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Canada Oil and Gas Operations Act (R.S.C., 1985, c. O-7)

Act current to 2020-03-05 and last amended on 2020-02-26. Previous Versions

Licences and Authorizations (continued)

Operating Licences and Authorization for Work (continued)

Marginal note:Timing

  •  (1) If an application for an authorization under subsection 5(1) is made with respect to a work or activity proposed to be carried on in whole or in part in any area in respect of which the Minister of Northern Affairs has administrative responsibility for natural resources, the Commission of the Canadian Energy Regulator shall, within 18 months after the day on which the applicant has, in the Commission’s opinion, provided a complete application, either issue the authorization to the applicant under that subsection or notify the applicant in writing of its decision not to issue the authorization.

  • Marginal note:Extensions

    (2) The Minister may, by order, extend the period referred to in subsection (1) by a maximum of three months. The Governor in Council may, on the recommendation of the Minister, by order, further extend that period by any additional period or periods of time.

  • Marginal note:Impact assessment

    (3) If the application for an authorization is in respect of a designated project, as defined in section 2 of the Impact Assessment Act, for which an impact assessment is required under that Act, the Minister of the Environment must issue the decision statement referred to in section 65 of that Act in respect of the designated project.

  • Marginal note:Excluded period

    (4) If the Commission of the Canadian Energy Regulator requires the applicant to provide information or undertake a study with respect to the work or activity, the period that is taken by the applicant, in the Commission’s opinion, to comply with the requirement is not included in the calculation of the period referred to in subsection (1) or, if the period is extended under subsection (2), within that extended period.

  • Marginal note:Public notice of excluded period

    (5) The Commission of the Canadian Energy Regulator shall, without delay, make public the dates on which the period referred to in subsection (4) begins and ends.

  • 2015, c. 4, s. 7
  • 2019, c. 28, s. 127
  • 2019, c. 28, s. 142
  • 2019, c. 29, s. 374

Marginal note:Participant funding program

 The Canadian Energy Regulator may establish a participant funding program to facilitate the participation of the public in the impact assessment, as defined in section 2 of the Impact Assessment Act, of any designated project, as defined in that section, if

  • (a) the Canadian Energy Regulator has responsibilities for the project under that Act;

  • (b) the project includes physical activities that are designated by regulations made under paragraph 112(1)(e) of that Act or that are part of a class of activities designated by those regulations; and

  • (c) the project is the subject of an application for an authorization under subsection 5(1) of this Act.

  • 2015, c. 4, s. 7
  • 2019, c. 28, s. 128

Marginal note:Right of entry

  •  (1) Any person may, for the purpose of exploring for or exploiting oil or gas, maintaining safety or protecting the environment, enter on and use the surface of the land in any area in which this Act applies in order to carry on a work or activity authorized under paragraph 5(1)(b).

  • Marginal note:Right of entry — abandoned pipeline

    (1.1) Any person or their successor or assign may, for the purpose of maintaining safety or protecting the environment, enter on and use the surface of the land in any area in which this Act applies in order to carry on a work or activity in relation to an abandoned pipeline for which the person has received the leave required by paragraph 4.01(1)(d).

  • Marginal note:Restriction

    (2) Despite subsections (1) and (1.1), if a person occupies land in an area to which this Act applies and that person owns or has title to the land — or has lawful possession of it, other than by virtue of an authorization under paragraph 5(1)(b) or an interest as defined in section 2 of the Canada Petroleum Resources Act — it is prohibited for anyone to enter on or use the surface of that land without the consent of the occupier or, if consent has been refused, except in accordance with the terms and conditions of

    • (a) in the case of land within Nunavut, a decision of the Nunavut Surface Rights Tribunal made in accordance with the Nunavut Waters and Nunavut Surface Rights Tribunal Act;

    • (a.1) in the case of land in the Northwest Territories, an order made by a territorial tribunal that is competent to resolve matters in dispute relating to access to the surface of lands; and

    • (b) in any other case, a decision of an arbitrator made in accordance with the regulations.

  • Marginal note:Exception

    (3) Subsections (1) to (2) do not apply in respect of Inuit-owned land as defined in subsection 2(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act.

  • (4) [Repealed, 1998, c. 5, s. 12]

  • 1992, c. 35, s. 8
  • 1994, c. 43, s. 90
  • 1998, c. 5, s. 12
  • 2002, c. 10, s. 190
  • 2014, c. 2, s. 22
  • 2015, c. 21, s. 41

Navigable Waters

Marginal note:Construction or operation

 No person shall construct or operate a pipeline that passes in, on, over, under, through or across a navigable water unless an authorization to construct or operate, as the case may be, the pipeline has been issued under paragraph 5(1)(b).

  • 2012, c. 19, s. 119

Marginal note:Effects on navigation

 In addition to any other factor that it considers appropriate, the Commission of the Canadian Energy Regulator shall take into account the effects that its decision might have on navigation, including safety of navigation, when deciding whether to issue an authorization under paragraph 5(1)(b) in respect of a pipeline that passes in, on, over, under, through or across a navigable water.

  • 2012, c. 19, s. 119
  • 2019, c. 28, s. 142

Marginal note:Pipeline not work

 Despite the definition work in section 2 of the Canadian Navigable Waters Act, a pipeline in respect of which an authorization has been or may be issued under paragraph 5(1)(b) is not a work to which that Act applies.

  • 2012, c. 19, s. 119, c. 31, s. 349
  • 2019, c. 28, s. 186

Marginal note:Regulations

  •  (1) The Governor in Council may, for purposes related to navigation, on the joint recommendation of the Minister of Northern Affairs and the Minister of Transport, make regulations respecting sections or parts of pipelines that pass in, on, over, under, through or across any navigable water in any area in respect of which the Minister of Northern Affairs has administrative responsibility for natural resources, including regulations respecting the design, construction, operation and abandonment of those pipelines and the issuance of authorizations under paragraph 5(1)(b) in respect of their construction or operation.

  • Marginal note:Regulations

    (2) The Governor in Council may, for purposes related to navigation, on the joint recommendation of the Minister of Natural Resources and the Minister of Transport, make regulations respecting sections or parts of pipelines that pass in, on, over, under, through or across any navigable waters in any area in respect of which the Minister of Natural Resources has administrative responsibility for natural resources, including regulations respecting the design, construction, operation and abandonment of those pipelines and the issuance of authorizations under paragraph 5(1)(b) in respect of their construction or operation.

  • 2012, c. 19, s. 119
  • 2019, c. 29, s. 374

Marginal note:Existing terms and conditions

 Terms and conditions imposed at any time before the coming into force of this section in relation to an approval given under the Navigation Protection Act in respect of a pipeline, in respect of which an authorization has been issued under paragraph 5(1)(b), apply as if they were requirements determined by the National Energy Board to be requirements to which the authorization is subject.

  • 2012, c. 19, s. 119, c. 31, s. 349

Safety of Works and Activities

Marginal note:Safety

 The Commission of the Canadian Energy Regulator shall, before issuing an authorization for a work or activity referred to in paragraph 5(1)(b), consider the safety of the work or activity by reviewing, in consultation with the Chief Safety Officer, the system as a whole and its components, including its installations, equipment, operating procedures and personnel.

  • 1992, c. 35, s. 8
  • 1994, c. 10, s. 15
  • 2019, c. 28, s. 142

Spill-treating Agent

Marginal note:Net environmental benefit

 The Commission of the Canadian Energy Regulator must not permit the use of a spill-treating agent in an authorization issued under paragraph 5(1)(b) unless that Commission determines, taking into account any prescribed factors and any factors the Regulator considers appropriate, that the use of the spill-treating agent is likely to achieve a net environmental benefit.

  • 2015, c. 4, s. 8
  • 2019, c. 28, s. 142
  • 2019, c. 28, s. 193
 
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