GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Oil and Gas Operations Act — O-7 71.06
Issuance and service of notice of violation 71.06 (1) If a person designated under paragraph 71.02(b) believes on reasonable grounds that a person has committed a violation, the designated person may issue a notice of violation and cause it to be served on the person. Contents (2) The notice of violation shall (a) name the person that is believed to have committed the violation; (b) set out the relevant facts surrounding the violation; (c) set out the amount of the penalty for the violation; (d) inform the person of their right, under section 71.2 , to request a review with respect the amount of the penalty or the facts of the violation, and of the prescribed period within which that right is to be exercised; (e) inform the person of the manner of paying the penalty set out in the notice; and (f) inform the person that, if they do not exercise their right to request a review or if they do not pay the penalty, they will be considered to have committed the violation and that they are liable to the penalty set out in the notice. 2015, c. 4, s. 27
Canada Oil and Gas Operations Act — O-7 71.07
Certain defences not available 71.07 (1) A person named in a notice of violation does not have a defence by reason that the person (a) exercised due diligence to prevent the commission of the violation; or (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person. Common law principles (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act. 2015, c. 4, s. 27
Canada Oil and Gas Operations Act — O-7 71.08
Continuing violation 71.08 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued. 2015, c. 4, s. 27
Canada Oil and Gas Operations Act — O-7 71.09
Violation or offence 71.09 (1) Proceeding with any act or omission as a violation under this Act precludes proceeding with it as an offence under this Act, and proceeding with it as an offence under this Act precludes proceeding with it as a violation under this Act. Violations not offences (2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation. 2015, c. 4, s. 27
Canada Oil and Gas Operations Act — O-7 71.1
Limitation or prescription period 71.1 No notice of violation is to be issued more than two years after the day on which the matter giving rise to the violation occurred. 2015, c. 4, s. 27
Canada Oil and Gas Operations Act — O-7 71.2
Right to request review 71.2 A person who is served with a notice of violation may, within 30 days after the day on which it is served, or within any longer period that the Commission of the Canadian Energy Regulator allows, make a request to that Commission for a review of the amount of the penalty or the facts of the violation, or both. 2015, c. 4, s. 27 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 71.3
Correction or cancellation of notice of violation 71.3 At any time before a request for a review in respect of a notice of violation is received by the Commission of the Canadian Energy Regulator, a person designated under paragraph 71.02(b) may cancel the notice of violation or correct an error in it. 2015, c. 4, s. 27 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 71.4
Review 71.4 (1) On receipt of a request made under section 71.2, the Commission of the Canadian Energy Regulator shall conduct the review or cause the review to be conducted by a person designated under paragraph 71.02(d). Restriction (2) The Commission of the Canadian Energy Regulator shall conduct the review if the notice of violation was issued by a person designated under paragraph 71.02(d). 2015, c. 4, s. 27 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 71.5
Object of review 71.5 (1) The Commission of the Canadian Energy Regulator or the person conducting the review shall determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the person committed the violation, or both. Determination (2) The Commission of the Canadian Energy Regulator or the person conducting the review shall render a determination and the reasons for it in writing and cause the person who requested the review to be served with a copy of them. Correction of penalty (3) If the Commission of the Canadian Energy Regulator or the person conducting the review determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the Commission or the person, as the case may be, shall correct the amount of the penalty. Responsibility (4) If the Commission of the Canadian Energy Regulator or the person conducting the review determines that the person who requested the review committed the violation, the person who requested the review is liable to the penalty as set out in the notice issued under section 71.06 or as set out in the determination if the amount of the penalty was corrected under subsection (3). Determination final (5) A determination made under this section is final and binding and, except for judicial review under the Federal Courts Act , is not subject to appeal or to review by any court. Federal Court (6) Despite section 28 of the Federal Courts Act , the Federal Court has exclusive original jurisdiction to hear and determine an application for judicial review of a determination made under this section by the Commission of the Canadian Energy Regulator. 2015, c. 4, s. 27 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 71.6
Burden of proof 71.6 If the facts of a violation are reviewed, the person who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it. 2015, c. 4, s. 27
Canada Oil and Gas Operations Act — O-7 71.7
Payment 71.7 If a person pays the penalty set out in a notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended. 2015, c. 4, s. 27
Canada Oil and Gas Operations Act — O-7 71.8
Failure to act 71.8 A person that neither pays the penalty imposed under this Act nor requests a review within the period referred to in section 71.2 is considered to have committed the violation and is liable to the penalty. 2015, c. 4, s. 27
Canada Oil and Gas Operations Act — O-7 71.9
Debt to Her Majesty 71.9 (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered in the Federal Court or any other court of competent jurisdiction. Limitation period (2) No proceedings to recover the debt are to be instituted more than five years after the day on which the debt becomes payable. 2015, c. 4, s. 27
Canada Oil and Gas Operations Act — O-7 72
Certificate 72 (1) The Commission of the Canadian Energy Regulator may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 71.9(1). Registration in Federal Court (2) Registration in the Federal Court or in any other court of competent jurisdiction of a certificate of non-payment issued under subsection (1) has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs. R.S., 1985, c. O-7, s. 72; 1992, c. 35, s. 33; 2015, c. 4, s. 27 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 72.01
Admissibility of documents 72.01 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 71.06(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation. 2015, c. 4, s. 27
Canada Oil and Gas Operations Act — O-7 72.02
Publication 72.02 The Commission of the Canadian Energy Regulator may make public the nature of a violation, the name of the person who committed it and the amount of the penalty. 2015, c. 4, s. 27 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 72.1
Application 72.1 This Act applies to every interest or right in oil or gas acquired or vested before the coming into force of this section. R.S., 1985, c. 36 (2nd Supp.), s. 128
Canada Oil and Gas Operations Act — O-7 73
Binding on Her Majesty 73 This Act is binding on Her Majesty in right of Canada or a province. 1980-81-82-83, c. 81, s. 85
Canada Oil and Gas Operations Act — O-7 Commencement
Commencement * 74 Sections 39 to 47 shall come into force on a day to be fixed by proclamation. * [Note: Sections 39 to 47 in force July 31, 2010, see SI/2010-50.] R.S., c. O-4, s. 58
Canada Oil and Gas Operations Act — O-7 19
Definitions 19 (1) The definitions in this section apply in sections 20 to 28. existing federal interest means (a) an interest, within the meaning of section 2 of the Canada Petroleum Resources Act , in oil and gas in the Yukon Territory or the adjoining area in effect on the transfer date; or (b) a production licence issued on or after the transfer date by virtue of section 23. ( titres fédéraux existants ) transfer date means the effective date of the first order of the Governor in Council made pursuant to section 47.1 of the Yukon Act , as amended by this Act, after this section comes into force that transfers the administration and control of oil and gas to the Commissioner of the Yukon Territory. ( date de transfert ) Definitions (2) The expressions adjoining area , gas , oil , oil and gas interest , territorial oil and gas minister and Yukon oil and gas laws in sections 20 to 28 have the same meaning as in section 2 of the Yukon Act .
Canada Oil and Gas Operations Act — O-7 (a)
existing federal interest means (a) an interest, within the meaning of section 2 of the Canada Petroleum Resources Act , in oil and gas in the Yukon Territory or the adjoining area in effect on the transfer date; or (b) a production licence issued on or after the transfer date by virtue of section 23. ( titres fédéraux existants )
Canada Oil and Gas Operations Act — O-7
transfer date means the effective date of the first order of the Governor in Council made pursuant to section 47.1 of the Yukon Act , as amended by this Act, after this section comes into force that transfers the administration and control of oil and gas to the Commissioner of the Yukon Territory. ( date de transfert )
Canada Oil and Gas Operations Act — O-7 20
Continuation of existing interests 20 (1) Every existing federal interest remains in effect on and after the transfer date until it expires or is cancelled, until it is surrendered by the holder of the interest or until otherwise agreed to by the holder of the interest and the territorial oil and gas minister. Application of Yukon laws (2) On and after the transfer date and subject to subsection (3), Yukon oil and gas laws apply in respect of every existing federal interest, except that (a) rights under an existing federal interest, within the meaning of subsection (4), may not be diminished; and (b) the term of an existing federal interest may not be reduced. Cancellation or suspension (3) An existing federal interest may be cancelled or rights under it suspended, in accordance with Yukon oil and gas laws, if the interest could have been cancelled or the rights suspended in like circumstances before the transfer date. Rights (4) For the purposes of subsection (2), rights under an existing federal interest are the following: (a) in the case of an exploration licence issued under the Canada Petroleum Resources Act , (i) the rights described in paragraphs 22(a) and (b) of that Act, in respect of the lands described in the licence, and (ii) in lieu of the right described in paragraph 22(c) of that Act, the exclusive right to obtain, pursuant to Yukon oil and gas laws, production rights in respect of any part of the lands described in the licence in which oil or gas is determined, pursuant to those laws, to be commercially producible; (b) in the case of a significant discovery licence issued under the Canada Petroleum Resources Act , (i) the rights described in paragraphs 29(a) and (b) of that Act, in respect of the lands described in the licence other than any part of the lands for which a determination has been made under Yukon oil and gas laws to the effect that there is no potential for sustained production of oil or gas, and (ii) in lieu of the right described in paragraph 29(c) of that Act, the exclusive right to obtain, pursuant to Yukon oil and gas laws, production rights in respect of any part of those lands in which oil or gas is determined, pursuant to those laws, to be commercially producible; (c) in the case of a production licence issued under the Canada Petroleum Resources Act , (i) the rights described in subsection 37(1) of that Act, in respect of the lands described in the licence, and (ii) a right to the extension of the term of the licence, as provided by subsection 41(3) of that Act; and (d) in the case of a lease issued under the Canada Oil and Gas Land Regulations , C.R.C., c. 1518, (i) the rights described in section 58 of those Regulations, as that section read on the transfer date, in respect of the lands described in the lease, and (ii) a right to the reissuance of the lease, as provided by section 63 of those Regulations, as that section read on the transfer date. Confirmation of interests by Yukon laws (5) Yukon oil and gas laws must include provisions corresponding to the provisions of this section for as long as any existing federal interest remains in effect.
Canada Oil and Gas Operations Act — O-7 21
Exercise of access rights 21 Where Yukon oil and gas laws confer a right of access to lands for purposes of exploration for or production or transportation of oil or gas, and provide for the resolution of disputes between persons exercising that right and persons, other than the Governments of Canada and the Yukon Territory, having rights or interests in the surface of those lands, those laws shall provide for such resolution to be by means of access orders of the Yukon Surface Rights Board made in accordance with the Yukon Surface Rights Board Act .
Canada Oil and Gas Operations Act — O-7 22
Territorial Lands Act 22 Where any lands have been withdrawn from disposition pursuant to the Territorial Lands Act before the transfer date for any purposes and under any conditions, no oil and gas interest may be granted pursuant to Yukon oil and gas laws in relation to those lands, for those purposes and under those conditions, for as long as those lands remain withdrawn from disposition.
Canada Oil and Gas Operations Act — O-7 23
Pending applications under Canada Petroleum Resources Act 23 (1) Where an application for a declaration of commercial discovery or a production licence under the Canada Petroleum Resources Act in relation to lands in the Yukon Territory or the adjoining area was made but not disposed of before the transfer date, the application shall be disposed of in accordance with that Act as if it continued to apply in respect of those lands after the transfer date. Applications made after transfer date (2) Where a declaration of commercial discovery is made before the transfer date under the Canada Petroleum Resources Act and is in effect on the transfer date, or is made on or after the transfer date by virtue of subsection (1), in relation to any lands that immediately before that date were subject to an existing federal interest, (a) the owner of that interest may apply for a production licence in relation to those lands in accordance with that Act at any time within 30 days after the transfer date or after the making of the declaration, whichever is later, and (b) an application so made shall be disposed of in accordance with that Act, as if that Act continued to apply in respect of those lands after the transfer date.
Canada Oil and Gas Operations Act — O-7 24
Pending applications under Yukon Surface Rights Board Act 24 Where an application was made but not disposed of before the transfer date under section 65 of the Yukon Surface Rights Board Act in respect of a mineral right with a right of access under subsection 5.01(1) of the Canada Oil and Gas Operations Act , the application shall be disposed of as if section 65 of the Yukon Surface Rights Board Act continued to apply in respect of the right of access after the transfer date.
Canada Oil and Gas Operations Act — O-7 25
Indemnification by Yukon 25 (1) The Government of the Yukon Territory shall indemnify the Government of Canada against any claim, action or other proceeding for damages brought against the Government of Canada, or any of its employees or agents, arising out of any acts or omissions of the Government of the Yukon Territory in respect of the operation of Yukon oil and gas laws on and after the transfer date. Indemnification by Canada (2) The Government of Canada shall indemnify the Government of the Yukon Territory against any claim, action or other proceeding for damages brought against the Government of the Yukon Territory, or any of its employees or agents, after the transfer date in respect of the operation of the Canada Oil and Gas Operations Act , the Canada Petroleum Resources Act or Part II.1 of the National Energy Board Act before the transfer date. Exception (3) A Government is not entitled to be indemnified under this section by the other Government if it has settled the claim, action or proceeding without the approval of the other Government.
Canada Oil and Gas Operations Act — O-7 26
Publication of transfer date 26 The Minister of Indian Affairs and Northern Development shall cause notice of the transfer date to be published in the Canada Gazette .
Canada Oil and Gas Operations Act — O-7 27
Coming into force of Yukon oil and gas laws 27 Yukon oil and gas laws may be made at any time after this Act has been assented to, notwithstanding the application of the Canada Petroleum Resources Act and the Canada Oil and Gas Operations Act in the Yukon Territory until the transfer date, but those laws have no effect before the transfer date.
Oil Tanker Moratorium Act — O-8.3
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Oil Tanker Moratorium Act — O-8.3 1
Short title 1 This Act may be cited as the Oil Tanker Moratorium Act .
Oil Tanker Moratorium Act — O-8.3 2
Definitions 2 The following definitions apply in this Act. authorized representative has the same meaning as in section 2 of the Canada Shipping Act, 2001 . ( représentant autorisé ) crude oil means any liquid hydrocarbon mixture that occurs naturally in the earth — including a liquid hydrocarbon mixture from which distillate fractions have been removed or to which distillate fractions have been added — whether or not it has been treated to render it suitable for transportation. ( pétrole brut ) Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 . ( peuples autochtones du Canada ) marine installation means an installation that is used or is capable of being used in the loading or unloading of oil to or from vessels and that is on, or is connected to, land. ( installation maritime ) master has the same meaning as in section 2 of the Canada Shipping Act, 2001 . ( capitaine ) Minister means the Minister of Transport. ( ministre ) oil means petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products. ( hydrocarbure ) oil tanker means a vessel that is constructed or adapted to carry oil in bulk in liquid form in its hold. ( pétrolier ) owner , in relation to a vessel, means the registered owner of the vessel or, in the absence of registration, the person having for the time being, either by law or by contract, the rights of the owner of the vessel in respect of its possession and use. ( propriétaire ) persistent oil means an oil, or an oil of a class of oils, set out in the schedule. ( hydrocarbure persistant ) vessel has the same meaning as in section 2 of the Canada Shipping Act, 2001 . ( bâtiment )
Oil Tanker Moratorium Act — O-8.3
authorized representative has the same meaning as in section 2 of the Canada Shipping Act, 2001 . ( représentant autorisé )
Oil Tanker Moratorium Act — O-8.3
crude oil means any liquid hydrocarbon mixture that occurs naturally in the earth — including a liquid hydrocarbon mixture from which distillate fractions have been removed or to which distillate fractions have been added — whether or not it has been treated to render it suitable for transportation. ( pétrole brut )
Oil Tanker Moratorium Act — O-8.3
Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 . ( peuples autochtones du Canada )
Oil Tanker Moratorium Act — O-8.3
marine installation means an installation that is used or is capable of being used in the loading or unloading of oil to or from vessels and that is on, or is connected to, land. ( installation maritime )
Oil Tanker Moratorium Act — O-8.3
master has the same meaning as in section 2 of the Canada Shipping Act, 2001 . ( capitaine )
Oil Tanker Moratorium Act — O-8.3
Minister means the Minister of Transport. ( ministre )
Oil Tanker Moratorium Act — O-8.3
oil means petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products. ( hydrocarbure )
Oil Tanker Moratorium Act — O-8.3
oil tanker means a vessel that is constructed or adapted to carry oil in bulk in liquid form in its hold. ( pétrolier )
Oil Tanker Moratorium Act — O-8.3
owner , in relation to a vessel, means the registered owner of the vessel or, in the absence of registration, the person having for the time being, either by law or by contract, the rights of the owner of the vessel in respect of its possession and use. ( propriétaire )
Oil Tanker Moratorium Act — O-8.3
persistent oil means an oil, or an oil of a class of oils, set out in the schedule. ( hydrocarbure persistant )
Oil Tanker Moratorium Act — O-8.3
vessel has the same meaning as in section 2 of the Canada Shipping Act, 2001 . ( bâtiment )
Oil Tanker Moratorium Act — O-8.3 3
Binding on Her Majesty 3 (1) Subject to subsection (2), this Act is binding on Her Majesty in right of Canada or a province. Exclusion (2) This Act does not apply to vessels under the direction or control of the Minister of National Defence.
Oil Tanker Moratorium Act — O-8.3 3.2
Duty to consider — adverse effects 3.2 When making a decision under this Act, the Minister must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982 .