Marginal note:Appeal to Committee
Marginal note:Powers on appeal
(2) After hearing the appeal, the Committee may
(a) set aside, confirm or vary the order made by the Chief Conservation Officer;
(b) order such works to be undertaken as may be considered necessary to prevent waste, the escape of petroleum or any other contravention of this Division or the regulations; or
(c) make such other or further order as the Committee considers appropriate.
- 1988, c. 28, s. 162;
- 1992, c. 35, s. 107(F).
Marginal note:Waste by failure to utilize gas or to use appropriate recovery methods
163 (1) When the Chief Conservation Officer on reasonable grounds is of the opinion that waste as defined in paragraph 159(2)(f) or (g) is occurring in the recovery of petroleum from a pool, the Chief Conservation Officer may apply to the Committee for an order requiring the operators within the pool to show cause at a hearing to be held on a day specified in the order why the Committee should not make a direction in respect thereof.
(2) On the day specified in the order under subsection (1), the Committee shall hold a hearing at which the Chief Conservation Officer, the operators and other interested persons shall be given an opportunity to be heard.
- 1988, c. 28, s. 163;
- 1992, c. 35, s. 108(F).
164 (1) If, after the hearing referred to in section 163, the Committee is of the opinion that waste as defined in paragraph 159(2)(f) or (g) is occurring in the recovery of petroleum from a pool, the Committee may, by order,
(a) direct the introduction of a scheme for the collection, processing, disposition or reinjection of any gas produced from such pool, or
(b) direct repressurizing, recycling or pressure maintenance for the pool or any part of the pool and for, or incidental to such purpose, direct the introduction or injection into that pool, or part thereof, of gas, water or other substance,
and the order may further direct that the pool or part thereof specified in the order be shut in if the requirements of the order are not met or unless a scheme is approved by the Committee and in operation by a date fixed by the order.
Marginal note:Continuation pending approval of scheme
(2) Notwithstanding subsection (1), the Committee may permit the continued operation of a pool or any part of a pool after the date fixed by an order under subsection (1) if in the opinion of the Committee a scheme for the repressurizing, recycling or pressure maintenance or the processing, storage or disposal of gas is in course of preparation, but any such continuation of operations is subject to any conditions imposed by the Committee.
Spills and Debris
Definition of spill
165 (1) In sections 166 to 170, spill means a discharge, emission or escape of petroleum, other than one that is authorized under subsection 166.5(1), the regulations or any other federal law. It does not include a discharge from a vessel to which Part 8 or 9 of the Canada Shipping Act, 2001 applies or from a ship to which Part 6 of the Marine Liability Act applies.
Definition of actual loss or damage
(2) In section 167, actual loss or damage includes loss of income, including future income, and, with respect to any Aboriginal peoples of Canada, loss of hunting, fishing and gathering opportunities. It does not include loss of income recoverable under subsection 42(3) of the Fisheries Act.
Definition of debris
(3) In sections 167 to 168 and 170, debris means any installation or structure that was put in place in the course of any work or activity required to be authorized under paragraph 142(1)(b) and that has been abandoned without an authorization that may be required by or under this Part, or any material that has broken away or been jettisoned or displaced in the course of any of that work or activity.
(4) Her Majesty in right of Canada incurs no liability whatever to any person arising out of the authorization by regulations made by the Governor in Council of any discharge, emission or escape of petroleum.
- 1988, c. 28, s. 165;
- 1992, c. 35, s. 110;
- 2001, c. 6, s. 111, c. 26, ss. 281, 324;
- 2015, c. 4, s. 93.
Marginal note:Spills prohibited
Marginal note:Duty to report spills
(2) Where a spill occurs in any portion of the offshore area, any person who at the time of the spill is carrying on any work or activity related to the exploration for or development or production of petroleum in the area of the spill shall, in the manner prescribed by the regulations, report the spill to the Chief Conservation Officer.
Marginal note:Duty to take reasonable measures
(3) Every person required to report a spill under subsection (2) shall, as soon as possible, take all reasonable measures consistent with safety and the protection of health and the environment to prevent any further spill, to repair or remedy any condition resulting from the spill and to reduce or mitigate any damage or danger that results or may reasonably be expected to result from the spill.
Marginal note:Taking emergency action
(4) Where the Chief Conservation Officer is satisfied on reasonable grounds that
(a) a spill has occurred in any portion of the offshore area and immediate action is necessary in order to effect any reasonable measures referred to in subsection (3), and
(b) such action is not being taken or will not be taken under subsection (3),
the Chief Conservation Officer may take such action or direct that it be taken by such persons as may be necessary.
Marginal note:Taking over management
(5) For the purposes of subsection (4), the Chief Conservation Officer may authorize and direct such persons as may be necessary to enter the place where the spill has occurred and take over the management and control of any work or activity being carried on in the area of the spill.
Marginal note:Managing work or activity
(6) A person authorized and directed to take over the management and control of any work or activity under subsection (5) shall manage and control that work or activity and take all reasonable measures in relation to the spill that are referred to in subsection (3).
(7) Any costs incurred under subsection (6) shall be borne by the person who obtained an authorization under paragraph 142(1)(b) in respect of the work or activity from which the spill emanated and, until paid, constitute a debt recoverable by action in any court of competent jurisdiction as a debt due to the Board.
Marginal note:Recovery of costs
(7.1) Where a person, other than a person referred to in subsection (7), takes action pursuant to subsection (3) or (4), the person may recover from Her Majesty in right of Canada the costs and expenses reasonably incurred by that person in taking the action.
(8) Section 162 applies, with such modifications as the circumstances require, to any action or measure taken or authorized or directed to be taken under subsections (4) to (6) as if it were taken or authorized or directed to be taken by order under subsection 160(1) and as if such order were not subject to an investigation.
Marginal note:Personal liability
(9) No person required, directed or authorized to act under this section is personally liable either civilly or criminally in respect of any act or omission in the course of complying with this section unless it is shown that that person did not act reasonably in the circumstances.
- 1988, c. 28, s. 166;
- 1992, c. 35, s. 111;
- 2014, c. 13, s. 70.
Marginal note:Spill-treating agents
166.1 (1) The provisions referred to in Schedule V do not apply to the deposit of a spill-treating agent and those referred to in Schedule VI do not apply in respect of any harm that is caused by the spill-treating agent or by the interaction between the spill-treating agent and the spilled oil, if
(a) the authorization issued under paragraph 142(1)(b) permits the use of the spill-treating agent;
(b) the Chief Conservation Officer approves the use of the agent in response to the spill and it is used in accordance with any requirements set out in the approval; and
(c) the agent is used for the purposes of subsection 166(3) or (4).
(2) The provisions referred to in Schedule VI continue to apply to the holder of an authorization referred to in paragraph (1)(a) in respect of any harm that is caused by the spill or, despite subsection (1), by the interaction between the spill-treating agent and the spilled oil.
Marginal note:Net environmental benefit
(3) Other than in the case of a small-scale test, the approval required under paragraph (1)(b) shall be in writing and shall not be granted unless
(a) the Chief Conservation Officer has consulted with the Federal Minister and the Provincial Minister with respect to the approval;
(b) the Federal Minister has consulted with the Minister of the Environment with respect to the approval; and
(c) the Chief Conservation Officer determines that the use of the agent is likely to achieve a net environmental benefit.
- 2015, c. 4, s. 94.
- Date modified: