PART IRegulation of Operations (continued)
Marginal note:Amendments to Schedule 1 or 2
(2) The order shall be made on the recommendation of the Minister and every minister responsible for the administration of the provision.
- 2015, c. 4, s. 15
Marginal note:List of spill-treating agents
14.2 The Minister of the Environment may, by regulation, establish a list of spill-treating agents.
- 2015, c. 4, s. 15
Marginal note:Publication of proposed regulations
15 (1) Subject to subsection (2), 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
(2) No proposed regulation need be published more than once under subsection (1) whether or not it is altered or amended after that publication as a result of representations made by interested persons as provided in that subsection.
- 1980-81-82-83, c. 81, s. 78
Marginal note:Orders and regulations — National Energy Board
15.1 The National Energy Board may make orders or regulations prohibiting activities within an area specified in the order or regulation around a pipeline, an abandoned pipeline or other work, authorizing exceptions to those prohibitions and specifying measures to be taken in relation to those exceptions.
- 2015, c. 21, s. 43
Marginal note:Equivalent standards and exemptions
(a) authorize the use of equipment, methods, measures or standards in lieu of any required by regulation, where those Officers are satisfied that the use of that other equipment and those other methods, measures or standards would provide a level of safety, protection of the environment and conservation equivalent to that provided by compliance with the regulations; or
(b) grant an exemption from any regulatory requirement in respect of equipment, methods, measures or standards, where those Officers are satisfied with the level of safety, protection of the environment and conservation that will be achieved without compliance with that requirement.
Marginal note:One officer authorizations
(2) The Chief Safety Officer alone may exercise the powers referred to in paragraph (1)(a) or (b) if the regulatory requirement referred to in that paragraph does not relate to protection of the environment or conservation, and the Chief Conservation Officer alone may exercise those powers if that regulatory requirement does not relate to safety.
Marginal note:No contravention
(3) No person contravenes the regulations if that person acts in compliance with an authorization or exemption under subsection (1) or (2).
- R.S., 1985, c. O-7, s. 16
- 1992, c. 35, s. 15
Marginal note:Emergency situations
16.1 (1) In a prescribed emergency situation, where the Minister is of the opinion that there is a conflict between the provisions of this Act or the regulations and the provisions of another federal law, other than provisions implementing an international treaty or convention to which Canada is a party, and that compliance with that law and this Act or the regulations is likely to create a situation that would seriously endanger the safety of persons or equipment, the Minister may issue a written declaration to that effect.
Marginal note:Contents of declaration
(2) A declaration made under subsection (1) must
(a) describe the emergency situation;
(b) specify the provisions that conflict and describe the nature of the conflict;
(c) describe the consultation that has taken place pursuant to subsection (4);
(d) describe the geographical area, person, work or activity affected by the declaration; and
(e) specify the time the declaration comes into effect.
Marginal note:Effect of declaration
(3) From the time specified in a declaration made under subsection (1), the provisions of this Act or the regulations specified therein prevail, in respect of the geographical area, person, work or activity described therein, over the provisions of the other federal law specified therein until such time as the Minister or the Governor in Council revokes the declaration.
(4) Before the Minister makes or revokes a declaration under this section, the minister responsible for the federal law that, in the Minister’s opinion, is in conflict with this Act or the regulations shall be consulted.
Marginal note:Submission for revocation
(5) The minister responsible for a federal law that is specified in a declaration made under subsection (1) may submit the declaration to the Governor in Council for revocation.
Marginal note:Not a statutory instrument
(6) A declaration or a revocation made under this section is not a regulation within the meaning and for the purposes of the Statutory Instruments Act, but shall be published in the Canada Gazette within seven days after it is made.
- 1992, c. 35, s. 15
Marginal note:Production orders
17 (1) Where the Chief Conservation Officer, on reasonable grounds, is of the opinion that, with respect to an interest in any area to which this Act applies, the capability exists to commence, continue or increase production of oil or gas and that a production order would stop waste, the Chief Conservation Officer may order the commencement, continuation or increase of production of oil or gas at such rates and in such quantities as are specified in the order.
Marginal note:Ceasing production
(2) Where the Chief Conservation Officer, on reasonable grounds, is of the opinion that an order under this section would stop waste, the Chief Conservation Officer may order a decrease or the cessation or suspension of production of oil or gas for any period specified in the order.
Marginal note:Investigation and appeal
(3) Subsections 19(2) to (4) and section 21 apply, with such modifications as the circumstances require, to an order under subsection (1) or (2) as if it were an order under subsection 19(1).
Marginal note:Access to files and records
(4) A person subject to an order under subsection (1) or (2) shall, on request, afford the Chief Conservation Officer or a person designated by the Chief Conservation Officer access to his premises, files and records for all reasonable purposes related to the order.
- R.S., 1985, c. O-7, s. 17
- 1992, c. 35, s. 16
Marginal note:Waste prohibited
18 (1) Subject to section 63, any person who commits waste is guilty of an offence under this Act, but a prosecution may be instituted for such an offence only with the consent of the National Energy Board.
Marginal note:Definition of “waste”
(2) In this Act, waste, in addition to its ordinary meaning, means waste as understood in the oil and gas industry and in particular, but without limiting the generality of the foregoing, includes
(a) the inefficient or excessive use or dissipation of reservoir energy;
(b) the locating, spacing or drilling of a well within a field or pool or within part of a field or pool or the operating of any well that, having regard to sound engineering and economic principles, results or tends to result in a reduction in the quantity of oil or gas ultimately recoverable from a pool;
(c) the drilling, equipping, completing, operating or producing of any well in a manner that causes or is likely to cause the unnecessary or excessive loss or destruction of oil or gas after removal from the reservoir;
(d) the inefficient storage of oil or gas above ground or underground;
(e) the production of oil or gas in excess of available storage, transportation or marketing facilities;
(f) the escape or flaring of gas that could be economically recovered and processed or economically injected into an underground reservoir; or
(g) the failure to use suitable artificial, secondary or supplementary recovery methods in a pool when it appears that those methods would result in increasing the quantity of oil or gas, or both, ultimately recoverable under sound engineering and economic principles.
- R.S., 1985, c. O-7, s. 18
- 1994, c. 10, s. 15
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