Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act

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Sections4,118

• 1Short title

  This Act may be cited as the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act.

• 2Definitions

  In this Act,

• 2[p2]

  abandoned facility means any pipeline, as defined in section 138, installation, facility, equipment or system that has been abandoned in accordance with an authorization issued under Part III; (installation abandonnée)

• 2[p3]

  Accord means the Canada-Nova Scotia Offshore Petroleum Resources Accord dated August 26, 1986 and entered into by the Government of Canada, as represented by the Prime Minister of Canada and the Federal Minister, and by the Government of Nova Scotia, as represented by the Premier of Nova Scotia and the Provincial Minister, and includes any amendments thereto; (Accord)

• 2[p4]

  Bay of Fundy means the submarine areas within the limits described in Schedule II; (Baie de Fundy)

• 2[p5]Repealed

  Board[Repealed, 2024, c. 20, s. 109]

• 2[p6]

  Canada-Nova Scotia benefits plan means a plan submitted pursuant to subsection 45(2); (plan de retombées économiques)

• 2[p7]Repealed

  Canadian ownership rate[Repealed, 1993, c. 47, s. 11]

• 2[p8]

  Chief Executive Officer means the Chief Executive Officer of the Regulator appointed pursuant to section 25; (premier dirigeant)

• 2[p9]

  development plan means a plan submitted pursuant to subsection 143(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[p10]

  Federal Government means the Governor in Council; (gouvernement fédéral)

• 2[p11]

  Federal Minister means the Minister of Natural Resources; (ministre fédéral)

• 2[p11](a)
• 2[p12]

  field

• 2[p11](b)
• 2[p12](a)

  means a general surface area underlain or appearing to be underlain by one or more pools, and

• 2[p12](b)

  includes the subsurface regions vertically beneath the general surface area referred to in paragraph (a); (champ)

• 2[p14]
• 2[p15]

  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[p16]

  frontier lands has the same meaning as in the Canada Petroleum Resources Act; (terres domaniales)

• 2[p17]

  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 32 to 37; (décision majeure)

• 2[p18]

  gas means natural gas and includes all substances, other than oil, that are produced in association with natural gas, but does not include coal-bed methane associated with the development or operation of a coal mine; (gaz)

• 2[p19]

  government means the Federal Government, the Provincial Government or both, as the context requires; (Version anglaise seulement)

• 2[p20]

  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[p21]

  interest has the meaning assigned by section 49; (titre)

• 2[p22]

  Minister means the Federal Minister, the Provincial Minister or both, as the context requires; (Version anglaise seulement)

• 2[p23]

  offshore area means the lands and submarine areas within the limits described in Schedule I; (zone extracôtière ou zone)

• 2[p23](a)
• 2[p24]

  Offshore Petroleum Royalty Act means the Offshore Petroleum Royalty Act, Chapter 9 of the Statutes of Nova Scotia, 1987, as amended from time to time; (loi sur les redevances)

• 2[p23](b)
• 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 38.1 to 38.3; (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[p32]
• 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 surface or subsurface or the seabed or its subsoil of the offshore area; (pétrole)

• 2[p33]
• 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 Nova Scotia; (province)

• 2[p38]

  Provincial Act means the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act, Chapter 3 of the Statutes of Nova Scotia, 1987, 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 government of the Province who is responsible for the management of offshore energy resources; (ministre provincial)

• 2[p41]

  Regulator means the Canada–Nova Scotia Offshore Energy Regulator established by the joint operation of section 9 of this Act and section 9 of the Provincial Act; (Régie)

• 2[p42]

  Sable Island means the area, whether above or under water, that is within the limits described in Schedule III. (Île de Sable)

• 2[p43]

  Sable Island National Park Reserve of Canada means Sable Island National Park Reserve of Canada as described in Schedule 2 to the Canada National Parks Act; (réserve à vocation de parc national de l’Île-de-Sable du Canada)

• 2[p44]

  spill-treating agent, except in section 166.5, 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)

• 2.1Offshore renewable energy project

  Subject to section 6, 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 that is carried out in the offshore area.

• 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.

• 4Precedence over other Acts of Parliament

  In case of any inconsistency or conflict between this Act and the regulations made thereunder take precedence.

• 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 such an Act,

• 5Regulations
• 5(1)

  Subject to section 6, the Governor in Council may make regulations amending the description of the limits set out in Schedule I for the purposes of the definition offshore area.

• 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.

• 6Provincial Minister’s approval
• 6(1)

  Before a regulation is made under section 2.1, subsection 5(1) or 17(4), section 30.1, subsection 35(8), 39(7) or 45(7), section 59.1 or 67, subsection 70(2), section 98.2, subsection 98.3(2), section 121, subsection 125(1), 128(1), 153(1), 167(2.3), 168(1.02), 188.19(6) or 188.25(1), section 188.29, subsection 188.3(3) or 207.01(1) or section 208, 245 or 248, 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.

• 6(2)Approval of Provincial Minister

  Before a regulation is made under subsection 210.001(3) or (4) or 210.126(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.

• 7Amendment of Accord

  The Government of Canada, as represented by the Prime Minister of Canada or by such other member of the Queen’s Privy Council for Canada as may be designated by the Governor in Council, may, jointly with the Government of Nova Scotia, amend the Accord from time to time.

• 7.1Non-application of Accord

  For greater certainty, the Accord does not apply to offshore renewable energy resources.

• 8Application
• 8(1)

  Except as otherwise provided by this Act, this Act applies within the offshore area.

• 8(2)Excluded legislation

  Subject to section 103, the Canada Petroleum Resources Act, 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
• 11(1)[p63]
• 9(1)

  There is established by the joint operation of this Act and the Provincial Act a board to be known as the Canada–Nova Scotia Offshore Energy Regulator.

• 11(1)[p64]
• 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 five members
• 10(1)

  The Regulator shall consist of five members.

• 10(2)Federal and Provincial appointees

  Two members of the Regulator are to be appointed by the Federal Government, two 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)Alternate members

  Each government may appoint one alternate member to act as a member of the Regulator in the absence or incapacity of any of the members of the Regulator appointed by that government.

• 10(4)Joint appointees

  Notwithstanding subsection (2) or (3), any member or alternate member of the Regulator may be appointed by both the Federal Government and the Provincial Government.

• 11Definitions
• 11(1)

  In this section and section 12,

• 11(1)[p74]

  public servant means a person employed in the Public Service of Canada, and includes any other person who is a civil servant within the meaning of the Provincial Act; (fonctionnaire)

• 11(1)[p75]

  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 this section as part of the Public Service of Canada. (administration fédérale)

• 11(2)Qualifications

  Not more than two members of the Regulator may, during the term of office of those members on the Regulator, be public servants and of those two members, not more than one may be appointed by each government.

• 11(3)Qualifications for Chairperson

  The Chairperson of the Regulator shall not, during the term of office as Chairperson, be a public servant.

• 12Term of office of Regulator members
• 12(1)

  Subject to subsection (2), each member of the Regulator, including the Chairperson, shall be appointed for a term of six years.

• 12(2)Repealed

  [Repealed, 2024, c. 20, s. 115]

• 12(3)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.

• 12(4)Good behaviour appointments for members who are not public servants

  Any member of the Regulator who is not a public servant holds office during good behaviour, but may be removed for cause

• 12(4)(a)

  where the member is appointed by either government, by that government; or

• 12(4)(b)

  where the member is appointed by both governments, by both governments.

• 12(5)Appointments of public servants during pleasure

  Any member of the Regulator who is a public servant holds office during pleasure.

• 13Deemed consultation between governments re Chairperson
• 13(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.

• 13(1)(a)

  six months prior to the expiration of the term of office of the incumbent Chairperson, or

• 13(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,

• 13(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 pursuant to subsection (3) by a panel constituted in accordance with section 47, unless, at any time prior to the selection of the Chairperson by the panel, the two governments agree on the appointment.

• 13(3)Selection of Chairperson of Regulator within 60 days

  The Chairperson of the Regulator shall be selected, from among persons nominated by each government, by the panel within 60 days after the appointment of the chairperson of the panel.

• 13(4)Decision of panel binding

  The decision of the panel selecting a Chairperson of the Regulator is final and binding on 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.

• 15Salaries of joint appointees
• 15(1)

  Subject to section 12, 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.

• 15(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.

• 16Conflict of interest guidelines

  All members of the Regulator 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.

• 17Power to indemnify
• 17(1)

  The Government of Canada shall, subject to such terms and conditions as may be prescribed, indemnify a person who is a present or former member, officer or employee of the Regulator, and the heirs and legal representatives of that person, against such costs, charges and expenses, including such amounts 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, as may be prescribed.

• 17(2)Both Governments share costs of indemnification

  Where the Government of the Province has indemnified a person referred to in subsection (1) or the heirs or legal representatives of that person pursuant to subsection 17(1) of the Provincial Act, the Government of Canada shall, subject to such terms and conditions as may be prescribed, pay to the Government of the Province one-half of the amount of the indemnity.

• 17(3)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.

• 17(4)Regulations

  Subject to section 6, the Governor in Council may make regulations prescribing anything that by this section is to be prescribed.

• 18Functions of Regulator
• 18(1)

  The Regulator shall, in addition to performing the duties and functions conferred or imposed on the Regulator by or pursuant to this Act, perform such duties and functions as are conferred or imposed on it by the Accord, to the extent that such duties and functions are not inconsistent with this Act or any regulations made thereunder.

• 18(2)Proposed amendments

  The Regulator may make recommendations to both governments with respect to proposed amendments to this Act, the Provincial Act, any regulations made under those Acts and to any other legislation relating to petroleum resource and renewable energy activities in the offshore area.

• 18.1Consultation 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.

• 19Access to information by governments
• 19(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.

• 19(2)Applicable provision

  Section 122 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.

• 19(3)Summary of applications of fundamental decisions to Ministers

  The Regulator shall require every person who makes an application in respect of which a fundamental decision is to be made by the Regulator to give, forthwith after making the application, a written summary of the application to both Ministers.

• 20Location of offices and staff

  The principal office and staff of the Regulator shall be located in the Province.

• 21Storage of information
• 21(1)

  The Regulator shall have responsibility for the storage and curatorship, in a facility in the Province, of

• 21(1)(a)

  all petroleum-related geophysical and geological records and reports, reports respecting wells and materials recovered from wells in the offshore area and, without limiting the generality of the foregoing, drill cuttings, fluid samples, hydrocarbon samples and cores recovered from those wells; and

• 21(1)(b)

  all records and reports involving geophysical, geological or geotechnical data, data on physical environmental conditions, environmental effects monitoring data or renewable energy resource data — including data on wind, waves and currents — all environmental studies and all geological and geotechnical samples, to the extent that those records and reports, studies and samples relate to offshore renewable energy.

• 21(2)Regulator to furnish samples to Ministers

  The Regulator shall, at the request of the Federal Minister or the Provincial Minister, if the material is to be permanently retained at the facility referred to in subsection (1).

• 21(2)(a)

  furnish that Minister with a sample of any material referred to in subsection (1), or

• 21(2)(b)

  where it is not possible to produce a sample of such material, provide that Minister with all or a portion of such material, subject to it being returned to the facility referred to in subsection (1),

• 22Meetings of Regulator

  The Regulator shall meet

• 22(a)

  once every two months unless the members of the Regulator unanimously agree to defer the meeting; and

• 22(b)

  at any other time

• 22(b)(i)

  at the call of the Chairperson of the Regulator,

• 22(b)(ii)

  on the request of any two members of the Regulator, or

• 22(b)(iii)

  on the request of the Federal Minister or the Provincial Minister to review any matter referred to the Regulator by that Minister.

• 23Quorum
• 23(1)

  Three members of the Regulator constitute a quorum of the Regulator.

• 23(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.

• 24By-laws and guidelines

  Subject to this Act and the Accord, the Regulator may

• 24(a)

  make by-laws respecting

• 24(a)(i)

  the members, officers and employees of the Regulator,

• 24(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(3),

• 24(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 for appointments,

• 24(a)(iv)

  the procedures to be followed in the performance of any of the duties and functions of the Regulator,

• 24(a)(v)

  the conduct of meetings of the Regulator,

• 24(a)(vi)

  the manner of dealing with matters and business before the Regulator, and

• 24(a)(vii)

  generally, the carrying on of the work of the Regulator and the management of the internal affairs thereof; and

• 24(b)

  establish conflict of interest guidelines respecting persons employed by the Regulator pursuant to subsection 26(1).

• 25Chief Executive Officer
• 25(1)

  There shall be a Chief Executive Officer of the Regulator who

• 25(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

• 25(1)(b)

  in any other case, is to be appointed by the Regulator by means of an open competition.

• 25(2)Approval required

  The appointment of a Chief Executive Officer pursuant to paragraph (1)(b) is subject to the approval of both governments.

• 25(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 pursuant to subsection (4) by a panel constituted in accordance with section 47, unless, at any time prior to the selection of the Chief Executive Officer by the panel, the two governments agree on the appointment.

• 25(4)Selection within sixty days

  The Chief Executive Officer shall be selected, from among persons nominated by each government, by the panel within sixty days after the appointment of the chairperson of the panel.

• 25(5)Decision of panel binding

  The decision of the panel selecting a Chief Executive Officer is final and binding on both governments.

• 25(6)Application of subsection

  Subsection 15(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).

• 25(7)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.

• 26Staff of the Regulator
• 26(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 Accord.

• 26(2)Method of selection

  The appointment of every person employed pursuant to subsection (1) shall be based on selection according to merit.

• 26(3)Presumption

  Except as provided in subsection (4), no person employed pursuant to subsection (1) shall, by virtue of that employment, be considered to be employed in the federal public administration or the public service of the Province.

• 26(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,

• 26(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

• 26(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.

• 26(4.1)Application of Nova Scotia legislation

  Nova Scotia social legislation as defined in subsection 210.001(1), the provisions of the Trade Union Act, R.S.N.S. 1989, c. 475, as amended from time to time, and the provisions of the Occupational Health and Safety Act, S.N.S. 1996, c. 7, as amended from time to time, and any regulations made under that legislation or those Acts, apply to persons employed under subsection (1).

• 26(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).

• 26(5)Definition of public service

  In this section, public service has the same meaning as in the Federal Public Sector Labour Relations Act.

• 27Auditor

  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.

• 27.1Audit and evaluation committee
• 27.1(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.

• 27.1(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.

• 28Budget
• 28(1)

  The Regulator shall, in respect of each fiscal year, prepare a budget sufficient to permit the Regulator to properly exercise its powers and perform its duties and functions.

• 28(2)Submission to governments

  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.

• 28(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, a revised budget in respect of that fiscal year, containing such particulars as may be requested by either Minister, shall be submitted to both Ministers for their consideration and approval.

• 28(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.

• 28(4.1)Payment of specific activities

  The Chief Executive Officer may include in the budget or revised budget expenditures associated with specific requirements of one government that are to be paid entirely by that government.

• 28(5)Appropriation

  Subject to any other Act of Parliament that appropriates moneys for the payment required by subsection (4), the sums required for such payment shall be paid out of the Consolidated Revenue Fund from time to time as required.

• 29Access to books and accounts

  Subject to subsection 19(2), both the Federal Minister and the Provincial Minister are entitled to have access to the books and accounts of the Regulator.

• 30Annual report
• 30(1)

  The Regulator shall, in respect of each fiscal year, prepare a report in both official languages of Canada and submit it to the Federal Minister and the Provincial Minister not later than ninety days after the expiration of that fiscal year.

• 30(2)Contents of report

  The annual report submitted under subsection (1) shall contain an audited financial statement and a description of the activities of the Regulator, including those relating to occupational health and safety, during the fiscal year covered by the report.

• 30(3)Tabling of report

  The Federal Minister shall cause the annual report referred to in this section to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day on which the report is submitted to the Federal Minister.

• 30.1Regulations respecting fees, etc.
• 30.1(1)

  Subject to section 6, the Governor in Council may make regulations

• 30.1(1)(a)

  respecting the fees or charges, or the method of calculating the fees or charges, to be paid for the provision, by the Regulator, of a service or product under this Act;

• 30.1(1)(b)

  respecting the fees or charges, or the method of calculating the fees or charges, in respect of any of the Regulator’s activities under this Act or the Impact Assessment Act, that are to be paid by

• 30.1(1)(b)(i)

  a person who makes an application for an authorization under paragraph 142(1)(b) or subsection 142.011(1) or an application under subsection 143(2), or

• 30.1(1)(b)(ii)

  the holder of an operating licence issued under paragraph 142(1)(a) or an authorization issued under paragraph 142(1)(b) or subsection 142.011(1); and

• 30.1(1)(c)

  respecting the refund of all or part of any fee or charge referred to in paragraph (a) or (b), or the method of calculating that refund.

• 30.1(2)Amounts not to exceed cost

  The amounts of the fees or charges referred to in paragraph (1)(a) shall not exceed the cost of providing the services or products.

• 30.1(3)Amounts not to exceed cost

  The amounts of the fees or charges referred to in paragraph (1)(b) shall not exceed the cost of the Regulator’s activities under this Act or the Impact Assessment Act.

• 30.2Non-application of Service Fees Act

  The Service Fees Act does not apply to any fees or charges payable in accordance with regulations made under section 30.1.

• 30.3Remittance of fees and charges

  One half of the amounts of the fees and charges obtained in accordance with regulations made under section 30.1 shall be paid to the credit of the Receiver General and the other half shall be paid to the credit of Her Majesty in right of the Province, in the time and manner prescribed under those regulations.

• 31Regulator’s decisions final

  Subject to this Act, the exercise of a power or the performance of a duty by the Regulator pursuant to this Act is final and not subject to the review or approval of either government or either Minister.

• 32Notice to Ministers of fundamental decisions