispute pursuant to this section involves arbitration, the arbitrator shall apply the principles of international law governing maritime boundary delimitation, with such modifications as the circumstances require.
6(5)Approval of Provincial Minister not required before regulation made
Notwithstanding section 7, where a dispute is settled pursuant to this section and a regulation under subsection 5(1) prescribing the line in relation to which the dispute arose is made in accordance with the settlement, the regulation is not subject to the procedure set out in section 7 with respect to the portion of the line to which the dispute related.
7Provincial Minister’s approval
7(1)
Before a regulation is made under section 2.1, subsection 5(1), section 29.1, subsection 41(7), section 56.1 or section 64, subsection 67(2), section 96.1, subsection 96.2(2), section 118, subsection 122(1), 125(1), 149(1), 162(2.3), 163(1.02), 183.19(6) or 183.25(1), section 183.29, subsection 183.3(3) or 202.01(1) or section 203, the Federal Minister shall consult the Provincial Minister with respect to the proposed regulation and the regulation shall not be made without the Provincial Minister’s approval.
7(2)Approval of Provincial minister
Before a regulation is made under subsection 205.001(3) or (4) or 205.124(1), the Federal Minister shall consult the minister of the government of the Province who is responsible for occupational health and safety with respect to the proposed regulation and no regulation shall be so made without the approval of that minister.
7.1Non-application of Atlantic Accord
For greater certainty, the Atlantic Accord does not apply to offshore renewable energy resources.
8Application
8(1)
This Act applies within the offshore area.
8(2)Excluded legislation
Subject to section 101, the Canada Petroleum Resources Act and the Canada Oil and Gas Operations Act and Part 5 of the Canadian Energy Regulator Act and any regulations made under them do not apply within the offshore area.
9Jointly established Regulator
9(1)
There is established by the joint operation of this Act and the Provincial Act a board to be known as the Canada–Newfoundland and Labrador Offshore Energy Regulator.
11(2)[p73]
9(1.1)Repealed
[Repealed, 2024, c. 20, s. 10]
11(2)[p74]
9(1.2)References
A reference in any contract, document, instrument, proclamation, by-law or order in council to the Canada-Newfoundland Offshore Petroleum Board or the Canada–Newfoundland and Labrador Offshore Petroleum Board is, unless the context otherwise requires, to be read as a reference to the Canada–Newfoundland and Labrador Offshore Energy Regulator.
9(2)Treated as Provincial entity
Subject to subsections (3) and (4), the Regulator shall for all purposes be treated as having been established by or under a law of the Province.
9(3)Powers of corporation
The Regulator has the legal powers and capacities of a corporation incorporated under the Canada Business Corporations Act, including those set out in section 21 of the Interpretation Act.
9(4)Dissolution of Regulator
The Regulator may be dissolved only by the joint operation of an Act of Parliament and an Act of the Legislature of the Province.
10Regulator consisting of seven members
10(1)
The Regulator shall consist of seven members.
10(2)Federal and Provincial appointees
Three members of the Regulator are to be appointed by the Federal Government, three by the Provincial Government and the Chairperson of the Regulator is to be appointed by both the Federal Government and the Provincial Government.
10(3)Vice-chairpersons
One or two members of the Regulator may be designated to be vice-chairpersons of the Regulator if they are so designated by both the Federal Government and the Provincial Government.
10(4)Designation by both governments
The designation of a vice-chairperson of the Regulator pursuant to subsection (3) is effective after both governments have each made the designation.
10(5)Alternate members
Each government may appoint one alternate member to act as a member of the Regulator in the absence of any of the members of the Regulator appointed by that government.
10(6)Joint appointees
Notwithstanding subsection (2) or (5), any member or alternate member of the Regulator may be appointed by both the Federal Government and the Provincial Government.
11Qualifications
11(1)
No member of the Regulator shall, during the term of office of that member on the Regulator, be employed in the Public Service of Canada or be a civil servant in the Province.
11(2)Definitions
In this section,
11(2)[p88]
civil servant has the same meaning as in the Provincial Act; (fonctionnaire)
11(2)[p89]
Public Service of Canada has the meaning given the expression public service in the Federal Public Sector Labour Relations Act, and includes any portion of the federal public administration designated by order in council pursuant to this subsection and for the purposes of subsection (1) as part of the Public Service of Canada. (administration fédérale)
12Deemed consultation between governments re Chairperson
12(1)
Consultation between the two governments with respect to the selection of the Chairperson of the Regulator shall be deemed to commence whichever occurs earlier.
12(1)(a)
six months prior to the expiration of the term of office of the incumbent Chairperson, or
12(1)(b)
where applicable, on the date of receipt by the Regulator of notice of the death, resignation or termination of appointment of the incumbent Chairperson,
12(2)Where no agreement on Chairperson
Where the two governments fail to agree on the appointment of the Chairperson of the Regulator within three months after the commencement of consultation between the governments, the Chairperson shall be selected by a panel, consisting of three members and constituted in accordance with this section, unless, at any time prior to the selection of the Chairperson by the panel, the two governments agree on the appointment.
12(3)Appointment of members of panel
One member of the panel shall be appointed by each government within thirty days after the expiration of the three months referred to in subsection (2).
12(4)Chairperson of panel
The chairperson of the panel shall be appointed
12(4)(a)
jointly by the two members of the panel appointed pursuant to subsection (3) within thirty days after the later of the two appointments made pursuant to that subsection; or
12(4)(b)
if the two members of the panel fail to agree on the appointment of the chairperson of the panel within the 30-day period referred to in paragraph (a), by the Chief Justice of Newfoundland and Labrador within 30 days after the expiration of that period.
12(5)Selection of Chairperson of Regulator within 60 days
The Chairperson of the Regulator shall be selected by the panel within 60 days after the appointment of the chairperson of the panel.
12(6)Decision of panel binding
The decision of the panel selecting a Chairperson of the Regulator is final and binding on both governments.
13Salaries of joint appointees
13(1)
Subject to section 15, the salary and other terms and conditions of the appointment of the Chairperson of the Regulator or any other member or alternate member appointed by both governments, including the effective date of the appointment, shall be fixed by an order of the Federal Government and an order of the Provincial Government after agreement has been reached by both governments on the salary and other terms and conditions.
13(2)Salaries of separate appointees
The salary and other terms and conditions of the appointment of any member appointed by either the Federal Government or the Provincial Government shall be agreed on by both governments.
14Absence or incapacity of Chairperson
The Regulator shall designate a member to act as Chairperson of the Regulator during any absence or incapacity of the Chairperson or vacancy in the office of Chairperson, and that person, while acting as Chairperson, has and may exercise all of the powers and perform all of the duties and functions of the Chairperson.
15
15(1)Repealed
[Repealed, 2024, c. 20, s. 11]
15(2)Repealed
[Repealed, 2024, c. 20, s. 11]
15(3)Terms of office
The Chairperson and members of the Regulator shall be appointed for terms of six years.
15(4)Good behaviour
A member of the Regulator, including the Chairperson, shall hold office during good behaviour, but may be removed for cause
15(4)(a)
where the member is appointed by either government, by that government; or
15(4)(b)
where the member is appointed by both governments, by both governments.
15(5)Re-appointment
On the expiration of a term of office, the Chairperson or a member of the Regulator is eligible for re-appointment for one or more further terms.
16Conflict of interest guidelines
16(1)
Members of the Regulator, including the Chairperson, and the Chief Executive Officer appointed pursuant to section 24 shall be subject to conflict of interest guidelines established jointly by the Federal Minister and Provincial Minister and are not subject to any conflict of interest guidelines established by the Federal Government.
16(2)Insurance
The Regulator shall purchase and maintain insurance for the benefit of a person who is a present or former member, officer or employee of the Regulator, and the heirs or legal representatives of that person, against any liability incurred by that person in the capacity as such a member, officer or employee, except where the liability relates to a failure to act honestly and in good faith with regard to the best interests of the Regulator.
16(3)Expenditures for insurance
For greater certainty, the expenditures of the Regulator associated with purchasing and maintaining the insurance referred to in subsection (2) shall form part of the budget or revised budget of the Regulator in respect of a fiscal year.
16(4)Power to indemnify
Notwithstanding subsection (2), where the Regulator has established to the satisfaction of the Federal Minister the impossibility of purchasing and maintaining the insurance referred to in subsection (2), the Government of Canada shall, subject to subsection (6), indemnify a person who is a present or former member, officer or employee of the Regulator, or the heirs or legal representatives of that person, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred in respect of any civil, criminal or administrative action or proceeding to which that person is a party by reason of being or having been such a member, officer or employee, if that person
16(4)(a)
acted honestly and in good faith with a view to the best interests of the Regulator; and
16(4)(b)
in the case of any criminal or administrative action or proceeding that is enforced by a monetary penalty, believed, on reasonable grounds, that the conduct in issue was lawful.
16(5)Additional Coverage
Where the Regulator has purchased and maintained insurance referred to in subsection (2), the Government of Canada shall indemnify a person referred to in that subsection, or the heirs or legal representatives of that person, for any liability incurred by that person in accordance with this section to the extent that the insurance purchased for the benefit of that person does not cover such liability.
16(6)Amount to settle an action
The Government of Canada is not obliged to indemnify anyone pursuant to subsection (4) against an amount paid to settle an action unless the amount so paid was approved by the Government of Canada.
16(7)Both governments share costs of indemnification
Where the Government of the Province has indemnified a person referred to in subsection (4), or the heirs or legal representatives of that person, pursuant to section 16 of the Provincial Act, the Government of Canada may pay to the Government of the Province one-half of the amount so indemnified.
16(8)Payable out of Consolidated Revenue Fund
Any amount payable in respect of indemnification under this section may be paid out of the Consolidated Revenue Fund.
17Functions of Regulator
17(1)
The Regulator shall perform such duties and functions as are conferred or imposed on the Regulator by or pursuant to the Atlantic Accord or this Act.
17(2)Proposed amendments
The Regulator may make recommendations to both governments with respect to proposed amendments to this Act, the Provincial Act and any regulations made under those Acts.
17.1Consultation with Indigenous peoples of Canada
His Majesty in right of Canada or in right of the Province may rely on the Regulator for the purposes of consulting with the Indigenous peoples of Canada respecting any potential adverse impact of a work or activity in the offshore area on existing Aboriginal and treaty rights recognized and affirmed by section 35 of the Constitution Act, 1982 and the Regulator may, on behalf of His Majesty, if appropriate, accommodate any adverse impacts on those rights.
18Access to information
18(1)
The Federal Minister and the Provincial Minister are entitled to access to any information or documentation relating to petroleum resource and renewable energy activities in the offshore area that is provided for the purposes of this Act or any regulation made under it and such information or documentation shall, on the request of either Minister, be disclosed to that Minister without requiring the consent of the party who provided the information or documentation.
18(2)Applicable provision
Section 119 applies, with such modifications as the circumstances require, in respect of any disclosure of information or documentation or the production or giving of evidence relating thereto by a Minister as if the references in that section to the administration or enforcement of a Part of this Act included references to the administration or enforcement of the Provincial Act or any Part thereof.
19Meetings of Regulator
A meeting of the Regulator shall be held
19(a)
once every month unless the members of the Regulator unanimously agree to defer such a meeting; and
19(b)
at any other time
19(b)(i)
at the call of the Chairperson of the Regulator,
19(b)(ii)
on the request of any two members of the Regulator, or
19(b)(iii)
on the request of the Federal Minister or the Provincial Minister to review any matter referred to it by that Minister.
20Quorum
20(1)
Four members constitute a quorum of the Regulator.
20(2)Majority vote
Where, in the absence of unanimous agreement, a vote is required to be taken in respect of a decision of the Regulator, the decision shall be made on the basis of a majority vote of the members of the Regulator.
21Location of offices and staff
The principal office and staff of the Regulator shall be located in the Province.
22Storage of information
The Regulator shall establish, maintain and operate a facility in the Province for the storage and curatorship of
22(a)
all petroleum-related geophysical records and geological and hydrocarbon samples relating to the offshore area; and
22(b)
all geological, geophysical, geotechnical and environmental records and geological and geotechnical samples relating to offshore renewable energy.
23By-laws and guidelines
Subject to this Act and the Atlantic Accord, the Regulator may
23(a)
make by-laws respecting
23(a)(i)
the members, officers and employees of the Regulator,
23(a)(ii)
the attendance and participation, including voting rights, at meetings of the Regulator of alternate members of the Regulator appointed pursuant to subsection 10(5),
23(a)(iii)
the manner of appointing the officers and employees of the Regulator on the basis of selection according to merit, including the holding of open competitions therefor,
23(a)(iv)
the procedures to be followed in the performance of any of the duties and functions of the Regulator,
23(a)(v)
the conduct of meetings of the Regulator,
23(a)(vi)
the manner of dealing with matters and business before the Regulator, and
23(a)(vii)
generally, the carrying on of the work of the Regulator and the management of the internal affairs thereof; and
23(b)
establish conflict of interest guidelines respecting persons employed by the Regulator pursuant to subsection 25(1).
24Chief Executive Officer
24(1)
There shall be a Chief Executive Officer of the Regulator who
24(1)(a)
where both the Federal Government and the Provincial Government appoint the Chairperson as Chief Executive Officer, is the Chairperson of the Regulator; or
24(1)(b)
in any other case, is to be appointed by the Regulator by means of an open competition.
24(2)Approval required
The appointment of a Chief Executive Officer pursuant to paragraph (1)(b) is subject to the approval of both governments.
24(3)Panel to choose Chief Executive Officer in the absence of agreement
Where either government fails to make an appointment pursuant to paragraph (1)(a) or to approve the appointment of a Chief Executive Officer pursuant to paragraph (1)(b), the Chief Executive Officer shall be appointed by both the Federal Government and the Provincial Government after having been selected in accordance with section 12 and that section applies, with such modifications as the circumstances require, to the selection of the Chief Executive Officer.
24(4)Application of subsection 13(1)
Subsection 13(1) applies, with such modifications as the circumstances require, to the appointment of the Chief Executive Officer pursuant to paragraph (1)(a) or subsection (3).
24(5)Absence or incapacity of Chief Executive Officer
The Regulator shall designate a person to act as Chief Executive Officer during any absence or incapacity of that Officer or vacancy in the office of Chief Executive Officer and that person, while acting as Chief Executive Officer, has and may exercise all the powers and perform all of the duties and functions of that office.
25Staff of the Regulator
25(1)
The Regulator may, on the recommendation of the Chief Executive Officer, employ such other officers and such employees as are necessary to properly perform the duties and functions of the Regulator under this Act and the Atlantic Accord.
25(2)Method of selection
The appointment of every person employed pursuant to subsection (1) shall be based on selection according to merit.
25(3)Presumption
Except as provided in subsection (4), every person employed pursuant to subsection (1) is deemed not to be employed in the federal public administration or the public service of the Province.
25(4)Mobility of staff
For the purpose of being eligible for appointment to a position in the public service by an appointment process under the Public Service Employment Act,
25(4)(a)
any person who, immediately prior to being employed by the Regulator, was employed in the public service shall be deemed to be a person employed in the public service in the Department of Natural Resources in the location where that person is performing duties for the Regulator and in a position of an occupational nature and at a level equivalent to the position in which that person is employed by the Regulator; and
25(4)(b)
any person who, immediately prior to being employed by the Regulator, was not employed in the public service shall, two years after being employed by the Regulator, be deemed to be a person employed in the public service in the Department of Natural Resources in the location where that person is performing duties for the Regulator and in a position of an occupational nature and at a level equivalent to the position in which that person is employed by the Regulator.
25(4.1)Application of Newfoundland and Labrador legislation
Newfoundland and Labrador social legislation as defined in subsection 205.001(1), the provisions of the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time, and the provisions of the Occupational Health and Safety Act, R.S.N.L. 1990, c. O-3, as amended from time to time, and any regulations made under that legislation or those Acts, apply to persons employed under subsection (1).
25(4.2)Non-application of Canada Labour Code
Despite section 4 and subsections 123(1) and 168(1) of the Canada Labour Code, that Act does not apply to persons employed under subsection (1).
25(5)Definition of public service
In this section, public service has the same meaning as in the Federal Public Sector Labour Relations Act.
26Auditor
The Regulator shall appoint an auditor, for such term as is set by the Regulator, for the purposes of auditing the financial statements of the Regulator.
26.1Audit and evaluation committee
26.1(1)
The Regulator shall appoint an audit and evaluation committee consisting of not fewer than three members of the Regulator and fix the duties and functions of the committee and may, by by-law, provide for the payment of expenses to the members of the committee.
26.1(2)Internal audit
In addition to any other duties and functions that it is required to perform, the audit and evaluation committee shall cause internal audits to be conducted to ensure that the officers and employees of the Regulator act in accordance with management systems and controls established by the Regulator.
27Budget
27(1)
The Chief Executive Officer shall, in respect of each fiscal year, prepare a budget for the Regulator sufficient to permit the Regulator to properly exercise its powers and perform its duties and functions.
27(2)Submission to governments
Following approval of the budget by the Regulator, the budget shall be submitted to the Federal Minister and the Provincial Minister, at such time as may be specified by each Minister, for their consideration and approval.
27(3)Revised budget
Where it appears that the actual aggregate of the expenditures of the Regulator in respect of any fiscal year is likely to be substantially greater or less than that estimated in its budget in respect of that fiscal year, the Regulator shall submit to both Ministers for their consideration and approval a revised budget in respect of that fiscal year containing such particulars as may be requested by either Minister.
27(4)Payment of operating costs
Subject to subsection (4.1), the Government of Canada shall pay one-half of the aggregate of the expenditures set out in the budget or revised budget in respect of each fiscal year.