Bill C-74
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TABLE OF PROVISIONS
AN ACT TO IMPLEMENT THE ACCORD BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF QUEBEC FOR THE JOINT MANAGEMENT OF PETROLEUM RESOURCES IN THE GULF OF ST. LAWRENCE AND TO MAKE CONSEQUENTIAL AMENDMENTS TO OTHER ACTS
Preamble
SHORT TITLE
1. Canada–Quebec Gulf of St. Lawrence Petroleum Resources Accord Implementation Act
INTERPRETATION AND PURPOSE
2. Definitions
3. Interpretation
4. Inconsistency
5. Purpose
PRESCRIBING THE LIMITS OF THE JOINT MANAGEMENT AREA
6. Regulations
PRIOR APPROVAL FOR REGULATIONS
7. Approval of Provincial Minister — regulations
COST RECOVERY
8. Regulations respecting fees, etc.
9. Non-application of User Fees Act
10. Remittance of fees and charges
APPLICATION
11. Application
12. Her Majesty
AMENDMENT OF ACCORD
13. Amendment of accord
DISPUTE RESOLUTION
14. Definition of agreement
15. Arbitration panel
16. Amendment by regulation
DECISION-MAKING PROCEDURES AND ADMINISTRATIVE COORDINATION
17. Decisions — Ministers
18. Boards
19. Decisions — Boards
20. Amendment or rescission of decision
21. Joint document
PUBLIC HEARINGS
22. Public hearings
23. Confidentiality
24. Confidentiality — security
25. Exception
OIL AND GAS COMMITTEE
Constitution and Function
26. Oil and Gas Committee
27. Constitution
28. Qualification of members
29. Quorum
Inquiries and Hearings
30. Powers of Committee
Enforcement
31. Enforcement of Committee orders
REGULATIONS
32. Regulations
PART 1
PETROLEUM RESOURCES
Interpretation
33. Definitions
Division 1
General
Manner of Giving Notices
34. Notice
35. Documents
Appointments
36. Appointment of representative
General Rules Respecting Interests
37. No issuance of interests for certain areas
38. Surrender of interests
39. Prohibition orders
Division 2
General Rules Relating to the Issuance of Interests
General Authority
40. Authority to issue interests
Interests in Relation to Crown Reserve Areas
41. Calls for bids
42. Selection of bid
43. Issuance of interest not required
44. Exception to call for bids
45. Interest not vitiated
46. Manner of publication of notices
47. Regulations
Division 3
Exploration
Exploration Licences
48. Rights under exploration licences
49. Shares
50. Terms
51. Amendment of exploration licence
52. Effective date of exploration licence
53. Continuation of exploration licence
Significant Discoveries
54. Application for declaration of significant discovery
Significant Discovery Licences
55. Rights under significant discovery licence
56. Significant discovery licence
57. Reduction of area
58. Exploration licence ceases to have effect
Drilling Orders
59. Drilling orders
60. Provision of information
Division 4
Production
Commercial Discoveries
61. Application for declaration of commercial discovery
Development Orders
62. Notice of order to reduce term
Production Licences
63. Rights under production licence
64. Issuance
65. Consolidation of licences
66. Reduction of area
67. Term of production licence
68. Lapsing of other interests
Subsurface Storage Licences
69. Licence for subsurface storage
Division 5
Royalties
Payment of Royalties
70. Royalties
71. Remedies for unpaid royalties
72. Agreement concerning royalties
73. Definitions of “Mining Act” and “replacement act”
Liability and Collection of Royalties
74. Debts due to Government of Canada
Revenue Account
75. Revenue Account
76. Regulations
Division 6
Courts
77. Jurisdiction of courts
Division 7
Transfers, Assignments and Registration
Interpretation
78. Definitions
Transfer and Assignment
79. Notice of disposition of any interest
Registration
80. Establishment of register
81. Registration
82. Security notice carries forward to new interests
83. Registration
84. Registration as notice
85. Priority of rights
86. Demand for information
87. Notice to take proceedings
88. Transfer effective on registration
89. No restriction on rights
90. No action
91. Regulations
Division 8
Cancellation of Interests
92. Notice to comply
Division 9
Information
Disclosure of Information
93. Definitions
94. Notice — subsection 93(11)
95. Access to information
Hearings and Judicial Review
96. Notice
Regulations
97. Regulations
Division 10
Special Exploration Licences
98. Issuance
PART 2
PETROLEUM OPERATIONS
Interpretation
99. Definitions
Purpose
100. Purpose
Application
101. Application
Chief Safety Officer and Chief Conservation Officer
102. Designation
Status of an Order
103. Statutory Instruments Act
Prohibition and Limitations
104. Prohibition
105. Limitations on pipelines
Licences and Authorizations
Operating Licences and Authorizations for Work or Activity
106. Licences and authorizations
107. Environmental assessment
108. Participant funding program
109. Right of entry
Safety of Works and Activities
110. Review
Spill-treating Agent
111. Net environmental benefit
Financial Requirements
112. Compliance with certain provisions
Development Plan
113. Approval
Declarations
114. Declaration by applicant
Certificates
115. Certificate
Site Plans and Location Maps
116. Obligation
Benefits Plan Approval
117. Benefits plan
118. Maximization committee
Jurisdiction and Powers of the Boards
119. Jurisdiction
120. Orders and prohibitions
121. Committee’s decisions and orders
122. Conditional orders — delayed coming into force
Documents
123. Documents
Extended Formation Flow Tests
124. Title
Division 1
Traffic, Tolls and Tariffs
Interpretation
125. Definitions
Powers of the Boards
126. Regulation of traffic, etc.
Filing of Tariff
127. Tolls to be filed
128. Tariff — coming into force
Just and Reasonable Tolls
129. Tolls to be just and reasonable
130. Boards’ determinations
131. Interim tolls
Disallowance or Suspension of Tariff
132. Disallowance of tariff
133. Suspension of tariff
Unjust Discrimination
134. No unjust discrimination
135. Burden of proof
136. No rebates, etc.
Contracts Limiting Liabilities
137. Contracts limiting liability
Transmission of Oil or Gas
138. Oil
139. Holder’s powers
Transmission and Sale of Gas
140. Extension of services
Regulations
141. Regulations
Division 2
Regulation of Operations
General
142. Governor in Council’s regulatory power
143. Amendment to Schedule 3 or 4
143.1 List of spill-treating agents
144. Equivalent standards and exemptions
145. Definitions
146. Emergency situations
147. Production orders
148. Application for review by Boards
Waste
149. Waste prohibited
150. Prevention of waste
151. Taking over management
152. When waste occurs
Spills and Debris
153. Definitions
154. Spills prohibited
155. Spill-treating agents
156. Canadian Environmental Protection Act, 1999
157. Fisheries Act — civil liability
158. Notice
159. Scientific research
160. Recovery of loss, damage, costs or expenses
161. Financial resources — certain activities
162. Financial responsibility
163. Lesser amount
Inquiries
164. Inquiries
Division 3
Production Arrangements
Interpretation
165. Definitions
Pooling
166. Voluntary pooling
167. Application for pooling order
168. Effect of pooling order
169. Application to alter pooling order
170. Prohibition
Unitization
171. Unit operation
172. Requiring unitization to prevent waste
Compulsory Unitization
173. Who may apply for unitization order
174. Contents of unitization application
175. Hearing on application
176. Effective date of unitization order
177. Technical defects in unitization order
178. Amending unitization order
179. Protection of tract participation ratios
180. Production prohibited except in accord with unitization order
181. Determination of percentages of interests
General
182. Pooled spacing unit included in unit area
Division 4
Appeals and Administration
Appeals
183. Orders and decisions final
184. Stated case for Superior Court of Quebec
185. Ministers may review orders of Committee
186. Appeal to Superior Court of Quebec
Safety and Conservation Officers
187. Designation
188. Orders for verifying compliance
189. Assistance to officers
190. Reports to holder of authorization
191. Entering living quarters
192. Obstruction and false statements
193. Authority to issue warrant
194. Storage and removal
195. Dangerous operation
196. Priority
Installation Manager
197. Installation manager
Offences and Penalties
198. Offences
199. Liability of officers, etc.
200. Imprisonment precluded in certain cases
201. Order of court
202. Variation of sanctions
203. Subsequent applications with leave
204. Recovery of fines and amounts
205. Order to comply
206. Continuing offences
207. Time limited for summary proceedings — summary conviction
208. Evidence
209. No proceedings without consent
210. Action to enjoin not prejudiced by prosecution
211. Information
Administrative Monetary Penalties
Powers
212. Regulations
213. Powers
Violations
214. Commission of violation
215. Liability of directors, officers, etc.
216. Proof of violation
217. Issuance and service of notice of violation
Rules About Violations
218. Certain defences not available
219. Continuing violation
220. Violation or offence
221. Limitation or prescription period
Reviews
222. Right to request review
223. Correction or cancellation of notice of violation
224. Review
225. Object of review
226. Burden of proof
Responsibility
227. Payment
228. Failure to act
Recovery of Penalties
229. Debt to Her Majesty
230. Certificate
General
231. Admissibility of documents
232. Publication
Regulations
233. Regulations
PART 3
SHARING TAX REVENUES
Interpretation
234. Definitions
Corporate Income Tax
235. Imposition of tax
Payroll Tax
236. Imposition of tax
Insurance Premiums Tax
237. Imposition of tax
Further Adaptations
238. Adaptations — tax administration enactment
Administration
239. Minister’s duty
240. Remittance to Canada
241. Notification
242. Debts due to Her Majesty
Courts
243. Jurisdiction of courts
Regulations
244. Regulations
245–246. AMENDMENTS TO THIS ACT
CONSEQUENTIAL AMENDMENTS
247. Canada Pension Plan
248. National Energy Board Act
249–251. Canada Oil and Gas Operations Act
252–254. Income Tax Act
255–256. Canadian Environmental Assessment Act, 2012
COORDINATING AMENDMENTS
257. 2015, c. 4
COMING INTO FORCE
258. Order in council
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4