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  1. First Nations Oil And Gas Environmental Assessment Regulations - SOR/2007-272 (SCHEDULE : Projects Subject to Comprehensive Study Process)

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    4 Construction of an oil and gas pipeline that is more than 75 km in length on land that has not already been developed for a power line, pipeline, railway line or all-season public highway and that is not contiguous, for its whole length, to any other linear physical work.

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    6 Construction, decommissioning or abandonment of

    • (a) a heavy oil or oil sands processing facility with an oil production capacity of more than 10 000 m3/d; or

    • (b) an oil sands mine with a bitumen production capacity of more than 10 000 m3/d.

    7 Expansion of a heavy oil or oil sands processing facility that would result in an increase in oil production capacity that would exceed 5 000 m3/d and that would raise the total oil production capacity to more than 10 000 m3/d.

    8 Construction, decommissioning or abandonment, or an expansion that would result in an increase in production capacity of more than 35%, of

    • (a) an oil refinery, including a heavy oil upgrader, with an input capacity of more than 10 000 m3/d; 


  2. First Nations Oil And Gas Environmental Assessment Regulations - SOR/2007-272 (Section 2)
    Marginal note:Content of oil and gas laws

    2 For the purposes of subsection 63(1) of the Act, a first nation’s oil and gas law made in relation to environmental assessment shall include the rules set out in sections 1, 3 and 5 to 54, with any adaptations of form and reference that will facilitate the incorporation of those rules into the first nation’s oil and gas law.


  3. First Nations Oil And Gas Environmental Assessment Regulations - SOR/2007-272 (Section 1)
    Marginal note:Definitions

    • 1 (1) The following definitions apply in these Regulations.

      Act

      Act  means the First Nations Oil and Gas and Moneys Management Act. (Loi)

    • Marginal note:Precautionary principle

      (2) In the administration of a first nation’s oil and gas law made in relation to environmental assessment, the decision-making authority and the council of the first nation shall exercise their powers in a manner that protects the environment and human health and applies the precautionary principle.

    • Marginal note:Duty to consult if council not decision-making authority

      (3) If the council of the first nation is not the decision-making authority under the first nation’s oil and gas law, the council of the first nation shall, before exercising any power referred to in paragraph 8(b), section 9 or 10, paragraph 11(1)(e), section 31, paragraph 34(1)(a), subsection 35(2), paragraph 39(1)(a) or subsection 40(2), consult with the decision-making authority, in addition to any other persons or bodies with whom it has a duty to consult under those provisions.


  4. First Nations Oil And Gas Environmental Assessment Regulations - SOR/2007-272

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    Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development and the Minister of the Environment, pursuant to subsection 63(1) and paragraph 63(2)(b) of the First Nations Oil and Gas and Moneys Management ActFootnote a, hereby makes the annexed First Nations Oil and Gas Environmental Assessment Regulations.

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  5. First Nations Oil And Gas Environmental Assessment Regulations - SOR/2007-272 (Section 4)
    Marginal note:Exempted projects

    4 A first nation may, in its oil and gas law, exempt from environmental assessment any class of project that is set out in the Exclusion List Regulations, 2007, other than those listed in Schedules 2 and 3 to those Regulations, that relates to installations used for oil or gas exploration or exploitation.


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