Oil and Gas Committee
Marginal note:Oil and Gas Committee
6 (1) The Governor in Council may establish a committee to be known as the Oil and Gas Committee, which shall consist of five members, not more than three of whom shall be employees in the federal public administration.
Marginal note:Ministerial direction
(2) The Committee shall be under the direction of
(a) the Minister of Northern Affairs in relation to any area in respect of which that Minister has administrative responsibility for the natural resources therein; and
(b) the Minister of Natural Resources in relation to any area in respect of which that Minister has administrative responsibility for the natural resources therein.
Marginal note:Appointment of members and chairman
(3) The members of the Committee shall be appointed by the Governor in Council to hold office for a term of three years, and one member shall be designated as chairman for such term as may be fixed by the Governor in Council.
Marginal note:Re-appointment permitted
(4) A retiring chairman or retiring member may be re-appointed to the Committee in the same or another capacity.
- R.S., 1985, c. O-7, s. 6
- 1994, c. 41, s. 37
- 2003, c. 22, s. 224(E)
- 2019, c. 29, s. 374
Marginal note:Qualification of members
Marginal note:Departmental personnel and assistance
(2) Persons employed in any division, branch or bureau of the Department of Indigenous Services, or the Department of Natural Resources, that is designated by order of the Minister concerned as the division, branch or bureau charged with the day-to-day administration and management of oil and gas resources for the Department, are not eligible to be members of the Committee, but the Ministers concerned may each designate one officer from any such division, branch or bureau who shall act as secretaries to the Committee.
(3) The Minister of Northern Affairs and the Minister of Natural Resources shall provide the Committee with such officers, clerks and employees as may be necessary for the proper conduct of the affairs of the Committee, and may provide the Committee with such professional or technical assistance for temporary periods or for specific work as the Committee may request, but no such assistance shall be provided otherwise than from the federal public administration except with the approval of the Treasury Board.
(4) The members of the Committee who are not employees in the federal public administration shall be paid such remuneration as may be authorized by the Governor in Council.
(5) The members of the Committee are entitled to be paid reasonable travel and living expenses while absent from their ordinary place of residence in the course of their duties.
Marginal note:Interest in oil and gas properties
8 No member of the Committee shall have a pecuniary interest of any description, directly or indirectly, in any property in oil or gas to which this Act applies or own shares in any company engaged in any phase of the oil or gas industry in Canada in an amount in excess of five per cent of the issued shares thereof, and no member who owns any shares of any company engaged in any phase of the oil or gas industry in Canada shall vote when a question affecting such a company is before the Committee.
- R.S., c. O-4, s. 6
Marginal note:Powers of Committee
(2) The Committee may make general rules regulating its practice and procedure and the places and times of its sittings.
- R.S., 1985, c. O-7, s. 9
- 2003, c. 22, s. 127(E)
Jurisdiction and Powers
10 (1) Where, under this Act, the Committee is charged with a duty to hold an inquiry or to hear an appeal, the Committee has full jurisdiction to inquire into, hear and determine the matter of the inquiry or appeal and to make any order or give any direction that pursuant to this Act the Committee is authorized to make or give or with respect to any matter, act or thing that by this Act may be prohibited or approved by the Committee or required by the Committee to be done.
Marginal note:Powers of Committee
(2) For the purpose of any inquiry, hearing or appeal or the making of any order pursuant to this Act, the Committee has, regarding the attendance, swearing and examination of witnesses, the production and inspection of documents, the entry on and inspection of property, the enforcement of its orders and regarding other matters necessary or proper for the due exercise of its jurisdiction pursuant to this Act, all such powers, rights and privileges as are vested in a superior court of record.
Marginal note:Finding of fact conclusive
(3) The finding or determination of the Committee on any question of fact within its jurisdiction is binding and conclusive.
- R.S., c. O-4, s. 8
Marginal note:Deputing member to hold inquiry
11 (1) The Committee may authorize and depute any member thereof to inquire into such matter before the Committee as may be directed by the Committee and to report the evidence and findings, if any, thereon to the Committee, and when the report is made to the Committee, it may be adopted as a finding of the Committee or otherwise dealt with as the Committee considers advisable.
Marginal note:Powers of deputed member
(2) Where an inquiry is held by a member under subsection (1), the member has all the powers of the Committee for the purpose of taking evidence or acquiring information for the purposes of the report to the Committee.
- R.S., c. O-4, s. 9
Marginal note:Advisory functions
12 The Minister may at any time refer to the Committee for a report or recommendation any question, matter or thing arising under this Act or relating to the conservation, production, storage, processing or transportation of oil or gas.
- R.S., c. O-4, s. 10
Marginal note:Enforcement of Committee orders
Marginal note:Procedure for enforcement
(2) To make an order of the Committee an order of the Federal Court, the usual practice and procedure of that Court in such matters may be followed or in lieu thereof the secretary or another officer of the Committee may file in the Registry of the Federal Court a certified copy of the order and thereupon the order becomes an order of the Federal Court.
Marginal note:When order rescinded or replaced
(3) When an order of the Committee has been made an order of the Federal Court, any order of the Committee, or of the Governor in Council under section 51, rescinding or replacing the first mentioned order of the Committee, shall be deemed to cancel the order of the Court and may in like manner be made an order of the Court.
- R.S., c. O-4, s. 11
- R.S., c. 10(2nd Supp.), ss. 64, 65
PART 0.1Traffic, Tolls and Tariffs
13.01 The following definitions apply in this Part.
holder means a holder of an authorization to construct or operate a pipeline issued under paragraph 5(1)(b). (titulaire)
tariff means a schedule of tolls, terms and conditions, classifications, practices or rules and regulations applicable to the provision of a service by a holder and includes rules respecting the calculation of tolls. (tarif)
toll includes any rate, charge or allowance charged or made
(a) for the shipment, transportation, transmission, care, handling or delivery of oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas that is transmitted through a pipeline, or for storage or demurrage or the like;
(b) for the provision of a pipeline when the pipeline is available and ready to provide for the transmission of oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas; and
(c) in respect of the purchase and sale of gas that is the property of a holder and that is transmitted by the holder through its pipeline, from which is subtracted the cost to the holder of the gas at the point where it enters the pipeline. (droit)
- 2007, c. 35, s. 150
- Date modified: