Bill C-46
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R.S., c. O-7; 1992, c. 35, s. 2
CANADA OIL AND GAS OPERATIONS ACT
39. Section 2 of the Canada Oil and Gas Operations Act is amended by adding the following in alphabetical order:
“abandoned pipeline”
« pipeline abandonné »
« pipeline abandonné »
“abandoned pipeline” means a pipeline the operation of which has been abandoned with the leave of the National Energy Board as required by paragraph 4.01(1)(d) and that remains in place;
40. Section 4.01 of the Act is amended by adding the following after subsection (2):
Terms and conditions — abandonment
(2.1) The National Energy Board may, on granting leave to abandon the operation of a pipeline, impose any terms and conditions that it considers proper.
Costs and expenses related to abandonment
(2.2) The National Energy Board may order a holder of an authorization issued under paragraph 5(1)(b) or a holder of that authorization that has obtained the Board’s leave to abandon the operation of its pipeline, or the holder’s successor or assign, to take any measure that the Board considers necessary to ensure that the holder, or its successor or assign, has the ability to pay for the abandonment of its pipelines and any costs and expenses related to its abandoned pipelines.
1992, c. 35, s. 8
41. (1) Subsection 5.01(1) of the Act is replaced by the following:
Right of entry
5.01 (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).
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).
2002, c. 10, s. 190
(2) The portion of subsection 5.01(2) of the Act before paragraph (a) is replaced by the following:
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
2002, c. 10, s. 190
(3) Subsection 5.01(3) of the Act is replaced by the following:
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.
2007, c. 35, s. 149
42. Section 5.37 of the Act is replaced by the following:
Documents
5.37 (1) A holder of the leave required by paragraph 4.01(1)(d) and a holder of an authorization to construct or operate a pipeline issued under paragraph 5(1)(b), or the successor or assign of either holder, shall keep, in a form and manner determined by the National Energy Board, any documents, including any records or books of account, that the Board requires and that contain information that is determined by the Board to be necessary for the administration of this Act and any regulations made under it.
Production and inspection
(2) The holder of that leave and the holder of that authorization, or the successor or assign of either holder, shall produce those documents to the National Energy Board, or make them available to the Board or its designated representative, for inspection or copying at a time and under conditions set by the Board.
43. The Act is amended by adding the following after section 15:
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.
44. Section 54 of the Act is renumbered as subsection 54(1) and is amended by adding the following:
Compliance audit
(2) For greater certainty, the powers set out in subsection (1) include the power to conduct a compliance audit.
1992, c. 35, s. 29
45. Section 56 of the English version of the Act is replaced by the following:
Assistance to officers
56. The owner, the person in charge of any place referred to in subsection 54(1) and every person found in the place shall give a safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, as the case may be, all reasonable assistance to enable the officer to carry out duties and functions under this Act or the regulations.
1992, c. 35, s. 29
46. (1) Subsection 58(1) of the Act is replaced by the following:
Power of officers
58. (1) A safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may order that an op-eration or activity in any area to which this Act applies cease or be continued only in accordance with the terms of the order if the officer, on reasonable grounds, is of the opinion that its continuation could result in harm to a person, damage to the environment or property or a breach of security, or is not in compliance with this Act or the regulations, and
(a) the operation is in relation to the exploration or drilling for or the production, conservation, processing or transportation of oil or gas; or
(b) the activity is prohibited by an order or regulation made under section 15.1.
1992, c. 35, s. 29; 1994, c. 10, s. 12(1)
(2) Subsections 58(2) and (3) of the English version of the Act are replaced by the following:
Notice
(2) The 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.
Expiry of order
(3) An order made by a safety officer or a conservation officer under subsection (1) expires 72 hours after it is made unless it is confirmed before that time by order of the Chief Safety Officer or the Chief Conservation Officer, as the case may be.
1992, c. 35, s. 29
(3) Subsection 58(4) of the Act is replaced by the following:
Modification or revocation
(4) A safety officer or a conservation officer who makes an order under subsection (1) shall immediately so advise the Chief Safety Officer or the Chief Conservation Officer, as the case may be, and that Chief Officer may modify or revoke the order.
1994, c. 10, s. 12(2)
(4) Subsection 58(5) of the English version of the Act is replaced by the following:
Referral for review by National Energy Board
(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 or the Chief Conservation Officer, as the case may be, 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, that Chief Officer shall refer the order accordingly.
COMING INTO FORCE
Order or 12 months after royal assent
47. The provisions of this Act come into force 12 months after the day on which this Act receives royal assent or on any earlier day or days to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons
Explanatory Notes
Canada Oil and Gas Operations Act
Clause 39: New.
Clause 40: New.
Clause 41: (1) Existing text of subsection 5.01(1):
5.01 (1) Subject to subsection (2), any person may, for the purpose of exploring for or exploiting oil or gas, 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).
(2) Relevant portion of subsection 5.01(2):
(2) Where a person occupies land in an area to which this Act applies under a lawful right or title, other than an authorization under paragraph 5(1)(b) or an interest as defined in section 2 of the Canada Petroleum Resources Act, no person may enter on or use the surface of that land for a purpose mentioned in subsection (1) without the consent of the occupier or, where consent has been refused, except in accordance with the terms and conditions of
(3) Existing text of subsection 5.01(3):
(3) Subsections (1) and (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.
Clause 42: Existing text of section 5.37:
5.37 (1) A holder of an authorization to construct or operate a pipeline issued under paragraph 5(1)(b) shall keep, in a form and manner determined by the National Energy Board, any documents, including any records or books of account, that the Board requires and that contain information that is determined by the Board to be necessary for the administration of this Act and any regulations made under it.
(2) The holder shall produce those documents to the National Energy Board, or make them available to the Board or its designated representative, for inspection or copying at a time and under conditions set by the Board.
Clause 43: New.
Clause 44: New.
Clause 45: Existing text of section 56:
56. The owner, the person in charge of any place referred to in section 54 and every person found therein shall give a safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, as the case may be, all reasonable assistance to enable the officer to carry out duties and functions under this Act or the regulations.
Clause 46: (1) to (4) Existing text of subsections 58(1) to (5):
58. (1) Where a safety officer or the Chief Safety Officer, on reasonable grounds, is of the opinion that continuation of an operation in relation to the exploration or drilling for or the production, conservation, processing or transportation of oil or gas in any area to which this Act applies is likely to result in serious bodily injury, the safety officer or Chief Safety Officer, as the case may be, may order that the operation cease or be continued only in accordance with the terms of the order.
(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.
(3) An order made by a safety officer under subsection (1) expires seventy-two hours after it is made unless it is confirmed before that time by order of the Chief Safety Officer.
(4) A safety officer who makes an order under subsection (1) shall immediately so advise the Chief Safety Officer, and the Chief Safety Officer may modify or revoke the order.
(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.