Canada Petroleum Resources Act

Marginal note:Application for declaration of significant discovery

• 28 (1) Where a significant discovery has been made on any frontier lands that are subject to an interest or a share therein held in accordance with section 23, the National Energy Board shall, on the application of the interest holder of the interest or the share made in the form and manner and containing such information as may be prescribed, make a written declaration of significant discovery in relation to those frontier lands in respect of which there are reasonable grounds to believe that the significant discovery may extend.

• Marginal note:Declaration on initiative of National Energy Board

  (2) Where a significant discovery has been made on any frontier lands, the National Energy Board may, by order, make a declaration of significant discovery in relation to those frontier lands in respect of which there are reasonable grounds to believe the significant discovery may extend.

• Marginal note:Description of frontier lands subject to declaration

  (3) A declaration made pursuant to subsection (1) or (2) shall describe the frontier lands to which the declaration applies.

• Marginal note:Amendment or revocation of declaration

  (4) Subject to subsection (5), where a declaration of significant discovery is made pursuant to subsection (1) or (2) and, based on the results of further drilling, there are reasonable grounds to believe that a discovery is not a significant discovery or that the frontier lands to which the significant discovery extends differ from the significant discovery area, the National Energy Board may, as appropriate in the circumstances,

  • (a) amend the declaration of significant discovery by increasing or decreasing the significant discovery area; or

  • (b) revoke the declaration.

• Marginal note:Idem

  (5) A declaration of significant discovery shall not be amended to decrease the significant discovery area or revoked earlier than

  • (a) in the case of a significant discovery area that is subject to a significant discovery licence issued pursuant to subsection 30(1), the date on which the exploration licence referred to in that subsection expires; and

  • (b) in the case of a significant discovery area that is subject to a significant discovery licence issued pursuant to subsection 30(2), three years after the effective date of the significant discovery licence.

• Marginal note:Notice

  (6) A copy of a declaration of significant discovery and of any amendment or revocation thereof made under this section in relation to any frontier lands subject to an interest shall be sent by registered mail to the interest owner of that interest.

• Marginal note:Procedures

  (7) The procedures described in section 28.2 of the National Energy Board Act apply to the making, amendment and revocation of a declaration under this section.

• Marginal note:Delegation

  (8) The National Energy Board may delegate any of its powers under this section to a member, officer or employee of the Board, who shall exercise the powers in accordance with the terms of the delegation.