Indian Oil and Gas Act (R.S.C., 1985, c. I-7)

Marginal note:Inconsistency with first nation laws

4.3 Regulations made under this Act prevail over any by-laws or other laws made by a first nation under another Act of Parliament to the extent of any inconsistency between them, unless otherwise provided by regulations made under this Act.

General

Marginal note:Powers of Minister

• 5 (1) The Minister may

  • (a) order the suspension of exploration for or exploitation of oil or gas situated in first nation lands or order a contract holder or operator to take remedial action if, in the Minister’s opinion, the exploration or exploitation

    • (i) presents a danger to property, risks the wasting of oil or gas or risks disturbing or damaging an oil or gas reservoir, the surface of land or the environment, or

    • (ii) presents a risk of harm to a site of palaeontological, archaeological, ethnological or historical significance or to a site that is of cultural, spiritual or ceremonial importance to the first nation;

  • (b) authorize the resumption of any exploration or exploitation suspended under paragraph (a) if, in the Minister’s opinion, the danger or risk no longer exists and if any remedial action ordered has been taken to the Minister’s satisfaction;

  • (c) despite the regulations, where lands have been set apart as a reserve for purposes of the implementation of an agreement for the settlement of land claims arising under a treaty, grant a contract that includes terms and conditions similar to those that were in effect in respect of those lands immediately before they were set apart as a reserve;

  • (d) fix a later time for a person to do anything under this Act or under a contract, even though the original time for doing it has passed, if the Minister is satisfied that a delay is or was unavoidable and that an extension would not prejudice any other person; and

  • (e) prescribe any forms that are necessary for the purposes of this Act.

• Marginal note:Conditions

  (2) In exercising a power under subsection (1), the Minister may impose any conditions that the Minister considers appropriate.

Marginal note:Limitation period

• 5.1 (1) Without limiting any other right or remedy available to the Minister, the Minister may commence an action to collect an amount owing to Her Majesty in right of Canada under this Act — and any interest owing on the amount — within 10 years after the end of the calendar year in which the amount became owing.

• Marginal note:Exception — fraud, misrepresentation

  (2) Despite subsection (1), the Minister may commence an action at any time to collect an amount owing to Her Majesty in right of Canada under this Act that was unpaid by reason of fraud or because of a misrepresentation that is attributable to neglect, carelessness or wilful default, together with any interest owing on that amount.

Marginal note:Minister to consult

• 6 (1) The Minister, in administering this Act, shall consult, on a continuing basis, persons representative of the Indian bands most directly affected thereby.

• Marginal note:Approval or notice

  (1.1) The Governor in Council may, by regulation,

  • (a) require that a power of the Minister under this Act in relation to first nation lands be exercised only if prior approval of the council of the first nation is obtained, if the council is first consulted or if prior notice is given to the council, as the case may be;

  • (b) require that any such power of the Minister be exercised only if prior consent is given by any first nation member who is in lawful possession of the first nation lands; and

  • (c) require that notice be given to the council of the first nation after the Minister exercises any such power.

• Marginal note:Rights not abrogated

  (2) Nothing in this Act shall be deemed to abrogate the rights of Indian people or preclude them from negotiating for oil and gas benefits in those areas in which land claims have not been settled.

Marginal note:Canada Labour Code

7 This Act does not affect the application of the Canada Labour Code.

Inspection, Audit and Examination

Marginal note:Designation of inspectors

• 8 (1) The Minister may designate any person as an inspector for the purpose of verifying compliance with this Act and the regulations.

• Marginal note:Certificate

  (2) The Minister shall provide every inspector with a certificate of designation, which the inspector shall, on request, show to the person appearing to be in charge of a place being inspected.

Marginal note:Inspection on first nation lands

• 9 (1) An inspector and any person accompanying an inspector may, at any reasonable time, enter and inspect any place on first nation lands, other than a dwelling-place, if the inspector has reasonable grounds to believe that an activity to which this Act applies is being carried on, or has been carried on, in that place.

• Marginal note:Outside first nation lands

  (2) An inspector and any person accompanying an inspector may at any reasonable time, for the purpose of verifying the quantity or quality of oil or gas recovered from first nation lands or the amount of any costs or allowances prescribed under subparagraph 4.1(1)(g)(ii), enter and inspect any place outside first nation lands where such oil or gas is handled, treated or processed or its volume measured.

• Marginal note:Powers of inspectors

  (3) An inspector conducting an inspection of a place and any person accompanying the inspector may

  • (a) examine anything found in the place that is used in exploration for or exploitation of oil or gas, or observe any operation in the place that is related to such exploration or exploitation;

  • (b) take samples of anything relevant to the administration of this Act or the regulations and dispose of them afterwards;

  • (c) conduct any tests or take any measurements;

  • (d) examine any documents or information found in the place that the inspector has reasonable grounds to believe are relevant to the administration of this Act or the regulations and copy the documents or information, take extracts from them or require any person in the place to provide copies of them;

  • (e) use or cause to be used any copying equipment at the place to reproduce such documents and remove the copies for the purpose of examination;

  • (f) take photographs and make sketches or video recordings;

  • (g) use or cause to be used any computer system or data processing system at the place to search and examine any data contained in or available to the system;

  • (h) obtain, in the form of a printout or other output, a copy of any data referred to in paragraph (g) that the inspector has reasonable grounds to believe are relevant to the administration of this Act or the regulations, and remove it for the purpose of examination; and

  • (i) require any person present in the place to accompany the inspector during the inspection and require that person to answer all proper questions and to give the inspector all reasonable assistance.

Marginal note:Audits and examinations

• 10 (1) A person authorized by the Minister to do so may, at any reasonable time,

  • (a) enter any place where a business is carried on, other than a dwelling-place, in which the person has reasonable grounds to believe that there are documents or information required to be kept under the regulations; and

  • (b) conduct an audit or examination of any documents or information found in the place that the person has reasonable grounds to believe are relevant to the administration of this Act or the regulations.

• Marginal note:Powers of authorized persons

  (2) A person conducting an audit or examination under subsection (1) may

  • (a) copy or take extracts of documents or information referred to in paragraph (1)(b);

  • (b) use or cause to be used any copying equipment at the place to reproduce any such documents and remove the copies for the purposes of the audit or examination;

  • (c) use or cause to be used any computer system or data processing system at the place to search and examine any data contained in or available to the system;

  • (d) obtain, in the form of a printout or other output, a copy of any data referred to in paragraph (c) that the person has reasonable grounds to believe are relevant to the administration of this Act or the regulations, and remove it for the purposes of the audit or examination; and

  • (e) require any person present in the place to remain there during the audit or examination and require that person, or any other person having control of such documents or information, to answer all proper questions and to give all reasonable assistance to the authorized person.

• Marginal note:Persons accompanying

  (3) Subject to any conditions prescribed by the regulations, a person conducting an audit or examination under subsection (1) may be accompanied by any person so authorized by the Minister.

Marginal note:Demand to produce documents

11 The Minister may, for the purposes of an audit or examination, order any person who is required by the regulations to keep documents or information to produce — at the place, within the time and in the manner specified by the Minister — any document or information that the Minister has reasonable grounds to believe is relevant to the administration of this Act or the regulations.

Marginal note:Compliance order

• 12 (1) A judge may, on application, order a person to provide to the Minister, an inspector or a person conducting an audit or examination any access, assistance, document or information that the person was required or ordered to provide under section 9, 10 or 11, unless — in the case of a document or information — the document or information is protected from disclosure by the privilege between legal advisers and their clients.

• Marginal note:Conditions

  (2) The judge making an order under subsection (1) may impose any conditions in respect of the order that the judge considers appropriate.

• Marginal note:Contempt of court

  (3) If a person fails or refuses to comply with an order under subsection (1), a judge may find the person in contempt of court and the person is subject to the processes and the punishments of the court to which the judge is appointed.

• Marginal note:Appeal

  (4) An order by a judge under subsection (1) may be appealed to a court having appellate jurisdiction over decisions of the court to which the judge is appointed, but an appeal does not suspend the execution of the order unless it is so ordered by a judge of the appellate court.

• Definition of judge

  (5) In this section, judge means a judge of a superior court of the province in which the matter arises or a judge of the Federal Court.

Marginal note:Prohibition

• 13 (1) No person shall interfere with or obstruct any person doing anything the person is authorized to do under this Act.

• Marginal note:Compliance

  (2) Every person shall, unless unable to do so, do everything that the person is required to do under subsection 9(3) or 10(2) or section 11.

Search and Seizure

Marginal note:Designation of enforcement officers

• 14 (1) The Minister may designate any person as an enforcement officer for the purpose of enforcing this Act and the regulations.

• Marginal note:Public officer

  (2) For greater certainty, an enforcement officer is a public officer for the purposes of sections 487, 487.11 and 489 of the Criminal Code.

• Marginal note:Certificate

  (3) The Minister shall provide every enforcement officer with a certificate of designation, which the officer shall, on request, show to the person appearing to be in charge of a place being searched.

Delegation

Marginal note:Ministerial powers

15 Without derogating from paragraph 24(2)(d) of the Interpretation Act in relation to any other power of the Minister under this Act, the Minister may delegate in writing any of the Minister’s powers under subsections 8(1), 10(1) and (3) and 14(1) to any person employed in the Department of Indigenous Services.

Unauthorized Exploration and Exploitation

Marginal note:Prohibition

16 No person shall explore for or exploit oil or gas situated in first nation lands except as authorized by or under this Act.

Offences and Punishment

Marginal note:Offence

• 17 (1) A person who contravenes any provision of this Act or the regulations, other than a provision in relation to the payment of royalties or other amounts, or who fails to do anything ordered by the Minister under this Act, is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $100,000.

• Marginal note:False information

  (2) A person who provides information under this Act, knowing that it is false or misleading, or who knowingly misrepresents or fails to disclose a material fact, is guilty of an offence punishable on summary conviction and liable to a fine not exceeding the greater of $100,000 and any amount that was not paid by reason of the commission of the offence.