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

Act current to 2017-10-13 and last amended on 2016-06-19. Previous Versions

Marginal note:Timing
  •  (1) If an application for an authorization under subsection 5(1) is made with respect to a work or activity proposed to be carried on in whole or in part in any area in respect of which the Minister of Indian Affairs and Northern Development has administrative responsibility for natural resources, the National Energy Board shall, within 18 months after the day on which the applicant has, in the Board’s opinion, provided a complete application, either issue the authorization to the applicant under that subsection or notify the applicant in writing of its decision not to issue the authorization.

  • Marginal note:Extensions

    (2) The Minister may, by order, extend the period referred to in subsection (1) by a maximum of three months. The Governor in Council may, on the recommendation of the Minister, by order, further extend that period by any additional period or periods of time.

  • Marginal note:Environmental assessment

    (3) If the application for an authorization is in respect of a designated project, as defined in subsection 2(1) of the Canadian Environmental Assessment Act, 2012, for which the National Energy Board is the responsible authority, as defined in that subsection, the Board shall issue the decision statement referred to in section 54 of that Act in respect of the designated project within the period referred to in subsection (1) or, if the period is extended under subsection (2), within that extended period.

  • Marginal note:Excluded period

    (4) If the National Energy Board requires the applicant to provide information or undertake a study with respect to the work or activity, the period that is taken by the applicant, in the Board’s opinion, to comply with the requirement is not included in the calculation of the period referred to in subsection (1) or, if the period is extended under subsection (2), within that extended period.

  • Marginal note:Public notice of excluded period

    (5) The National Energy Board shall, without delay, make public the dates on which the period referred to in subsection (4) begins and ends.

  • 2015, c. 4, s. 7.
Marginal note:Participant funding program

 The National Energy Board may establish a participant funding program to facilitate the participation of the public in the environmental assessment, as defined in subsection 2(1) of the Canadian Environmental Assessment Act, 2012, of any designated project, as defined in that subsection, for which the Board is the responsible authority, as defined in that subsection, that meets the condition set out in paragraph 58(1)(a) of that Act and that is the subject of an application for an authorization under subsection 5(1).

  • 2015, c. 4, s. 7.
Marginal note:Right of entry
  •  (1) Any person may, for the purpose of exploring for or exploiting oil or gas, maintaining safety or protecting the environment, enter on and use the surface of the land in any area in which this Act applies in order to carry on a work or activity authorized under paragraph 5(1)(b).

  • Marginal note:Right of entry — abandoned pipeline

    (1.1) Any person or their successor or assign may, for the purpose of maintaining safety or protecting the environment, enter on and use the surface of the land in any area in which this Act applies in order to carry on a work or activity in relation to an abandoned pipeline for which the person has received the leave required by paragraph 4.01(1)(d).

  • Marginal note:Restriction

    (2) Despite subsections (1) and (1.1), if a person occupies land in an area to which this Act applies and that person owns or has title to the land — or has lawful possession of it, other than by virtue of an authorization under paragraph 5(1)(b) or an interest as defined in section 2 of the Canada Petroleum Resources Act — it is prohibited for anyone to enter on or use the surface of that land without the consent of the occupier or, if consent has been refused, except in accordance with the terms and conditions of

    • (a) in the case of land within Nunavut, a decision of the Nunavut Surface Rights Tribunal made in accordance with the Nunavut Waters and Nunavut Surface Rights Tribunal Act;

    • (a.1) in the case of land in the Northwest Territories, an order made by a territorial tribunal that is competent to resolve matters in dispute relating to access to the surface of lands; and

    • (b) in any other case, a decision of an arbitrator made in accordance with the regulations.

  • Marginal note:Exception

    (3) Subsections (1) to (2) do not apply in respect of Inuit-owned land as defined in subsection 2(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act.

  • (4) [Repealed, 1998, c. 5, s. 12]

  • 1992, c. 35, s. 8;
  • 1994, c. 43, s. 90;
  • 1998, c. 5, s. 12;
  • 2002, c. 10, s. 190;
  • 2014, c. 2, s. 22;
  • 2015, c. 21, s. 41.

Navigable Waters

Marginal note:Construction or operation

 No person shall construct or operate a pipeline that passes in, on, over, under, through or across a navigable water unless an authorization to construct or operate, as the case may be, the pipeline has been issued under paragraph 5(1)(b).

  • 2012, c. 19, s. 119.
Marginal note:Effects on navigation

 In addition to any other factor that it considers appropriate, the National Energy Board shall take into account the effects that its decision might have on navigation, including safety of navigation, when deciding whether to issue an authorization under paragraph 5(1)(b) in respect of a pipeline that passes in, on, over, under, through or across a navigable water.

  • 2012, c. 19, s. 119.
Marginal note:Pipeline not work

 Despite the definition work in section 2 of the Navigation Protection Act, a pipeline in respect of which an authorization has been or may be issued under paragraph 5(1)(b) is not a work to which that Act applies.

  • 2012, c. 19, s. 119, c. 31, s. 349.
Marginal note:Regulations
  •  (1) The Governor in Council may, for purposes related to navigation, on the joint recommendation of the Minister of Indian Affairs and Northern Development and the Minister of Transport, make regulations respecting sections or parts of pipelines that pass in, on, over, under, through or across any navigable water in any area in respect of which the Minister of Indian Affairs and Northern Development has administrative responsibility for natural resources, including regulations respecting the design, construction, operation and abandonment of those pipelines and the issuance of authorizations under paragraph 5(1)(b) in respect of their construction or operation.

  • Marginal note:Regulations

    (2) The Governor in Council may, for purposes related to navigation, on the joint recommendation of the Minister of Natural Resources and the Minister of Transport, make regulations respecting sections or parts of pipelines that pass in, on, over, under, through or across any navigable waters in any area in respect of which the Minister of Natural Resources has administrative responsibility for natural resources, including regulations respecting the design, construction, operation and abandonment of those pipelines and the issuance of authorizations under paragraph 5(1)(b) in respect of their construction or operation.

  • 2012, c. 19, s. 119.
Marginal note:Existing terms and conditions

 Terms and conditions imposed at any time before the coming into force of this section in relation to an approval given under the Navigation Protection Act in respect of a pipeline, in respect of which an authorization has been issued under paragraph 5(1)(b), apply as if they were requirements determined by the National Energy Board to be requirements to which the authorization is subject.

  • 2012, c. 19, s. 119, c. 31, s. 349.

Safety of Works and Activities

Marginal note:Safety

 The National Energy Board shall, before issuing an authorization for a work or activity referred to in paragraph 5(1)(b), consider the safety of the work or activity by reviewing, in consultation with the Chief Safety Officer, the system as a whole and its components, including its installations, equipment, operating procedures and personnel.

  • 1992, c. 35, s. 8;
  • 1994, c. 10, s. 15.

Spill-treating Agent

Marginal note:Net environmental benefit

 The National Energy Board shall not permit the use of a spill-treating agent in an authorization issued under paragraph 5(1)(b) unless the Board determines that the use of the spill-treating agent is likely to achieve a net environmental benefit.

  • 2015, c. 4, s. 8.

Financial Requirements

Marginal note:Compliance with certain provisions

 The National Energy Board shall, before issuing an authorization for a work or activity referred to in paragraph 5(1)(b), ensure that the applicant has complied with the requirements of subsections 26.1(1) or (2) and 27(1) or (1.01) in respect of that work or activity.

  • 1992, c. 35, s. 8;
  • 1994, c. 10, s. 15;
  • 2015, c. 4, s. 9.

Development Plan Approval

Marginal note:Approval of general approach of development
  •  (1) No approval that is

    • (a) applicable to an authorization under paragraph 5(1)(b) to carry on work or activity in relation to developing a pool or field, and

    • (b) prescribed for the purposes of this subsection

     shall be granted unless the National Energy Board, on application submitted in accordance with subsection (2), has approved a development plan relating to the pool or field pursuant to subsection (4).

  • Marginal note:Application and submission of development plan

    (2) For the purposes of subsection (1), an application for the approval of a development plan shall be submitted to the National Energy Board in the form and containing the information fixed by the National Energy Board, at such time and in such manner as may be prescribed, together with the proposed development plan in the form and containing the information described in subsection (3).

  • Marginal note:Development plan in two parts

    (3) A development plan relating to the proposed development of a pool or field submitted pursuant to this section shall be set out in two parts, containing

    • (a) in Part I, a description of the general approach of developing the pool or field, and in particular, information, in such detail as may be prescribed, with respect to

      • (i) the scope, purpose, location, timing and nature of the proposed development,

      • (ii) the production rate, evaluations of the pool or field, estimated amounts of oil or gas proposed to be recovered, reserves, recovery methods, production monitoring procedures, costs and environmental factors in connection with the proposed development, and

      • (iii) the production system and any alternative production systems that could be used for the development of the pool or field; and

    • (b)  in Part II, all technical or other information and proposals, as may be prescribed, necessary for a comprehensive review and evaluation of the proposed development.

  • Marginal note:Approval of development plan

    (4) After reviewing an application and development plan submitted pursuant to this section, the National Energy Board may approve the development plan, subject to the consent of the Governor in Council in relation to Part I of the development plan and any requirements that the Board considers appropriate or that may be prescribed.

  • Marginal note:Approval of amendment to plan

    (5) Where a development plan has been approved pursuant to subsection (4),

    • (a) no amendment of the development plan shall be made unless it is approved by the National Energy Board and, in the case of an amendment to Part I of the development plan, the Governor in Council consents to the approval; and

    • (b) any requirement that the approval is subject to may be amended by the National Energy Board but, if the requirement relates to Part I of the development plan, it may only be amended with the consent of the Governor in Council.

  • Marginal note:Application of certain provisions

    (6) Subsections (1) to (5) apply, with such modifications as the circumstances require, with respect to a proposed amendment to a development plan or to any requirement that the approval of the plan is subject to.

  • Marginal note:Straddling resources — approval

    (6.1) Despite subsection (4), the National Energy Board may approve a development plan in relation to developing a straddling resource, subject to

    • (a) the consent of the Governor in Council and the Executive Council of the Northwest Territories in relation to Part I of the plan; and

    • (b) any requirements that the Board considers appropriate or that may be prescribed.

  • Marginal note:No consent

    (6.2) If the Governor in Council and the Executive Council of the Northwest Territories do not consent in relation to Part I of the plan, the Minister or the Government of the Northwest Territories may notify the other of their intention to refer the matter to an independent expert for a decision in accordance with section 48.095.

  • Marginal note:Expert’s decision

    (6.3) The expert’s decision in relation to the development plan is deemed to be a development plan that is approved by the National Energy Board and in relation to Part I of the plan is deemed to be one that is consented to by the Governor in Council and the Executive Council of the Northwest Territories.

  • Marginal note:Amendment

    (6.4) If a development plan is approved under subsection (6.1) or deemed to be approved under subsection (6.3), no amendment is to be made to the plan unless it is approved by the National Energy Board and, in the case of an amendment to Part I of the plan, consented to by the Governor in Council and the Executive Council of the Northwest Territories.

  • Marginal note:Amendment — application of subsections (6.1) to (6.4)

    (6.5) Subsections (6.1) to (6.4) apply, with any modifications that the circumstances require, in respect of a proposed amendment to a development plan.

  • Marginal note:Transboundary pool or field

    (7) The definitions in sections 29 and 48.15 apply in subsections (8) to (12).

  • Marginal note:Approval subject to agreement and consent

    (8) Despite subsection (4), a development plan submitted for approval in respect of a work or activity in a transboundary pool or field that is the subject of a joint exploitation agreement is not to be approved by the National Energy Board unless the appropriate regulator has agreed to its content. That approval is subject to the consent of the Governor in Council in relation to Part I of the development plan and any requirements that the Board and regulator have agreed are appropriate or that may be prescribed.

  • Marginal note:Disagreement

    (9) In the case of a disagreement about the content of the plan submitted for approval, or any of the requirements for approval referred to in subsection (8), the Minister, on the National Energy Board’s behalf, or the regulator may refer the matter to an expert in accordance with section 48.27.

  • Marginal note:Submissions in relation to Part I

    (10) Any submissions to the expert by the Minister on the National Energy Board’s behalf regarding Part I of the development plan are subject to the prior consent of the Governor in Council.

  • Marginal note:Expert’s decision

    (11) The expert’s decision is deemed to be approval by the National Energy Board of the plan, and Part I of that plan is deemed to have been consented to by the Governor in Council under subsection (8).

  • Marginal note:Application of certain provisions

    (12) Subsections (7) to (11) apply, with any necessary modifications, with respect to a proposed amendment to a development plan to which a work or activity in a transboundary pool or field or to any requirement that the approval of the plan is subject.

  • R.S., 1985, c. 36 (2nd Supp.), s. 121;
  • 1992, c. 35, s. 9;
  • 1994, c. 10, ss. 4, 15;
  • 2014, c. 2, s. 23;
  • 2015, c. 4, s. 10.
 
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