1 (1) In this Act, “Board” means the Ontario Energy Board; (“Commission”) “correlative rights” means the right of every owner of a property in a pool of oil or gas to produce from that property the owner’s proportionate share of the oil or gas, or both, in the pool; (“droit corrélatif”) “facility” means any work used to store, process or transport any substance produced from or injected into a well; (“installation”) “gas” means a mixture containing hydrocarbons that is located in or recovered from an underground reservoir and that is gaseous at the temperature and pressure under which its volume is measured or estimated; (“gaz”) “inspector” means an inspector or officer appointed for the purposes of this Act and the regulations; (“inspecteur”) “licence” means a licence issued under this Act; (“licence”) “Minister” means the Minister of Natural Resources and Forestry or such other member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”) “Ministry” means the Ministry of the Minister; (“ministère”) “oil” means a mixture containing hydrocarbons that is located in or recovered from an underground reservoir, or recovered in processing, and that is liquid at the temperature and pressure under which its volume is measured or estimated; (“pétrole”) “oil field fluid” means, (a) anything that has been used as a well drilling fluid, and (b) formation water that is recovered from a well; (“fluide de champ pétrolifère”) “operator” means, in respect of a work, (a) a person who has the right as lessee, sub-lessee, assignee, owner or holder of a licence or permit to operate the work, (b) a person who is authorized under subsection 10 (1.1) to operate the work without a licence, (c) a person who has the control or management of the operation of the work, or (d) if there is no person described in clause (a), (b) or (c), the owner of the land on which the work is situated; (“exploitant”) “permit” means a permit issued under this Act; (“permis”) “pipeline” means a pipeline used for the collection of oil, gas or other substance produced from or injected into a well and transportation of the oil, gas or substance to a separating, processing or storage facility or to a distribution or transmission pipeline; (“pipeline”) “pool” means an underground accumulation of oil or gas or both, separated or appearing to be separated from any other such underground accumulation; (“gisement”) “prescribed” means prescribed by a regulation; (“prescrit”) “regulation” means a regulation made under this Act; (“règlement”) “solution mining” means the extraction of salt from a geological formation by the injection of water and the recovery of the salt in solution through a well; (“exploitation par dissolution”) “spacing unit” means a surface area and the subsurface beneath the surface area, established for the purpose of drilling for or producing oil or gas; (“unité d’espacement”) “Tribunal” means the Ontario Land Tribunal; (“Tribunal”) “well” means a hole in the ground, whether completely drilled or in the process of being drilled, for the purpose of, (a) the production of oil, gas or formation water, including the production of coal bed methane but excluding the production of fresh water, (b) the injection, storage and withdrawal of oil, gas, other hydrocarbons or other prescribed substances in an underground geological formation, (b.1) a compressed air energy storage project that is prescribed, or any part or portion of such a project as may be prescribed, (c) the disposal of oil field fluid in an underground geological formation, (d) solution mining, or Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “well” in subsection 1 (1) of the Act is amended by striking out “or” at the end of clause (d) and by adding the following clause: (See: 2023, c. 9, Sched. 23, s. 1) (d.1) a special project that is designated by the Minister under section 11.1, or (e) geological evaluation or testing rocks of Cambrian or more recent age; (“puits”) Note: On a day to be named by proclamation of the Lieutenant Governor, clause (e) of the definition of “well” in subsection 1 (1) of the Act is repealed and the following substituted: (See: 2019, c. 14, Sched. 15, s. 46 (2)) (e) geological evaluation or testing in rock that is of Cambrian age or younger, other than any evaluation or testing that is prescribed as excluded, if the geological evaluation or testing, (i) is carried out in relation to any of the activities set out in clauses (a) to (d), (ii) involves a hole in the ground the final depth of which is, or will be, at or below the depth where any of the activities set out in clause (a), (b), (c) or (d) occur or could be reasonably expected to occur based on the location of the activity, in accordance with any prescribed criteria with respect to the depth specified for the location of the activity, or (iii) involves a hole in the ground that meets the prescribed criteria, conditions, restrictions or requirements with respect to the final depth of the hole, its purpose and its location in Ontario; “work” means a well or any pipeline or other structure or equipment that is used in association with a well. (“ouvrage”)  R.S.O. 1990, c. P.12, s. 1; 1994, c. 27, s. 131 (1); 1996, c. 30, s. 57 (1-5); 1999, c. 12, Sched. N, s. 5 (1, 2); 2001, c. 9, Sched. K, s. 4 (1); 2006, c. 19, Sched. P, s. 4 (1-4); 2017, c. 8, Sched. 17, s. 9 (1, 2); 2017, c. 8, Sched. 23, s. 1; 2019, c. 14, Sched. 15, s. 46 (1); 2021, c. 4, Sched. 6, s. 72; 2023, c. 2, Sched. 5, s. 1. Oil or gas, determination by Minister (2) In cases where doubt exists, the Minister may, in his or her absolute discretion, determine whether a substance is oil or gas.  1996, c. 30, s. 57 (6). Powers and duties of Tribunal (3) The Tribunal shall do the following: 1. In reviewing and adjudicating applications for pooling and unitization orders, have regard to, i. the conservation of Ontario’s oil and gas resources, ii. the orderly, efficient and economic development of those resources, and iii. the protection of correlative rights. 2. Provide access, in accordance with section 175 of the Mining Act, to subsurface oil, gas and salt resources.  2006, c. 19, Sched. P, s. 4 (5); 2017, c. 8, Sched. 17, s. 9 (3). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 131 (1) - 09/12/1994; 1996, c. 30, s. 57 (1-6) - 27/06/1997; 1999, c. 12, Sched. N, s. 5 (1, 2) - 22/12/1999 2001, c. 9, Sched. K, s. 4 (1) - 29/06/2001 2006, c. 19, Sched. P, s. 4 (1-5) - 22/06/2006 2017, c. 8, Sched. 17, s. 9 (1-3) - 01/04/2018; 2017, c. 8, Sched. 23, s. 1 - 17/05/2017 2019, c. 14, Sched. 15, s. 46 (1) - 10/12/2019; 2019, c. 14, Sched. 15, s. 46 (2) - not in force 2021, c. 4, Sched. 6, s. 72 - 01/06/2021 2023, c. 2, Sched. 5, s. 1 (1, 2) - 22/03/2023; 2023, c. 9, Sched. 23, s. 1 - not in force