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Vol. 137, No. 13 — June 18, 2003 Registration CANADA-NOVA SCOTIA OFFSHORE PETROLEUM RESOURCES ACCORD IMPLEMENTATION ACT Regulations Amending Schedule I to the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation ActP.C. 2003-792 29 May, 2003 Whereas the province of Newfoundland and Labrador is a party to an agreement within the meaning of subsection 48(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (see footnote a) ; Whereas a dispute between the province of Nova Scotia and the province of Newfoundland and Labrador in relation to a portion of the description of the limits set out in Schedule I to that Act was settled by arbitration pursuant to section 48 of that Act; And whereas the annexed regulations, which amend the description of the portion of the limits set out in Schedule I to that Act in relation to which the dispute arose, are made in accordance with the settlement of that dispute and are therefore not subject to the procedure set out in section 6 of that Act; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to subsection 5(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (see footnote b) , hereby makes the annexed Regulations Amending Schedule I to the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act. REGULATIONS AMENDING SCHEDULE I TO THE CANADA-NOVA SCOTIA OFFSHORE PETROLEUM RESOURCES ACCORD IMPLEMENTATION ACT AMENDMENTS 1. The bracketed portion of Schedule I to the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (see footnote 1) after the title "LIMITS OF THE OFFSHORE AREA" is replaced by the following: (Except where otherwise indicated, all latitudes and longitudes referred to in this Schedule are determined according to NAD 27.) 2. The portion of the description of the outer limit of the offshore area set out in Schedule I to the Act after the words "The outer limit of the offshore area is as follows:" beginning with the fifteenth paragraph, which refers to the coordinates "latitude 47°45'40" and longitude 60°24'17"", and ending with the eighteenth paragraph, which refers to "an azimuth of 135°00'00"", is replaced by the following: thence northeasterly in a straight line to a point, delimited in the award of the arbitration tribunal in conclusion of the second phase of arbitration between the provinces of Nova Scotia and Newfoundland and Labrador on March 26, 2002, at latitude 47°45'41.8" and longitude 60°24'12.5" (NAD 83); thence, as delimited in the award of March 26, 2002, southeasterly along a geodesic line to a point at latitude 47°25'31.7" and longitude 59°43'37.1" (NAD 83); thence, as delimited in the award of March 26, 2002, southeasterly along a geodesic line to a point at latitude 46°54'48.9" and longitude 59°00'34.9" (NAD 83); thence, as delimited in the award of March 26, 2002, southeasterly along a geodesic line to a point at latitude 46°22'51.7" and longitude 58°01'20.0" (NAD 83); thence, as delimited in the award of March 26, 2002, southeasterly along the following geodesic lines, but only as far as the point of intersection between one of those lines and the outer edge of the continental margin as determined by international law:
COMING INTO FORCE 3. These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Description This Regulation prescribes a line delimiting portions of the offshore area of Nova Scotia. In the mid-1980's, the Government of Canada entered into two accords concerning the joint federal-provincial management of petroleum resources in the offshore: one with Newfoundland and one with Nova Scotia. These accords were implemented through the adoption of mirror federal and provincial legislation. However, one issue remained outstanding. It had to do with the location of the line delimiting the provinces' respective offshore areas. The provinces of Nova Scotia and Newfoundland and Labrador have had a longstanding dispute over the limits of their respective offshore areas. The Accord implementation legislation provides that where the Government of Canada is unable, by means of negotiation, to bring about a resolution of the dispute within a reasonable time, the Minister of Natural Resources shall refer the dispute to an impartial person, tribunal or body for settlement. Because Nova Scotia and Newfoundland were unable, since 1992, to reach an agreement, the then Minister of Natural Resources, the Honourable Ralph Goodale, constituted an Arbitration Tribunal on May 31, 2000, to resolve the dispute. The Arbitration Tribunal rendered its final decision on March 26, 2002. The decision is final and binding on the parties. These Regulations prescribe the line set out by the Tribunal to delimit portions of the two offshore areas. The regulations serve to amend, to the extent necessary, the line currently set out in the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act. A separate regulation will prescribe the line for the purposes of the definition "offshore area" in section 2 of the Canada-Newfoundland Atlantic Accord Implementation Act. Alternatives Regulatory certainty is required to implement the decision of the Tribunal and amend the current line in the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act. Consequently, there is no alternative. Benefits and Costs By providing regulatory certainty as to the offshore areas of responsibility of the Canada-Nova Scotia and Canada-Newfoundland Offshore Petroleum Boards, for the purposes of oil and gas management, all stakeholders will benefit; the implementation of the Arbitration Tribunal's decision will permit the resumption of oil and gas exploration in the Laurentian Channel, thus providing industry with new exploration opportunities and increased regional and national economic growth and employment through sustainable development of offshore resources. Therefore, these Regulations have a positive impact on the oil and gas industry, the regulatory Boards and the federal and provincial governments. They have no effect on the public. Consultation Natural Resources Canada has the legislative authority to enact these Regulations without consultation since all affected parties are bound by the decision of the Arbitration Tribunal on the offshore line. Nevertheless, the key stakeholders, the governments of Nova Scotia and Newfoundland, the regulatory Offshore Boards and the oil and gas permit holders have been consulted. The public and the oil and gas industry were afforded the opportunity to attend the hearings of the Arbitration Tribunal and some did so. Representatives of the media attended and provided coverage of the hearings. In addition, the Tribunal issued news releases and made public certain documents and transcripts of the proceedings and its decisions. The transcripts and decisions were also made available through a Web site: www.boundary-dispute.ca. Compliance and Enforcement These Regulations merely set, by regulation, geographic limits of the Nova Scotia offshore area. Thus, there are no compliance and enforcement issues to consider. In addition, since all parties are bound by the decision of the Arbitration Tribunal, enforcement and compliance are not an issue. These Regulations do not affect the current compliance and enforcement provisions of the legislation or other regulations made thereunder. Contact
Acting Director Petroleum Resources Branch Natural Resources Canada 580 Booth Street, 11th Floor Ottawa, Ontario K1A 0E4 Telephone: (613) 995-3190 S.C. 1988, c. 28 S.C. 1988, c. 28 S.C. 1988, c. 28 |
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