1. These Regulations may be cited as the Indian Oil and Gas Regulations, 1995.

2. In these Regulations,

“Act”

“Act” means the Indian Oil and Gas Act; (Loi)

“approval of the band council”

“approval of the band council” means approval evidenced by a written resolution signed by a quorum of a band council or, where pursuant to paragraph 3(1)(b) a band council has delegated its authority to a person, approval in writing signed by that person; (autorisation du conseil de bande)

“band council”

“band council” means the council of a band that has the use and benefit of the Indian lands that are being used or from which oil or gas is being produced; (conseil de bande)

“band member in lawful possession”

“band member in lawful possession”, in respect of land, means a member of a band who is lawfully in possession of the land within the meaning of subsection 20(1) or section 22 of the Indian Act; (membre de bande occupant légalement une terre)

“commercial quantity”

“commercial quantity”, in respect of oil and gas, means a quantity of oil or gas produced from a well that economically warrants the drilling of a similar well in the immediate area, taking into consideration the cost of drilling and production operations, the quantity of production and the availability of markets; (quantité commerciale)

“condensate”

“condensate” means a liquid mixture, consisting mainly of pentanes and heavier hydrocarbons, that is condensed from gas and is recoverable at a well; (condensat)

“continuance”

“continuance”, in respect of a lease, means an extension of the term of the lease; (prolongation)

“contract”

“contract” means a permit, lease, surface rights contract, option or other disposition issued, made or granted under these Regulations or the former Regulations; (contrat)

“crude bitumen”

“crude bitumen” means a naturally occurring viscous mixture, consisting mainly of hydrocarbons heavier than pentane, that in its natural viscous state is not recoverable through a well in commercial quantity; (bitume brut)

“Executive Director”

“Executive Director” means the Executive Director of Indian Oil and Gas Canada, Department of Indian Affairs and Northern Development; (directeur exécutif)

“exploratory licence”

“exploratory licence” means a licence to conduct exploratory work issued under section 6; (licence d’exploration)

“exploratory work”

“exploratory work” includes mapping, surveying, geological, geophysical or geochemical examinations, test drilling and other investigations, conducted by air, land or water, that are related to the exploration for oil and gas; (travaux d’exploration)

“field”

“field” means the surface area of land that is or appears to be underlain by one or more pools and the subsurface vertically beneath that area; (champ)

“former Regulations”

“former Regulations” means the Indian Oil and Gas Regulations, C.R.C., c. 963, or any previous regulations made under the Indian Act respecting dispositions of oil or gas on Indian lands; (ancien règlement)

“lease”

“lease” means a lease of oil or gas rights granted under section 10 or a lease of oil or gas rights that is deemed, pursuant to section 5 of the Act, to be subject to these Regulations; (bail)

“marketable gas”

“marketable gas” means gas, consisting mainly of methane, that meets industry or utility specifications for use as a domestic, commercial or industrial fuel or as an industrial raw material; (gaz commercialisable)

“operator”

“operator” means a person who is engaged in an activity related to the exploitation of oil or gas on Indian lands, including a person who is acting on behalf of, or as an employee or agent of, a contract holder; (exploitant)

“paying quantity”

“paying quantity” means

• (a) in respect of a well that has been drilled but not completed and equipped, an anticipated output from the well of a quantity of oil or gas that would reasonably warrant incurring the completion and equipping costs of the well, and

• (b) in respect of a well that has been completed for the taking of production, an anticipated output from the well of a quantity of oil or gas that would reasonably warrant the taking of production from the well; (quantité rentable)

“permit”

“permit” means a permit in respect of oil and gas rights granted under section 10 or a permit that is deemed, pursuant to section 5 of the Act, to be subject to these Regulations; (permis)

“person”

“person” means a corporation or an individual who is at least 18 years of age; (personne)

“pool”

“pool” means a natural underground reservoir that appears to contain an isolated accumulation of oil or gas or of both; (gisement)

“pooling”

“pooling” means the combining of oil or gas rights for the purpose of forming a spacing unit; (mise en commun)

“project”

“project” means a part of one or more pools that is within the area of an operation undertaken in accordance with a plan approved in writing by the Executive Director pursuant to section 42; (chantier)

“right of entry”

“right of entry” means a right to enter and use surface land; (droit d’entrée)

“right-of-way”

“right-of-way” means an easement in land, or a right to cross over land, that is granted under section 27 or that is deemed, pursuant to section 5 of the Act, to be subject to these Regulations; (droit de passage)

“service well”

“service well” means a well that is operated for observation, fluid injection or disposal purposes; (puits de service)

“spacing unit”

“spacing unit” means an area that is designated as such by a provincial authority that is responsible for the drilling for, or production of, oil or gas on non-Indian lands; (unité d’espacement)

“surface lease”

“surface lease” means a right of exclusive use and occupation of land that is granted under section 27 or that is deemed, pursuant to section 5 of the Act, to be subject to these Regulations; (bail de superficie)

“surface rights contract”

“surface rights contract” means a right-of-way, a surface lease or an exploratory licence; (contrat de droits de superficie)

“unit”

“unit” means a part of one or more pools that is within the area of a unit operation; (unité)

“unit operation”

“unit operation” means an operation that is undertaken in accordance with a plan for combining the interests of all owners of a common source of oil or gas in a field or pool, or in a part thereof, so that the operation may be conducted as if there were only one operator and one tract. (exploitation collective)