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An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (S.C. 2019, c. 28)

Assented to 2019-06-21

PART 4Consequential and Coordinating Amendments and Coming into Force (continued)

Consequential Amendments (continued)

R.S., c. O-7Canada Oil and Gas Operations Act (continued)

Marginal note:2007, c. 35, s. 149

 The portion of section 5.32 of the Act before paragraph (b) is replaced by the following:

Marginal note:Mandatory orders

5.32 The Commission of the Canadian Energy Regulator may

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

Marginal note:2015, c. 4, s. 7

 The portion of paragraph 5.34(b) of the Act before subparagraph (i) is replaced by the following:

  • (b) the information is financial, commercial, scientific or technical information that is confidential information supplied to the Canadian Energy Regulator and

Marginal note:1992, c. 35, s. 12; 2014, c. 13, s. 102

 Section 5.4 of the Act is replaced by the following:

Marginal note:Council established

  • 5.4 (1) There is established a council, to be known as the Oil and Gas Administration Advisory Council, consisting of the following six members, namely, the Chairperson of the Canada-Nova Scotia Offshore Petroleum Board, the Chairperson of the Canada–Newfoundland and Labrador Offshore Petroleum Board, the Chairperson of the board of directors of the Canadian Energy Regulator, a person designated jointly by the federal Ministers, a person designated by one of the Provincial Ministers and a person designated by the other Provincial Minister.

  • Marginal note:Duty of Council

    (2) The Council shall promote consistency and improvement in the administration of the regulatory regime in force under this Act and Part III of the Accord Acts and provide advice respecting those matters to the federal Ministers, the Provincial Ministers, the Canadian Energy Regulator and the Boards referred to in subsection (1).

Marginal note:1992, c. 35, s. 12

 Subsection 5.5(2) of the Act is replaced by the following:

  • Marginal note:Purpose

    (2) The Board shall inquire as to existing training standards and, if necessary, develop or encourage the development of training standards and shall recommend the adoption of training standards to the federal and Provincial Ministers, to the Canadian Energy Regulator and to the Boards referred to in subsection 5.4(1).

Marginal note:2007, c. 35, s. 150

 Subsections 13.13(1) and (2) of the Act are replaced by the following:

Marginal note:Contracts limiting liability

  • 13.13 (1) Except as provided in this section, no contract, condition or notice made or given by a holder limiting its liability in respect of the transmission of oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas relieves the holder from its liability, unless that class of contract, condition or notice is included as a term or condition of its tariffs as filed or has been first authorized or approved by order of the Commission of the Canadian Energy Regulator.

  • Marginal note:Commission may determine limits

    (2) The Commission of the Canadian Energy Regulator may determine the extent to which the liability of a holder may be impaired, restricted or limited as provided in this section.

Marginal note:1994, c. 10, s. 8

 Sections 21 and 22 of the Act are replaced by the following:

Marginal note:Appeal

21 A person aggrieved by an order of the Chief Conservation Officer under section 17 or 19 after an investigation under subsection 19(2) or (3) may appeal to the Commission of the Canadian Energy Regulator to have the order reviewed under section 384 of the Canadian Energy Regulator Act.

Marginal note:Waste occuring

22 When the Chief Conservation Officer, on reasonable grounds, is of the opinion that waste, as defined in paragraph 18(2)(f) or (g), is occurring in the recovery of oil or gas from a pool, that Officer may apply to the Commission of the Canadian Energy Regulator for an order under section 385 of the Canadian Energy Regulator Act requiring the operators within the pool to show cause why the Commission should not make a direction in respect of the waste.

Marginal note:1994, c. 10, s. 9

 Subsections 25(8) and (9) of the Act are replaced by the following:

  • Marginal note:Appeal

    (8) A person aggrieved by any action or measure taken or authorized or directed to be taken under subsections (4) to (6) may appeal to the Commission of the Canadian Energy Regulator to have the order reviewed under section 384 of the Canadian Energy Regulator Act.

  • Marginal note:Personal liability

    (9) No person required, directed or authorized to act under this section or section 384 of the Canadian Energy Regulator Act is personally liable, either civilly or criminally, in respect of any act or omission in the course of complying with this section unless it is shown that the person did not act reasonably in the circumstances.

Marginal note:2015, c. 4, s. 24

 Subsection 48.13(1) of the Act is replaced by the following:

Marginal note:Notice from Canadian Energy Regulator

  • 48.13 (1) If the Canadian Energy Regulator receives a notice from a regulator indicating the regulator’s determination as to whether a pool exists in an area adjoining the perimeter and, if applicable, whether there is reason to believe the pool extends into the perimeter, the Commission of the Canadian Energy Regulator shall, within 90 days after the day on which the notice is received, inform the regulator of its agreement or disagreement with the content of the notice.

Marginal note:1994, c. 10, s. 11

 Section 53 of the Act is replaced by the following:

Marginal note:Officers

53 The Chief Executive Officer of the Canadian Energy Regulator designates the safety officers and conservation officers necessary for the administration and enforcement of this Act and the regulations from among the employees of the Canadian Energy Regulator.

Marginal note:1992, c. 35, s. 29; 1994, c. 10, s. 15

 Section 55 of the Act is replaced by the following:

Marginal note:Certificate

55 The Chief Executive Officer of the Canadian Energy Regulator must provide every safety officer and conservation officer and the Chief Safety Officer and the Chief Conservation Officer with a certificate of appointment or designation and, on entering any place under this Act, the officer must, upon request, produce the certificate to the person in charge of the place.

Marginal note:1994, c. 10, s. 12(2); 2015, c. 21, s. 46(4)(E)

 Subsections 58(5) and (6) of the Act are replaced by the following:

  • Marginal note:Referral for review

    (5) A person carrying out an operation to which an order made under subsection (1) refers, or any person having a pecuniary interest in that operation, may, by notice in writing, request the Chief Safety Officer or the Chief Conservation Officer, as the case may be, to refer the order to the Commission of the Canadian Energy Regulator for a review of the need for the order under section 386 of the Canadian Energy Regulator Act and, on receiving the notice, that Chief Officer must refer the order accordingly.

  • Marginal note:Prohibition

    (6) A person is prohibited from continuing an operation in respect of which an order has been made under this section, except in accordance with the terms of the order or until the order has been set aside by the Commission of the Canadian Energy Regulator under section 386 of the Canadian Energy Regulator Act.

Marginal note:1994, c, 10, s. 14

 Section 63 of the Act is replaced by the following:

Marginal note:Presumption against waste

63 A person does not commit an offence under subsection 18(1) by reason of committing waste as defined in paragraph 18(2)(f) or (g) unless the person has been ordered by the Commission of the Canadian Energy Regulator under section 385 of the Canadian Energy Regulator Act to take measures to prevent the waste and has failed to comply.

 Subsection 65(4) of the English version of the Act is amended by replacing “National Energy Board” with “Canadian Energy Regulator”.

  •  (1) The Act is amended by replacing “National Energy Board” and “Board” with “Canadian Energy Regulator” and “Regulator”, respectively, in the following provisions:

    • (a) paragraph 4.2(1)(a) and the portion of paragraph 4.2(1)(b) before subparagraph (i);

    • (b) paragraph 5(4)(c);

    • (c) subsection 5.1(2);

    • (d) subsection 5.3(1);

    • (e) section 5.37;

    • (f) sections 13.03 and 13.04;

    • (g) subsection 48.18(1);

    • (h) subsection 58(2); and

    • (i) subsection 65(3).

  • (2) The Act is amended by replacing “National Energy Board” and “Board” with “Commission of the Canadian Energy Regulator” and “Commission”, respectively, in the following provisions:

    • (a) the definitions abandoned pipeline and straddling resource in section 2;

    • (b) section 3.2;

    • (c) the portion of subsection 4.01(1) before paragraph (a) and subsections 4.01(2.1) and (2.2);

    • (d) section 4.1;

    • (e) the portion of subsection 5(1) before paragraph (a), subsection 5(3), the portion of subsection 5(4) before paragraph (a) and the portion of subsection 5(5) before paragraph (a);

    • (f) subsections 5.001(1), (4) and (5);

    • (g) section 5.012;

    • (h) sections 5.02 to 5.03;

    • (i) subsections 5.1(1), (4), (5), (6.1), (6.3), (6.4) and (8) to (11);

    • (j) the portion of subsection 5.11(1) before paragraph (a), the portion of subsection 5.11(2) before paragraph (a) and subsections 5.11(3) and (4);

    • (k) subsection 5.12(1), paragraphs 5.12(3)(b) and (4)(a) and subsection 51.2(7);

    • (l) section 5.31 and the heading before it;

    • (m) sections 5.331 and 5.34;

    • (n) the portion of section 5.35 before paragraph (a);

    • (o) sections 5.351 and 5.36;

    • (p) section 13.02 and the heading before it;

    • (q) sections 13.06 to 13.09;

    • (r) subsections 13.12(2);

    • (s) subsection 13.13(3);

    • (t) sections 13.14 and 13.15;

    • (u) paragraphs 14(1)(c) and (h.2);

    • (v) section 15.1;

    • (w) subsection 18(1);

    • (x) subsections 26.1(1) to (3) and (5);

    • (y) subsections 27(1), (1.2), (2) and (3);

    • (z) subsection 27.1(1);

    • (z.1) the definition transboundary in section 29;

    • (z.2) section 48.02;

    • (z.3) subsection 48.05;

    • (z.4) subsections 48.11 and 48.12;

    • (z.5) subsection 48.13(2);

    • (z.6) section 48.14;

    • (z.7) paragraph 60(1)(d);

    • (z.8) paragraphs 65(1)(c) to (e);

    • (z.9) the portion of subsection 65.1(1) before paragraph (a);

    • (z.10) the portion of section 71.02 before paragraph (a);

    • (z.11) sections 71.2 to 71.5;

    • (z.12) subsection 72(1); and

    • (z.13) section 72.02.

 
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