Sable Offshore Energy Project Regulations
made under Section 4 and clause 6(b) of the
Pipeline Act
R.S.N.S. 1989, c. 345
and subsection 12(1) of the
Energy Resources Conservation Act
R.S.N.S. 1989, c. 147
O.I.C. 97-755 (December 9, 1997), N.S. Reg. 32/2005
The Governor in Council on the report and recommendation of the President of the Executive
Council dated November 27, 1997, pursuant to Section 4 and clause 6(b) of Chapter 345 of the
Revised Statutes of Nova Scotia, 1989, the Pipeline Act, and subsection 12(1) of Chapter 147 of
the Revised Statutes of Nova Scotia, 1989, the Energy and Mineral Resources Conservation
Act, is pleased to
(a) exempt all pipelines required for the Sable Offshore Energy Project that are
located in the Nova Scotia offshore area and any pipelines that carry natural
gas or associated petroleum substances from the Nova Scotia offshore area
to the natural gas processing plant to be constructed at or near Country
Harbour, Guysborough County, from the provisions of the Pipeline Act,
saving and excepting Sections 1 to 9 inclusive, 11 to 13 inclusive, 19 and
20, 22, and 40 to 44 inclusive;
(b) order that effective October 1, 1997, and for so long thereafter as such Sable
Offshore Energy Project pipelines remain in place, the National Energy
Board Act (Canada) and any regulations made thereunder not inconsistent
with regulations made under the Pipeline Act, saving and excepting those
provisions of the Act and regulations respecting Certificates of Public
Convenience and Necessity, leave to open or abandon pipelines and the
approval of traffic, tolls and tariffs, is applicable to such pipelines and that
Act shall have the same force and effect as if enacted by the Legislature;
(c) order that, with respect to such Sable Offshore Energy Project pipelines, the
Energy and Mineral Resources Conservation Board, without giving notice
or holding a hearing, may
(i) upon reviewing a Certificate of Public Convenience and Necessity
issued by the National Energy Board, deem that Certificate of Public
Convenience and Necessity to be a permit under the Pipeline Act and
it shall have the same force and effect as if issued by the Energy and
Mineral Resources Conservation Board under that Act,
(ii) upon reviewing a leave to open or leave to abandon a pipeline
granted by the National Energy Board, deem that leave to open or
abandon to be a licence or consent to abandon, as the case may be,
under the Pipeline Act and it shall have the same force and effect as
if issued by the Energy and Mineral Resources Conservation Board
under that Act, and
(ii) upon reviewing an order or decision of the National Energy Board
respecting traffic, tolls or tariffs made pursuant to Part IV of the
National Energy Board Act, deem that order or decision to be a
determination made by the Energy and Mineral Resources
Conservation Board pursuant to Section 43 of the Pipeline Act and it
shall have the same force and effect as a determination made by the
Energy and Mineral Resources Conservation Board pursuant to that
Section of the Act;
(d) approve the delegation by the Energy and Mineral Resources Conservation
Board of any of the powers, duties or authorities conferred or imposed on
the Board by any enactment to such persons as may be designated by the
Board.
The following regulations are not
yet in force and are not included in the current consolidation: