1st Session, 58th General Assembly
Nova Scotia
49 Elizabeth II, 2000
The Honourable Gordon D. Balser
Minister responsible for the Petroleum Directorate
First Reading: April 14, 2000
Second Reading: April 25, 2000
Third Reading: June 8, 2000 (WITH COMMITTEE AMENDMENTS)
Royal Assent: June 8, 2000
Be it enacted by the Governor and Assembly as follows:
1 The title of Chapter 147 of the Revised Statutes, 1989, the Energy and Mineral Resources Conservation Act, is amended by striking out "and Mineral" in the second line.
2 Section 1 of Chapter 147 is amended by striking out "and Mineral" in the first line.
3 Clause 2(a) is amended by striking out "constituted pursuant to this Act" in the second and third lines.
4 Section 3 of Chapter 147 is amended by
(a) striking out "safe and" in the first line of clause (b); and
(b) striking out clause (c).
5 Section 6 of Chapter 147 is repealed and the following Section substituted:
6 The Energy and Mineral Resources Conservation Board is hereby continued as a body corporate under the name "Energy Resources Conservation Board" and consists of not more than seven members and such number of acting members as may from time to time be appointed.
6 (1) Subsection 11(1) of Chapter 147 is amended by striking out "Board of Commissioners of Public Utilities" in the second and third lines and substituting "Nova Scotia Utility and Review Board".
(2) Subsection 11(2) of Chapter 147 is amended by
(a) striking out ", the Gas Utilities Act" in the first and second lines and substituting "Gas Distribution Act"; and
(b) striking out "Board of Commissioners of Public Utilities" in the fifth and sixth lines and substituting "Nova Scotia Utility and Review Board".
7 Subsection 14(2) of Chapter 147 is amended by striking out "Gas Utilities Act" in the last line and substituting "Gas Distribution Act".
8 (1) Clause 29(1)(p) of Chapter 147 is amended by striking out "safety and" in the first line.
(2) Subsection 29(2) of Chapter 147 is repealed.
9 Chapter 147 is further amended by striking out "and Mineral", "and mineral" and "or mineral" wherever they appear in Chapter 147.
10 Section 2 of Chapter 342 of the Revised Statutes, 1989, the Petroleum Resources Act, is amended by
(a) striking out clause (b) and substituting the following clause:
(b) "Directorate" means the Nova Scotia Petroleum Directorate;
and
(b) striking out clause (d) and substituting the following clause:
(d) "Minister" means the member of the Executive Council designated as the Minister for the purpose of this Act;
11 (1) Subsection 27(1) of Chapter 342 is amended by
(a) striking out ", environmental protection" in the fourth and fifth lines of clause (d);
(b) striking out "Department or in any other departments" in the third and fourth lines of clause (r) and substituting "Directorate or in any department of the public service"; and
(c) adding immediately after clause (z) the following clauses:
(za) respecting fees and financial security for permits, licences, agreements and leases and other approvals issued pursuant to this Act;
(zb) respecting cost recovery for services provided by the Minister, the Directorate or persons to whom are delegated any duty, power or authority pursuant to subsection 3(2);
(zc) respecting the appointment of inspectors and cost recovery for services provided by inspectors and the inspection of geophysical operations, wells and petroleum facilities;
(zd) respecting geophysical operations;
(ze) respecting the economic, orderly and efficient development of energy resources, including the construction, location and establishment of equipment, buildings, structures, wharves, docks and support facilities related to energy;
(zf) respecting the prohibition against drilling wells to explore for, develop or produce petroleum without a permit, licence or approval;
(zg) respecting permits, licences or approvals to drill wells and the terms and conditions of permits, licences and approvals, including the designation, identification, location, design, equipment, construction, operation, maintenance and abandonment of wells and associated structures;
(zh) respecting the most efficient methods for the production of energy resources, including enhanced recoveries;
(zi) respecting the adoption, incorporation or constituting as regulations, in whole or in part, of any relevant codes, rules or standards, as amended from time to time, prepared and published by the Canadian Standards Association or any similar association, with or without any modification or amendment;
(2) Subsection 27(4) of Chapter 342 is repealed.
12 Subsection 3(1) of Chapter 345 of the Revised Statutes, 1989, the Pipeline Act, is amended by
(a) striking out subclause (e)(ii) and substituting the following subclause:
(ii) any building, structure, real or personal property and works that houses or protects anything referred to in clause (i) or that is used for any activity referred to in clause (i),
(b) striking out all that portion of clause (e) immediately following "refinery" in the second last line to the end of the clause and substituting a semicolon;
(c) striking out clause (h) and substituting the following clause:
(h) "Minister" means the member of the Executive Council designated as the Minister for the purpose of this Act;
and
(d) repealing clause (m).
13 Clause 5(d) of Chapter 345 is repealed and the following clause substituted:
(d) a pipeline that is part of a facility approved pursuant to Part V of the Environment Act;
14 (1) Subsection 24(1) of Chapter 345 is amended by striking out all that portion of subsection (1) immediately after "reporting" in the fourth line to the end of the subsection and substituting "and the repair of the leak or break".
(2) Subsection 24(2) of Chapter 345 is amended by
(a) striking out "and clean up" in the third line;
(b) striking out "and clean up" in the third line of clause (a); and
(c) striking out "and clean up" in the fourth and fifth lines of clause (b).
15 (1) Subsection 44(1) of Chapter 345 is amended by
(a) striking out ", and the clean up and disposal of any substance that escapes from a pipeline" in the second, third and fourth lines of clause (m);
(b) striking out all that portion of clause (o) immediately after "land" in the second last line to the end of the clause and substituting a semicolon;
(c) striking out "control of pollution and conservation of the environment in" in the third and fourth lines of clause (s); and
(d) adding immediately after clause (w) the following clauses:
(wa) fees and financial security for permits, licences or other approvals;
(wb) cost recovery for services rendered pursuant to this Act by the Energy Board or persons delegated by the Energy Board;
(wc) the appointment of inspectors and the inspection and certification of pipelines and installations during and after their construction and persons by whom the costs are borne;
(wd) the adoption, incorporation or constituting as regulations, in whole or in part, of any relevant codes, rules or standards, as amended from time to time, prepared and published by the Canadian Standards Association or any similar association, with or without any modification or amendment;
(2) Subsection 44(2) of Chapter 345 is repealed.