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Schulich School of Law, Dalhousie University

Articles 31 - 57 of 57

Full-Text Articles in Oil, Gas, and Mineral Law

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 …

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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 …

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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.

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Provincial Entitlement To Gas Trunk Line Ownership - Enforceability And Constitutionality, Dufferin Harper Oct 2003

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.

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Offshore Employment And Occupational Health And Safety Issues, John Macpherson Oct 2003

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.

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Statutory Liens In The Atlantic Canada Offshore Area, Robert Carmichael Oct 2003

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.

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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 Oct 2003

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

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Walking The Centre Line: Balancing An Employee's Right To Privacy In Drug And Alcohol Policies In The Atlantic Offshore Oil Industry, Harold Smith, Joseph Anthony Oct 2003

Walking The Centre Line: Balancing An Employee's Right To Privacy In Drug And Alcohol Policies In The Atlantic Offshore Oil Industry, Harold Smith, Joseph Anthony

Dalhousie Law Journal

Should the principles applied to drug and alcohol testing on land be imported into the Atlantic offshore oil and gas industry? The authors take the position that there is room for the notion that the application of principles derived from safety sensitive land based industry ought not to be applied in a perfunctory or rote manner to the Atlantic offshore environment. The case law, since Entrop, shows a judicial tendency to apply the requirements established by the obiter dictum of Entrop. (Etrop dealt with safety sensitive but land-based industry.) The danger is that the principles, as developed by and since …

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Liability For Marine Pollution From Offshore Operations, A William Moreira, Cecily Strickland, David Henley Oct 2003

Liability For Marine Pollution From Offshore Operations, A William Moreira, Cecily Strickland, David Henley

Dalhousie Law Journal

This paper addresses various aspects of liability for marine pollution arising from offshore operations. The myriad of provincial, federal and international instruments which are relevant to pollution in the offshore generates complex compliance and liability issues. An operator may be subject to both criminal and civil liability for pollution under several different legislative regimes. This paper is divided into two parts. First, compliance considerations are reviewed with the primary compliance requirements under the various acts and regulations applicable to offshore operations highlighted. In the second part, the extent of civil liability for marine pollution is examined.

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Are Royalty Agreements Required For Canada East Coast Offshore Oil And Gas?, Alan T. Pettie Apr 2001

Are Royalty Agreements Required For Canada East Coast Offshore Oil And Gas?, Alan T. Pettie

Dalhousie Law Journal

This article examines the royalty regime in the area offshore the two oil and gas producing provinces on the east coast of Canada. A review of the historical background of the legislative framework is provided. The right to levy royalties on the production of oil and gas is reviewed. The legislative provisions relating to the execution of royalty agreements and the introduction of generic royalty regulations are examined. The article describes specific fiscal and commercial terms which are not included in the current Nova Scotia generic royalty regime and might not be included in the generic regime which might be …

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East Coast Project Financing Issues, Raymond E. Quesnel, R J. Thrasher Apr 2001

East Coast Project Financing Issues, Raymond E. Quesnel, R J. Thrasher

Dalhousie Law Journal

In this article, the authors provide a comprehensive review of project financing as a means to fundoilandgasprojects in the Atlantic Canada offshore. Inparticular, the nature and characteristics of project financing are examined, together with a review of some recent East Coast project financings and an analysis of the legal and contractual framework that comes into play. This is followed byan extensive discussion on the structuring of a project financing including a consideration of the risks involved and how those risks may be allocated.

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Testing The Limits: Alcohol & Drug Testing For Offshore Employees, Brian Johnston, Tara Erskine Apr 2001

Testing The Limits: Alcohol & Drug Testing For Offshore Employees, Brian Johnston, Tara Erskine

Dalhousie Law Journal

The legal limits of drug and alcohol testing by employers in the Atlantic Canada offshore are not yet entirely clear. To shed light on where these limits may lie, the authors examine the relevant law in the United Kingdom and the United States, together with the law on testing in Canada generally and the applicable provisions of the Accord Acts.

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A Brief Overview Of The Enforceability Of Forum Selection, Choice Of Law, And Arbitration Clauses And The Doctrine Of Forum Non Conveniens Under The Admiralty Law Of The United States, Donald R. Abaunza Apr 2001

A Brief Overview Of The Enforceability Of Forum Selection, Choice Of Law, And Arbitration Clauses And The Doctrine Of Forum Non Conveniens Under The Admiralty Law Of The United States, Donald R. Abaunza

Dalhousie Law Journal

Forum selection, choice of law and arbitration clauses are of great significance in offshore contracts, where disputes may arise in locations far removed from the fora identified in those contracts. In this article, the author provides an examination of the enforceability of these clauses in the United States, together with an explanation of the operation of the doctrine of forum non conveniens in that country.

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Foreword, Michael F. Harrington Apr 2001

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.

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Legal Framework In The Canadian Offshore, Van Penick Apr 2001

Legal Framework In The Canadian Offshore, Van Penick

Dalhousie Law Journal

In this article, the author examines the legal framework in effect in the Atlantic Canada offshore through a comparative analysis of the Western Canada onshore regime in five basic areas: property rights, oil and gas rights, the constitutional division of oil and gas authority, basic agreements and the application of laws. The major differences exposed by this analysis should aid east coast oil and gas practitioners in properly advising their clients.

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Drainage Issues In The Atlantic Canada Offshore Petroleum Industry, Richard A. Neufeld, Robert G. Grant Apr 2001

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.

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Oceans Act: Uncharted Seas For Offshore Development In Atlantic Canada?, Aldo Chircop, Bruce A. Marchand Apr 2001

Oceans Act: Uncharted Seas For Offshore Development In Atlantic Canada?, Aldo Chircop, Bruce A. Marchand

Dalhousie Law Journal

Canada's Oceans Act, now five years old, is a ground-breaking piece of legislation in marine law which provides a framework for the development of a national oceans strategy, integrated planning and management, and institutional responsibilities. In this article, the authors review the Act and its issues and argue that the uncertainties found there provide opportunities for participants in the Atlantic Canada offshore oil and gas industry to influence the development of an oceans policy, legal and institutional framework that accommodates all interests.

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Regulatory Regime: Canada-Newfoundland/ Nova Scotia Offshore Petroleum Board Issues, Angus Taylor, Jim Dickey Apr 2001

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.

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Cooperative Environmental Assessments: Their Increasing Role In Oil And Gas Projects, Judith Hanebury Apr 2001

Cooperative Environmental Assessments: Their Increasing Role In Oil And Gas Projects, Judith Hanebury

Dalhousie Law Journal

As the subject matter of "environment" is not specifically assigned in the Constitution to only the federal government or the provinces, there has been an increasing trend toward cooperative environmental assessment processes to avoid jurisdictional friction points. This article describes the relevantjurisdictional friction points that have encouraged this trend and describes some issues and considerations that have arisen in relation to recent cooperative environmental assessments carried out for oil and gas projects.

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Financial Responsibility Requirements For Oil And Gas Activities Offshore Nova Scotia And Newfoundland, Boris Bde Jonge Apr 2001

Financial Responsibility Requirements For Oil And Gas Activities Offshore Nova Scotia And Newfoundland, Boris Bde Jonge

Dalhousie Law Journal

This article outlines the regime of statutory liability and financial responsibility requirements for the Nova Scotia and Newfoundland offshore areas with a particular emphasis on the content and validityof the Nova Scotia and Newfoundland Boards' jointly issued Guidelines for Financial Responsibility.

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Securing Assets Of Oil And Gas Projects Offshore Nova Scotia, Robert W. Carmichael Apr 2001

Securing Assets Of Oil And Gas Projects Offshore Nova Scotia, Robert W. Carmichael

Dalhousie Law Journal

Offshore oil and gas projects sometimes require financing, and project financing usually requires the taking of security in project assets. In this article, the author examines the legislative framework comprised of the traditional provincial and federal security legislation and the specialized Nova Scotia Accord Acts to determine that there is presently no effective regime in place for taking security in many types of assets of offshore oil and gas projects.

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Offshore Oil And Gas Facility Decommissioning In Nova Scotia And Newfoundland, Phillip Abraham Apr 2001

Offshore Oil And Gas Facility Decommissioning In Nova Scotia And Newfoundland, Phillip Abraham

Dalhousie Law Journal

While planning for the ultimate decommissioning of Atlantic Canada offshore oil and gas facilities is a necessary requirement of project approval, this issue has not yet graduated to the level of attention it receives in other parts of the world with more mature offshore petroleum industries. In this article, the author reviews some decommissioning methods and examines the international and domestic law applicable to the decommissioning of oil and gas facilities on the continental shelf offshore Atlantic Canada.

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Law On Pollution And Debris From Oil And Gas Drilling And Production Operations Offshore Nova Scotia, Boris B. De Jonge Jan 1998

Law On Pollution And Debris From Oil And Gas Drilling And Production Operations Offshore Nova Scotia, Boris B. De Jonge

LLM Theses

This thesis examines international and domestic law relating to pollution from offshore oil and gas operations in the Nova Scotia offshore area. The domestic regulatory regime is not integrated, but is contained in various acts. The three main acts deal respectively with ships, including mobile offshore drilling and production units (the 'Canada Shipping Act'); fisheries protection (the 'Fisheries Act'); and the industrial aspects of offshore oil and gas operations (the federal 'Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act'; there is a corresponding provincial act which is essentially identical). These acts are administered by separate regulatory agencies. This results in …

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What A Wonderful World: Multilateral Chemical Management Conventions, Liberalisation Policies And The Chemical Industry, Robin Lynne Cowling Jan 1998

What A Wonderful World: Multilateral Chemical Management Conventions, Liberalisation Policies And The Chemical Industry, Robin Lynne Cowling

LLM Theses

This thesis begins with an examination of the context of risk in which multilateral environmental agreements (MEAs) are being drafted and implemented. Through a discussion of the relationship between the characteristics of multinational corporations and the phenomenon of globalisation, the impetus behind globalisation practices is revealed. This is then contextualised with an examination of the contribution of the chemical industry toward the parallel globalisations of production and environmental harm. A discussion of trade and investment liberalisation instruments is then undertaken to illustrate the current hierarchy between these instruments and MEAs. This analysis reveals the present incompatibility of these instruments and …

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Atlantic Canada: The Constitutional Offshore Regime, John Mcevoy May 1984

Atlantic Canada: The Constitutional Offshore Regime, John Mcevoy

Dalhousie Law Journal

While it is a truism that people shape resources, it is equally true that resources shape people. This is so not only in terms of the individual but also of his society. Resources are the foundation of economic development - upon them turn such diverse questions as where a population will settle and the level of education required of that population for the harvesting of the resource. The regions of Canada are not diversified as much by strict cultural populations as with the resources which have shaped the regional populations. To date, the Atlantic provinces have seemingly been by-passed from …

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Energy From Canada's Frontier: A Fading Dream?, John Bishop Ballem Q.C. Oct 1983

Energy From Canada's Frontier: A Fading Dream?, John Bishop Ballem Q.C.

Dalhousie Law Journal

By the end of the present century, oil and gas from Canada's frontier should comprise a substantial proportion of our total energy supply. The economic activity generated by the huge capital investments required to utilize these resources should have done much to improve Canada's economy. However, whether these desirable goals will, in fact, be achieved is still very much an open question. Ordinarily, the fundamental uncertainty in dealing with oil and gas concerns whether or not these elusive substances actually exist in the area being searched. In the case of frontier oil and gas, however, the real question is not …

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On Shore Natural Resource Ownership: Atlantic Canada Perspective, J Mcevoy Jun 1956

On Shore Natural Resource Ownership: Atlantic Canada Perspective, J Mcevoy

Dalhousie Law Journal

Disputes over the ownership of resources off both the east and west coasts of Canada have recently been determined by the Supreme Court in favour of collective ownership by all Canadians, through federal Canada, rather than separate collective ownership by the adjacent citizens through their respective provinces.' These offshore disputes have involved state-province constitutional conflict and represent a higher plane application of common law concepts favouring individual ownership.

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