The Atlantic Accord functions in Newfoundland and Labrador politics in two ways. There is the agreement between the Government of Canada and the provincial government that established the joint management framework for the Newfoundland and Labrador offshore. At the same time, there is the political prop and the associated mythology that has, in largest measure, replaced the actual agreement in both the popular and political/bureaucratic understanding of it.
Provincial Concerns and Objectives
The Atlantic Accord ended a decade of often acrimonious
dispute between the federal and provincial governments over offshore oil and
gas resources. The province had
initially staked its claim to ownership of the resource in 1975, based on the
premise that Newfoundland and Labrador brought the resources with them
at the time of Confederation and had retained jurisdiction over them.
The Supreme Court of Canada ended the dispute in its decision
on a reference from the Government of Canada. The Court found that, for several reasons, the
right to explore and exploit offshore resources and the legislative
jurisdiction to do so lay with the federal government. The court decided that,
in addition to other considerations, control of the offshore was a function of
Canada’s international status. Under the
Terms
of Union, this part of Newfoundland’s pre-Confederation legal status
transferred to the federal government.
The Supreme Court of Newfoundland and Labrador Court of
Appeal addressed a reference from the provincial government that also concluded
the federal government had jurisdiction over the offshore.