First Nations Oil and Gas and Moneys Management Act
S.C. 2005, c. 48
Assented to 2005-11-25
An Act to provide first nations with the option of managing and regulating oil and gas exploration and exploitation and of receiving moneys otherwise held for them by Canada
WHEREAS the White Bear First Nation entered into Treaty Number Four with Her Majesty on September 23, 1875 and the Blood and Siksika (Blackfoot) First Nations entered into Treaty Number Seven with Her Majesty on September 22, 1877;
WHEREAS existing aboriginal and treaty rights of the aboriginal peoples of Canada were recognized and affirmed by section 35 of the Constitution Act, 1982;
WHEREAS the White Bear, Blood and Siksika First Nations wish to assume control of oil and gas in their reserve lands and related revenues, and control of current and future moneys that would otherwise be held for them by Canada;
WHEREAS those first nations have, since 1994, entered into a series of agreements with the Government of Canada for the co-management of oil and gas in their reserve lands;
WHEREAS the same first nations have participated with the Government of Canada in the development of proposals for legislation for the transfer of control of oil and gas and of moneys held for them;
AND WHEREAS it is recognized that such legislation could also benefit other first nations if they chose to avail themselves of it;
NOW THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:Short title
1. This Act may be cited as the First Nations Oil and Gas and Moneys Management Act.
INTERPRETATION AND APPLICATION
2. (1) The following definitions apply in this Act.
« contrat »
“contract” means a licence, permit or lease granting a surface or subsurface right or interest in land — or an instrument evidencing an easement, a right-of-way, a right of entry or any other disposition of a right or interest in land — that is granted, issued or made for the purposes of oil or gas exploration or exploitation.
« autorité décisionnelle »
“decision-making authority”, in relation to a project, means a person or body having power under section 34 or under a first nation’s oil and gas laws to make any decision that is required in order for the project to be undertaken.
« évaluation environnementale »
“environmental assessment”, in relation to a project in a managed area, means an assessment of the project’s effects on the environment conducted in one or more stages in accordance with a first nation’s oil and gas laws.
« exploitation »
“exploitation”, in relation to oil or gas, means its extraction, production, storage, distribution, processing or refining, or its use to generate electrical energy, to the extent that those activities relate to lands in a managed area.
« exploration »
“exploration” includes surveying, mapping, test drilling and geological, geophysical and geochemical examinations carried out in pursuit of oil or gas.
« institution financière »
“financial institution” means a bank or a trust company.
« première nation »
“first nation” means a band within the meaning of the Indian Act.
“first nation member”
« membre de la première nation »
“first nation member” means a person whose name appears on the band list of a first nation or who is entitled to have their name appear on that list.
« gaz »
“gas” means natural gas that can be produced from a well, including natural gas from a coal bed, and includes marketable gas as well as condensate and other fluid components of natural gas that are not oil.
« secteur aménagé »
“managed area” means a managed area as described in section 25.
« ministre »
“Minister” means the Minister of Indian Affairs and Northern Development.
« pétrole »
“oil” means any hydrocarbon that can be extracted or recovered in liquid form from surface or subsurface deposits, other than condensate, or that can be extracted or recovered from bitumen, bituminous sands, oil sands or oil shale.
“oil and gas law”
« texte pétrolier ou gazier »
“oil and gas law” means a law made by a first nation under section 35.
“oil and gas moneys”
« recettes pétrolières ou gazières »
“oil and gas moneys” means moneys derived from oil or gas exploration or exploitation within the managed area of a first nation after the first nation’s transfer date, and includes fines recovered for offences under oil and gas laws.
« projet »
(a) any proposed construction, operation, modification, decommissioning or abandonment of an installation used for oil or gas exploration or exploitation, or any other proposed undertaking in relation to such an installation; or
(b) any proposed exploration activity of a kind that is defined, by the regulations or by a first nation’s oil and gas laws, as a project for the purposes of environmental assessments.
« date de transfert »
“transfer date”, in relation to a first nation, means the date on which the first nation’s name is added to Schedule 1 under subsection 22(1).
« société de fiducie »
“trust company” means a trust company under subsection 57(2) of the Trust and Loan Companies Act, or a company incorporated by or under a provincial Act that carries on the business of a trust company, that is a member institution within the meaning of section 2 of the Canada Deposit Insurance Corporation Act.
Marginal note:Expressions in Canadian Environmental Assessment Act, 2012
(2) In this Act, “environment” and “environmental effects” have the same meaning as in subsection 2(1) of the Canadian Environmental Assessment Act, 2012.
Marginal note:Expressions in Indian Act
(3) Unless the context otherwise requires, words and expressions used in this Act have the same meaning as in the Indian Act.
- 2005, c. 48, s. 2;
- 2012, c. 19, s. 61.
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