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Canada Petroleum Resources Act (R.S.C., 1985, c. 36 (2nd Supp.))

Act current to 2019-11-19 and last amended on 2019-08-28. Previous Versions

PART IXAdministration and Enforcement (continued)

Regulations

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act and, without restricting the generality of the foregoing, may make regulations

    • (a) not inconsistent with the Canada Lands Surveys Act authorizing or requiring the survey, division and subdivision of frontier lands and defining and describing those divisions and subdivisions;

    • (b) prescribing the information and documentation to be provided by interest owners and interest holders for the purposes of this Act, the time when and manner in which such information and documentation is to be provided, authorizing the Minister to prescribe the form in which it is to be provided and requiring such information and documentation to be provided in accordance with the regulations;

    • (c) requiring fees and deposits to be paid in respect of interests, prescribing the amounts of such fees and deposits, the time and manner of their payment and providing for the administration of such fees and deposits and the disposition and return of deposits;

    • (c.1) respecting the fees or charges, or the method of calculating the fees or charges, to be paid for the provision, by the Commission of the Canadian Energy Regulator, the person designated under section 4.1 of the Canada Oil and Gas Operations Act or the Minister, of a service or a product under this Act;

    • (c.2) respecting the fees or charges, or the method of calculating the fees or charges, to be paid by a holder of an interest or a share in an interest in respect of any of activities under or related to this Act that are carried out by the Commission of the Canadian Energy Regulator, the person designated under section 4.1 of the Canada Oil and Gas Operations Act or the Minister;

    • (c.3) respecting the refund of all or part of any fee or charge referred to in paragraph (c.1) or (c.2), or the method of calculating that refund; and

    • (d) prescribing any other matter or thing that by this Act is to be prescribed or that is to be done by regulations.

  • Marginal note:Amounts not to exceed cost

    (1.1) The amounts of the fees or charges referred to in paragraph (1)(c.1) shall not exceed the cost of providing the services or products.

  • Marginal note:Amounts not to exceed cost

    (1.2) The amounts of the fees or charges referred to in paragraph (1)(c.2) shall not exceed the cost of performing the activities under or related to this Act.

  • Marginal note:Publication of proposed regulations

    (2) Subject to subsection (3), a copy of each regulation that the Governor in Council proposes to make under this Act shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to interested persons to make representations to the Minister with respect thereto.

  • Marginal note:Single publication required

    (3) No proposed regulation need be published more than once under subsection (2) whether or not it is altered or amended after such publication as a result of representations made by interested persons as provided in that subsection.

  • R.S., 1985, c. 36 (2nd Supp.), s. 107
  • 2015, c. 4, s. 36
  • 2019, c. 28, s. 151

Marginal note:Forms

  •  (1) The Minister may prescribe any form or any information to be given on a form that is by this Act or the regulations to be prescribed and may include on any form so prescribed a declaration, to be signed by the person completing the form, declaring that the information given by that person on the form is, to the best of his knowledge, true, accurate and complete.

  • Marginal note:Forms prescribed or authorized

    (2) Every form purporting to be a form prescribed or authorized by the Minister shall be deemed to be a form prescribed by the Minister under this Act unless called in question by the Minister or some person acting for the Minister or Her Majesty.

  • Marginal note:Forms not regulations

    (3) Where a form or information to be given on a form is prescribed by the Minister pursuant to this Act, it shall be deemed not to be a regulation within the meaning of the Statutory Instruments Act.

Report to Parliament

Marginal note:Report to Parliament

 The Minister shall, within ninety days after the end of each year, cause to be prepared a report with respect to the administration of this Act during that year, and shall cause the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day the report is prepared.

PART XTransitional, Consequential and Commencement

Transitional

Marginal note:Exploration agreements extant are continued

  •  (1) Where an exploration agreement was entered into or negotiations in respect thereof were completed under the Canada Oil and Gas Act before the coming into force of this section, that exploration agreement shall, for the purposes of this Act, be referred to as an exploration licence and shall, subject to this Act, have effect in accordance with its terms and conditions.

  • Marginal note:Production licences extant

    (2) Where a production licence was granted under the Canada Oil and Gas Act and is in force on the coming into force of this section, it shall be deemed to be a production licence issued under this Act on the coming into force of this section and is subject to this Act.

  • Marginal note:Declarations of significant discovery continued

    (3) Where a declaration of significant discovery was made under section 45 of the Canada Oil and Gas Act and is in force on the coming into force of this section, it continues in force as if it was made pursuant to section 28 of this Act.

  • Marginal note:Deemed significant discovery licences

    (4) Where, on the coming into force of this section, an exploration agreement is continuing in force pursuant to subsection 17(4) of the Canada Oil and Gas Act, it shall be deemed to be a significant discovery licence issued under this Act on the coming into force of this section and is subject to this Act.

Marginal note:Replacement of rights

  •  (1) Subject to section 110 and subsections 112(2) and 114(4) and (5), the interests provided for under this Act replace all petroleum rights or prospects thereof acquired or vested in relation to frontier lands prior to the coming into force of this section.

  • Marginal note:No compensation

    (2) No party shall have any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any servant or agent thereof for any acquired, vested or future right or entitlement or any prospect thereof that is replaced or otherwise affected by this Act, or for any duty or liability imposed on that party by this Act.

Marginal note:Regulations continue in force

  • R.S., 1985, c. 36 (2nd Supp.), s. 112
  • 1991, c. 10, ss. 19, 20

Marginal note:Former permits, former special renewal permits and former exploration agreements

  •  (1) Subject to sections 115 and 116, the interest owner of a former permit, former special renewal permit or former exploration agreement shall, on or before the first anniversary date of any such interest following March 5, 1982 or on or before the day that is six months after that date, whichever is the later, negotiate an exploration licence with the Minister.

  • Marginal note:Surrender

    (2) Where an interest owner referred to in subsection (1) does not comply with that subsection, the frontier lands under the relevant interest are deemed to be surrendered and become Crown reserve lands.

  • Marginal note:Extension

    (3) Notwithstanding anything in this Act, an exploration licence under subsection (1) may be extended to include all or any portion of the frontier lands under the preceding interest and any related frontier lands that, immediately prior to that extension, were Crown reserve lands.

  • Marginal note:Where drilling commitment exists

    (4) Where a former special renewal permit or former exploration agreement contains provisions for the drilling of one or more wells, the Minister shall offer to issue an exploration licence to the interest owner for a term equal to the balance of the term of the former special renewal permit or former exploration agreement remaining on March 5, 1982 and having the same drilling provisions.

Marginal note:Former leases

  •  (1) Subject to sections 115 and 116, the interest owner of a former lease, other than a lease referred to in subsection (4), shall, on or before the first anniversary date of the former lease following March 5, 1982 or on or before the day that is six months after that date, whichever is the later, negotiate an exploration licence with the Minister.

  • Marginal note:Surrender

    (2) Where the interest owner referred to in subsection (1) does not comply with that subsection, the frontier lands under the former lease are deemed to be surrendered and become Crown reserve lands.

  • Marginal note:Application

    (3) Subsection 113(3) applies, with such modifications as the circumstances require, to lands that may be included in an exploration licence under subsection (1).

  • Marginal note:Exception

    (4) Oil and Gas Leases numbered 529-R, 703, 704, 705, 707-R, 708-R, 709-R, 710-R, 838, 702, 411, 412, 442-R, 443-R and 444-R, issued pursuant to the Canada Oil and Gas Land Regulations shall continue in force in accordance with their terms and conditions.

  • Marginal note:Idem

    (5) Notwithstanding any other provision of this Act, the Norman Wells Agreement of 1944 and the Norman Wells Expansion Agreement of 1983 shall continue in force in accordance with the terms and conditions of those Agreements, as amended by the Norman Wells Amending Agreement of 1994, and sections 1 to 117 do not apply to any of those Agreements.

  • R.S., 1985, c. 36 (2nd Supp.), s. 114
  • 1994, c. 36, s. 1
 
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