PART IIIPetroleum Operations (continued)
Licences and Authorizations (continued)
Operating Licences and Authorization for Work (continued)
Marginal note:Environmental assessment
138.01 (1) If an application for an authorization under paragraph 138(1)(b) or an application made under subsection 139(2) is in respect of a physical activity described in subsection (2), the Board shall issue the decision statement referred to in section 54 of the Canadian Environmental Assessment Act, 2012 in respect of the physical activity within 12 months after the day on which the applicant has, in the Board’s opinion, provided a complete application.
Marginal note:Physical activity
(2) The physical activity in question is a physical activity that:
(a) is carried out in the offshore area;
(c) is one for which the Board is the responsible authority as defined in subsection 2(1) of that Act; and
(d) is one in relation to which an environmental assessment was not referred to a review panel under section 38 of that Act.
It includes any physical activity that is incidental to the physical activity described in paragraphs (a) to (d).
Marginal note:Excluded period
(3) If the Board requires the applicant to provide information or undertake a study with respect to the physical activity, the period that is taken by the applicant, in the Board’s opinion, to comply with the requirement is not included in the calculation of the period referred to in subsection (1).
Marginal note:Public notice
(4) The Board shall, without delay, make public
- 2015, c. 4, s. 51
Marginal note:Participant funding program
138.02 The Board may establish a participant funding program to facilitate the participation of the public in the environmental assessment as defined in subsection 2(1) of the Canadian Environmental Assessment Act, 2012 of any physical activity described in subsection 138.01(2) that meets the condition set out in paragraph 58(1)(a) of that Act and that is the subject of an application for an authorization under paragraph 138(1)(b) or an application made under subsection 139(2).
- 2015, c. 4, s. 51
Marginal note:Right of entry
138.1 (1) Subject to subsection (2), any person may, for the purpose of exploring for or exploiting petroleum, enter on and use any portion of the offshore area in order to carry on a work or activity authorized under paragraph 138(1)(b).
(2) Where a person occupies a portion of the offshore area under a lawful right or title, other than an authorization under paragraph 138(1)(b) or an interest as defined in Part II, no person may enter on or use that portion for a purpose referred to in subsection (1) without the consent of the occupier or, where consent has been refused, except in accordance with the terms and conditions imposed by a decision of an arbitrator made in accordance with the regulations.
- 1992, c. 35, s. 58
Safety of Works and Activities
138.2 The Board shall, before issuing an authorization for a work or activity referred to in paragraph 138(1)(b), consider the safety of the work or activity by reviewing, in consultation with the Chief Safety Officer, the system as a whole and its components, including its structures, facilities, equipment, operating procedures and personnel.
- 1992, c. 35, s. 58
Marginal note:Net environmental benefit
138.21 The Board shall not permit the use of a spill-treating agent in an authorization issued under paragraph 138(1)(b) unless the Board determines that the use of the spill-treating agent is likely to achieve a net environmental benefit.
- 2015, c. 4, s. 52
Marginal note:Compliance with certain provisions
138.3 The Board shall, before issuing an authorization for a work or activity referred to in paragraph 138(1)(b), ensure that the applicant has complied with the requirements of subsections 162.1(1) or (2) and 163(1) or (1.01) in respect of that work or activity.
- 1992, c. 35, s. 58
- 2015, c. 4, s. 53
Development Plan Approval
Marginal note:Approval of general approach of development
(a) applicable to an authorization under paragraph 138(1)(b) to carry on work or activity in relation to developing a pool or field, and
(b) prescribed by the regulations for the purposes of this subsection
shall be granted, except with the approval of both Ministers, unless the Board, on application submitted in accordance with subsection (2), has approved a development plan relating to the pool or field pursuant to paragraphs (4)(a) and (b).
Marginal note:Application and submission of development plan
(2) For the purposes of subsection (1), an application for the approval of a development plan shall be submitted to the Board in the form and containing the information fixed by the Board, at such time and in such manner as may be prescribed, together with the proposed development plan in the form and containing the information described in subsection (3).
Marginal note:Development plan in two parts
(3) A development plan relating to the proposed development of a pool or field submitted pursuant to this section shall be set out in two parts, containing
(a) in Part I, a description of the general approach of developing the pool or field, and in particular, information, in such detail as may be prescribed, with respect to
(i) the scope, purpose, location, timing and nature of the proposed development,
(ii) the production rate, evaluations of the pool or field, estimated amounts of petroleum proposed to be recovered, reserves, recovery methods, production monitoring procedures, costs and environmental factors in connection with the proposed development, and
(iii) the production system and any alternative production systems that could be used for the development of the pool or field; and
(b) in Part II, all technical or other information and proposals, as may be prescribed, necessary for a comprehensive review and evaluation of the proposed development.
Marginal note:Approval of development plan
(4) After reviewing an application and development plan submitted by any person pursuant to this section the Board may, subject to such requirements as the Board deems appropriate or as may be prescribed, approve
Marginal note:Approval of amendments to plan
(5) Where a development plan has been approved pursuant to subsection (4), no amendment of Part I or II of the development plan shall be made unless it is approved by the Board in accordance with paragraph (4)(a) or (b), as the case may be.
Marginal note:Application of certain provisions
(6) Subsections (2) to (5) apply, with such modifications as the circumstances require, with respect to a proposed amendment to a development plan.
- 1987, c. 3, s. 139
- 1992, c. 35, s. 59
Marginal note:Declaration by applicant
139.1 (1) Subject to subsection (2), no authorization under paragraph 138(1)(b) shall be issued unless the Board has received, from the applicant for the authorization, a declaration in the form fixed by the Board that states that
(a) the equipment and installations that are to be used in the work or activity to be authorized are fit for the purposes for which they are to be used, the operating procedures relating to them are appropriate for those uses, and the personnel who are to be employed in connection with them are qualified and competent for their employment; and
(b) the applicant shall ensure, so long as the work or activity that is authorized continues, that the equipment and installations continue to be fit for the purposes for which they are used, the operating procedures continue to be appropriate for those uses, and the personnel continue to be so qualified and competent.
(2) [Repealed, 2014, c. 13, s. 23]
(3) Where the equipment, an installation, the operating procedures or any of the personnel specified in the declaration changes and no longer conforms to the declaration, the holder of the authorization shall provide the Board with a new declaration as soon as possible after the change occurs.
(4) The Board or any delegate of the Board is not liable to any person by reason only of having issued an authorization in reliance on a declaration made under this section.
- 1992, c. 35, s. 60
- 2014, c. 13, s. 23
- Date modified: