Marginal note:Definitions of "oil" and "gas"

28.1 For the purposes of this Part, “oil” and “gas” have the same meaning as in the Canada Oil and Gas Operations Act.

Marginal note:Application

• 28.2 (1) This section applies to any decision of the Board to make, amend or revoke a declaration of significant discovery under section 28 of the Canada Petroleum Resources Act or a declaration of commercial discovery under section 35 of that Act.

• Marginal note:Notice

  (2) At least thirty days before making a decision to which this section applies, the Board shall give written notice of its intention to make the decision to any person the Board considers to be directly affected by the decision.

• Marginal note:Request for hearing

  (3) A person to whom notice is given may, in writing, request a hearing in respect of the decision, but the request must be received by the Board within thirty days after the notice is given.

• Marginal note:Decision if no request received

  (4) If no request is received in accordance with subsection (3), the Board may make the decision.

• Marginal note:Hearing if request received

  (5) If a request is received in accordance with subsection (3), the Board shall fix a suitable time and place for the hearing and notify each person who requested the hearing.

• Marginal note:Representations

  (6) Each person who requests a hearing may make representations and introduce witnesses and documents at the hearing.

• Marginal note:Decision

  (7) At or after the conclusion of the hearing, the Board shall make the decision, give notice of it to each person who requested the hearing and, if the person requests reasons, publish or make available the reasons for the decision.

Marginal note:Variation of licences, etc.

28.3 The Board may vary the terms of any operating licence or authorization issued under section 5 of the Canada Oil and Gas Operations Act.

Marginal note:Application to appeals

• 28.4 (1) This section applies to appeals brought under section 21 or subsection 25(8) of the Canada Oil and Gas Operations Act by a person aggrieved by an order of the Chief Conservation Officer or by any action or measure taken or authorized or directed to be taken by that Officer.

• Marginal note:Powers on appeal

  (2) After hearing an appeal to which this section applies, the Board may

  • (a) set aside, confirm or vary the order, action or measure that is the subject of the appeal;

  • (b) order any works to be undertaken that the Board considers necessary to prevent waste, the escape of oil or gas or any other contravention of the Canada Oil and Gas Operations Act or the regulations made under that Act; or

  • (c) make any other order that the Board considers appropriate.