GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Oil and Gas Operations Act — O-7 5.37
Documents 5.37 (1) A holder of the leave required by paragraph 4.01(1)(d) and a holder of an authorization to construct or operate a pipeline issued under paragraph 5(1)(b), or the successor or assign of either holder, shall keep, in a form and manner determined by the Canadian Energy Regulator, any documents, including any records or books of account, that the Regulator requires and that contain information that is determined by the Regulator to be necessary for the administration of this Act and any regulations made under it. Production and inspection (2) The holder of that leave and the holder of that authorization, or the successor or assign of either holder, shall produce those documents to the Canadian Energy Regulator, or make them available to the Regulator or its designated representative, for inspection or copying at a time and under conditions set by the Regulator. 2007, c. 35, s. 149; 2015, c. 21, s. 42 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 5.4
Council established 5.4 (1) There is established a council, to be known as the Oil and Gas Administration Advisory Council, consisting of the following six members, namely, the Chairperson of the Canada–Nova Scotia Offshore Energy Regulator, the Chairperson of the Canada–Newfoundland and Labrador Offshore Energy Regulator, the Chairperson of the board of directors of the Canadian Energy Regulator, a person designated jointly by the federal Ministers, a person designated by one of the Provincial Ministers and a person designated by the other Provincial Minister. Duty of Council (2) The Council shall promote consistency and improvement in the administration of the regulatory regime in force under this Act and Part III of the Accord Acts and provide advice respecting those matters to the federal Ministers, the Provincial Ministers, the Canadian Energy Regulator and the Regulators referred to in subsection (1). 1992, c. 35, s. 12; 1994, c. 10, s. 6; 2012, c. 19, s. 120(E); 2014, c. 13, s. 102 2019, c. 28, s. 131 2024, c. 20, s. 219
Canada Oil and Gas Operations Act — O-7 5.5
Board established 5.5 (1) The federal Ministers, with the approval of the Provincial Ministers, may establish a board, to be known as the Offshore Oil and Gas Training Standards Advisory Board, consisting of not more than nine members, each of whom has special knowledge respecting offshore oil and gas operations or respecting training for such operations. Purpose (2) The Board shall inquire as to existing training standards and, if necessary, develop or encourage the development of training standards and shall recommend the adoption of training standards to the federal and Provincial Ministers, to the Canadian Energy Regulator and to the Boards referred to in subsection 5.4(1). 1992, c. 35, s. 12 2019, c. 28, s. 132
Canada Oil and Gas Operations Act — O-7 5.6
Title 5.6 (1) Subject to subsection (2), title to oil and gas produced during an extended formation flow test vests in the person who conducts the test in accordance with an authorization under section 5, with every approval and requirement subject to which such an authorization is issued and with any applicable regulation, whether or not the person has a production licence issued under the Canada Petroleum Resources Act . Conditions (2) Title to oil and gas referred to in subsection (1) is conditional on compliance with the terms of the authorization, approval or regulation, including the payment of royalties or other payment in lieu of royalties. Limitation (3) This section applies only in respect of an extended formation flow test that provides significant information for determining the best recovery system for a reservoir or for determining the limits of a reservoir or the productivity of a well producing oil or gas from a reservoir and that does not adversely affect the ultimate recovery from a reservoir. 1992, c. 35, s. 12
Canada Oil and Gas Operations Act — O-7 6
Oil and Gas Committee 6 (1) The Governor in Council may establish a committee to be known as the Oil and Gas Committee, which shall consist of five members, not more than three of whom shall be employees in the federal public administration. Ministerial direction (2) The Committee shall be under the direction of (a) the Minister of Northern Affairs in relation to any area in respect of which that Minister has administrative responsibility for the natural resources therein; and (b) the Minister of Natural Resources in relation to any area in respect of which that Minister has administrative responsibility for the natural resources therein. Appointment of members and chairman (3) The members of the Committee shall be appointed by the Governor in Council to hold office for a term of three years, and one member shall be designated as chairman for such term as may be fixed by the Governor in Council. Re-appointment permitted (4) A retiring chairman or retiring member may be re-appointed to the Committee in the same or another capacity. R.S., 1985, c. O-7, s. 6; 1994, c. 41, s. 37; 2003, c. 22, s. 224(E) 2019, c. 29, s. 374
Canada Oil and Gas Operations Act — O-7 7
Qualification of members 7 (1) The Governor in Council shall appoint as members of the Committee at least two persons who appear to the Governor in Council to have specialized, expert or technical knowledge of oil and gas. Departmental personnel and assistance (2) Persons employed in any division, branch or bureau of the Department of Indigenous Services, or the Department of Natural Resources, that is designated by order of the Minister concerned as the division, branch or bureau charged with the day-to-day administration and management of oil and gas resources for the Department, are not eligible to be members of the Committee, but the Ministers concerned may each designate one officer from any such division, branch or bureau who shall act as secretaries to the Committee. Staff (3) The Minister of Northern Affairs and the Minister of Natural Resources shall provide the Committee with such officers, clerks and employees as may be necessary for the proper conduct of the affairs of the Committee, and may provide the Committee with such professional or technical assistance for temporary periods or for specific work as the Committee may request, but no such assistance shall be provided otherwise than from the federal public administration except with the approval of the Treasury Board. Remuneration (4) The members of the Committee who are not employees in the federal public administration shall be paid such remuneration as may be authorized by the Governor in Council. Expenses (5) The members of the Committee are entitled to be paid reasonable travel and living expenses while absent from their ordinary place of residence in the course of their duties. R.S., 1985, c. O-7, s. 7; 1994, c. 41, ss. 37, 38; 2003, c. 22, s. 224(E) 2019, c. 29, s. 372 2019, c. 29, s. 374
Canada Oil and Gas Operations Act — O-7 8
Interest in oil and gas properties 8 No member of the Committee shall have a pecuniary interest of any description, directly or indirectly, in any property in oil or gas to which this Act applies or own shares in any company engaged in any phase of the oil or gas industry in Canada in an amount in excess of five per cent of the issued shares thereof, and no member who owns any shares of any company engaged in any phase of the oil or gas industry in Canada shall vote when a question affecting such a company is before the Committee. R.S., c. O-4, s. 6
Canada Oil and Gas Operations Act — O-7 9
Quorum 9 (1) A majority of the members, including one member who is not an employee in the federal public administration, constitutes a quorum of the Committee. Powers of Committee (2) The Committee may make general rules regulating its practice and procedure and the places and times of its sittings. R.S., 1985, c. O-7, s. 9; 2003, c. 22, s. 127(E)
Canada Oil and Gas Operations Act — O-7 10
Jurisdiction 10 (1) Where, under this Act, the Committee is charged with a duty to hold an inquiry or to hear an appeal, the Committee has full jurisdiction to inquire into, hear and determine the matter of the inquiry or appeal and to make any order or give any direction that pursuant to this Act the Committee is authorized to make or give or with respect to any matter, act or thing that by this Act may be prohibited or approved by the Committee or required by the Committee to be done. Powers of Committee (2) For the purpose of any inquiry, hearing or appeal or the making of any order pursuant to this Act, the Committee has, regarding the attendance, swearing and examination of witnesses, the production and inspection of documents, the entry on and inspection of property, the enforcement of its orders and regarding other matters necessary or proper for the due exercise of its jurisdiction pursuant to this Act, all such powers, rights and privileges as are vested in a superior court of record. Finding of fact conclusive (3) The finding or determination of the Committee on any question of fact within its jurisdiction is binding and conclusive. R.S., c. O-4, s. 8
Canada Oil and Gas Operations Act — O-7 11
Deputing member to hold inquiry 11 (1) The Committee may authorize and depute any member thereof to inquire into such matter before the Committee as may be directed by the Committee and to report the evidence and findings, if any, thereon to the Committee, and when the report is made to the Committee, it may be adopted as a finding of the Committee or otherwise dealt with as the Committee considers advisable. Powers of deputed member (2) Where an inquiry is held by a member under subsection (1), the member has all the powers of the Committee for the purpose of taking evidence or acquiring information for the purposes of the report to the Committee. R.S., c. O-4, s. 9
Canada Oil and Gas Operations Act — O-7 12
Advisory functions 12 The Minister may at any time refer to the Committee for a report or recommendation any question, matter or thing arising under this Act or relating to the conservation, production, storage, processing or transportation of oil or gas. R.S., c. O-4, s. 10
Canada Oil and Gas Operations Act — O-7 13
Enforcement of Committee orders 13 (1) Any order made by the Committee may, for the purpose of enforcement thereof, be made an order of the Federal Court and shall be enforced in like manner as any order of that Court. Procedure for enforcement (2) To make an order of the Committee an order of the Federal Court, the usual practice and procedure of that Court in such matters may be followed or in lieu thereof the secretary or another officer of the Committee may file in the Registry of the Federal Court a certified copy of the order and thereupon the order becomes an order of the Federal Court. When order rescinded or replaced (3) When an order of the Committee has been made an order of the Federal Court, any order of the Committee, or of the Governor in Council under section 51, rescinding or replacing the first mentioned order of the Committee, shall be deemed to cancel the order of the Court and may in like manner be made an order of the Court. R.S., c. O-4, s. 11; R.S., c. 10(2nd Supp.), ss. 64, 65
Canada Oil and Gas Operations Act — O-7 13.01
Definitions 13.01 The following definitions apply in this Part. holder means a holder of an authorization to construct or operate a pipeline issued under paragraph 5(1)(b). ( titulaire ) tariff means a schedule of tolls, terms and conditions, classifications, practices or rules and regulations applicable to the provision of a service by a holder and includes rules respecting the calculation of tolls. ( tarif ) toll includes any rate, charge or allowance charged or made (a) for the shipment, transportation, transmission, care, handling or delivery of oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas that is transmitted through a pipeline, or for storage or demurrage or the like; (b) for the provision of a pipeline when the pipeline is available and ready to provide for the transmission of oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas; and (c) in respect of the purchase and sale of gas that is the property of a holder and that is transmitted by the holder through its pipeline, from which is subtracted the cost to the holder of the gas at the point where it enters the pipeline. ( droit ) 2007, c. 35, s. 150
Canada Oil and Gas Operations Act — O-7
holder means a holder of an authorization to construct or operate a pipeline issued under paragraph 5(1)(b). ( titulaire )
Canada Oil and Gas Operations Act — O-7
tariff means a schedule of tolls, terms and conditions, classifications, practices or rules and regulations applicable to the provision of a service by a holder and includes rules respecting the calculation of tolls. ( tarif )
Canada Oil and Gas Operations Act — O-7 (a)
toll includes any rate, charge or allowance charged or made (a) for the shipment, transportation, transmission, care, handling or delivery of oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas that is transmitted through a pipeline, or for storage or demurrage or the like; (b) for the provision of a pipeline when the pipeline is available and ready to provide for the transmission of oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas; and (c) in respect of the purchase and sale of gas that is the property of a holder and that is transmitted by the holder through its pipeline, from which is subtracted the cost to the holder of the gas at the point where it enters the pipeline. ( droit )
Canada Oil and Gas Operations Act — O-7 13.02
Regulation of traffic, etc. 13.02 The Commission of the Canadian Energy Regulator may make orders with respect to all matters relating to traffic, tolls or tariffs. 2007, c. 35, s. 150 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 13.03
Tolls to be filed 13.03 (1) A holder shall not charge any tolls except tolls that are (a) specified in a tariff that has been filed with the Canadian Energy Regulator and is in effect; or (b) approved by an order of the Regulator. Tariff — gas (2) If gas transmitted by a holder through its pipeline is the property of the holder, the holder shall file with the Canadian Energy Regulator true copies of all the contracts it makes for the sale of the gas, at the time they are made, and any amendments to those contracts made from time to time, and the true copies constitute, for the purposes of this Part, a tariff under subsection (1). 2007, c. 35, s. 150 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 13.04
Commencement of tariff 13.04 If a holder files a tariff with the Canadian Energy Regulator and the holder proposes to charge a toll referred to in paragraph (b) of the definition toll in section 13.01, the Regulator may establish the day on which the tariff is to come into effect and the holder shall not begin charging the toll before that day. 2007, c. 35, s. 150 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 13.05
Tolls to be just and reasonable 13.05 All tolls shall be just and reasonable and shall always, under substantially similar circumstances and conditions with respect to all traffic of the same description carried over the same route, be charged equally to all persons at the same rate. 2007, c. 35, s. 150
Canada Oil and Gas Operations Act — O-7 13.06
Commission of the Canadian Energy Regulator determinations 13.06 The Commission of the Canadian Energy Regulator may determine, as questions of fact, whether or not traffic is or has been carried out under substantially similar circumstances and conditions referred to in section 13.05, whether in any case a holder has or has not complied with the provisions of that section, and whether there has, in any case, been unjust discrimination as set out in section 13.1. 2007, c. 35, s. 150 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 13.07
Interim tolls 13.07 If the Commission of the Canadian Energy Regulator has made an interim order authorizing a holder to charge tolls until a specified time or the happening of a specified event, the Commission may, in any subsequent order, direct the holder (a) to refund, in a manner satisfactory to the Commission, any part of the tolls charged by the holder under the interim order that is in excess of the tolls determined by the Commission to be just and reasonable, together with interest on the amount so refunded; or (b) to recover in its tolls, in a manner satisfactory to the Commission, the amount by which the tolls determined by the Commission to be just and reasonable exceed the tolls charged by the holder under the interim order, together with interest on the amount so recovered. 2007, c. 35, s. 150 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 13.08
Disallowance of tariff 13.08 The Commission of the Canadian Energy Regulator may disallow any tariff or any portion of any tariff that it considers to be contrary to any of the provisions of this Act or any order of the Commission and may require a holder, within a time fixed by the Commission, to substitute for it a tariff satisfactory to the Commission or may establish other tariffs in lieu of the tariff or the portion so disallowed. 2007, c. 35, s. 150 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 13.09
Suspension of tariff 13.09 The Commission of the Canadian Energy Regulator may suspend any tariff or any portion of any tariff before or after the tariff goes into effect. 2007, c. 35, s. 150 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 13.1
No unjust discrimination 13.1 A holder shall not make any unjust discrimination in tolls, service or facilities against any person or locality. 2007, c. 35, s. 150
Canada Oil and Gas Operations Act — O-7 13.11
Burden of proof 13.11 If it is shown that a holder makes any discrimination in tolls, service or facilities against any person or locality, the burden of proving that the discrimination is not unjust lies on the holder. 2007, c. 35, s. 150
Canada Oil and Gas Operations Act — O-7 13.12
No rebates, etc. 13.12 (1) No holder or shipper or an officer or employee, or an agent or mandatary, of a holder or shipper shall (a) offer, grant, give, solicit, accept or receive a rebate, concession or discrimination whereby a person obtains transmission of oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas by a holder at a rate less than that named in the tariffs then in force; or (b) knowingly be party or privy to a false billing, false classification, false report or other device resulting in a rate being charged that is less than that named in the tariffs then in force. Prosecution (2) No prosecution shall be instituted for an offence under this section without leave of the Commission of the Canadian Energy Regulator. 2007, c. 35, s. 150 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 13.13
Contracts limiting liability 13.13 (1) Except as provided in this section, no contract, condition or notice made or given by a holder limiting its liability in respect of the transmission of oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas relieves the holder from its liability, unless that class of contract, condition or notice is included as a term or condition of its tariffs as filed or has been first authorized or approved by order of the Commission of the Canadian Energy Regulator. Commission may determine limits (2) The Commission of the Canadian Energy Regulator may determine the extent to which the liability of a holder may be impaired, restricted or limited as provided in this section. Terms and conditions (3) The Commission of the Canadian Energy Regulator may establish the terms and conditions under which oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas may be transmitted by a holder. 2007, c. 35, s. 150 2019, c. 28, s. 133 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 13.14
Duty of holder of an operating licence or authorization under subsection 5(1) 13.14 (1) Subject to any exemptions or conditions that the Commission of the Canadian Energy Regulator may establish, a holder operating a pipeline for the transmission of oil shall, according to its powers, without delay and with due care and diligence, receive, transport and deliver all oil and any other substance, including water, incidental to the drilling for or production of oil offered for transmission by means of its pipeline. Orders for transmission of commodities (2) The Commission of the Canadian Energy Regulator may, by order, on any terms and conditions that it may specify in the order, require a holder operating a pipeline for the transmission of gas to receive, transport and deliver, according to its powers, gas and any other substance, including water, incidental to the drilling for or production of gas offered for transmission by means of its pipeline. Extension of facilities (3) If the Commission of the Canadian Energy Regulator finds that no undue burden will be placed on the holder by requiring the holder to do so and if it considers it necessary or desirable to do so in the public interest, the Commission may require a holder operating a pipeline for the transmission of oil or gas to provide adequate and suitable facilities for (a) the receipt, transmission and delivery of the oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas offered for transmission by means of its pipeline; (b) the storage of the oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas; and (c) the junction of its pipeline with other facilities for the transmission of the oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas. 2007, c. 35, s. 150 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 13.15
Extension of services of gas pipeline companies 13.15 (1) If the Commission of the Canadian Energy Regulator considers it necessary or desirable to do so in the public interest, it may direct a holder operating a pipeline for the transmission of gas to extend or improve its transmission facilities to provide facilities for the junction of its pipeline with any facilities of, and sell gas to, any person or municipality engaged or legally authorized to engage in the local distribution of gas to the public, and for those purposes to construct branch lines to communities immediately adjacent to its pipeline, if the Commission finds that to do so will not place an undue burden on the holder. Limitation on extension (2) Subsection (1) does not empower the Commission of the Canadian Energy Regulator to compel a holder to sell gas to additional customers if to do so would impair its ability to render adequate service to its existing customers. 2007, c. 35, s. 150 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 13.16
Holder’s powers 13.16 A holder may, for the purposes of its undertaking and subject to the provisions of this Act, transmit oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas by pipeline and regulate the time and manner in which it shall be transmitted and the tolls to be charged for the transmission. 2007, c. 35, s. 150
Canada Oil and Gas Operations Act — O-7 13.17
Regulations 13.17 The Governor in Council may make regulations for the purposes of this Part, designating as oil or gas any substance resulting from the processing or refining of hydrocarbons or coal if that substance (a) is asphalt or a lubricant; or (b) is a suitable source of energy by itself or when it is combined or used in association with something else. 2007, c. 35, s. 150