Part INoticePublished: June 18, 2022

Offshore Petroleum Penalty Classifications Updated

Canada Gazette, Part I, Volume 156, Number 25: Regulations amending the Canada-Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations

Proposed amendments published June 18, 2022 would replace Parts 2–4 of Schedule 1 of the Canada‑Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations to reclassify hundreds of provisions of the Canada‑Nova Scotia Offshore Area Petroleum Operations Framework Regulations as Type A or Type B for administrative penalties. The amendments take effect when the Framework Regulations come into force (or on registration if later) and interested parties were invited to make written representations within 30 days (by 2022-07-18).

Published
June 18, 2022
Department
Unavailable
Section
REGULATORY IMPACT ANALYSIS STATEMENT
Comment deadline
July 18, 2022
Effective date
Unavailable
Publication part
Part I

Summary

Summary#

This is a proposed amendment to the Canada‑Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations published June 18, 2022. It replaces Parts 2–4 of Schedule 1 to update which rules in the offshore operations framework are classed as Type A or Type B for administrative penalties.

What it does#

  • Replaces Parts 2 to 4 of Schedule 1 of the Canada‑Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations with a new list that assigns many individual provisions of the Canada‑Nova Scotia Offshore Area Petroleum Operations Framework Regulations to either Type A or Type B.
  • Sets the timing: the amendments take effect on the day the Canada‑Nova Scotia Offshore Area Petroleum Operations Framework Regulations come into force, or on the day these amending regulations are registered if that happens later.
  • Invites public feedback: interested people may make written representations within 30 days of publication (i.e., by July 18, 2022).

Note: the notice lists hundreds of specific provisions and their Type A/Type B classifications. It does not explain the dollar amounts tied to each type in this text.

Who's affected#

  • Operators and contractors working in the Canada–Nova Scotia offshore petroleum area covered by the Canada‑Nova Scotia Offshore Area Petroleum Operations Framework Regulations.
  • Companies and compliance teams responsible for meeting offshore safety, environmental and operational rules.
  • Regulators who enforce administrative monetary penalties under the Canada‑Nova Scotia Offshore Petroleum Administrative Monetary Penalties Regulations.
  • Members of the public or groups who want to comment on the proposed changes (see contact below).

Contact for comments (from the notice): Cheryl McNeil, Senior Policy Advisor, Offshore Petroleum Management Division, Department of Natural Resources (email given in the original notice).

Why it matters#

  • The change adjusts which specific regulatory breaches are put into the two penalty categories. That affects how breaches are fined when they are enforced.
  • For companies, this can change the financial and compliance risk of particular failures to follow offshore rules.
  • Because this is a proposed change (Part I notice), affected parties had an opportunity to comment before it could be finalized.

Key topics

Canada‑Nova Scotia Offshore Petroleum Administrative Monetary Penalties RegulationsCanada-Nova Scotia Offshore Area Petroleum Operations Framework RegulationsCanada-Nova Scotia Offshore Petroleum Resources Accord Implementation ActSchedule 1, Parts 2–4Type AType Badministrative monetary penaltiesoffshore petroleumoffshore operationsDepartment of Natural Resourcespenalty classificationscompliancepublic consultation30-day comment period

Source: Canada Gazette

Official source