Canada Oil and Gas Operations Act (R.S.C., 1985, c. O-7)

Act current to 2018-07-05 and last amended on 2016-06-19. Previous Versions

PART IIIAppeals and Enforcement

Appeals

Marginal note:Orders and decisions final
  •  (1) Except as provided in this Act, every decision or order of the Committee is final and conclusive.

  • Marginal note:Decision or order defined

    (2) Any minute or other record of the Committee or any document issued by the Committee, in the form of a decision or order, shall for the purposes of this section be deemed to be a decision or order of the Committee.

  • R.S., c. O-4, s. 38;
  • R.S., c. 10(2nd Supp.), s. 65.
Marginal note:Stated case for Federal Court
  •  (1) The Committee may of its own motion, or at the request of the Minister, state a case, in writing, for the opinion of the Federal Court on any question that in the opinion of the Committee is a question of law or of the jurisdiction of the Committee.

  • Marginal note:Proceedings thereon

    (2) The Federal Court shall hear and determine the case stated and remit the matter to the Committee with the opinion of the Court thereon.

  • R.S., c. O-4, s. 39;
  • R.S., c. 10(2nd Supp.), s. 64.
Marginal note:Governor in Council may review orders of Committee

 The Governor in Council may at any time, in his discretion, either on petition of any interested person or of his own motion, vary or rescind any decision or order of the Committee made under this Act, whether the order is made between parties or otherwise and any order that the Governor in Council makes with respect thereto becomes a decision or order of the Committee and, subject to section 52, is binding on the Committee and on all parties.

  • R.S., c. O-4, s. 40.
Marginal note:Appeal to Federal Court
  •  (1) An appeal lies from a decision or order of the Committee to the Federal Court on a question of law, on leave therefor being obtained from the Federal Court, in accordance with the practice of that Court, on application made within one month after the making of the decision or order sought to be appealed from or within such further time as that Court may allow.

  • (2) [Repealed, R.S., 1985, c. 36 (2nd Supp.), s. 1]

  • Marginal note:Staying order

    (3) Where leave to appeal is granted pursuant to subsection (1), any order of the Committee in respect of which the appeal is made shall be stayed until the matter of the appeal is determined.

  • Marginal note:Powers of the Court

    (4) After the hearing of the appeal pursuant to this section, the Supreme Court of Canada shall certify its opinion to the Committee and the Committee shall make any order necessary to comply with the opinion.

  • Marginal note:Order subject to section 51

    (5) Any order made by the Committee pursuant to subsection (4), unless the order has already been dealt with by the Governor in Council pursuant to section 51, shall be subject to that section.

  • R.S., 1985, c. O-7, s. 52;
  • R.S., 1985, c. 36 (2nd Supp.), s. 126.

Safety and Conservation Officers

Marginal note:Officers

 The safety officers and conservation officers necessary for the administration and enforcement of this Act and the regulations shall be designated by the National Energy Board from among its officers and employees.

  • R.S., 1985, c. O-7, s. 53;
  • 1992, c. 35, s. 29;
  • 1994, c. 10, s. 11.
Marginal note:Powers of officers
  •  (1) For the purpose of ensuring compliance with this Act and the regulations, a safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may at any reasonable time

    • (a) enter any place, including lands, buildings, installations, vessels, vehicles and aircraft, used for any work or activity in respect of which this Act applies, for the purpose of carrying out inspections, examinations, tests or inquiries or of directing that the person in charge of the place carry them out, and the officer may be accompanied by any other person that the officer believes is necessary to help carry out the inspection, examination, test or inquiry;

    • (b) take photographs or make drawings of any place or thing referred to in this section;

    • (c) order that any place or thing referred to in this section not be interfered with for a specified period;

    • (d) require the production, for inspection or copying, of any books, records, documents, licences or permits required by this Act or the regulations;

    • (e) take samples or particulars and carry out, or have carried out, any reasonable tests or examinations; and

    • (f) require the person in charge of the place, or any other person in the place who has knowledge relevant to an inspection, examination, test or inquiry, to furnish information, either orally or in writing, in the form requested.

  • Marginal note:Compliance audit

    (2) For greater certainty, the powers set out in subsection (1) include the power to conduct a compliance audit.

  • R.S., 1985, c. O-7, s. 54;
  • 1992, c. 35, s. 29;
  • 2015, c. 21, s. 44.
Marginal note:Certificate to be produced

 The National Energy Board shall provide every safety officer and conservation officer and the Chief Safety Officer and the Chief Conservation Officer with a certificate of appointment or designation and, on entering any place pursuant to this Act, the officer shall, if so required, produce the certificate to the person in charge of the place.

  • R.S., 1985, c. O-7, s. 55;
  • 1992, c. 35, s. 29;
  • 1994, c. 10, s. 15.
Marginal note:Assistance to officers

 The owner, the person in charge of any place referred to in subsection 54(1) and every person found in the place shall give a safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, as the case may be, all reasonable assistance to enable the officer to carry out duties and functions under this Act or the regulations.

  • R.S., 1985, c. O-7, s. 56;
  • 1992, c. 35, s. 29;
  • 2015, c. 21, s. 45(E).
Marginal note:Obstruction of officers and making of false statements

 No person shall obstruct or hinder or make a false or misleading statement, either orally or in writing, to a safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer who is engaged in carrying out duties and functions under this Act or the regulations.

  • R.S., 1985, c. O-7, s. 57;
  • 1992, c. 35, s. 29.
Marginal note:Power of officers
  •  (1) A safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may order that an operation or activity in any area to which this Act applies cease or be continued only in accordance with the terms of the order if the officer, on reasonable grounds, is of the opinion that its continuation could result in harm to a person, damage to the environment or property or a breach of security, or is not in compliance with this Act or the regulations, and

    • (a) the operation is in relation to the exploration or drilling for or the production, conservation, processing or transportation of oil or gas; or

    • (b) the activity is prohibited by an order or regulation made under section 15.1.

  • Marginal note:Notice

    (2) The officer who makes an order under subsection (1) shall affix at or near the scene of the operation a notice of the order in a form approved by the National Energy Board.

  • Marginal note:Expiry of order

    (3) An order made by a safety officer or a conservation officer under subsection (1) expires 72 hours after it is made unless it is confirmed before that time by order of the Chief Safety Officer or the Chief Conservation Officer, as the case may be.

  • Marginal note:Modification or revocation

    (4) A safety officer or a conservation officer who makes an order under subsection (1) shall immediately so advise the Chief Safety Officer or the Chief Conservation Officer, as the case may be, and that Chief Officer may modify or revoke the order.

  • Marginal note:Referral for review by National Energy Board

    (5) A person carrying out an operation to which an order under subsection (1) makes reference, or any person having a pecuniary interest in that operation, may, by notice in writing, request the Chief Safety Officer or the Chief Conservation Officer, as the case may be, to refer the order to the National Energy Board to review the need for the order under section 28.6 of the National Energy Board Act and, on receiving the notice, that Chief Officer shall refer the order accordingly.

  • Marginal note:Operations in respect of which order made

    (6) No person shall continue an operation in respect of which an order has been made pursuant to this section, except in accordance with the terms of the order or until the order has been set aside by the National Energy Board pursuant to section 28.6 of the National Energy Board Act.

  • (7) to (9) [Repealed, 1994, c. 10, s. 12]

  • R.S., 1985, c. O-7, s. 58;
  • R.S., 1985, c. 36 (2nd Supp.), s. 127;
  • 1992, c. 35, s. 29;
  • 1994, c. 10, s. 12;
  • 2015, c. 21, s. 46.
 
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