GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Oil and Gas Operations Act — O-7 47
How percentages of interests to be determined 47 (1) The percentages of interests referred to in subsections 39(1), 41(2), 42(2) and 44(2) shall be determined (a) with respect to royalty interests, on a prorated area basis; and (b) with respect to working interests, on the basis of tract participations shown in the unit agreement. Owner deemed to be royalty owner on a prorated area basis (2) Where a working interest in a unit tract is held as an incident of the ownership of a fee simple estate in oil or gas, the owner who holds that working interest shall, for the purposes of subsection (1), be deemed to be a royalty owner in respect of the tract on a prorated area basis under paragraph (1)(a). R.S., c. O-4, s. 36; 1976-77, c. 55, s. 5(E)
Canada Oil and Gas Operations Act — O-7 48
Pooled spacing unit included in unit area 48 (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. R.S., c. O-4, s. 37
Canada Oil and Gas Operations Act — O-7 48.01
Definitions 48.01 The following definitions apply in this section and in sections 48.02 to 48.096. notification area means the following: (a) that part of the offshore that is situated within 20 kilometres of the onshore; and (b) that part of the onshore that is situated within 20 kilometres of the offshore. ( zone de notification ) offshore means that part of the Inuvialuit Settlement Region that is not situated in the onshore. ( région extracôtière ) 2014, c. 2, s. 25
Canada Oil and Gas Operations Act — O-7 (a)
notification area means the following: (a) that part of the offshore that is situated within 20 kilometres of the onshore; and (b) that part of the onshore that is situated within 20 kilometres of the offshore. ( zone de notification )
Canada Oil and Gas Operations Act — O-7
offshore means that part of the Inuvialuit Settlement Region that is not situated in the onshore. ( région extracôtière )
Canada Oil and Gas Operations Act — O-7 48.02
Commission of the Canadian Energy Regulator’s obligations 48.02 If the data obtained from conducting a survey or drilling an exploratory well — as defined in subsection 101(1) of the Canada Petroleum Resources Act — in the notification area provide sufficient information for the Commission of the Canadian Energy Regulator to determine that a pool or field exists, the Commission shall (a) determine whether the pool or field is a straddling resource; (b) without delay notify the Minister and the Government of the Northwest Territories of its determination and the reasons for it; and (c) on request, provide that Minister or that Government with the information that is in the Commission’s possession and pertinent to that determination. 2014, c. 2, s. 25 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 48.03
Information sharing 48.03 The Minister and the Government of the Northwest Territories shall, on request, provide the other with the information that is in their possession and is relevant to the proper and efficient exploration for and the management, administration and exploitation of the straddling resource. 2014, c. 2, s. 25
Canada Oil and Gas Operations Act — O-7 48.04
Single pool or field 48.04 (1) A straddling resource may be exploited as a single pool or field, as the case may be. Single exploration or drilling program (2) An exploration or drilling program related to a straddling resource is, to the extent practicable, to be managed as a single exploration or drilling program. 2014, c. 2, s. 25
Canada Oil and Gas Operations Act — O-7 48.05
Notice — intention to start production 48.05 (1) If an interest owner, as defined in section 2 of the Canada Petroleum Resources Act , advises the Minister or the Commission of the Canadian Energy Regulator — including by way of an application under section 38 of the Canada Petroleum Resources Act or paragraph 5(1)(b) of this Act, as the case may be — that it intends to start production of a straddling resource, the Minister shall, without delay, notify the Government of the Northwest Territories of the interest owner’s intention. Notice — after production commences (2) If, after production commences, the Commission of the Canadian Energy Regulator determines that a pool or field is a straddling resource (a) the Minister or the Government of the Northwest Territories — depending on the jurisdiction in which production commenced — shall, without delay, notify the other of that determination; and (b) either of them may give notice under section 48.06. 2014, c. 2, s. 25 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 48.06
Requirement — exploitation as single unit 48.06 The Minister or the Government of the Northwest Territories may, by notice, require of the other that a pool or field that is a straddling resource be exploited as a single pool or field, as the case may be. 2014, c. 2, s. 25
Canada Oil and Gas Operations Act — O-7 48.07
Unit agreement 48.07 (1) The royalty owners and the working interest owners in respect of a straddling resource may enter into a unit agreement and, if it is approved under subsection 48.09(1), they shall operate their interests in accordance with it or any amendment to it. Unit operating agreement (2) The working interest owners in respect of a straddling resource may enter into a unit operating agreement and, if it is approved under subsection 48.09(1), they shall operate their interests in accordance with it or any amendment to it. Termination (3) Unless the Minister and the Government of the Northwest Territories agree to an earlier termination, a unit agreement or a unit operating agreement remains in force until the later of (a) the day on which commercial production from the straddling resources to which the agreement applies ends, and (b) the day on which there are no outstanding obligations in respect of the decommissioning or the abandonment of the production system for a straddling resource to which the agreement applies. 2014, c. 2, s. 25
Canada Oil and Gas Operations Act — O-7 48.08
Order to enter into agreements 48.08 If a straddling resource is required to be exploited as a single pool or field under section 48.06 and the working interest owners have not entered into a unit agreement and a unit operating agreement, the Minister shall order the working interest owners in the portion of the pool or field that is in the Minister’s jurisdiction to do so. 2014, c. 2, s. 25
Canada Oil and Gas Operations Act — O-7 48.09
Approval of agreements 48.09 (1) A unit agreement and a unit operating agreement are subject to the approval of the Minister and the Government of the Northwest Territories. They are to be approved only if all royalty owners and working interest owners referred to in subsection 48.07(1) or all working interest owners referred to in subsection 48.07(2), as the case may be, are parties to the agreement. Condition precedent (2) No authorization is to be issued under paragraph 5(1)(b) — and no development plan is to be approved under subsection 5.1(4) — in relation to the exploitation of a straddling resource if the unit agreement and the unit operating agreement are not approved under subsection (1). 2014, c. 2, s. 25
Canada Oil and Gas Operations Act — O-7 48.091
Referral to independent expert 48.091 If the royalty owners and the working interest owners in respect of a straddling resource do not enter into a unit agreement — and, in the case of the working interest owners, a unit operating agreement — within 90 days after the day on which the Minister orders the working interest owners to enter into those agreements under section 48.08, the Minister or the Government of the Northwest Territories may notify the other of their intention to refer the matter to an independent expert for a decision in accordance with section 48.095. 2014, c. 2, s. 25
Canada Oil and Gas Operations Act — O-7 48.092
Unitization order 48.092 (1) The Minister shall issue a unitization order in accordance with the independent expert’s final decision. Effect (2) The unit agreement and the unit operating agreement have the effect given them by the Minister’s order. Government of the Northwest Territories (3) A unitization order becomes effective only if the Government of the Northwest Territories issues an equivalent order. Joint approval (4) The issuance of a unitization order by the Minister and of an equivalent order by the Government of the Northwest Territories is deemed to be their joint approval of the unit agreement and the unit operating agreement. Effective date (5) Subject to subsection (3), a unitization order becomes effective on the day established in the order, but that day is not to be less than 30 days after the day on which the order is issued. 2014, c. 2, s. 25
Canada Oil and Gas Operations Act — O-7 48.093
Redetermination 48.093 The Minister, the Government of the Northwest Territories or a working interest owner may — in respect of future production — request a redetermination of (a) the apportionment of the production from the straddling resource; or (b) one or more of the elements set out in the unit agreement or the unit operating agreement. 2014, c. 2, s. 25
Canada Oil and Gas Operations Act — O-7 48.094
No agreement — royalty owners and working interest owners 48.094 If the royalty owners and the working interest owners in respect of a straddling resource do not enter into an agreement in respect of the redetermination under section 48.093 within 90 days after the day on which the request is made, the Minister or the Government of the Northwest Territories may notify the other of their intention to refer the matter to an independent expert for a decision in accordance with section 48.095. 2014, c. 2, s. 25
Canada Oil and Gas Operations Act — O-7 48.096
Regulations — Inuvialuit lands 48.096 The Governor in Council may, if the Inuvialuit Regional Corporation agrees in writing under subsection 3.3(b) of the Agreement to be bound by a provision of Article 5 of the Agreement, make regulations adapting the definitions Agreement , Inuvialuit Settlement Region and straddling resource in section 2 and sections 48.01 to 48.095 accordingly. 2014, c. 2, s. 25
Canada Oil and Gas Operations Act — O-7 48.1
Appropriate regulator 48.1 For the purposes of sections 48.11 to 48.14 , the appropriate regulator is any regulator that has jurisdiction in an area (a) adjoining the portion of the perimeter where the drilling took place or where an accumulation of oil or gas exists; or (b) into which there is reason to believe that, based on the data obtained from any drilling, an accumulation of oil or gas extends. 2015, c. 4, s. 24
Canada Oil and Gas Operations Act — O-7 48.11
Information 48.11 (1) If an exploratory well, as defined in subsection 101(1) of the Canada Petroleum Resources Act , is drilled in the perimeter, the Commission of the Canadian Energy Regulator shall provide each appropriate regulator, within the prescribed time and in the prescribed manner, with any information in its possession, including any prescribed information, that is relevant to the determination of whether a pool is transboundary and its delineation. Additional information (2) The Commission of the Canadian Energy Regulator shall, on request, provide the regulator with any additional information in its possession, that is relevant to the determination of whether a pool is transboundary and its delineation. 2015, c. 4, s. 24 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 48.12
Notice — as soon as feasible 48.12 (1) If the data obtained from any drilling in the perimeter provides sufficient information for the Commission of the Canadian Energy Regulator to determine whether a pool exists, the Commission shall notify each appropriate regulator as soon as feasible of its determination. Notice — after three drillings (2) If no notice is given under subsection (1), the Commission of the Canadian Energy Regulator shall, no later than one year after the day on which it receives data from the last of three drillings of the same geological feature in the perimeter, notify each appropriate regulator of its determination or that there is insufficient information to make a determination based on the data from those drillings. Notice — transboundary pool (3) If the Commission of the Canadian Energy Regulator determines that a pool exists, the Commission shall also specify in the notice whether or not there is, in its opinion, reason to believe that the pool is transboundary. Reasons (4) The Commission of the Canadian Energy Regulator shall provide each appropriate regulator and the Minister with the reasons for its determination and opinion. 2015, c. 4, s. 24 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 48.13
Notice from Canadian Energy Regulator 48.13 (1) If the Canadian Energy Regulator receives a notice from a regulator indicating the regulator’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 Commission of the Canadian Energy Regulator shall, within 90 days after the day on which the notice is received, inform the regulator of its agreement or disagreement with the content of the notice. Reasons (2) If the Commission of the Canadian Energy Regulator disagrees with the content of the notice, it shall provide the regulator with the reasons for its disagreement. 2015, c. 4, s. 24 2019, c. 28, s. 136 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 48.14
Delineation 48.14 (1) If, after receiving a notice under section 48.12 or 48.13 , the Commission of the Canadian Energy Regulator and the regulator in question agree that a pool exists, the Commission and that regulator shall jointly determine whether that pool is transboundary and, if so, they shall jointly delineate its boundaries. Disagreement (2) The Commission of the Canadian Energy Regulator or the regulator may, if they disagree about whether a pool exists, whether the pool is transboundary or its delineation, refer the matter to an expert, no later than 180 days after the day on which the Commission issues a notice under section 48.12 , or the regulator issues an equivalent notice. 2015, c. 4, s. 24 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 48.15
Appropriate regulator 48.15 For the purposes of sections 48.16 to 48.27 , the appropriate regulator is the regulator that has jurisdiction in an area into which the transboundary pool or field in question extends. 2015, c. 4, s. 24
Canada Oil and Gas Operations Act — O-7 48.16
Joint exploitation agreement 48.16 The Minister and the appropriate regulator may enter into a joint exploitation agreement providing for the development of a transboundary pool or field as a single field. The agreement shall include any matters provided for by regulation. 2015, c. 4, s. 24
Canada Oil and Gas Operations Act — O-7 48.17
Development as a single field 48.17 (1) If a joint exploitation agreement has been entered into, the transboundary pool or field may only be developed as a single field. The development of that field is subject to the following agreements having been entered into and subsequently approved under subsection 48.2 (2) or 48.23 (4): (a) a unit agreement that includes the details referred to in paragraphs 40(2)(a) to (d); and (b) a unit operating agreement that includes the details referred to in paragraphs 40(3)(a) to (e). Joint exploitation agreement prevails (2) The joint exploitation agreement prevails over the unit agreement and the unit operating agreement to the extent of any inconsistency between them. 2015, c. 4, s. 24
Canada Oil and Gas Operations Act — O-7 48.18
Intention to start production 48.18 (1) If an interest owner — as defined in the Canada Petroleum Resources Act — advises the Minister or the Canadian Energy Regulator, including by way of an application under paragraph 5(1)(b) of this Act or under section 38 of the Canada Petroleum Resources Act , that it intends to start production from a transboundary pool or field, the Minister shall notify the appropriate regulator as soon as feasible of the interest owner’s intention. Referral to expert (2) If the Minister and the regulator have attempted to enter into a joint exploitation agreement but have been unsuccessful, the Minister or the regulator may, 180 days after the day on which the Minister gives notice under subsection (1), refer the matter to an expert to determine the particulars of the agreement. They may, however, agree to refer the matter to an expert at any time before the end of those 180 days. 2015, c. 4, s. 24 2019, c. 28, s. 142
Canada Oil and Gas Operations Act — O-7 48.19
Unit agreement 48.19 (1) The royalty owners and the working interest owners in a transboundary pool or field that is to be developed as a single field may enter into a unit agreement and, once approved, shall operate their interests in accordance with it, including any amendment to it. Applicable provisions (2) Subsections 37(2) and (3) apply to the unit agreement. 2015, c. 4, s. 24
Canada Oil and Gas Operations Act — O-7 48.2
Condition precedent 48.2 (1) A unit agreement and unit operating agreement are to be jointly approved by the Minister and the appropriate regulator before an authorization is issued under paragraph 5(1)(b) for a work or activity proposed to be carried on in relation to the development of a transboundary pool or field as a single field. Approval (2) The Minister and the appropriate regulator may approve the unit agreement if all the royalty owners and all the working interest owners in the pool or field are parties to it; the Minister and the appropriate regulator may approve the unit operating agreement if all the working interest owners in the pool or field are parties to it. 2015, c. 4, s. 24
Canada Oil and Gas Operations Act — O-7 48.21
Application for unitization order 48.21 (1) One or more working interest owners who are parties to a unit agreement and a unit operating agreement and own in total 65% or more of the working interests in a transboundary pool or field that is to be developed as a single field may apply for a unitization order with respect to the agreements. Contents (2) The application shall be submitted to both the Minister and the appropriate regulator. It shall include the documents and statements referred to in subsection 40(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 Minister and the regulator shall, for the purposes of section 48.22 , appoint an expert in accordance with subsections 48.27 (2) to (4). 2015, c. 4, s. 24
Canada Oil and Gas Operations Act — O-7 48.22
Hearing 48.22 (1) Once seized of an application made under section 48.21 , 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 Minister and the appropriate regulator (a) order that the unit agreement is 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 all such owners, and that the unit operating agreement is 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 all such owners; and (b) include in the order any variations to the unit agreement or unit operating agreement that the expert determines are necessary to allow for the more efficient or more economical production of oil or gas from the unitized zone. Exception (3) Despite subsection (2), the expert shall end the hearing and request that the Minister and the appropriate regulator take the measure outlined in paragraph (2)(a) if the expert finds that, (a) on the day on which the hearing begins, (i) the unit agreement and the unit operating agreement have been executed by one or more working interest owners who own in total 65% or more of the total working interests in the unit area, and (ii) the unit agreement has been executed by one or more royalty owners who own in total 65% or more of the total royalty interests in the unit area; and (b) the unitization order applied for would allow for the more efficient or more economical production of oil or gas from the unitized zone. 2015, c. 4, s. 24
Canada Oil and Gas Operations Act — O-7 48.23
Unitization order 48.23 (1) The Minister shall issue an order in accordance with the expert’s request under subsection 48.22 (2) or (3). Effect of unitization order (2) The unit agreement and the unit operating agreement have the effect given to them by the Minister’s order. Equivalent order (3) A unitization order becomes effective only if the appropriate regulator has issued an equivalent order. Joint approval (4) The issuance of a unitization order by the Minister and of an equivalent order by the regulator 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 set out 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 Minister shall immediately revoke a unitization order that varies a unit agreement or a unit operating agreement if, before the effective date of that order, the applicant files with the Minister a notice withdrawing the application on behalf of the working interest owners or there are filed with the Minister 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 total working interests in the unit area and are part of the group that owns 65% or more of the total working interests as described in subparagraph 48.22 (3)(a)(i), and (ii) one or more royalty owners who own in total more than 25% of the total royalty interests in the unit area and are part of the group that owns 65% or more of the total royalty interests as described in subparagraph 48.22 (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 total working interests in the unit area and are part of the group that owns 65% or more of the total working interests as described in subparagraph 48.22 (3)(a)(i). Application of sections 43 and 46 (7) Sections 43 and 46 apply to the unitization order. 2015, c. 4, s. 24