GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Oil and Gas Operations Act — O-7 48.24
Amending unitization order 48.24 (1) A unitization order may be amended on the application of a working interest owner submitted to both the Minister and the appropriate regulator. Appointment of expert (2) The Minister and the regulator shall appoint an expert in accordance with subsections 48.27 (2) to (4) for the purposes of this section. Hearing (3) Once seized of the application, the expert shall hold a hearing at which all 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 Minister order the amendment of the unitization order in accordance with the amendment proposed and to include in the order any variations to it that the expert determines are necessary to allow for the more efficient or more economical production of oil or gas from the unitized zone. If the expert makes such a request, the expert shall also request that the appropriate regulator order the amendment of its equivalent order in the same way. Exception (5) If the expert finds that, on the day on which the hearing begins, one or more working interest owners who own in total 65% or more of the total working interests and one or more royalty interest owners who own in total 65% or more of the total royalty interests in the unit area have consented to the proposed amendment, the expert may end the hearing and request that the Minister amend the unitization order in accordance with the amendment proposed. If the expert makes such a request, the expert shall also request that the appropriate regulator amend its equivalent order in the same way. Application of section 48.23 (6) Section 48.23 applies, with any modifications that the circumstances require, to an amended unitization order. 2015, c. 4, s. 24
Canada Oil and Gas Operations Act — O-7 48.25
Protection of tract participation ratios 48.25 No amendment shall be made under section 48.24 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. 2015, c. 4, s. 24
Canada Oil and Gas Operations Act — O-7 48.26
Determination — percentages of interests 48.26 The percentages of interests referred to in subsections 48.21 (1), 48.22 (3), 48.23 (6) and 48.24 (5) shall be determined in accordance with section 47. 2015, c. 4, s. 24
Canada Oil and Gas Operations Act — O-7 48.27
Notice 48.27 (1) The party that intends to refer a matter to an expert under subsection 5.1(9), 5.2(6), 48.14 (2) or 48.18 (2) shall notify the other party of their intention. Appointment — single expert (2) Within 30 days after the day on which a notice is given under subsection (1) or an application is made under subsection 48.21 (1) or 48.24 (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 expert to a panel and those experts shall, in turn, jointly appoint an additional expert as chairperson. If there is no agreement on the appointment of a chairperson within 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 period for appointing a chairperson ends. Once the chairperson is appointed, the expert panel shall be seized of the matter. Qualifications — 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) Decisions of an expert panel 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 decision 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 Minister when their activities to which the records relate have ceased. 2015, c. 4, s. 24
Canada Oil and Gas Operations Act — O-7 49
Orders and decisions final 49 (1) Except as provided in this Act, every decision or order of the Committee is final and conclusive. Decision or order defined (2) Any minute or other record of the Committee or any document issued by the Committee, in the form of a decision or order, shall for the purposes of this section be deemed to be a decision or order of the Committee. R.S., c. O-4, s. 38; R.S., c. 10(2nd Supp.), s. 65
Canada Oil and Gas Operations Act — O-7 50
Stated case for Federal Court 50 (1) The Committee may of its own motion, or at the request of the Minister, state a case, in writing, for the opinion of the Federal Court on any question that in the opinion of the Committee is a question of law or of the jurisdiction of the Committee. Proceedings thereon (2) The Federal Court shall hear and determine the case stated and remit the matter to the Committee with the opinion of the Court thereon. R.S., c. O-4, s. 39; R.S., c. 10(2nd Supp.), s. 64
Canada Oil and Gas Operations Act — O-7 51
Governor in Council may review orders of Committee 51 The Governor in Council may at any time, in his discretion, either on petition of any interested person or of his own motion, vary or rescind any decision or order of the Committee made under this Act, whether the order is made between parties or otherwise and any order that the Governor in Council makes with respect thereto becomes a decision or order of the Committee and, subject to section 52, is binding on the Committee and on all parties. R.S., c. O-4, s. 40
Canada Oil and Gas Operations Act — O-7 52
Appeal to Federal Court 52 (1) An appeal lies from a decision or order of the Committee to the Federal Court on a question of law, on leave therefor being obtained from the Federal Court, in accordance with the practice of that Court, on application made within one month after the making of the decision or order sought to be appealed from or within such further time as that Court may allow. (2) [Repealed, R.S., 1985, c. 36 (2nd Supp.), s. 1] Staying order (3) Where leave to appeal is granted pursuant to subsection (1), any order of the Committee in respect of which the appeal is made shall be stayed until the matter of the appeal is determined. Powers of the Court (4) After the hearing of the appeal pursuant to this section, the Supreme Court of Canada shall certify its opinion to the Committee and the Committee shall make any order necessary to comply with the opinion. Order subject to section 51 (5) Any order made by the Committee pursuant to subsection (4), unless the order has already been dealt with by the Governor in Council pursuant to section 51, shall be subject to that section. R.S., 1985, c. O-7, s. 52; R.S., 1985, c. 36 (2nd Supp.), s. 126
Canada Oil and Gas Operations Act — O-7 53
Officers 53 The Chief Executive Officer of the Canadian Energy Regulator designates the safety officers and conservation officers necessary for the administration and enforcement of this Act and the regulations from among the employees of the Canadian Energy Regulator. R.S., 1985, c. O-7, s. 53; 1992, c. 35, s. 29; 1994, c. 10, s. 11 2019, c. 28, s. 137
Canada Oil and Gas Operations Act — O-7 54
Powers of officers 54 (1) For the purpose of ensuring compliance with this Act and the regulations, a safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may at any reasonable time (a) enter any place, including lands, buildings, installations, vessels, vehicles and aircraft, used for any work or activity in respect of which this Act applies, for the purpose of carrying out inspections, examinations, tests or inquiries or of directing that the person in charge of the place carry them out, and the officer may be accompanied by any other person that the officer believes is necessary to help carry out the inspection, examination, test or inquiry; (b) take photographs or make drawings of any place or thing referred to in this section; (c) order that any place or thing referred to in this section not be interfered with for a specified period; (d) require the production, for inspection or copying, of any books, records, documents, licences or permits required by this Act or the regulations; (e) take samples or particulars and carry out, or have carried out, any reasonable tests or examinations; and (f) require the person in charge of the place, or any other person in the place who has knowledge relevant to an inspection, examination, test or inquiry, to furnish information, either orally or in writing, in the form requested. Compliance audit (2) For greater certainty, the powers set out in subsection (1) include the power to conduct a compliance audit. R.S., 1985, c. O-7, s. 54; 1992, c. 35, s. 29; 2015, c. 21, s. 44
Canada Oil and Gas Operations Act — O-7 55
Certificate 55 The Chief Executive Officer of the Canadian Energy Regulator must provide every safety officer and conservation officer and the Chief Safety Officer and the Chief Conservation Officer with a certificate of appointment or designation and, on entering any place under this Act, the officer must, upon request, produce the certificate to the person in charge of the place. R.S., 1985, c. O-7, s. 55; 1992, c. 35, s. 29; 1994, c. 10, s. 15 2019, c. 28, s. 138
Canada Oil and Gas Operations Act — O-7 56
Assistance to officers 56 The owner, the person in charge of any place referred to in subsection 54(1) and every person found in the place shall give a safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, as the case may be, all reasonable assistance to enable the officer to carry out duties and functions under this Act or the regulations. R.S., 1985, c. O-7, s. 56; 1992, c. 35, s. 29; 2015, c. 21, s. 45(E)
Canada Oil and Gas Operations Act — O-7 57
Obstruction of officers and making of false statements 57 No person shall obstruct or hinder or make a false or misleading statement, either orally or in writing, to a safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer who is engaged in carrying out duties and functions under this Act or the regulations. R.S., 1985, c. O-7, s. 57; 1992, c. 35, s. 29
Canada Oil and Gas Operations Act — O-7 58
Power of officers 58 (1) A safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may order that an operation or activity in any area to which this Act applies cease or be continued only in accordance with the terms of the order if the officer, on reasonable grounds, is of the opinion that its continuation could result in harm to a person, damage to the environment or property or a breach of security, or is not in compliance with this Act or the regulations, and (a) the operation is in relation to the exploration or drilling for or the production, conservation, processing or transportation of oil or gas; or (b) the activity is prohibited by an order or regulation made under section 15.1. Notice (2) The officer who makes an order under subsection (1) shall affix at or near the scene of the operation a notice of the order in a form approved by the Canadian Energy Regulator. Expiry of order (3) An order made by a safety officer or a conservation officer under subsection (1) expires 72 hours after it is made unless it is confirmed before that time by order of the Chief Safety Officer or the Chief Conservation Officer, as the case may be. Modification or revocation (4) A safety officer or a conservation officer who makes an order under subsection (1) shall immediately so advise the Chief Safety Officer or the Chief Conservation Officer, as the case may be, and that Chief Officer may modify or revoke the order. Referral for review (5) A person carrying out an operation to which an order made under subsection (1) refers, or any person having a pecuniary interest in that operation, may, by notice in writing, request the Chief Safety Officer or the Chief Conservation Officer, as the case may be, to refer the order to the Commission of the Canadian Energy Regulator for a review of the need for the order under section 386 of the Canadian Energy Regulator Act and, on receiving the notice, that Chief Officer must refer the order accordingly. Prohibition (6) A person is prohibited from continuing an operation in respect of which an order has been made under this section, except in accordance with the terms of the order or until the order has been set aside by the Commission of the Canadian Energy Regulator under section 386 of the Canadian Energy Regulator Act . (7) to (9) [Repealed, 1994, c. 10, s. 12] R.S., 1985, c. O-7, s. 58; R.S., 1985, c. 36 (2nd Supp.), s. 127; 1992, c. 35, s. 29; 1994, c. 10, s. 12; 2015, c. 21, s. 46 2019, c. 28, s. 139 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 58.1
Priority 58.1 An order made by a safety officer or the Chief Safety Officer prevails over an order made by a conservation officer or the Chief Conservation Officer to the extent of any inconsistency between the orders. 1992, c. 35, s. 29
Canada Oil and Gas Operations Act — O-7 58.2
Installation manager 58.2 (1) Every holder of an authorization under paragraph 5(1)(b) in respect of a work or activity for which a prescribed installation is to be used shall put in command of the installation a manager who meets any prescribed qualifications, and the installation manager is responsible for the safety of the installation and the persons at it. Powers (2) Subject to this Act and any other Act of Parliament, an installation manager has the power to do such things as are required to ensure the safety of the installation and the persons at it and, more particularly, may (a) give orders to any person who is at the installation; (b) order that any person who is at the installation be restrained or removed; and (c) obtain information or documents. Emergency (3) In a prescribed emergency situation, an installation manager’s powers are extended so that they also apply to each operator of a vessel, vehicle or aircraft that is at the installation or that is leaving or approaching it. 1992, c. 35, s. 29
Canada Oil and Gas Operations Act — O-7 59
Offences with respect to documents and records 59 A person is guilty of an offence who (a) knowingly makes any false entry or statement in any report, record or document required by this Act or the regulations or by any order made pursuant to this Act or the regulations; or (b) knowingly destroys, mutilates or falsifies any report or other document required by this Act or the regulations or by any order made pursuant to this Act or the regulations. R.S., c. O-4, s. 48
Canada Oil and Gas Operations Act — O-7 61 and 62
61 and 62 [Repealed, 1992, c. 35, s. 30]
Canada Oil and Gas Operations Act — O-7 63
Presumption against waste 63 A person does not commit an offence under subsection 18(1) by reason of committing waste as defined in paragraph 18(2)(f) or (g) unless the person has been ordered by the Commission of the Canadian Energy Regulator under section 385 of the Canadian Energy Regulator Act to take measures to prevent the waste and has failed to comply. R.S., 1985, c. O-7, s. 63; 1994, c. 10, s. 14 2019, c. 28, s. 140
Canada Oil and Gas Operations Act — O-7 65
that day. Publication (3) If an offender does not comply with an order requiring the publication of facts relating to the offence and the details of the punishment, the Canadian Energy Regulator may, in the manner that the court directed the offender, publish those facts and details and recover the costs of publication from the offender. Debt due to Her Majesty (4) If the Canadian Energy Regulator incurs publication costs under subsection (3), the costs constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction. R.S., 1985, c. O-7, s. 65; 2015, c. 4, s. 26 2019, c. 28, s. 141(E) 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 65.1
Variation of sanctions 65.1 (1) Subject to subsection (2), if a court has made, in relation to an offender, an order under section 65, the court may, on application by the offender or the Commission of the Canadian Energy Regulator, require the offender to appear before it and, after hearing the offender and the Commission, vary the order in one or more of the following ways that the court considers appropriate because of a change in the offender’s circumstances since the order was made: (a) by making changes to any prohibition, direction, requirement or condition that is specified in the order for any period or by extending the period during which the order is to remain in force, not exceeding one year; or (b) by decreasing the period during which the order is to remain in force or by relieving the offender of compliance with any condition that is specified in the order, either absolutely or partially or for any period. Notice (2) Before making an order under subsection (1), the court may direct that notice be given to any persons that the court considers to be interested, and may hear any of those persons. 2015, c. 4, s. 26 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 65.2
Subsequent applications with leave 65.2 If an application made under subsection 65.1(1) in relation to an offender has been heard by a court, no other application may be made under section 65.1 in relation to the offender except with leave of the court. 2015, c. 4, s. 26
Canada Oil and Gas Operations Act — O-7 65.3
Recovery of fines and amounts 65.3 If a person is convicted of an offence under this Act and a fine that is imposed is not paid when required or if a court orders an offender to pay an amount under subsection 65(1) or 65.1(1), the prosecutor may, by filing the conviction or order, as the case may be, enter as a judgment the amount of the fine or the amount ordered to be paid, and costs, if any, in any court of competent jurisdiction in Canada, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against them in that court in civil proceedings. 2015, c. 4, s. 26
Canada Oil and Gas Operations Act — O-7 66
Continuing offences 66 Where an offence under this Act is committed on more than one day or is continued for more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued. R.S., c. O-4, s. 51
Canada Oil and Gas Operations Act — O-7 68
Limitation period 68 A prosecution for an offence under this Act may be instituted at any time within but not later than two years after the time when the subject-matter of the complaint arose. R.S., c. O-4, s. 53
Canada Oil and Gas Operations Act — O-7 69
Evidence 69 In any prosecution for an offence under this Act, a copy of an order purporting to have been made pursuant to this Act or the regulations and purporting to have been signed by the person authorized by this Act or the regulations to make that order is evidence of the matters set out therein. R.S., c. O-4, s. 54
Canada Oil and Gas Operations Act — O-7 70
Jurisdiction of judge or justice 70 Any complaint or information in respect of an offence under this Act may be heard, tried or determined by a justice or judge if the accused is resident or carrying on business within the territorial jurisdiction of that justice or judge although the matter of the complaint or information did not arise in that territorial jurisdiction. R.S., c. O-4, s. 55
Canada Oil and Gas Operations Act — O-7 71
Action to enjoin not prejudiced by prosecution 71 (1) Notwithstanding that a prosecution has been instituted in respect of an offence under this Act, the regulations or any order made pursuant to this Act or the regulations, Her Majesty in right of Canada may commence and maintain an action to enjoin the committing of any contravention of this Act, the regulations or any order made pursuant to this Act or the regulations. Civil remedy not affected (2) No civil remedy for any act or omission is suspended or affected by reason that the act or omission is an offence under this Act. R.S., c. O-4, s. 56
Canada Oil and Gas Operations Act — O-7 71.01
Regulations 71.01 (1) The Governor in Council may make regulations (a) designating as a violation that may be proceeded with in accordance with this Act (i) the contravention of any specified provision of this Act or of any of its regulations, (ii) the contravention of any direction, requirement, decision or order, or of any direction, requirement, decision or order of a specified class of directions, requirements, decisions or orders, made under this Act, or (iii) the failure to comply with any term, condition or requirement of (A) an operating licence or authorization or any specified class of operating licences or authorizations, or (B) any approval, leave or exemption or any specified class of approvals, leave or exemptions granted under this Act; (b) respecting the determination of, or the method of determining, the amount payable as the penalty, which may be different for individuals and other persons, for each violation; and (c) respecting the service of documents required or authorized under section 71.06, 71.2 or 71.5, including the manner and proof of service and the circumstances under which documents are considered to be served. Maximum penalty (2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for a violation shall not be more than $25,000, in the case of an individual, and $100,000, in the case of any other person. 2015, c. 4, s. 27
Canada Oil and Gas Operations Act — O-7 71.02
Powers 71.02 The Commission of the Canadian Energy Regulator may (a) establish the form of notices of violation; (b) designate persons or classes of persons who are authorized to issue notices of violation; (c) establish, in respect of each violation, a short-form description to be used in notices of violation; and (d) designate persons or classes of persons to conduct reviews under section 71.4. 2015, c. 4, s. 27 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 71.03
Commission of violation 71.03 (1) Every person who contravenes or fails to comply with a provision, direction, requirement, decision or order, or term or condition the contravention of which, or the failure to comply with which, is designated to be a violation by a regulation made under paragraph 71.01(1)(a) commits a violation and is liable to a penalty of an amount to be determined in accordance with the regulations. Purpose of penalty (2) The purpose of the penalty is to promote compliance with this Act and not to punish. 2015, c. 4, s. 27
Canada Oil and Gas Operations Act — O-7 71.04
Liability of directors, officers, etc. 71.04 If a corporation commits a violation, any director, officer, or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty of an amount to be determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Act. 2015, c. 4, s. 27
Canada Oil and Gas Operations Act — O-7 71.05
Proof of violation 71.05 In any proceedings under this Act against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee, or agent or mandatary, of the person, whether or not the employee, or agent or mandatary is identified or proceeded against in accordance with this Act. 2015, c. 4, s. 27