First Nations Oil and Gas and Moneys Management Act

Marginal note:Definitions

• 2 (1) The following definitions apply in this Act.

  contract

  contract means a licence, permit or lease granting a surface or subsurface right or interest in land — or an instrument evidencing an easement, a right-of-way, a right of entry or any other disposition of a right or interest in land — that is granted, issued or made for the purposes of oil or gas exploration or exploitation. (contrat)

  decision-making authority

  decision-making authority, in relation to a project, means a person or body having power under section 34 or under a first nation’s oil and gas laws to make any decision that is required in order for the project to be undertaken. (autorité décisionnelle)

  environmental assessment

  environmental assessment, in relation to a project in a managed area, means an assessment of the project’s effects on the environment conducted in one or more stages in accordance with a first nation’s oil and gas laws. (évaluation environnementale)

  exploitation

  exploitation, in relation to oil or gas, means its extraction, production, storage, distribution, processing or refining, or its use to generate electrical energy, to the extent that those activities relate to lands in a managed area. (exploitation)

  exploration

  exploration includes surveying, mapping, test drilling and geological, geophysical and geochemical examinations carried out in pursuit of oil or gas. (exploration)

  financial institution

  financial institution means a bank or a trust company. (institution financière)

  first nation

  first nation means a band within the meaning of the Indian Act. (première nation)

  first nation member

  first nation member means a person whose name appears on the band list of a first nation or who is entitled to have their name appear on that list. (membre de la première nation)

  gas

  gas means natural gas that can be produced from a well, including natural gas from a coal bed, and includes marketable gas as well as condensate and other fluid components of natural gas that are not oil. (gaz)

  managed area

  managed area means a managed area as described in section 25. (secteur aménagé)

  Minister

  Minister means the Minister of Indigenous Services. (ministre)

  oil

  oil means any hydrocarbon that can be extracted or recovered in liquid form from surface or subsurface deposits, other than condensate, or that can be extracted or recovered from bitumen, bituminous sands, oil sands or oil shale. (pétrole)

  oil and gas law

  oil and gas law means a law made by a first nation under section 35. (texte pétrolier ou gazier)

  oil and gas moneys

  oil and gas moneys means moneys derived from oil or gas exploration or exploitation within the managed area of a first nation after the first nation’s transfer date, and includes fines recovered for offences under oil and gas laws. (recettes pétrolières ou gazières)

  project

  project means

  • (a) any proposed construction, operation, modification, decommissioning or abandonment of an installation used for oil or gas exploration or exploitation, or any other proposed undertaking in relation to such an installation; or

  • (b) any proposed exploration activity of a kind that is defined, by the regulations or by a first nation’s oil and gas laws, as a project for the purposes of environmental assessments. (projet)

  transfer date

  transfer date, in relation to a first nation, means the date on which the first nation’s name is added to Schedule 1 under subsection 22(1). (date de transfert)

  trust company

  trust company means a trust company under subsection 57(2) of the Trust and Loan Companies Act, or a company incorporated by or under a provincial Act that carries on the business of a trust company, that is a member institution within the meaning of section 2 of the Canada Deposit Insurance Corporation Act. (société de fiducie)

• Marginal note:Expressions in Impact Assessment Act

  (2) In this Act, environment has the same meaning as in section 2 of the Impact Assessment Act and environmental effects has the same meaning as in section 81 of that Act.

• Marginal note:Expressions in Indian Act

  (3) Unless the context otherwise requires, words and expressions used in this Act have the same meaning as in the Indian Act.