1st Session, 43rd Legislature
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Bill 31
THE CAPTURED CARBON STORAGE ACT
TABLE OF CONTENTS
| PART 1 INTRODUCTORY PROVISIONS |
||
| 1 | Definitions | |
| (2) | Reference to "Act" includes regulations | |
| 2 | Purpose of Act | |
| 3 | Non-application | |
| 4 | Crown bound | |
| (2) | Pore space excluded from grants | |
| (3) | Deemed reservation in original grant | |
| (4) | Exclusion | |
| 6 | No entitlement to compensation | |
| (2) | No taking, expropriation or injurious affection | |
| 7 | Exclusive right to explore | |
| 8 | Application to director | |
| 9 | Director may issue reservation | |
| (2) | No reservation issued for certain areas | |
| 10 | Period of validity | |
| (2) | Extension of period | |
| GEOPHYSICAL EXPLORATION PERMITS | ||
| 11 | No geophysical exploration without permit | |
| 12 | Who may apply for geophysical exploration permit | |
| (2) | How to apply | |
| 13 | Director may issue permit | |
| (2) | Applicant must have surface rights | |
| (3) | Geophysical exploration on highway prohibited | |
| TEST WELL LICENCES | ||
| 14 | Who may apply for test well licence | |
| (2) | Applicant must have rights | |
| 15 | No underground storage without licence | |
| 16 | Exclusive right to store carbon | |
| 17 | Who may apply for carbon storage licence | |
| (2) | How to apply | |
| 18 | Director may issue licence | |
| (2) | No licence issued for certain areas | |
| REVISED PLANS AND | ||
| 19 | Director may require revisions to plans | |
| (2) | Plan revisions | |
| (3) | Director may approve revised plan | |
| 20 | Director may order cessation of carbon injection | |
| (2) | Licence amendments | |
| (3) | How to apply | |
| (4) | Director may approve application | |
| (5) | When director must not approve amendment | |
| (6) | Director may order amendments | |
| 21 | Director must give notice | |
| (2) | Notice | |
| CLOSURE OF CARBON REPOSITORY | ||
| 22 | Closure of carbon repository requires approval | |
| (2) | Director may order closure | |
| (3) | Director may impose terms and conditions | |
| (4) | Storage licensee to close repository | |
| 23 | Closure certificate | |
| 24 | Liabilities after closure | |
| 25 | Director must give notice | |
| (2) | Notice | |
| WELL LICENCES | ||
| 26 | No drilling or operating well without licence | |
| (2) | Survey site for well | |
| 27 | Who may apply for a well licence | |
| (2) | How to apply | |
| 28 | Director may issue licence | |
| (2) | Applicant must have surface rights | |
| 29 | Director to name each well | |
| WELL ABANDONMENT AND SITE RESTORATION | ||
| 30 | No abandonment of well without approval | |
| (2) | Director may approve abandonment | |
| (3) | Director may order abandonment | |
| (4) | Director may impose terms and conditions | |
| 31 | Requirement to comply and restore | |
| 32 | Certificate of abandonment | |
| (2) | Liability for restoration | |
| (3) | Certificate does not affect Surface Rights Act | |
| 33 | Re-entry of abandoned well | |
| 34 | Director must give notice | |
| (2) | Notice | |
| DISPOSAL PERMITS | ||
| 35 | No disposal without permit | |
| 36 | Application for disposal permit | |
| 37 | Director may issue permit | |
| TERMS AND CONDITIONS | ||
| 39 | Terms and conditions | |
| (2) | Director may add, rescind or vary terms and conditions | |
| 40 | Director may refuse to issue licence or permit | |
| (2) | Additional reason to refuse to issue licence or permit | |
| (3) | Director may refuse to extend period of validity | |
| 41 | Cancellation or suspension | |
| 42 | Director must give notice to licence or permit holders | |
| (2) | Notice | |
| COMPLIANCE | ||
| 43 | Licence or permit holder must comply with Act and terms and conditions | |
| (2) | Storage licensee must comply with plans | |
| 44 | Required insurance | |
| 45 | Records, reports and samples | |
| (2) | Licence or permit holder to provide information | |
| (3) | Holder of a well licence to provide data | |
| 46 | Licence or permit holder must pay fees | |
| 47 | Restriction on transfer or assignment | |
| 49 | Application of Surface Rights Act | |
| 50 | Director may authorize entry along proposed pipeline route | |
| TREATMENT OF AFFECTED INTERESTS | ||
| 52 | Notice to persons holding estates or interests in land | |
| (2) | Content of notice | |
| (3) | Affected person may notify director of lack of notice | |
| 53 | Compensation hearing waiver | |
| SUBSURFACE RIGHTS COMPENSATION BOARD | ||
| 54 | Application for board determination | |
| (2) | Application for compensation order — affected person | |
| 55 | Subsurface rights compensation board | |
| (2) | Composition | |
| (3) | Remuneration and expenses | |
| 56 | Notice of hearing date | |
| (2) | Director has standing before board | |
| (3) | Procedure governed by rules | |
| (4) | Right to present evidence and make submissions | |
| (5) | Oral hearings not required | |
| (6) | Hearings and record to be public | |
| (7) | Confidential hearings | |
| (8) | Electronic hearings | |
| (9) | Rules of evidence | |
| (10) | Evidence Act powers | |
| (11) | Combined hearings | |
| 57 | Order of subsurface rights compensation board | |
| (2) | When compensation is not payable | |
| (3) | Notice of order | |
| (4) | Decision is final | |
| 58 | Payment in trust for affected person | |
| (2) | Application to court | |
| (3) | Court to order payment of trust money | |
| (4) | Government not liable for court costs | |
| (5) | Trust money reverts to government | |
| EFFECT OF LICENCE ON OTHER | ||
| 59 | Prohibited activities in storage area | |
| (2) | Exceptions | |
| (3) | Director may consent | |
| (4) | Other activities subject to carbon storage | |
| (5) | Incompatible activity | |
| (6) | Conflict | |
| REAL PROPERTY REGISTRATIONS | ||
| 60 | Licence runs with the land | |
| (2) | Registration | |
| (3) | Costs of registrations | |
| (4) | Disposition of caveat | |
| (5) | Vacating under Registry Act | |
| (6) | Registration after consent | |
| (7) | District registrar must register | |
| 61 | Appointment of director | |
| (2) | Director may delegate | |
| (3) | Limitations | |
| (4) | Director retains powers and duties | |
| 62 | Forms | |
| 63 | Director may require records | |
| (2) | Duty to provide records | |
| 64 | Use of performance security | |
| REGISTRY OF LICENCES AND PERMITS | ||
| 65 | Registry of licences and permits | |
| INSPECTIONS | ||
| 66 | Appointment of inspectors | |
| (2) | Designating inspectors | |
| (3) | Identification | |
| (4) | Director has inspection powers | |
| 67 | General inspection powers | |
| (2) | Assistance | |
| (3) | Authority to enter private dwelling | |
| (4) | Warrant to enter and inspect private dwelling | |
| (5) | Application without notice | |
| 68 | Assistance to be given | |
| (2) | Electronic records | |
| (3) | Inspector may make copies | |
| (4) | Inspector may remove records to make copies | |
| (5) | Admissibility of copies | |
| (6) | Receipt and return of samples | |
| COMPLIANCE ORDERS | ||
| 69 | Order to comply | |
| (2) | Contents of order | |
| (3) | Order may contain terms and conditions | |
| (4) | Director must give copy of order | |
| 70 | Immediate effect | |
| (2) | Director may rescind order | |
| 71 | Duty to comply | |
| 72 | Director may take over well | |
| (2) | Director may take steps to effect compliance | |
| (3) | Holder responsible for costs and expenses | |
| (4) | Demand for payment of costs and expenses | |
| (5) | Payment | |
| 73 | Court-ordered compliance | |
| (2) | Order | |
| ADMINISTRATIVE PENALTIES | ||
| 74 | Administrative penalty | |
| (2) | Amount of penalty | |
| (3) | Contravention for more than one day | |
| (4) | Notice | |
| (5) | Giving the notice | |
| 75 | Payment | |
| (2) | No offence to be charged if penalty is paid | |
| (2) | Compliance orders may be appealed | |
| (3) | Decisions not subject to appeal | |
| (4) | How to appeal | |
| (5) | Appeal requirements | |
| (6) | Director is a party | |
| (7) | Stay of decision or order | |
| 77 | Minister to appoint appeal board | |
| (2) | Composition | |
| (3) | Remuneration and expenses | |
| 78 | Appeal hearing | |
| (2) | Procedure governed by rules | |
| (3) | Right to present evidence and make submissions | |
| (4) | Oral hearings not required | |
| (5) | Electronic hearings | |
| (6) | Rules of evidence | |
| (7) | Evidence Act powers | |
| 79 | Decision of appeal board | |
| (2) | Notice of decision | |
| (2) | Certificate registered in court | |
| 81 | Information is confidential | |
| (2) | Application | |
| 82 | Protection from liability | |
| 83 | Service | |
| (2) | Substitutional service | |
| OFFENCES AND PENALTIES | ||
| 84 | Offences | |
| (2) | Continuing offence | |
| (3) | Liability of corporate officers and directors | |
| (4) | Time limit for prosecution | |
| 85 | Penalty for individuals | |
| (2) | Penalty for other persons | |
| 86 | Convicted person must still comply with order | |
| REGULATIONS | ||
| 87 | Regulations | |
| (2) | General or specific application | |
| (3) | Incorporation of codes and standards | |
| 100 | Coming into force | |