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Full-Text Articles in Law

Occupational Health And Safety: The New Regime For The East Coast Offshore, Susan E. Gover Oct 2003

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 Oct 2003

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 Oct 2003

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 Oct 2003

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 …


Australian And Canadian Perspectives On Offshore Management, Donald R. Rothwell, David Vanderzwaag Apr 2003

Australian And Canadian Perspectives On Offshore Management, Donald R. Rothwell, David Vanderzwaag

Dalhousie Law Journal

Challenges in ocean and coastal management are facing all coastal states of the world. including Australia and Canada. Overharvesting of fish stocks, increasing pressure from land-based sources of pollution, expanding offshore petroleum developments, and rising risks of ship-sourced pollution in fragile marine ecosystems have caused both countries to begin a process of reassessment and rethinking. In January 1997 Canada adopted a new Oceans Act, which called for the development of a National Oceans Management Strategy based on principles of sustainable development, precaution and integration, and a new national marine protected areas network. In December 1998, Australia released a National Oceans …