|
Offshore Oil &
Gas
LAW, LEGISLATION AND CURRENT GOVERNANCE
International
Laws & Conventions:
International law
and convention is one of the most fundamental parts of offshore
regulation. The Convention on the Law of the Sea recognizes a coastal
state's right to explore and exploit the mineral and other natural resources on
its continental shelf. The definition of "continental shelf" is
also contained UNCLOS III.
Convention
on the Law of the Sea (UNCLOS III)
International
Convention for the Prevention of Pollution from Ships, 1973
International
Convention on Civil Liability
for Oil Pollution
International
Bodies
United
States/British
Columbia Oil Spill Task Force
Canadian
Case law
The Supreme Court
of Canada decisions regarding jurisdiction and property rights to seabed and
minerals:
The Hibernia Reference (1984)
This case was about the Newfoundland
governments' claim for jurisdiction and property rights over the seabed in the
area of the Hibernia reservoir. The Supreme Court found that the seabed
and minerals were the property and within the exclusive jurisdiction of the
Federal government.
The British Columbia
Offshore Mineral Rights Reference (1967)- The case was about the same issue
as the Hibernia Reference, and the finding was the same.
The Georgia Straight Reference (1984) - This case was about the Province of
British Columbia's claim to jurisdiction and property rights over the seabed
between Vancouver Island and the mainland, particularly Queen Charlotte Strait,
Johnstone Strait, Georgia Strait, and Juan de Fuca Strait. The Supreme Court
found that because these areas were not part of the "Pacific Ocean",
as stated in the colonizing legislation, they were therefore inside the
boundaries of the Province and therefore within the jurisdiction and being the
property of the Province.
The Hecate Straight Reference? - Whether a Hecate Strait Reference will be
necessary will depend on the will of the Provincial government on their
intention with respect to claiming jurisdiction and property rights over the
area. Discussions on this issue can be found in the discussions
section.
Legislation
Federal
Canada
Oceans Act - The Canada Oceans Act, enacted in 1996, repealed and
replaced the Canada Laws Offshore Application Act and the Territorial
Sea and Fishing Zone Act.
Canada
Shipping Act - The Canada Shipping Act is still important, but
portions of it that refer to liability for oil pollution have been moved to the Marine
Liability Act.
Marine
Liability Act - The Marine
Liability Act came into force in August of 2001, though is
not available in
electronic form yet. Bill S-2 is the same in from and may be referred to
above.
Canada
Oil and Gas Operations Act
Canada
Petroleum Resources Act
Canada
Oil and Gas Geophysical Operations Regulations
Canada
Labour Code
Provincial
Legislation
Pipeline
Act
Oil
and Gas Commission Act
Petroleum
and Natural Gas Act
Employment
Standards Act
Worker
Compensation Act
Agencies
Federal
Agencies:
National
Energy Board
Energy
Council of Canada
Environmental
Assessment Agency
Environment
Canada
Fisheries
and Oceans Canada
Justice
Canada
Transportation
Safety Board
Transport
Canada
Industry
Canada
Natural
Resources Canada
Frontier
Lands Management Division
Provincial
Bodies & Agencies:
Provincial
Government Homepage
Northern
Development Commission - homepage
BC
Oil and Gas Commission
Ministry
of Energy and Mines
Ministry
of Agriculture Food and Fisheries
Ministry
of Sustainable Resource Management
Ministry
of Water, Land and Air Protection
The Moratiums
The current federal and
provincial moratoriums that are in place on the BC coast are effected by Orders
in Council ("OICs"). We are currently tracing a copies of these
documents for this site. The
OICs can be repealed easily.
|
