Hibernia Development Project Act (S.C. 1990, c. 41)

Act current to 2013-05-20 and last amended on 2003-04-01. Previous Versions

Hibernia Development Project Act

S.C. 1990, c. 41

Assented to 1990-11-06

An Act respecting the Hibernia Development Project and to amend certain Acts in relation thereto

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 Hibernia Development Project Act.

INTERPRETATION

Marginal note:Definitions
  •  (1) In this Act,

    “Board”

    « Office »

    “Board” means the Canada-Newfoundland Offshore Petroleum Board established by the joint operation of section 9 of the Canada-Newfoundland Atlantic Accord Implementation Act and section 9 of The Canada-Newfoundland Atlantic Accord Implementation (Newfoundland) Act, chapter 37 of the Statutes of Newfoundland, 1986;

    “continental shelf”

    « plateau continental »

    “continental shelf” means the seabed and subsoil of those submarine areas

    • (a) that extend beyond the territorial sea throughout the natural prolongation of the land territory of Canada to the outer edge of the continental margin or to a distance of two hundred nautical miles from the inner limits of the territorial sea, whichever is the greater,

    • (b) that extend to such outer limits as are prescribed pursuant to paragraph (2)(a), or

    • (c) that are designated as being part of the continental shelf pursuant to that paragraph;

    “federal laws”

    « lois fédérales »

    “federal laws” includes Acts of Parliament, regulations as defined in section 2 of the Interpretation Act  and any other rules of law within the jurisdiction of Parliament, and any provision of those Acts, regulations or rules of law, but does not include ordinances within the meaning of the Northwest Territories Act  or laws of the Legislature of Yukon or of the Legislature for Nunavut;

    “Her Majesty”

    « Sa Majesté »

    “Her Majesty” means Her Majesty in right of Canada;

    “Hibernia Development Project” or “Project”

    « exploitation »

    “Hibernia Development Project” or “Project” means the project described in the Hibernia Development Plan approved by the decision referred to in subsection 6(1), as amended and approved by the Board from time to time;

    “laws of Newfoundland”

    « lois terre-neuviennes »

    “laws of Newfoundland” includes the laws and rules of law from time to time in force in the Province of Newfoundland, and any provision of those laws or rules of law, but does not include federal laws;

    “Minister”

    « ministre »

    “Minister” means the Minister of Natural Resources;

    “offshore area”

    « zone extracôtière »

    “offshore area”, with respect to the Province of Newfoundland, means

    • (a) any area of the sea that is not within the Province, that is on the landward side of the outer limits of the continental shelf and that is nearer to the coast of the Province than to the coast of any other province, or

    • (b) such other area of the sea as is designated pursuant to paragraph (2)(b),

    and includes the seabed and subsoil thereof and the airspace above that area;

    “prescribed”

    Version anglaise seulement

    “prescribed” means prescribed by regulations;

    “security interests”

    « sûretés mobilières »

    “security interests” means interests in chattels, fixtures, documents of title, instruments, securities, chattel papers or other personal property that secure payment or performance of an obligation, and includes choses in action and interests arising from an assignment of book debts;

    “territorial sea”

    « mer territoriale »

    “territorial sea” means the territorial sea of Canada as determined in accordance with the Territorial Sea and Fishing Zones Act.

  • Marginal note:Regulations

    (2) The Governor in Council may make regulations

    • (a) prescribing outer limits of the continental shelf or any portion thereof for the purpose of the definition “continental shelf” in subsection (1), or designating, for greater certainty, the seabed and subsoil of a particular submarine area as being part of the continental shelf;

    • (b) designating an area of the sea for the purpose of the definition “offshore area” in subsection (1); and

    • (c) prescribing, in respect of any area of the sea and for the purpose of the definition “offshore area” in subsection (1), the manner of determining the province that has the coast nearest to that area.

  • 1990, c. 41, s. 2;
  • 1994, c. 41, s. 37;
  • 2002, c. 7, s. 178.