Indian Oil and Gas Act

Marginal note:Definitions

• 2 (1) The following definitions apply in this Act.

  approval

  approval, in relation to the council of a first nation, means approval evidenced by a written resolution of the council or, if the council has delegated its authority to any individual or corporation, approval in writing signed by that individual or by an individual authorized to sign for that corporation. (approbation)

  condensate

  condensate means a liquid mixture, consisting mainly of pentanes and heavier hydrocarbons, that is condensed from natural gas and that can be recovered at a well. (condensat)

  contract

  contract means a licence, permit, lease or other instrument that confers a surface or subsurface right or interest in first nation lands, or an option to acquire such a permit or lease, that is granted under this Act for the purpose of oil or gas exploration or exploitation. (contrat)

  council

  council, in relation to a first nation, has the same meaning as the expression council of the band in the Indian Act. (conseil)

  exploitation

  exploitation, in relation to oil and gas, means the drilling or testing of a well or production, recovery or subsurface storage, and includes the injection of a substance into an oil or gas reservoir and the subsurface disposal of a substance, but does not include refining. (exploitation)

  exploration

  exploration means any operation to assess the geological conditions of the subsurface for the presence of oil or gas or any activity connected with such assessment, including the drilling of a test hole to a depth no greater than that prescribed by regulation. (exploration)

  first nation

  first nation means a band within the meaning of the Indian Act. (première nation)

  first nation lands

  first nation lands means

  • (a) reserve lands that have been surrendered, other than absolutely, under the Indian Act for a purpose that includes oil or gas exploration or exploitation;

  • (b) lands that have been absolutely surrendered under the Indian Act but not sold;

  • (c) subsurface rights and interests in lands that have been absolutely surrendered under the Indian Act and of which only the surface rights and interests have been sold; or

  • (d) rights and interests in reserve lands that have been granted to Her Majesty in right of Canada for oil or gas exploration or exploitation pursuant to a land code adopted under the Framework Agreement as defined in subsection 2(1) of the Framework Agreement on First Nation Land Management Act. (terres de la première nation)

  first nation member

  first nation member, in relation to a first nation, means a person whose name appears on the band list of the first nation or who is entitled to have their name appear on that list. (membre de la première nation)

  gas

  gas means natural gas — including natural gas from a coal bed — that can be recovered from a well or any component of it, including condensate and marketable gas. (gaz)

  inspector

  inspector means an inspector designated under section 8. (inspecteur)

  lawful possession

  lawful possession, in relation to first nation lands, means lawful possession within the meaning of subsection 20(1) or section 22 of the Indian Act. (possession légale)

  Minister

  Minister means the Minister of Indigenous Services. (ministre)

  oil

  oil means a mixture of hydrocarbons that can be recovered from a well in liquid form, with the exception of condensate. (pétrole)

  operator

  operator means a person who is engaged in exploration for or exploitation of oil or gas situated in first nation lands. (exploitant)

• Marginal note:Delegation by council

  (2) The council of a first nation may by written resolution delegate to any person any power of the council, or any right of the council to be consulted or notified, under this Act.

• Marginal note:Amounts owing

  (3) For the purposes of this Act,

  • (a) a reference to payment of a royalty means payment of an amount equal to the value of the royalty or, if required by or under the regulations, payment of the royalty in kind; and

  • (b) a reference to an amount owing includes the value of a royalty that is owing.

• Marginal note:Pooled oil or gas

  (4) A reference in this Act to oil or gas recovered from first nation lands includes oil or gas that is attributed to those lands under regulations made pursuant to paragraph 4.1(1)(s).