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

Declarations

Marginal note:Declaration by applicant
  •  (1) Subject to subsection (2), no authorization under paragraph 5(1)(b) shall be issued unless the National Energy Board has received, from the applicant for the authorization, a declaration in the form fixed by the National Energy Board that states that

    • (a) the equipment and installations that are to be used in the work or activity to be authorized are fit for the purposes for which they are to be used, the operating procedures relating to them are appropriate for those uses, and the personnel who are to be employed in connection with them are qualified and competent for their employment; and

    • (b) the applicant shall ensure, so long as the work or activity that is authorized continues, that the equipment and installations continue to be fit for the purposes for which they are used, the operating procedures continue to be appropriate for those uses, and the personnel continue to be so qualified and competent.

  • Marginal note:Declaration by owner

    (2) The National Energy Board may accept, in respect of equipment that is to be used in the work or activity to be authorized, a declaration from the owner of the equipment in lieu of a declaration from the applicant for the authorization, and such a declaration shall be in a form fixed by the National Energy Board and shall state that

    • (a) the equipment is fit for the purpose for which it is to be used, the operating procedures relating to it are appropriate for that use, and the personnel who are to be employed by the owner in connection with it are qualified and competent for their employment; and

    • (b) the owner shall ensure that, so long as the equipment is used in the work or activity that is authorized, that the equipment continues to be fit for the purpose for which it is used, the operating procedures continue to be appropriate for that use, and the personnel continue to be so qualified and competent.

  • Marginal note:Changes

    (3) Where the equipment, an installation, the operating procedures or any of the personnel specified in the declaration changes and no longer conforms to the declaration, the holder of the authorization shall provide the National Energy Board with a new declaration as soon as possible after the change occurs.

  • Marginal note:Immunity

    (4) The National Energy Board or any delegate of the National Energy Board is not liable to any person by reason only of having issued an authorization in reliance on a declaration made under this section.

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

Certificates

Marginal note:Certificate
  •  (1) No authorization under paragraph 5(1)(b) shall be issued with respect to any prescribed equipment or installation, or any equipment or installation of a prescribed class, unless the National Energy Board has received, from the applicant for the authorization, a certificate issued by a certifying authority in the form fixed by the National Energy Board.

  • Marginal note:Continuing obligation

    (2) The holder of an authorization shall ensure that the certificate referred to in subsection (1) remains in force for so long as the equipment or installation to which the certificate relates is used in the work or activity in respect of which the authorization is issued.

  • Marginal note:Contents of certificate

    (3) A certificate referred to in subsection (1) shall state that the equipment or installation in question

    • (a) is fit for the purposes for which it is to be used and may be operated safely without posing a threat to persons or to the environment in the location and for the time set out in the certificate; and

    • (b) is in conformity with all of the requirements and conditions that are imposed for the purposes of this section by subsection 5(4), whether they are imposed by regulation or by the National Energy Board.

  • Marginal note:Validity of certificate

    (4) A certificate referred to in subsection (1) is not valid if the certifying authority

    • (a) has not complied with any prescribed procedure or any procedure that the National Energy Board may establish; or

    • (b) is a person or an organization that has participated in the design, construction or installation of the equipment or installation in respect of which the certificate is issued, to any extent greater than that prescribed.

  • Marginal note:Access

    (5) An applicant shall permit the certifying authority to have access to the equipment and installation in respect of which the certificate is required and to any information that relates to them.

  • Marginal note:Definition of “certifying authority”

    (6) For the purposes of this section, certifying authority has the meaning assigned by the regulations.

  • Marginal note:Immunity

    (7) The National Energy Board or any delegate of the National Energy Board is not liable to any person by reason only of having issued an authorization in reliance on a certificate issued under this section.

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

Benefits Plan Approval

Definition of benefits plan

  •  (1) In this section, benefits plan means a plan for the employment of Canadians and for providing Canadian manufacturers, consultants, contractors and service companies with a full and fair opportunity to participate on a competitive basis in the supply of goods and services used in any proposed work or activity referred to in the benefits plan.

  • Marginal note:Benefits plan

    (2) No approval of a development plan shall be granted under subsection 5.1(1) and no authorization of any work or activity shall be issued under paragraph 5(1)(b), until the Minister has approved, or waived the requirement of approval of, a benefits plan in respect of the work or activity.

  • Marginal note:Affirmative action programs

    (3) The Minister may require that any benefits plan submitted pursuant to subsection (2) include provisions to ensure that disadvantaged individuals or groups have access to training and employment opportunities and to enable such individuals or groups or corporations owned or cooperatives operated by them to participate in the supply of goods and services used in any proposed work or activity referred to in the benefits plan.

  • Marginal note:Transboundary pool or field

    (4) The definitions in sections 29 and 48.15 apply in subsections (5) and (6).

  • Marginal note:Approval subject to agreement

    (5) A benefits 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 under subsection (2) unless the Minister and the appropriate regulator have agreed to its content.

  • Marginal note:Disagreement — Minister and regulator

    (6) The Minister or the regulator may, if they disagree about the content of the plan submitted for approval, refer the matter to an expert in accordance with section 48.27. The expert’s decision is deemed to be approval by the Minister of the plan.

  • R.S., 1985, c. 36 (2nd Supp.), s. 121;
  • 1992, c. 35, s. 11;
  • 2015, c. 4, s. 11.

Guidelines and Interpretation Notes

Marginal note:Board guidelines and interpretation notes
  •  (1) The National Energy Board may issue and publish, in any manner the Board considers appropriate, guidelines and interpretation notes with respect to the application and administration of section 5, 5.1 and 13.02 and subsection 27(1.01) and any regulations made under section 4.2, 13.17 and 14.

  • Marginal note:Ministerial guidelines and interpretation notes

    (2) The Minister may issue and publish, in any manner the Minister considers appropriate, guidelines and interpretation notes with respect to the application and administration of section 5.2.

  • Marginal note:Not statutory instruments

    (3) For greater certainty, guidelines and interpretation notes issued pursuant to subsections (1) and (2) are not statutory instruments as defined in the Statutory Instruments Act.

  • R.S., 1985, c. 36 (2nd Supp.), s. 121;
  • 1994, c. 10, s. 5;
  • 2007, c. 35, s. 148;
  • 2015, c. 4, s. 12.

Jurisdiction and Powers of the National Energy Board

Marginal note:Jurisdiction
  •  (1) The National Energy Board has full and exclusive jurisdiction to inquire into, hear and determine any matter

    • (a) if it appears to the National Energy Board that any person failed to do any act, matter or thing required to be done by this Act, any regulation, order or direction made under this Act, or an operating licence or authorization issued under section 5, or that any person has done or is doing any act, matter or thing contrary to or in contravention of this Act, any regulation, order or direction made under this Act, or an operating licence or authorization issued under section 5; or

    • (b) if it appears to the National Energy Board that the circumstances may require the Board, in the public interest, to make any order or give any direction, leave, sanction or approval that by law it is authorized to make or give, or with respect to any act, matter or thing that is prohibited, sanctioned or required to be done by this Act, any regulation, order or direction made under this Act, or an operating licence or authorization issued under section 5.

  • Marginal note:Of its own motion

    (2) The National Energy Board may, of its own motion, inquire into, hear and determine any matter or thing that under this Act it may inquire into, hear and determine.

  • Marginal note:Matters of law and fact

    (3) For the purposes of this Act, the National Energy Board has full jurisdiction to hear and determine all matters, whether of law or of fact.

  • 2007, c. 35, s. 149.
 
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