GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Petroleum Resources Act — C-8.5
commercial discovery means a discovery of petroleum that has been demonstrated to contain petroleum reserves that justify the investment of capital and effort to bring the discovery to production; ( découverte exploitable )
Canada Petroleum Resources Act — C-8.5
commercial discovery area means, in relation to a declaration of commercial discovery made pursuant to subsection 35(1) or (2), those frontier lands described in the declaration; ( périmètre de découverte exploitable )
Canada Petroleum Resources Act — C-8.5
Crown reserve lands means frontier lands in respect of which no interest is in force; ( réserves de l’État )
Canada Petroleum Resources Act — C-8.5
former exploration agreement means an exploration agreement under the Canada Oil and Gas Land Regulations ; ( ancien accord d’exploration )
Canada Petroleum Resources Act — C-8.5
former lease means an oil and gas lease under the Canada Oil and Gas Land Regulations ; ( ancienne concession )
Canada Petroleum Resources Act — C-8.5
former permit means an exploratory permit under the Canada Oil and Gas Land Regulations ; ( ancien permis )
Canada Petroleum Resources Act — C-8.5
former special renewal permit means a special renewal permit under the Canada Oil and Gas Land Regulations ; ( ancien permis spécial de renouvellement )
Canada Petroleum Resources Act — C-8.5 (a)
frontier lands means lands that belong to Her Majesty in right of Canada, or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources, and that are situated in (a) that part of the onshore that is under the administration of a federal minister, (b) Nunavut, (c) Sable Island, (d) the submarine areas in that part — of the internal waters of Canada or the territorial sea of Canada — that is not situated (i) in a province other than the Northwest Territories, or (ii) in that part of the onshore that is not under the administration of a federal minister, or (e) the continental shelf of Canada, but does not include the adjoining area, as defined in section 2 of the Yukon Act ; ( terres domaniales )
Canada Petroleum Resources Act — C-8.5
gas means natural gas and includes all substances, other than oil, that are produced in association with natural gas; ( gaz )
Canada Petroleum Resources Act — C-8.5
holder or interest holder means, in respect of an interest or a share therein, the person indicated, in the register maintained pursuant to Part VIII, as the holder of the interest or the share;
Canada Petroleum Resources Act — C-8.5
interest means any former exploration agreement, former lease, former permit, former special renewal permit, exploration licence, production licence or significant discovery licence; ( titre )
Canada Petroleum Resources Act — C-8.5
interest owner means the interest holder who holds an interest or the group of interest holders who hold all of the shares in an interest;
Canada Petroleum Resources Act — C-8.5 (a)
Minister means (a) in relation to any lands in respect of which the Minister of Natural Resources has administrative responsibility for the natural resources therein, the Minister of Natural Resources, and (b) in relation to any lands in respect of which the Minister of Northern Affairs has administrative responsibility for the natural resources therein, the Minister of Northern Affairs; ( ministre )
Canada Petroleum Resources Act — C-8.5 (a)
oil means (a) crude oil, regardless of gravity, produced at a well head in liquid form, and (b) any other hydrocarbons, except coal and gas, and, without limiting the generality of the foregoing, hydrocarbons that may be extracted or recovered from deposits of oil sand, bitumen, bituminous sand, oil shale or from any other types of deposits on the surface or subsurface or the seabed or its subsoil of any frontier lands; ( pétrole )
Canada Petroleum Resources Act — C-8.5
onshore has the same meaning as in section 2 of the Northwest Territories Act ; ( région intracôtière )
Canada Petroleum Resources Act — C-8.5
petroleum means oil or gas; ( hydrocarbures )
Canada Petroleum Resources Act — C-8.5 (a)
prescribed means (a) in the case of a form or the information to be given on a form, prescribed by the Minister, and (b) in any other case, prescribed by regulations made by the Governor in Council;
Canada Petroleum Resources Act — C-8.5
share means, with respect to an interest, an undivided share in the interest or a share in the interest held in accordance with section 23; ( fraction )
Canada Petroleum Resources Act — C-8.5
significant discovery means a discovery indicated by the first well on a geological feature that demonstrates by flow testing the existence of hydrocarbons in that feature and, having regard to geological and engineering factors, suggests the existence of an accumulation of hydrocarbons that has potential for sustained production; ( découverte importante )
Canada Petroleum Resources Act — C-8.5
significant discovery area means, in relation to a declaration of significant discovery made pursuant to subsection 28(1) or (2), those frontier lands described in the declaration. ( périmètre de découverte importante )
Canada Petroleum Resources Act — C-8.5 4
Giving notice 4 Where a notice is required to be given under this Act or the regulations, it shall be given in such form and manner as may be prescribed and shall contain such information as may be prescribed. R.S., 1985, c. 36 (2nd Supp.), s. 4; 1992, c. 1, s. 144(F)
Canada Petroleum Resources Act — C-8.5 5
Application 5 This Act applies to all frontier lands.
Canada Petroleum Resources Act — C-8.5 6
Binding on Her Majesty 6 This Act is binding on Her Majesty in right of Canada or a province.
Canada Petroleum Resources Act — C-8.5 7
Delegation 7 The Minister may designate any person to exercise the powers and perform the duties and functions under this Act that are specified in the designation and on that designation that person may exercise those powers and shall perform those duties and functions subject to such terms and conditions, if any, as are specified in the designation.
Canada Petroleum Resources Act — C-8.5 8
Advisory bodies 8 (1) The Minister may from time to time appoint and fix the terms of reference of such advisory bodies as the Minister considers appropriate to advise the Minister with respect to such matters relating to the administration or operation of this Act or the Canada Oil and Gas Operations Act as are referred to them by the Minister. Remuneration (2) The members of any advisory body appointed under subsection (1) may be paid for their services such remuneration and expenses as are fixed by the Governor in Council. R.S., 1985, c. 36 (2nd Supp.), s. 8; 1992, c. 35, s. 34
Canada Petroleum Resources Act — C-8.5 9
Appointment of representative 9 (1) Where an interest owner consists of two or more holders, those holders shall, in the manner prescribed, appoint one of their number to act as representative of the interest owner for the purposes of this Act, but the holders may, with the consent of the Minister, appoint different representatives for different purposes. Designation of representative (2) In the event that an interest owner consisting of two or more holders fails to appoint a representative for any of the purposes of this Act, the Minister may designate one of those holders as the representative of the interest owner for those purposes. Acts or omissions of representative binding (3) An interest owner is bound by the acts or omissions of the appointed or designated representative of that interest owner with respect to any matter to which the authority of the representative extends. Duties of representative (4) A representative of an interest owner appointed or designated under this section shall perform the duties in respect of the purposes for which he has been appointed or designated, and any operating agreement or other similar arrangement in force in respect of the relevant interest of that interest owner stands varied or amended to the extent necessary to give effect to this subsection.
Canada Petroleum Resources Act — C-8.5 10
No issuance of interests in respect of certain lands 10 (1) The Governor in Council may, by order, for such purposes and under such conditions as may be set out in the order, prohibit the issuance of interests in respect of such frontier lands as are specified in the order. Presumption (2) Where any frontier lands are, pursuant to the Territorial Lands Act , withdrawn from disposition or set apart and appropriated for any purposes and under any conditions, the issuance of interests in relation to such lands is deemed to be prohibited pursuant to subsection (1) for those purposes and under those conditions.
Canada Petroleum Resources Act — C-8.5 11
Surrender of interests 11 (1) An interest owner may, in the manner prescribed and subject to any requirements that may be prescribed respecting the minimum geographical area to which an interest may relate, surrender an interest in respect of all or any portion of the frontier lands subject to the interest. Debts due to Her Majesty not affected (2) Any liability of an interest owner or interest holder to Her Majesty in right of Canada, either direct or by way of indemnity, that exists at the time of any surrender under subsection (1) is not affected by the surrender.
Canada Petroleum Resources Act — C-8.5 12
Orders to prohibit activities in certain circumstances 12 (1) The Governor in Council may, by order, prohibit any interest owner or any other person from commencing or continuing any work or activity authorized under the Canada Oil and Gas Operations Act on the frontier lands, or any portion of them, if the Governor in Council considers that it is in the national interest to do so or that it is necessary in any of the following circumstances: (a) a disagreement with any government concerning the location of an international boundary; (b) an environmental or social problem of a serious nature; (c) dangerous or extreme weather conditions affecting the health or safety of people or the safety of equipment; or (d) the designation of a marine protected area under subsection 35(3) or 35.1(2) of the Oceans Act . Suspension of requirements in relation to interest (2) Where, by reason of an order made under subsection (1), any requirement in relation to an interest cannot be complied with while the order is in force, compliance with the requirement is suspended until the order is revoked. Extension of term of interest (3) Notwithstanding any other provision in this Act, the term of an interest that is subject to an order under subsection (1) and the period provided for compliance with any requirement in relation to the interest are extended for a period equal to the period that the order is in force. Relieving authority not affected (4) Nothing in this section affects the authority of the Minister to relieve a person from any requirement in relation to an interest or under this Act or the regulations. R.S., 1985, c. 36 (2nd Supp.), s. 12; 2015, c. 4, s. 29(F) 2019, c. 8, s. 19 2019, c. 19, s. 85
Canada Petroleum Resources Act — C-8.5 12.1
Negotiations for compensation 12.1 (1) The Minister may enter into negotiations with an interest owner, in respect of all or any portion of the frontier lands subject to the interest, for a determination of any compensation that may be granted to the interest owner for the surrender of the interest to Her Majesty in right of Canada, if (a) the interest is located in a marine protected area that is designated under the Oceans Act or in an area of the sea that, in the opinion of the Minister of Fisheries and Oceans, may be designated as a marine protected area under that Act; and (b) the Minister of Fisheries and Oceans recommends that the interest be cancelled to give effect to the purpose of the designation or proposed designation of the marine protected area under section 35 of the Oceans Act . Notice (2) For the purposes of subsection (1), the Minister shall send a notice to the interest owner informing the interest owner of the Minister’s intent to enter into negotiations with the interest owner within the period specified in the notice. Power to cancel (3) The Minister may, by order, cancel the interest in respect of all or any portion of the frontier lands, if (a) the interest owner did not enter into negotiations with the Minister within the period specified in the notice sent to the interest owner; (b) in the opinion of the Minister, the compensation to be granted to the interest owner for the surrender of the interest has not been determined during the negotiations within a reasonable time; or (c) in the opinion of the Minister, the negotiations do not result in the surrender of the interest by the interest owner within a reasonable time even though the compensation to be granted to the interest owner has been determined during the negotiations. Amount of compensation (4) The Minister shall, in the order, specify the amount of the compensation to be granted to the interest owner in respect of the cancellation of the interest. Interest becomes reserve lands (5) If the interest referred to in subsection (1) is surrendered or cancelled in respect of all or any portion of the frontier lands, the lands or portions of lands that are subject to the interest become Crown reserve lands. Return of deposit (6) If the interest referred to in subsection (1) is surrendered or cancelled, any deposit balance with respect to the interest held by Her Majesty in right of Canada on behalf of the interest owner shall be returned to the interest owner, less any liability, either direct or by way of indemnity, owed by the interest owner to Her Majesty in right of Canada at the time of the surrender or cancellation. 2019, c. 8, s. 20
Canada Petroleum Resources Act — C-8.5 12.2
Compensation — surrender 12.2 (1) If the interest owner surrenders an interest referred to in subsection 12.1(1), Her Majesty in right of Canada may grant any compensation that is determined by negotiations with the Minister. Compensation — cancellation (2) If the Minister cancels an interest referred to in subsection 12.1(1), Her Majesty in right of Canada may grant to the interest owner the compensation that is specified in an order made by the Minister under subsection 12.1(3), subject to section 106 in respect of the amount of that compensation. No compensation (3) A person shall not have any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any servant or agent or mandatary of Her Majesty in right of Canada for any acquired, vested, future or potential right or entitlement that is affected by a surrender or cancellation of an interest referred to in subsection 12.1(1), other than compensation that may be granted to an interest owner under this section. 2019, c. 8, s. 20
Canada Petroleum Resources Act — C-8.5 13
Authority to issue interests 13 (1) The Minister may issue interests in respect of any frontier lands in accordance with this Act and the regulations. Application of interest may be limited (2) Subject to subsection (3), the application of any interest may be restricted to such geological formations and to such substances as may be specified in the interest. Non-retrospective effect of subsection (2) (3) Subsection (2) does not apply to any interest (a) that is in force or in respect of which negotiations were completed before or on the coming into force of this section in relation to any frontier lands; or (b) that immediately succeeds an interest referred to in paragraph (a) in relation to those lands where those lands were not Crown reserve lands on the expiration of the interest referred to in paragraph (a).
Canada Petroleum Resources Act — C-8.5 14
Calls for bids 14 (1) Subject to section 17, the Minister shall not issue an interest in relation to Crown reserve lands unless (a) prior thereto, the Minister has made a call for bids in relation to those Crown reserve lands by publishing a notice in accordance with this section and section 19; and (b) the interest is issued to the person who submitted, in response to the call, the bid selected by the Minister in accordance with subsection 15(1). Requests for postings of frontier lands (2) Any request received by the Minister to make a call for bids in relation to particular frontier lands shall be considered by the Minister in selecting the frontier lands to be specified in a call for bids. Contents of call (3) A call for bids shall specify (a) the interest to be issued and the frontier lands to which the interest is to apply; (b) where applicable, the geological formations and substances to which the interest is to apply; (c) the other terms and conditions subject to which the interest is to be issued; (d) any terms and conditions that a bid must satisfy to be considered by the Minister; (e) the form and manner in which a bid is to be submitted; (f) subject to subsection (4), the closing date for the submission of bids; and (g) the sole criterion that the Minister will apply in assessing bids submitted in response to the call. Time of publishing call (4) Unless otherwise prescribed, a call for bids shall be published at least one hundred and twenty days before the closing date for the submission of bids specified in the call.
Canada Petroleum Resources Act — C-8.5 15
Selection of bid 15 (1) A bid submitted in response to a call for bids shall not be selected unless (a) the bid satisfies the terms and conditions and is submitted in the form and manner specified in the call; and (b) the selection is made on the basis of the criterion specified in the call. Publication of bid selected (2) Where the Minister selects a bid submitted in response to a call for bids, the Minister shall publish a notice in accordance with section 19 setting out the terms and conditions of that bid. Interest to be consistent with bid (3) Where an interest is to be issued as a result of a call for bids, the terms and conditions of the interest shall be substantially consistent with any terms and conditions in respect of the interest specified in the call. Publication of terms and conditions of interest (4) The Minister shall publish a notice in accordance with section 19 setting out the terms and conditions of any interest issued as a result of a call for bids as soon as practicable after the issuance thereof.
Canada Petroleum Resources Act — C-8.5 16
Issuance of interest not required 16 (1) The Minister is not required to issue an interest as a result of a call for bids. New call required (2) Subject to section 17, where the Minister has not issued an interest with respect to a particular portion of the frontier lands specified in a call for bids within six months after the closing date specified in the call for the submission of bids, the Minister shall, before issuing an interest in relation to that portion of the frontier lands, make a new call for bids.
Canada Petroleum Resources Act — C-8.5 17
Exception to call for bids 17 (1) The Minister may issue an interest, in relation to any Crown reserve lands, without making a call for bids where (a) the frontier lands to which the interest is to apply have, through error or inadvertence, become Crown reserve lands and the interest owner who last held an interest in relation to such lands has, within one year after the time they so became Crown reserve lands, requested the Minister to issue an interest; or (b) the Minister is issuing the interest to an interest owner in exchange for the surrender by the interest owner, at the request of the Minister, of any other interest or a share in any other interest, in relation to all or any portion of the frontier lands subject to that other interest. Notice (2) Where the Minister proposes to issue an interest under subsection (1), he shall, not later than ninety days before issuing the interest, publish a notice in accordance with section 19 setting out the terms and conditions of the proposed interest.
Canada Petroleum Resources Act — C-8.5 18
Interest not vitiated by failure to comply with call procedures 18 Where an interest has been issued, it is not vitiated by reason only of a failure to comply with any of the requirements set out in sections 14 to 17 respecting the form and content of, and time and manner of publishing, any notice required by those sections in relation to that interest.
Canada Petroleum Resources Act — C-8.5 19
Manner of publication of notices 19 Any notice required to be published by the Minister pursuant to subsection 14(1), 15(2) or (4), 17(2) or 25(2) shall be published in the Canada Gazette and in any other publication the Minister deems appropriate and, notwithstanding those subsections, may contain only a summary of the information required to be published and a statement that the full text thereof is available for inspection by any person on request made to the Minister.
Canada Petroleum Resources Act — C-8.5 20
Regulations 20 The Governor in Council may, for the purposes of section 14, make regulations of general application in relation to all frontier lands or any portion thereof, or in respect of any particular call for bids, prescribing the terms, conditions and criterion to be specified in a call for bids, the manner in which bids are to be submitted and requiring those terms and conditions and that criterion and manner to be specified in the call.
Canada Petroleum Resources Act — C-8.5 21
Benefits plan 21 No work or activity on any frontier lands that are subject to an interest shall be commenced until the Minister has approved, or waived the requirement of approval of, a benefits plan in respect of the work or activity pursuant to subsection 5.2(2) of the Canada Oil and Gas Operations Act . R.S., 1985, c. 36 (2nd Supp.), s. 21; 1992, c. 35, s. 35
Canada Petroleum Resources Act — C-8.5 22
Rights under exploration licences 22 An exploration licence confers, with respect to the frontier lands to which the licence applies, (a) the right to explore for, and the exclusive right to drill and test for, petroleum; (b) the exclusive right to develop those frontier lands in order to produce petroleum; and (c) the exclusive right, subject to compliance with the other provisions of this Act, to obtain a production licence.
Canada Petroleum Resources Act — C-8.5 23
Shares 23 A share in an exploration licence may, subject to any requirements that may be prescribed, be held with respect to a portion only of any frontier lands subject to the exploration licence.
Canada Petroleum Resources Act — C-8.5 24
Terms and conditions 24 (1) An exploration licence shall contain such terms and conditions as may be prescribed and may contain any other terms and conditions, not inconsistent with this Act or the regulations, as may be agreed on by the Minister and the interest owner of the licence. Regulations (2) The Governor in Council may make regulations prescribing terms and conditions required to be included in exploration licences issued in relation to all frontier lands or any portion thereof.
Canada Petroleum Resources Act — C-8.5 25
Amendment of exploration licence 25 (1) The Minister and the interest owner of an exploration licence may, by agreement, amend any provision of the exploration licence in any manner not inconsistent with this Act or the regulations and, without limiting the generality of the foregoing, may, subject to subsection (2), amend the licence to include any other frontier lands. Exception (2) The Minister shall not amend an exploration licence to include frontier lands that, immediately prior to the inclusion, were Crown reserve lands unless the Minister would be able to issue an interest to that interest owner in relation to those lands under subsection 17(1) and a notice has been published in accordance with section 19 not later than ninety days before making the amendment, setting out the terms and conditions of the amendment. Consolidation of exploration licences (3) The Minister may, on the application of the interest owners of two or more exploration licences, consolidate those exploration licences into a single exploration licence, subject to any terms and conditions that may be agreed on by the Minister and those interest owners.