GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Indian Oil and Gas Regulations — 17
Person accompanying inspector 17 For the purpose of monitoring compliance with the Act and these Regulations, a person may accompany an inspector who is inspecting a contract holder’s facilities and operations on First Nation lands if the person is authorized to do so by a written resolution of the council and the person has the certifications, and complies with the occupational health and safety requirements, required or imposed by the holder or by law.
Indian Oil and Gas Regulations — 18
Payment of rent 18 (1) The annual rent that is payable under a contract must be paid on or before the anniversary of the effective date of the contract. Refund (2) The rent that is payable for the year in which a contract ends must be paid and is not refundable. However, any rent that has been paid for a subsequent year must be refunded. Exception (3) Subsection (1) does not apply to a contract that provides otherwise and was granted before the day on which these Regulations came into force.
Indian Oil and Gas Regulations — 19
Payment to Receiver General 19 (1) All money that is owed to Her Majesty under these Regulations or a contract must be paid to the Receiver General for Canada. Purpose of payment (2) The money must be accompanied by a statement, in the prescribed form, indicating the purpose for which it is paid.
Indian Oil and Gas Regulations — 20
Amendments 20 (1) Any amendment to a contract or a bitumen recovery project requires the prior approval of the council and the Minister. Limits (2) The Minister must not approve an amendment unless (a) an additional bonus is paid, if necessary, to reflect the fair value, determined in accordance with section 38 , of the rights or interests granted by the amendment; and (b) additional surface rates are paid, if necessary, in accordance with subsections 73 (2) and (3). Exception (3) Subsection (1) does not apply to an amendment referred to in subsection 12 (2) or to one that reduces the area of lands that are subject to a subsurface contract or a bitumen recovery project.
Indian Oil and Gas Regulations — 21
Well data 21 An operator that carries out operations in connection with a well must submit the following documents and information to the Minister and the council within the following time limits: (a) before the day on which the well is spudded, (i) a copy of the provincial licence authorizing the drilling of the well and a copy of the licence application, (ii) the drilling and coring plan proposed for the well, (iii) the geological prognosis, (iv) any proposed horizontal drilling plan, and (v) a copy of the surface lease survey plan; (b) within 30 days after the day on which the well is rig-released, (i) all daily drilling reports for the period beginning on the day on which the rig move begins and ending on the day of rig-release, (ii) a copy of each wireline log prepared, (iii) the results of any drill-stem test conducted, (iv) a copy of the final downhole well drilling survey, if one is required by the provincial authority, (v) any description, test or analysis resulting from an identification of any well sections that were cored, and (vi) a copy of the geological report, if one is required by the provincial authority; (c) within 30 days after the day on which the well is completed, (i) all daily completion reports and the final downhole well schematic, (ii) a copy of each wireline log prepared, (iii) any core and fluid analyses prepared, (iv) any swab reports prepared, (v) the results of any pressure or flow tests conducted, including the results of any surface casing vent flow test, (vi) a hydraulic fracturing fluid component information disclosure report, and (vii) a detailed report of any downhole well intervention or stimulation; (d) within 30 days after the day on which any recompletion or workover of the well is completed, (i) all daily recompletion or workover reports, (ii) a copy of each wireline log prepared, (iii) any core and fluid analyses prepared, (iv) any swab reports prepared, (v) the results of any pressure or flow tests conducted, including the results of any surface casing vent flow test, (vi) a hydraulic fracturing fluid component information disclosure report, (vii) a detailed report of any downhole well intervention or stimulation, and (viii) the final downhole well schematic; (e) within 30 days after the day on which the well is downhole-abandoned, all daily operation reports relating to the downhole abandonment; and (f) within 30 days after the day on which the well is surface-abandoned, all daily operations reports of the cut and cap operation and a copy of the final abandonment report submitted to the provincial authority.
Indian Oil and Gas Regulations — 22
Additional information 22 The operator must submit to the Minister and the council any additional technical information about the well that is necessary to determine its productivity.
Indian Oil and Gas Regulations — 23
Confidential information 23 (1) Any information that is submitted to the Minister or a council under the Act must be kept confidential until the end of the period in which such information must be kept confidential under the laws of the relevant province, unless the person that submitted it consents in writing to its disclosure. Seismic data (2) Despite subsection (1), seismic data submitted by an exploration licence holder under paragraph 33 (3)(a) may be disclosed by the Minister or the council on the earlier of (a) if the holder also holds a subsurface lease or permit in lands in the licence area, the day on which the lease expires or is continued, the initial term of the permit expires or, in the case of a permit issued under the Indian Oil and Gas Regulations, 1995 , the permit is converted to one or more leases, and (b) the fifth anniversary of the day on which the exploration work is completed. Interpretation (3) Any interpretation of seismic data, including maps, that is submitted to the Minister or a council under the Act may be disclosed only if the person that submitted it consents in writing to its disclosure. Disclosure to council (4) Despite subsections (1) to (3), the Minister may at any time disclose (a) confidential information to a council if required to do so by the Act, any regulations made under the Act or a contract; and (b) the results of an environmental review referred to in subsection 29 (3), 57 (2) or 75 (2) to a council or the public.
Indian Oil and Gas Regulations — 24
Incorrect information 24 A person that submits information to the Minister and becomes aware that it is incorrect must submit the correct information to the Minister as soon as the circumstances permit.
Indian Oil and Gas Regulations — 25
Approval of assignment 25 (1) Any assignment of any of the rights or interests conferred by a contract must be approved by the Minister. Meeting (2) Before the application for approval is submitted to the Minister, the assignee must meet with the council unless the council waives the meeting. The meeting must be face to face, unless the parties agree to another mode of meeting. Expenses (3) Any expense relating to the request for, preparation for or attendance at a meeting must be borne by the party that incurs the expense. Application for approval (4) The application for approval must be in the prescribed form and include a statement by the assignee that a meeting with the council took place or that the council waived the meeting. The application must be accompanied by the assignment approval application fee set out in Schedule 1. Copy to council (5) The applicant must send the council a copy of the application for approval on or before the day on which the application is submitted to the Minister. Refusal to approve (6) The Minister must not approve the assignment if (a) it is conditional; (b) it would result in more than five persons having a right or interest in the contract; (c) it assigns an undivided right or interest in the contract that is less than 1%; (d) it divides the oil and gas rights or interests conferred by the contract; (e) the assignee is not eligible under section 6 ; (f) the assignment was not signed by the assignor and assignee; or (g) the assignee fails to establish that they have the financial ability to fulfill the assignor’s obligations under the Act with respect to remediation and reclamation. Minister’s decision (7) If the Minister approves the assignment and signs it, he or she must send a copy to the assignor and assignee and a notice of the approval to the council. Effective date (8) The assignment takes effect on the day on which the Minister approves it unless it provides for a different effective day.
Indian Oil and Gas Regulations — 26
Liability 26 (1) If the assignment is approved, the assignor and assignee are jointly and severally, or solidarily, liable for any obligation owing and any liability arising under the contract before the day on which the assignment is approved, even if the contract is subsequently assigned. Exception (2) Subsection (1) does not apply to an assignment that is approved before the coming into force of these Regulations.
Indian Oil and Gas Regulations — 27
Compliance with laws 27 (1) Every contract granted by the Minister under these Regulations includes the holder’s undertaking to comply with (a) the Indian Act , and any orders made under that Act, as amended from time to time; (b) the Act, and any regulations or orders made under the Act, as amended from time to time; and (c) the laws of the relevant province, as amended from time to time, that relate to the environment or to the exploration for, or the exploitation, treatment, processing or conservation of, oil and gas, including equitable production, if those laws are not in conflict with the Act or any regulations or orders made under the Act. Inconsistency — Acts, regulations and orders (2) The provisions of any Act, regulation or order referred to in subsection (1) prevail over any terms and conditions of the contract, except for any terms and conditions respecting royalties that are the subject of a special agreement under subsection 4(2) of the Act, to the extent of any inconsistency. The provisions of any Act of Parliament, or any regulation or order made under an Act of Parliament, referred to in subsection (1) prevail over the laws of the province referred to in subsection (1), to the extent of any inconsistency. Inconsistency — interpretation (3) For the purposes of this section, provisions — whether legislative or contractual — are not inconsistent unless it is impossible for the holder to comply with both.
Indian Oil and Gas Regulations — 28
Authorization to explore 28 A person may carry out exploration work on First Nation lands if they (a) hold an exploration licence; (b) have obtained from the provincial authority any approval that is required to carry out exploration work in the province; and (c) are in compliance with the terms and conditions of the licence and the approval.
Indian Oil and Gas Regulations — 30
Exercise of rights conferred by licence 30 An exploration licence holder may exercise the rights conferred by the licence in a subsurface contract area, but in doing so must not interfere with any operations carried out under the subsurface contract.
Indian Oil and Gas Regulations — 31
Priority 31 Every exploration licence is subject to (a) any surface rights or interests granted under an Act of Parliament; and (b) any rights or interests related to the exploration or exploitation of minerals other than oil or gas in the licence area.
Indian Oil and Gas Regulations — 32
Maximum drilling depth 32 (1) An exploration licence holder must not drill to a depth of more than 50 m, unless authorized to do so by their licence. Holder’s obligations (2) The holder must (a) ensure that all environmental protection measures included in the licence are implemented and complied with; (b) identify and mark the location of every test hole and shot hole that is drilled under the licence; (c) repair and recondition any roads or road allowances that are damaged as a result of the exploration work as soon as the circumstances permit after the damage occurs; (d) as soon as the circumstances permit, plug any hole that is drilled under the licence and that, during or after completion of the exploration work, collapses or emits gas, water or another substance; (e) within 90 days after the day on which the exploration work is completed, pay compensation for the exploration work that was carried out, based on the rates specified in the licence or a related subsurface contract; and (f) within 90 days after the day on which the exploration work is completed, submit to the Minister and the council (i) a mylar sepia copy and a legible paper copy of a map, on a scale of not less than 1:50 000, that shows the location and ground elevation of every vibrating equipment station, test hole and shot hole, (ii) summaries of any geologist’s and driller’s logs, indicating the depth and thickness of formations bearing water, sand, gravel, coal and other minerals of possible economic value, and (iii) all technical information obtained from the drilling of each test hole.
Indian Oil and Gas Regulations — 34
Remediation and reclamation 34 When exploration work under an exploration licence is no longer being carried out, whether or not the licence has ended, the licence holder must ensure that all the lands on which the work was carried out are remediated and reclaimed.
Indian Oil and Gas Regulations — 35
Subsurface contracts 35 (1) Oil and gas rights or interests in First Nation lands may be granted by the Minister under one of the following subsurface contracts: (a) an oil and gas permit; (b) an oil and gas lease. Process (2) A subsurface contract must be granted in accordance with the public tender process set out in sections 39 to 42 or the negotiation process set out in sections 44 to 46 , as chosen by the council. The negotiation process may be preceded by a call for proposals in accordance with section 43 . No splitting of rights (3) When granting a subsurface contract, the Minister must grant all the rights to the oil and gas in each zone included in the contract area.
Indian Oil and Gas Regulations — 36
Priority 36 A subsurface contract holder’s rights or interests are subject to the right of an exploration licence holder to carry out exploration work in, and the right of any other subsurface contract holder to work through, the subsurface contract area.
Indian Oil and Gas Regulations — 37
Multiple holders 37 (1) A subsurface contract may be granted to no more than five persons, each having an undivided right or interest in the contract of at least 1%. The right or interest must be expressed in decimal form to no more than seven decimal places. Liability (2) If two or more persons have an undivided right or interest in a subsurface contract, they are jointly and severally, or solidarily, liable for all obligations under the contract, the Act and these Regulations.
Indian Oil and Gas Regulations — 38
Fair value 38 In determining the fair value of the rights or interests to be granted under a subsurface contract, the Minister must, in consultation with the council, consider the bonuses paid for grants of oil and gas rights or interests in other lands, which may be adjusted to take into account the following factors: (a) the size of the other lands and their proximity to the First Nation lands; (b) the time when the rights or interests in the other lands were granted; (c) current oil and gas prices and the prices when the rights or interests were granted; (d) the results of recent drilling operations in the vicinity of the other lands; (e) similarities and differences in the geological features of the other lands and the First Nation lands; and (f) any other factors that could affect the fair value of the rights or interests.
Indian Oil and Gas Regulations — 39
Public tender 39 The Minister may grant the oil and gas rights or interests in First Nation lands by way of public tender only if the council requests or consents to that process.
Indian Oil and Gas Regulations — 40
Minister’s duties 40 (1) When oil and gas rights or interests are to be granted by way of public tender, the Minister must, after consulting with the council, prepare a notice of tender. Notice of tender (2) The notice of tender must include the following information: (a) the type of subsurface contract to be granted; (b) the terms and conditions of the contract, other than those set out in these Regulations, or the address of a website where the terms and conditions are set out, including (i) a description of the lands to be included in the contract area and the oil and gas rights or interests to be granted, (ii) the surface rates and seismic rates, (iii) the initial and intermediate terms of the permit or the term of the lease, as the case may be, (iv) in the case of a permit, the earning provisions for the initial term, including the drilling commitment and deadline for completion, the target zone or depth to which each earning well must be drilled and a description of the lands to be earned by each, and (v) the royalty to be paid, if it differs from the royalty provided for in these Regulations; (c) the instructions for submitting a bid, including any information to be provided by bidders, the place where a bid may be submitted and the deadline for submission; and (d) a statement indicating that the bidder acknowledges that they have reviewed and understood the terms and conditions of the contract to be granted and will be bound by those terms and conditions if theirs is the winning bid. Publication of notice of tender (3) The Minister must submit a copy of the proposed notice of tender to the council before publishing it and, if it is approved, must publish it (a) in a publication known to the industry, such as the Daily Oil Bulletin published by JuneWarren-Nickle’s Energy Group; or (b) on a website on which the Minister publishes information about oil and gas in First Nation lands.
Indian Oil and Gas Regulations — 41
Submission of bids 41 (1) All bids must be submitted in accordance with the instructions set out in the notice of tender, be sealed and include (a) the subsurface contract application fee set out in Schedule 1; (b) the rent for the first year of the contract; (c) the bonus; and (d) the name and address for service of each proposed contract holder and the percentage share of each. Certified funds (2) The fee, rent and bonus must be paid in certified funds unless the notice of tender specifies a different form of payment.
Indian Oil and Gas Regulations — 42
Opening of bids 42 (1) After the tender closes, the Minister must without delay open the bids, exclude any bids that do not meet the requirements of section 41 , identify the bid with the highest bonus and send the council notice of that bid. Presence at opening (2) The council or a person designated by the council may be present when the Minister opens the bids. Tied bid (3) If the highest bonus is included in more than one bid, the Minister must republish the notice of tender. Council’s decision (4) The council may, within 15 days after the day on which the tender closes, notify the Minister by written resolution that it rejects the bid with the highest bonus. If such a notice is received, all bids must be rejected. Irrevocable decision (5) If a council notifies the Minister that it approves the bid with the highest bonus, that bid cannot later be rejected under subsection (4). Acceptance of highest bid (6) If a notice rejecting the bid is not received, the Minister must accept it and send the winning bidder a notice of acceptance. The contract takes effect on the day on which the tender closes. Publication of tender results (7) The Minister must publish the name of the winner and the winning bonus amount or, if no bid was accepted, a notice to that effect, in the publication or on the website where the notice of tender was published. Confidentiality (8) Except for the name of the winning bidder and bonus amount, the information in bids must be kept confidential. Contract granted (9) The Minister must prepare the subsurface contract and send a copy to the council and the winning bidder. Unsuccessful bids (10) The Minister must return the fee, rent and bonus included in each unsuccessful bid to the person that submitted it.
Indian Oil and Gas Regulations — 43
Call for proposals 43 For the purpose of soliciting interest in rights or interests in First Nation lands, either the council, or the Minister jointly with the council, may make a call for proposals. The call may be made by public notice or by other means and must include the following information: (a) the type of subsurface contract to be granted; (b) a description of the lands to be included in the contract area and the oil and gas rights or interests to be granted; (c) the terms and conditions of the contract, other than those set out in these Regulations; (d) the elements that will be considered in evaluating the proposals; (e) a statement that the proposals that are received will form the basis for negotiations with the council and the Minister; and (f) a statement that, in addition to the terms and conditions negotiated, the contract will include the terms and conditions set out in these Regulations.
Indian Oil and Gas Regulations — 44
Application for subsurface contract 44 (1) A person may apply to the Minister for a subsurface contract that confers oil and gas rights or interests in one or more zones in First Nation lands. Preliminary negotiation (2) Before applying for a subsurface contract, an applicant and the council must agree on the following terms and conditions: (a) the type of subsurface contract to be applied for; (b) a description of the lands to be included in the contract area and the oil and gas rights or interests to be granted; (c) the amount of the bonus to be paid; (d) the initial and intermediate terms of the permit or the term of the lease, as the case may be; (e) in the case of a permit, the earning provisions for the initial term, including the drilling commitment and deadline for completion, the target zone or depth to which each earning well must be drilled and a description of the lands to be earned by each; and (f) the royalty to be paid, if it differs from the royalty provided for in these Regulations. Content of application (3) The application to the Minister must be in the prescribed form, set out the terms and conditions negotiated by the applicant and the council and be accompanied by the subsurface contract application fee set out in Schedule 1. Confidentiality (4) Any information that is disclosed during the negotiations referred to in subsection (2) or in an application referred to in subsection (3) must be kept confidential.
Indian Oil and Gas Regulations — 45
Conditions of approval 45 (1) The Minister must not approve the application unless (a) the lands and oil and gas rights or interests described in the application have been surrendered or designated under section 38 of the Indian Act ; and (b) the proposed bonus reflects the fair value of the rights or interests to be granted, determined in accordance with section 38 of these Regulations. Approval of application (2) If the application is approved, the Minister must prepare the subsurface contract and send a copy to the applicant and the council. The Minister must fix and include in the contract the surface rates to be paid under any related surface contract and the seismic rates to be paid under any related exploration licence. Criteria — rates (3) The surface rates must be fixed in accordance with subsections 73 (2) and (3). The seismic rates must be comparable to seismic rates for exploration on lands, excluding provincial Crown lands, that are similar in size, character and use. Refusal of application (4) If the application is not approved, the Minister must send the applicant and the council a notice of refusal that sets out the reasons for the refusal.