GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Indian Oil and Gas Act — I-7 2
 kind; and (b) a reference to an amount owing includes the value of a royalty that is owing. Pooled oil or gas (4) A reference in this Act to oil or gas recovered from first nation lands includes oil or gas that is attributed to those lands under regulations made pursuant to paragraph 4.1(1)(s). R.S., 1985, c. I-7, s. 2 2009, c. 7, s. 1 2019, c. 29, s. 375 2019, c. 29, s. 376 2022, c. 19, s. 125
Indian Oil and Gas Act — I-7
approval , in relation to the council of a first nation, means approval evidenced by a written resolution of the council or, if the council has delegated its authority to any individual or corporation, approval in writing signed by that individual or by an individual authorized to sign for that corporation. ( approbation )
Indian Oil and Gas Act — I-7
condensate means a liquid mixture, consisting mainly of pentanes and heavier hydrocarbons, that is condensed from natural gas and that can be recovered at a well. ( condensat )
Indian Oil and Gas Act — I-7
contract means a licence, permit, lease or other instrument that confers a surface or subsurface right or interest in first nation lands, or an option to acquire such a permit or lease, that is granted under this Act for the purpose of oil or gas exploration or exploitation. ( contrat )
Indian Oil and Gas Act — I-7
council , in relation to a first nation, has the same meaning as the expression council of the band in the Indian Act . ( conseil )
Indian Oil and Gas Act — I-7
exploitation , in relation to oil and gas, means the drilling or testing of a well or production, recovery or subsurface storage, and includes the injection of a substance into an oil or gas reservoir and the subsurface disposal of a substance, but does not include refining. ( exploitation )
Indian Oil and Gas Act — I-7
exploration means any operation to assess the geological conditions of the subsurface for the presence of oil or gas or any activity connected with such assessment, including the drilling of a test hole to a depth no greater than that prescribed by regulation. ( exploration )
Indian Oil and Gas Act — I-7
first nation means a band within the meaning of the Indian Act . ( première nation )
Indian Oil and Gas Act — I-7 (a)
first nation lands means (a) reserve lands that have been surrendered, other than absolutely, under the Indian Act for a purpose that includes oil or gas exploration or exploitation; (b) lands that have been absolutely surrendered under the Indian Act but not sold; (c) subsurface rights and interests in lands that have been absolutely surrendered under the Indian Act and of which only the surface rights and interests have been sold; or (d) rights and interests in reserve lands that have been granted to Her Majesty in right of Canada for oil or gas exploration or exploitation pursuant to a land code adopted under the Framework Agreement as defined in subsection 2(1) of the Framework Agreement on First Nation Land Management Act . ( terres de la première nation )
Indian Oil and Gas Act — I-7
first nation member , in relation to a first nation, means a person whose name appears on the band list of the first nation or who is entitled to have their name appear on that list. ( membre de la première nation )
Indian Oil and Gas Act — I-7
gas means natural gas — including natural gas from a coal bed — that can be recovered from a well or any component of it, including condensate and marketable gas. ( gaz )
Indian Oil and Gas Act — I-7
inspector means an inspector designated under section 8. ( inspecteur )
Indian Oil and Gas Act — I-7
lawful possession , in relation to first nation lands, means lawful possession within the meaning of subsection 20(1) or section 22 of the Indian Act . ( possession légale )
Indian Oil and Gas Act — I-7
Minister means the Minister of Indigenous Services. ( ministre )
Indian Oil and Gas Act — I-7
oil means a mixture of hydrocarbons that can be recovered from a well in liquid form, with the exception of condensate. ( pétrole )
Indian Oil and Gas Act — I-7
operator means a person who is engaged in exploration for or exploitation of oil or gas situated in first nation lands. ( exploitant )
Indian Oil and Gas Act — I-7 3
Instruments under other Acts 3 (1) Any licence, permit, lease or other instrument granted under any other Act of Parliament for the purpose of exploration for or exploitation of oil or gas situated in first nation lands — other than an instrument granted under the First Nations Oil and Gas and Moneys Management Act or an instrument granted to a person other than Her Majesty in right of Canada under the First Nations Land Management Act , as it read before the coming into force of the Framework Agreement on First Nation Land Management Act , or the Framework Agreement , as defined in subsection 2(1) of that Act — is subject to this Act as if the instrument were a contract. Excluded lands (2) The Governor in Council may, by regulation, exclude from the application of this Act any first nation lands that, in the Governor in Council’s opinion, contain crude bitumen that is capable of being recovered by mining. R.S., 1985, c. I-7, s. 3 2009, c. 7, s. 1 2022, c. 19, s. 126
Indian Oil and Gas Act — I-7 4
Royalties 4 (1) Despite the provisions of any contract but subject to subsection (2), whenever oil or gas is recovered from first nation lands, there is reserved to Her Majesty in right of Canada in trust for the first nation concerned a royalty consisting of the share of the oil or gas determined under the regulations, which the contract holder shall pay to Her Majesty in right of Canada in trust for the first nation in accordance with the regulations. Special agreements (2) The Minister may, with the approval of the council of a first nation, enter into a special agreement with any person, for any period and subject to any conditions set out in the agreement, for a reduction or increase in the royalty otherwise payable under subsection (1) or a variation in the method of determining that royalty. R.S., 1985, c. I-7, s. 4 2009, c. 7, s. 1
Indian Oil and Gas Act — I-7 4.1
ands for the purposes of this Act and authorizing the Minister to require surveys to be carried out in prescribed circumstances; (o) respecting the keeping, or the submission to the Minister or the council of a first nation, of documents and information related to the administration of this Act or the regulations by contract holders, operators, persons whose rights have been combined with those of a contract holder pursuant to regulations made under paragraph (s) or persons who have acquired oil or gas recovered from first nation lands or a right to such oil or gas, and authorizing the Minister on application to vary the location at which any such documents or information are to be kept; (p) respecting audits and examinations of documents and information referred to in paragraph (o) by first nations pursuant to agreements with the Minister, for the purpose of verifying the royalties payable on oil or gas recovered from first nation lands; (q) respecting inspections, by persons authorized by a written resolution of a first nation council, of facilities and operations on first nation lands that are related to exploration for or exploitation of oil or gas, in order to monitor compliance with this Act and the regulations; (r) respecting the confidentiality of and access to information obtained under this Act; (s) respecting the combining, with the approval of the Minister, of rights to oil or gas under a contract with rights to oil or gas under another contract, or with rights to oil or gas situated outside first nation lands, for the purpose of the joint exploitation of oil or gas, the prevention of waste or the sharing of oil or gas; (t) respecting the abandonment of oil and gas wells or their conversion to uses incidental to the exploitation of oil or gas, and authorizing the Minister to approve such abandonments or conversions; (u) establishing fees payable by individuals, corporations, partnerships or trusts in relation to contracts or for services provided in the administration of this Act; (v) requiring, to the extent that it is practicable and reasonably efficient, safe and economical to do so, an operator to employ persons who are resident on reserves that include first nation lands on which the exploration or exploitation is being conducted; (w) specifying powers of the Minister that may only be exercised following notice or a hearing and prescribing the manner of giving notice, the content of notices and the procedure governing hearings; (x) respecting the protection of the environment from the effects of exploration for or exploitation of oil or gas situated in first nation lands, respecting environmental audits and authorizing the Minister to require such audits to be carried out in specified circumstances at the expense of contract holders; (y) respecting the conservation and equitable production of oil or gas situated in first nation lands; and (z) generally for carrying out the purposes of this Act. Provincial variations (2) Regulations made under subsection (1) may vary from province to province. 2009, c. 7, s. 1
Indian Oil and Gas Act — I-7 4.2
Incorporation by reference 4.2 (1) Regulations made under subsection 4.1(1) — other than regulations made under paragraphs 4.1(1)(a) to (d), (f) to (r), (v) and (w) — may incorporate by reference laws of a province as amended from time to time, with any adaptations that the Governor in Council considers appropriate. Powers of provincial officials and bodies (2) Regulations incorporating laws of a province may confer any power or impose any duty that the Governor in Council considers necessary on any provincial official or body, to be exercised or performed on behalf of the federal government in the same circumstances and subject to the same conditions as those governing the exercise of that power or the performance of that duty under the laws of the province. Agreement with province (3) The Minister may enter into an agreement with the government of a province, or with a public body established by the laws of a province, respecting the administration or enforcement on first nation lands of any laws of the province that are incorporated by the regulations, including the exchange of information related to administration and enforcement of those laws. Inconsistency with regulations under other Acts (4) Regulations made under any other Act of Parliament prevail over laws of a province that are incorporated by the regulations made under this Act to the extent of any inconsistency, unless the incorporating regulations provide otherwise. Review by provincial courts (5) Unless the regulations provide otherwise, where a power is conferred or a duty is imposed by laws of a province that are incorporated by the regulations, the exercise of that power or the performance of that duty is subject to review by, or appeal to, the courts of the province in the same manner and to the same extent as if the laws of the province applied of their own force. Moneys (6) Unless otherwise provided by the regulations, moneys collected by a provincial official or body under laws of a province that are incorporated by the regulations are not Indian moneys for the purposes of the Indian Act or public money for the purposes of the Financial Administration Act . Immunity — acts or omissions (7) In respect of an act or omission occurring in the exercise of a power or the performance of a duty by a provincial official or body under laws of a province that are incorporated by the regulations, the official or body exercising that power or performing that duty is entitled, unless the regulations provide otherwise, to the same limits on liability, defences and immunities as those that would apply under the laws of the province to an official or body exercising a like power or performing a like duty. 2009, c. 7, s. 1
Indian Oil and Gas Act — I-7 4.3
Inconsistency with first nation laws 4.3 Regulations made under this Act prevail over any by-laws or other laws made by a first nation under another Act of Parliament to the extent of any inconsistency between them, unless otherwise provided by regulations made under this Act. 2009, c. 7, s. 1
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Powers of Minister 5 (1) The Minister may (a) order the suspension of exploration for or exploitation of oil or gas situated in first nation lands or order a contract holder or operator to take remedial action if, in the Minister’s opinion, the exploration or exploitation (i) presents a danger to property, risks the wasting of oil or gas or risks disturbing or damaging an oil or gas reservoir, the surface of land or the environment, or (ii) presents a risk of harm to a site of palaeontological, archaeological, ethnological or historical significance or to a site that is of cultural, spiritual or ceremonial importance to the first nation; (b) authorize the resumption of any exploration or exploitation suspended under paragraph (a) if, in the Minister’s opinion, the danger or risk no longer exists and if any remedial action ordered has been taken to the Minister’s satisfaction; (c) despite the regulations, where lands have been set apart as a reserve for purposes of the implementation of an agreement for the settlement of land claims arising under a treaty, grant a contract that includes terms and conditions similar to those that were in effect in respect of those lands immediately before they were set apart as a reserve; (d) fix a later time for a person to do anything under this Act or under a contract, even though the original time for doing it has passed, if the Minister is satisfied that a delay is or was unavoidable and that an extension would not prejudice any other person; and (e) prescribe any forms that are necessary for the purposes of this Act. Conditions (2) In exercising a power under subsection (1), the Minister may impose any conditions that the Minister considers appropriate. R.S., 1985, c. I-7, s. 5; 1999, c. 31, s. 137(E) 2009, c. 7, s. 1
Indian Oil and Gas Act — I-7 5.1
Limitation period 5.1 (1) Without limiting any other right or remedy available to the Minister, the Minister may commence an action to collect an amount owing to Her Majesty in right of Canada under this Act — and any interest owing on the amount — within 10 years after the end of the calendar year in which the amount became owing. Exception — fraud, misrepresentation (2) Despite subsection (1), the Minister may commence an action at any time to collect an amount owing to Her Majesty in right of Canada under this Act that was unpaid by reason of fraud or because of a misrepresentation that is attributable to neglect, carelessness or wilful default, together with any interest owing on that amount. 2009, c. 7, s. 1
Indian Oil and Gas Act — I-7 6
Minister to consult 6 (1) The Minister, in administering this Act, shall consult, on a continuing basis, persons representative of the Indian bands most directly affected thereby. Approval or notice (1.1) The Governor in Council may, by regulation, (a) require that a power of the Minister under this Act in relation to first nation lands be exercised only if prior approval of the council of the first nation is obtained, if the council is first consulted or if prior notice is given to the council, as the case may be; (b) require that any such power of the Minister be exercised only if prior consent is given by any first nation member who is in lawful possession of the first nation lands; and (c) require that notice be given to the council of the first nation after the Minister exercises any such power. Rights not abrogated (2) Nothing in this Act shall be deemed to abrogate the rights of Indian people or preclude them from negotiating for oil and gas benefits in those areas in which land claims have not been settled. R.S., 1985, c. I-7, s. 6 2009, c. 7, s. 2
Indian Oil and Gas Act — I-7 7
Canada Labour Code 7 This Act does not affect the application of the Canada Labour Code . 2009, c. 7, s. 3
Indian Oil and Gas Act — I-7 8
Designation of inspectors 8 (1) The Minister may designate any person as an inspector for the purpose of verifying compliance with this Act and the regulations. Certificate (2) The Minister shall provide every inspector with a certificate of designation, which the inspector shall, on request, show to the person appearing to be in charge of a place being inspected. 2009, c. 7, s. 3
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Inspection on first nation lands 9 (1) An inspector and any person accompanying an inspector may, at any reasonable time, enter and inspect any place on first nation lands, other than a dwelling-place, if the inspector has reasonable grounds to believe that an activity to which this Act applies is being carried on, or has been carried on, in that place. Outside first nation lands (2) An inspector and any person accompanying an inspector may at any reasonable time, for the purpose of verifying the quantity or quality of oil or gas recovered from first nation lands or the amount of any costs or allowances prescribed under subparagraph 4.1(1)(g)(ii), enter and inspect any place outside first nation lands where such oil or gas is handled, treated or processed or its volume measured. Powers of inspectors (3) An inspector conducting an inspection of a place and any person accompanying the inspector may (a) examine anything found in the place that is used in exploration for or exploitation of oil or gas, or observe any operation in the place that is related to such exploration or exploitation; (b) take samples of anything relevant to the administration of this Act or the regulations and dispose of them afterwards; (c) conduct any tests or take any measurements; (d) examine any documents or information found in the place that the inspector has reasonable grounds to believe are relevant to the administration of this Act or the regulations and copy the documents or information, take extracts from them or require any person in the place to provide copies of them; (e) use or cause to be used any copying equipment at the place to reproduce such documents and remove the copies for the purpose of examination; (f) take photographs and make sketches or video recordings; (g) use or cause to be used any computer system or data processing system at the place to search and examine any data contained in or available to the system; (h) obtain, in the form of a printout or other output, a copy of any data referred to in paragraph (g) that the inspector has reasonable grounds to believe are relevant to the administration of this Act or the regulations, and remove it for the purpose of examination; and (i) require any person present in the place to accompany the inspector during the inspection and require that person to answer all proper questions and to give the inspector all reasonable assistance. 2009, c. 7, s. 3
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Audits and examinations 10 (1) A person authorized by the Minister to do so may, at any reasonable time, (a) enter any place where a business is carried on, other than a dwelling-place, in which the person has reasonable grounds to believe that there are documents or information required to be kept under the regulations; and (b) conduct an audit or examination of any documents or information found in the place that the person has reasonable grounds to believe are relevant to the administration of this Act or the regulations. Powers of authorized persons (2) A person conducting an audit or examination under subsection (1) may (a) copy or take extracts of documents or information referred to in paragraph (1)(b); (b) use or cause to be used any copying equipment at the place to reproduce any such documents and remove the copies for the purposes of the audit or examination; (c) use or cause to be used any computer system or data processing system at the place to search and examine any data contained in or available to the system; (d) obtain, in the form of a printout or other output, a copy of any data referred to in paragraph (c) that the person has reasonable grounds to believe are relevant to the administration of this Act or the regulations, and remove it for the purposes of the audit or examination; and (e) require any person present in the place to remain there during the audit or examination and require that person, or any other person having control of such documents or information, to answer all proper questions and to give all reasonable assistance to the authorized person. Persons accompanying (3) Subject to any conditions prescribed by the regulations, a person conducting an audit or examination under subsection (1) may be accompanied by any person so authorized by the Minister. 2009, c. 7, s. 3
Indian Oil and Gas Act — I-7 11
Demand to produce documents 11 The Minister may, for the purposes of an audit or examination, order any person who is required by the regulations to keep documents or information to produce — at the place, within the time and in the manner specified by the Minister — any document or information that the Minister has reasonable grounds to believe is relevant to the administration of this Act or the regulations. 2009, c. 7, s. 3
Indian Oil and Gas Act — I-7 12
Compliance order 12 (1) A judge may, on application, order a person to provide to the Minister, an inspector or a person conducting an audit or examination any access, assistance, document or information that the person was required or ordered to provide under section 9, 10 or 11, unless — in the case of a document or information — the document or information is protected from disclosure by the privilege between legal advisers and their clients. Conditions (2) The judge making an order under subsection (1) may impose any conditions in respect of the order that the judge considers appropriate. Contempt of court (3) If a person fails or refuses to comply with an order under subsection (1), a judge may find the person in contempt of court and the person is subject to the processes and the punishments of the court to which the judge is appointed. Appeal (4) An order by a judge under subsection (1) may be appealed to a court having appellate jurisdiction over decisions of the court to which the judge is appointed, but an appeal does not suspend the execution of the order unless it is so ordered by a judge of the appellate court. Definition of judge (5) In this section, judge means a judge of a superior court of the province in which the matter arises or a judge of the Federal Court. 2009, c. 7, s. 3
Indian Oil and Gas Act — I-7 13
Prohibition 13 (1) No person shall interfere with or obstruct any person doing anything the person is authorized to do under this Act. Compliance (2) Every person shall, unless unable to do so, do everything that the person is required to do under subsection 9(3) or 10(2) or section 11. 2009, c. 7, s. 3
Indian Oil and Gas Act — I-7 14
Designation of enforcement officers 14 (1) The Minister may designate any person as an enforcement officer for the purpose of enforcing this Act and the regulations. Public officer (2) For greater certainty, an enforcement officer is a public officer for the purposes of sections 487, 487.11 and 489 of the Criminal Code . Certificate (3) The Minister shall provide every enforcement officer with a certificate of designation, which the officer shall, on request, show to the person appearing to be in charge of a place being searched. 2009, c. 7, s. 3
Indian Oil and Gas Act — I-7 15
Ministerial powers 15 Without derogating from paragraph 24(2)(d) of the Interpretation Act in relation to any other power of the Minister under this Act, the Minister may delegate in writing any of the Minister’s powers under subsections 8(1), 10(1) and (3) and 14(1) to any person employed in the Department of Indigenous Services. 2009, c. 7, s. 3 2019, c. 29, s. 372 2019, c. 29, s. 376
Indian Oil and Gas Act — I-7 16
Prohibition 16 No person shall explore for or exploit oil or gas situated in first nation lands except as authorized by or under this Act. 2009, c. 7, s. 3