Some Day the Sun Will Shine and Have Not Will Be No More (44 page)
Read Some Day the Sun Will Shine and Have Not Will Be No More Online
Authors: Brian Peckford
A committee consisting of representatives from the Government of
MANAGEMENT OFFICES
Canada,
the Government of Newfoundland and Labrador,
the petroleum industry, and the fishery industry will review and
monitor these provisions.The Board shall seek to ensure that all companies which operate in
the offshore area establish offices in the province with appropriate
levels of decision-making. In this spirit, the Government of Canada
shall ensure, where possible, that Petro-Canada maintains an office
in the province with responsibility for its operations in the
offshore area.The Government of Canada shall establish in the province, where
ECONOMIC GROWTH AND DEVELOPMENT
possible, regional offices with appropriate levels of
decision-making for all departments directly involved in activities
relating to the offshore area.It is the objective of both governments to ensure that the offshore
area is managed in a manner which will promote economic growth and
development in order to optimize benefits accruing to Newfoundland
in particular and to Canada as a whole.The legislation implementing the Accord shall provide that before
the start of any work program for exploration or field development,
a plan must be submitted satisfactory to the Board for the
employment of Canadians and, in particular, members of the
provincial labour force and for providing manufacturers,
consultants, contractors and service companies in Newfoundland and
other parts of Canada with a full and fair opportunity to
participate in the supply of goods and services used in that work or
activity.In its review of Canada and Newfoundland benefits plans,
the Board shall seek to ensure that first consideration is given to
services provided from within Newfoundland, and to goods
manufactured in Newfoundland, where such goods and services are
competitive in terms of fair market price, quality, and delivery.The Board shall also require that any such plans include particular
provisions, consistent with the Canadian Charter of Rights and
Freedoms, to ensure that individuals resident in Newfoundland are
given first consideration for training and employment opportunities
in the work program for which the plan was submitted.Plans submitted to the Board, for the use of goods
and services and for employment, including plans for any specified
purchases, shall be reviewed by the Board in consultation with both
governments which shall advise the Board on the extent to which they
provide for full, fair and competitive access. Both governments will
attempt to provide a common view to the Board, but where this is not
possible, the decision on employment and procurement plans approval
shall rest with the Board. The Board shall have the authority to
approve such plans subject to the power of joint ministerial
direction set out in clause 33.The appropriate Federal and Provincial Ministers shall conclude a
REGIONAL SECURITY OF SUPPLY
Memorandum of Understanding regarding the coordination of industrial
and employment benefits by the Board and with respect to the
industrial and employment benefits review and evaluation procedures
to be followed by both governments and the Board.Hydrocarbons produced from the offshore area will be made available
RESEARCH AND DEVELOPMENT AND EDUCATION AND
to Newfoundland and Labrador on commercial terms to meet both total
end use consumption and the feedstock requirements of industrial
facilities in place on the day that legislation implementing this
Accord is proclaimed. Similarly, feedstock availability shall be
ensured, on commercial terms, for new industrial facilities in
Newfoundland and Labrador, provided such feedstock is excess to
feedstock required to meet the demand of presently existing
industrial capacity in eastern Canada.
TRAININGBenefits plans submitted pursuant to clause 51 shall provide for
ENVIRONMENTAL STUDIES REVOLVING FUND
expenditures to be made on research and development, and education
and training, to be conducted within the province. Expenditures made
by companies active in the offshore pursuant to this requirement
shall be approved by the Board.The Environmental Studies Revolving Fund (ESRF) will continue to be
LEGISLATION
considered a national program with a central administration. One
Newfoundland member of the Board will be appointed to the ESRF
Advisory Board. In addition, the ESRF annual budget will be reviewed
by the Board,
and the application of related levies
in the Newfoundland offshore shall be subject to Board
approval.Each government shall, within one year of the signing of this
Accord, introduce the legislation necessary to implement the Accord
and support it as a government measure.The legislation implementing the Accord shall replace and supersede
the federal Canada Oil and Gas Act and the Oil and Gas Production
and Conservation Act and the provincial Petroleum and Natural Gas
Act as it applies in the offshore area. All other federal and
provincial legislation which is presently applicable to the
management of the oil and gas resources in the offshore area will
continue to apply.Notwithstanding clause 58, to the extent that the provisions of the
Canada Oil and Gas Act and the Oil and Gas Production and
Conservation Act and Regulations are consistent with this Accord,
they will be retained in the legislation and regulations
implementing the Accord.Except by mutual consent, neither government will introduce
amendments to the legislation or regulations implementing the
Accord.The Government of Canada will introduce in Parliament legislation
to extend federal laws to apply to activities in the offshore, and
apply appropriate provincial laws, including social legislation such
as occupational health and safety legislation and other legislation
designed to protect workers.Federal courts shall be invested with jurisdiction in the offshore
COORDINATION
area in respect of any matter to the same extent as if the matter
had arisen within their ordinary jurisdiction. Provincial courts
shall be invested with jurisdiction in the offshore region in
respect of any matter arising under the laws made applicable by
Parliament to the offshore region to the same extent as if the
matter had arisen within their ordinary territorial jurisdiction.
For the purpose of this paragraph, the offshore region shall be
deemed to be within the territorial limits of the judicial centre of
St. John’s as defined in the District Court Act, 1977.The Board shall conclude Memoranda of Understanding with the
CONSTITUTIONAL ENTRENCHMENT
government departments and agencies having continuing
responsibilities in the offshore area for environmental and safety
regulation and for emergency measures with a view to ensuring
effective coordination and minimum duplication.The Government of Canada agrees that should the Government of
TRANSITIONAL
Newfoundland and Labrador achieve the requisite support among the
other provinces for the constitutional entrenchment of the Accord
that it would introduce a mutually agreeable resolution into
Parliament.Pending the enactment of legislation implementing the Accord, the
Government of Canada and the Government of Newfoundland and Labrador
agree to take all possible steps to set up the Board and administer
existing legislation within the spirit of this Accord.Subject to clause 36, interests created before the proclamation of
OTHER MINERALS
the legislation implementing the Accord shall continue and shall be
administered by the Board in accordance with the legislation.In the event that exploration, production and development of
AREA COVERED BY ACCORD
minerals other than petroleum in the offshore area become feasible
in the future, the two governments agree to enter into discussions
regarding their exploration, development and production.The area covered by this Accord is that area below the low
water mark lying off the coast of Newfoundland and Labrador out to
the outer edge of the continental margin, coming within Canada’s
jurisdiction being north and east and south of the appropriate lines
of demarcation between Newfoundland, the adjacent provinces, and the
Northwest Territories.
Dated at St. John’s this 11th day of February, 1985
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