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Full-Text Articles in Law
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 …
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.
Key Issues In The New Regime Of Occupational Health And Safety: The Right To Refuse Work And Directors' And Officers' Liability, Jim Thistle, Matthew Clarke, Joshua Martin
Key Issues In The New Regime Of Occupational Health And Safety: The Right To Refuse Work And Directors' And Officers' Liability, Jim Thistle, Matthew Clarke, Joshua Martin
Dalhousie Law Journal
This article examines the existing and proposed occupational health and safety regulatory regimes for oil and gas operations offshore Nova Scotia and Newfoundland and Labrador The article provides historical context for both the existing and the proposed regimes. Two specific areas of concern are analysed: the right to refuse work and directors' and officers' liability. For each issue, the author offers observations on the potential impacts that the implementation of proposed legislation will have on offshore oil and gas operations in these jurisdictions
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 …
Statutory Liens In The Atlantic Canada Offshore Area, Robert Carmichael
Statutory Liens In The Atlantic Canada Offshore Area, Robert Carmichael
Dalhousie Law Journal
This article will examine statutory and common law liens in relation to assets used in oil and gas exploration and production in areas offshore Nova Scotia and Newfoundland and Labrador It considers the applicable constitutional regime, the maritime law and the interrelationship between maritime law, federal law, and provincial law.
Union Certification On Offshore Production Installations, Gregory Anthony
Union Certification On Offshore Production Installations, Gregory Anthony
Dalhousie Law Journal
The author describes the jurisdictional and legislative regimes governing labour relations in the Newfoundland and Labrador offshore. After providing an overview of the provincial certification process, he recounts the process of certification of the Hibernia platform and reviews some of the legal issues raised therefrom.
International Royalty And Continental Shelf Limits: Emerging Issues For The Canadian Offshore, Aldo Chircop, Bruce Marchand
International Royalty And Continental Shelf Limits: Emerging Issues For The Canadian Offshore, Aldo Chircop, Bruce Marchand
Dalhousie Law Journal
Article 82 of the United Nations Convention on the Law of the Sea, 1982, provides a novel obligation in international law that is likely to become operative within the decade. It establishes an international royalty on production from the utilization of non-living resources (such as oil and gas) on the continental shelf beyond 200 nautical miles, but within the outer limit of a coastal state's jurisdiction. Producing states will have an obligation to make payments or contributions in kind that are calculated on the basis of an incremental rate applicable as from the sixth year of production and reaching a …
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 …
Canadian East Coast Offshore Oil And Gas Industry: Sustainable Development Through Cooperative Federalism, Keith R. Evans
Canadian East Coast Offshore Oil And Gas Industry: Sustainable Development Through Cooperative Federalism, Keith R. Evans
Dalhousie Law Journal
For many years, development of the oil and gas potential off the east coast of Canada was delayed while the jurisdictional issues in respect of the area were resolved. While the provinces lost the major court battles on jurisdiction, political pressures combined with practical aspects of provincial involvement in the land bases for operations in the offshore area have resulted in pragmatic cooperation between the two levels of government and the establishment of joint administrative Boards to oversee exploration and development in the area. This paper explores the background to and the mechanics used for this pragmatic constitutional resolution and, …