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
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| Crown bound
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| PART 2
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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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| 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)
| 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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| 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
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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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| PART 5
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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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| PART 6
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| PART 7
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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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| PART 8
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| WELL LICENCES
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| 88
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| 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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| PART 9
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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
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| 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
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| Well or battery may be seized
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| 125
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| 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
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| 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
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| Minister to determine costs
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| 130
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| Inclusion of spacing unit in unit area
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| 131
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| 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
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| Unit agreement in force only on registration
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| 133
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| Crown may be party to unit agreement
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| UNIT ORDERS
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| 134
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| 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
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| Minister may appoint unit operator
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| 137
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| 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
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| 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
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| Transfer of disposition not required
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| 142
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| Effect of unit order and unit agreement
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| 143
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| Unit operation satisfies lease obligation
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| 144
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| 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
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| 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
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| 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
|
| 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
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| 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
|
| STORAGE RESERVOIRS
|
| 159
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| Definitions
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| STORAGE PERMIT
|
| 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
|
| 164
|
| Holder of permit to report to director
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| COMPENSATION
|
| 165
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| 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
|
| 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
|
| 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
|
| 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
|
| 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
|
| ENFORCEMENT
|
| 173
|
| Definitions
|
| 174
|
| Notice of non-compliance
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| SHUT DOWN
|
| 175
|
| Application of sections 176 to 179
|
| 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
|
| 180
| (1)
| Definitions
|
|
| (2)
| Shut down notice re pipeline, storage reservoir
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|
| (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
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| SEIZURE
|
| 182
| (1)
| Seizure on failure to comply
|
|
| (2)
| Director to supervise seized well or facility
|
|
| (3)
| Payment of royalty
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| 183
| (1)
| Surface rights vest in Crown
|
|
| (2)
| Crown not subject to penalty
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| 184
| (1)
| Holder responsible for costs and expenses
|
|
| (2)
| Recovery by Crown
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|
| (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
|
| PART 16
|
| 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
|
| PART 17
|
| 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
|
| PART 18
|
| 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
|
| PART 19
|
| 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
|
| 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
|
| Repealed
|
| 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
|
