Canada Petroleum Resources Act (R.S.C., 1985, c. 36 (2nd Supp.))

Marginal note:Remedies not exhaustive

73 The existence or exercise of any remedy that Her Majesty in right of Canada has under this Part does not affect any other remedy that Her Majesty has at law, including any remedy that the Minister may exercise under section 105.

Regulations

Marginal note:Regulations

• 74 (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Part and, without restricting the generality of the foregoing, may make regulations

  • (a) prescribing royalties payable under this Part and the rates at which such royalties are payable;

  • (b) prescribing the manner of calculating or determining any royalty prescribed under paragraph (a) and any component thereof or value in relation thereto, including the valuation of petroleum produced and any costs, expenses, allowances, credits and other amounts that may be deducted in calculating or determining the amount of royalty payable and generally providing for any other matter or thing necessary for or incidental to such calculation or determination;

  • (c) exempting, conditionally or unconditionally, any person or persons of any class from the payment of, in whole or in part, any royalty under this Part or exempting any petroleum produced from frontier lands from the application of this Part;

  • (d) prescribing the circumstances in which and the terms and conditions subject to which the Minister may require all or part of any royalty payable under this Part to be paid in money or in kind and prescribing the manner of calculating or determining the payment in kind;

  • (e) prescribing or prescribing the manner of calculating or determining penalties for failure to comply with section 57 or 58;

  • (f) prescribing the rate at which interest on arrears of royalties, interest and penalties owing to Her Majesty in right of Canada under this Part or on amounts of refunds payable by the Minister under this Part is payable and the manner of determining or calculating the interest payable; and

  • (g) prescribing anything that, by this Part, is to be prescribed.

• Marginal note:Regulations relating to class of petroleum

  (2) Regulations under subsection (1) may be made in respect of all petroleum produced from frontier lands or any class thereof.

• Marginal note:Application of regulations

  (3) Regulations made under subsection (1) may apply generally to all frontier lands or any portion thereof.

PART VIIEnvironmental Studies Research Fund

Marginal note:Definitions

75 In this Part,

Board

Board means the Environmental Studies Management Board established by subsection 78(1); (Conseil)

Fund

Fund means the Environmental Studies Research Fund (NR) established under subsection 76(1) or the Environmental Studies Research Fund (IAND) established under that subsection, or both, as the context requires; (fonds)

Minister

Minister means the Minister of Natural Resources or the Minister of Northern Affairs, or both, as the context requires. (ministre)

Marginal note:Funds established

• 76 (1) There shall be established in the accounts of Canada

  • (a) an account under the administrative responsibility of the Minister of Natural Resources, to be known as the Environmental Studies Research Fund (NR), which shall include a sub-account for each prescribed region of frontier lands within the area under that Minister’s responsibility; and

  • (b) an account under the administrative responsibility of the Minister of Northern Affairs, to be known as the Environmental Studies Research Fund (IAND), which shall include a sub-account for each prescribed region of frontier lands within the area under that Minister’s responsibility.

• Marginal note:Purpose of Funds

  (2) The purpose of the Funds is to finance environmental and social studies pertaining to the manner in which, and the terms and conditions under which, exploration, development and production activities on frontier lands authorized under this Act or any other Act of Parliament should be conducted.

Marginal note:Credits and charges

• 77 (1) There shall be credited to each sub-account all amounts deposited for payment into that sub-account pursuant to this Part and there shall be charged against that sub-account all amounts paid out of the Consolidated Revenue Fund under this section.

• Marginal note:Maximum amount of Funds

  (2) The total amount of each of the Funds established under subsection 76(1) shall not, at any time, exceed fifteen million dollars and every levy under this Part for the respective Fund or a sub-account included in that Fund is inoperative during any period that the Fund exceeds such total amount.

• Marginal note:Appropriation and charges against Funds

  (3) There may be paid out of the Consolidated Revenue Fund and charged against the balance standing to the credit of the Funds

  • (a) the reasonable costs and expenses of environmental and social studies referred to in subsection 76(2);

  • (b) the reasonable costs and expenses of publishing reports of environmental and social studies referred to in subsection 76(2);

  • (c) the reasonable travel and living expenses incurred by the members of the Board in the exercise of the powers and the performance of the duties and functions of the Board under this Part; and

  • (d) any other costs and expenses reasonably incurred in connection with the management, operation and administration of the Funds, including any amounts referred to in paragraph 82(3)(c).

• Marginal note:Study relating to one region

  (4) Where an environmental or social study relates to one prescribed region exclusively, the costs of that study shall be charged against the sub-account for that region.

• Marginal note:Study relating to more than one region

  (5) Where an environmental or social study relates to more than one prescribed region, the costs of that study shall be charged against the sub-accounts for such regions in accordance with the allocation made by the Board.

• Marginal note:Allocation of other expenses

  (6) All other costs and expenses payable from the Funds in any year shall be allocated to and be charged against any sub-account in the manner determined by the Board.

Marginal note:Establishment of Board

• 78 (1) There is hereby established a board, to be known as the Environmental Studies Management Board, consisting of such number of members as may be fixed by the Governor in Council.

• Marginal note:Appointment of members

  (2) Subject to the regulations, members of the Board are to be appointed jointly by both Ministers and shall hold office during pleasure.

• Marginal note:Selection of members from federal public administration and industry

  (3) Members of the Board are to be selected for appointment pursuant to subsection (2) from the federal public administration or the public service of any province or from among persons nominated by interest owners.

• Marginal note:Idem

  (4) No person may be appointed pursuant to subsection (2) unless that person appears to have specialized technical knowledge or expertise relevant to the purpose of the Fund.

• Marginal note:Exception

  (5) Notwithstanding subsections (2) to (4), each Minister may appoint from the public one member to the Board.

• Marginal note:Chairman of the Board

  (6) The chairman of the Board is to be appointed jointly by both Ministers from among the members of the Board.

• Marginal note:Expenses

  (7) Each member of the Board shall be paid reasonable travel and living expenses incurred by the member in the exercise of the powers and the performance of the duties and functions of the Board under this Part.

Marginal note:Duties and functions of Board

• 79 (1) Unless otherwise provided in an agreement entered into pursuant to section 82, the Board shall

  • (a) establish guidelines and procedures for

    • (i) determining the environmental and social studies referred to in subsection 76(2) that should be conducted in relation to frontier lands,

    • (ii) approving the costs and expenses related to such studies, and

    • (iii) selecting persons to carry out such studies;

  • (b) advise each Minister on any matter relating to the management, operation and administration of the Fund under the administrative responsibility of that Minister that the Board considers appropriate or that is referred to the Board by that Minister;

  • (c) submit to each Minister for approval, not later than sixty days before the end of each year, a budget for the Fund under the administrative responsibility of that Minister in respect of the year next following in relation to that Fund;

  • (d) submit to each Minister an annual report respecting the Fund under the administrative responsibility of that Minister not later than sixty days after the end of each year in relation to that Fund;

  • (e) make recommendations to the Ministers respecting the rates to be fixed pursuant to subsection 80(1); and

  • (f) exercise such other powers and perform such other duties and functions with respect to the management, operation and administration of the Funds as may be prescribed.

• Marginal note:Budget

  (2) A budget for a Fund submitted under paragraph (1)(c) in relation to any year shall contain

  • (a) an estimate of all costs and expenses related to the environmental and social studies anticipated to be approved in that year;

  • (b) an estimate of all costs and expenses related to the management, operation and administration of the Fund for that year; and

  • (c) such other information as may be required by the Minister having administrative responsibility for that Fund.

• Marginal note:Annual report

  (3) An annual report respecting a Fund submitted under paragraph (1)(d) shall contain such financial and other information as may be required by the Minister having administrative responsibility for that Fund.

• Marginal note:By-laws of the Board

  (4) The Board may make by-laws respecting

  • (a) the establishment of an executive committee and other committees of the Board;

  • (b) the calling and conduct of meetings of the Board and any committees thereof;

  • (c) the manner of dealing with matters and business before the Board and any committees thereof;

  • (d) the exercise of the powers and the performance of the duties and functions of the Board and the committees and members thereof; and

  • (e) any other matter or thing relating to the operation of the Board.

• Marginal note:Effect of by-law

  (5) A by-law of the Board made under subsection (4) is not effective until both Ministers have approved the by-law in writing.

• Marginal note:Directives by Minister

  (6) The Board shall, in the exercise of its powers and the performance of its duties and functions under this Part, comply with such directives as have been issued jointly by both Ministers to the Board.

Marginal note:Fixing rates

• 80 (1) Each Minister may, for the purposes of this Part, after considering any recommendations made to that Minister by the Board pursuant to paragraph 79(1)(e), fix a rate for each prescribed region of frontier lands within the area under the administrative responsibility of that Minister.

• Marginal note:Recommendations

  (2) In fixing a rate under subsection (1), the Minister is not bound by a recommendation of the Board.

Marginal note:Payment into sub-accounts

• 81 (1) Every interest owner of an interest in relation to frontier lands situated in a prescribed region shall deposit for payment into the sub-account for that region, at the times and in the manner determined by the Board, an amount equal to the product of the number of hectares of frontier lands that are subject to the interest and situated in the region and the rate fixed under subsection 80(1) in respect of that region.

• Marginal note:Initial payment

  (2) Subject to subsection (3), where an interest is issued at any time in relation to frontier lands that were Crown reserve lands immediately before that time, the interest owner shall deposit for payment into the applicable sub-accounts, at the times and in the manner determined by the Board, an amount equal to the aggregate of the amounts that would have been payable by the interest owner in respect of a Fund under this Part or in respect of a fund under the Canada Oil and Gas Act, as it read immediately before the coming into force of this section, during the year in which the interest is issued and the two years immediately preceding that year had such frontier lands been subject to an interest held by the interest owner during such period.

• Marginal note:Reduction of initial payment

  (3) The amount payable by an interest owner under subsection (2) shall be reduced by the amount, if any, deposited for payment pursuant to subsection (1) or (2) in respect of the same frontier lands by a prior interest owner during the period referred to in subsection (2).

• Marginal note:Exemption

  (4) Each Minister may, on the recommendation of the Board, exempt from the payment under this section of any amount into a sub-account under the administrative responsibility of that Minister an interest owner in respect of frontier lands subject to the interest of that interest owner in areas where, by virtue of an order under subsection 12(1), any work or activity has been prohibited.

• Marginal note:No liability where surrender of lands

  (5) An interest owner shall not be liable to pay any amount under this section in respect of any frontier lands in relation to which the interest owner has surrendered the interest of the interest owner prior to the time for payment of the amount determined pursuant to subsection (1).

• Marginal note:Representative of interest owner collects

  (6) Where an interest owner consists of two or more holders, amounts payable under this Part shall be collected and remitted on behalf of the interest owner by the representative of the interest owner for that purpose.

Marginal note:Order in Council authorizing agreement for trust

• 82 (1) The Governor in Council may authorize the Minister to enter into an agreement under subsection (2).

• Marginal note:Administration agreement

  (2) The Minister may, where authorized by the Governor in Council pursuant to subsection (1), enter into an agreement with any person appointing that person to act as administrator of the Fund.

• Marginal note:Terms of agreement

  (3) An agreement entered into pursuant to subsection (1) shall provide for

  • (a) the powers, duties and functions of the administrator with respect to the Fund;

  • (b) the payment of the expenses and fees of the administrator; and

  • (c) any other relevant matter or thing.