Donkin Coal Block Development Opportunity Act (S.C. 2007, c. 33)

Assented to 2007-12-14

Donkin Coal Block Development Opportunity Act

S.C. 2007, c. 33

Assented to 2007-12-14

An Act respecting the exploitation of the Donkin coal block and employment in or in connection with the operation of a mine that is wholly or partly at the Donkin coal block, and to make a consequential amendment to the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

SUMMARY

This enactment provides a legal regime to facilitate the exploitation of the Donkin coal block and to regulate employment in or in connection with the operation of any mine that is wholly or partly at the Donkin coal block. It gives the Governor in Council the authority to incorporate Nova Scotia laws into federal law by regulation, and gives Nova Scotia the power to enforce those laws. It further governs the royalties from the exploitation of the portion of the Donkin coal block in frontier lands, including providing for payment of the amount of the royalties to Nova Scotia after the royalties have been paid to the Receiver General. It also makes a consequential amendment to the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Donkin Coal Block Development Opportunity Act.

INTERPRETATION

Marginal note:Definitions

 The following definitions apply in this Act.

“Donkin coal block”

« réserve de charbon Donkin »

“Donkin coal block” means the coal and coal-bed methane deposits located in the area described in the schedule.

“exploitation”

« exploitation »

“exploitation” includes the exploration, development and reclamation of a coal block, as well as the operation of a mine that is wholly or partly at the coal block.

“frontier lands”

« terres domaniales »

“frontier lands” means lands that belong to Her Majesty in right of Canada, or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources, and that are situated in

  • (a) the Northwest Territories, Nunavut or Sable Island; or

  • (b) submarine areas, not within a province, in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada.

However, it does not include the adjoining area, as defined in section 2 of the Yukon Act.

“Minister”

« ministre »

“Minister” means the Minister of Natural Resources.

“operation”

« exploitation »

“operation” includes the development, construction and abandonment of a mine, as well as exploration for a mine.

“Province”

« province »

“Province” means Nova Scotia.

Marginal note:Interpretation

 For greater certainty, this Act shall not be interpreted as providing a basis for any claim by or on behalf of any province in respect of any interest in or legislative jurisdiction over any frontier lands, or any living or non-living resources of any frontier lands, or as limiting the application of any federal law that is not specifically limited under this Act.