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42-43 ELIZABETH II |
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CHAPTER 10 |
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An Act to amend the Canada Oil and Gas
Operations Act, the Canada Petroleum
Resources Act and the National Energy
Board Act and to make consequential
amendments to other Acts
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[Assented to 12th May, 1994]
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| R.S., c. O-7;
R.S., c. 27 (1st
Supp.), c. 36
(2nd Supp.),
c. 6 (3rd
Supp.); 1989,
c. 3; 1991, c.
50; 1992, c.
35; 1993, c.
28
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CANADA OIL AND GAS OPERATIONS ACT |
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| 1992, c. 35,
s. 5
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1. Sections 3.1 and 3.2 of the Canada Oil
and Gas Operations Act are replaced by the
following:
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| Designation
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3.1 The National Energy Board may, for the
purposes of this Act, designate a member,
officer or employee of the Board to be the
Chief Safety Officer and the same or another
member, officer or employee of the Board to
be the Chief Conservation Officer.
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STATUTORY INSTRUMENTS ACT |
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| Orders
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3.2 For greater certainty, an order made by
a safety officer, the Chief Safety Officer, a
conservation officer, the Chief Conservation
Officer, the Committee or the National Energy
Board is not a statutory instrument as defined
in the Statutory Instruments Act.
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*ep
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| 1992, c. 35,
s. 7
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2. Section 4.1 of the Act is replaced by the
following:
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| Delegation
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4.1 The National Energy Board may
delegate any of its powers under section 5,
5.02, 5.03, 5.11, 5.12 or 27 to any person, and
the person shall exercise those powers in
accordance with the terms of the delegation.
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3. Section 5 of the Act is amended by
adding the following after subsection (5):
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| Variation
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(6) The terms of an operating licence or
authorization may be varied under
section 28.3 of the National Energy Board
Act.
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| R.S., c. 36
(2nd Supp.),
s. 121
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4. (1) Paragraph 5.1(1)(b) of the English
version of the Act is replaced by the
following:
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| 1992, c. 35,
ss. 9(2)
and (3)
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(2) Subsections 5.1(4) to (6) of the Act are
replaced by the following:
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| Approval of
development
plan
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(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.
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| Approval of
amendment to
plan
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(5) Where a development plan has been
approved pursuant to subsection (4),
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| Application of
certain
provisions
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(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.
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| R.S., c. 36
(2nd Supp.),
s. 121
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5. Section 5.3 of the Act is replaced by the
following:
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| Board
guidelines and
interpretation
notes
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5.3 (1) The National Energy Board may
issue and publish, in any manner the Board
considers appropriate, guidelines and
interpretation notes with respect to the
application and administration of section 5 or
5.1 or any regulations made under section 14.
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| Ministerial
guidelines and
interpretation
notes
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(2) The Minister may issue and publish, in
any manner the Minister considers
appropriate, guidelines and interpretation
notes with respect to the application and
administration of section 5.2.
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| Not statutory
instruments
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(3) For greater certainty, guidelines and
interpretation notes issued pursuant to
subsections (1) and (2) are not statutory
instruments as defined in the Statutory
Instruments Act.
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| 1992, c. 35,
s. 12
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6. Subsection 5.4(1) of the Act is replaced
by the following:
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| Council
established
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5.4 (1) There is established a council, to be
known as the Oil and Gas Administration
Advisory Council, consisting of the following
six members, namely, the Chairman of the
Canada - Nova Scotia Offshore Petroleum
Board, the Chairman of the
Canada - Newfoundland Offshore
Petroleum Board, the Chairman of the
National Energy Board, a person designated
jointly by the federal Ministers, a person
designated by one of the Provincial Ministers
and a person designated by the other
Provincial Minister.
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| 1992, c. 35,
s. 14
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7. The portion of paragraph 14(1)(c) of
the Act before subparagraph (i) is replaced
by the following:
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*ep
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| 1992, c. 35,
ss. 19
and 20(F)
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8. Sections 21 to 23 of the Act are replaced
by the following:
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| Appeal to the
National
Energy Board
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21. A person aggrieved by an order of the
Chief Conservation Officer under section 17
or 19 after an investigation under
subsection 19(2) or (3) may appeal to the
National Energy Board to have the order
reviewed under section 28.4 of the National
Energy Board Act.
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| Application
for show
cause order in
respect of
waste
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22. When the Chief Conservation Officer,
on reasonable grounds, is of the opinion that
waste, as defined in paragraph 18(2)(f) or (g),
is occurring in the recovery of oil or gas from
a pool, that Officer may apply to the National
Energy Board for an order under section 28.5
of the National Energy Board Act requiring
the operators within the pool to show cause
why the Board should not make a direction in
respect of the waste.
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9. Subsections 25(8) and (9) of the Act are
replaced by the following:
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| Appeal
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(8) A person aggrieved by any action or
measure taken or authorized or directed to be
taken under subsections (4) to (6) may appeal
to the National Energy Board to have the order
reviewed under section 28.4 of the National
Energy Board Act.
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| Personal
liability
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(9) No person required, directed or
authorized to act under this section or section
28.4 of the National Energy Board Act is
personally liable, either civilly or criminally,
in respect of any act or omission in the course
of complying with this section unless it is
shown that the person did not act reasonably
in the circumstances.
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| 1992, c. 35,
s. 25
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10. (1) Subsection 27(1) of the Act is
replaced by the following:
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| Financial
responsibility
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27. (1) An applicant for an authorization
under paragraph 5(1)(b) in respect of any work
or activity in any area in which this Act applies
shall provide proof of financial responsibility
in the form of a letter of credit, a guarantee or
indemnity bond or in any other form
satisfactory to the National Energy Board, in
an amount satisfactory to the Board.
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(2) Subsections 27(2) and (3) of the Act
are replaced by the following:
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| Payment of
claims
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(2) The National Energy Board may require
that moneys in an amount not exceeding the
amount prescribed for any case or class of
cases, or determined by the Board in the
absence of regulations, be paid out of the
funds available under the letter of credit,
guarantee or indemnity bond or other form of
financial responsibility provided under
subsection (1), in respect of any claim for
which proceedings may be instituted under
section 26, whether or not those proceedings
have been instituted.
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| Manner of
payment
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(3) Where payment is required under
subsection (2), it shall be made in such
manner, subject to such conditions and
procedures and to or for the benefit of such
persons or classes of persons as may be
prescribed for any case or class of cases, or as
may be required by the National Energy Board
in the absence of regulations.
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| 1992, c. 35,
s. 29
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11. Section 53 of the Act is replaced by the
following:
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| Officers
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53. The safety officers and conservation
officers necessary for the administration and
enforcement of this Act and the regulations
shall be designated by the National Energy
Board from among its officers and employees.
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| 1992, c. 35,
s. 29
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12. (1) Subsection 58(2) of the Act is
replaced by the following:
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| Notice
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(2) The safety officer or Chief Safety
Officer who makes an order under
subsection (1) shall affix at or near the scene
of the operation a notice of the order in a form
approved by the National Energy Board.
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| 1992, c. 35,
s. 29
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(2) Subsections 58(5) to (9) of the Act are
replaced by the following:
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| Referral for
review by
National
Energy Board
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(5) A person carrying out an operation to
which an order under subsection (1) makes
reference, or any person having a pecuniary
interest in that operation, may, by notice in
writing, request the Chief Safety Officer to
refer the order to the National Energy Board to
review the need for the order under
section 28.6 of the National Energy Board
Act and, on receiving the notice, the Chief
Safety Officer shall refer the order
accordingly.
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| Operations in
respect of
which order
made
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(6) No person shall continue an operation in
respect of which an order has been made
pursuant to this section, except in accordance
with the terms of the order or until the order
has been set aside by the National Energy
Board pursuant to section 28.6 of the National
Energy Board Act.
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| 1992, c. 35,
s. 30
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13. Paragraph 60(1)(d) of the Act is
replaced by the following:
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14. Section 63 of the Act is replaced by the
following:
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| Presumption
against waste
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63. No person commits an offence under
subsection 18(1) by reason of committing
waste as defined in paragraph 18(2)(f) or (g)
unless the person has been ordered by the
National Energy Board under section 28.5 of
the National Energy Board Act to take
measures to prevent the waste and has failed
to comply.
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15. The Act is amended by replacing the
word ``Minister'' with the words ``National
Energy Board'' in the following provisions:
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| R.S., c. 36
(2nd Supp.);
R.S., c. 21
(4th Supp.);
1990, cc. 8,
41; 1991, cc.
10, 24, 46;
1992, cc. 1,
35; 1993, cc.
28, 34, 47
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CANADA PETROLEUM RESOURCES ACT |
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16. (1) Subsections 28(1) and (2) of the
Canada Petroleum Resources Act are
replaced by the following:
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| Application
for
declaration of
significant
discovery
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28. (1) Where a significant discovery has
been made on any frontier lands that are
subject to an interest or a share therein held in
accordance with section 23, the National
Energy Board shall, on the application of the
interest holder of the interest or the share made
in the form and manner and containing such
information as may be prescribed, make a
written declaration of significant discovery in
relation to those frontier lands in respect of
which there are reasonable grounds to believe
that the significant discovery may extend.
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| Declaration
on initiative
of National
Energy Board
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(2) Where a significant discovery has been
made on any frontier lands, the National
Energy Board may, by order, make a
declaration of significant discovery in relation
to those frontier lands in respect of which there
are reasonable grounds to believe the
significant discovery may extend.
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(2) Subsection 28(4) of the Act is replaced
by the following:
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| Amendment
or revocation
of declaration
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(4) Subject to subsection (5), where a
declaration of significant discovery is made
pursuant to subsection (1) or (2) and, based on
the results of further drilling, there are
reasonable grounds to believe that a discovery
is not a significant discovery or that the
frontier lands to which the significant
discovery extends differ from the significant
discovery area, the National Energy Board
may, as appropriate in the circumstances,
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(3) Section 28 of the Act is amended by
adding the following after subsection (6):
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| Procedures
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(7) The procedures described in
section 28.2 of the National Energy Board
Act apply to the making, amendment and
revocation of a declaration under this section.
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| Delegation
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(8) The National Energy Board may
delegate any of its powers under this section to
a member, officer or employee of the Board,
who shall exercise the powers in accordance
with the terms of the delegation.
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17. (1) Subsections 35(1) and (2) of the Act
are replaced by the following:
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| Application
for
declaration of
commercial
discovery
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35. (1) Where a commercial discovery has
been made on any frontier lands that are
subject to an interest or a share therein held in
accordance with section 23, the National
Energy Board shall, on the application of the
interest holder of the interest or the share,
made in the form and manner and containing
such information as may be prescribed, make
a written declaration of commercial discovery
in relation to those frontier lands in respect of
which there are reasonable grounds to believe
that the commercial discovery may extend.
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| Declaration
on initiative
of National
Energy Board
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(2) Where a commercial discovery has been
made on any frontier lands, the National
Energy Board may, by order, make a
declaration of commercial discovery in
relation to those frontier lands in respect of
which there are reasonable grounds to believe
that the commercial discovery may extend.
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(2) Section 35 of the Act is amended by
adding the following after subsection (3):
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| Procedures
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(4) The procedures described in
section 28.2 of the National Energy Board
Act apply to the making, amendment or
revocation of a declaration under this section.
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| Delegation
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(5) The National Energy Board may
delegate any of its powers under this section to
a member, officer or employee of the Board,
who shall exercise the powers in accordance
with the terms of the delegation.
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| 1992, c. 35,
s. 38(2)
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18. Subsections 101(2) and (3) of the Act
are replaced by the following:
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| Privileged
information or
documenta- tion
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(2) Subject to this section, information or
documentation is privileged if it is provided
for the purposes of this Act or the Canada Oil
and Gas Operations Act or any regulation
made under either Act, or for the purposes of
Part II.1 of the National Energy Board Act,
whether or not the information or
documentation is required to be provided.
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| Disclosure
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(2.1) Subject to this section, information or
documentation that is privileged under
subsection (2) shall not knowingly be
disclosed without the consent in writing of the
person who provided it, except for the
purposes of the administration or enforcement
of this Act, the Canada Oil and Gas
Operations Act or Part II.1 of the National
Energy Board Act or for the purposes of legal
proceedings relating to its administration or
enforcement.
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| Production
and evidence
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(3) No person shall be required to produce
or give evidence relating to any information or
documentation that is privileged under
subsection (2) in connection with any legal
proceedings, other than proceedings relating
to the administration or enforcement of this
Act, the Oil and Gas Production and
Conservation Act or Part II.1 of the National
Energy Board Act.
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