Canada Petroleum Resources Act

Marginal note:Definitions

• 101 (1) In this section,

  delineation well

  puits de délimitation

  delineation well means a well that is so located in relation to another well penetrating an accumulation of petroleum that there is a reasonable expectation that another portion of that accumulation will be penetrated by the first-mentioned well and that the drilling is necessary in order to determine the commercial value of the accumulation; (puits de délimitation)

  development well

  puits d’exploitation

  development well means a well that is so located in relation to another well penetrating an accumulation of petroleum that it is considered to be a well or part of a well drilled for the purpose of production or observation or for the injection or disposal of fluid into or from the accumulation; (puits d’exploitation)

  engineering research or feasibility study

  recherches ou études techniques

  engineering research or feasibility study includes work undertaken to facilitate the design or to analyse the viability of engineering technology, systems or schemes to be used in the exploration for or the development, production or transportation of petroleum on frontier lands; (recherches ou études techniques)

  environmental study

  études de l’environnement

  environmental study means work pertaining to the measurement or statistical evaluation of the physical, chemical and biological elements of the lands, oceans or coastal zones, including winds, waves, tides, currents, precipitation, ice cover and movement, icebergs, pollution effects, flora and fauna both onshore and offshore, human activity and habitation and any related matters; (études de l’environnement)

  experimental project

  opération expérimentale

  experimental project means work or activity involving the utilization of methods or equipment that are untried or unproven; (opération expérimentale)

  exploratory well

  puits d’exploration

  exploratory well means a well drilled on a geological feature on which a significant discovery has not been made; (puits d’exploration)

  geological work

  travaux de géologie

  geological work means work, in the field or laboratory, involving the collection, examination, processing or other analysis of lithological, paleontological or geochemical materials recovered from the surface or subsurface or the seabed or its subsoil of any frontier lands and includes the analysis and interpretation of mechanical well logs; (travaux de géologie)

  geophysical work

  travaux de géophysique

  geophysical work means work involving the indirect measurement of the physical properties of rocks in order to determine the depth, thickness, structural configuration or history of deposition thereof and includes the processing, analysis and interpretation of material or data obtained from such work; (travaux de géophysique)

  geotechnical work

  travaux de géotechnique

  geotechnical work means work, in the field or laboratory, undertaken to determine the physical properties of materials recovered from the surface or subsurface or the seabed or its subsoil of any frontier lands; (travaux de géotechnique)

  well site seabed survey

  levé marin

  well site seabed survey means a survey pertaining to the nature of the surface or subsurface or the seabed or its subsoil of any frontier lands in the area of the proposed drilling site in respect of a well and to the conditions of those lands that may affect the safety or efficiency of drilling operations; (levé marin)

  well termination date

  date d’abandon du forage

  well termination date means the date on which a well or test hole has been abandoned, completed or suspended in accordance with any applicable regulations respecting the drilling for petroleum made under the Canada Oil and Gas Operations Act. (date d’abandon du forage)

• Marginal note:Privileged information or documentation

  (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, other than Part 0.1 of that 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.

• Marginal note:Disclosure

  (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.

• Marginal note:Production and evidence

  (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.

• Marginal note:Registration of documents

  (4) For greater certainty, this section does not apply to a document that has been registered under Part VIII.

• Marginal note:Disclosure pursuant to resource management and revenue sharing agreements

  (5) Information or documentation that is privileged under subsection (2) may be disclosed to any government of a province or to any organization representing any aboriginal people of Canada, where such disclosure is made pursuant to an agreement between the Government of Canada and the government of that province or that organization respecting resource management and revenue sharing in relation to activities respecting the exploration for or the production of petroleum carried out on any frontier lands.

• Marginal note:Idem

  (6) The recipient of information or documentation disclosed pursuant to an agreement referred to in subsection (5) shall not disclose that information or documentation except as otherwise provided in this section.

• Marginal note:Information that may be disclosed

  (7) Subsection (2) does not apply in respect of the following classes of information or documentation obtained as a result of carrying on a work or activity that is authorized under the Canada Oil and Gas Operations Act, namely, information or documentation in respect of

  • (a) an exploratory well, where the information or documentation is obtained as a direct result of drilling the well and if two years have passed since the well termination date of that well;

  • (b) a delineation well, where the information or documentation is obtained as a direct result of drilling the well and if the later of

    • (i) two years since the well termination date of the relevant exploratory well, and

    • (ii) ninety days since the well termination date of the delineation well,

    have passed;

  • (c) a development well, where the information or documentation is obtained as a direct result of drilling the well and if the later of

    • (i) two years since the well termination date of the relevant exploratory well, and

    • (ii) sixty days since the well termination date of the development well,

    have passed;

  • (d) geological work or geophysical work performed on or in relation to any frontier lands,

    • (i) in the case of a well site seabed survey where the well has been drilled, after the expiration of the period referred to in paragraph (a) or the later period referred to in subparagraph (b)(i) or (ii) or (c)(i) or (ii), according to whether paragraph (a), (b) or (c) is applicable in respect of that well, or

    • (ii) in any other case, after the expiration of five years following the date of completion of the work;

  • (e) any engineering research or feasibility study or experimental project, including geotechnical work, carried out on or in relation to any frontier lands,

    • (i) where it relates to a well and the well has been drilled, after the expiration of the period referred to in paragraph (a) or the later period referred to in subparagraph (b)(i) or (ii) or (c)(i) or (ii), according to whether paragraph (a), (b) or (c) is applicable in respect of that well, or

    • (ii) in any other case, after the expiration of five years following the date of completion of the research, study or project or after the reversion of the lands to Crown reserve lands, whichever occurs first;

  • (f) any contingency plan formulated in respect of emergencies arising as a result of any work or activity authorized under the Canada Oil and Gas Operations Act;

  • (g) diving work, weather observations or the status of operational activities or of the development of or production from a pool or field;

  • (g.1) accidents, incidents or petroleum spills, to the extent necessary to permit a person or body to produce and to distribute or publish a report for the administration of this Act, or of the Canada Oil and Gas Operations Act, in respect of the accident, incident or spill;

  • (h) any study funded from an account established under subsection 76(1), if the study has been completed; and

  • (i) an environmental study, other than a study referred to in paragraph (h),

    • (i) where it relates to a well and the well has been drilled, after the expiration of the period referred to in paragraph (a) or the later period referred to in subparagraph (b)(i) or (ii) or (c)(i) or (ii), according to whether paragraph (a), (b) or (c) is applicable in respect of that well, or

    • (ii) in any other case, if five years have passed since the completion of the study.

• (8) [Repealed, R.S., 1985, c. 21 (4th Supp.), s. 4]