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

Act current to 2016-09-18 and last amended on 2016-06-19. Previous Versions

Marginal note:Mandatory orders

 The National Energy Board may

  • (a) order and require any person to do, without delay, or within or at any specified time and in any manner set by the Board, any act, matter or thing that the person is or may be required to do under this Act, any regulation, order or direction made under this Act or an operating licence or authorization issued under section 5; and

  • (b) prohibit the doing or continuing of any act, matter or thing that is contrary to this Act, any regulation, order or direction made under this Act or an operating licence or authorization issued under section 5.

  • 2007, c. 35, s. 149.
Marginal note:Committee’s decisions and orders

 Sections 5.31 and 5.32 do not apply to any act, matter or thing required by or contrary to any decision or order of the Committee.

  • 2007, c. 35, s. 149.
Marginal note:Public hearings

 The National Energy Board may conduct a public hearing in relation to the exercise of any of its powers or the performance of any of its duties and functions under this Act.

  • 2015, c. 4, s. 13.
Marginal note:Confidentiality

 At any public hearing conducted under section 5.331 or in any proceedings with respect to Part 0.1, the National Energy Board may take any measures and make any order that it considers necessary to ensure the confidentiality of any information likely to be disclosed at the hearing or in the proceedings if the Board is satisfied that

  • (a) disclosure of the information could reasonably be expected to result in a material loss or gain to a person directly affected by the hearing or proceedings, or to prejudice the person’s competitive position, and the potential harm resulting from the disclosure outweighs the public interest in making the disclosure; or

  • (b) the information is financial, commercial, scientific or technical information that is confidential information supplied to the Board and

    • (i) the information has been consistently treated as confidential information by a person directly affected by the hearing or proceedings, and

    • (ii) the person’s interest in confidentiality outweighs the public interest in its disclosure.

  • 2007, c. 35, s. 149;
  • 2015, c. 4, s. 13.
Marginal note:Confidentiality — security

 At any public hearing conducted under section 5.331 or in respect of any order, or in any proceedings, with respect to Part 0.1, the National Energy Board may take any measures and make any order that it considers necessary to ensure the confidentiality of information that is likely to be disclosed at the hearing or in the proceedings or is contained in the order if the Board is satisfied that

  • (a) there is a real and substantial risk that disclosure of the information will impair the security of pipelines, buildings, installations, vessels, vehicles, aircraft or systems, including computer or communication systems, or methods employed to protect them; and

  • (b) the need to prevent disclosure of the information outweighs the public interest in its disclosure.

  • 2007, c. 35, s. 149;
  • 2015, c. 4, s. 13.
Marginal note:Exception

 The National Energy Board shall not take any measures or make any order under section 5.34 or 5.35 in respect of information or documentation referred to in paragraphs 101(7)(a) to (e) and (i) of the Canada Petroleum Resources Act.

  • 2015, c. 4, s. 13.
Marginal note:Conditional orders, etc.
  •  (1) Without limiting the generality of any provision of this Act that authorizes the National Energy Board to impose terms and conditions in respect of any operating licence or authorization issued under section 5 or any of its orders, the Board may direct in any operating licence, authorization or order that it or any portion or provision of it shall come into force at a future time or on the happening of any contingency, event or condition specified in the operating licence, authorization or order or on the performance to the satisfaction of the Board of any conditions or requirements that the Board may impose in the operating licence, authorization or order, and the Board may direct that the whole or any portion of the operating licence, authorization or order shall have force for a limited time or until the happening of a specified event.

  • Marginal note:Interim orders

    (2) The National Energy Board may, instead of making an order final in the first instance, make an interim order, and may reserve its decision pending further proceedings in connection with any matter.

  • 2007, c. 35, s. 149.

Documents

Marginal note:Documents
  •  (1) A holder of the leave required by paragraph 4.01(1)(d) and a holder of an authorization to construct or operate a pipeline issued under paragraph 5(1)(b), or the successor or assign of either holder, shall keep, in a form and manner determined by the National Energy Board, any documents, including any records or books of account, that the Board requires and that contain information that is determined by the Board to be necessary for the administration of this Act and any regulations made under it.

  • Marginal note:Production and inspection

    (2) The holder of that leave and the holder of that authorization, or the successor or assign of either holder, shall produce those documents to the National Energy Board, or make them available to the Board or its designated representative, for inspection or copying at a time and under conditions set by the Board.

  • 2007, c. 35, s. 149;
  • 2015, c. 21, s. 42.

Oil and Gas Administration Advisory Council

Marginal note:Council established
  •  (1) There is established a council, to be known as the Oil and Gas Administration Advisory Council, consisting of the following six members, namely, the Chairperson of the Canada-Nova Scotia Offshore Petroleum Board, the Chairperson of the Canada–Newfoundland and Labrador Offshore Petroleum Board, the Chairperson of the National Energy Board, a person designated jointly by the federal Ministers, a person designated by one of the Provincial Ministers and a person designated by the other Provincial Minister.

  • Marginal note:Duty of Council

    (2) The Council shall promote consistency and improvement in the administration of the regulatory regime in force under this Act and Part III of the Accord Acts and provide advice respecting those matters to the federal Ministers, the Provincial Ministers and the Boards referred to in subsection (1).

  • 1992, c. 35, s. 12;
  • 1994, c. 10, s. 6;
  • 2012, c. 19, s. 120(E);
  • 2014, c. 13, s. 102.

Offshore Oil and Gas Training Standards Advisory Board

Marginal note:Board established
  •  (1) The federal Ministers, with the approval of the Provincial Ministers, may establish a board, to be known as the Offshore Oil and Gas Training Standards Advisory Board, consisting of not more than nine members, each of whom has special knowledge respecting offshore oil and gas operations or respecting training for such operations.

  • Marginal note:Purpose

    (2) The Board shall inquire as to existing training standards and, where necessary, develop or encourage the development of training standards and shall recommend the adoption of training standards to the federal and Provincial Ministers and to the Boards referred to in subsection 5.4(1).

  • 1992, c. 35, s. 12.

Extended Formation Flow Tests

Marginal note:Title
  •  (1) Subject to subsection (2), title to oil and gas produced during an extended formation flow test vests in the person who conducts the test in accordance with an authorization under section 5, with every approval and requirement subject to which such an authorization is issued and with any applicable regulation, whether or not the person has a production licence issued under the Canada Petroleum Resources Act.

  • Marginal note:Conditions

    (2) Title to oil and gas referred to in subsection (1) is conditional on compliance with the terms of the authorization, approval or regulation, including the payment of royalties or other payment in lieu of royalties.

  • Marginal note:Limitation

    (3) This section applies only in respect of an extended formation flow test that provides significant information for determining the best recovery system for a reservoir or for determining the limits of a reservoir or the productivity of a well producing oil or gas from a reservoir and that does not adversely affect the ultimate recovery from a reservoir.

  • 1992, c. 35, s. 12.

Oil and Gas Committee

Constitution

Marginal note:Oil and Gas Committee
  •  (1) The Governor in Council may establish a committee to be known as the Oil and Gas Committee, which shall consist of five members, not more than three of whom shall be employees in the federal public administration.

  • Marginal note:Ministerial direction

    (2) The Committee shall be under the direction of

    • (a) the Minister of Indian Affairs and Northern Development in relation to any area in respect of which that Minister has administrative responsibility for the natural resources therein; and

    • (b) the Minister of Natural Resources in relation to any area in respect of which that Minister has administrative responsibility for the natural resources therein.

  • Marginal note:Appointment of members and chairman

    (3) The members of the Committee shall be appointed by the Governor in Council to hold office for a term of three years, and one member shall be designated as chairman for such term as may be fixed by the Governor in Council.

  • Marginal note:Re-appointment permitted

    (4) A retiring chairman or retiring member may be re-appointed to the Committee in the same or another capacity.

  • R.S., 1985, c. O-7, s. 6;
  • 1994, c. 41, s. 37;
  • 2003, c. 22, s. 224(E).
 
Date modified: