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Indian Oil and Gas Act

Version of section 5 from 2019-08-01 to 2022-05-02:


Marginal note:Powers of Minister

  •  (1) The Minister may

    • (a) order the suspension of exploration for or exploitation of oil or gas situated in first nation lands or order a contract holder or operator to take remedial action if, in the Minister’s opinion, the exploration or exploitation

      • (i) presents a danger to property, risks the wasting of oil or gas or risks disturbing or damaging an oil or gas reservoir, the surface of land or the environment, or

      • (ii) presents a risk of harm to a site of palaeontological, archaeological, ethnological or historical significance or to a site that is of cultural, spiritual or ceremonial importance to the first nation;

    • (b) authorize the resumption of any exploration or exploitation suspended under paragraph (a) if, in the Minister’s opinion, the danger or risk no longer exists and if any remedial action ordered has been taken to the Minister’s satisfaction;

    • (c) despite the regulations, where lands have been set apart as a reserve for purposes of the implementation of an agreement for the settlement of land claims arising under a treaty, grant a contract that includes terms and conditions similar to those that were in effect in respect of those lands immediately before they were set apart as a reserve;

    • (d) fix a later time for a person to do anything under this Act or under a contract, even though the original time for doing it has passed, if the Minister is satisfied that a delay is or was unavoidable and that an extension would not prejudice any other person; and

    • (e) prescribe any forms that are necessary for the purposes of this Act.

  • Marginal note:Conditions

    (2) In exercising a power under subsection (1), the Minister may impose any conditions that the Minister considers appropriate.

  • R.S., 1985, c. I-7, s. 5
  • 1999, c. 31, s. 137(E)
  • 2009, c. 7, s. 1
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