GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183
Pooled spacing unit included in unit area 183 (1) A pooled spacing unit that has been pooled pursuant to a pooling order and on which a well has been drilled may be included in a unit area as a single unit tract and the Committee may make such amendments to the pooling order as it deems necessary to remove any conflict between the provisions of the pooling order and the provisions of the unit agreement, or the unit operating agreement or the unitization order, if any. Effect of including pooled spacing unit in unit area (2) Where a pooled spacing unit is included in a unit area pursuant to subsection (1), the provisions of the unit agreement, the unit operating agreement and the unitization order, if any, prevail over the provisions of the pooling order in the event of a conflict. Exceptions (3) Notwithstanding subsection (2), (a) the share of the unit production that is allocated to the pooled spacing unit shall in turn be allocated to the separately owned tracts in the pooled spacing unit on the same basis and in the same proportion as production actually obtained from the pooled spacing unit would have been shared under the pooling order; (b) the costs and expenses of the unit operation that are allocated to the pooled spacing unit shall be shared and borne by the owners of the working interests therein on the same basis and in the same proportion as would apply under the pooling order; and (c) the credits allocated under a unit operating agreement to a pooled spacing unit for adjustment of investment for wells and equipment thereon shall be shared by the owners of the working interests therein in the same proportion as would apply to the sharing of production under the pooling order.
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.01
Information 183.01 (1) If an exploratory well , as defined in subsection 119(1), is drilled in the perimeter, the Regulator shall provide the appropriate authority, in the prescribed time and manner, with any information in its possession, including any prescribed information, pertinent to its determination of whether a transboundary pool exists and the delineation of it. Information in advance (2) The Regulator shall provide the Federal Minister and the Provincial Minister with any information referred to in subsection (1) before providing it to the appropriate authority. Additional information (3) After providing any information referred to in subsection (1) in the prescribed time, the Regulator shall, on request, provide the appropriate authority with any additional information in its possession that is pertinent to its determination of the existence of a transboundary pool and the delineation of it. 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.02
Notice — pool 183.02 (1) If the data obtained from any drilling in the perimeter provides sufficient information for the Regulator to determine whether a pool exists, the Regulator shall notify the appropriate authority as soon as feasible of its determination. Notice — transboundary pool (2) If the Regulator determines that a pool exists, the Regulator shall also specify in the notice whether or not there is, in its opinion, reason to believe that the pool is transboundary. Reasons (3) The Regulator shall, before it notifies the appropriate authority under subsection (1), provide the Federal Minister and the Provincial Minister with the reasons for its determination and opinion, if any. Timeline (4) The notice shall be given no later than one year after the Regulator receives the data from three drillings of the same geological feature in the perimeter. 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.03
Information received by Regulator 183.03 (1) If the Regulator receives a notice from an authority indicating the authority’s determination as to whether a pool exists in an area adjoining the perimeter, and, if applicable, whether there is reason to believe the pool extends into the perimeter, the Regulator shall, within 90 days after receiving the notice, inform the authority of its agreement or disagreement with the determination or opinion set out in the notice. Reasons (2) If the Regulator disagrees with the content of the notice, it shall provide the authority with the reasons for its disagreement. Information in advance (3) The Regulator shall, before it informs the authority of its agreement or disagreement with the content of the notice, inform the Federal Minister and the Provincial Minister of its determination, along with the reasons for that determination if it disagrees with the content of the notice. 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.04
Determination and delineation 183.04 (1) If, after receiving a notice under section 183.02 or 183.03, the Regulator and the authority in question agree that a pool exists, the Regulator and that authority shall jointly determine whether that pool is transboundary and, if so, they shall jointly delineate its boundaries. Disagreement (2) The Regulator or the authority — or in respect of any transboundary pool extending into the jurisdiction of a foreign government, the Federal Minister after consultations with the Minister of Foreign Affairs and the Provincial Minister — may, if they disagree about whether a pool exists, whether the pool is transboundary or its delineation, refer the matter to an expert and shall do so no later than 180 days after the day on which the Regulator issues a notice under subsection 183.02(1) or the authority issues an equivalent notice. Notification to Ministers (3) The Regulator shall, with respect to subsection (2), inform the Federal Minister and the Provincial Minister (a) that the Regulator intends to refer the matter to an expert; or (b) that the authority has referred the matter to an expert. Notification to the Provincial Minister (4) The Federal Minister shall, with respect to subsection (2) and any transboundary pool extending into the jurisdiction of a foreign government, inform the Provincial Minister that the foreign government has referred the matter to an expert. 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.05
Single pool 183.05 (1) A transboundary pool is to be exploited as a single pool. Conditions for joint exploitation (2) The exploitation of a transboundary pool is subject to a joint exploitation agreement having been entered into and to a unit agreement and a unit operating agreement having been entered into and approved under subsection 183.08(4) or 183.12(4). Joint exploitation agreement prevails (3) The joint exploitation agreement prevails over the unit agreement and the unit operating agreement to the extent of any inconsistency between them. 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.06
Joint exploitation agreement 183.06 (1) Subject to subsection (2), the Regulator and the appropriate authority may enter into a joint exploitation agreement providing for the exploitation of a transboundary pool as a single pool. The agreement shall include any matters provided for by regulation. Advice to Ministers (2) In the case of any transboundary pool extending into the jurisdiction of a foreign government, the Regulator shall provide advice in respect of the exploitation of that transboundary pool to the Federal Minister and the Provincial Minister, who may enter into a joint exploitation agreement with the appropriate authority. 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.07
Intention to start production 183.07 (1) If an interest owner , as defined in section 47, advises the Regulator, including by way of an application under subsection 81(1) or paragraph 138(1)(b), that it intends to start production of petroleum from the transboundary pool, the Regulator shall notify the appropriate authority as soon as feasible of the interest owner’s intention. Notification of intention (2) The Regulator shall, before notifying the appropriate authority of the interest owner’s intention to start production of petroleum from the transboundary pool, notify the Federal Minister and the Provincial Minister of that intention. Referral to expert (3) The appropriate authority or the Regulator — or in respect of any transboundary pool extending into the jurisdiction of a foreign government, the Federal Minister after consultation with the Minister of Foreign Affairs and the Provincial Minister — may, if they have not yet entered into a joint exploitation agreement within a period of 180 days after the Regulator’s notice was given under subsection (1), refer the matter of determining the particulars of the agreement to an expert. However, they may agree to refer the matter to an expert any time before the period ends. 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.08
Unit agreement 183.08 (1) The royalty owners and the working interest owners in a transboundary pool may enter into a unit agreement and, once it is approved, shall operate their interests in accordance with it or any amendment to it. Unit operating agreement (2) The working interest owners in a transboundary pool may enter into a unit operating agreement and, once it is approved, shall operate their interests in accordance with it or any amendment to it. Content (3) The unit agreement shall include the details referred to in paragraphs 175(2)(a) to (d) and the unit operating agreement shall include the details referred to in paragraphs 175(3)(a) to (e). Approval (4) The Regulator and the appropriate authority may approve the unit agreement if all the royalty owners and all the working interest owners in the transboundary pool are parties to it; the Regulator and the appropriate authority may approve the unit operating agreement if all the working interest owners in the transboundary pool are parties to it. Condition precedent (5) An authorization under paragraph 138(1)(b) for a work or activity proposed to be carried on in relation to the exploitation of a transboundary pool shall not be issued if the unit agreement and the unit operating agreement have not been jointly approved by the Regulator and the appropriate authority. Applicable provisions (6) Subsections 172(2) and (3) apply to the unit agreement. 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.09
Order to enter into agreements 183.09 When a joint exploitation agreement is entered into in respect of a transboundary pool, the Regulator shall order the working interest owners in the portion of the pool that is in its jurisdiction to enter into a unit agreement and a unit operating agreement with any other working interest owners in the pool if they have not already done so. 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.1
Application for unitization order 183.1 (1) One or more working interest owners who are parties to a unit agreement and a unit operating agreement and own 65% or more of the working interests in a transboundary pool may apply for a unitization order with respect to the agreements. Content and submission of application (2) The application shall be submitted to both the Regulator and the appropriate authority. It shall include the documents and statements referred to in subsection 175(1) and may be made by the unit operator or proposed unit operator on behalf of the working interest owners. Appointment of expert (3) The Regulator and the appropriate authority shall, for the purposes of section 183.11, appoint an expert in accordance with subsections 183.16(2) to (4). Appointment of expert (4) In respect of any transboundary pool extending into the jurisdiction of a foreign government, the Federal Minister shall, after consultation with the Provincial Minister, agree with the appropriate authority on the appointment of an expert in accordance with subsection 183.16(9). 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.11
Hearing 183.11 (1) Once seized of the application under section 183.1, the expert shall hold a hearing at which all interested persons shall be given an opportunity to be heard. Conclusion of hearing (2) On the conclusion of the hearing, the expert shall request that the Regulator and appropriate authority (a) order that the unit agreement be a valid contract enuring to the benefit of all the royalty owners and working interest owners who have an interest in the unit area and binding on and enforceable against those owners, and that the unit operating agreement be a valid contract enuring to the benefit of all the working interest owners who have an interest in the unit area and binding on and enforceable against those owners; and (b) include in the order any variations to the unit agreement or unit operating agreement determined necessary by the expert to allow for the more efficient or more economical production of petroleum from the unitized zone. Exception (3) Despite subsection (2), the expert shall end the hearing and request that the Regulator and the appropriate authority take the measures referred to in paragraph (2)(a) if the expert finds that (a) on the day the hearing begins, (i) the unit agreement and the unit operating agreement have been executed by one or more working interest owners who own 65% or more of the working interests in the unit area, and (ii) the unit agreement has been executed by one or more royalty owners who own 65% or more of the royalty interests in the unit area; and (b) the unitization order applied for would allow for the more efficient or more economical production of petroleum from the unitized zone. Measures (4) In respect of any transboundary pool extending into the jurisdiction of a foreign government, the interested persons referred to in subsection (1) are representatives of each country in question and, on the conclusion of the hearing, the expert shall request that the interested persons ensure that the Regulator and the appropriate authority take the measures referred to in subsection (2) or (3). 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.12
Unitization order 183.12 (1) The Regulator shall issue a unitization order in accordance with the expert’s request made under subsections 183.11(2) to (4). Effect of unitization order (2) The unit agreement and the unit operating agreement have the effect given to them by the unitization order. Equivalent order (3) A unitization order becomes effective only if the appropriate authority has issued an equivalent order. Joint approval (4) The issuance of a unitization order by the Regulator and of an equivalent order by the appropriate authority is deemed to be their joint approval of the unit agreement and the unit operating agreement. Effective date of unitization order (5) Subject to subsections (3) and (6), a unitization order becomes effective on the date established in the order, but that date shall not be less than 30 days after the day on which the order is made. Order revoked (6) The Regulator shall immediately revoke a unitization order varying a unit agreement or a unit operating agreement if, before the effective date of that order, the party who applied for a unitization order under subsection 183.1(1) files with the Regulator a notice withdrawing the application on behalf of the working interest owners or there are filed with the Regulator statements objecting to the order and signed (a) in the case of the unit agreement, by (i) one or more working interest owners who own in total more than 25% of the working interests in the unit area and are part of the group that owns 65% or more of the working interests as described in subparagraph 183.11(3)(a)(i), and (ii) one or more royalty owners who own in total more than 25% of the working interest in the unit area and are part of the group that owns 65% or more of the royalty interests as described in subparagraph 183.11(3)(a)(ii); or (b) in the case of the unit operating agreement, by one or more working interest owners who own in total more than 25% of the working interests in the unit area and are part of the group that owns 65% or more of the working interests as described in subparagraph 183.11(3)(a)(i). Technical defects in unitization order (7) A unitization order is not invalid by reason only of the absence of notice or of any irregularities in giving notice to any owner in respect of the application for the order or any proceedings leading to the making of the order. Production prohibited except in accord with unitization order (8) After the date on which a unitization order comes into effect and while the order remains in force, no person shall carry on any operations within the unit area for the purpose of drilling for or producing petroleum from the unitized zone, except in accordance with the provisions of the unit agreement and the unit operating agreement. Not statutory instruments (9) The unitization order is not a statutory instrument for the purposes of the Statutory Instruments Act . 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.13
Amending unitization order 183.13 (1) A unitization order may be amended on the application of a working interest owner submitted to both the Regulator and the appropriate authority. Appointment of expert (2) The Regulator and the appropriate authority shall, for the purposes of this section, appoint an expert in accordance with subsections 183.16(2) to (4). In the case of any transboundary pool extending into the jurisdiction of a foreign government, the Federal Minister, after consultation with the Provincial Minister, shall agree with the appropriate authority on the appointment of an expert in accordance with subsection 183.16(9). Hearing (3) Once seized of the application, the expert shall hold a hearing at which all the interested persons shall be given an opportunity to be heard. Conclusion of hearing (4) On the conclusion of the hearing, the expert may request that the Regulator amend the unitization order in accordance with the proposed amendment and include in the order any variations to it determined necessary by the expert to allow for the more efficient or more economical production of petroleum from the unitized zone. If the expert makes such a request, the expert shall also request that the appropriate authority amend its equivalent order in the same way. Exception — short hearing (5) If the expert finds that, on the day on which the hearing begins, one or more working interest owners who own 65% or more of the working interests and one or more royalty owners who own 65% or more of the royalty interests in the unit area have consented to the proposed amendment, the expert may end the hearing and request that the Regulator amend the unitization order in accordance with the amendment. If the expert makes such a request, the expert shall also request that the appropriate authority amend its equivalent order in the same way. Transboundary pools (6) In respect of any transboundary pool extending into the jurisdiction of a foreign government, the interested persons referred to in subsection (3) are representatives of each country in question and, on the conclusion of the hearing, the expert shall request that the interested persons ensure that the Regulator and the appropriate authority take the measures referred to in subsections (4) and (5). 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.14
Protection of tract participation ratios 183.14 No amendment shall be made under section 183.13 that will alter the ratios between the tract participations of those tracts that were qualified for inclusion in the unit area before the commencement of the hearing, and, for the purposes of this section, the tract participations shall be those indicated in the unit agreement when it became subject to a unitization order. 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.15
Determination — percentages of interests 183.15 The percentages of interests referred to in subsections 183.1(1), 183.11(3), 183.12(6) and 183.13(5) shall be determined in accordance with section 182. 2024, c. 20, s. 76
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 183.16
Notice 183.16 (1) The party that intends to refer a matter to an expert under subsections 45(9), 139(9), 183.04(2) and 183.07(3) shall notify the other party of their intention. Appointment — single expert (2) Within 30 days after notice is given under subsection (1), or of the application made under subsection 183.1(1) or 183.13(1), the parties shall agree on the appointment of an expert who shall be seized of the matter. Appointment — expert panel (3) If the parties do not agree on the appointment of a single expert, they shall, within 30 days after the day on which the period to jointly appoint an expert under subsection (2) ends, each appoint one member to an expert panel and those experts shall, in turn, jointly appoint an additional expert as chairperson. If the members fail to agree on the appointment of a chairperson within a period of 30 days after the day of the last appointment, the chairperson shall be appointed by the Chief Justice of the Federal Court within 30 days after the end of that period. Once the chairperson is appointed, the expert panel shall be seized of the matter. Conditions for appointment of expert (4) An expert shall be impartial and independent and have knowledge or experience relative to the subject of disagreement between the parties. Decisions (5) In the case of an expert panel, decisions shall be made on the basis of a majority vote of the members. The chairperson’s vote is the deciding vote in the case of a tie. Time limit (6) The expert’s decisions shall be made no later than 270 days after the day on which they were seized of the matter. Decision is final and binding (7) Subject to judicial review, a decision made by an expert is final and binding on all parties specified in the decision from the date specified in it. Records to be kept (8) An expert shall cause records to be kept of their hearings and proceedings and shall deposit their records with the Regulator when their activities to which the records relate have ceased. Expert — international treaty (9) In the case of a transboundary pool extending into the jurisdiction of a foreign government, the appointment of an expert and the making of decisions by them are to be made in accordance with any applicable international treaty respecting the exploration and exploitation of transboundary pools, as amended from time to time. Costs (10) In the circumstances described in subsection (9), Canada and the foreign government shall share equally both the expert’s fees and costs and the costs of the expert’s proceedings. With respect to the portion of those costs and fees to be paid by Canada, the governments of Canada and of the Province are to share the expert’s fees and costs equally and, unless otherwise agreed, the costs of the proceedings are also to be shared equally. Expert’s powers (11) An expert has the powers necessary to carry out their functions under this Act. 2024, c. 20, s. 76