Canada Oil and Gas Operations Act

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Sections973

• 1Short title

  This Act may be cited as the Canada Oil and Gas Operations Act.

• 2Definitions

  In this Act,

• 2[p2]

  abandoned pipeline means a pipeline the operation of which has been abandoned with the leave of the Commission of the Canadian Energy Regulator as required by paragraph 4.01(1)(d) and that remains in place; (pipeline abandonné)

• 2[p3]

  Accord Acts means

• 2[p3](a)

  the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act, and

• 2[p3](b)

  the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act; (lois de mise en oeuvre)

• 2[p6]

  Agreement means the Agreement for Coordination and Cooperation in the Management and Administration of Petroleum Resources in the Inuvialuit Settlement Region that was made on June 25, 2013, as amended from time to time; (accord)

• 2[p7]

  Chief Conservation Officer means the person designated as the Chief Conservation Officer under section 3.1; (délégué à l’exploitation)

• 2[p8]

  Chief Safety Officer means the person designated as the Chief Safety Officer under section 3.1; (délégué à la sécurité)

• 2[p9]

  Committee means the Oil and Gas Committee established by section 6; (Comité)

• 2[p10]

  federal Ministers means the Minister of Natural Resources and the Minister of Northern Affairs; (ministres fédéraux)

• 2[p11]

  field

• 2[p11](a)

  means a general surface area underlain or appearing to be underlain by one or more pools, and

• 2[p11](b)

  includes the subsurface regions vertically beneath the general surface area referred to in paragraph (a); (champ)

• 2[p14]

  former regulations means the Canada Oil and Gas Land Regulations made pursuant to the Public Lands Grants Act and the Territorial Lands Act and includes orders made pursuant to those Regulations; (anciens règlements)

• 2[p15]

  gas means natural gas and includes all substances, other than oil, that are produced in association with natural gas; (gaz)

• 2[p16]

  Inuvialuit Settlement Region has the same meaning as in section 2 of the Agreement — as defined in section 2 of the Western Arctic (Inuvialuit) Claims Settlement Act — excluding any area in Yukon or in the adjoining area as defined in section 2 of the Yukon Act; (région désignée des Inuvialuits)

• 2[p17]

  lease means an oil and gas lease issued pursuant to regulations made in accordance with the Territorial Lands Act and the Public Lands Grants Act and includes a production licence issued under the Canada Petroleum Resources Act; (concession)

• 2[p18]

  Minister means

• 2[p18](a)

  in relation to any area in respect of which the Minister of Northern Affairs has administrative responsibility for the natural resources therein, the Minister of Northern Affairs, and

• 2[p18](b)

  in relation to any area in respect of which the Minister of Natural Resources has administrative responsibility for the natural resources therein, the Minister of Natural Resources; (ministre)

• 2[p21]

  navigable water has the same meaning as in section 2 of the Canadian Navigable Waters Act; (eaux navigables)

• 2[p22]

  oil means

• 2[p22](a)

  crude petroleum regardless of gravity produced at a well-head in liquid form, and

• 2[p22](b)

  any other hydrocarbons, except coal and gas, including hydrocarbons that may be extracted or recovered from surface or subsurface deposits, including deposits of oil sand, bitumen, bituminous sand, oil shale and other types of deposits; (pétrole)

• 2[p25]

  onshore has the same meaning as in section 2 of the Northwest Territories Act; (région intracôtière)

• 2[p26]

  permit means an exploratory oil and gas permit issued pursuant to regulations made in accordance with the Territorial Lands Act and the Public Lands Grants Act and includes an exploration agreement entered into under the Canada Oil and Gas Land Regulations and any exploration agreement or licence that is subject to the Canada Petroleum Resources Act; (permis)

• 2[p27]

  pipeline means any pipe or any system or arrangement of pipes by which oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas is conveyed from any well-head or other place at which it is produced to any other place, or from any place where it is stored, processed or treated to any other place, and includes all property of any kind used for the purpose of, or in connection with or incidental to, the operation of a pipeline in the gathering, transporting, handling and delivery of the oil, gas or substance and, without restricting the generality of the foregoing, includes offshore installations or vessels, tanks, surface reservoirs, pumps, racks, storage and loading facilities, compressors, compressor stations, pressure measuring and controlling equipment and fixtures, flow controlling and measuring equipment and fixtures, metering equipment a…

• 2[p28]

  pool means a natural underground reservoir containing or appearing to contain an accumulation of oil or gas or both oil and gas and being separated or appearing to be separated from any other such accumulation; (gisement)

• 2[p29]

  prescribed means prescribed by regulations made by the Governor in Council; (Version anglaise seulement)

• 2[p30]

  Provincial Minister means the Provincial Minister within the meaning of either of the Accord Acts; (ministre provincial)

• 2[p31]

  spill-treating agent, except in section 25.4, means a spill-treating agent that is on the list established under section 14.2; (agent de traitement)

• 2[p32]

  straddling resource means a pool or field that the Commission of the Canadian Energy Regulator determines under section 48.02

• 2[p32](a)

  is wholly or partly in the Inuvialuit Settlement Region, other than in Inuvialuit lands as defined in Article 2.1 of the Agreement, and

• 2[p32](b)

  straddles the offshore, as defined in section 48.01, and the onshore; (ressource chevauchante)

• 2[p35]

  well means any opening in the ground, not being a seismic shot hole, that is made, to be made or is in the process of being made, by drilling, boring or other method,

• 2[p35](a)

  for the production of oil or gas,

• 2[p35](b)

  for the purpose of searching for or obtaining oil or gas,

• 2[p35](c)

  for the purpose of obtaining water to inject into an underground formation,

• 2[p35](d)

  for the purpose of injecting gas, air, water or other substance into an underground formation, or

• 2[p35](e)

  for any purpose, if made through sedimentary rocks to a depth of at least one hundred and fifty metres. (puits)

• 2.1Purpose

  The purpose of this Act is to promote, in respect of the exploration for and exploitation of oil and gas,

• 2.1(a)

  safety, particularly by encouraging persons exploring for and exploiting oil or gas to maintain a prudent regime for achieving safety;

• 2.1(b)

  the protection of the environment;

• 2.1(b.01)

  accountability in accordance with the “polluter pays” principle;

• 2.1(b.1)

  the safety of navigation in navigable waters;

• 2.1(c)

  the conservation of oil and gas resources;

• 2.1(d)

  joint production arrangements; and

• 2.1(e)

  economically efficient infrastructures.

• 3Application

  This Act applies in respect of the exploration and drilling for and the production, conservation, processing and transportation of oil and gas in other than of oil and gas in the adjoining area, as defined in section 2 of the Yukon Act.

• 3(a)

  that part of the onshore that is under the administration of a federal minister,

• 3(b)

  Nunavut,

• 3(c)

  Sable Island,

• 3(d)

  that part — of the internal waters of Canada or the territorial sea of Canada — that is not situated

• 3(d)(i)

  in a province other than the Northwest Territories, or

• 3(d)(ii)

  in that part of the onshore that is not under the administration of a federal minister, and

• 3(e)

  the continental shelf of Canada and the waters superjacent to the seabed of that continental shelf,

• 3.1Designation

  The Chief Executive Officer of the Canadian Energy Regulator may, for the purposes of this Act, designate an employee of the Canadian Energy Regulator to be the Chief Safety Officer and the same or another employee of that Regulator to be the Chief Conservation Officer.

• 3.2Orders

  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 Commission of the Canadian Energy Regulator is not a statutory instrument as defined in the Statutory Instruments Act.

• 4Prohibition

  No person shall carry on any work or activity related 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 unless

• 4(a)

  that person is the holder of an operating licence issued under paragraph 5(1)(a);

• 4(b)

  that person is the holder of an authorization issued, before the commencement of operations, under paragraph 5(1)(b) for each such work or activity; and

• 4(c)

  where it is required, that person is authorized or entitled to carry on business in the place where that person proposes to carry on the work or activity.

• 4.01Limitations on pipelines
• 4.01(1)

  A holder of an authorization under paragraph 5(1)(b) to construct or operate a pipeline shall not, without the leave of the Commission of the Canadian Energy Regulator,

• 4.01(1)(a)

  sell, transfer or lease to any person its pipeline, in whole or in part;

• 4.01(1)(b)

  purchase or lease any pipeline from any person;

• 4.01(1)(c)

  enter into an agreement for amalgamation with any person; or

• 4.01(1)(d)

  abandon the operation of a pipeline.

• 4.01(2)Definition of pipeline

  For the purposes of paragraph (1)(b), pipeline includes a pipeline as defined in section 2 or any other pipeline.

• 4.01(2.1)Terms and conditions — abandonment

  The Commission of the Canadian Energy Regulator may, on granting leave to abandon the operation of a pipeline, impose any terms and conditions that it considers proper.

• 4.01(2.2)Costs and expenses related to abandonment

  The Commission of the Canadian Energy Regulator may order a holder of an authorization issued under paragraph 5(1)(b) or a holder of that authorization that has obtained the Commission’s leave to abandon the operation of its pipeline, or the holder’s successor or assign, to take any measure that the Commission 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.

• 4.01(3)Exception

  Despite paragraph (1)(a), leave shall only be required if the holder sells, transfers or leases any part of its pipeline that is capable of being operated for the transmission of oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas.

• 4.1Delegation
• 4.1(1)

  The Commission of the Canadian Energy Regulator may delegate any of its powers under section 5, 5.02, 5.03, 5.11, 5.12, 26.1 or 27 to any person, and the person shall exercise those powers in accordance with the terms of the delegation.

• 4.1(2)Navigable waters

  The person to whom the power to issue an authorization under paragraph 5(1)(b) is delegated may exercise that power in relation to a section or part of a pipeline that passes in, on, over, under, through or across a navigable water only after having consulted the Commission of the Canadian Energy Regulator.

• 4.2Regulations respecting fees, etc.
• 4.2(1)

  The Governor in Council may make regulations

• 4.2(1)(a)

  respecting the fees or charges, or the method of calculating the fees or charges, to be paid for the provision, by the Canadian Energy Regulator or the Minister, of a service or product under this Act;

• 4.2(1)(b)

  respecting the fees or charges, or the method of calculating the fees or charges, in respect of any of the Canadian Energy Regulator’s or the Minister’s activities under or related to this Act or under any other Act of Parliament, that are to be paid by

• 4.2(1)(b)(i)

  a person who makes an application for an authorization under paragraph 5(1)(b) or an application under subsection 5.1(2), or

• 4.2(1)(b)(ii)

  the holder of an operating licence or authorization issued under section 5; and

• 4.2(1)(c)

  respecting the refund of all or part of any fee or charge referred to in paragraph (a) or (b), or the method of calculating that refund.

• 4.2(2)Amounts not to exceed cost

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

• 4.2(3)Amounts not to exceed cost

  The amounts of the fees or charges referred to in paragraph (1)(b) shall not exceed the cost of performing the activities under or related to this Act or under any other Act of Parliament.

• 5Licences and authorizations
• 5(1)

  The Commission of the Canadian Energy Regulator may, on application made in the form and containing the information fixed by the Commission of the Canadian Energy Regulator, and made in the prescribed manner, issue

• 5(1)(a)

  an operating licence; and

• 5(1)(b)

  an authorization with respect to each work or activity proposed to be carried on.

• 5(2)Term and renewals

  An operating licence expires on the thirty-first day of March immediately after the day on which it is issued and may be renewed for successive periods not exceeding one year each.

• 5(3)Requirements for operating licence

  An operating licence is subject to any requirements that are determined by the Commission of the Canadian Energy Regulator or that are prescribed and to any deposits that are prescribed.

• 5(4)Requirements for authorization

  An authorization shall be subject to such approvals as the Commission of the Canadian Energy Regulator determines or as may be granted in accordance with the regulations and such requirements and deposits as the Commission of the Canadian Energy Regulator determines or as may be prescribed, including

• 5(4)(a)

  requirements relating to liability for loss, damage, costs or expenses;

• 5(4)(b)

  requirements for the carrying out of environmental programs or studies; and

• 5(4)(c)

  requirements for the payment of expenses incurred by the Canadian Energy Regulator in approving the design, construction and operation of production facilities and production platforms as those terms are defined in the regulations.

• 5(5)Suspension or revocation

  The Commission of the Canadian Energy Regulator may suspend or revoke an operating licence or an authorization for failure to comply with, contravention of or default in respect of

• 5(5)(a)

  a requirement, approval or deposit subject to which the licence or authorization was issued;

• 5(5)(a.1)

  a fee or charge payable in accordance with regulations made under section 4.2;

• 5(5)(b)

  a requirement undertaken in a declaration referred to in subsection 5.11(1) or (2);

• 5(5)(c)

  subsection 5.11(3), 5.12(2), 26.1(4) or (5) or 27(1.1), (1.2) or (5); or

• 5(5)(d)

  any applicable regulation.

• 5(6)Variation

  The Commission of the Canadian Energy Regulator may vary the conditions of an operating licence or authorization under section 383 of the Canadian Energy Regulator Act.

• 5.001Timing
• 5.001(1)

  If an application for an authorization under subsection 5(1) is made with respect to a work or activity proposed to be carried on in whole or in part in any area in respect of which the Minister of Northern Affairs has administrative responsibility for natural resources, the Commission of the Canadian Energy Regulator shall, within 18 months after the day on which the applicant has, in the Commission’s opinion, provided a complete application, either issue the authorization to the applicant under that subsection or notify the applicant in writing of its decision not to issue the authorization.

• 5.001(2)Extensions

  The Minister may, by order, extend the period referred to in subsection (1) by a maximum of three months. The Governor in Council may, on the recommendation of the Minister, by order, further extend that period by any additional period or periods of time.

• 5.001(3)Impact assessment

  If the application for an authorization is in respect of a designated project, as defined in section 2 of the Impact Assessment Act, for which an impact assessment is required under that Act, the Minister of the Environment must issue the decision statement referred to in section 65 of that Act in respect of the designated project.

• 5.001(4)Excluded period

  If the Commission of the Canadian Energy Regulator requires the applicant to provide information or undertake a study with respect to the work or activity, the period that is taken by the applicant, in the Commission’s opinion, to comply with the requirement is not included in the calculation of the period referred to in subsection (1) or, if the period is extended under subsection (2), within that extended period.

• 5.001(5)Public notice of excluded period

  The Commission of the Canadian Energy Regulator shall, without delay, make public the dates on which the period referred to in subsection (4) begins and ends.

• 5.002Participant funding program

  The Canadian Energy Regulator may establish a participant funding program to facilitate the participation of the public in the impact assessment, as defined in section 2 of the Impact Assessment Act, of any designated project, as defined in that section, if

• 5.002(a)

  the Canadian Energy Regulator has responsibilities for the project under that Act;

• 5.002(b)

  the project includes physical activities that are designated by regulations made under paragraph 112(1)(e) of that Act or that are part of a class of activities designated by those regulations; and

• 5.002(c)

  the project is the subject of an application for an authorization under subsection 5(1) of this Act.

• 5.01Right 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).

• 5.01(1.1)Right of entry — abandoned pipeline

  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).

• 5.01(2)Restriction

  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

• 5.01(2)(a)

  in the case of land within Nunavut, a decision of the Nunavut Surface Rights Tribunal made in accordance with the Nunavut Waters and Nunavut Surface Rights Tribunal Act;

• 5.01(2)(a.1)

  in the case of land in the Northwest Territories, an order made by a territorial tribunal that is competent to resolve matters in dispute relating to access to the surface of lands; and

• 5.01(2)(b)

  in any other case, a decision of an arbitrator made in accordance with the regulations.

• 5.01(3)Exception

  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.

• 5.01(4)Repealed

  [Repealed, 1998, c. 5, s. 12]

• 5.011Construction or operation

  No person shall construct or operate a pipeline that passes in, on, over, under, through or across a navigable water unless an authorization to construct or operate, as the case may be, the pipeline has been issued under paragraph 5(1)(b).

• 5.012Effects on navigation

  In addition to any other factor that it considers appropriate, the Commission of the Canadian Energy Regulator shall take into account the effects that its decision might have on navigation, including safety of navigation, when deciding whether to issue an authorization under paragraph 5(1)(b) in respect of a pipeline that passes in, on, over, under, through or across a navigable water.

• 5.013Pipeline not work

  Despite the definition work in section 2 of the Canadian Navigable Waters Act, a pipeline in respect of which an authorization has been or may be issued under paragraph 5(1)(b) is not a work to which that Act applies.

• 5.014Regulations
• 5.014(1)

  The Governor in Council may, for purposes related to navigation, on the joint recommendation of the Minister of Northern Affairs and the Minister of Transport, make regulations respecting sections or parts of pipelines that pass in, on, over, under, through or across any navigable water in any area in respect of which the Minister of Northern Affairs has administrative responsibility for natural resources, including regulations respecting the design, construction, operation and abandonment of those pipelines and the issuance of authorizations under paragraph 5(1)(b) in respect of their construction or operation.

• 5.014(2)Regulations

  The Governor in Council may, for purposes related to navigation, on the joint recommendation of the Minister of Natural Resources and the Minister of Transport, make regulations respecting sections or parts of pipelines that pass in, on, over, under, through or across any navigable waters in any area in respect of which the Minister of Natural Resources has administrative responsibility for natural resources, including regulations respecting the design, construction, operation and abandonment of those pipelines and the issuance of authorizations under paragraph 5(1)(b) in respect of their construction or operation.

• 5.015Existing terms and conditions

  Terms and conditions imposed at any time before the coming into force of this section in relation to an approval given under the Navigation Protection Act in respect of a pipeline, in respect of which an authorization has been issued under paragraph 5(1)(b), apply as if they were requirements determined by the National Energy Board to be requirements to which the authorization is subject.

• 5.02Safety

  The Commission of the Canadian Energy Regulator shall, before issuing an authorization for a work or activity referred to in paragraph 5(1)(b), consider the safety of the work or activity by reviewing, in consultation with the Chief Safety Officer, the system as a whole and its components, including its installations, equipment, operating procedures and personnel.

• 5.021Net environmental benefit

  The Commission of the Canadian Energy Regulator must not permit the use of a spill-treating agent in an authorization issued under paragraph 5(1)(b) unless that Commission determines, taking into account any prescribed factors and any factors the Regulator considers appropriate, that the use of the spill-treating agent is likely to achieve a net environmental benefit.

• 5.03Compliance with certain provisions

  The Commission of the Canadian Energy Regulator shall, before issuing an authorization for a work or activity referred to in paragraph 5(1)(b), ensure that the applicant has complied with the requirements of subsections 26.1(1) or (2) and 27(1) or (1.01) in respect of that work or activity.

• 5.1Approval of general approach of development
• 5.1(1)

  No approval that is shall be granted unless the Commission of the Canadian Energy Regulator, on application submitted in accordance with subsection (2), has approved a development plan relating to the pool or field pursuant to subsection (4).

• 5.1(1)(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

• 5.1(1)(b)

  prescribed for the purposes of this subsection

• 5.1(2)Application and submission of development plan

  For the purposes of subsection (1), an application for the approval of a development plan shall be submitted to the Canadian Energy Regulator in the form and containing the information fixed by the Canadian Energy Regulator, 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).

• 5.1(3)Development plan in two parts

  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

• 5.1(3)(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

• 5.1(3)(a)(i)

  the scope, purpose, location, timing and nature of the proposed development,

• 5.1(3)(a)(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

• 5.1(3)(a)(iii)

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

• 5.1(3)(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.

• 5.1(4)Approval of development plan

  After reviewing an application and development plan submitted pursuant to this section, the Commission of the Canadian Energy Regulator 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 Commission considers appropriate or that may be prescribed.

• 5.1(5)Approval of amendment to plan

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

• 5.1(5)(a)

  no amendment of the development plan shall be made unless it is approved by the Commission of the Canadian Energy Regulator and, in the case of an amendment to Part I of the development plan, the Governor in Council consents to the approval; and

• 5.1(5)(b)

  any requirement that the approval is subject to may be amended by the Commission of the Canadian Energy Regulator 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.

• 5.1(6)Application of certain provisions

  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.

• 5.1(6.1)Straddling resources — approval

  Despite subsection (4), the Commission of the Canadian Energy Regulator may approve a development plan in relation to developing a straddling resource, subject to

• 5.1(6.1)(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

• 5.1(6.1)(b)

  any requirements that the Commission considers appropriate or that may be prescribed.

• 5.1(6.2)No consent

  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.

• 5.1(6.3)Expert’s decision

  The expert’s decision in relation to the development plan is deemed to be a development plan that is approved by the Commission of the Canadian Energy Regulator 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.

• 5.1(6.4)Amendment

  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 Commission of the Canadian Energy Regulator 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.

• 5.1(6.5)Amendment — application of subsections (6.1) to (6.4)

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

• 5.1(7)Transboundary pool or field

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

• 5.1(8)Approval subject to agreement and consent

  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 Commission of the Canadian Energy Regulator 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 Commission and regulator have agreed are appropriate or that may be prescribed.

• 5.1(9)Disagreement

  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 Commission of the Canadian Energy Regulator’s behalf, or the regulator may refer the matter to an expert in accordance with section 48.27.

• 5.1(10)Submissions in relation to Part I

  Any submissions to the expert by the Minister on the Commission of the Canadian Energy Regulator’s behalf regarding Part I of the development plan are subject to the prior consent of the Governor in Council.

• 5.1(11)Expert’s decision

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

• 5.1(12)Application of certain provisions

  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.

• 5.11Declaration by applicant
• 5.11(1)

  Subject to subsection (2), no authorization under paragraph 5(1)(b) shall be issued unless the Commission of the Canadian Energy Regulator has received, from the applicant for the authorization, a declaration in the form fixed by the Commission of the Canadian Energy Regulator that states that

• 5.11(1)(a)

  the equipment and installations that are to be used in the work or activity to be authorized are fit for the purposes for which they are to be used, the operating procedures relating to them are appropriate for those uses, and the personnel who are to be employed in connection with them are qualified and competent for their employment; and

• 5.11(1)(b)

  the applicant shall ensure, so long as the work or activity that is authorized continues, that the equipment and installations continue to be fit for the purposes for which they are used, the operating procedures continue to be appropriate for those uses, and the personnel continue to be so qualified and competent.

• 5.11(2)Declaration by owner

  The Commission of the Canadian Energy Regulator may accept, in respect of equipment that is to be used in the work or activity to be authorized, a declaration from the owner of the equipment in lieu of a declaration from the applicant for the authorization, and such a declaration shall be in a form fixed by the Commission of the Canadian Energy Regulator and shall state that

• 5.11(2)(a)

  the equipment is fit for the purpose for which it is to be used, the operating procedures relating to it are appropriate for that use, and the personnel who are to be employed by the owner in connection with it are qualified and competent for their employment; and

• 5.11(2)(b)

  the owner shall ensure that, so long as the equipment is used in the work or activity that is authorized, that the equipment continues to be fit for the purpose for which it is used, the operating procedures continue to be appropriate for that use, and the personnel continue to be so qualified and competent.

• 5.11(3)Changes

  Where the equipment, an installation, the operating procedures or any of the personnel specified in the declaration changes and no longer conforms to the declaration, the holder of the authorization shall provide the Commission of the Canadian Energy Regulator with a new declaration as soon as possible after the change occurs.

• 5.11(4)Immunity

  The Commission of the Canadian Energy Regulator or any delegate of the Commission of the Canadian Energy Regulator is not liable to any person by reason only of having issued an authorization in reliance on a declaration made under this section.

• 5.12Certificate
• 5.12(1)

  No authorization under paragraph 5(1)(b) shall be issued with respect to any prescribed equipment or installation, or any equipment or installation of a prescribed class, unless the Commission of the Canadian Energy Regulator has received, from the applicant for the authorization, a certificate issued by a certifying authority in the form fixed by the Commission of the Canadian Energy Regulator.

• 5.12(2)Continuing obligation

  The holder of an authorization shall ensure that the certificate referred to in subsection (1) remains in force for so long as the equipment or installation to which the certificate relates is used in the work or activity in respect of which the authorization is issued.

• 5.12(3)Contents of certificate

  A certificate referred to in subsection (1) shall state that the equipment or installation in question

• 5.12(3)(a)

  is fit for the purposes for which it is to be used and may be operated safely without posing a threat to persons or to the environment in the location and for the time set out in the certificate; and

• 5.12(3)(b)

  is in conformity with all of the requirements and conditions that are imposed for the purposes of this section by subsection 5(4), whether they are imposed by regulation or by the Commission of the Canadian Energy Regulator.

• 5.12(4)Validity of certificate

  A certificate referred to in subsection (1) is not valid if the certifying authority

• 5.12(4)(a)

  has not complied with any prescribed procedure or any procedure that the Commission of the Canadian Energy Regulator may establish; or

• 5.12(4)(b)

  is a person or an organization that has participated in the design, construction or installation of the equipment or installation in respect of which the certificate is issued, to any extent greater than that prescribed.

• 5.12(5)Access

  An applicant shall permit the certifying authority to have access to the equipment and installation in respect of which the certificate is required and to any information that relates to them.

• 5.12(6)Definition of “certifying authority”

  For the purposes of this section, certifying authority has the meaning assigned by the regulations.

• 5.12(7)Immunity

  The Commission of the Canadian Energy Regulator or any delegate of the Commission of the Canadian Energy Regulator is not liable to any person by reason only of having issued an authorization in reliance on a certificate issued under this section.

• 5.2Definition of benefits plan
• 5.2(1)

  In this section, benefits plan means a plan for the employment of Canadians and for providing Canadian manufacturers, consultants, contractors and service companies with a full and fair opportunity to participate on a competitive basis in the supply of goods and services used in any proposed work or activity referred to in the benefits plan.

• 5.2(2)Benefits plan

  No approval of a development plan shall be granted under subsection 5.1(1) and no authorization of any work or activity shall be issued under paragraph 5(1)(b), until the Minister has approved, or waived the requirement of approval of, a benefits plan in respect of the work or activity.

• 5.2(3)Affirmative action programs

  The Minister may require that any benefits plan submitted pursuant to subsection (2) include provisions to ensure that disadvantaged individuals or groups have access to training and employment opportunities and to enable such individuals or groups or corporations owned or cooperatives operated by them to participate in the supply of goods and services used in any proposed work or activity referred to in the benefits plan.

• 5.2(4)Transboundary pool or field

  The definitions in sections 29 and 48.15 apply in subsections (5) and (6).

• 5.2(5)Approval subject to agreement

  A benefits 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 under subsection (2) unless the Minister and the appropriate regulator have agreed to its content.

• 5.2(6)Disagreement — Minister and regulator

  The Minister or the regulator may, if they disagree about the content of the plan submitted for approval, refer the matter to an expert in accordance with section 48.27. The expert’s decision is deemed to be approval by the Minister of the plan.

• 5.3Board guidelines and interpretation notes
• 5.3(1)

  The Canadian Energy Regulator may issue and publish, in any manner the Regulator considers appropriate, guidelines and interpretation notes with respect to the application and administration of section 5, 5.1 and 13.02 and subsection 27(1.01) and any regulations made under section 4.2, 13.17 and 14.

• 5.3(2)Ministerial guidelines and interpretation notes

  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.

• 5.3(3)Not statutory instruments

  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.

• 5.31Jurisdiction
• 5.31(1)

  The Commission of the Canadian Energy Regulator has full and exclusive jurisdiction to inquire into, hear and determine any matter

• 5.31(1)(a)

  if it appears to the Commission of the Canadian Energy Regulator that any person failed to do any act, matter or thing required to be done by this Act, any regulation, order or direction made under this Act, or an operating licence or authorization issued under section 5, or that any person has done or is doing any act, matter or thing contrary to or in contravention of this Act, any regulation, order or direction made under this Act, or an operating licence or authorization issued under section 5; or

• 5.31(1)(b)

  if it appears to the Commission of the Canadian Energy Regulator that the circumstances may require the Commission, in the public interest, to make any order or give any direction, leave, sanction or approval that by law it is authorized to make or give, or with respect to any act, matter or thing that is prohibited, sanctioned or required to be done by this Act, any regulation, order or direction made under this Act, or an operating licence or authorization issued under section 5.

• 5.31(2)Of its own motion

  The Commission of the Canadian Energy Regulator may, of its own motion, inquire into, hear and determine any matter or thing that under this Act it may inquire into, hear and determine.

• 5.31(3)Matters of law and fact

  For the purposes of this Act, the Commission of the Canadian Energy Regulator has full jurisdiction to hear and determine all matters, whether of law or of fact.

• 5.32Mandatory orders

  The Commission of the Canadian Energy Regulator may

• 5.32(a)

  order and require any person to do, without delay, or within or at any specified time and in any manner set by the Canadian Energy Regulator, any act, matter or thing that the person is or may be required to do under this Act, any regulation, order or direction made under this Act or an operating licence or authorization issued under section 5; and