Marginal note:1992, c. 35, s. 8

• 41. (1) Subsection 5.01(1) of the Act is replaced by the following:

  Marginal note:Right of entry

  • 5.01 (1) Any person may, for the purpose of exploring for or exploiting oil or gas, maintaining safety or protecting the environment, enter on and use the surface of the land in any area in which this Act applies in order to carry on a work or activity authorized under paragraph 5(1)(b).

  • Marginal note:Right of entry — abandoned pipeline

    (1.1) Any person or their successor or assign may, for the purpose of maintaining safety or protecting the environment, enter on and use the surface of the land in any area in which this Act applies in order to carry on a work or activity in relation to an abandoned pipeline for which the person has received the leave required by paragraph 4.01(1)(d).

• Marginal note:2002, c. 10, s. 190

  (2) The portion of subsection 5.01(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Restriction

    (2) Despite subsections (1) and (1.1), if a person occupies land in an area to which this Act applies and that person owns or has title to the land — or has lawful possession of it, other than by virtue of an authorization under paragraph 5(1)(b) or an interest as defined in section 2 of the Canada Petroleum Resources Act — it is prohibited for anyone to enter on or use the surface of that land without the consent of the occupier or, if consent has been refused, except in accordance with the terms and conditions of

• Marginal note:2002, c. 10, s. 190

  (3) Subsection 5.01(3) of the Act is replaced by the following:

  • Marginal note:Exception

    (3) Subsections (1) to (2) do not apply in respect of Inuit-owned land as defined in subsection 2(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act.

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

42. Section 5.37 of the Act is replaced by the following:

43. The Act is amended by adding the following after section 15:

44. Section 54 of the Act is renumbered as subsection 54(1) and is amended by adding the following:

Marginal note:1992, c. 35, s. 29

45. Section 56 of the English version of the Act is replaced by the following:

Marginal note:1992, c. 35, s. 29

• 46. (1) Subsection 58(1) of the Act is replaced by the following:

  Marginal note:Power of officers

  • 58. (1) A safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may order that an operation or activity in any area to which this Act applies cease or be continued only in accordance with the terms of the order if the officer, on reasonable grounds, is of the opinion that its continuation could result in harm to a person, damage to the environment or property or a breach of security, or is not in compliance with this Act or the regulations, and

    • (a) the operation is in relation to the exploration or drilling for or the production, conservation, processing or transportation of oil or gas; or

    • (b) the activity is prohibited by an order or regulation made under section 15.1.

• Marginal note:1992, c. 35, s. 29; 1994, c. 10, s. 12(1)

  (2) Subsections 58(2) and (3) of the English version of the Act are replaced by the following:

  • Marginal note:Notice

    (2) The officer who makes an order under subsection (1) shall affix at or near the scene of the operation a notice of the order in a form approved by the National Energy Board.

  • Marginal note:Expiry of order

    (3) An order made by a safety officer or a conservation officer under subsection (1) expires 72 hours after it is made unless it is confirmed before that time by order of the Chief Safety Officer or the Chief Conservation Officer, as the case may be.

• Marginal note:1992, c. 35, s. 29

  (3) Subsection 58(4) of the Act is replaced by the following:

  • Marginal note:Modification or revocation

    (4) A safety officer or a conservation officer who makes an order under subsection (1) shall immediately so advise the Chief Safety Officer or the Chief Conservation Officer, as the case may be, and that Chief Officer may modify or revoke the order.

• Marginal note:1994, c. 10, s. 12(2)

  (4) Subsection 58(5) of the English version of the Act is replaced by the following:

  • Marginal note:Referral for review by National Energy Board

    (5) A person carrying out an operation to which an order under subsection (1) makes reference, 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 National Energy Board to review the need for the order under section 28.6 of the National Energy Board Act and, on receiving the notice, that Chief Officer shall refer the order accordingly.

COMING INTO FORCE

Marginal note:Order or 12 months after royal assent

47. The provisions of this Act come into force 12 months after the day on which this Act receives royal assent or on any earlier day or days to be fixed by order of the Governor in Council.