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Pipeline Benefits Plan Regulations
made under subsection 44(1) of the
R.S.N.S. 1989, c. 345
O.I.C. 97-718 (November 19, 1997), N.S. Reg. 151/97
1 These regulations may be cited as the Pipeline Benefits Plan Regulations.
2 (1) In these regulations,
(a) “Act” means the Pipeline Act;
(b) “applicant” means a person who applies for a permit pursuant to the Act or any regulations made thereunder;
(c) “benefits plan” means a plan for the employment of, the supply of goods and services by, and the education and training of Nova Scotians by a permit holder or a licence holder and their contractors during the planning, design, construction, operation and abandonment of a pipeline;
(d) “contractor” means anyone who performs work authorized by or on behalf of a permit holder or licence holder, or provides or requires goods or services pursuant to work or operations authorized by a permit holder or licence holder;
(e) “licence holder” means the person or persons who hold a licence issued by the Energy Board;
(f) “Minister” means the President of the Executive Council;
(g) “permit holder” means the person or persons who hold a permit issued by the Energy Board;
(h) “pipeline proponent” means a person who has submitted a benefits plan for approval pursuant to these regulations.
(2) The definitions contained in the Act apply to these regulations except where the context otherwise requires.
Approved benefits plan required
3 (1) Subject to subsection (2), the Energy Board shall not issue a permit unless
(a) the applicant has submitted to the Board a benefits plan, respecting the pipeline, together with a written undertaking that if the applicant is issued a permit, the applicant will take all reasonable measures to ensure that the provisions of the benefits plan are carried out; and
(b) the benefits plan submitted by the applicant pursuant to clause (a) has been approved by the Board.
(2) The Energy Board may issue a permit without the applicant submitting a benefits plan and an undertaking if
(a) the pipeline to which the application relates is less than 5 km long;
(b) the pipeline to which the application relates belongs to a class of pipelines exempted from the provisions of these regulations pursuant to Section 13; or
(c) the Minister, with the approval of the Governor in Council, waives the requirement that a benefits plan be submitted and approved respecting the pipeline to which the application relates.
Form of application
4 A benefits plan shall be submitted to the Energy Board in a form and containing such information as the Board may require.
Approval by Energy Board
5 (1) The Energy Board shall not approve a benefits plan unless the plan provides that
(a) the pipeline proponent will establish in the Province an office where decisions are made at a level of authority that the Board considers appropriate;
(b) individuals residing in the Province will be given first consideration by the pipeline proponent and its contractors for training and employment respecting the pipeline;
(c) where the Board considers appropriate, the pipeline proponent will carry out a program and make expenditures for the promotion of education and training in the Province; and
(d) the pipeline proponent and its contractors will give first consideration to services provided from within the Province and to goods manufactured in the Province, where those services and goods are competitive in terms of fair market price, quality, performance and delivery.
(2) Subject to subsection (1), the Energy Board may approve a benefits plan if, in the Board's opinion, it would be in the public interest to do so.
(3) The Energy Board may make the approval of a benefits plan subject to such terms and conditions as are specified at the time the benefits plan is approved.
Consultation with Ministers
6 The Energy Board shall consult with the Minister and the Minister of Economic Development and Tourism before approving a benefits plan.
[Note: Effective April 9, 2015, the reference to the Minister of Economic Development and Tourism should be read as a reference to the Minister of Business in accordance with Order in Council 2015-116 under the Public Service Act, R.S.N.S. 1989, c. 376.]
Public information sessions
7 Before approving a benefits plan, the Energy Board may require that the applicant make the plan available to the public and hold public information sessions respecting the plan in specified locations.
8 (1) Before approving a benefits plan, the Energy Board may order a public review of the plan and in so doing the Board may
(a) order that the pipeline proponent make the plan available to the public;
(b) establish terms of reference and a timetable that will permit a comprehensive review of the plan;
(c) appoint one or more commissioners or examiners to review the plan; and
(d) cause the commissioners or examiners to hold public hearings at specified locations in the Province and report to the Energy Board.
(2) Subject to such terms and conditions as it may consider necessary, the Board may confer on the commissioners or examiners appointed pursuant to clause 1(c) all of the powers, privileges and immunities conferred on persons appointed as commissioners pursuant to the Public Inquiries Act.
Joint public reviews
9 (1) Where a pipeline, an interconnected pipeline or processing plant, or any portion of a pipeline is subject to a public review required by Her Majesty the Queen in right of Canada, another province, or any other review process of the Province, any agency, board or commission established by or under the laws of the Province, the Energy Board may enter into an agreement with the other party or parties required to hold a public review in order to
(a) clarify what portions of the pipeline are governed by the laws of the respective parties;
(b) provide for the carrying out of a joint public review of the benefits plan, alone or as part of a broader public review;
(c) adopt, for the purposes of the review, all or part of the procedures of another party;
(d) upon such terms and conditions as the Board may specify, delegate the authority to hold a public review of a benefits plan to another party, and require that they report to the Board.
(2) If the Energy Board enters into an agreement respecting a public review pursuant to subsection (1), a public review carried out pursuant to such an agreement shall be deemed to satisfy any requirement of these regulations respecting a public review.
(3) Where a pipeline, interconnected pipeline, processing plant, or any portion of a pipeline has been subject to a public review required by Her Majesty the Queen in right of Canada, another province, or any other review process of the Province, any agency, board or commission established by or under laws of the Province, and there is an agreement in existence among the Province, the Canada-Nova Scotia Offshore Petroleum Board and Her Majesty the Queen in the right of Canada in respect of a joint public review, the review conducted shall be deemed to satisfy any requirement of these regulations respecting a public review and the Energy Board shall receive any recommendations and advice provided under the terms of agreement.
Approval of benefits plan where public review held
10 Despite any other provision of these regulations, where the Energy Board orders a public review of a benefits plan pursuant to Section 8 or enters into an agreement respecting a public review pursuant to Section 9, the Board shall not approve the benefits plan until the public review is complete.
Permit holder to carry out plan
11 If a benefits plan respecting a pipeline has been approved by the Energy Board, it shall be a condition of the permit respecting the pipeline that the permit holder shall take all reasonable measures necessary to ensure that the provisions of the approved benefits plan and any terms and conditions of approval specified by the Board are carried out.
12 (1) Every permit holder who has had a benefits plan approved shall submit a written report to the Energy Board at least every six months during the planning and construction of the pipeline that sets out how and to what extent it has carried out the provisions of the benefits plan, any pertinent factors affecting the implementation of the plan, and measures taken or to be taken to ensure commitments are being or will be fulfilled.
(2) The first report required by subsection (1) shall be submitted to the Energy Board within 180 days of the date on which the permit is issued.
(3) Every licence holder who operates a pipeline for which a benefits plan has been approved shall submit a written report to the Energy Board at least once every 12 months that sets out how and to what extent it has carried out the provisions of the benefits plan.
(4) The first report required by subsection (3) shall be submitted to the Energy Board within one year from the date on which the licence is issued.
Exemptions of classes of pipeline
13 With the approval of the Governor in Council, the Energy Board may exempt any class or classes of pipelines from the provisions of these regulations.
14 These regulations shall come into force on, from and after November 12, 1997.