GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Oil and Gas Operations Act — O-7 14.1
Amendments to Schedule 1 or 2 14.1 (1) The Governor in Council may, by order, amend Schedule 1 or 2 to add, amend or remove a reference to a federal Act or regulation, or to a provision of a federal Act or regulation. Recommendation (2) The order shall be made on the recommendation of the Minister and every minister responsible for the administration of the provision. 2015, c. 4, s. 15
Canada Oil and Gas Operations Act — O-7 14.2
List of spill-treating agents 14.2 The Minister of the Environment may, by regulation, establish a list of spill-treating agents. 2015, c. 4, s. 15
Canada Oil and Gas Operations Act — O-7 15
Publication of proposed regulations 15 (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under this Act shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to interested persons to make representations to the Minister with respect thereto. Single publication required (2) No proposed regulation need be published more than once under subsection (1) whether or not it is altered or amended after that publication as a result of representations made by interested persons as provided in that subsection. 1980-81-82-83, c. 81, s. 78
Canada Oil and Gas Operations Act — O-7 15.1
Orders and regulations — Commission of the Canadian Energy Regulator 15.1 The Commission of the Canadian Energy Regulator may make orders or regulations prohibiting activities within an area specified in the order or regulation around a pipeline, an abandoned pipeline or other work, authorizing exceptions to those prohibitions and specifying measures to be taken in relation to those exceptions. 2015, c. 21, s. 43 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 16
Equivalent standards and exemptions 16 (1) Subject to subsection (2), the Chief Safety Officer and Chief Conservation Officer may (a) authorize the use of equipment, methods, measures or standards in lieu of any required by regulation, where those Officers are satisfied that the use of that other equipment and those other methods, measures or standards would provide a level of safety, protection of the environment and conservation equivalent to that provided by compliance with the regulations; or (b) grant an exemption from any regulatory requirement in respect of equipment, methods, measures or standards, where those Officers are satisfied with the level of safety, protection of the environment and conservation that will be achieved without compliance with that requirement. One officer authorizations (2) The Chief Safety Officer alone may exercise the powers referred to in paragraph (1)(a) or (b) if the regulatory requirement referred to in that paragraph does not relate to protection of the environment or conservation, and the Chief Conservation Officer alone may exercise those powers if that regulatory requirement does not relate to safety. No contravention (3) No person contravenes the regulations if that person acts in compliance with an authorization or exemption under subsection (1) or (2). R.S., 1985, c. O-7, s. 16; 1992, c. 35, s. 15
Canada Oil and Gas Operations Act — O-7 16.1
Emergency situations 16.1 (1) In a prescribed emergency situation, where the Minister is of the opinion that there is a conflict between the provisions of this Act or the regulations and the provisions of another federal law, other than provisions implementing an international treaty or convention to which Canada is a party, and that compliance with that law and this Act or the regulations is likely to create a situation that would seriously endanger the safety of persons or equipment, the Minister may issue a written declaration to that effect. Contents of declaration (2) A declaration made under subsection (1) must (a) describe the emergency situation; (b) specify the provisions that conflict and describe the nature of the conflict; (c) describe the consultation that has taken place pursuant to subsection (4); (d) describe the geographical area, person, work or activity affected by the declaration; and (e) specify the time the declaration comes into effect. Effect of declaration (3) From the time specified in a declaration made under subsection (1), the provisions of this Act or the regulations specified therein prevail, in respect of the geographical area, person, work or activity described therein, over the provisions of the other federal law specified therein until such time as the Minister or the Governor in Council revokes the declaration. Consultation (4) Before the Minister makes or revokes a declaration under this section, the minister responsible for the federal law that, in the Minister’s opinion, is in conflict with this Act or the regulations shall be consulted. Submission for revocation (5) The minister responsible for a federal law that is specified in a declaration made under subsection (1) may submit the declaration to the Governor in Council for revocation. Not a statutory instrument (6) A declaration or a revocation made under this section is not a regulation within the meaning and for the purposes of the Statutory Instruments Act , but shall be published in the Canada Gazette within seven days after it is made. 1992, c. 35, s. 15
Canada Oil and Gas Operations Act — O-7 17
Production orders 17 (1) Where the Chief Conservation Officer, on reasonable grounds, is of the opinion that, with respect to an interest in any area to which this Act applies, the capability exists to commence, continue or increase production of oil or gas and that a production order would stop waste, the Chief Conservation Officer may order the commencement, continuation or increase of production of oil or gas at such rates and in such quantities as are specified in the order. Ceasing production (2) Where the Chief Conservation Officer, on reasonable grounds, is of the opinion that an order under this section would stop waste, the Chief Conservation Officer may order a decrease or the cessation or suspension of production of oil or gas for any period specified in the order. Investigation and appeal (3) Subsections 19(2) to (4) and section 21 apply, with such modifications as the circumstances require, to an order under subsection (1) or (2) as if it were an order under subsection 19(1). Access to files and records (4) A person subject to an order under subsection (1) or (2) shall, on request, afford the Chief Conservation Officer or a person designated by the Chief Conservation Officer access to his premises, files and records for all reasonable purposes related to the order. R.S., 1985, c. O-7, s. 17; 1992, c. 35, s. 16
Canada Oil and Gas Operations Act — O-7 18
Waste prohibited 18 (1) Subject to section 63, any person who commits waste is guilty of an offence under this Act, but a prosecution may be instituted for such an offence only with the consent of the Commission of the Canadian Energy Regulator. Definition of “waste” (2) In this Act, waste , in addition to its ordinary meaning, means waste as understood in the oil and gas industry and in particular, but without limiting the generality of the foregoing, includes (a) the inefficient or excessive use or dissipation of reservoir energy; (b) the locating, spacing or drilling of a well within a field or pool or within part of a field or pool or the operating of any well that, having regard to sound engineering and economic principles, results or tends to result in a reduction in the quantity of oil or gas ultimately recoverable from a pool; (c) the drilling, equipping, completing, operating or producing of any well in a manner that causes or is likely to cause the unnecessary or excessive loss or destruction of oil or gas after removal from the reservoir; (d) the inefficient storage of oil or gas above ground or underground; (e) the production of oil or gas in excess of available storage, transportation or marketing facilities; (f) the escape or flaring of gas that could be economically recovered and processed or economically injected into an underground reservoir; or (g) the failure to use suitable artificial, secondary or supplementary recovery methods in a pool when it appears that those methods would result in increasing the quantity of oil or gas, or both, ultimately recoverable under sound engineering and economic principles. R.S., 1985, c. O-7, s. 18; 1994, c. 10, s. 15 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 19
Prevention of waste 19 (1) Where the Chief Conservation Officer, on reasonable grounds, is of the opinion that waste, other than waste as defined in paragraph 18(2)(f) or (g), is being committed, the Chief Conservation Officer may, subject to subsection (2), order that all operations giving rise to the waste cease until he is satisfied that the waste has stopped. Investigation (2) Before making any order under subsection (1), the Chief Conservation Officer shall hold an investigation at which interested persons shall be given an opportunity to be heard. Peremptory order (3) Notwithstanding subsection (2), the Chief Conservation Officer may, without an investigation, make an order under this section requiring all operations to be shut down if in the opinion of the Chief Conservation Officer it is necessary to do so to prevent damage to persons or property or to protect the environment, but as soon as possible after making such an order and in any event within fifteen days thereafter, the Chief Conservation Officer shall hold an investigation at which interested persons shall be given an opportunity to be heard. Order after inquiry (4) At the conclusion of an investigation under subsection (3), the Chief Conservation Officer may set aside, vary or confirm the order made or make a new order. R.S., 1985, c. O-7, s. 19; 1992, c. 35, s. 17
Canada Oil and Gas Operations Act — O-7 20
Taking over management 20 (1) For the purpose of giving effect to an order made under section 19, the Chief Conservation Officer may authorize and direct such persons as may be necessary to enter the place where the operations giving rise to the waste are being carried out and take over the management and control of those operations and any works connected therewith. Controlling operations and costs thereof (2) A person authorized under subsection (1) to take over the management and control of operations shall manage and control the operations and do all things necessary to stop the waste, and the cost thereof shall be borne by the person who holds the permit or the lease and until paid constitutes a debt recoverable by action in any court of competent jurisdiction as a debt due to Her Majesty in right of Canada. R.S., 1985, c. O-7, s. 20; 1992, c. 35, s. 18(F)
Canada Oil and Gas Operations Act — O-7 21
Appeal 21 A person aggrieved by an order of the Chief Conservation Officer under section 17 or 19 after an investigation under subsection 19(2) or (3) may appeal to the Commission of the Canadian Energy Regulator to have the order reviewed under section 384 of the Canadian Energy Regulator Act . R.S., 1985, c. O-7, s. 21; 1992, c. 35, s. 19(F); 1994, c. 10, s. 8 2019, c. 28, s. 134
Canada Oil and Gas Operations Act — O-7 22
Waste occuring 22 When the Chief Conservation Officer, on reasonable grounds, is of the opinion that waste , as defined in paragraph 18(2)(f) or (g), is occurring in the recovery of oil or gas from a pool, that Officer may apply to the Commission of the Canadian Energy Regulator for an order under section 385 of the Canadian Energy Regulator Act requiring the operators within the pool to show cause why the Commission should not make a direction in respect of the waste. R.S., 1985, c. O-7, s. 22; 1992, c. 35, s. 20(F); 1994, c. 10, s. 8 2019, c. 28, s. 134
Canada Oil and Gas Operations Act — O-7 24
Definition of spill 24 (1) In sections 25 to 28, spill means a discharge, emission or escape of oil or gas, other than one that is authorized under subsection 25.4(1), the regulations or any other federal law. It does not include a discharge from a vessel to which Part 8 or 9 of the Canada Shipping Act, 2001 applies or from a ship to which Part 6 of the Marine Liability Act applies. Definition of actual loss or damage (2) In section 26, actual loss or damage includes loss of income, including future income, and, with respect to any Aboriginal peoples of Canada, loss of hunting, fishing and gathering opportunities. It does not include loss of income recoverable under subsection 42(3) of the Fisheries Act . Definition of debris (3) In sections 26 to 27 and 28, debris means any installation or structure that was put in place in the course of any work or activity required to be authorized under paragraph 5(1)(b) and that has been abandoned without an authorization that may be required by or under this Act, or any material that has broken away or been jettisoned or displaced in the course of any of that work or activity. Immunity (4) Her Majesty in right of Canada incurs no liability whatever to any person arising out of the authorization by regulations made by the Governor in Council of any discharge, emission or escape of oil or gas. R.S., 1985, c. O-7, s. 24; R.S., 1985, c. 36 (2nd Supp.), s. 123, c. 6 (3rd Supp.), s. 92; 1992, c. 35, s. 22; 2001, c. 6, s. 117, c. 26, ss. 315, 324; 2015, c. 4, s. 16
Canada Oil and Gas Operations Act — O-7 25.1
Spill-treating agents 25.1 (1) In the case of a spill in the zones referred to in paragraph 3(d) or the waters superjacent to the continental shelf of Canada, the provisions referred to in Schedule 1 do not apply to the deposit of a spill-treating agent and those referred to in Schedule 2 do not apply in respect of any harm that is caused by the spill-treating agent or by the interaction between the spill-treating agent and the spilled oil, if (a) the authorization issued under paragraph 5(1)(b) permits the use of the spill-treating agent; (b) other than in the case of a small-scale test that meets the prescribed requirements, the Chief Conservation Officer approves in writing the use of the agent in response to the spill and it is used in accordance with any requirements set out in the approval; (c) the agent is used for the purposes of subsection 25(3) or (4); and (d) the agent is used in accordance with the regulations. Clarification (2) The provisions referred to in Schedule 2 continue to apply to the holder of an authorization referred to in paragraph (1)(a) in respect of any harm that is caused by the spill or, despite subsection (1), by the interaction between the spill-treating agent and the spilled oil. Net environmental benefit (3) Other than in the case of a small-scale test, the Chief Conservation Officer shall not approve the use of a spill-treating agent unless the Officer determines, taking into account any prescribed factors and any factors the Officer considers appropriate, that the use of the spill-treating agent is likely to achieve a net environmental benefit. 2015, c. 4, ss. 17, 118
Canada Oil and Gas Operations Act — O-7 25.2
Canadian Environmental Protection Act, 1999 25.2 Section 123 and subsections 124(1) to (3) of the Canadian Environmental Protection Act, 1999 do not apply in respect of a spill-treating agent. 2015, c. 4, s. 18
Canada Oil and Gas Operations Act — O-7 25.3
Fisheries Act — civil liability 25.3 For the purpose of section 42 of the Fisheries Act , if subsection 36(3) of that Act would have been contravened but for subsection 25.1(1), (a) subsection 36(3) of that Act is deemed to apply in respect of the deposit of the spill-treating agent; (b) the holder of the authorization referred to in paragraph 25.1(1)(a) is deemed to be the only person referred to in paragraph 42(1)(a) of that Act; and (c) those persons who caused or contributed to the spill are deemed to be the only persons referred to in paragraph 42(1)(b) of that Act. 2015, c. 4, s. 18
Canada Oil and Gas Operations Act — O-7 25.4
Scientific research 25.4 (1) For the purpose of a particular research project pertaining to the use of a spill-treating agent in mitigating the environmental impacts of a spill, the Minister of the Environment may authorize, and establish conditions for, the deposit of a spill-treating agent, oil or oil surrogate in the zones referred to in paragraph 3(d) or the waters superjacent to the continental shelf of Canada. Oil surrogate (2) The Minister of the Environment shall not authorize the deposit of an oil surrogate unless that Minister determines that the oil surrogate poses fewer safety, health or environmental risks than oil. Non-application (3) If the conditions set out in the authorization are met, the provisions referred to in section 25.2 and Schedules 1 and 2 do not apply in respect of the spill-treating agent, oil and oil surrogate required for the research project. 2015, c. 4, ss. 18, 118
Canada Oil and Gas Operations Act — O-7 26.1
Financial resources — certain activities 26.1 (1) An applicant for an authorization under paragraph 5(1)(b) for the drilling for or development or production of oil or gas shall provide proof, in the prescribed form and manner, that it has the financial resources necessary to pay the greatest of the amounts of the limits of liability referred to in subsection 26(2.2) that apply to it. If the Commission of the Canadian Energy Regulator considers it necessary, it may determine a greater amount and require proof that the applicant has the financial resources to pay that greater amount. Financial resources — other activities (2) An applicant for an authorization under paragraph 5(1)(b) for any other work or activity shall provide proof, in the prescribed form and manner, that it has the financial resources necessary to pay an amount that is determined by the Commission of the Canadian Energy Regulator. Loss of non-use value (3) When the Commission of the Canadian Energy Regulator determines an amount under subsection (1) or (2), the Commission is not required to consider any potential loss of non-use value relating to a public resource that is affected by a spill or the authorized discharge, emission or escape of oil or gas or as a result of debris. Continuing obligation (4) The holder of an authorization under paragraph 5(1)(b) shall ensure that the proof referred to in subsections (1) and (2) remains in force for the duration of the work or activity in respect of which the authorization is issued. Extended obligation (5) The holder of an authorization under paragraph 5(1)(b) shall also ensure that the proof referred to in subsection (1) remains in force for a period of one year beginning on the day on which the Commission of the Canadian Energy Regulator notifies the holder that it has accepted a report submitted by the holder indicating that the last well in respect of which the authorization is issued is abandoned. The Commission may reduce that period and may decide that the proof that is to remain in force during that period is proof that the holder has the financial resources necessary to pay an amount that is less than the amount referred to in subsection (1) and that is determined by the Commission. 2015, c. 4, s. 20 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 27.1
Lesser amount 27.1 (1) The Minister may, by order, on the recommendation of the Commission of the Canadian Energy Regulator, approve an amount that is less than the amount referred to in paragraph 26(2.2)(a) or (d) or 27(1)(a) in respect of an applicant for, or a holder of, an authorization under paragraph 5(1)(b). Financial resources — exception (2) If the Minister approves an amount that is less than the amount referred to in paragraph 26(2.2)(a) or (d) in respect of an applicant for an authorization under paragraph 5(1)(b), that applicant, for the purposes of subsection 26.1(1), shall only provide proof that it has the financial resources necessary to pay the adjusted amount approved by the Minister. No contravention (3) No applicant for an authorization under paragraph 5(1)(b) contravenes paragraph 27(1)(a) if that applicant provides proof of financial responsibility in the amount that is approved by the Minister under this section. 2015, c. 4, s. 22 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 28
Inquiries 28 (1) Where a spill or debris or an accident or incident related to any activity to which this Act applies occurs or is found in any area to which this Act applies and results in death or injury or danger to public safety or the environment, the Minister may direct an inquiry to be made, subject to the Canadian Transportation Accident Investigation and Safety Board Act , and may authorize any person that the Minister deems qualified to conduct the inquiry. Mandatory inquiry (1.1) Where a spill or debris or an accident or incident related to any activity to which this Act applies occurs or is found in any area to which this Act applies and is serious, as defined by regulation, the Minister shall direct that an inquiry referred to in subsection (1) be made, subject to the Canadian Transportation Accident Investigation and Safety Board Act , and shall ensure that the person who conducts the inquiry is not employed in a part of the federal public administration for which the Minister is responsible. Power of persons conducting inquiry (2) For the purposes of an inquiry under subsection (1), a person authorized by the Minister under that subsection has all the powers of a commissioner under Part I of the Inquiries Act . Compatible procedures and practices (3) The person or persons authorized to conduct an inquiry under subsection (1) shall ensure that, as far as practicable, the procedures and practices for the inquiry are compatible with investigation procedures and practices followed by any appropriate provincial authorities, and for those purposes may consult with any of those authorities concerning compatible procedures and practices. Report (4) As soon as possible after the conclusion of an inquiry under subsection (1), the person or persons authorized to conduct the inquiry shall submit a report to the Minister, together with the evidence and other material that was before the inquiry. Publication (5) A report made pursuant to subsection (4) shall be published by the Minister within thirty days after he has received it. Copies of report (6) The Minister may supply copies of a report published pursuant to subsection (5) in such manner and on such terms as he considers proper. R.S., 1985, c. O-7, s. 28; 1989, c. 3, s. 46; 1992, c. 35, s. 26; 2003, c. 22, s. 128
Canada Oil and Gas Operations Act — O-7 29
taire ) working interest means a right, in whole or in part, to produce and dispose of oil or gas from a pool or part of a pool, whether that right is held as an incident of ownership of an estate in fee simple in the oil or gas or under a lease, agreement or other instrument, if the right is chargeable with and the holder thereof is obligated to pay or bear, either in cash or out of production, all or a portion of the costs in connection with the drilling for, recovery and disposal of oil or gas from the pool or part thereof; ( intérêt économique direct ) working interest owner means a person who owns a working interest. ( détenteur ) R.S., 1985, c. O-7, s. 29; 1992, c. 35, s. 27(F); 2014, c. 2, s. 24; 2015, c. 4, ss. 23, 118 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7
expert means a person who is appointed under subsection 48.27(2) or an expert panel appointed under subsection 48.27(3); ( expert )
Canada Oil and Gas Operations Act — O-7 (a)
perimeter means (a) the area in the offshore, as defined in section 48.01, that is within 20 km of the onshore; (b) the area in Nunavut that is within 20 km of the limit of that territory; and (c) the portion of the submarine area — consisting of the areas referred to in paragraphs 3(d) and (e) — that is within 10 nautical miles of the seaward limit of that area; ( bande limitrophe )
Canada Oil and Gas Operations Act — O-7
pooled spacing unit means the area that is subject to a pooling agreement or a pooling order; ( unité d’espacement mise en commun )
Canada Oil and Gas Operations Act — O-7
pooled tract means the portion of a pooled spacing unit defined as a tract in a pooling agreement or a pooling order; ( parcelle mise en commun )