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Full-Text Articles in Law
Offshore Employment And Occupational Health And Safety Issues, John Macpherson
Offshore Employment And Occupational Health And Safety Issues, John Macpherson
Dalhousie Law Journal
In Canada responsibility for regulating labour relations, employment and occupational health and safety matters is shared between the federal and provincial governments. In this paper the author describes the complexities of the legislative regime governing the Nova Scotia offshore. Specifically, he looks at section 157 of the Nova Scotia Accord Act (Canada), certification of workers offshore, and occupational health and safety legislation.
Provincial Entitlement To Gas Trunk Line Ownership - Enforceability And Constitutionality, Dufferin Harper
Provincial Entitlement To Gas Trunk Line Ownership - Enforceability And Constitutionality, Dufferin Harper
Dalhousie Law Journal
The author discusses the interpretation of section 40 of the Nova Scotia Accord Act (Canada) and the Nova Scotia Accord Act (Nova Scotia). The section provides that the Government of Nova Scotia be given "a reasonable opportunity" to acquire on a "commercial basis" up to a fifty percent ownership in the Nova Scotia trunkine in certain circumstances. He points out that even though the dispute between the Federal and Provincial governments regarding the ownership of the offshore appears to be on hold, the issue is relevant to the application of section 40.
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 …
Offshore Seismic And Fisheries And Environmental Issues - How Can They Be Reconciled?: A Case Study On The Public Review On The Effects Of Potential Oil And Gas Exploration Offshore Cape Breton, David Macdougall
Dalhousie Law Journal
The author describes the review process preceding the 2003 CNSOPB decision which permitted seismic activities offshore of Cape Breton. The process included a public review conducted by Commissioner Dr. Teresa MacNeil and the subsequent establishment of an Ad Hoc Working Group (part of the CNSOPB's existing Fisheries and Environment Advisory Committee (FEAC)) and a Science Working Group reporting to the Ad Hoc Working Group. In the author's view, the Ad Hoc Working Group arrived at the anticipated result; that is, continued disagreement among the opposing parties on the fundamental issues. Consequently CNSOPB was left with the decision on how to …
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 …