Canada Oil and Gas Operations Act

Marginal note:Approval of general approach of development

• 5.1 (1) No approval that is

  • (a) applicable to an authorization under paragraph 5(1)(b) to carry on work or activity in relation to developing a pool or field, and

  • (b) prescribed for the purposes of this subsection

   shall be granted unless the National Energy Board, on application submitted in accordance with subsection (2), has approved a development plan relating to the pool or field pursuant to subsection (4).

• Marginal note:Application and submission of development plan

  (2) For the purposes of subsection (1), an application for the approval of a development plan shall be submitted to the National Energy Board in the form and containing the information fixed by the National Energy Board, at such time and in such manner as may be prescribed, together with the proposed development plan in the form and containing the information described in subsection (3).

• Marginal note:Development plan in two parts

  (3) A development plan relating to the proposed development of a pool or field submitted pursuant to this section shall be set out in two parts, containing

  • (a) in Part I, a description of the general approach of developing the pool or field, and in particular, information, in such detail as may be prescribed, with respect to

    • (i) the scope, purpose, location, timing and nature of the proposed development,

    • (ii) the production rate, evaluations of the pool or field, estimated amounts of oil or gas proposed to be recovered, reserves, recovery methods, production monitoring procedures, costs and environmental factors in connection with the proposed development, and

    • (iii) the production system and any alternative production systems that could be used for the development of the pool or field; and

  • (b) in Part II, all technical or other information and proposals, as may be prescribed, necessary for a comprehensive review and evaluation of the proposed development.

• Marginal note:Approval of development plan

  (4) After reviewing an application and development plan submitted pursuant to this section, the National Energy Board may approve the development plan, subject to the consent of the Governor in Council in relation to Part I of the development plan and any requirements that the Board considers appropriate or that may be prescribed.

• Marginal note:Approval of amendment to plan

  (5) Where a development plan has been approved pursuant to subsection (4),

  • (a) no amendment of the development plan shall be made unless it is approved by the National Energy Board and, in the case of an amendment to Part I of the development plan, the Governor in Council consents to the approval; and

  • (b) any requirement that the approval is subject to may be amended by the National Energy Board but, if the requirement relates to Part I of the development plan, it may only be amended with the consent of the Governor in Council.

• Marginal note:Application of certain provisions

  (6) Subsections (1) to (5) apply, with such modifications as the circumstances require, with respect to a proposed amendment to a development plan or to any requirement that the approval of the plan is subject to.

• Marginal note:Straddling resources — approval

  (6.1) Despite subsection (4), the National Energy Board may approve a development plan in relation to developing a straddling resource, subject to

  • (a) the consent of the Governor in Council and the Executive Council of the Northwest Territories in relation to Part I of the plan; and

  • (b) any requirements that the Board considers appropriate or that may be prescribed.

• Marginal note:No consent

  (6.2) If the Governor in Council and the Executive Council of the Northwest Territories do not consent in relation to Part I of the plan, the Minister or the Government of the Northwest Territories may notify the other of their intention to refer the matter to an independent expert for a decision in accordance with section 48.095.

• Marginal note:Expert’s decision

  (6.3) The expert’s decision in relation to the development plan is deemed to be a development plan that is approved by the National Energy Board and in relation to Part I of the plan is deemed to be one that is consented to by the Governor in Council and the Executive Council of the Northwest Territories.

• Marginal note:Amendment

  (6.4) If a development plan is approved under subsection (6.1) or deemed to be approved under subsection (6.3), no amendment is to be made to the plan unless it is approved by the National Energy Board and, in the case of an amendment to Part I of the plan, consented to by the Governor in Council and the Executive Council of the Northwest Territories.

• Marginal note:Amendment — application of subsections (6.1) to (6.4)

  (6.5) Subsections (6.1) to (6.4) apply, with any modifications that the circumstances require, in respect of a proposed amendment to a development plan.

• Marginal note:Transboundary pool or field

  (7) The definitions in sections 29 and 48.15 apply in subsections (8) to (12).

• Marginal note:Approval subject to agreement and consent

  (8) Despite subsection (4), a development plan submitted for approval in respect of a work or activity in a transboundary pool or field that is the subject of a joint exploitation agreement is not to be approved by the National Energy Board unless the appropriate regulator has agreed to its content. That approval is subject to the consent of the Governor in Council in relation to Part I of the development plan and any requirements that the Board and regulator have agreed are appropriate or that may be prescribed.

• Marginal note:Disagreement

  (9) In the case of a disagreement about the content of the plan submitted for approval, or any of the requirements for approval referred to in subsection (8), the Minister, on the National Energy Board’s behalf, or the regulator may refer the matter to an expert in accordance with section 48.27.

• Marginal note:Submissions in relation to Part I

  (10) Any submissions to the expert by the Minister on the National Energy Board’s behalf regarding Part I of the development plan are subject to the prior consent of the Governor in Council.

• Marginal note:Expert’s decision

  (11) The expert’s decision is deemed to be approval by the National Energy Board of the plan, and Part I of that plan is deemed to have been consented to by the Governor in Council under subsection (8).

• Marginal note:Application of certain provisions

  (12) Subsections (7) to (11) apply, with any necessary modifications, with respect to a proposed amendment to a development plan to which a work or activity in a transboundary pool or field or to any requirement that the approval of the plan is subject.