GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Oil and Gas Operations Act — O-7 5.01
Right of entry 5.01 (1) Any person may, for the purpose of exploring for or exploiting oil or gas, maintaining safety or protecting the environment, enter on and use the surface of the land in any area in which this Act applies in order to carry on a work or activity authorized under paragraph 5(1)(b). Right of entry — abandoned pipeline (1.1) Any person or their successor or assign may, for the purpose of maintaining safety or protecting the environment, enter on and use the surface of the land in any area in which this Act applies in order to carry on a work or activity in relation to an abandoned pipeline for which the person has received the leave required by paragraph 4.01(1)(d). Restriction (2) Despite subsections (1) and (1.1), if a person occupies land in an area to which this Act applies and that person owns or has title to the land — or has lawful possession of it, other than by virtue of an authorization under paragraph 5(1)(b) or an interest as defined in section 2 of the Canada Petroleum Resources Act — it is prohibited for anyone to enter on or use the surface of that land without the consent of the occupier or, if consent has been refused, except in accordance with the terms and conditions of (a) in the case of land within Nunavut, a decision of the Nunavut Surface Rights Tribunal made in accordance with the Nunavut Waters and Nunavut Surface Rights Tribunal Act ; (a.1) in the case of land in the Northwest Territories, an order made by a territorial tribunal that is competent to resolve matters in dispute relating to access to the surface of lands; and (b) in any other case, a decision of an arbitrator made in accordance with the regulations. Exception (3) Subsections (1) to (2) do not apply in respect of Inuit-owned land as defined in subsection 2(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act . (4) [Repealed, 1998, c. 5, s. 12] 1992, c. 35, s. 8; 1994, c. 43, s. 90; 1998, c. 5, s. 12; 2002, c. 10, s. 190; 2014, c. 2, s. 22; 2015, c. 21, s. 41
Canada Oil and Gas Operations Act — O-7 5.011
Construction or operation 5.011 No person shall construct or operate a pipeline that passes in, on, over, under, through or across a navigable water unless an authorization to construct or operate, as the case may be, the pipeline has been issued under paragraph 5(1)(b). 2012, c. 19, s. 119
Canada Oil and Gas Operations Act — O-7 5.012
Effects on navigation 5.012 In addition to any other factor that it considers appropriate, the Commission of the Canadian Energy Regulator shall take into account the effects that its decision might have on navigation, including safety of navigation, when deciding whether to issue an authorization under paragraph 5(1)(b) in respect of a pipeline that passes in, on, over, under, through or across a navigable water. 2012, c. 19, s. 119 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 5.013
Pipeline not work 5.013 Despite the definition work in section 2 of the Canadian Navigable Waters Act , a pipeline in respect of which an authorization has been or may be issued under paragraph 5(1)(b) is not a work to which that Act applies. 2012, c. 19, s. 119, c. 31, s. 349 2019, c. 28, s. 186
Canada Oil and Gas Operations Act — O-7 5.014
Regulations 5.014 (1) The Governor in Council may, for purposes related to navigation, on the joint recommendation of the Minister of Northern Affairs and the Minister of Transport, make regulations respecting sections or parts of pipelines that pass in, on, over, under, through or across any navigable water in any area in respect of which the Minister of Northern Affairs has administrative responsibility for natural resources, including regulations respecting the design, construction, operation and abandonment of those pipelines and the issuance of authorizations under paragraph 5(1)(b) in respect of their construction or operation. Regulations (2) The Governor in Council may, for purposes related to navigation, on the joint recommendation of the Minister of Natural Resources and the Minister of Transport, make regulations respecting sections or parts of pipelines that pass in, on, over, under, through or across any navigable waters in any area in respect of which the Minister of Natural Resources has administrative responsibility for natural resources, including regulations respecting the design, construction, operation and abandonment of those pipelines and the issuance of authorizations under paragraph 5(1)(b) in respect of their construction or operation. 2012, c. 19, s. 119 2019, c. 29, s. 374
Canada Oil and Gas Operations Act — O-7 5.015
Existing terms and conditions 5.015 Terms and conditions imposed at any time before the coming into force of this section in relation to an approval given under the Navigation Protection Act in respect of a pipeline, in respect of which an authorization has been issued under paragraph 5(1)(b), apply as if they were requirements determined by the National Energy Board to be requirements to which the authorization is subject. 2012, c. 19, s. 119, c. 31, s. 349
Canada Oil and Gas Operations Act — O-7 5.02
Safety 5.02 The Commission of the Canadian Energy Regulator shall, before issuing an authorization for a work or activity referred to in paragraph 5(1)(b), consider the safety of the work or activity by reviewing, in consultation with the Chief Safety Officer, the system as a whole and its components, including its installations, equipment, operating procedures and personnel. 1992, c. 35, s. 8; 1994, c. 10, s. 15 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 5.021
Net environmental benefit 5.021 The Commission of the Canadian Energy Regulator must not permit the use of a spill-treating agent in an authorization issued under paragraph 5(1)(b) unless that Commission determines, taking into account any prescribed factors and any factors the Regulator considers appropriate, that the use of the spill-treating agent is likely to achieve a net environmental benefit. 2015, c. 4, s. 8 2019, c. 28, s. 142 2019, c. 28, s. 193
Canada Oil and Gas Operations Act — O-7 5.03
Compliance with certain provisions 5.03 The Commission of the Canadian Energy Regulator shall, before issuing an authorization for a work or activity referred to in paragraph 5(1)(b), ensure that the applicant has complied with the requirements of subsections 26.1(1) or (2) and 27(1) or (1.01) in respect of that work or activity. 1992, c. 35, s. 8; 1994, c. 10, s. 15; 2015, c. 4, s. 9 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 5.1
ritories may notify the other of their intention to refer the matter to an independent expert for a decision in accordance with section 48.095. Expert’s decision (6.3) The expert’s decision in relation to the development plan is deemed to be a development plan that is approved by the Commission of the Canadian Energy Regulator and in relation to Part I of the plan is deemed to be one that is consented to by the Governor in Council and the Executive Council of the Northwest Territories. Amendment (6.4) If a development plan is approved under subsection (6.1) or deemed to be approved under subsection (6.3), no amendment is to be made to the plan unless it is approved by the Commission of the Canadian Energy Regulator and, in the case of an amendment to Part I of the plan, consented to by the Governor in Council and the Executive Council of the Northwest Territories. Amendment — application of subsections (6.1) to (6.4) (6.5) Subsections (6.1) to (6.4) apply, with any modifications that the circumstances require, in respect of a proposed amendment to a development plan. Transboundary pool or field (7) The definitions in sections 29 and 48.15 apply in subsections (8) to (12). Approval subject to agreement and consent (8) Despite subsection (4), a development plan submitted for approval in respect of a work or activity in a transboundary pool or field that is the subject of a joint exploitation agreement is not to be approved by the Commission of the Canadian Energy Regulator unless the appropriate regulator has agreed to its content. That approval is subject to the consent of the Governor in Council in relation to Part I of the development plan and any requirements that the Commission and regulator have agreed are appropriate or that may be prescribed. Disagreement (9) In the case of a disagreement about the content of the plan submitted for approval, or any of the requirements for approval referred to in subsection (8), the Minister, on the Commission of the Canadian Energy Regulator’s behalf, or the regulator may refer the matter to an expert in accordance with section 48.27. Submissions in relation to Part I (10) Any submissions to the expert by the Minister on the Commission of the Canadian Energy Regulator’s behalf regarding Part I of the development plan are subject to the prior consent of the Governor in Council. Expert’s decision (11) The expert’s decision is deemed to be approval by the Commission of the Canadian Energy Regulator of the plan, and Part I of that plan is deemed to have been consented to by the Governor in Council under subsection (8). Application of certain provisions (12) Subsections (7) to (11) apply, with any necessary modifications, with respect to a proposed amendment to a development plan to which a work or activity in a transboundary pool or field or to any requirement that the approval of the plan is subject. R.S., 1985, c. 36 (2nd Supp.), s. 121; 1992, c. 35, s. 9; 1994, c. 10, ss. 4, 15; 2014, c. 2, s. 23; 2015, c. 4, s. 10 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 5.11
Declaration by applicant 5.11 (1) Subject to subsection (2), no authorization under paragraph 5(1)(b) shall be issued unless the Commission of the Canadian Energy Regulator has received, from the applicant for the authorization, a declaration in the form fixed by the Commission of the Canadian Energy Regulator that states that (a) the equipment and installations that are to be used in the work or activity to be authorized are fit for the purposes for which they are to be used, the operating procedures relating to them are appropriate for those uses, and the personnel who are to be employed in connection with them are qualified and competent for their employment; and (b) the applicant shall ensure, so long as the work or activity that is authorized continues, that the equipment and installations continue to be fit for the purposes for which they are used, the operating procedures continue to be appropriate for those uses, and the personnel continue to be so qualified and competent. Declaration by owner (2) The Commission of the Canadian Energy Regulator may accept, in respect of equipment that is to be used in the work or activity to be authorized, a declaration from the owner of the equipment in lieu of a declaration from the applicant for the authorization, and such a declaration shall be in a form fixed by the Commission of the Canadian Energy Regulator and shall state that (a) the equipment is fit for the purpose for which it is to be used, the operating procedures relating to it are appropriate for that use, and the personnel who are to be employed by the owner in connection with it are qualified and competent for their employment; and (b) the owner shall ensure that, so long as the equipment is used in the work or activity that is authorized, that the equipment continues to be fit for the purpose for which it is used, the operating procedures continue to be appropriate for that use, and the personnel continue to be so qualified and competent. Changes (3) Where the equipment, an installation, the operating procedures or any of the personnel specified in the declaration changes and no longer conforms to the declaration, the holder of the authorization shall provide the Commission of the Canadian Energy Regulator with a new declaration as soon as possible after the change occurs. Immunity (4) The Commission of the Canadian Energy Regulator or any delegate of the Commission of the Canadian Energy Regulator is not liable to any person by reason only of having issued an authorization in reliance on a declaration made under this section. 1992, c. 35, s. 10; 1994, c. 10, s. 15 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 5.12
Certificate 5.12 (1) No authorization under paragraph 5(1)(b) shall be issued with respect to any prescribed equipment or installation, or any equipment or installation of a prescribed class, unless the Commission of the Canadian Energy Regulator has received, from the applicant for the authorization, a certificate issued by a certifying authority in the form fixed by the Commission of the Canadian Energy Regulator. Continuing obligation (2) The holder of an authorization shall ensure that the certificate referred to in subsection (1) remains in force for so long as the equipment or installation to which the certificate relates is used in the work or activity in respect of which the authorization is issued. Contents of certificate (3) A certificate referred to in subsection (1) shall state that the equipment or installation in question (a) is fit for the purposes for which it is to be used and may be operated safely without posing a threat to persons or to the environment in the location and for the time set out in the certificate; and (b) is in conformity with all of the requirements and conditions that are imposed for the purposes of this section by subsection 5(4), whether they are imposed by regulation or by the Commission of the Canadian Energy Regulator. Validity of certificate (4) A certificate referred to in subsection (1) is not valid if the certifying authority (a) has not complied with any prescribed procedure or any procedure that the Commission of the Canadian Energy Regulator may establish; or (b) is a person or an organization that has participated in the design, construction or installation of the equipment or installation in respect of which the certificate is issued, to any extent greater than that prescribed. Access (5) An applicant shall permit the certifying authority to have access to the equipment and installation in respect of which the certificate is required and to any information that relates to them. Definition of “certifying authority” (6) For the purposes of this section, certifying authority has the meaning assigned by the regulations. Immunity (7) The Commission of the Canadian Energy Regulator or any delegate of the Commission of the Canadian Energy Regulator is not liable to any person by reason only of having issued an authorization in reliance on a certificate issued under this section. 1992, c. 35, s. 10; 1994, c. 10, s. 15 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 5.2
Definition of benefits plan 5.2 (1) In this section, benefits plan means a plan for the employment of Canadians and for providing Canadian manufacturers, consultants, contractors and service companies with a full and fair opportunity to participate on a competitive basis in the supply of goods and services used in any proposed work or activity referred to in the benefits plan. Benefits plan (2) No approval of a development plan shall be granted under subsection 5.1(1) and no authorization of any work or activity shall be issued under paragraph 5(1)(b), until the Minister has approved, or waived the requirement of approval of, a benefits plan in respect of the work or activity. Affirmative action programs (3) The Minister may require that any benefits plan submitted pursuant to subsection (2) include provisions to ensure that disadvantaged individuals or groups have access to training and employment opportunities and to enable such individuals or groups or corporations owned or cooperatives operated by them to participate in the supply of goods and services used in any proposed work or activity referred to in the benefits plan. Transboundary pool or field (4) The definitions in sections 29 and 48.15 apply in subsections (5) and (6). Approval subject to agreement (5) A benefits plan submitted for approval in respect of a work or activity in a transboundary pool or field that is the subject of a joint exploitation agreement is not to be approved under subsection (2) unless the Minister and the appropriate regulator have agreed to its content. Disagreement — Minister and regulator (6) The Minister or the regulator may, if they disagree about the content of the plan submitted for approval, refer the matter to an expert in accordance with section 48.27. The expert’s decision is deemed to be approval by the Minister of the plan. R.S., 1985, c. 36 (2nd Supp.), s. 121; 1992, c. 35, s. 11; 2015, c. 4, s. 11
Canada Oil and Gas Operations Act — O-7 5.3
Board guidelines and interpretation notes 5.3 (1) The Canadian Energy Regulator may issue and publish, in any manner the Regulator considers appropriate, guidelines and interpretation notes with respect to the application and administration of section 5, 5.1 and 13.02 and subsection 27(1.01) and any regulations made under section 4.2, 13.17 and 14. Ministerial guidelines and interpretation notes (2) The Minister may issue and publish, in any manner the Minister considers appropriate, guidelines and interpretation notes with respect to the application and administration of section 5.2. Not statutory instruments (3) For greater certainty, guidelines and interpretation notes issued pursuant to subsections (1) and (2) are not statutory instruments as defined in the Statutory Instruments Act . R.S., 1985, c. 36 (2nd Supp.), s. 121; 1994, c. 10, s. 5; 2007, c. 35, s. 148; 2015, c. 4, s. 12 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 5.31
Jurisdiction 5.31 (1) The Commission of the Canadian Energy Regulator has full and exclusive jurisdiction to inquire into, hear and determine any matter (a) if it appears to the Commission of the Canadian Energy Regulator that any person failed to do any act, matter or thing required to be done by this Act, any regulation, order or direction made under this Act, or an operating licence or authorization issued under section 5, or that any person has done or is doing any act, matter or thing contrary to or in contravention of this Act, any regulation, order or direction made under this Act, or an operating licence or authorization issued under section 5; or (b) if it appears to the Commission of the Canadian Energy Regulator that the circumstances may require the Commission, in the public interest, to make any order or give any direction, leave, sanction or approval that by law it is authorized to make or give, or with respect to any act, matter or thing that is prohibited, sanctioned or required to be done by this Act, any regulation, order or direction made under this Act, or an operating licence or authorization issued under section 5. Of its own motion (2) The Commission of the Canadian Energy Regulator may, of its own motion, inquire into, hear and determine any matter or thing that under this Act it may inquire into, hear and determine. Matters of law and fact (3) For the purposes of this Act, the Commission of the Canadian Energy Regulator has full jurisdiction to hear and determine all matters, whether of law or of fact. 2007, c. 35, s. 149 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 5.32
Mandatory orders 5.32 The Commission of the Canadian Energy Regulator may (a) order and require any person to do, without delay, or within or at any specified time and in any manner set by the Canadian Energy Regulator, any act, matter or thing that the person is or may be required to do under this Act, any regulation, order or direction made under this Act or an operating licence or authorization issued under section 5; and (b) prohibit the doing or continuing of any act, matter or thing that is contrary to this Act, any regulation, order or direction made under this Act or an operating licence or authorization issued under section 5. 2007, c. 35, s. 149 2019, c. 28, s. 129
Canada Oil and Gas Operations Act — O-7 5.33
Committee’s decisions and orders 5.33 Sections 5.31 and 5.32 do not apply to any act, matter or thing required by or contrary to any decision or order of the Committee. 2007, c. 35, s. 149
Canada Oil and Gas Operations Act — O-7 5.331
Public hearings 5.331 The Commission of the Canadian Energy Regulator may conduct a public hearing in relation to the exercise of any of its powers or the performance of any of its duties and functions under this Act. 2015, c. 4, s. 13 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 5.34
Confidentiality 5.34 At any public hearing conducted under section 5.331 or in any proceedings with respect to Part 0.1, the Commission of the Canadian Energy Regulator may take any measures and make any order that it considers necessary to ensure the confidentiality of any information likely to be disclosed at the hearing or in the proceedings if the Commission is satisfied that (a) disclosure of the information could reasonably be expected to result in a material loss or gain to a person directly affected by the hearing or proceedings, or to prejudice the person’s competitive position, and the potential harm resulting from the disclosure outweighs the public interest in making the disclosure; or (b) the information is financial, commercial, scientific or technical information that is confidential information supplied to the Canadian Energy Regulator and (i) the information has been consistently treated as confidential information by a person directly affected by the hearing or proceedings, and (ii) the person’s interest in confidentiality outweighs the public interest in its disclosure. 2007, c. 35, s. 149; 2015, c. 4, s. 13 2019, c. 28, s. 130 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 5.35
Confidentiality — security 5.35 At any public hearing conducted under section 5.331 or in respect of any order, or in any proceedings, with respect to Part 0.1, the Commission of the Canadian Energy Regulator may take any measures and make any order that it considers necessary to ensure the confidentiality of information that is likely to be disclosed at the hearing or in the proceedings or is contained in the order if the Commission is satisfied that (a) there is a real and substantial risk that disclosure of the information will impair the security of pipelines, buildings, installations, vessels, vehicles, aircraft or systems, including computer or communication systems, or methods employed to protect them; and (b) the need to prevent disclosure of the information outweighs the public interest in its disclosure. 2007, c. 35, s. 149; 2015, c. 4, s. 13 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 5.351
Exception 5.351 The Commission of the Canadian Energy Regulator shall not take any measures or make any order under section 5.34 or 5.35 in respect of information or documentation referred to in paragraphs 101(7)(a) to (e) and (i) of the Canada Petroleum Resources Act . 2015, c. 4, s. 13 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 5.36
Conditional orders, etc. 5.36 (1) Without limiting the generality of any provision of this Act that authorizes the Commission of the Canadian Energy Regulator to impose terms and conditions in respect of any operating licence or authorization issued under section 5 or any of its orders, the Commission may direct in any operating licence, authorization or order that it or any portion or provision of it shall come into force at a future time or on the happening of any contingency, event or condition specified in the operating licence, authorization or order or on the performance to the satisfaction of the Commission of any conditions or requirements that the Commission may impose in the operating licence, authorization or order, and the Commission may direct that the whole or any portion of the operating licence, authorization or order shall have force for a limited time or until the happening of a specified event. Interim orders (2) The Commission of the Canadian Energy Regulator may, instead of making an order final in the first instance, make an interim order, and may reserve its decision pending further proceedings in connection with any matter. 2007, c. 35, s. 149 2019, c. 28, s. 142