C.C.S.M. c. O34
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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
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| Crown bound
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ADMINISTRATION
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5
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| General authority of the minister
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6
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| Annual report
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7
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| 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
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| Minister may extend time
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10
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| 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
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| Note of decision on record of disposition
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17
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| 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
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| Use or disclosure of confidential information
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21
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| 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
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| L.G. in C. may appoint person
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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)
| Statutes and 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
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| Board may seek expert assistance
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28
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| Board and expert have power of inspector
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29
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| 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
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| Minister may extend or abridge time
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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
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| Disposition in accordance with Act
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35
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| Issuance of disposition by minister
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36
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| Refusal to issue disposition
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37
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| Additional terms and conditions
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38
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| Form and execution of disposition
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39
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| Registration of executed disposition
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40
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| Right of access to oil and gas
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EXPLORATION RESERVATIONS
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41
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| Rights granted
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42
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| 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
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| 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
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| Prohibition
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48
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| Surrender of exploration reservation
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LEASE
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49
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| Rights granted by lease
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50
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| 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
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| Annual rent
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55
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| Division of lease area into parts
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56
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| Surrender of lease area
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57
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| 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
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| 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
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| Cancellation on misrepresentation, bankruptcy
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63
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| 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
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| Waiver of term or condition by minister
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66
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| Disposal of Crown rights in Northern Manitoba
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67
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| Agreements on helium and oil shale
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REGISTRATION OF TRANSFERS AND INSTRUMENTS
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68
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| 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
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| Cancellation of registration
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76
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| Repealed
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GEOPHYSICAL OPERATIONS
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83
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| 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
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| Application of Surface Rights Act
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86
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| Licensee to comply with licence and Act
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87
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| Director to approve transfer of licence
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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
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| Licence void where licensee does not have rights
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93
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| 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
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| Drilling to be done at authorized location
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96
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| Licensee responsible for operations
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97
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| 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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OIL AND GAS PRODUCTION AND CONSERVATION
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101
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| Definitions
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SPACING UNITS AND TARGET AREAS
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102
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| 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
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| 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
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| Restriction of production
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107
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| New well in spacing unit already producing
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108
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| 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
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| 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
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| 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
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| 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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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
|
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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UNIT OPERATIONS
|
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
|
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
|
141
|
| Transfer of disposition not required
|
142
|
| Effect of unit order and unit agreement
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143
|
| Unit operation satisfies lease obligation
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144
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| Allocated production deemed from unit tract
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FLOW LINES AND PIPELINES
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FLOW LINES
|
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
|
PIPELINES
|
148
|
| Definitions
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PIPELINE CONSTRUCTION
|
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
|
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
|
152
| (1)
| Pipeline operating licence required
|
| (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
|
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
|
154
|
| Public safety and the environment
|
155
|
| Constructing pipeline or flow line over highway
|
156
| (1)
| Relocation of pipeline or flow line
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| (2)
| Allocation of costs
|
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
|
158
|
| Transfer of permit or licence
|
STORAGE RESERVOIRS
|
159
|
| Definitions
|
STORAGE PERMIT
|
160
| (1)
| No storage reservoir without storage permit
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| (2)
| Effect of storage permit
|
161
|
| Application of Public Utilities Board Act
|
162
| (1)
| Application to the minister
|
| (2)
| Consideration of application by minister
|
| (3)
| Minister may issue storage permit
|
163
|
| Minister must approve transfer of storage permit
|
164
|
| Holder of permit to report to director
|
COMPENSATION
|
165
|
| Subsurface operation in designated storage area
|
166
| (1)
| Compensation for adverse effect on access
|
| (2)
| Application to minister
|
| (3)
| Compensation payable to Crown
|
PERFORMANCE SECURITY
|
167
| (1)
| No licence or permit without performance security
|
| (2)
| Refund where licence or permit not issued
|
PERFORMANCE DEPOSIT
|
168
| (1)
| Use of performance deposit
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| (2)
| Performance deposit to be maintained
|
169
| (1)
| Refund respecting geophysical operation
|
| (2)
| Refund on abandonment or transfer
|
170
| (1)
| Persons entitled to refund
|
| (2)
| Where person cannot be found
|
ABANDONMENT
|
171
| (1)
| Certificate of Abandonment
|
| (2)
| Inspector may issue Certificate of Abandonment
|
| (3)
| Effect of Certificate on performance deposit
|
| (4)
| Liability for rehabilitation
|
| (5)
| No waiver of The Surface Rights Act
|
ABANDONMENT FUND
|
172
| (1)
| Prescribed non-refundable levy
|
| (2)
| Payment of levy
|
| (3)
| Abandonment Fund Reserve Account
|
| (4)
| Authority to pay
|
| (5)
| Expenditure commitment not to lapse
|
| (6)
| Recovery of expenditure from reserve account
|
ENFORCEMENT
|
173
|
| Definitions
|
174
|
| Notice of non-compliance
|
SHUT DOWN
|
175
|
| Application of sections 176 to 179
|
176
| (1)
| Shut down notice re well or oil and gas facility
|
| (2)
| Content of shut down notice
|
| (3)
| Shut down order
|
177
| (1)
| Emergency shut down of well or facility
|
| (2)
| Inspector to notify operator and director
|
| (3)
| Notification constitutes shut down order
|
| (4)
| Shut down of geophysical operations
|
178
|
| Authorization to resume operation
|
179
| (1)
| Appeal of shut down order to minister
|
| (2)
| Powers of the minister on appeal
|
| (3)
| Appeal does not stay shut down order
|
180
| (1)
| Definitions
|
| (2)
| Shut down notice re pipeline, storage reservoir
|
| (3)
| Content of shut down notice
|
| (4)
| Shut down order
|
| (5)
| Emergency shut down of pipeline, storage reservoir
|
| (6)
| Director to notify minister
|
| (7)
| Authorization to resume operations
|
181
| (1)
| Shut down order suspends rights
|
| (2)
| Removal of equipment after shut down order
|
SEIZURE
|
182
| (1)
| Seizure on failure to comply
|
| (2)
| Director to supervise seized well or facility
|
| (3)
| Payment of royalty
|
183
| (1)
| Surface rights vest in Crown
|
| (2)
| Crown not subject to penalty
|
184
| (1)
| Holder responsible for costs and expenses
|
| (2)
| Recovery by Crown
|
| (3)
| Priority of purchase money security interest
|
| (4)
| Costs are recoverable and a debt to Crown
|
| (5)
| Recovered money to be paid into fund
|
| (6)
| Surplus proceeds
|
| (7)
| Where person cannot be found
|
185
| (1)
| Application for review of seizure order
|
| (2)
| Application does not stay seizure order
|
| (3)
| Review powers of minister
|
186
|
| Application for accounting
|
187
| (1)
| Appeal of seizure order to Queen's Bench
|
| (2)
| Appeal does not stay seizure order
|
ROYALTIES
|
188
| (1)
| Royalties reserved to Crown
|
| (2)
| Subsection (1) is implied term and condition
|
189
| (1)
| L.G. in C. regulations
|
| (2)
| Method may be varied by order
|
190
|
| Crown is owner of royalty
|
191
|
| Minister may recalculate Crown's royalty
|
COLLECTION
|
192
| (1)
| Charges are recoverable as debt to Crown
|
| (2)
| Deduction of debt owing to Crown
|
193
| (1)
| Interest on debt
|
| (2)
| Interest on refund
|
194
| (1)
| Crown has lien for debt due
|
| (2)
| Priority of Crown's claim
|
195
| (1)
| Minister may issue certificate of default
|
| (2)
| Filing of certificate in Queen's Bench
|
| (3)
| Costs of filing recoverable
|
RECORDS AND REPORTS CONFIDENTIAL INFORMATION
|
RECORDS AND REPORTS
|
196
| (1)
| Operator and holder to keep information
|
| (2)
| Holder of well licence to provide data
|
| (3)
| Holder of well licence to obtain information
|
| (4)
| Purchaser, transporter to provide information
|
197
|
| Information to be produced on request
|
CONFIDENTIAL INFORMATION
|
198
| (1)
| Information is confidential
|
| (2)
| Information with application
|
| (3)
| Exception by written authorization
|
OFFENCES AND PENALTIES
|
199
| (1)
| Offences
|
| (2)
| Penalties
|
| (3)
| Continuing offence
|
| (4)
| Penalties for continuing offence
|
| (5)
| Repealed
|
| (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
|
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
|
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
|
| Repealed
|
224
| (1)
| Lapse of registration under Real Property Act and Registry Act
|
| (2)
| Notice to be given within six months
|
| (3)
| District registrar not liable
|
CONSEQUENTIAL AMENDMENTS
|
225 to 239
|
|
|
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
|