Canada Oil and Gas Operations Act

Marginal note:Licences and authorizations

• 5 (1) On application made in the manner prescribed by the regulations, the National Energy Board

  • (a) may issue an operating licence, renewable annually, subject to such requirements as he determines and to such fees and deposits as are prescribed by the regulations; and

  • (b) may authorize in writing each work or activity proposed to be carried on, subject to such approvals, requirements and deposits as he determines or as may be prescribed by the regulations, including

    • (i) requirements relating to liability for loss, damage, costs or expenses,

    • (ii) requirements for the carrying out of environmental programs or studies, and

    • (iii) requirements for the payment of expenses incurred by the National Energy Board in approving the design, construction and costs of production facilities and production platforms as those terms are defined in the regulations.

• Marginal note:Employment of Canadians and use of Canadian goods and services

  (2) Before authorizing any work or activity under paragraph (1)(b), the National Energy Board shall require the submission of a plan satisfactory to the National Energy Board 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 that work or activity.

• Marginal note:Affirmative action programs

  (3) The National Energy Board may require that any plan submitted pursuant to 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 in the work program for which the plan was submitted.

• Marginal note:Requirements for authorization

  (4) An authorization shall be subject to such approvals as the National Energy Board determines or as may be granted in accordance with the regulations and such requirements and deposits as the National Energy Board determines or as may be prescribed, including

  • (a) requirements relating to liability for loss, damage, costs or expenses;

  • (b) requirements for the carrying out of environmental programs or studies; and

  • (c) requirements for the payment of expenses incurred by the National Energy Board in approving the design, construction and operation of production facilities and production platforms as those terms are defined in the regulations.

• Marginal note:Rights of licence holders

  (5) Subject to this Act and the regulations, and to section 52 of the Canada Oil and Gas Act and the regulations made thereunder for the purposes of that section, the holder of an operating licence may, for the purpose of exploring for oil or gas, enter on and use the surface of the lands in any area in which this Act applies in order to carry on the work or activity authorized under paragraph (1)(b).

• Marginal note:Variation

  (6) The terms of an operating licence or authorization may be varied under section 28.3 of the National Energy Board Act.