(1) A holder of an authorization under paragraph 10(1)(b) to construct or operate a pipeline shall not, without the leave of the Regulator,

(2) For the purposes of paragraph (1)(b), "pipeline" includes a pipeline as defined in section 1 or any other pipeline.

(3) Notwithstanding paragraph (1)(a), leave shall only be required if the holder sells, transfers or leases any part of its pipeline that is capable of being operated for the transmission of oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas.

(1) The Regulator may delegate any of the Regulator’s powers, duties or functions under this Act or the regulations to any person, and that person shall exercise those powers and shall perform those duties or functions in accordance with the terms of the delegation.

(2) The Regulator shall make notice of a delegation under subsection (1) publicly available.

(3) The Minister may delegate any of the Minister’s powers, duties or functions under this Act or the regulations to any employee of the public service, and that person shall exercise those powers and shall perform those duties or functions in accordance with the terms of the delegation. SNWT 2019,c.24,s.3.

(1) The Regulator may, on application made in the form approved by and containing the information required by the Regulator, and made in the prescribed manner, issue

(2) An operating licence expires on March 31 immediately after the day on which it is issued and may be renewed for successive periods not exceeding one year each.

(3) An operating licence is subject to

(4) An authorization is subject to any approvals that the Regulator may determine or that may be granted in accordance with the regulations and any requirements and deposits that the Regulator may determine or that may be prescribed, including

(5) The Regulator may suspend or revoke an operating licence or an authorization for a failure to comply with, a contravention of or a default in respect of

(6) The Regulator may vary the terms of any operating licence or authorization issued under this Act.

(1) Subject to subsection (2), any person may, for the purpose of exploring for or exploiting oil or gas, 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 10(1)(b).

(2) If a person occupies land in an area to which this Act applies under a lawful right or title, other than an authorization under paragraph 10(1)(b) or an interest as defined in section 1 of the Petroleum Resources Act, no person may enter on or use the surface of that land for a purpose referred to in subsection (1), except with the consent of the occupier or, in the case where consent has been refused, in accordance with the terms and conditions of a decision of the Surface Rights Board made in accordance with the Surface Rights Board Act.

(3) Subsections (1) and (2) do not apply in respect of designated land as defined in subsection 1(1) of the Surface Rights Board Act or Tłı̨chǫ lands as defined in subsection 1(2) of that Act. SNWT 2014,c.14,s.122.

(1) No approval that is

may be granted unless the Regulator, on application submitted in accordance with subsection (2), has approved a development plan relating to the pool or field under subsection (4).

(2) An application for the approval of a development plan must be

(3) A development plan relating to the proposed development of a pool or field must be set out in two parts, containing

(4) After reviewing an application and development plan submitted under this section, the Regulator may approve the development plan, subject to the consent of the Commissioner in Executive Council in relation to Part 1 of the development plan and any requirements that the Regulator considers appropriate or that may be prescribed.

(5) If a development plan is approved under subsection (4),

(6) Subsections (1) to (5) apply, with such modifications as the circumstances require, with respect to a proposed amendment to a development plan or to any requirement to which the approval of the plan is subject.

(7) Notwithstanding subsection (4), the Regulator may approve a development plan in relation to developing a straddling resource, as defined in section 86, subject to

(8) If the Commissioner in Executive Council and the Governor in Council do not consent in relation to Part 1 of the plan, either government may notify the other of their intention to refer the matter to an independent expert for a decision in accordance with section 99.

(9) The expert’s decision in relation to the development plan is deemed to be a development plan approved by the Regulator and, in relation to Part 1 of the plan, is deemed to be one that is consented to by the Commissioner in Executive Council and the Governor in Council.

(10) If a development plan is approved under subsection (7) or deemed to be approved under subsection (9), no amendment may be made to the plan unless it is approved by the Regulator and, in the case of an amendment in relation to Part 1 of the plan, consented to by the Commissioner in Executive Council and the Governor in Council.

(11) Subsections (7) to (10) apply, with such modifications as the circumstances require, in respect of a proposed amendment to a development plan.

(1) Subject to subsection (2), no authorization under paragraph 10(1)(b) may be issued unless the Regulator has received, from the applicant for the authorization, a declaration in the form approved by the Regulator stating that

(2) The Regulator may accept, in respect of equipment that is to be used in the work or activity to be authorized, in place of a declaration from the applicant, a declaration, in a form approved by the Regulator, from the owner of the equipment stating that

(3) If 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 Regulator with a new declaration as soon as possible after the change occurs.

(4) The Regulator or any delegate of the Regulator is not liable to any person by reason only of having issued an authorization in reliance on a declaration made under this section.

(1) No authorization under paragraph 10(1)(b) may be issued with respect to any prescribed equipment or installation, or any equipment or installation of a prescribed class, unless the Regulator has received, from the applicant for the authorization, a certificate issued by a certifying authority in the form approved by the Regulator.

(2) The holder of an authorization shall ensure that the certificate referred to in subsection (1) remains in force for so long as the equipment or installation to which the certificate relates is used in the work or activity in respect of which the authorization is issued.

(3) A certificate referred to in subsection (1) must state that the equipment or installation in question

(4) A certificate referred to in subsection (1) is not valid if the certifying authority

(5) An applicant shall permit the certifying authority to have access to the equipment and installation in respect of which the certificate is required and to any information that relates to them.

(6) For the purposes of this section, "certifying authority" has the meaning assigned by the regulations.

(7) The Regulator or any delegate of the Regulator is not liable to any person by reason only of having issued an authorization in reliance on a certificate issued under this section.

(1) In this section, "benefits plan" means a plan for the employment of Canadians and for providing Canadian manufacturers, consultants, contractors and service companies with a full and fair opportunity to participate on a competitive basis in the supply of goods and services used in any proposed work or activity referred to in the benefits plan.

(2) No approval of a development plan may be granted under subsection 14(1) and no authorization of any work or activity may be issued under paragraph 10(1)(b) until the Minister has approved, or waived the requirement for approval of, a benefits plan in respect of the work or activity.

(3) The Minister may require that any benefits plan submitted under subsection (2) include provisions to ensure that disadvantaged individuals or groups have access to training and employment opportunities and to enable those individuals or groups or corporations owned or cooperatives operated by them to participate in the supply of goods and services used in any proposed work or activity referred to in the benefits plan.

(1) The Regulator may issue and publish, in any manner it considers appropriate, guidelines and interpretation notes with respect to the application and administration of any provision of this Act or the regulations.

(2) The Minister may issue and publish, in any manner the Minister considers appropriate, guidelines and interpretation notes with respect to the application and administration of section 17.

(3) For greater certainty, guidelines and interpretation notes issued under subsections (1) and (2) are not statutory instruments within the meaning of the Statutory Instruments Act. SNWT 2019,c.24,s.4.

(1) The Regulator has full and exclusive jurisdiction to inquire into, hear and determine any matter

(2) The Regulator may, of its own motion, inquire into, hear and determine any matter or thing that under this Act it is authorized to inquire into, hear and determine.

(3) For the purposes of this Act, the Regulator has full jurisdiction to hear and determine all matters, whether of law or of fact.

(4) For the purpose of any inquiry, hearing or appeal or the making of any order, the Regulator has the powers, rights and privileges that are vested in the Supreme Court for the trial of civil actions in respect of

SNWT 2019,c.24,s.5.

(1) The Regulator shall, within four months after the end of each fiscal year, submit to the Minister a report on the activities of the Regulator under this Act for that fiscal year in accordance with any applicable regulations.

(2) The Minister shall cause the report to be laid before the Legislative Assembly at the earliest opportunity.

(3) The Commissioner in Executive Council may make regulations for the purposes of this section prescribing the form or content of the report. SNWT 2019,c.24,s.6.

(1) In this section,

"delineation well" means a well that is so located in relation to another well penetrating an accumulation of petroleum that there is a reasonable expectation that another portion of that accumulation will be penetrated by the first-mentioned well and that the drilling is necessary in order to determine the commercial value of the accumulation; (puits de délimitation)

"development well" means a well that is so located in relation to another well penetrating an accumulation of petroleum that it is considered to be a well or part of a well drilled for the purpose of production or observation or for the injection or disposal of fluid into or from the accumulation; (puits d’exploitation)

"engineering research or feasibility study" includes work undertaken to facilitate the design or to analyze the viability of engineering technology, systems or schemes to be used in the exploration for or the development, production or transportation of petroleum on petroleum lands; (recherches ou études techniques)

"environmental study" means work pertaining to the measurement or statistical evaluation of the physical, chemical and biological elements of the lands, lakes, rivers and other surface or ground water, oceans or coastal zones, including winds, waves, tides, currents, precipitation, ice cover and movement, icebergs, pollution effects, flora and fauna both onshore and offshore, human activity and habitation and any related matters; (études de l’environnement)

"experimental project" means work or activity involving the utilization of methods or equipment that are untried or unproven; (opération expérimentale)

"geological work" means work, in the field or laboratory, involving the collection, examination, processing or other analysis of lithological, paleontological or geochemical materials recovered from the surface or subsurface or the seabed or its subsoil of any petroleum lands, and includes the analysis and interpretation of mechanical well logs; (travaux de géologie)

"geophysical work" means work involving the indirect measurement of the physical properties of rocks in order to determine the depth, thickness, structural configuration or history of deposition of the rocks, and includes the processing, analysis and interpretation of material or data obtained from such work; (travaux de géophysique)

"geotechnical work" means work, in the field or laboratory, undertaken to determine the physical properties of materials recovered from the surface or subsurface or the seabed or its subsoil of any petroleum lands; (travaux de géotechnique)

"hydraulic fracturing fluid" means the fluid, including the applicable base fluid and all additives, used to perform a particular hydraulic fracturing treatment; (fluide de fracturation hydraulique)

"hydraulic fracturing fluid information" means, in respect of a well in which hydraulic fracturing fluid has been used,

"hydraulic fracturing treatment" means the treatment of a well by the application of hydraulic fracturing fluid under pressure in order to create or propagate fractures in a geological formation to enhance production of petroleum; (traitement de fracturation hydraulique)

"non-exclusive survey" means geophysical work that is conducted to acquire data for the purpose of sale to the public; (étude non exclusive)

"petroleum lands" means petroleum lands as defined in section 1 of the Petroleum Resources Act; (terres pétrolifères et gazifères)

"significant discovery" means a significant discovery as defined in section 1 of the Petroleum Resources Act; (découverte importante)

"Territorial reserve lands" means Territorial reserve lands as defined in section 1 of the Petroleum Resources Act; (réserves territoriales)

"well site seabed survey" means a survey pertaining to the nature of the surface or subsurface or the seabed or its subsoil of any petroleum lands in the area of the proposed drilling site in respect of a well, and to the conditions of those lands that may affect the safety or efficiency of drilling operations; (levé marin)

"well termination date" means the date on which a well or test hole has been abandoned, completed or suspended in accordance with any applicable regulations respecting the drilling for petroleum made under this Act. (date d’abandon du forage)

(2) Subject to subsection (9), the Minister and the Regulator shall make available to the public any information disclosed to the Minister or the Regulator, as the case may be, pursuant to a requirement of this Act or the regulations, unless that information contains financial, commercial, scientific or technical information and

(3) At any hearing or inquiry conducted under this Act or the regulations, the Regulator or the Committee, as the case may be, may take any measures and make any order that it considers necessary to ensure the confidentiality of any information likely to be disclosed at the hearing or inquiry, if the Regulator or the Committee is satisfied that

(4) At any hearing or inquiry conducted under this Act or the regulations, or in respect of any order, the Regulator may take any measures and make any order that it considers necessary to ensure the confidentiality of any information likely to be disclosed at the hearing or inquiry or that is contained in the order, if the Regulator is satisfied that

(5) Subject to this section, information that the Minister, the Regulator or the Committee determines is confidential under subsection (2), (3) or (4) shall not knowingly be disclosed without the consent in writing of the person who provided the information, except for the purposes of the administration or enforcement of this Act or the regulations, or for the purposes of legal proceedings respecting the administration or enforcement of this Act or the regulations.

(6) No person shall be required to produce or give evidence relating to any information that the Minister, the Regulator or the Committee determines is confidential under subsection (2), (3) or (4) in connection with any legal proceedings, other than proceedings respecting the administration or enforcement of this Act or the regulations.

(7) Information that the Minister, the Regulator or the Committee determines is confidential under subsection (2), (3) or (4) may be disclosed to the Government of Canada, the government of a province or territory or any organization representing any Indigenous people of Canada, if such disclosure is made in accordance with an agreement between the Government of the Northwest Territories and that government or organization respecting resource management and revenue sharing in relation to activities respecting the exploration for or the production of petroleum carried out on any petroleum lands.

(8) The recipient of information disclosed in accordance with an agreement referred to in subsection (7) shall not disclose that information except as provided in this section.

(9) The Minister and the Regulator shall make the following information available to the public in accordance with this subsection:

(10) The Regulator may disclose any information obtained under this Act or the regulations to the Government of the Northwest Territories, the Government of Canada, the government of a province, territory or foreign government, or to the representatives of any of their agencies, for the purposes of Northwest Territories, federal, provincial, territorial or foreign law, as the case may be, that deals primarily with a petroleum-related work or activity, including the exploration for and the management, administration and exploitation of petroleum resources, if

(11) The Regulator may disclose to the Minister information that the Regulator has disclosed or intends to disclose under subsection (10), but the Minister must not further disclose that information unless the Regulator consents in writing to that disclosure or the Minister is required by an Act of the Northwest Territories to disclose that information.

(12) Where there is a conflict or inconsistency between this section and any provision of the Access to Information and Protection of Privacy Act, this section prevails to the extent of the conflict or inconsistency.

(13) Information of the type that is described in subsection (9), that was received by the Minister or the Regulator before this subsection came into force and that is required to be made available to the public under subsection (9), shall be made available to the public by the Minister or the Regulator, as the case may be, after the expiry of the time period set out in subsection (9), unless the information has already been made available to the public by the Minister or the Regulator. SNWT 2019,c.24,s.7.

(1) Without limiting the generality of any provision of this Act that authorizes the Regulator to impose terms and conditions in respect of any operating licence or authorization issued under section 10 or any of its orders, the Regulator may direct in any operating licence, authorization or order that it or any portion or provision of it shall come into force at a future time or on the happening of any contingency, event or condition specified in the operating licence, authorization or order or on the performance to the satisfaction of the Regulator of any conditions or requirements that the Regulator may impose in the operating licence, authorization or order, and the Regulator may direct that the whole or any portion of the operating licence, authorization or order be in force for a limited time or until the happening of a specified event.

(2) The Regulator may, instead of making an order final in the first instance, make an interim order, and may reserve its decision pending further proceedings in connection with any matter.

(1) A holder of an authorization to construct or operate a pipeline issued under paragraph 10(1)(b) shall keep, in a form and manner determined by the Regulator, any documents, including any records or books of account, that the Regulator requires or that contain information that the Regulator determines is necessary for the administration of this Act or the regulations.

(2) The holder shall produce those documents to the Regulator, or make them available to it or its designated representative, for inspection or copying at a time and under conditions set by the Regulator.

(1) Subject to subsection (2), title to oil and gas produced during an extended formation flow test vests in the person who conducts the test in accordance with an authorization under section 10, regardless of whether the person has a production licence issued under the Petroleum Resources Act.

(2) Title to oil and gas referred to in subsection (1) is conditional on compliance with

(3) This section applies only in respect of an extended formation flow test that provides significant information for determining the best recovery system for a reservoir or for determining the limits of a reservoir or the productivity of a well producing oil or gas from a reservoir and that does not adversely affect the ultimate recovery from a reservoir.

(1) The Commissioner in Executive Council may establish a committee to be known as the Oil and Gas Committee, consisting of five members, not more than three of whom may be employees of the public service.

(2) The Committee shall be under the direction of the Minister.

(3) The members of the Committee shall be appointed by the Commissioner in Executive Council to hold office for a term of three years, and one member shall be designated as chairperson for the term fixed by the Commissioner in Executive Council.

(4) A retiring chairperson or retiring member may be reappointed to the Committee in the same or another capacity.

(1) The Commissioner in Executive Council shall appoint as members of the Committee at least two persons who appear to the Commissioner in Executive Council to have specialized, expert or technical knowledge of oil and gas.

(2) Persons employed in a division, branch or bureau of the public service that is designated by the Minister as the division, branch or bureau charged with the administration and management of oil and gas resources for the Government of the Northwest Territories are not eligible to be members of the Committee, but the Minister may designate one person from that division, branch or bureau to act as secretary to the Committee.

(3) The Minister shall provide the Committee with the officers, clerks and employees that may be necessary for the proper conduct of the affairs of the Committee, and may provide the Committee with professional or technical assistance for temporary periods or for specific work as the Committee may request, but no assistance from outside the public service may be provided, except with the approval of the Financial Management Board.

(4) The members of the Committee who are not employees of the public service are entitled to be paid remuneration at the rates determined by the Financial Management Board.

(5) The members of the Committee are entitled to be paid reasonable travel and living expenses, in accordance with the rates determined by the Financial Management Board, while absent from their ordinary place of residence in the course of their duties.

(1) A majority of the members, including one member who is not an employee of the public service, constitutes a quorum of the Committee.

(2) The Committee may make general rules regulating its practice and procedure and the places and times of its sittings.

(1) In holding an inquiry or hearing an appeal under this Act, the Committee has full jurisdiction to inquire into, hear and determine the matter of the inquiry or appeal and to make any order or give any direction that under this Act the Committee is authorized to make or give or with respect to any matter, act or thing that by this Act may be prohibited or approved by the Committee or required by the Committee to be done.

(2) For the purpose of any inquiry, hearing or appeal or the making of any order, the Committee has the powers, rights and privileges that are vested in the Supreme Court for the trial of civil actions in respect of

(3) The finding or determination of the Committee on any question of fact within its jurisdiction is binding and conclusive.

(1) The Committee may authorize any member to inquire into any matter before the Committee and direct him or her to report the evidence and findings, if any, to the Committee, and when the report is made to the Committee, it may be adopted as a finding of the Committee or otherwise dealt with as the Committee considers advisable.

(2) A member referred to in subsection (1) has all the powers of the Committee for the purpose of taking evidence or acquiring information for the purposes of making a report.

(1) An order of the Committee may be made an order of the Supreme Court by filing a certified copy of it with the Clerk of the Supreme Court, and on filing, that order is enforceable in the same manner as an order of the Court.

(2) If an order of the Committee which has been made an order of the Supreme Court is set aside or replaced by a subsequent order of the Committee, or of the Commissioner in Executive Council under section 103, the order of the Court is cancelled and the subsequent order of the Committee may be made an order of the Court in accordance with this section.

(1) A holder shall not charge any tolls except tolls that are

(2) If gas transmitted by a holder through its pipeline is the property of the holder, the holder shall file with the Regulator true copies of all the contracts it makes for the sale of the gas at the time they are made, and any amendments to those contracts made from time to time, and the true copies constitute, for the purposes of this Part, a tariff under subsection (1).

(1) No holder or shipper, or an officer, employee, agent or mandatary of a holder or shipper, shall

(2) No prosecution for an offence under this section may be instituted without the consent of the Regulator.

(1) Except as provided in this section, no contract, condition or notice made or given by a holder impairing, restricting or limiting its liability in respect of the transmission of oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas relieves the holder from its liability, unless that class of contract, condition or notice is included as a term or condition of its tariffs as filed or has been first authorized or approved by order of the Regulator.

(2) The Regulator may determine the extent to which the liability of a holder may be impaired, restricted or limited as provided in this section.

(3) The Regulator may establish the terms and conditions under which oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas may be transmitted by a holder.

(1) Subject to any exemptions or conditions that the Regulator may establish, a holder operating a pipeline for the transmission of oil shall, according to its powers, without delay and with due care and diligence, receive, transport and deliver all oil and any other substance, including water, incidental to the drilling for or production of oil offered for transmission by means of its pipeline.

(2) The Regulator may order, on any terms and conditions that it may specify in the order, a holder operating a pipeline for the transmission of gas to receive, transport and deliver, according to its powers, gas and any other substance, including water, incidental to the drilling for or production of gas offered for transmission by means of its pipeline.

(3) If the Regulator finds that no undue burden will be placed on the holder and if it considers it necessary or desirable in the public interest, the Regulator may require a holder operating a pipeline for the transmission of oil or gas to provide adequate and suitable facilities for

(1) If the Regulator finds that no undue burden will be placed on the holder and if it considers it necessary or desirable in the public interest, the Regulator may direct a holder operating a pipeline for the transmission of gas

(2) Notwithstanding subsection (1), the Regulator shall not compel a holder to sell gas to additional customers if doing so would impair its ability to render adequate service to its existing customers.

(1) The Commissioner in Executive Council may, for the purposes of safety and the protection of the environment as well as for the production and conservation of oil and gas resources, make regulations

(2) Unless otherwise provided in this Act, regulations made under subsection (1) may incorporate by reference the standards or specifications of any government, person or organization, either as they read at a fixed time or as amended from time to time.

(1) Subject to subsection (2), a copy of each regulation that the Commissioner in Executive Council proposes to make under this Act shall be published in the Northwest Territories Gazette and a reasonable opportunity shall be given to any interested person to make representations to the Minister with respect to the proposed regulation.

(2) No proposed regulation need be published more than once under subsection (1), regardless of whether it is altered or amended after that publication as a result of representations made by interested persons.

(1) Subject to subsection (2), the Chief Safety Officer and Chief Conservation Officer may

(2) The Chief Safety Officer alone may exercise the powers referred to in paragraph (1)(a) or (b) if the regulatory requirement referred to in that paragraph does not relate to protection of the environment or conservation, and the Chief Conservation Officer alone may exercise those powers if that regulatory requirement does not relate to safety.

(3) No person contravenes the regulations if that person acts in compliance with an authorization or exemption under subsection (1) or (2).

(1) The Chief Conservation Officer may order the commencement, continuation or increase of production of oil or gas at the rates and in the quantities specified if the Chief Conservation Officer, on reasonable grounds, is of the opinion that

(2) The Chief Conservation Officer may order a decrease or the cessation or suspension of production of oil or gas for any period specified in the order if the Chief Conservation Officer, on reasonable grounds, is of the opinion that an order under this section would stop waste.

(3) Subsections 57(2) to (4) and section 59 apply, with such modifications as the circumstances require, to an order under subsection (1) or (2) as if it were an order under subsection 57(1).

(4) A person subject to an order under subsection (1) or (2) shall, on request, give the Chief Conservation Officer or a person designated by the Chief Conservation Officer access to his or her premises, files and records for all reasonable purposes related to the order.

(1) No person shall commit waste.

(2) A person who commits waste as defined in paragraph (4)(f) or (g) is not guilty of an offence under this Act, unless the person has been ordered under section 60 to take measures to prevent the waste and has failed to comply.

(3) No prosecution for an offence under this section may be instituted without the consent of the Regulator.

(4) In this Act, "waste", in addition to its ordinary meaning, means waste as understood in the oil and gas industry and in particular, but without limiting the generality of the foregoing, includes

(1) Subject to subsection (2), the Chief Conservation Officer may order that all operations giving rise to waste cease until he or she is satisfied that the waste has stopped if the Chief Conservation Officer, on reasonable grounds, is of the opinion that waste, other than waste as defined in paragraph 56(4)(f) or (g), is being committed.

(2) Before making any order under subsection (1), the Chief Conservation Officer shall hold an investigation at which all interested persons shall be given an opportunity to be heard.

(3) Notwithstanding subsection (2), the Chief Conservation Officer may, without an investigation, make an order under this section requiring all operations to be shut down if the Chief Conservation Officer is of the opinion that it is necessary to do so to prevent damage to persons or property or to protect the environment, but as soon as possible after making an order and in any event within 15 days after doing so, the Chief Conservation Officer shall hold an investigation referred to in subsection (2).

(4) At the conclusion of the investigation under subsection (3), the Chief Conservation Officer may set aside, vary or confirm the order or make a new order.

(1) For the purpose of giving effect to an order made under section 57, the Chief Conservation Officer may authorize and direct any person necessary to enter the place where the operations giving rise to the waste are being carried out and take over the management and control of those operations and any associated works.

(2) A person authorized under subsection (1) to take over the management and control of operations shall manage and control the operations and do all things necessary to stop the waste, and the cost of doing so shall be borne by the person who holds the permit or the lease and until paid constitutes a debt recoverable by action in any court of competent jurisdiction as a debt due to the Government of the Northwest Territories.

(1) A person aggrieved by an order of the Chief Conservation Officer made under section 55 or 57 may appeal to the Regulator.

(2) On reviewing the order under appeal, the Regulator shall give all interested persons an opportunity to be heard.

(3) After considering the appeal, the Regulator may

(1) If the Chief Conservation Officer, on reasonable grounds, is of the opinion that waste as defined in paragraph 56(4)(f) or (g) is occurring in the recovery of oil or gas from a pool, the Officer may apply to the Regulator for an order requiring the operators within the pool to show cause why the Regulator should not make a direction in respect of the waste.

(2) On receiving an application, the Regulator shall make an order requiring the operators within the pool to show cause at a hearing, to be held on a day specified in the order, why the Regulator should not make a direction in respect of the waste.

(3) The Regulator shall, on the day specified in the order, hold a hearing at which the Chief Conservation Officer, the operators within the pool and any interested person shall be given an opportunity to be heard.

(4) If, after the hearing, the Regulator is of the opinion that waste is occurring in the recovery of oil or gas from a pool, the Regulator may make an order

(5) In addition to making an order under subsection (4), the Regulator may, subject to subsections (6) and (7), order that the pool or any part of the pool specified in the order be shut in if the requirements of the order are not met.

(6) If a scheme is approved by the Regulator and in operation by a date fixed in the order, the Regulator may not order that the pool or any part of the pool specified in the order be shut in.

(7) If, in the opinion of the Regulator, a scheme or other action described in paragraph (4)(a) or (b) is in the course of preparation, the Regulator may, notwithstanding subsections (4) and (5), make an order permitting the continued operation of a pool or any part of a pool after the date fixed by an order made under this section, and the continued operation is subject to any conditions imposed by the Regulator.

(1) In sections 62 to 65, "spill" means a discharge, emission or escape of petroleum, other than one that is authorized under the regulations, an Act of the Northwest Territories or an Act of Canada or that constitutes a discharge from a vessel to which Part 8 or 9 of the Canada Shipping Act, 2001 applies or a ship to which Part 6 of the Marine Liability Act (Canada) applies.

(2) In sections 63 and 65, "debris" means any installation or structure that was put in place in the course of any work or activity required to be authorized under paragraph 10(1)(b) and that has been abandoned without such authorization as may be required by or under this Act, or any material that has broken away or been jettisoned or displaced in the course of any such work or activity.

(3) In section 63, "actual loss or damage" includes loss of income, including future income, and, with respect to any Indigenous peoples of Canada, includes loss of hunting, fishing and gathering opportunities.

(4) The Commissioner and the Government of the Northwest Territories incur no liability whatever to any person arising out of the authorization, in accordance with regulations made under paragraph 52(1)(h), of any discharge, emission or escape of oil or gas. SNWT 2019,c.24,s.8.

(1) No person shall cause or permit a spill on or from any area to which this Act applies.

(2) If a spill occurs in any area to which this Act applies, a person who at the time of the spill is carrying on any work or activity related to the exploration for or development or production of oil or gas in the area of the spill shall, in the prescribed manner, report the spill to the Chief Conservation Officer.

(3) Every person required to report a spill under subsection (2) shall, as soon as possible, take all reasonable measures consistent with safety and the protection of the environment

(4) The Chief Conservation Officer may take any action or direct that it be taken by any person as may be necessary if he or she, on reasonable grounds, is satisfied that

(5) For the purposes of subsection (4), the Chief Conservation Officer may authorize and direct any person as may be necessary to enter the place where the spill has occurred and take over the management and control of any work or activity at that place.

(6) A person authorized and directed to take over the management and control of any work or activity under subsection (5) shall manage and control that work or activity and shall take all reasonable measures in relation to the spill that are referred to in subsection (3).

(7) Any costs incurred under subsection (6) shall be borne by the person who obtained an authorization under paragraph 10(1)(b) in respect of the work or activity from which the spill emanated, and until paid, they constitute a debt recoverable by action in any court of competent jurisdiction as a debt due to the Government of the Northwest Territories.

(8) If a person, other than a person referred to in subsection (7), takes action under subsection (3) or (4), the person may recover from the Government of the Northwest Territories the costs and expenses reasonably incurred by that person in taking the action.

(9) A person aggrieved by any order, action or measure taken or authorized or directed to be taken under subsections (4) to (6) may appeal to the Regulator.

(10) On reviewing the order, action or measure, the Regulator shall give all interested persons an opportunity to be heard.

(11) After considering the appeal, the Regulator may

(12) No person required, directed or authorized to act under this section or section 59 is personally liable, either civilly or criminally, in respect of any act or omission in the course of complying with this section, unless it is shown that the person did not act reasonably in the circumstances.

(1) If any discharge, emission or escape of oil or gas that is authorized by regulation, or any spill, occurs in any area to which this Act applies,

(2) If any person incurs actual loss or damage as a result of debris or the Government of the Northwest Territories reasonably incurs any costs or expenses in taking any remedial action in relation to debris,

(3) In the case where subsection (1) or (2) applies, no person is liable for more than the greater of the prescribed limit referred to in paragraph (1)(a) or (2)(a), as the case may be, and the amount for which the person would be liable under any other law for the same occurrence.

(4) All claims under this section may be sued for and recovered in any court of competent jurisdiction in Canada and shall rank firstly in favour of persons incurring actual loss or damage, without preference, and secondly to meet any costs and expenses described in subsection (1) or (2).

(5) Nothing in this section suspends or limits

(6) Proceedings in respect of claims under this section may be instituted within three years after the day when the loss, damage, costs or expenses occurred, but in no case more than six years after the day the spill or the discharge, emission or escape of oil or gas occurred or, in the case of debris, after the day the installation or structure in question was abandoned or the material in question broke away or was jettisoned or displaced.

(1) An applicant for an authorization under paragraph 10(1)(b) in respect of any work or activity in any area in which this Act applies shall provide proof of financial responsibility in the form of a letter of credit, guarantee or indemnity bond or in any other form satisfactory to the Regulator, in an amount satisfactory to it.

(2) The holder of an authorization under paragraph 10(1)(b) shall ensure that the proof of financial responsibility remains in force

(3) The Regulator may require that money in an amount not exceeding the amount prescribed for any case or class of cases, or determined by the Regulator in the absence of regulations, be paid out of the funds available under the letter of credit, guarantee or indemnity bond or other form of financial responsibility provided under subsection (1), in respect of any claim for which proceedings may be instituted under section 63, whether or not those proceedings have been instituted.

(4) A payment required under subsection (3) must be made in the manner, subject to any conditions and procedures and to or for the benefit of any persons or classes of persons as may be prescribed for any case or class of cases, or as may be required by the Regulator in the absence of regulations.

(5) There shall be deducted from any award made in accordance with a claim sued for under section 63 any amount received by the claimant under this section in respect of the loss, damage, costs or expenses claimed. SNWT 2019,c.24,s.9.

(1) If a spill or debris or an accident or incident related to any activity to which this Act applies occurs or is found in any area to which this Act applies and results in death or injury or danger to public safety or the environment, the Minister may direct an inquiry to be made, and may authorize any person that the Minister considers qualified to conduct the inquiry.

(2) If a spill or debris or an accident or incident related to any activity to which this Act applies occurs or is found in any area to which this Act applies and is serious, as defined by regulation, the Minister shall direct that an inquiry be made and shall ensure that the person authorized to conduct the inquiry is not employed in a part of the public service for which the Minister is responsible.

(3) For the purposes of an inquiry under this section, a person authorized to conduct the inquiry has all the powers of a Board under the Public Inquiries Act and shall conduct the inquiry in accordance with that Act.

(4) As soon as possible after the conclusion of the inquiry, the person authorized to conduct the inquiry shall submit a report to the Minister, together with the evidence and other material that was before the inquiry.

(5) The Minister shall, within 30 days after receipt of the report, make it publicly available in the manner and on the terms he or she considers appropriate.

(1) If one or more working interest owners have leases or separately owned working interests within a spacing unit, the working interest owners and the royalty owners who own all of the interests in the spacing unit may, subject to subsection (2), pool their working interests and royalty interests in the spacing unit for the purpose of drilling for or producing, or both drilling for and producing, oil and gas.

(2) An agreement to pool working interests and royalty interests is only effective if a copy of the pooling agreement, and any amendment to it, is filed with the Chief Conservation Officer.

(3) The Minister may, on behalf of the Commissioner, enter into a pooling agreement on any terms and conditions that the Minister considers advisable and, notwithstanding anything in this Act, the Northwest Territories Lands Act, the Petroleum Resources Act or any regulations made under those Acts, the pooling agreement is binding on the Commissioner.

(1) In the absence of a pooling agreement, a working interest owner in a spacing unit may apply to the Minister for a pooling order directing the working interest owners and royalty owners within the spacing unit to pool their interests in the spacing unit for the purpose of drilling for or producing oil or gas or both from the spacing unit.

(2) On receiving an application, the Minister shall refer it to the Committee for the purpose of holding a hearing to determine whether a pooling order should be made, and at that hearing all interested parties shall be given an opportunity to be heard.

(3) Before the hearing, the working interest owner making the application shall provide a proposed form of pooling agreement to the Committee and any other interested party the Committee may direct, and the working interest owners who have interests in the spacing unit to which the proposed pooling agreement relates shall provide the Committee with any information the Committee considers necessary.

(4) After the hearing, the Committee may order that all working interest owners and royalty owners who have an interest in the spacing unit be deemed to have entered into a pooling agreement as set out in the pooling order.

(1) A pooling order may provide for a penalty for a working interest owner who does not, within the time specified in the order, pay the portion of the costs attributable to him or her as his or her share of the cost of drilling and completion of the well, but the penalty may not exceed an amount equal to one-half of that working interest owner’s share of those costs.

(2) If a working interest owner does not, within the time specified in the pooling order, pay his or her share of the costs of the drilling, completing, operating and abandoning of the well, his or her portion of the costs and the penalty, if any, are recoverable only out of his or her share of production from the spacing unit and not in any other manner.

(1) The Committee

(2) After a hearing held under subsection (1), the Committee may, subject to subsection (3),

(3) In varying or amending a pooling order, no change may be made that will alter the ratios of tract participations between the pooled tracts as originally set out in the pooling order.

(1) No person shall produce any oil or gas within a spacing unit in which there are two or more leases or two or more separately owned working interests unless a pooling agreement has been entered into in accordance with section 67 or in accordance with a pooling order made under section 68.

(2) Subsection (1) does not prohibit the production of oil or gas for testing in any quantities approved by the Chief Conservation Officer.

(1) Any one or more working interest owners in a pool or part of a pool exceeding in area a spacing unit, together with the royalty owners, may enter into a unit agreement and operate their interests in accordance with the terms of the unit agreement and any amendments if a copy of the agreement and any amendment has been filed with the Chief Conservation Officer.

(2) The Minister may enter into a unit agreement binding on the Commissioner, on any terms and conditions that the Minister considers advisable, and any of the regulations under this Act, the Northwest Territories Lands Act or the Petroleum Resources Act that may be in conflict with the terms and conditions of the unit agreement stand varied or suspended to the extent necessary to give full effect to the terms and conditions of the unit agreement.

(3) If a unit agreement provides that a unit operator is the agent of the parties with respect to their powers and responsibilities under this Act, the performance or non-performance of those powers and responsibilities by the unit operator shall be attributed to the parties.

(1) Notwithstanding anything in this Act, the Chief Conservation Officer may, if he or she is of the opinion that the unit operation of a pool or part of a pool would prevent waste, apply to the Committee for an order requiring the working interest owners in the pool or part thereof to enter into a unit agreement and a unit operating agreement in respect of the pool or part thereof, as the case may be.

(2) On receiving an application, the Committee shall hold a hearing at which all interested persons shall be given an opportunity to be heard.

(3) After the hearing, the Committee may, if it is of the opinion that the unit operation of a pool or part of a pool would prevent waste, order the working interest owners in the pool or part thereof to enter into a unit agreement and a unit operating agreement in respect of the pool or part thereof.

(4) If the working interest owners and royalty owners fail, within the time specified in the order referred to in subsection (3), in any case being not less than six months after the date of the making of the order, to enter into a unit agreement and a unit operating agreement approved by the Committee, all drilling and producing operations within the pool or part thereof in respect of which the order was made shall cease until a unit agreement and a unit operating agreement are approved by the Committee and filed with the Chief Conservation Officer.

(5) Notwithstanding subsection (4), the Committee may permit the continued operation of the pool or part thereof after the time specified in the order referred to in subsection (3) if the Committee is of the opinion that a unit agreement and unit operating agreement are in the course of being entered into, and the continuation of operations shall be subject to any conditions specified by the Committee.

(1) One or more working interest owners who are parties to a unit agreement and a unit operating agreement and own in the aggregate 65 per cent or more of the working interests in a unit area may apply to the Minister for a unitization order with respect to the agreements.

(2) On receiving an application, the Minister shall refer it to the Committee for the purpose of holding a hearing in accordance with section 78.

(3) An application under subsection (1) may be made by the unit operator or proposed unit operator on behalf of the working interest owners referred to in that subsection.

(1) An application for a unitization order must contain

(2) The unit agreement referred to in subsection (1) must include

(3) The unit operating agreement referred to in subsection (1) must include provisions for

(1) Once an application made under section 76 is referred by the Minister, the Committee shall hold a hearing at which all interested persons shall be given an opportunity to be heard.

(2) If the Committee finds that

the Committee may order

and, subject to section 79, the unit agreement and the unit operating agreement shall have the effect given to them by the order of the Committee.

(3) In a unitization order, the Committee may vary the unit agreement or the unit operating agreement by adding or deleting a provision or amending any provision.

(1) Subject to subsection (2), a unitization order becomes effective on the day that the Committee fixes in the order, but in any case that day may not be less than 30 days after the day on which the order is made.

(2) If a unit agreement or unit operating agreement is varied by the Committee in a unitization order, the effective date fixed in the order must be a date not less than 30 days following the day the order is made, but the order becomes ineffective if, before the effective date, the applicant files with the Committee a notice withdrawing the application on behalf of the working interest owners or there are filed with the Committee statements in writing objecting to the order and signed

(3) The Committee shall without delay revoke a unitization order that becomes ineffective under subsection (2).

(1) A unitization order may be amended on the application of a working interest owner, but before amending a unitization order the Committee shall hold a hearing at which all interested parties shall be given an opportunity to be heard.

(2) If the Committee finds that, at the date of the commencement of a hearing of an application for the amendment of a unitization order, one or more working interest owners who own, in the aggregate, 65 per cent or more of the total working interests and one or more royalty interest owners who own, in the aggregate, 65 per cent or more of the total royalty interests in the unit area have consented to the proposed amendment, the Committee may amend the unitization order in accordance with the amendment proposed.

(1) The percentages of interests referred to in subsections 76(1), 78(2), 79(2) and 81(2) shall be determined

(2) The owner of a working interest in a unit tract that is held as an incident of the ownership of a fee simple estate in oil or gas is, for the purposes of subsection (1), deemed to be a royalty owner in respect of the tract on a prorated area basis under paragraph (1)(a).

(1) A pooled spacing unit that has been pooled in accordance with a pooling order and on which a well has been drilled may be included in a unit area as a single unit tract and the Committee may make any amendments to the pooling order as it considers necessary to remove any conflict between the provisions of the pooling order and the provisions of the unit agreement, or the unit operating agreement or the unitization order, if any.

(2) If a pooled spacing unit is included in a unit area under subsection (1), the provisions of the unit agreement, the unit operating agreement and the unitization order, if any, prevail over the provisions of the pooling order in the event of a conflict.

(3) Notwithstanding subsection (2),

(1) A straddling resource may be exploited as a single pool or field, as the case may be.

(2) An exploration or drilling program related to a straddling resource shall, to the extent practicable, be managed as a single exploration or drilling program.

(1) If an interest owner, as defined in section 1 of the Petroleum Resources Act, advises the Minister or the Regulator, including by way of an application under subsection 39(1) of the Petroleum Resources Act or paragraph 10(1)(b) of this Act, as the case may be, that it intends to start production of the straddling resource, the Minister shall without delay notify the Government of Canada of the interest owner’s intention.

(2) If, after production commences, the Regulator determines that a pool or field is a straddling resource

(1) The royalty owners and the working interest owners in respect of a straddling resource may enter into a unit agreement and, if it is approved under subsection 94(1), they shall operate their interests in accordance with that agreement or any amendment to it.

(2) The working interest owners in respect of a straddling resource may enter into a unit operating agreement and, if it is approved under subsection 94(1), they shall operate their interests in accordance with that agreement or any amendment to it.

(3) Unless the Minister and the Government of Canada agree to an earlier termination, a unit agreement or a unit operating agreement remains in force until the later of

(1) A unit agreement and a unit operating agreement are subject to the approval of the Minister and the Government of Canada, and may only be approved if all royalty owners and working interest owners referred to in subsection 92(1) or all working interest owners referred to in subsection 92(2), as the case may be, are parties to the agreement.

(2) An authorization in relation to the exploitation of a straddling resource may not be issued under paragraph 10(1)(b) and a development plan in relation to that exploitation may not be approved under subsection 14(4) or (7), if the unit agreement and the unit operating agreement are not approved under subsection (1).

(1) The Minister shall issue a unitization order in accordance with the independent expert’s final decision.

(2) The unit agreement and unit operating agreement have the effect given to them by the Minister’s order.

(3) A unitization order is effective only if the Government of Canada issues an equivalent order.

(4) The issuance of a unitization order by the Minister and of an equivalent order by the Government of Canada is deemed to be their joint approval of the unit agreement and the unit operating agreement.

(5) Subject to subsection (3), a unitization order is effective on the date set out in the order, which date may not be less than 30 days after the day on which the order is issued.

(1) Within 90 days after being notified of an intention to refer a matter to an independent expert under subsection 14(8) or section 95 or 98, the Minister and the Government of Canada shall appoint the independent expert.

(2) The expert shall be impartial and independent and shall have knowledge or experience relevant to the matter.

(3) If the Minister and Government of Canada do not appoint the expert in accordance with subsection (1), each shall, within 30 days after the day on which the time to appoint an expert expires, submit to the other the names of up to two persons with the qualifications set out in subsection (2), and they shall within 30 days after the day of submission select the independent expert from those persons by drawing lots and appoint that person as the independent expert.

(4) If the Minister or the Government of Canada does not submit or select names or appoint an expert as required by subsection (3), each is deemed to make the same submission, selection or appointment, as the case may be, as the other and is bound by the decision of the independent expert.

(5) Within 90 days after being seized of the matter or within any other period agreed to by the Minister and the Government of Canada, the independent expert shall make a preliminary decision and the Minister and the Government shall be provided with the preliminary decision and the reasons for it, including any supporting documentation.

(6) The Minister and the Government of Canada may, within 60 days after receiving the preliminary decision, request the independent expert to clarify or reconsider that decision or make additional submissions to the independent expert.

(7) If the Minister or the Government of Canada does so request or make such submissions, the Minister or the Government of Canada shall provide the other with a copy of the request and submissions, and the other may, within 15 days after receiving that copy, make further submissions and, on doing so, shall provide the other with a copy of them.

(8) The independent expert shall, within 120 days after making a preliminary decision, make a final decision and provide it and the reasons for it, including any supporting documentation, to the Minister and the Government of Canada.

(9) An independent expert’s final decision is final and binding on the Minister and the Government of Canada and is not subject to challenge on appeal or judicial review in any court, except on the ground that the independent expert erred in law or exceeded the independent expert’s jurisdiction.

(10) If a person acts as an independent expert,

(1) Except as provided in this Act, every decision or order of the Committee is final and conclusive.

(2) Any minute or other record of the Committee or any document issued by the Committee, in the form of a decision or order, is for the purposes of this section deemed to be a decision or order of the Committee.

(1) The Committee may of its own motion, or at the request of the Minister, state a case, in writing, for the opinion of the Supreme Court on any question that in the opinion of the Committee is a question of law or of the jurisdiction of the Committee.

(2) The Supreme Court shall hear and determine the case stated and remit the matter to the Committee with the opinion of the Court.

(1) An appeal lies from a decision or order of the Committee to the Supreme Court on a question of law, on leave being obtained from the Supreme Court, in accordance with the practice of the Court, on application made within one month after the making of the decision or order sought to be appealed from or within a further time as the Court may allow.

(2) An order of the Committee in respect of which leave to appeal is granted shall be stayed until the matter of the appeal is determined.

(1) A safety officer or the Chief Safety Officer who, on reasonable grounds, is of the opinion that continuation of an operation in relation to the exploration or drilling for or the production, conservation, processing or transportation of oil or gas is likely to result in serious bodily injury, may order that the operation cease or be continued only in accordance with the terms of the order.

(2) The safety officer or Chief Safety Officer who makes an order under subsection (1) shall post at or near the scene of the operation a notice of the order in a form approved by the Regulator.

(3) An order made by a safety 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.

(4) A safety officer who makes an order under subsection (1) shall immediately notify the Chief Safety Officer, and the Chief Safety Officer may confirm, modify or revoke the order.

(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 to refer the order to the Regulator for a review of the need for the order and, on receiving the notice, the Chief Safety Officer shall refer the order accordingly.

(6) The Regulator shall give all interested persons an opportunity to be heard.

(7) After reviewing the need for the order, the Regulator may confirm or revoke the order.

(8) The burden of establishing that the order is not needed is on the person who requested that the order be referred to the Regulator.

(9) No person shall continue an operation in respect of which an order has been made under this section, except in accordance with the terms of the order, or until the order has been revoked by the Regulator under subsection (7).

(1) Every holder of an authorization under paragraph 10(1)(b) in respect of a work or activity for which a prescribed installation is to be used shall put in command of the installation a manager who meets any prescribed qualifications, and the installation manager is responsible for the safety of the installation and the persons at it.

(2) Subject to this Act and any other enactment, an installation manager has the power to do any thing required to ensure the safety of the installation and the persons at it and, more particularly, may

(3) In a prescribed emergency situation, an installation manager’s powers are extended so that they also apply to each operator of a vessel, vehicle or aircraft that is at the installation or that is leaving or approaching it.

(1) Every person is guilty of an offence who

(2) Every person who is guilty of an offence under subsection (1) is liable on summary conviction, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding two years, or to both.

(1) Notwithstanding that a prosecution has been instituted in respect of an offence under this Act, the regulations or any order made under this Act or the regulations, the Government of the Northwest Territories may commence and maintain an action to restrain the committing of any contravention of this Act, the regulations or any order made under this Act or the regulations.

(2) No civil remedy for any act or omission is suspended or affected by reason that the act or omission is an offence under this Act.

(1) This Act is amended by this section.

(2) Subsection 11(2) is amended by striking out "a decision of an arbitrator made in accordance with the regulations" and substituting "a decision of the Surface Rights Board made in accordance with the Surface Rights Board Act".

(3) The following is added after subsection 11(2):

(3) Subsections (1) and (2) do not apply in respect of designated land as defined in subsection 1(1) of the Surface Rights Board Act or Tłı̨chǫ lands as defined in subsection 1(2) of that Act.

(1) This Act applies to all matters respecting the exploration and drilling for and the production, conservation, processing and transportation of oil and gas in the onshore that had been governed by the Canada Oil and Gas Operations Act before the coming into force of this Act.

(2) The rights and duties that had accrued or that were accruing under, and the matters governed by the Canada Oil and Gas Operations Act before the coming into force of this Act continue in effect as rights and duties accrued or accruing under and subject to the provisions of this Act.

(3) An authorization in respect of the exploration and drilling for and the production, conservation, processing and transportation of oil and gas in the onshore that had been issued or made under the Canada Oil and Gas Operations Act before the coming into force of this Act continues in effect as an authorization issued or made in accordance with this Act.

(4) The information requirements that had been imposed under subsection 5(1) or 5.1(2) of the Canada Oil and Gas Operations Act before the coming into force of this Act continue in effect as requirements imposed in accordance with this Act until they are replaced or revoked by the Regulator.

(5) The guidelines and interpretation notes that had been issued under subsection 5.3(1) or (2) of the Canada Oil and Gas Operations Act before the coming into force of this Act continue in effect as guidelines and interpretation notes imposed in accordance with this Act until they are replaced or revoked by, as appropriate, the Regulator or the Minister.

(1) This Act, except section 122, comes into force April 1, 2014.

(2) Section 122 comes into force on the day sections 6 and 29 to 89 of Bill 3, introduced during the Fifth Session of the Seventeenth Legislative Assembly and entitled the Surface Rights Board Act, come into force.