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

Act current to 2015-08-04 and last amended on 2015-06-19. Previous Versions

Benefits Plan Approval

Marginal note: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.

  • R.S., 1985, c. 36 (2nd Supp.), s. 121;
  • 1992, c. 35, 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 or 13.02 or any regulations made under section 13.17 or 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.

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.