First Nations Oil and Gas and Moneys Management Act (S.C. 2005, c. 48)

Marginal note:Projects to be subject to environmental assessment

• 37. (1) A first nation’s oil and gas laws must provide that no project, unless exempted by regulations made under subsection 63(2), may be undertaken until an environmental assessment of it has been conducted under those laws and every decision-making authority for the project has taken the results of the assessment into account in making any decision that would enable the project to be undertaken.

• Marginal note:Laws in conformity with regulations

  (2) The content of laws respecting environmental assessments of projects must conform with regulations made under subsection 63(1).

• Marginal note:Joint assessments and delegation

  (3) A decision-making authority for a project may, in respect of an environmental assessment of the project,

  • (a) enter into an agreement for the joint assessment of the project with any other person or body responsible for environmental assessments of that project under this Act or any other federal law; and

  • (b) delegate to another person or body any power, except the power to determine whether a project is to be carried out.

Marginal note:Environmental protection

38. Subject to the regulations, oil and gas laws must provide protection for the environment that is at least equal to that provided by the laws of the province applicable to oil and gas exploration and exploitation.

Marginal note:Oil and gas conservation

39. Subject to the regulations, oil and gas laws with respect to the conservation of oil and gas must not conflict with or be inconsistent with the laws of the province applicable to oil and gas exploration and exploitation.

Marginal note:Limitation on penalties

40. The punishment that may be imposed by an oil and gas law for an offence is

• (a) if the act or omission constituting the offence results in damage to lands in the managed area,

  • (i) in the case of a first offence, a fine not exceeding $300,000 or imprisonment for a term not exceeding six months, or both, and

  • (ii) in the case of a second or subsequent offence, a fine not exceeding $600,000 or imprisonment for a term not exceeding one year, or both; and

• (b) in any other case, a fine not exceeding $100,000 or a term of imprisonment not exceeding three months, or both.

Marginal note:Powers re inspections, searches, etc.

41. Oil and gas laws made under paragraph 35(1)(f) may not establish procedures inconsistent with those provided by the laws of the province in which the managed area is situated, nor may they confer powers greater than those of a public officer within the meaning of the Criminal Code.