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

Act current to 2017-12-11 and last amended on 2016-06-19. Previous Versions

Marginal note:Prevention of waste
  •  (1) Where the Chief Conservation Officer, on reasonable grounds, is of the opinion that waste, other than waste as defined in paragraph 18(2)(f) or (g), is being committed, the Chief Conservation Officer may, subject to subsection (2), order that all operations giving rise to the waste cease until he is satisfied that the waste has stopped.

  • Marginal note:Investigation

    (2) Before making any order under subsection (1), the Chief Conservation Officer shall hold an investigation at which interested persons shall be given an opportunity to be heard.

  • Marginal note:Peremptory order

    (3) Notwithstanding subsection (2), the Chief Conservation Officer may, without an investigation, make an order under this section requiring all operations to be shut down if in the opinion of the Chief Conservation Officer it is necessary to do so to prevent damage to persons or property or to protect the environment, but as soon as possible after making such an order and in any event within fifteen days thereafter, the Chief Conservation Officer shall hold an investigation at which interested persons shall be given an opportunity to be heard.

  • Marginal note:Order after inquiry

    (4) At the conclusion of an investigation under subsection (3), the Chief Conservation Officer may set aside, vary or confirm the order made or make a new order.

  • R.S., 1985, c. O-7, s. 19;
  • 1992, c. 35, s. 17.
Marginal note:Taking over management
  •  (1) For the purpose of giving effect to an order made under section 19, the Chief Conservation Officer may authorize and direct such persons as may be necessary to enter the place where the operations giving rise to the waste are being carried out and take over the management and control of those operations and any works connected therewith.

  • Marginal note:Controlling operations and costs thereof

    (2) A person authorized under subsection (1) to take over the management and control of operations shall manage and control the operations and do all things necessary to stop the waste, and the cost thereof shall be borne by the person who holds the permit or the lease and until paid constitutes a debt recoverable by action in any court of competent jurisdiction as a debt due to Her Majesty in right of Canada.

  • R.S., 1985, c. O-7, s. 20;
  • 1992, c. 35, s. 18(F).
Marginal note:Appeal to the National Energy Board

 A person aggrieved by an order of the Chief Conservation Officer under section 17 or 19 after an investigation under subsection 19(2) or (3) may appeal to the National Energy Board to have the order reviewed under section 28.4 of the National Energy Board Act.

  • R.S., 1985, c. O-7, s. 21;
  • 1992, c. 35, s. 19(F);
  • 1994, c. 10, s. 8.
Marginal note:Application for show cause order in respect of waste

 When the Chief Conservation Officer, on reasonable grounds, is of the opinion that waste, as defined in paragraph 18(2)(f) or (g), is occurring in the recovery of oil or gas from a pool, that Officer may apply to the National Energy Board for an order under section 28.5 of the National Energy Board Act requiring the operators within the pool to show cause why the Board should not make a direction in respect of the waste.

  • R.S., 1985, c. O-7, s. 22;
  • 1992, c. 35, s. 20(F);
  • 1994, c. 10, s. 8.

 [Repealed, 1994, c. 10, s. 8]

Spills and Debris

Definition of spill

  •  (1) In sections 25 to 28, spill means a discharge, emission or escape of oil or gas, other than one that is authorized under subsection 25.4(1), the regulations or any other federal law. It does not include a discharge from a vessel to which Part 8 or 9 of the Canada Shipping Act, 2001 applies or from a ship to which Part 6 of the Marine Liability Act applies.

  • Definition of actual loss or damage

    (2) In section 26, actual loss or damage includes loss of income, including future income, and, with respect to any Aboriginal peoples of Canada, loss of hunting, fishing and gathering opportunities. It does not include loss of income recoverable under subsection 42(3) of the Fisheries Act.

  • Definition of debris

    (3) In sections 26 to 27 and 28, debris means any installation or structure that was put in place in the course of any work or activity required to be authorized under paragraph 5(1)(b) and that has been abandoned without an authorization that may be required by or under this Act, or any material that has broken away or been jettisoned or displaced in the course of any of that work or activity.

  • Marginal note:Immunity

    (4) Her Majesty in right of Canada incurs no liability whatever to any person arising out of the authorization by regulations made by the Governor in Council of any discharge, emission or escape of oil or gas.

  • R.S., 1985, c. O-7, s. 24;
  • R.S., 1985, c. 36 (2nd Supp.), s. 123, c. 6 (3rd Supp.), s. 92;
  • 1992, c. 35, s. 22;
  • 2001, c. 6, s. 117, c. 26, ss. 315, 324;
  • 2015, c. 4, s. 16.
Marginal note:Spills prohibited
  •  (1) No person shall cause or permit a spill on or from any area to which this Act applies.

  • Marginal note:Duty to report spills

    (2) Where a spill occurs in any area to which this Act applies, any person who at the time of the spill is carrying on any work or activity related to the exploration for or development or production of oil or gas in the area of the spill shall, in the manner prescribed by the regulations, report the spill to the Chief Conservation Officer.

  • Marginal note:Duty to take reasonable measures

    (3) Every person required to report a spill under subsection (2) shall, as soon as possible, take all reasonable measures consistent with safety and the protection of the environment to prevent any further spill, to repair or remedy any condition resulting from the spill and to reduce or mitigate any danger to life, health, property or the environment that results or may reasonably be expected to result from the spill.

  • Marginal note:Taking emergency action

    (4) Where the Chief Conservation Officer, on reasonable grounds, is satisfied that

    • (a) a spill has occurred in any area to which this Act applies and immediate action is necessary in order to effect any reasonable measures referred to in subsection (3), and

    • (b) such action is not being taken or will not be taken under subsection (3),

    he may take such action or direct that it be taken by such persons as may be necessary.

  • Marginal note:Taking over management

    (5) For the purposes of subsection (4), the Chief Conservation Officer may authorize and direct such persons as may be necessary to enter the place where the spill has occurred and take over the management and control of any work or activity thereat.

  • Marginal note:Managing work or activity

    (6) A person authorized and directed to take over the management and control of any work or activity under subsection (5) shall manage and control that work or activity and take all reasonable measures in relation to the spill that are referred to in subsection (3).

  • Marginal note:Costs

    (7) Any costs incurred under subsection (6) shall be borne by the person who obtained an authorization under paragraph 5(1)(b) in respect of the work or activity from which the spill emanated and until paid constitute a debt recoverable by action in any court of competent jurisdiction as a debt due to Her Majesty in right of Canada.

  • Marginal note:Recovery of costs

    (7.1) Where a person, other than a person referred to in subsection (7), takes action pursuant to subsection (3) or (4), the person may recover from Her Majesty in right of Canada the costs and expenses reasonably incurred by that person in taking the action.

  • Marginal note:Appeal

    (8) A person aggrieved by any action or measure taken or authorized or directed to be taken under subsections (4) to (6) may appeal to the National Energy Board to have the order reviewed under section 28.4 of the National Energy Board Act.

  • Marginal note:Personal liability

    (9) No person required, directed or authorized to act under this section or section 28.4 of the National Energy Board Act is personally liable, either civilly or criminally, in respect of any act or omission in the course of complying with this section unless it is shown that the person did not act reasonably in the circumstances.

  • R.S., 1985, c. O-7, s. 25;
  • 1992, c. 35, s. 23;
  • 1994, c. 10, s. 9.
Marginal note:Spill-treating agents
  •  (1) In the case of a spill in the zones referred to in paragraph 3(d) or the waters superjacent to the continental shelf of Canada, the provisions referred to in Schedule 1 do not apply to the deposit of a spill-treating agent and those referred to in Schedule 2 do not apply in respect of any harm that is caused by the spill-treating agent or by the interaction between the spill-treating agent and the spilled oil, if

    • (a) the authorization issued under paragraph 5(1)(b) permits the use of the spill-treating agent;

    • (b) the Chief Conservation Officer approves the use of the agent in response to the spill and it is used in accordance with any requirements set out in the approval; and

    • (c) the agent is used for the purposes of subsection 25(3) or (4).

  • Marginal note:Clarification

    (2) The provisions referred to in Schedule 2 continue to apply to the holder of an authorization referred to in paragraph (1)(a) in respect of any harm that is caused by the spill or, despite subsection (1), by the interaction between the spill-treating agent and the spilled oil.

  • Marginal note:Net environmental benefit

    (3) Other than in the case of a small-scale test, the approval required under paragraph (1)(b) shall be in writing and shall not be granted unless the Chief Conservation Officer

    • (a) has consulted with the Minister and the Minister of the Environment with respect to the approval; and

    • (b) determines that the use of the agent is likely to achieve a net environmental benefit.

  • 2015, c. 4, ss. 17, 118.
 
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