Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 11 of 11
Full-Text Articles in Law
Developments. In Newfoundland And Labrador Offshore Royalties: From Hibernia To Hebron And Back, R J. Thrasher, Simon Baines
Developments. In Newfoundland And Labrador Offshore Royalties: From Hibernia To Hebron And Back, R J. Thrasher, Simon Baines
Dalhousie Law Journal
This paper traces the historical development of the offshore oil and gas royalty regime for Newfoundland and Labrador, from the first negotiated private royalty agreement for the Hibernia project, through the application of both generic and project-specific regulatory schemes applicable to later projects, up to the Hibernia Southern Expansion. The variations in key provisions across the six major projects are reviewed, with regard to royalty structures, transportation cost eligibility, cost and production allocation, dispute settlement and legislative stability clauses. Finally, the prospect for application of innovations and solutions developed to date to future projects is considered.
The Land Tenure System In The Newfoundland And Labrador Offshore Regulatory Regime: Review, Analysis And Current Issues, Alexander Macdonald, Nick Crosbie
The Land Tenure System In The Newfoundland And Labrador Offshore Regulatory Regime: Review, Analysis And Current Issues, Alexander Macdonald, Nick Crosbie
Dalhousie Law Journal
The development of an offshore oiland gas industry in the Gulf ofSt. Lawrence has created, for the first time, the potential for interactions between the Newfoundland and Labrador offshore regulatory regime and other regimes (either the new regime in Quebec or the National Energy Board). As industry participants evaluate where they will spend their exploration dollars, they will need to understand the various regulatory regimes in place. Land tenure in Newfoundland and Labrador is similar to the regime in places subject to the jurisdiction of the National Energy Board. Over the past 25 years, however the decisions of the courts …
The Confidentiality Of Seismic Data, Michael P. Simms, Van Penick
The Confidentiality Of Seismic Data, Michael P. Simms, Van Penick
Dalhousie Law Journal
The authors review the common law, common contractual language and statutory law relating to the confidentiality of seismic information. The extent of the rights of the Canada-Newfoundland and Labrador and Canada-Nova Scotia Offshore Petroleum Boards to receive, use and make seismic data public is considered in light of freedom of information and protection of privacy legislation. The authors discuss the different treatment of specified user and speculative seismic data, and explore copyright.
Aboriginal Rights.And The Atlantic Canada Petroleum Industry, David Reid, Stephanie Hickman
Aboriginal Rights.And The Atlantic Canada Petroleum Industry, David Reid, Stephanie Hickman
Dalhousie Law Journal
The authors explore the recent developments in Aboriginal law and their implications for the petroleum industry in Atlantic Canada. To set the stage, they provide a brief historical overview of Aboriginal settlement and land-use in the region, followed by a brief review of the petroleum industry's development in Atlantic Canada. After examining the state of the jurisprudence relating to Aboriginal rights generally,the authors turn to the current state of aboriginalrights, rights claims, and consultation obligations in the Atlantic Canadian context. The impact of the current state of the law on the petroleum industry is then analyzed and future trends outlined.
Occupational Health And Safety: The New Regime For The East Coast Offshore, Susan E. Gover
Occupational Health And Safety: The New Regime For The East Coast Offshore, Susan E. Gover
Dalhousie Law Journal
The Governments of Canada, Nova Scotia, and Newfoundland and Labrador are moving to enshrine existing offshore occupational health and safety (OHS) practices into the Atlantic Accord legislation governing the regulation of petroleum-related activity off the eastern coast of Canada. The proposed OHS amendments discussed in this paper are intended to provide a comprehensive legal framework to achieve the same kind of protection for offshore workers that onshore workers currently enjoy. Application of occupational health and safety laws in the offshore will be clarified so that these amendments, and not other federal or provincial OHS laws, will apply to any workplace …
Effective And Efficient Regulation Of The Offshore Oil Industry: The 2001 White Rose Public Review Process, Peter O'Flaherty, Matthew Clarke
Effective And Efficient Regulation Of The Offshore Oil Industry: The 2001 White Rose Public Review Process, Peter O'Flaherty, Matthew Clarke
Dalhousie Law Journal
Section 44(2)(b) of the provincial and federal Canada-Newfoundland Atlantic Accord Implementation Acts provides for a public review of proposed developments of petroleum resources as part of the existing regulatory approval process for the Newfoundland Offshore Area. To date, public reviews have been conducted for three offshore oil developments: Hibernia, Terra Nova and White Rose. This paper examines the effectiveness and efficiency of the public review process for the White Rose Project. The author concludes that the review process was effective in successfully gathering public input and reporting this information to the CNOPB. Despite CNOPB's failure to accept many of the …
Newfoundland Generic Royalty Regime, Jack Thrasher
Newfoundland Generic Royalty Regime, Jack Thrasher
Dalhousie Law Journal
This paper reviews the regulations under the Newfoundland and Labrador Petroleum and Natural Gas Act governing the Newfoundland generic royalty regime. The author also points to some unresolved issues; in particular he discusses transportation costs and the parameters of ministerial discretion.
Effective And Efficient Regulation In Nova Scotia, J Marshall Burgess
Effective And Efficient Regulation In Nova Scotia, J Marshall Burgess
Dalhousie Law Journal
Effective and efficient regulation of the oil and gas industry on the East Coast of Canada is a top priority of the federal and provincial governments. Ever since oil and gas exploration and development began in this region, stakeholders and others have urged regulators to address and remedy this issue. This paper reviews how governments have responded first in the onshore context, and then in the offshore. Issues that regulators need to address are identified and legislative, regulatory, and administrative changes which have been made and are proposed are reviewed. Finally, the author reflects on possible future developments and the …
Foreword, Michael F. Harrington
Foreword, Michael F. Harrington
Dalhousie Law Journal
As the Chair of the Organizing Committee for the inaugural East Coast Seminar of the Canadian Petroleum Law Foundation, I am pleased to mark the publication of the papers presented at that Seminar in this special publication of the Dalhousie Law Journal.
Drainage Issues In The Atlantic Canada Offshore Petroleum Industry, Richard A. Neufeld, Robert G. Grant
Drainage Issues In The Atlantic Canada Offshore Petroleum Industry, Richard A. Neufeld, Robert G. Grant
Dalhousie Law Journal
In this article, the authors examine the issue of drainage in the Atlantic Canada offshore. The offshore statutory regimes for production of oil and gas, together with the common law, are analyzed for their approaches to dealing with drainage issues. In addition, the law of drainage in Alberta is comprehensively reviewed to provide some guidance as to how the law of drainage may develop in Atlantic Canada.
Regulatory Regime: Canada-Newfoundland/ Nova Scotia Offshore Petroleum Board Issues, Angus Taylor, Jim Dickey
Regulatory Regime: Canada-Newfoundland/ Nova Scotia Offshore Petroleum Board Issues, Angus Taylor, Jim Dickey
Dalhousie Law Journal
This article identifies and comments on some of the issues which may be of interest respecting petroleum operations in the Newfoundland and Nova Scotia offshore areas. An emphasis has been placed on identifying some of the issues from an operational context and from a regulator's perspective, with some legal analysis provided where appropriate.