Canada Petroleum Resources Act (R.S.C., 1985, c. 36 (2nd Supp.))

Marginal note:Notice — subsection 101(10)

• 101.1 (1) If the Commission of the Canadian Energy Regulator or the person designated under section 4.1 of the Canada Oil and Gas Operations Act intends to disclose any information or documentation under subsection 101(10), they shall make every reasonable effort to give the person who provided it written notice of their intention to disclose it.

• Marginal note:Waiver of notice

  (2) Any person to whom a notice is required to be given under subsection (1) may waive the requirement, and if they have consented to the disclosure they are deemed to have waived the requirement.

• Marginal note:Contents of notice

  (3) A notice given under subsection (1) shall include

  • (a) a statement that the Commission of the Canadian Energy Regulator or the person designated under section 4.1 of the Canada Oil and Gas Operations Act intends to disclose information or documentation under subsection 101(10);

  • (b) a description of the information or documentation that was provided by the person to whom the notice is given; and

  • (c) a statement that the person may, within 20 days after the day on which the notice is given, make written representations to the Commission or the person as to why the information or documentation, or a portion of it, should not be disclosed.

• Marginal note:Representations

  (4) If a notice is given to a person under subsection (1), the Commission of the Canadian Energy Regulator or the person designated under section 4.1 of the Canada Oil and Gas Operations Act shall

  • (a) give the person the opportunity to make, within 20 days after the day on which the notice is given, written representations to the the Commission or the person as to why the information or documentation, or a portion of it, should not be disclosed; and

  • (b) after the person has had the opportunity to make representations, but no later than 30 days after the day on which the notice is given, make a decision as to whether or not to disclose the information or documentation and give written notice of the decision to the person.

• Marginal note:Contents of notice of decision to disclose

  (5) A notice given under paragraph (4)(b) of a decision to disclose information or documentation shall include

  • (a) a statement that the person to whom the notice is given may request a review of the decision under subsection (7) within 20 days after the notice is given; and

  • (b) a statement that if no review is requested under subsection (7) within 20 days after the notice is given, the Commission of the Canadian Energy Regulator or the person designated under section 4.1 of the Canada Oil and Gas Operations Act must disclose the information or documentation.

• Marginal note:Disclosure of information or documentation

  (6) If, under paragraph (4)(b), the Commission of the Canadian Energy Regulator or the person designated under section 4.1 of the Canada Oil and Gas Operations Act decides to disclose the information or documentation, the Commission or the person must disclose it on the expiry of 20 days after a notice is given under that paragraph, unless a review of the decision is requested under subsection (7).

• Marginal note:Review

  (7) Any person to whom the Commission of the Canadian Energy Regulator or the person designated under section 4.1 of the Canada Oil and Gas Operations Act is required under paragraph (4)(b) to give a notice of a decision to disclose information or documentation may, within 20 days after day on which the notice is given, apply to the Federal Court for a review of the decision.

• Marginal note:Hearing in summary way

  (8) An application made in accordance with subsection (7) shall be heard and determined in a summary way in accordance with any special rules made in respect of such applications under section 46 of the Federal Courts Act.

• Marginal note:Court to take precautions against disclosing

  (9) In any proceedings before the Federal Court arising from an application made in accordance with subsection (7), the Court shall take every reasonable precaution, including, when appropriate, conducting hearings in camera, to avoid the disclosure by the Court or any person of any information or documentation that, under this Act, is privileged or is not to be disclosed.

Arbitration

102 [Repealed, 1992, c. 35, s. 39]

Marginal note:Operating agreements

• 103 (1) Where a dispute of a prescribed class arises between two or more interest holders of an interest in respect of any operations conducted in carrying out a work or activity on frontier lands authorized under the Canada Oil and Gas Operations Act and an operating agreement or other similar arrangement that extends to that work or activity is not in force or was made prior to March 5, 1982, the matters in dispute may, by order of the Minister, be submitted to arbitration conducted in accordance with the regulations.

• Marginal note:Application

  (2) Subsection (1) applies only in respect of

  • (a) interests in force on March 5, 1982 in relation to any frontier lands; and

  • (b) interests immediately succeeding the interests referred to in paragraph (a) in relation to those lands where those lands were not Crown reserve lands on the expiration of the interests referred to in paragraph (a).

• Marginal note:Arbitration order

  (3) An order of an arbitrator made pursuant to arbitration under subsection (1) is binding on all interest holders specified in the order from the date specified in the order, and the terms and conditions of the order are deemed to be terms and conditions of the interest to which the matters relate.

Marginal note:Regulations

• 104 (1) The Governor in Council may make regulations for carrying out the purposes and provisions of section 103 and, without restricting the generality of the foregoing, may make regulations

  • (a) governing arbitration and the making of arbitration orders;

  • (b) prescribing the classes of disputes that may be submitted to arbitration; and

  • (c) governing appeals from and enforcement of arbitration orders.

• Marginal note:Application of regulations

  (2) Regulations made under subsection (1) may apply generally to all frontier lands or any portion thereof.

Cancellation of Rights

Marginal note:Notice to comply

• 105 (1) Where the Minister has reason to believe that an interest owner or holder is failing or has failed to meet any requirement of or under this Act or the Canada Oil and Gas Operations Act or any regulation made under either Act, the Minister may give notice to that interest owner or holder requiring compliance with the requirement within ninety days after the date of the notice or within such longer period as the Minister considers appropriate.

• Marginal note:Default

  (2) Notwithstanding anything in this Act, where an interest owner or holder fails to comply with a notice under subsection (1) within the period specified in the notice and the Minister considers that the failure to comply warrants cancellation of the interest of the interest owner or holder or any share in the interest held by the holder with respect to a portion only of the frontier lands subject to the interest, the Minister may, by order subject to section 106, cancel that interest or share, and where the interest or share is so cancelled, the frontier lands thereunder become Crown reserve lands.

Hearings and Judicial Review

Marginal note:Definition of Committee

• 106 (1) In this section, Committee means the Oil and Gas Committee established by the Canada Oil and Gas Operations Act.

• Marginal note:Notice

  (2) The Minister shall, not less than thirty days before making any order or decision or taking any action in respect of which it is expressly stated in this Act to be subject to this section, give notice in writing to the persons the Minister considers to be directly affected by the proposed order, decision or action.

• Marginal note:Request for hearing

  (3) Any person receiving a notice under subsection (2) may, in writing, request a hearing within the thirty day period referred to in that subsection and, on receipt of such a request, the Minister shall direct the Committee to appoint a time and place for a hearing and give notice thereof to the person who requested the hearing.

• Marginal note:Hearing

  (4) Any person requesting a hearing under subsection (3) may make representations and introduce witnesses and documents at the hearing.

• Marginal note:Powers of Committee

  (5) For the purposes of a hearing requested under subsection (3), the Committee has, regarding the attendance, swearing and examination of witnesses and the production and inspection of documents, all such powers, rights and privileges as are vested in a superior court of record.

• Marginal note:Recommendations of Committee

  (6) On the conclusion of the hearing, the Committee shall submit to the Minister its recommendations concerning the proposed order, decision or action of the Minister, together with the evidence and other material that was before the Committee.

• Marginal note:Order of Minister

  (7) Before making any order or decision or taking any action in respect of which a hearing has been held, the Minister shall consider the recommendations of the Committee.

• Marginal note:Notification of order and reasons

  (8) Where an order, decision or action referred to in subsection (2) is made or taken, the Minister shall notify the person who requested a hearing in respect of the order, decision or action under subsection (3) and, on request by that person, publish or make available to that person the reasons for the order, decision or action.

• Marginal note:Effective date of order

  (9) An order, decision or action referred to in subsection (2) takes effect as of

  • (a) the day that immediately follows the last day of the thirty day period referred to in that subsection, where no hearing is requested under subsection (3); or

  • (b) the day that the order or decision is made or the action is taken by the Minister, where a hearing is requested under subsection (3).

• Marginal note:Judicial review

  (10) Any order, decision or action in respect of which a hearing is held under this section is subject to judicial review under the Federal Courts Act.

Regulations

Marginal note:Regulations

• 107 (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act and, without restricting the generality of the foregoing, may make regulations

  • (a) not inconsistent with the Canada Lands Surveys Act authorizing or requiring the survey, division and subdivision of frontier lands and defining and describing those divisions and subdivisions;

  • (b) prescribing the information and documentation to be provided by interest owners and interest holders for the purposes of this Act, the time when and manner in which such information and documentation is to be provided, authorizing the Minister to prescribe the form in which it is to be provided and requiring such information and documentation to be provided in accordance with the regulations;

  • (c) requiring fees and deposits to be paid in respect of interests, prescribing the amounts of such fees and deposits, the time and manner of their payment and providing for the administration of such fees and deposits and the disposition and return of deposits;

  • (c.1) respecting the fees or charges, or the method of calculating the fees or charges, to be paid for the provision, by the Commission of the Canadian Energy Regulator, the person designated under section 4.1 of the Canada Oil and Gas Operations Act or the Minister, of a service or a product under this Act;

  • (c.2) respecting the fees or charges, or the method of calculating the fees or charges, to be paid by a holder of an interest or a share in an interest in respect of any of activities under or related to this Act that are carried out by the Commission of the Canadian Energy Regulator, the person designated under section 4.1 of the Canada Oil and Gas Operations Act or the Minister;

  • (c.3) respecting the refund of all or part of any fee or charge referred to in paragraph (c.1) or (c.2), or the method of calculating that refund; and

  • (d) prescribing any other matter or thing that by this Act is to be prescribed or that is to be done by regulations.

• Marginal note:Amounts not to exceed cost

  (1.1) The amounts of the fees or charges referred to in paragraph (1)(c.1) shall not exceed the cost of providing the services or products.

• Marginal note:Amounts not to exceed cost

  (1.2) The amounts of the fees or charges referred to in paragraph (1)(c.2) shall not exceed the cost of performing the activities under or related to this Act.

• Marginal note:Publication of proposed regulations

  (2) Subject to subsection (3), 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

  (3) No proposed regulation need be published more than once under subsection (2) whether or not it is altered or amended after such publication as a result of representations made by interested persons as provided in that subsection.