C.C.S.M. c. O34
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| PART 1
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| INTERPRETATION OBJECTS AND PURPOSES APPLICATION
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| 1(1)
| Definitions
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| (2)
| Regulations included
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| 2(1)
| Objects and purposes of Act
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| (2)
| Principles of sustainable development
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| 3(1)
| Application of Act
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| (2)
| "Oil and gas primary production"
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| 4
| Crown bound
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| PART 2
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| ADMINISTRATION
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| 5
| General authority of the minister
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| 6
| Annual report
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| 7
| Assistance agreement
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| 8(1)
| Minister may refer matter to board
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| (2)
| Application to resolve matter
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| (3)
| Content of application
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| 9
| Minister may extend time
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| 10
| Petroleum Branch established
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| 11(1)
| Appointment of Director of Petroleum
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| (2)
| Acting director
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| (3)
| Duties of the director
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| (4)
| Additional powers of the director
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| 12(1)
| Establishment of office of registrar
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| (2)
| Filing and registering in office of registrar
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| (3)
| Payments made at office of registrar
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| 13(1)
| Appointment of registrar
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| (2)
| Acting registrar
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| 14(1)
| Duties of registrar
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| (2)
| Registrar may conduct audit
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| 15(1)
| Records and documents open to public
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| (2)
| Evidence of record or document
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| 16
| Note of decision on record of disposition
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| 17
| Appointment of inspectors
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| 18(1)
| Powers of inspector
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| (2)
| Operator and employees to assist inspector
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| (3)
| Identification card
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| 19(1)
| Definition
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| (2)
| Disclosure and divestment of interest
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| 20
| Use or disclosure of confidential information
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| 21
| Offence and penalty
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| 22(1)
| Application for restitution
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| (2)
| Limitation period for application
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| 23
| L.G. in C. may appoint person
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| PART 3
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| OIL AND GAS CONSERVATION BOARD
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| 24(1)
| Establishment of board
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| (2)
| Qualification of members
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| (3)
| Term of office
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| (4)
| Presiding member and deputy
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| (5)
| Remuneration and reimbursement
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| (6)
| Quorum
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| (7)
| Appointment of acting member
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| (8)
| Deputy presiding member
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| (9)
| Appointment of another person in case of interest
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| (10)
| Secretary, staff and other assistance
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| 25(1)
| Board to submit report on referred matter
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| (2)
| Powers under The Evidence Act
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| (3)
| No power to summon witnesses
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| 26(1)
| Rules of practice and procedure
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| (2)
| Regulations Act does not apply
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| (3)
| Transcript of oral evidence
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| (4)
| Presentation of evidence
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| (5)
| Record of proceedings before board
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| 27
| Board may seek expert assistance
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| 28
| Board and expert have power of inspector
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| 29
| Recommendation as to costs
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| 30(1)
| Notice of hearing
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| (2)
| Board may proceed in absence of a party
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| (3)
| Submission of report by board
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| (4)
| Minister's powers
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| (5)
| Documents to be filed with registrar
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| (6)
| Registrar to serve copies of order
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| (7)
| Minister's order as to costs filed in Q.B.
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| 31(1)
| Appeal to Queen's Bench
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| (2)
| Judge may stay enforcement
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| 32
| Minister may extend or abridge time
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| PART 4
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| DISPOSITIONS
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| 33(1)
| Definitions
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| (2)
| Deemed size of areas
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| 34
| Disposition in accordance with Act
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| 35
| Issuance of disposition by minister
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| 36
| Refusal to issue disposition
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| 37
| Additional terms and conditions
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| 38
| Form and execution of disposition
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| 39
| Registration of executed disposition
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| 40
| Right of access to oil and gas
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| EXPLORATION RESERVATIONS
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| 41
| Rights granted
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| 42
| Size of reservation area
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| 43(1)
| Effective date of exploration reservation
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| (2)
| Term of exploration reservation
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| (3)
| Extension of term
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| 44
| Annual rent
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| 45(1)
| Conversion of exploration reservation to lease
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| (2)
| Expiry of exploration reservation
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| (3)
| Size of lease area not restricted
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| 46(1)
| Offset area drilling requirements
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| (2)
| Where offset area produces oil and gas
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| (3)
| Exploration reservation continues
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| 47
| Prohibition
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| 48
| Surrender of exploration reservation
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| LEASE
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| 49
| Rights granted by lease
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| 50
| Size of lease area
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| 51(1)
| Effective date of lease
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| (2)
| Term of lease
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| 52(1)
| Application to registrar for renewal of lease
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| (2)
| Registrar to issue five year renewal
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| (3)
| When lease may be renewed
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| 53(1)
| Application to director for one year extension
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| (2)
| Conditions for one year extension
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| (3)
| Further extension if commitment honoured
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| (4)
| Maximum of five extensions
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| (5)
| Renewal of lease after extension period
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| 54
| Annual rent
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| 55
| Division of lease area into parts
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| 56
| Surrender of lease area
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| 57
| Amendment of holder's copy of lease
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| 58(1)
| Offset area drilling requirement
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| (2)
| Compensatory royalty, surrender, substitution
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| (3)
| Drilling of offset well may be deferred
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| 59(1)
| Requirement for survey
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| (2)
| Costs of survey
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| 60
| Implied reservations to the Crown
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| 61(1)
| Notice to holder of failure to comply
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| (2)
| Cancellation of disposition
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| (3)
| Rights forfeited to Crown
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| 62
| Cancellation on misrepresentation, bankruptcy
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| 63
| Service of notice of cancellation
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| 64(1)
| Well to be abandoned
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| (2)
| Seizure for failure to comply
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| 65
| Waiver of term or condition by minister
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| 66
| Disposal of Crown rights in Northern Manitoba
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| 67
| Agreements on helium and oil shale
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| PART 5
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| REGISTRATION OF TRANSFERS AND INSTRUMENTS
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| 68
| Holder may transfer disposition
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| 69(1)
| Effect of transfer
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| (2)
| Effect of registration
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| (3)
| Effect of not registering transfer
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| 70(1)
| Registration of transfer
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| (2)
| Duplicate copy of transfer to transferee
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| 71(1)
| Transfer of part of a lease area
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| (2)
| Registrar to amend lease area description
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| 72(1)
| Transfer on death, bankruptcy, insolvency
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| (2)
| Additional documents
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| (3)
| Registrar to register transferee's name
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| 73(1)
| Registration of instruments against disposition
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| (2)
| Registrar to give notice to holder
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| (3)
| Effect of registration
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| (4)
| Crown rights not affected
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| 74(1)
| Security given under the Bank Act
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| (2)
| Bank to file discharge
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| 75
| Cancellation of registration
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| PART 6
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| OIL AND GAS LEASE AGENTS
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| 76
| Definitions
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| 77
| Prohibition
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| 78(1)
| Application for registration
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| (2)
| Registration and renewal
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| 79(1)
| Validity of acquisition agreement
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| (2)
| Validation by order of the minister
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| 80
| Inquiry into misrepresentation by agent
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| 81
| Minister may declare agreement invalid
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| 82
| Reinstatement of oil and gas lease agent
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| PART 7
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| GEOPHYSICAL OPERATIONS
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| 83
| Definition
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| 84(1)
| No geophysical operation without licence
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| (2)
| Application for geophysical licence
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| (3)
| Director may issue geophysical licence
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| (4)
| Geophysical operation on highway
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| 85
| Application of Surface Rights Act
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| 86
| Licensee to comply with licence and Act
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| 87
| Director to approve transfer of licence
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| PART 8
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| WELL LICENCES
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| 88
| Definition
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| 89(1)
| Requirement for well licence
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| (2)
| Survey of site for well
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| 90(1)
| Application for well licence
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| (2)
| Issuance of licence
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| 91(1)
| Applicant must have surface rights
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| (2)
| Applicant must have right to produce oil and gas
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| (3)
| Restricted right to produce oil and gas for testing
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| (4)
| Application for purpose other than oil and gas
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| 92
| Licence void where licensee does not have rights
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| 93
| Director may refuse to issue well licence
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| 94(1)
| Director may amend well licence
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| (2)
| Cancellation of well licence where no drilling
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| 95
| Drilling to be done at authorized location
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| 96
| Licensee responsible for operations
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| 97
| Re-entry of abandoned well
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| 98(1)
| Well abandoned because of mechanical difficulties
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| (2)
| New well licence required
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| 99(1)
| Director to name each well
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| (2)
| Repealed
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| 100(1)
| Director to approve transfer of licence
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| (2)
| Transfer where licensee not located
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| (3)
| Registrar to transfer permit, licence
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| PART 9
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| OIL AND GAS PRODUCTION AND CONSERVATION
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| 101
| Definitions
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| SPACING UNITS AND TARGET AREAS
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| 102
| Size and shape may be prescribed and varied
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| 103(1)
| Effect of completion outside target area
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| (2)
| Director may waive reduction
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| DRILLING, COMPLETION AND SERVICING
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| 104
| Duty of licensee re equipment and methods
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| MAXIMUM PRODUCTION RATE
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| 105(1)
| Prescribed maximum production rates
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| (2)
| Application for variation or removal
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| (3)
| Order where gas or water reduces oil recovery
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| 106
| Restriction of production
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| 107
| New well in spacing unit already producing
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| 108
| Approval for commingled production or injection
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| DISPOSAL OF SALT WATER
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| 109(1)
| Disposal in accordance with permit or order
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| (2)
| Application for disposal permit
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| (3)
| Director may issue permit or refer application
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| 110
| Transportation of salt water
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| CONSTRUCTION AND OPERATION OF BATTERIES AND GAS PLANTS
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| 111(1)
| No construction of battery without approval
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| (2)
| Application for battery operating permit
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| (3)
| No construction until application made for permit
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| (4)
| Powers of director on application
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| (5)
| Inspector to approve modification to battery
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| 112
| Director to name each battery
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| 113(1)
| No construction or operation without approval
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| (2)
| Application for gas plant permit
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| (3)
| Consideration of application by minister
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| (4)
| Minister may issue gas plant permit
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| 114(1)
| Operator to limit discharge of pollutants
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| (2)
| Director's powers respecting pollutants
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| 115
| Minister may require gas conservation
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| ENHANCED RECOVERY
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| 116(1)
| Minister's approval required
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| (2)
| Application to minister
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| 117
| Report on feasibility of enhanced recovery
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| 118(1)
| Minister may refer matter to board
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| (2)
| Minister may suspend or restrict production
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| SPILLS
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| 119(1)
| Prevention
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| (2)
| Duties of operator on spill
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| (3)
| Duty to rehabilitate after spill
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| (4)
| Power of inspector re spill procedure
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| (5)
| Continuing duty of operator and successor
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| (6)
| Minister may relieve operator from application
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| (7)
| Liability for costs
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| 120(1)
| Definition
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| (2)
| Environmental protection plan
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| (3)
| Exemption of members of oil spill cooperative
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| (4)
| Minister may require oil spill cooperative
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| (5)
| Duties of oil spill cooperative
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| EMERGENCY, FIRE, BLOWOUT, ACCIDENT
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| 121(1)
| Operator to report fire, blowout or accident
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| (2)
| Declaration of state of emergency
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| ABANDONMENT AND REHABILITATION
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| 122(1)
| Application to abandon well or battery
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| (2)
| Approval of application to abandon
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| (3)
| Operator to abandon well or battery
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| 123(1)
| Abandonment of well or battery
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| (2)
| Director's powers on show cause
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| 124
| Well or battery may be seized
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| 125
| Operator must rehabilitate site
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| PART 10
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| POOLING ORDERS
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| 126(1)
| Application to minister
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| (2)
| Minister may make pooling order
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| (3)
| Provisions of pooling order
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| (4)
| Production allocation to each tract
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| (5)
| Penalty for not sharing drilling costs
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| (6)
| Penalty not to exceed one-half of cost
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| (7)
| Recovery of share of costs and penalty
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| (8)
| Pooling order binding on owners
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| 127
| Operation deemed to be on respective tracts
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| 128(1)
| Application to amend or revoke pooling order
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| (2)
| Minister may amend or revoke pooling order
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| (3)
| Consent of owners required for certain changes
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| (4)
| Minister may revoke order if no drilling
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| 129
| Minister to determine costs
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| 130
| Inclusion of spacing unit in unit area
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| 131
| Sharing of production and costs of unit production
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| PART 11
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| UNIT OPERATIONS
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| 132
| Unit agreement in force only on registration
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| 133
| Crown may be party to unit agreement
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| UNIT ORDERS
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| 134
| Application by working interest owner
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| 135(1)
| Minister may make unit order
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| (2)
| Provisions of unit order
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| (3)
| Owner's share of the cost of unit operation
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| 136
| Minister may appoint unit operator
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| 137
| Right of unit operator to recover costs
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| 138(1)
| Application to amend unit order
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| (2)
| Order to amend unit order
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| (3)
| Amendment not to affect allocations
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| (4)
| Allocation if spacing unit added or unit areas joined
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| 139
| Unit operator is agent of owners
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| 140(1)
| Unit operator deemed to be licensee and permittee
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| (2)
| New unit operator deemed to be licensee and permittee
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| 141
| Transfer of disposition not required
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| 142
| Effect of unit order and unit agreement
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| 143
| Unit operation satisfies lease obligation
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| 144
| Allocated production deemed from unit tract
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| PART 12
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| FLOW LINES AND PIPELINES
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| FLOW LINES
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| 145
| Director may designate flow line
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| 146(1)
| No construction of flow line without approval
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| (2)
| Application for flow line licence
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| (3)
| No approval until application made for licence
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| (4)
| Powers of inspector on application
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| (5)
| Applicant must have surface rights
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| (6)
| Inspector to approve modification to flow line
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| 147(1)
| Notice re abandonment of flow line
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| (2)
| Inspector's powers on show cause
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| PIPELINES
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| 148
| Definitions
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| PIPELINE CONSTRUCTION
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| 149(1)
| Pipeline construction permit required
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| (2)
| Application for construction permit
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| (3)
| Consideration of application by minister
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| (4)
| Minister may issue construction permit
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| (5)
| Minister to fix route of pipeline
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| 150(1)
| Modification of pipeline requires approval
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| (2)
| Repair or maintenance not included
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| ACCESS TO LAND
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| 151(1)
| When permittee may enter land
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| (2)
| Construction or relocation only after consent or order
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| (3)
| Application of Surface Rights Act
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| PIPELINE OPERATION
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| 152(1)
| Pipeline operating licence required
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| (2)
| Application for pipeline operating licence
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| (3)
| Issuance of pipeline operating licence
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| (4)
| Reports and information to the director
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| (5)
| Licensee subject to prohibitions
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| (6)
| Notice re abandonment of pipeline
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| (7)
| Minister's powers on show cause
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| COMMON CARRIERS
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| 153(1)
| Definition
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| (2)
| Common carrier must carry oil and gas supplied
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| (3)
| Application to declare common carrier
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| (4)
| Consideration of application by minister
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| (5)
| Order declaring or revoking common carrier
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| (6)
| When licensee may reduce products carried
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| (7)
| Minister may require plan respecting reductions
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| (8)
| Minister may determine reduction
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| GENERAL
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| 154
| Public safety and the environment
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| 155
| Constructing pipeline or flow line over highway
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| 156(1)
| Relocation of pipeline or flow line
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| (2)
| Allocation of costs
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| 157(1)
| Surface improvement or work on right of way
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| (2)
| Copy of consent to director
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| (3)
| Order to remove or modify improvement or work
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| 158
| Transfer of permit or licence
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| PART 13
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| STORAGE RESERVOIRS
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| 159
| Definitions
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| STORAGE PERMIT
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| 160(1)
| No storage reservoir without storage permit
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| (2)
| Effect of storage permit
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| 161
| Application of Public Utilities Board Act
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| 162(1)
| Application to the minister
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| (2)
| Consideration of application by minister
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| (3)
| Minister may issue storage permit
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| 163
| Minister must approve transfer of storage permit
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| 164
| Holder of permit to report to director
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| COMPENSATION
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| 165
| Subsurface operation in designated storage area
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| 166(1)
| Compensation for adverse effect on access
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| (2)
| Application to minister
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| (3)
| Compensation payable to Crown
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| PART 14
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| PERFORMANCE SECURITY
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| 167(1)
| No licence or permit without performance security
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| (2)
| Refund where licence or permit not issued
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| PERFORMANCE DEPOSIT
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| 168(1)
| Use of performance deposit
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| (2)
| Performance deposit to be maintained
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| 169(1)
| Refund respecting geophysical operation
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| (2)
| Refund on abandonment or transfer
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| 170(1)
| Persons entitled to refund
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| (2)
| Where person cannot be found
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| ABANDONMENT
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| 171(1)
| Certificate of Abandonment
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| (2)
| Inspector may issue Certificate of Abandonment
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| (3)
| Effect of Certificate on performance deposit
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| (4)
| Liability for rehabilitation
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| (5)
| No waiver of The Surface Rights Act
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| ABANDONMENT FUND
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| 172(1)
| Prescribed non-refundable levy
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| (2)
| Payment of levy
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| (3)
| Abandonment Fund Reserve Account
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| (4)
| Authority to pay
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| (5)
| Expenditure commitment not to lapse
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| (6)
| Recovery of expenditure from reserve account
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| PART 15
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| ENFORCEMENT
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| 173
| Definitions
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| 174
| Notice of non-compliance
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| SHUT DOWN
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| 175
| Application of sections 176 to 179
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| 176(1)
| Shut down notice re well or oil and gas facility
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| (2)
| Content of shut down notice
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| (3)
| Shut down order
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| 177(1)
| Emergency shut down of well or facility
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| (2)
| Inspector to notify operator and director
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| (3)
| Notification constitutes shut down order
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| (4)
| Shut down of geophysical operations
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| 178
| Authorization to resume operation
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| 179(1)
| Appeal of shut down order to minister
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| (2)
| Powers of the minister on appeal
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| (3)
| Appeal does not stay shut down order
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| 180(1)
| Definitions
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| (2)
| Shut down notice re pipeline, storage reservoir
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| (3)
| Content of shut down notice
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| (4)
| Shut down order
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| (5)
| Emergency shut down of pipeline, storage reservoir
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| (6)
| Director to notify minister
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| (7)
| Authorization to resume operations
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| 181(1)
| Shut down order suspends rights
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| (2)
| Removal of equipment after shut down order
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| SEIZURE
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| 182(1)
| Seizure on failure to comply
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| (2)
| Director to supervise seized well or facility
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| (3)
| Payment of royalty
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| 183(1)
| Surface rights vest in Crown
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| (2)
| Crown not subject to penalty
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| 184(1)
| Holder responsible for costs and expenses
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| (2)
| Recovery by Crown
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| (3)
| Priority of purchase money security interest
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| (4)
| Costs are recoverable and a debt to Crown
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| (5)
| Recovered money to be paid into fund
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| (6)
| Surplus proceeds
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| (7)
| Where person cannot be found
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| 185(1)
| Application for review of seizure order
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| (2)
| Application does not stay seizure order
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| (3)
| Review powers of minister
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| 186
| Application for accounting
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| 187(1)
| Appeal of seizure order to Queen's Bench
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| (2)
| Appeal does not stay seizure order
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| PART 16
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| ROYALTIES
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| 188(1)
| Royalties reserved to Crown
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| (2)
| Subsection (1) is implied term and condition
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| 189(1)
| L.G. in C. regulations
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| (2)
| Method may be varied by order
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| 190
| Crown is owner of royalty
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| 191
| Minister may recalculate Crown's royalty
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| PART 17
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| COLLECTION
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| 192(1)
| Charges are recoverable as debt to Crown
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| (2)
| Deduction of debt owing to Crown
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| 193(1)
| Interest on debt
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| (2)
| Interest on refund
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| 194(1)
| Crown has lien for debt due
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| (2)
| Priority of Crown's claim
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| 195(1)
| Minister may issue certificate of default
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| (2)
| Filing of certificate in Queen's Bench
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| (3)
| Costs of filing recoverable
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| PART 18
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| RECORDS AND REPORTS CONFIDENTIAL INFORMATION
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| RECORDS AND REPORTS
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| 196(1)
| Operator and holder to keep information
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| (2)
| Holder of well licence to provide data
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| (3)
| Holder of well licence to obtain information
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| (4)
| Purchaser, transporter to provide information
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| 197
| Information to be produced on request
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| CONFIDENTIAL INFORMATION
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| 198(1)
| Information is confidential
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| (2)
| Information with application
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| (3)
| Exception by written authorization
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| PART 19
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| OFFENCES AND PENALTIES
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| 199(1)
| Offences
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| (2)
| Penalties
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| (3)
| Continuing offence
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| (4)
| Penalties for continuing offence
|
| (5)
| Default of payment of fine
|
| (6)
| Order to comply
|
| 200(1)
| Corporate officers and directors
|
| (2)
| Liability of corporation not affected
|
| (3)
| Constructive corporate acts
|
| 201
| Further prosecution or civil action after conviction
|
| 202
| Three year limitation on prosecution
|
| 203
| Laying information
|
| 204(1)
| Director's certificate
|
| (2)
| Reasonable notice to other party
|
| (3)
| Cross-examination on certificate
|
| 205
| Application for injunction
|
| 206
| Remedies for enforcement
|
|
| PART 20
|
|
| GENERAL PROVISIONS
|
| 207
| Corporation must be registered
|
| 208
| Applicant to provide address for service
|
| 209(1)
| Service of notices and other documents
|
| (2)
| Effective date of service by mail
|
| (3)
| Posting of document constitutes service
|
| (4)
| Service on agent
|
| 210(1)
| Orders to be filed and served on persons affected
|
| (2)
| Effective date of order
|
| 211
| Notification of acquisition of interest
|
| 212
| Right of entry not granted to land
|
| 213(1)
| Minister's power in ownership dispute
|
| (2)
| Money deemed paid according to arrangement
|
| 214(1)
| Minister may authorize for missing royalty owner
|
| (2)
| Public notice of application
|
| (3)
| Money payable to Minister of Finance
|
| (4)
| Application to court re royalty
|
| (5)
| Court to order money paid out
|
| (6)
| Deduction for costs and services
|
| (7)
| Crown not liable for court costs
|
| (8)
| Reversion of rights to the Crown
|
| 215
| Measurement of oil, gas or water
|
| 216
| Immunity for acts or omissions in good faith
|
|
| REGULATIONS
|
| 217(1)
| L.G. in C. regulations
|
| (2)
| Adoption of code or standard by reference
|
|
| PART 21
|
|
| TRANSITIONAL
|
| 218
| Definition of "former Act"
|
| 219
| Crown oil and gas dispositions continued
|
| 220
| Licences and permits continued
|
| 221
| Approvals under former Act
|
| 222
| Orders by board or minister under former Act
|
| 223
| Registration of oil and gas lease agent
|
| 224(1)
| Lapse of registration under Real Property Act and Registry Act
|
| (2)
| Notice to be given within six months
|
| (3)
| District registrar and assurance fund not liable
|
|
| PART 22
|
|
| CONSEQUENTIAL AMENDMENTS
|
| 225 to 239
|
|
|
| PART 23
|
|
| REPEALS, CITATION AND COMING INTO FORCE
|
|
| The Mines Act
|
| 240
| C.C.S.M. c. M160 repealed
|
|
| The Pipe Line Act
|
| 241
| C.C.S.M. c. P70 repealed
|
| 242
| C.C.S.M. reference
|
| 243
| Coming into force
|
