Canada Petroleum Resources Act (R.S.C., 1985, c. 36 (2nd Supp.))

Act current to 2017-07-03 and last amended on 2016-02-27. Previous Versions

Canada Petroleum Resources Act

R.S.C., 1985, c. 36 (2nd Supp.)

An Act to regulate interests in petroleum in relation to frontier lands, to amend the Oil and Gas Production and Conservation Act and to repeal the Canada Oil and Gas Act

[1986, c. 45, assented to 18th November, 1986]

Short Title

Marginal note:Short title

 This Act may be cited as the Canada Petroleum Resources Act.

Interpretation

Marginal note:Definitions

 In this Act,

call for bids

call for bids means a call for bids made in accordance with section 14; (appel d’offres)

commercial discovery

commercial discovery means a discovery of petroleum that has been demonstrated to contain petroleum reserves that justify the investment of capital and effort to bring the discovery to production; (découverte exploitable)

commercial discovery area

commercial discovery area means, in relation to a declaration of commercial discovery made pursuant to subsection 35(1) or (2), those frontier lands described in the declaration; (périmètre de découverte exploitable)

Crown reserve lands

Crown reserve lands means frontier lands in respect of which no interest is in force; (réserves de l’État)

former exploration agreement

former exploration agreement means an exploration agreement under the Canada Oil and Gas Land Regulations; (ancien accord d’exploration)

former lease

former lease means an oil and gas lease under the Canada Oil and Gas Land Regulations; (ancienne concession)

former permit

former permit means an exploratory permit under the Canada Oil and Gas Land Regulations; (ancien permis)

former special renewal permit

former special renewal permit means a special renewal permit under the Canada Oil and Gas Land Regulations; (ancien permis spécial de renouvellement)

frontier lands

frontier lands means lands that belong to Her Majesty in right of Canada, or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources, and that are situated in

  • (a) that part of the onshore that is under the administration of a federal minister,

  • (b) Nunavut,

  • (c) Sable Island,

  • (d) the submarine areas in that part — of the internal waters of Canada or the territorial sea of Canada — that is not situated

    • (i) in a province other than the Northwest Territories, or

    • (ii) in that part of the onshore that is not under the administration of a federal minister, or

  • (e) the continental shelf of Canada,

but does not include the adjoining area, as defined in section 2 of the Yukon Act; (terres domaniales)

gas

gas means natural gas and includes all substances, other than oil, that are produced in association with natural gas; (gaz)

holder

holder or interest holder means, in respect of an interest or a share therein, the person indicated, in the register maintained pursuant to Part VIII, as the holder of the interest or the share;

interest

interest means any former exploration agreement, former lease, former permit, former special renewal permit, exploration licence, production licence or significant discovery licence; (titre)

interest owner

interest owner means the interest holder who holds an interest or the group of interest holders who hold all of the shares in an interest;

Minister

Minister means

  • (a) in relation to any lands in respect of which the Minister of Natural Resources has administrative responsibility for the natural resources therein, the Minister of Natural Resources, and

  • (b) in relation to any lands in respect of which the Minister of Indian Affairs and Northern Development has administrative responsibility for the natural resources therein, the Minister of Indian Affairs and Northern Development; (ministre)

oil

oil means

  • (a) crude oil, regardless of gravity, produced at a well head in liquid form, and

  • (b) any other hydrocarbons, except coal and gas, and, without limiting the generality of the foregoing, hydrocarbons that may be extracted or recovered from deposits of oil sand, bitumen, bituminous sand, oil shale or from any other types of deposits on the surface or subsurface or the seabed or its subsoil of any frontier lands; (pétrole)

onshore

onshore has the same meaning as in section 2 of the Northwest Territories Act; (région intracôtière)

petroleum

petroleum means oil or gas; (hydrocarbures)

prescribed

prescribed means

  • (a) in the case of a form or the information to be given on a form, prescribed by the Minister, and

  • (b) in any other case, prescribed by regulations made by the Governor in Council;

share

share means, with respect to an interest, an undivided share in the interest or a share in the interest held in accordance with section 23; (fraction)

significant discovery

significant discovery means a discovery indicated by the first well on a geological feature that demonstrates by flow testing the existence of hydrocarbons in that feature and, having regard to geological and engineering factors, suggests the existence of an accumulation of hydrocarbons that has potential for sustained production; (découverte importante)

significant discovery area

significant discovery area means, in relation to a declaration of significant discovery made pursuant to subsection 28(1) or (2), those frontier lands described in the declaration. (périmètre de découverte importante)

  • R.S., 1985, c. 36 (2nd Supp.), s. 2;
  • 1993, c. 28, s. 78;
  • 1994, c. 41, s. 13;
  • 1996, c. 31, s. 58;
  • 1998, c. 5, s. 13, c. 15, s. 49;
  • 2014, c. 2, s. 35.
Marginal note:Aboriginal rights

 Nothing in this Act shall be construed so as to abrogate or derogate from any existing aboriginal or treaty rights of the aboriginal peoples of Canada under section 35 of the Constitution Act, 1982.

PART IGeneral

Manner of Giving Notices

Marginal note:Giving notice

 Where a notice is required to be given under this Act or the regulations, it shall be given in such form and manner as may be prescribed and shall contain such information as may be prescribed.

  • R.S., 1985, c. 36 (2nd Supp.), s. 4;
  • 1992, c. 1, s. 144(F).

Application of Act

Marginal note:Application

 This Act applies to all frontier lands.

Her Majesty

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province.

Designations and Appointments

Marginal note:Delegation

 The Minister may designate any person to exercise the powers and perform the duties and functions under this Act that are specified in the designation and on that designation that person may exercise those powers and shall perform those duties and functions subject to such terms and conditions, if any, as are specified in the designation.

Marginal note:Advisory bodies
  •  (1) The Minister may from time to time appoint and fix the terms of reference of such advisory bodies as the Minister considers appropriate to advise the Minister with respect to such matters relating to the administration or operation of this Act or the Canada Oil and Gas Operations Act as are referred to them by the Minister.

  • Marginal note:Remuneration

    (2) The members of any advisory body appointed under subsection (1) may be paid for their services such remuneration and expenses as are fixed by the Governor in Council.

  • R.S., 1985, c. 36 (2nd Supp.), s. 8;
  • 1992, c. 35, s. 34.
Marginal note:Appointment of representative
  •  (1) Where an interest owner consists of two or more holders, those holders shall, in the manner prescribed, appoint one of their number to act as representative of the interest owner for the purposes of this Act, but the holders may, with the consent of the Minister, appoint different representatives for different purposes.

  • Marginal note:Designation of representative

    (2) In the event that an interest owner consisting of two or more holders fails to appoint a representative for any of the purposes of this Act, the Minister may designate one of those holders as the representative of the interest owner for those purposes.

  • Marginal note:Acts or omissions of representative binding

    (3) An interest owner is bound by the acts or omissions of the appointed or designated representative of that interest owner with respect to any matter to which the authority of the representative extends.

  • Marginal note:Duties of representative

    (4) A representative of an interest owner appointed or designated under this section shall perform the duties in respect of the purposes for which he has been appointed or designated, and any operating agreement or other similar arrangement in force in respect of the relevant interest of that interest owner stands varied or amended to the extent necessary to give effect to this subsection.

 
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