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Full-Text Articles in Law
Creative Sentencing, Restorative Justice And Environmental Law: Responding To The Terra Nova Fpso Oil Spill, Cecily Y. Strickland, Scott Miller
Creative Sentencing, Restorative Justice And Environmental Law: Responding To The Terra Nova Fpso Oil Spill, Cecily Y. Strickland, Scott Miller
Dalhousie Law Journal
On 20 November 2004 the Terra Nova FPSO inadvertently discharged 165n3 of oily water into the surrounding waters of the Newfoundland and Labrador offshore area. Petro-Canada was charged with having caused a spill and thereby committing an offence pursuant to the Canada-Newfoundland Atlantic Accord Implementation Act. This was the first charge of its type arising from offshore oil and gas operations on the east coast of Canada. The authors provide a factual overview of the incident and identify some resultant legal issues, including the application of creative sentencing and the use of probation orders.
Fallow Fields Initiatives And Canada's East Coast Offshore: Policy And Legal Considerations, Raymond E. Quesnel
Fallow Fields Initiatives And Canada's East Coast Offshore: Policy And Legal Considerations, Raymond E. Quesnel
Dalhousie Law Journal
The author examines various approaches adopted by government to balance the state's interest in promoting the timely and efficient exploration and development of oil and gas resources under state jurisdiction and industry's need for legal regimes providingsecurityoftenure and other conditions necessary for commercial success. In particular, the paper considers fallow field initiatives adopted by the United Kingdom in respect of the North Sea and their possible application to government's management of oil and gas resources in the Canadian east coast offshore areas, addressing applicable policy considerations, the legislative history of the statutory frameworks in place, and relatedjurisprudence.
The Accord Acts Twenty Years Later, Shawn Denstedt, R J. Thrasher
The Accord Acts Twenty Years Later, Shawn Denstedt, R J. Thrasher
Dalhousie Law Journal
The authors examine key provisions of the Accord Acts and the experience with them to date, and make comparisons with other jurisdictions. They address regulatory issues, such as the resource conservation powers of the Boards, the relationship between the Boards and other agencies, and the relative success of regulation streamlining efforts. Finally,they consider exploration and development matters and commercial issues such as flow-testing of exploration wells, benefits, royalty agreements, Board guidelines, disclosure of information, and conditions or requirements attached by the Boards to authorizations.
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.
The Implications Of Unclos For Canada's Regulatory Jurisdiction In The Offshore-The 200-Mile Limit And The Continental Shelf, Keith F. Miller
The Implications Of Unclos For Canada's Regulatory Jurisdiction In The Offshore-The 200-Mile Limit And The Continental Shelf, Keith F. Miller
Dalhousie Law Journal
The author examines the current state of international law governing Canada's sovereignty and jurisdiction over the exploitation of hydrocarbons within its continental shelf. These rights are reviewed from a historical perspective through theprogression ofinternational conventions, the decisions ofinternational tribunals and the enactmentof Canadian federal laws. The article includes anexamination of Canada's rights under international law respecting its 200-nautical-mile exclusive economic zone and the continental shelf beyond, as well as a review of Canada's maritime boundary disputes with adjacent coastal states.