Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act

Marginal note:Power of operational safety officer

• 198 (1) If an operational safety officer or the Chief Safety Officer, on reasonable grounds, is of the opinion that continuation of an operation in relation to the exploration or drilling for or the production, conservation, processing or transportation of petroleum in any portion of the offshore area is likely to result in serious bodily injury, the operational safety officer or Chief Safety Officer, as the case may be, may order that the operation cease or be continued only in accordance with the terms of the order.

• Marginal note:Notice

  (2) The officer who makes an order under subsection (1) shall affix at or near the scene of the operation a notice of the order in prescribed form.

• Marginal note:Expiry of order

  (3) An order made by an operational safety officer under subsection (1) expires 72 hours after it is made unless it is confirmed before that time by order of the Chief Safety Officer.

• Marginal note:Modification or revocation

  (4) Immediately after an operational safety officer makes an order under subsection (1), they shall advise the Chief Safety Officer accordingly, and the Chief Safety Officer may modify or revoke the order.

• Marginal note:Reference

  (5) The person carrying out the operation to which an order under subsection (1) makes reference or any person having a pecuniary interest in that operation may by notice in writing request the Chief Safety Officer to refer it, in the manner prescribed, to the Supreme Court of Nova Scotia for review, and the Chief Safety Officer shall do so.

• Marginal note:Inquiry

  (6) The Supreme Court of Nova Scotia shall inquire into the need for the order.

• Marginal note:Burden of proof

  (7) Where an order has been referred to the Supreme Court of Nova Scotia pursuant to this section, the burden of establishing that the order is not needed is on the person who requested that the order be so referred.

• Marginal note:Supreme Court judge’s decision conclusive

  (8) The Supreme Court of Nova Scotia may confirm or set aside the order, and the decision of that Court is final and conclusive.

• Marginal note:Operations in respect of which order made

  (9) No person shall continue an operation in respect of which an order has been made pursuant to this section, except in accordance with the terms of the order or until the order has been set aside by the Supreme Court of Nova Scotia pursuant to this section.