Bill 65 - Petroleum Act

BILL 65

Petroleum Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

PART 1

DEFINITIONS

Definitions

1 The following definitions apply in this Act.

“administrative penalty” means an administrative penalty issued under section 150. (pénalité administrative)

“battery” means a system or arrangement of tanks or other surface equipment receiving the production of one or more wells prior to delivery to market or other disposition, and includes equipment or devices for separating and measuring that production into petroleum or water for measurement. (batterie)

“bituminous shale products” means bituminous shale products as defined in the Bituminous Shale Act. (produits de schistes bitumineux)

“condensate” means a mixture composed mainly of pentanes and heavier hydrocarbons that is recovered or is recoverable at a well from an underground reservoir and may be gaseous in its virgin reservoir state but is liquid at the conditions under which its volume is measured or estimated. (condensat)

“Crown” means Her Majesty in right of the Province. (Couronne)

“Crown Lands” means all or any part of the lands vested in the Crown that are under the administration and control of the Minister and includes any water upon or under the surface of such lands. (terres de la Couronne)

“directive” means a directive issued by the Minister under section 138. (directive)

“discovery well” means a well that has been designated as a discovery well by the Minister. (puits de découverte)

“field” means an area that is designated by the Minister under paragraph 35(b) as a field, and includes part of a field. (champ)

“geophysical exploration” means any investigation conducted on or over the land or water to determine geologic or other conditions in the subsurface or any potential cavern location and includes a gravimetric, magnetic, electrical, radioactivity or geophysical survey. (prospection géophysique)

“geophysical licence” means a geophysical licence granted under section 24. (licence de prospection géophysique)

“geophysical permit” means a geophysical permit issued under the regulations. (permis de travaux géophysiques)

“lease” means a lease granted under this Act. (bail)

“lease area” means the area included in a lease. (périmètre)

“licence area” means the area included in a licence to search. (périmètre)

“licence to search” means a licence to search granted under this Act. (permis de recherche)

“Minister” means the Minister of Natural Resources. (ministre)

“ministerial order” means a ministerial order issued by the Minister under section 142. (ordre ministériel)

“natural gas” means a mixture of raw gases containing mainly methane, natural gas liquids, nitrogen, carbon dioxide, hydrogen sulphide, helium and other related substances, which is recovered or is recoverable at a well from an underground reservoir and is gaseous at the conditions under which its volume is measured or estimated. (gaz naturel)

“natural gas liquids” means a mixture of mainly methane, propane or butanes obtained from the processing of natural gas. (liquides de gaz naturel)

“oil” means a liquid at the conditions under which its volume is measured or estimated composed mainly of pentanes and heavier hydrocarbons that is recovered or is recoverable at a well from an underground reservoir, but does not include natural gas, natural gas liquids or bituminous shale products. (pétrole)

“paying quantity” means the output of a well or a pool of such quantity of petroleum, considering, at the relevant time, the quality of the petroleum, the price to be paid for the petroleum which would economically warrant the placing of the well or the pool on production either initially or after any period of suspension and all capital and operating expenditures required to be expended, including all costs associated with the production, processing, transportation and marketing of the petroleum. (quantité rentable)

“petroleum” means oil or natural gas, or both. (resource pétrolière)

“Petroleum Commissioner” means the Petroleum Commissioner appointed under section 43. (commissaire aux resources pétrolières)

“petroleum register” means the petroleum register established under section 73 . (register des droits pétrolièrs)

“petroleum right” means a licence to search or lease. (titre pétrolier)

“pool” means a natural underground reservoir containing or appearing to contain an accumulation of petroleum and being separated or appearing to be separated from any other accumulation or an area designated as a pool by the Minister under paragraph 35(a), and includes part of a pool. (gisement)

“private lands” means lands other than Crown Lands and other lands vested in the Crown. (terres privées)

“Registrar” means a person designated by the Minister to act as Registrar under this Act. (registraire)

“shot hole” means a hole drilled for the purpose of detonating an explosive charge for the primary purpose of obtaining geophysical information, whether or not the shot is fired. (trou de tir)

“special order” means a special order granted by the Petroleum Commissioner under section 64. (ordre spécial)

“unitization” or “unitize” means a joint operational arrangement between the holders of 2 or more petroleum rights for carrying on work or activity in relation to the development or production of petroleum from the same pool or the same field. (exploitation concertée)

“unitization agreement” means an agreement in respect of the unitization of the same pool or the same field, which includes provisions indicating how the development of the pool or the field is carried out, that ensures the conservation of petroleum and the coordinated management of interests in the resource. (accord d’exploitation concertée)

“unitization order” means a unitization order issued by the Minister requiring the unitization of the interests of 2 or more petroleum rights. (décret d’exploitation concertée)

“wasteful operation” includes (opération génératrice de gaspillage)

(a) the locating, spacing, drilling, equipping, completing, operating or producing of a well in a manner that would result in reducing the quantity of petroleum ultimately recoverable from a pool by the use of good drilling practice, good production practice and economic principles,

(b) the locating, spacing, drilling, equipping, completing, operating or producing of a well in a manner that causes or tends to cause excessive surface loss or destruction of petroleum,

(d) the failure to use suitable and timely artificial, secondary, or supplementary recovery methods in a pool where it appears probable, on the basis of available information, that the use of any such methods would result in increasing the quantity of petroleum ultimately recoverable from a pool by the use of good drilling practice, good production practice and sound economic principles,

(e) the escape or flaring of natural gas if it appears that, in the public interest and by the use of good drilling practice, good production practice and in the light of economics and the risk factor involved, the natural gas could be gathered, processed if necessary, and it or the products from it marketed, stored for future marketing, or beneficially injected into an underground reservoir,

(f) the inefficient or improper storage of petroleum on the surface or underground,

(g) the production of petroleum in excess of the quantity that can be properly stored, transported or marketed, and

(h) the use of natural gas for purposes other than gas lift, repressuring, recycling, pressure or maintenance or for fuel or electrical requirements, unless the use is efficient and in the public interest.

“well” means any opening in the ground that is made, is to be made or is in the process of being made, by drilling, boring or any other method, other than a shot hole, (puits)

(a) for the production of petroleum,

(b) for the purpose of searching for or obtaining petroleum,

(d) for the purpose of injecting gas, air, water or other substance into an underground formation.

“well licence” means a well licence granted under section 30. (permis de forage de puits)

PART 2

OWNERSHIP

Ownership

2 All petroleum is declared to be and is deemed always to have been property separate from the soil and vested in the Crown.

PART 3

PETROLEUM RIGHTS, CALL FOR POSTINGS AND CALL FOR TENDERS

Prohibitions

3 Subject to this Act and the regulations, no person shall explore for, develop, drill for or produce petroleum

(a) unless that person holds a petroleum right granted under this Act,

(b) without the consent of the Crown if the exploration, development, drilling or production is undertaken on Crown Lands,

(c) without the agreement referred to in section 63 of the owner, tenant or occupant of the lands if the exploration, development, drilling or production is undertaken on private lands or, where agreement has not been reached, except in accordance with a special order, and

(d) except in accordance with the regulations and any directive that may be issued by the Minister.

Division A

Licence to search

4(1) The Minister may grant a licence to search.

4(2) The grant of a licence to search under this section shall be preceded by a call for tenders referred to in section 22 and conducted in accordance with the regulations.

4(3) The Minister may refuse to grant a licence to search if any person would hold, if granted, less than a 1% undivided interest in the licence to search.

Rights granted

5 Subject to this Act and the regulations, a licence to search grants, with respect to the area to which the licence to search applies,

(a) the right to explore for petroleum,

(b) the right to develop a pool or a field in the licence area,

(d) the right to convert the licence to search to a lease.

Exploratory work

6(1) A holder of a licence to search shall be required to perform exploratory work on the area for which the licence to search was granted.

6(2) The exploratory work a holder of a licence to search shall perform for the term of the licence to search shall be at least equivalent to the tendered value of the work referred to in the successful tender.

Security

7 Before a licence to search may be granted, the Minister shall require the successful bidder to deposit with the Minister of Finance security in an amount equivalent to the value of the exploratory work referred to in subsection 6(2).

Rent

8 The holder of a licence to search shall pay rent in the amount, at the time and in the manner prescribed by regulation.

Term of licence to search

9 A licence to search shall be granted for a term of 3 years.

Conversion to lease

10(1) The holder of a licence to search may, upon payment of the fee prescribed by regulation, apply to the Minister at any time before the end of the term of the licence to search, to have the licence to search or any portion of the licence area converted to a lease.

10(2) An application made under this section shall be made on a form provided by the Minister.

10(3) A licence to search or any portion of the licence area may be converted to a lease under this section if the holder of the licence to search has complied with this Act and the regulations and with the terms and conditions of the licence to search.

Surrender of licence to search

11(1) If the exploratory work referred to in section 6 has been completed and the holder of the licence to search has complied with the terms and conditions of the licence and with the provisions of this Act and the regulations, the holder of the licence to search may surrender all or any portion of the licence area at any time by filing with the Registrar a written notice of the surrender on or before the expiry date of the licence.

11(2) Upon the expiration of the term of the licence to search or upon surrender of all or any portion of a licence area, the rights granted under the licence or that part of the licence area shall be surrendered to the Crown.

Debt due

12 If the holder of a licence to search has not completed the exploratory work before the end of the term of the licence to search or upon the licence being converted to a lease under section 10, the amount not met is a debt due to the Crown and may be recovered by action in the name of the Crown in any court of competent jurisdiction.

Division B

Lease

13(1) The Minister may grant a lease.

13(2) The grant of a lease shall be preceded by a call for tenders referred to section 22 and conducted in accordance with the regulations.

13(3) The Minister may refuse to grant a lease if any person would hold, if granted, less than a 1% undivided interest in the lease.

Rights granted

14 Subject to this Act and the regulations, a lease grants the holder, with respect to the area to which the lease applies,

(a) the right to explore for petroleum,

(b) the right to develop a pool or a field, and

Rent

15 The holder of a lease shall pay rent in the amount, at the time and in the manner prescribed by regulation.

Term of lease

16 A lease shall be granted for a term of 5 years.

Renewal of lease

17(1) Upon application and payment of the fee prescribed by regulation by the holder of a lease no later than 6 months before the expiration of the term of the lease, the Minister may, if satisfied that this Act and the terms and conditions of the lease have been complied with, renew the lease in respect of all or any portion of the lease area.

17(2) A lease may be renewed under this section only in respect of that portion of the lease area

(a) that is, in the opinion of the Minister, producing or capable of producing in paying quantity, or

(b) where, at the time of the application for renewal, drilling to delineate the extent of a pool or a field is under way and being conducted to the satisfaction of the Minister.

Terms and conditions of renewal

18(1) A lease renewed under section 17 shall only be renewed for the period that the lease area is, in the opinion of the Minister, producing or capable of producing in paying quantity, up to a maximum period of 10 years.

18(2) A lease renewed under section 17 shall be subject to such terms and conditions as the Minister may prescribe and the condition that if, at any time during the renewal period, drilling to delineate the extent of the pool or the field is not under way or not being carried out to the satisfaction of the Minister, the lease may be cancelled.

18(3) A lease may be renewed more than once.

Surrender of lease

19(1) If the holder of the lease has complied with the terms and conditions of the lease and has complied with the provisions of this Act and the regulations, the holder of the lease may surrender all or any portion of the lease area at any time by filing with the Registrar a written notice of the surrender on or before the expiry date of the lease.

19(2) Upon the expiration of the term of the lease or upon surrender of all or any portion of a lease area, the rights granted under the lease or that part of the lease area shall be surrendered to the Crown.

Request to divide lease area

20(1) A holder of a lease may apply to the Minister to divide the lease area into parts in accordance with this Act and the regulations.

20(2) An application made under this section shall be made on a form provided by the Minister.

20(3) Notwithstanding subsection 13(2), the Minister may divide the lease area into parts, if the requirements of a transfer of part of a lease area referred to in sections 75 to 77 are met, by

(a) granting a lease to the transferee upon such terms and conditions as the Minister may prescribe for the part of the lease area referred to in the application under subsection (1), and

(b) directing the Registrar

(i) to allow the transfer of part of the lease area, and

(ii) to amend the original lease to reflect the new lease area and to make any other amendments that are necessary to effect the division of the lease area.

Division C

Call for postings and call for tenders

Call for postings

21(1) The Minster may issue a call for postings inviting persons to indicate in writing the particular areas of land they would prefer to see made available for a call for tenders under this Part.

21(2) The Minister is not required to make a call for tenders as a result of a request received under this section

Call for tenders for a petroleum right

22(1) The grant of a petroleum right shall be preceded by a call for tenders conducted in accordance with the regulations.

22(2) A tender submitted in accordance with a call for tenders shall

(a) satisfy the terms and conditions specified in the call and the terms and conditions, if any, specified in the regulations, and

(b) be submitted in the form and manner specified in the call and in the form and manner, if any, specified in the regulations.

22(3) The successful tender shall be selected on the basis of the criteria specified in the call for tenders and the criteria, if any, specified in the regulations.

PART 4

GEOPHYSICAL LICENCE

Prohibitions

23(1) No person shall perform geophysical exploration

(a) unless that person holds a geophysical licence or holds a geophysical permit and is acting on behalf of the holder of a geophysical licence,

(b) without the consent of the Crown if the geophysical exploration is undertaken on Crown Lands,

(c) without the agreement referred to in section 63 of the owner, tenant or occupant of the lands if the geophysical exploration is undertaken on private lands or, where an agreement could not be reached, except in accordance with a special order, and

(d) except in accordance with the regulations and any directive that may be issued by the Minister.

23(2) No person shall operate geophysical equipment except

(a) in accordance with the regulations, and

(b) in accordance with any directive that may be issued by the Minister.

Geophysical licence

24(1) The Minister may, upon application and payment of the fee prescribed by regulation, grant a geophysical licence.

24(2) An application made under this section shall be made on a form provided by the Minister.

Rights conferred

25(1) A geophysical licence confers the non-exclusive right to conduct, subject to this Act and the regulations, geophysical exploration in the area described in the geophysical licence.

25(2) Subject to this Act and the regulations and notwithstanding the grant of a petroleum right, a holder of a geophysical licence may carry out, in the area described in the geophysical licence,

(a) test hole drilling to a depth of up to 150 metres,

(b) test hole drilling to a depth of up to 450 metres if the holder has written approval from the Minister, or

25(3) A person who performs exploration activities as described in subsection (2) shall not interfere with the operations of any holder of a mining or mineral claim or mining lease under the Mining Act, any holder of a mining licence or mining lease continued under the Mining Act, any holder of a mining right granted under the Ownership of Minerals Act or section 25 of the Mining Act or any predecessor of that section, any licensee or lessee under the Bituminous Shale Act, any holder of an underground storage exploration licence or storage lease under the Underground Storage Act or any holder of a petroleum right, geophysical licence or well licence granted under this Act for the location upon which the activities are conducted.

Terms and conditions

26(1) A geophysical licence is subject to the terms and conditions established by or in accordance with the regulations, and such additional terms and conditions as the Minister may impose.

26(2) A geophysical licence shall be granted for a term of one year.

Renewal

27 A geophysical licence may be renewed in accordance with the regulations.

Security

28 Before a geophysical licence may be granted, the Minister shall require the applicant to deposit security in the amount and in the form prescribed by regulation.

PART 5

WELL DRILLING, DEVELOPMENT, PRODUCTION AND WELL ABANDONMENT

Prohibitions

29 No person shall drill or develop a well or produce from a well

(a) without being the holder of a well licence,

(b) without being the holder of a petroleum right or the authorized representative of the holder of a petroleum right,

(d) without the agreement referred to in section 63 of the owner, tenant or occupant of the lands if the drilling or development is undertaken on private lands or, where agreement has not been reached, except in accordance with a special order, and

(e) except in accordance with the regulations, a development plan, if any, and any directive that may be issued by the Minister.

Division A

Well drilling

Well licence

30(1) The Minister may, in accordance with the regulations and upon application and payment of the fee prescribed by regulation, grant a well licence.

30(2) An application made under this section shall

(a) be made on a form provided by the Minister,

(b) include a well abandonment deposit in the amount prescribed by regulation.

Terms and conditions

31 The Minister may impose such terms and conditions on a well licence as the Minister considers appropriate.

Drilling

32 A holder of a well licence shall

(a) only drill a well at the location specified in the well licence, and

(b) notify the Minister of the intended date of commencement of drilling.

Division B

Development

Prohibitions

33 No person shall carry on work or activity in relation to developing a pool or a field

(a) without the approval of the Minister, and

(b) if that work or activity is not undertaken in accordance with a development plan, if a development plan is required under this Act for the development of that pool or that field.

Discovery of pool or field

34(1) If a holder of a well licence or a petroleum right discovers a pool or a field, the Minister may designate the well as a discovery well.

34(2) Upon application to the Minister on a form provided by the Minister, the Minister may allow production from a well designated a discovery well and designate an interim production rate for that well until such time, if any, a development plan is approved by the Minister.

Designation of pool or field

35 The Minister may

(a) designate as a pool an area that, in the opinion of the Minister, contains an accumulation of petroleum that is separate from any other accumulation of petroleum, and

(b) designate as a field an area under which one or more pools are situated.

Development plan

36(1) A holder of a petroleum right or a well licence seeking to develop a pool or a field from 2 or more wells shall submit to the Minister an application for the approval of a development plan, accompanied by the fee prescribed by regulation and the development plan.

36(2) An application for a development plan and the development plan shall be in the form required by the Minister and shall contain the information prescribed by regulation.

Approval of development plan

37 After reviewing a development plan submitted under section 36, the Minister may, subject to such requirements or conditions as the Minister considers appropriate or as may be prescribed by regulation, approve the development plan.

Amendment to development plan

38 An amendment to a development plan shall be made in accordance with the regulations and approved by the Minister.

Notice and public information sessions

39 Without limiting the generality of section 37, before approving a development plan or an amendment to a development plan, the Minister may require that the applicant make the whole or a part of the contents of the application or a part of the contents of the development plan available to the public in accordance with the regulations or require that the applicant hold public information sessions respecting the development plan in accordance with the regulations.

Division C

Production and well abandonment

Production

40 Before the holder of a well licence commences production from a well, the holder shall

(a) file with the Minister an emergency response plan satisfactory to the Minister, and

(b) notify the Minister at least 24 hours before the date of commencement of production.

Rate of production

41 A holder of a petroleum right or well licence seeking to produce petroleum from a well shall only do so at a production rate satisfactory to the Minister or in accordance with a development plan approved by the Minister.

Well abandonment

42(1) A holder of a well licence shall not abandon a well without the written approval of the Minister.

42(2) If the Minister approves an application to abandon a well, the person shall abandon the well in accordance with the regulations and any term or condition specified by the Minister.

42(3) If a well is not abandoned in accordance with the requirements referred to in subsection (2), the Minister may use or expend all or any part of the well abandonment deposit furnished by the holder of the well licence to defray the cost of abandonment of the well, including, but not limited to, the rehabilitation of the well site to the satisfaction of the Minister.

PART 6

DISPUTES AND JUDICIAL REVIEW

Appointment of Petroleum Commissioner

43 The Lieutenant-Governor in Council shall appoint a Petroleum Commissioner.

Terms of office

44 The Petroleum Commissioner shall be appointed for a term not to exceed 5 years and may be reappointed.

Remuneration, benefits and expenses

45(1) The Lieutenant-Governor in Council shall determine the remuneration and benefits to be paid to the Petroleum Commissioner.

45(2) The Petroleum Commissioner may be paid reasonable expenses as are incurred by the Petroleum Commissioner in the exercise of his or her powers.

Powers and jurisdiction

46(1) Any question or dispute arising out of the application of this Act and the regulations shall be determined by the Petroleum Commissioner who shall have full and exclusive jurisdiction to hear, determine and deal with any question or dispute submitted to him or her.

46(2) Notwithstanding subsection (1), the Petroleum Commissioner does not have the jurisdiction to hear or determine a question or dispute relating to

(a) a ministerial order,

(b) royalties, and

46(3) The Petroleum Commissioner shall exercise such other powers as may be conferred on the Petroleum Commissioner by the Lieutenant-Governor in Council.

Notice of dispute

47(1) Where a person disputes or questions any order, decision or determination arising out of the application of this Act and the regulations, the person shall serve upon the Petroleum Commissioner a written notice of dispute not more than 30 days after the person had notice of the order, decision or determination giving rise to the dispute.

47(2) A notice of dispute referred to in subsection (1) shall contain a statement of the matter under dispute and the name and address of the person disputing or questioning the order, decision or determination.

47(3) Upon receipt of a notice of dispute referred to in subsection (1), the Petroleum Commission shall immediately notify the Minister, the Registrar and any person the Petroleum Commissioner considers to have a substantial interest in the dispute.

47(4) The person disputing or questioning the order, decision or determination and the persons having a substantial interest in the dispute to whom notification is given under subsection (3) shall immediately provide the Petroleum Commission with every document of any kind pertaining to the matter being disputed.

Procedure

48 When inquiring into or hearing or determining any question or dispute, the Petroleum Commissioner

(a) is the master of his or her own procedure and may give directions about process and procedure that the Petroleum Commissioner considers appropriate in the circumstances, including a direction for an electronic hearing, a written hearing, an oral hearing or a pre-hearing conference,

(b) is not required to hold an oral hearing unless the Petroleum Commissioner considers it necessary to do so in order to act in a procedurally fair manner,

(c) may request from anyone evidence or studies in the possession of or under the control of the person, and may require anyone to gather evidence or prepare studies relevant and incidental to the matters over which the Petroleum Commissioner has jurisdiction under this Act and the regulations,

(d) has all of the powers and privileges that commissioners have under the Inquiries Act,

(e) may record evidence by a sound recording machine,

(f) shall ensure procedural fairness to all affected persons,

(g) is not bound by any common law rule of evidence except that the evidence he or she considers shall be relevant, material and trustworthy as the Petroleum Commissioner determines, and

(h) may make orders allowing evidence to be taken outside the Province and used in proceedings.

Petroleum Commissioner may view

49(1) In hearing and determining any question or dispute, the Petroleum Commissioner may view the well site, or the area to which the petroleum right, geophysical licence or well licence applies, that is the subject of the dispute for the purpose of ascertaining whether the holder of the petroleum right, geophysical licence or well licence has complied with this Act if a view may facilitate the understanding of the evidence.

49(2) Prior to the Petroleum Commissioner viewing a well site, or the area to which a petroleum right, geophysical licence or well licence applies, under subsection (1), the parties to the dispute

(a) shall be given at least 24 hours’ notice of the date and time of the view, and

(b) may attend the view with the Petroleum Commissioner.

Inspection by qualified person

50(1) In hearing and determining any question or dispute, the Petroleum Commissioner may order a qualified person appointed by the Petroleum Commissioner to inspect a well site or the area to which any petroleum right, geophysical licence or well licence applies, with or without notice, for the purpose of ascertaining whether the holder of the petroleum right, geophysical licence or well licence has complied with this Act and the regulations and to prepare a report of the inspection.

50(2) A report of an inspection referred to in subsection (1) shall be made in writing by the person making the inspection and shall be filed in the office of the Registrar.

50(3) The holder of any petroleum right, geophysical licence, well licence or any other interested person is entitled, upon payment of the fee prescribed by regulation, to receive from the Registrar a certified copy of a report of inspection filed under this section.

Hearing

51(1) The Petroleum Commissioner shall fix the time and place for the hearing of the dispute.

51(2) The Petroleum Commissioner shall serve upon the person disputing or questioning the order, decision or determination and upon the persons to whom notification is given under subsection 47(3) written notice of the date, time and place for the hearing of the dispute.

51(3) Before setting the date for the hearing, the Petroleum Commissioner shall direct the person disputing or questioning the order, decision or determination to submit a statement of the facts and of the remedy or decision sought and the person shall, within 10 days after receiving the direction, submit the statement to the Petroleum Commissioner.

51(4) The Petroleum Commissioner may, upon request, adjourn or postpone a hearing for the period of time the Petroleum Commissioner considers appropriate.

51(5) An adjournment or postponement referred to in subsection (4) may be made by telephone.

51(6) The Petroleum Commissioner may extend the time fixed for doing anything in relation to hearing any dispute or question before the Petroleum Commissioner, whether or not the time fixed has expired, and the Petroleum Commissioner may abridge the time fixed for doing anything in relation to an application before him or her.

51(7) The hearing of the dispute shall be open to the public unless the Petroleum Commissioner directs otherwise.

51(8) At the hearing of the dispute, the parties to the dispute have the right to attend and to make representations and to adduce evidence respecting the dispute either by themselves or through counsel.

51(9) The Minister shall be entitled to be heard by counsel or otherwise in a proceeding before the Petroleum Commissioner.

No stay

52 A notice of dispute under this Part does not stay the operation of the order, decision or determination in dispute pending the completion of the hearing of the dispute, unless the Petroleum Commissioner orders otherwise.

No further registration

53 The Registrar shall not register any transfer, security interest or other interest related to the petroleum right, well licence or geophysical licence if the petroleum right, well licence or geophysical licence is

(a) the subject of a notice of dispute, or

(b) the subject of a decision, order, determination or direction of the Petroleum Commissioner and the time within which an application for judicial review from the decision, order or determination may be made has not expired.

Orders and directions of Petroleum Commissioner

54(1) In hearing or determining any question or dispute, the Petroleum Commissioner may make any order that he or she considers necessary.

54(2) The Petroleum Commissioner may give any direction that he or she considers necessary to enforce compliance with any order made under subsection (1).

54(3) If the Petroleum Commissioner has determined that there has been actual damage to or interference with the use and enjoyment of property and he or she has determined the compensation to be paid, the Petroleum Commissioner may order the holder of any petroleum right, well licence or geophysical licence to pay the amount so determined to the person aggrieved.

54(4) In determining any question or dispute, the Petroleum Commissioner may order the alteration, cancellation or reinstatement of any petroleum right, geophysical licence or well licence.

Reasons

55 The Petroleum Commissioner shall render his or her decision within 10 days after the end of the hearing and shall forward by registered mail a written copy of the reasons for the decision to the parties, the Minister and the Registrar.

Compliance with orders

56 Every person to whom an order of the Petroleum Commissioner is directed shall comply with the order in the manner and within the period specified in the order.

Decision or order sent to Registrar

57(1) If a decision or order affects an interest in a petroleum right, well licence or geophysical licence, the Petroleum Commissioner shall forward a copy of the decision or order to the Registrar who shall amend the records of the petroleum register.

57(2) The Registrar shall give notice in writing to the parties to the hearing before the Petroleum Commissioner of any amendment of the records of the petroleum register as soon as possible after amending the records.

Costs

58 The Petroleum Commissioner may award costs on hearing and determining any question or dispute submitted to him or her under this Act.

Assessments

59(1) The Petroleum Commissioner may assess the parties to a hearing for all of the expenses of the hearing, including the expenses of witnesses and a court reporter.

59(2) An assessment is due and payable to the Petroleum Commissioner within 30 days after it is made.

59(3) An assessment made under subsection (1) constitutes a debt due to the Crown by the person against whom it is made and may be recovered by the Petroleum Commissioner as a debt in any court of competent jurisdiction.

59(4) In any claim or action under this section, a certificate purporting to be signed by the Petroleum Commissioner setting out the amount of an assessment is, without proof of the appointment, authority or signature of the Petroleum Commissioner, admissible in evidence and is, in the absence of evidence to the contrary, proof of the amount of the assessment set out in the certificate.

Immunity

60 No action lies for damages or otherwise and no proceeding shall be taken in any court against the Petroleum Commissioner or any person appointed by the Petroleum Commissioner in relation to anything done in good faith, or in relation to anything omitted in good faith, by the Petroleum Commissioner or any person appointed by the Petroleum Commissioner.

Judicial review

61(1) A person aggrieved by an order, decision or determination of the Petroleum Commissioner may make an application for judicial review of the order, decision or determination to The Court of Queen’s Bench of New Brunswick within 15 days after being notified of the making of the order, decision or determination.

61(2) An application for judicial review does not stay the operation of the order, decision or determination of the Petroleum Commissioner, unless a judge of The Court of Queen’s Bench of New Brunswick orders otherwise, but the Petroleum Commissioner may suspend the operation of the order, decision or determination until the Court has rendered its decision.

PART 7

RIGHT OF ENTRY

Right of entry upon Crown Lands

62 No person shall enter upon and explore for petroleum on Crown Lands or do any other related activity upon Crown Lands without the consent of the Minister upon such terms and conditions as the Minister may impose.

Right of entry upon private lands

63(1) No person shall enter upon and explore for petroleum on private lands or do any other related activity on private lands without the agreement of the owner, tenant or occupant of the lands or, where an agreement has not been reached, except in accordance with a special order.

63(2) Upon the request of the owner, tenant or occupant of the lands, the agreement referred to in subsection (1) shall be in writing.

Special order

64(1) A holder of a petroleum right, well licence or geophysical licence who is unable to obtain the agreement referred to in section 63 of the owner, tenant or occupant of private lands for the right to enter and explore the lands, or any part of those lands, covered by his or her petroleum right, well licence or geophysical licence, may apply in writing to the Petroleum Commissioner for a special order to enter such land.

64(2) No application shall be made under subsection (1) unless the applicant has served upon the owner, tenant or occupant of the lands and the Minister, 5 days before the making of the application, written notice of the intention to make the application.

64(3) Upon receipt by the Petroleum Commissioner of the application and of evidence that notice of intention has been served as required by subsection (2), the Petroleum Commissioner

(a) shall fix a date for the hearing of the application which date shall not be later than 10 days after the date on which the Petroleum Commissioner received the application and evidence, and

(b) may require the applicant to give notice of the hearing in a manner and to such persons as the Petroleum Commissioner may direct.

64(4) The Petroleum Commissioner may, following the hearing, deny or grant the special order upon such terms and conditions as the Petroleum Commissioner considers appropriate.

64(5) The Petroleum Commissioner shall cause a notice of the special order

(a) to be filed in the petroleum register, and

(b) to be served upon the applicant and owner, tenant or occupant of the private lands.

64(6) If the applicant and owner, tenant or occupant of the lands have not agreed to the amount of compensation at the time of the issuance of the special order, the determination of the compensation may be referred to the Petroleum Commissioner.

64(7) Notwithstanding subsection (6), a special order is effective upon the date of issue, and the Petroleum Commissioner may require the holder of the petroleum right, well licence or geophysical licence to give security in the form prescribed by regulation and in an amount determined by the Petroleum Commissioner to ensure payment of the compensation agreed to or to be determined pursuant to subsection (6) before granting the special order.

64(8) If there are several owners, tenants or occupants of the land to be entered and explored and there are, in the opinion of the Petroleum Commissioner, special difficulties in effecting service of any notice under this section, the Petroleum Commissioner may order substituted service in such manner as he or she determines.

Termination of special order

65(1) A special order terminates on the date specified by the Petroleum Commissioner or 6 months following the issue of the special order, whichever comes first.

65(2) Upon application by the person to whom the special order relates, if in the opinion of the Petroleum Commissioner a special order should not terminate in accordance with subsection (1), the Petroleum Commissioner may make an order continuing the special order.

PART 8

UNITIZATION

Unitization agreement

66(1) Upon application by holders of 2 or more petroleum rights, the Minister may approve a unitization agreement.

66(2) A unitization agreement may be entered into for any of the following purposes:

(a) the more efficient development or production of petroleum;

(b) the implementation of a programme for the conservation of petroleum; or

66(3) A unitization agreement shall be made in a form acceptable to the Minister and, if approved, filed with the Registrar.

66(4) If the operation of the unitization agreement would, in the Minister’s opinion, be in accordance with good production practice, the Minister shall approve the agreement.

66(5) If a unitization agreement provides that a unit operator shall be the agent of the parties to the agreement with respect to their powers and responsibilities under this Act, the performance or non-performance of the unit operator of those powers or responsibilities shall be deemed to be the performance or non-performance by the parties otherwise having those powers and responsibilities under this Act.

Order requiring unitization

67(1) If a unitization agreement is, in the Minister’s opinion, necessary in order for the development or production of the same pool or the same field to be in accordance with good production practice, the Minister may order the holders of 2 or more petroleum rights to agree on the terms and conditions for the unitization of their operations.

67(2) If the holders of the petroleum rights referred to in subsection (1) fail to unitize their operations in accordance with the order referred to in that subsection within one year after the date of the making of the order, the Minister may issue a unitization order, upon the terms imposed by the Minister, requiring the holders of the petroleum rights to conduct their operations in accordance with the order.

67(3) If a holder of a petroleum right does not comply with a unitization order issued under subsection (2), the Minister may cancel the petroleum right and all rights granted under that petroleum right shall be surrendered to the Crown.

Part of pool or field not under a petroleum right

68(1) If, in the opinion of the Minister, part of the pool or the field referred to in a unitization agreement or a unitization order under sections 66 and 67 is capable of being produced from an area not under a petroleum right, the Minister may grant a petroleum right for that area.

68(2) The granting of a petroleum right referred to in subsection (1) shall be preceded by a call for tenders in accordance with the regulations.

68(3) If the rights referred to under subsection (2) are not disposed of by a call for tenders, the Minister may, on behalf of the Crown, enter into a unitization agreement in respect of the pool or the field as if the Crown was a holder of a petroleum right.

PART 9

APPOINTMENT OR DESIGNATION OF REPRESENTATIVE

Appointment or designation of representative

69(1) If there are 2 or more holders of any petroleum right or 2 or more holders of undivided interests in the petroleum right, the holders shall appoint one of their number or the holder of a well licence to act as representative of that petroleum right for the purposes of this Act.

69(2) In the event that a representative is not appointed under subsection (1), the Minister may designate one of the holders referred to in that subsection as representative of the holders of the petroleum right and the undivided interests in the petroleum right.

69(3) All holders of the petroleum right and undivided interests in the petroleum right shall be bound by the acts or omissions of the representative appointed or designated under this section.

Address for service

70(1) Subject to subsection (2), a holder of a petroleum right, well licence or geophysical licence shall file, on a form provided by the Registrar, an address with the Registrar for the purpose of serving any document, material or other information on that person or giving or sending any document, material or other information to that person.

70(2) If there are 2 or more holders of a petroleum right or 2 or more holders of undivided interests in the petroleum right, the person providing an address under this section shall be the person appointed or designated under section 69.

70(3) A person providing the address under this section shall inform the Registrar of any changes to the information filed with the Registrar under subsection (1) within 5 days.

PART 10

REGISTRAR

Appointment of Registrar

71(1) The Minister shall designate a Registrar from among persons employed in the Department of Natural Resources.

71(2) If the Registrar is absent, unable to act or when the office of the Registrar is vacant, the Minister may appoint an acting Registrar.

Duties of Registrar

72 The Registrar shall perform the duties assigned to the Registrar by this Act and such other duties as may be assigned to the Registrar by the regulations or by the Minister.

PART 11

PETROLEUM REGISTER

Petroleum register

73(1) The Minister may establish a petroleum register and the Registrar shall maintain the register.

73(2) The petroleum register shall contain information and documents including, but not limited to, information and documents in relation to the following:

(a) licences to search;

(b) leases;

(d) geophysical permits;

(e) well licences;

(f) transfers;

(g) security notices;

(h) unitization agreements;

(i) special orders; and

(j) any other information or document prescribed or that the Registrar considers relevant.

73(3) The petroleum register shall be open to inspection by any person, during normal business hours, on payment of the fee prescribed by regulation.

PART 12

SECURITY NOTICE, REGISTRATION AND TRANSFERS

Definitions

74 The following definitions apply in this Part.

“registered” means registered in the petroleum register. (enregistré)

“security interest” means any charge on or right in relation to a petroleum right or an interest in relation to the petroleum right that secures (sûreté)

(a) the payment of a debt,

(b) a bond, debenture or other security of a corporation, or

(c) the performance of the obligations of a guarantor under a guarantee given in respect of all or any part of the debt referred to in paragraph (a) or all or any part of the amounts owing on a bond, debenture or other security of a corporation.

“security notice” means a notice of a security interest. (avis de sûreté)

“transfer” means a transfer, assignment or other disposition of an interest in a petroleum right. (transfert)

Division A

Transfers

Requirements of registration

75 A transfer that a holder of a petroleum right or the holder of an undivided interest in the petroleum right is not prohibited from transferring or agreeing to transfer by any provision of this Act or regulations may be registered, if the transfer conveys

(a) the petroleum right,

(b) a specified undivided interest in the petroleum right, or

Registration of a transfer

76(1) An application to register a transfer shall be made on a form provided by the Registrar and accompanied by the information required on the form.

76(2) The Registrar shall refuse to register a transfer if

(a) the transfer conflicts with, or results in any conflict with, any provision of this Act or the regulations,

(b) all debts or other liabilities owed to the Crown by the holder of the petroleum right, the holder of the undivided interest in the petroleum right or the transferee are not discharged,

(d) the transfer is not made by or on behalf of the holder of the petroleum right or by or on behalf of the holder of the undivided interest in the petroleum right, or

(e) the fee prescribed by regulation does not accompany the application.

Effect of registration

77(1) A transfer has no effect unless it is registered in accordance with this Act and the regulations.

77(2) Upon the registration of a transfer, the transferee becomes the holder of the petroleum right or the undivided interest in the petroleum right, as the case may be, for the purpose of this Act.

77(3) A transfer that is registered constitutes actual notice of the transfer to all persons as of the time of registration of the transfer.

77(4) A transfer is registered by the endorsement of a memorandum of registration on the transfer specifying the registration number of the transfer and the time and date of registration.

77(5) A transfer that is registered has priority over any other transfer that is registered subsequently to the first-mentioned transfer.

Division B

Security notices

Application for registration

78(1) Upon payment of the fee prescribed by regulation, a person may apply to the Registrar to register a security notice.

78(2) The application under subsection (1) shall include

(a) the nature of the security interest claimed,

(b) the person from whom the security interest was acquired,

(d) any other information prescribed by regulation.

Registration of security notice

79 Every application for a security notice submitted to the Registrar shall be examined by the Registrar and where he or she determines that the application meets the requirements of this Act and the regulations for registration of a security notice, the Registrar shall register the security notice.

Effect of registration

80(1) A security notice that is registered against a petroleum right constitutes notice of the security interest to any person claiming an interest in the petroleum right, notwithstanding any defect in the security notice.

80(2) A security interest in respect of which a security notice is registered has priority

(a) over any other security interest in respect of which a security notice is not registered,

(b) over any other security interest in respect of which a security notice is registered subsequently to the first-mentioned security notice, and

80(3) A security notice is registered by the endorsement of a memorandum of registration on the security notice specifying the registration number of the security notice and the time and date of registration.

Security notice where part of lease area transferred

81 If a security notice is registered against a lease and a transfer of part of the lease area is subsequently registered and a new lease is granted for the part of the lease area transferred, the registration of the security notice shall be continued in respect of the lease and the new lease, as though the security notice referred to both leases and as though the issuance of the new lease had occurred before the registration of the security notice.

Crown rights not affected

82 If a security notice is registered against a petroleum right, the registration does not restrict or in any manner affect

(a) any right or power of the Crown or the Minister under this Act, the regulations or the petroleum right, and

(b) the proprietary rights of the Crown in the petroleum in respect of which rights are granted by the petroleum right.

Discharge or assignment

83(1) The following notices in relation to a registered security notice may be submitted for registration to the Registrar:

(a) a notice of discharge or partial discharge of the security interest;

(b) a notice of assignment of all or part of a security interest; and

83(2) The Registrar shall register a notice referred to in subsection (1) if

(a) the notice is in a form acceptable to the Registrar, and

(b) registration would not conflict with, or result in any conflict with, the provisions of this Act or the regulations.

Registration of security given under Bank Act

84(1) If, by an instrument made under section 426 of the Bank Act (Canada), a lease or interest in the lease is given as security to a bank by the holder of the lease or person having an interest in the lease, the bank may, upon payment of the fee prescribed by regulation, file with the Registrar

(a) an original of the instrument giving security, or

(b) a copy of the instrument giving security, certified by an officer or employee of the bank to be a true copy.

84(2) Where the obligations secured by an instrument filed under subsection (1) are satisfied in whole or in part, the bank shall submit a discharge or partial discharge of the instrument, as the case may be, to the Registrar.

Demand for information

85(1) A person may, in accordance with this section, serve on a person who registered a security notice a demand for information in respect of the security notice if that person

(a) is the holder of a petroleum right against which a security notice is registered,

(b) is specified in the security notice as the person from whom the security interest was acquired,

(c) is the secured party under a security interest for which a security notice is registered in relation to the same interest,

(d) is a member of a class of persons prescribed by the regulations for the purposes of this subsection, or

(e) has first obtained leave of The Court of Queen’s Bench of New Brunswick.

85(2) A demand referred to in subsection (1) shall inform, in writing, the person who registered the security notice

(a) that within 10 days after being served with the demand, that person shall inform the applicant of the place where the security instrument or a copy of the security instrument that is the subject of the security notice is located and available for examination and of the normal business hours during which the examination may be made, and

(b) to make the security instrument or a copy of the security instrument available for examination within a reasonable time after the demand is served at the place referred to in paragraph (a) during normal business hours.

85(3) A demand for information under this section is sufficiently served on the person if sent by ordinary or registered mail to the address of that person reported to the Minister under this Act.

85(4) If a secured party on whom a demand is served under this section fails without reasonable excuse to comply with the demand, the person who served the demand may apply to the Petroleum Commissioner for an order requiring the secured party to comply with the demand within the time and in the manner prescribed in the order.

Division C

Confidential information

86 If a security notice or other document is received by the Minister or Registrar in the course of the administration of this Act, and all or part is of the security notice or other document is designated as confidential by the Minister or by the owner of the information with the permission of the Minister, the security notice or other document or part of the security notice or other document is confidential and shall not be made available to the public sooner than the time period specified in the regulations unless written permission is obtained from the owner.

PART 13

ROYALTIES

Definitions

87 The following definitions apply in this Part.

“auditor” means an auditor appointed under subsection 3(8) of the Revenue Administration Act. (vérificateur)

“Provincial Tax Commissioner” means the Provincial Tax Commissioner appointed under subsection 3(1) of the Revenue Administration Act. (Commissaire de l’impôt provincial )

Royalties to be paid to Crown

88(1) Every person who obtains or takes petroleum under the authority of a petroleum right shall pay royalties to the Crown in accordance with the regulations.

88(2) Royalties owing under this Act are due and payable quarterly on the twelfth day of January, April, July and October in each year or, where that day is a holiday, on the first banking day next following that day.

88(3) Notwithstanding anything contained in this Act, the Lieutenant-Governor in Council may, whenever the Lieutenant-Governor in Council considers it necessary for the better management of petroleum, suspend the requirement for any person to pay royalties under this Act for a period not exceeding 10 years.

Returns

89(1) Every person who obtains or takes petroleum under the authority of a petroleum right shall make returns to the Provincial Tax Commissioner, with copies to the Minister of Natural Resources, in such manner and form and at such time or times, as may be required by the regulations.

89(2) Every person who obtains or takes petroleum referred to in subsection (1) shall keep records in such form, containing such information, in such place and for such length of time as may be required in accordance with the regulations.

Liability and assessment

90(1) Every person who obtains or takes petroleum under the authority of a petroleum right is liable for royalties until they have been paid.

90(2) The Provincial Tax Commissioner may from time to time and at such intervals as the Provincial Tax Commissioner may consider reasonable, assess and reassess any royalties payable by a person referred to in subsection (1), and may vacate or vary any assessment or reassessment, and the royalties so determined shall, for the purposes of sections 93 and 103, become due and payable by the person.

90(3) Where a person referred to in subsection (1) fails to

(a) pay royalties, or

(b) substantiate the person’s payment by his or her records,

the Provincial Tax Commissioner may estimate the unpaid royalties and such estimated amount shall be deemed to be the amount of royalties due and payable by the person.

90(4) The Provincial Tax Commissioner, an auditor, or a person whom the Provincial Tax Commissioner may designate for the purpose, may make or cause to be made an audit of the books of account, records, documents and papers of a person referred to in subsection (1).

90(5) In the discretion of the Provincial Tax Commissioner, an auditor or a person designated under subsection (4), and for the purposes of subsection (4), any or all books of account, records, documents and papers of a person referred to in subsection (1) may be audited for such period or periods of time, in an audit period, as the Provincial Tax Commissioner, an auditor or a person designated by the Provincial Tax Commissioner approves, whether such approval for the period or periods of time is given before or after the audit, and the results of the audit may be applied over the audit period or any part of the audit period.

90(6) A person referred to in subsection (1) shall make his or her books of account, records, documents and papers available to the Provincial Tax Commissioner, an auditor or a person designated under subsection (4) for the purposes of allowing an audit to be made under subsection (4).

90(7) In the discretion of the Provincial Tax Commissioner, royalties may be determined under subsection (2) and an amount of royalties may be estimated under subsection (3) by an audit under subsection (4).

90(8) The Provincial Tax Commissioner shall serve personally or send by ordinary or registered mail to a person referred to in subsection (1) at the person’s last known address a notice of assessment in the form provided by the Minister of Finance setting out the amount determined under subsection (2) or estimated under subsection (3).

90(9) Liability for the royalty payable, and any interest and penalties payable assessed, if any, shall not be affected by an incorrect or incomplete assessment or by the fact that no assessment has been made.

90(10) Any assessment made shall, subject to being varied or vacated on reconsideration or appeal, and subject to a reassessment, be valid and binding notwithstanding any error, defect or omission therein or any proceeding under this Part relating thereto.

Audits

91(1) The Provincial Tax Commissioner, an auditor or a person whom the Provincial Tax Commissioner may designate for the purpose, may at reasonable times enter upon any premises or place where records are kept for the purpose of ascertaining the royalties payable by any person, and such person may, upon entering such premises,

(a) audit or examine any books of account, records, documents, record keeping devices or papers and any account, invoice, voucher, letter, telegram or other document that is related or may relate to the royalties that may be payable,

(b) examine any goods or property, process or matter, an examination of which may, in his or her opinion, assist the person in ascertaining any information that is or should be in such books and records and of determining the accuracy of any information therein and of determining any matter that relates to the amount of royalties that may be payable,

(d) require any other person on the premises or place to give the person all reasonable assistance with his or her audit or examination and to answer all proper questions relating to such audit or examination either orally or, if the person so requests, in writing, on oath or by statutory declaration,

and the person referred to in subsection 90(1) and each of his or her officers, employees and agents shall, at that time, answer all questions put to him or her relating to any of the matters concerning which authority to enter is given in this section, and shall produce for inspection such books of account, records, record keeping devices, documents and papers as are required by the Provincial Tax Commissioner, auditor or person designated under this section.

91(2) The Provincial Tax Commissioner, an auditor or a person designated by the Provincial Tax Commissioner under subsection (1) may seize any books of account, records, documents or other papers which the person discovers during an audit or examination under this section, and which the person believes on reasonable grounds may provide evidence of the commission of an offence under this Part.

Warrants and protection

92(1) A person acting under section 91 may, before or after attempting to enter any premises or place under that section, apply for an entry warrant in accordance with the Entry Warrants Act.

92(2) A person acting under section 91 may, for the purposes of his or her protection, be accompanied by a police officer, as defined in the Police Act, or a member of the Royal Canadian Mounted Police.

Notice of objection

93(1) Where a person referred to in subsection 90(1) considers that he or she is not liable for royalties or disputes liability for the royalties assessed against the person, the person may personally or by his or her solicitor, within 30 days after paying the royalties or the date of the service or mailing of a notice of assessment referred to in section 90, whichever is sooner, serve on the Provincial Tax Commissioner a notice of objection in duplicate in the form provided by the Minister of Finance setting out the reasons for the objection and all relevant facts.

93(2) A notice of objection under this section is sufficiently served if delivered to the office of the Provincial Tax Commissioner or sent by ordinary or registered mail addressed to the Provincial Tax Commissioner.

93(3) Upon receipt of a notice of objection, the Provincial Tax Commissioner shall within 60 days reconsider the assessment and vacate, confirm or vary the assessment or reassess and shall thereupon notify the person, by personal service or by ordinary or registered mail, of the action taken by the Provincial Tax Commissioner.

Appeal to Minister of Finance

94(1) If the person is dissatisfied with the decision of the Provincial Tax Commissioner under section 93, the person may within 30 days after being notified of such decision, appeal from the decision to the Minister of Finance.

94(2) An appeal to the Minister of Finance shall be instituted by sending to the Minister of Finance and Provincial Tax Commissioner by ordinary or registered mail, or by delivery to the offices of both, a notice of appeal in the form provided by the Minister of Finance setting out the grounds of the appeal and stating briefly the facts relative to the appeal.

94(3) The Minister of Finance shall within 30 days after the receipt of a notice of appeal fix a date to consider the appeal and shall give a notice of such hearing to the appellant and the Provincial Tax Commissioner.

94(4) Upon any such appeal the Minister of Finance may affirm, vary or reverse the decision of the Provincial Tax Commissioner and shall give the appellant written notice of his or her decision by personal service or by ordinary or registered mail.

94(5) The Lieutenant-Governor in Council may make regulations to govern the practice and procedure on appeals to the Minister of Finance.

Appeal to Court of Queen’s Bench

95(1) If the appellant is dissatisfied with the decision of the Minister of Finance under section 94, the appellant may, within 30 days after the date of service or mailing of the notice of the decision of the Minister of Finance, appeal from such decision to a judge of The Court of Queen’s Bench of New Brunswick.

95(2) The appeal shall be commenced by serving upon the Minister of Finance a notice of appeal in writing setting out the grounds of appeal and briefly stating the facts relative to the appeal.

Jurisdiction and procedures of Court

96(1) For the purposes of, or in connection with, any proceedings, hearing or appeal before a judge of The Court of Queen’s Bench of New Brunswick, the judge shall have full power and authority to direct and enforce

(a) discovery of documents,

(b) examination for discovery, and

96(2) The jurisdiction referred to in subsection (1) may be exercised by the Court or any judge of the Court on the application of the Provincial Tax Commissioner, or on the application of any party to any appeal or other hearing or proceedings pending.

96(3) An application under subsection (2) shall be made in accordance with the rules and practice of The Court of Queen’s Bench of New Brunswick in respect of discovery of documents, examination for discovery and the taking of evidence and depositions of witnesses before trial or hearing.

96(4) All applications made under this section shall be deemed to be matters in The Court of Queen’s Bench of New Brunswick, and, when the practice of the Court so requires, all such applications, orders, or other proceedings thereon shall be filed in the Court.

96(5) All applications, orders and commissions referred to in this section, together with all evidence, exhibits, documents and other proceedings shall, at the request of the Provincial Tax Commissioner or of any party to the appeal, proceeding or hearing with respect to or in connection with which such application or order was made or such order or commission was issued, be transmitted by the clerk of The Court of Queen’s Bench of New Brunswick to the judge before whom such appeal, proceeding or hearing is pending.

96(6) All applications, orders and commissions referred to in this section, and all evidence, exhibits, documents and other proceedings returned therewith shall, when so transferred to the judge, be available to be used by or before the judge in the same manner and to the same extent as in any other proceeding before the Court.

96(7) The rules and practice of The Court of Queen’s Bench of New Brunswick with respect to the admissibility and effect of any evidence, exhibits, documents and other proceedings so had or obtained shall be applicable to any hearing before a judge of The Court of Queen’s Bench of New Brunswick.

Date of hearing of appeal

97 Within 14 days after the service upon the Minister of Finance of the notice of appeal, the appellant shall apply to the judge for the appointment of a day for the hearing of the appeal, and shall serve upon the Minister of Finance not less than 14 days before the hearing a written notice of the day appointed for the hearing.

Production of paper and documents

98 The Minister of Finance shall cause to be produced before the judge on the hearing of the appeal all papers and documents in the possession or under the control of Minister of Finance affecting the matter of the appeal.

Hearing and decision of appeal

99(1) The judge shall hear the appeal and the evidence adduced before him or her by the appellant and the Crown in a summary manner, and shall decide the matter of the appeal.

99(2) The costs of the appeal are in the discretion of the judge and the judge may make an order respecting them in favour of or against the Crown, and may fix the amount thereof.

Appeal to Court of Appeal

100 There shall be an appeal from a decision of the judge to The Court of Appeal of New Brunswick on any point of law raised upon the hearing of the appeal, and the rules governing appeals to that Court from a decision of The Court of Queen’s Bench of New Brunswick apply to appeals under this section.

Requirement to keep records

101 A person referred to in subsection 90(1) who serves a notice of objection under this Part shall keep all records affecting the matter of the objection until the objection is disposed of and any appeal is disposed of or the time for initiating any such appeal has expired.

Effect of appeal on royalties payable, interest and penalties

102 Neither the giving of a notice of appeal by any person or any delay in the hearing of an appeal shall in any way affect the due date, the interest or penalties or any liability for payment provided under this Act in respect of any money due and payable to the Crown that are the subject matter of the appeal, but in the event of the assessment of the Provincial Tax Commissioner being set aside or reduced on appeal, the Minister of Finance shall refund the amount or excess amount that has been paid to the Crown and any additional interest or penalty paid thereon.

Royalties a debt to the Crown

103(1) The amount of any royalties that are due and payable under this Part shall constitute a debt due to the Crown and may be recovered by action in the name of the Crown in any court of competent jurisdiction.

103(2) The court may in an action under subsection (1) make an order as to the costs of the action in favour of or against the Crown.

Certificate as to amount

104(1) Notwithstanding section 103, when default has been made in payment of any royalties that have been assessed under this Part, the Provincial Tax Commissioner may so certify and may issue a certificate stating the amount due and payable including interest, if any, and penalty, if any, and the name of the person by whom the amount is due and payable.

104(2) A certificate referred to in subsection (1) may be issued

(a) when directed by the Minister of Finance, or

(b) upon the expiration of 30 days after the mailing of a registered letter demanding payment.

104(3) A certificate issued under subsection (1) may be filed in The Court of Queen’s Bench of New Brunswick, and shall be entered and recorded in the Court, and when so entered and recorded becomes a judgment of the Court and may be enforced as a judgment obtained in the Court by the Crown against the person named in the certificate for a debt of the amount specified in the certificate.

104(4) All reasonable costs and charges attendant upon the filing, entering and recording of the certificate shall be recovered in like manner as if those amounts had been included in the certificate.

Liability of directors

105(1) Where a person referred to in subsection 90(1) is a corporation and the corporation fails to pay the amount of any royalties that are due and payable under this Part, the directors of the corporation at the time the corporation was required to pay the amount are jointly and severally liable, together with the corporation, to pay that amount and any interest and penalties in relation to that amount.

105(2) A director is not liable under subsection (1) unless

(a) a judgment is obtained for the amount of the corporation’s liability referred to in subsection (1), or

(b) a certificate for the amount of the corporation’s liability referred to in subsection (1) is filed in The Court of Queen’s Bench of New Brunswick under subsection 104(3),

and execution has been returned unsatisfied in whole or in part.

105(3) A director is not liable for a failure under subsection (1) where the director exercised the degree of care, diligence and skill to prevent the failure that a reasonably prudent person would have exercised in comparable circumstances.

105(4) No action or proceedings to recover any amount payable by a director under subsection (1) shall be commenced more than 2 years after the director last ceased to be a director of the corporation.

105(5) Where execution referred to in subsection (2) is returned unsatisfied in whole or in part, the amount recoverable from a director is the amount remaining unsatisfied.

105(6) A director who pays an amount in respect of a corporation’s liability referred to in subsection (1) is entitled to any preference that the Crown would have been entitled to had such amount not been paid and, where a judgment has been obtained or a certificate that relates to such amount has been filed, the director is entitled to an assignment of the judgment or the certificate, as the case may be, to the extent of the director’s payment, which assignment the Minister of Finance is hereby empowered to make.

105(7) A director who has satisfied a claim under this section is entitled to contribution from the other directors who were liable for the claim.

105(8) Sections 103, 104 and 107 apply with the necessary modifications to a director who becomes liable under subsection (1) and to the property of the director as if the director were the person referred to in subsection 90(1).

Dispute notice

106(1) Before any action or proceedings to recover an amount payable by a director under subsection 105(1) are commenced against a director, the Provincial Tax Commissioner shall notify the director in writing that the Provincial Tax Commissioner, in the name of the Crown, intends to commence an action or proceedings against the director to recover that amount.

106(2) A director may, by sending a dispute notice to the Minister of Finance within 10 days after receiving a notice under subsection (1), object, on one or both of the following grounds, to any action or proceedings being commenced against the director:

(a) that the director exercised the degree of care, diligence and skill to prevent the failure that a reasonably prudent person would have exercised in the circumstances;

(b) that more than 2 years have elapsed after the director last ceased to be a director of the corporation.

106(3) The Minister of Finance shall review the grounds stated in the dispute notice sent to the Minister of Finance under subsection (2) and shall notify the person who sent the dispute notice as to the Minister of Finance’s decision.

106(4) The Minister of Finance shall decide whether to commence an action or proceeding against a director who sends a dispute notice under subsection (2) on the basis of written information provided in the dispute notice, which shall include the grounds of objection, all facts and documentation in support of the objection and such other information as the Minister of Finance may require.

106(5) A notice under subsection (1) or subsection (2) may be served personally or may be sent by ordinary or registered mail to the director at the director’s last known address

106(6) A dispute notice under subsection (2) may be delivered to the office of the Minister of Finance or may be mailed to the Minister of Finance by ordinary or registered mail.

Interest

107(1) From and after the date on which an amount due to the Crown under this Part is to be paid by a person referred to in subsection 90(1), the amount bears interest at the rate prescribed by regulation.

107(2) Notwithstanding subsection (1), where an audit is made under this Part and circumstances in accordance with the regulations exist, an amount due to the Crown under this Act by a person referred to in subsection 90(1) bears interest at the rate prescribed by regulation for the period of time prescribed by regulation.

107(3) If the amount and interest referred to in subsection (2) are not paid on or before the time prescribed by regulation, the sum of the amount and the interest bears interest at the rate under subsection (1) after that time.

107(4) Subsection (1), (2) or (3) applies notwithstanding that a certificate has been issued under section 104 and entered and recorded as a judgment of The Court of Queen’s Bench of New Brunswick.

Refund for overpayment

108(1) The Minister of Finance may refund any overpayment made on account of royalties if application is made by the person who made the overpayment within 5 years from the day on which the overpayment was made.

108(2) No action shall be brought to recover the amount of any such overpayment or any part thereof after the expiration of 5 years from the day on which the overpayment was made.

108(3) The application for a refund under subsection (1) shall

(a) be made in writing,

(b) set forth such information as the Minister of Finance considers necessary, and

108(4) Where an application for the refund of any overpayment made on account of royalties is made in accordance with this section, the Minister of Finance may, if authorized in writing by the person making the application, pay the amount of the overpayment, or any part of it, to the appropriate official of another jurisdiction.

Certificate as evidence

109(1) In any prosecution or other proceeding under this Part, a certificate signed by the Minister of Finance, the Deputy Minister of Finance or the Provincial Tax Commissioner or purporting to be signed by the Minister of Finance, the Deputy Minister of Finance or the Provincial Tax Commissioner stating that

(a) a specified amount is the amount of royalties due and payable, or deemed to be due and payable, by a person under this Part,

(b) a person failed to keep such records in such form, containing such information, in such place and for such length of time as is required under this Part and the regulations,

(c) a person failed to make a return in such form and manner and at such times as is required under this Part and the regulations,

(d) royalties were unpaid during a specified period of time,

(e) a person at a specified time refused to permit the Provincial Tax Commissioner, an auditor or a person designated by the Provincial Tax Commissioner to conduct an audit under this Part or obstructed or interfered with an audit conducted by the Provincial Tax Commissioner, an auditor or a person designated by the Provincial Tax Commissioner under this Part,

may be adduced in evidence without proof of the appointment, signature or authority of the Minister of Finance, the Deputy Minister of Finance or the Provincial Tax Commissioner and, when so adduced, is, in the absence of evidence to the contrary, proof of the facts stated therein and, where the person named in the certificate is the defendant, that the person is the defendant.

109(2) Any report, certificate or other document signed by the Minister of Finance, the Deputy Minister of Finance or by the Provincial Tax Commissioner or purporting to be signed by the Minister of Finance, the Deputy Minister of Finance or by the Provincial Tax Commissioner may be adduced in evidence in any court without proof of the appointment, signature or authority of the Minister of Finance, the Deputy Minister of Finance or of the Provincial Tax Commissioner and, when so adduced, is, in the absence of evidence to the contrary, proof of the facts stated therein.

Additional penalty

110 In addition to the penalties prescribed by the provisions of this Part or the regulations, every person who fails to pay the royalties due under the provisions of this Part or the regulations is liable to a penalty in the amount or at the rate prescribed by regulation, plus interest on the penalty at the rate prescribed by regulation.

Waiver of interest and penalties

111 The Provincial Tax Commissioner, with the approval of the Minister of Finance, may in accordance with the regulations waive in full or in part a requirement under this Part to pay interest or a requirement under section 110 to pay a penalty.

Offences and penalties

112(1) A person who is required to pay royalties and who fails to pay the royalties due after a demand by the Provincial Tax Commissioner under section 90 commits an offence.

112(2) In addition to any fine that may be imposed, the judge shall, on conviction, impose a fine of not less than the amount of the royalty due and not more than double the royalty due.

112(3) The Provincial Tax Commissioner shall determine the amount of the royalties due for purposes of section 90 and this section from such information as is available to him or her and such amount determined by the Provincial Tax Commissioner shall be proof in the absence of evidence to the contrary that such amount is the amount due and payable.

112(4) The Provincial Tax Commissioner, an auditor or a person whom the Provincial Tax Commissioner may designate for the purpose may make or cause to be made an audit of the books of account, records, documents and papers of a person who fails to pay the royalties due under the provisions of and in accordance with this Part or the regulations.

112(5) In the discretion of the Provincial Tax Commissioner, an auditor or a person designated under subsection (4), and for the purposes of subsection (4), any or all books of account, records, documents and papers of a person who fails to pay the royalties due referred to in subsection (4) may be audited for such period or periods of time, in an audit period, as the Provincial Tax Commissioner, an auditor or a person designated by the Provincial Tax Commissioner approves, whether such approval for the period or periods of time is given before or after the audit, and the results of the audit may be applied over the audit period or any part of the audit period.

112(6) A person who fails to pay the royalties due under the provisions of and in accordance with this Part or the regulations shall make his or her books of account, records, documents and papers available to the Provincial Tax Commissioner, an auditor or a person designated by the Provincial Tax Commissioner under subsection (4) for the purposes of allowing an audit to be made under subsection (4).

112(7) In the discretion of the Provincial Tax Commissioner, an amount of royalties may be determined under subsection (3) by an audit under subsection (4).

112(8) Notwithstanding subsection (1), where the Provincial Tax Commissioner proceeds in accordance with section 90 and obtains recovery under this Part of the amount of royalties that should have been paid, such recovery shall be deemed to have been a payment of the royalties by the person referred to in subsection 90(1).

Limitation period

113 A prosecution for an offence under this Part shall be commenced within 3 years from the time it is alleged to have been committed.

Order on conviction and penalty

114 Upon convicting a person for an offence under this Part, the Court may, in addition to any penalty imposed, order the person to pay to the Minister of Finance or to the Court for the benefit of the Minister of Finance any amount owing under this Part and in default of payment the person is liable to imprisonment for a term not exceeding 3 months.

Powers of Provincial Tax Commissioner

115 The Provincial Tax Commissioner may, in the course of his or her employment, issue certificates and discharge judgments taken under section 104, and execute or receive all other documents, affidavits, declarations and affirmations for the purposes of or incidental to the administration or enforcement of this Part.

Receipt of notice sent by mail

116 Any notice, order or other document sent under this Part by mail shall be deemed to have been received by the person to whom it was addressed not later than the fifth day after the day of mailing.

Agreements deemed to be arm’s length

117 Where, in the opinion of the Minister of Finance, the result of one or more acts, agreements, arrangements, transactions or operations is to artificially or unduly reduce the amount of any royalties payable under this Part, those royalties shall, for the purposes of any assessment or reassessment by the Minister of Finance under this Part, be calculated as though the act, agreement, arrangement, transaction or operation had not taken place or had taken place at fair market value between parties dealing at arm’s length.

PART 14

COLLECTION OF RENT OR FEE

Debt due to the Crown

118(1) The amount of any rent or fee payable under this Act or the regulations, together with interest on the amount, that is due and unpaid by any person is a debt due to the Crown and may be recovered by action in the name of the Crown in any court of competent jurisdiction.

118(2) The court may in an action under subsection (1) make an order as to the costs of the action in favour of or against the Crown.

Interest

119(1) From and after the date on which the amount of any rent or fee under this Act or the regulations is to be paid by any person, the amount bears interest at the rate prescribed by regulation.

119(2) Subsection (1) applies notwithstanding that a certificate has been issued under section 120 and entered and recorded as a judgment of The Court of Queen’s Bench of New Brunswick.

Issuance of certificate

120(1) If default has been made in payment of any rent or fee payable under this Act or the regulations, the Minister may so certify and may issue a certificate stating the amount due and payable including interest, if any, and the name of the person by whom the amount is payable.

120(2) A certificate may be issued upon the expiration of 30 days after the sending of a registered letter demanding payment.

120(3) A certificate may be filed in The Court of Queen’s Bench of New Brunswick and shall be entered and recorded in the Court and, when so entered and recorded, becomes a judgment of the Court and may be enforced by the Crown as a judgment obtained in the Court.

120(4) All reasonable costs and charges attendant upon the filing, entering and recording of the certificate shall be recovered in like manner as if those amounts had been included in the certificate.

PART 15

FAILURE TO COMPLY

Failure to pay any royalty

121 If the Minister is of the opinion that royalties are due and payable by a person who obtains or takes petroleum under the authority of a petroleum right, and any objection or appeal has been disposed of or the time for initiating the objection or appeal has expired, the Minister may

(a) cancel the petroleum right, or

(b) suspend the rights granted by the petroleum right for such period of time as the Minister considers necessary and the holder of the petroleum right shall not take or remove any petroleum under the authority of the petroleum right during the period of suspension.

Failure to make any deposit or pay any rental

122(1) If a holder of a petroleum right has failed to make any deposit or pay any rental under this Act or regulations, the Minister shall give written notice to the holder of the failure to comply and shall indicate in the notice the remedy required, the date by which the holder must remedy the failure to comply and the right of the Minister after that date to suspend the petroleum right if the failure to comply is not remedied.

122(2) If a holder of a petroleum right does not remedy the failure to comply within 30 days of the date of the Minister’s notice given to the holder under subsection (1), the Minister may suspend the rights granted by the petroleum right.

Failure to comply with any other provision

123(1) If a holder of a petroleum right violates any provision of this Act, other than those referred to in section 121 and 122, or violates any provision of a directive issued by the Minister or any provision of the regulations, the Minister may give written notice to the holder of the petroleum right specifying the violation.

123(2) Unless the holder to the petroleum right remedies or prepares to remedy the violation to the satisfaction of the Minister within 30 days from the date of the Minister’s notice referred to in subsection (1), the Minister may suspend the rights granted by the petroleum right.

Reinstatement

124 Upon application to the Minister, on a form provided by the Minister and accompanied by payment of any fee prescribed by regulation, the Minister may reinstate the rights suspended under section 121, 122 or 123.

PART 16

GENERAL

Administration

125 Subject to subsection 127, the Minister is responsible for the administration and enforcement of this Act.

Minister may designate

126(1) The Minister may designate persons to exercise any authority, power, duty or function under this Act.

126(2) Without limiting subsection (1), the Minister may delegate, in writing, any authority, power, duty or function conferred or imposed on the Minister under this Act to another Minister of the Crown.

126(3) The Minister shall, in a written delegation under subsection (2),

(a) establish the manner in which the delegate is to exercise the delegated authority,

(b) set out any limitations, terms, conditions and requirements that the Minister considers appropriate to impose on the delegate, and

(c) authorize the delegate to subdelegate the authority to an employee of the department administered by that delegate and to impose on the subdelegate any limitations, terms, conditions and requirements that the delegate considers appropriate, in addition to those set out in the written delegation.

126(4) A delegate or subdelegate to whom this section applies shall exercise the delegated authority in the manner established in the Minister’s written delegation and in accordance with any limitations, terms, conditions and requirements imposed in the written delegation.

126(5) A subdelegate to whom this section applies shall exercise the delegated authority in accordance with any limitations, terms, conditions and requirements imposed on the subdelegate by the delegate.

Administration of Part 13 by the Minister of Finance

127 The Minister of Finance is responsible for the administration and enforcement of Part 13, except for section 88, and may designate persons to act on his or her behalf.

Appointment of advisory bodies

128 The Minister may from time to time appoint and fix the terms of reference of any advisory bodies as the Minister considers appropriate to advise the Minister with respect to such matters relating to the administration or operation of this Act and the regulations.

Notice and public information sessions

129 If in the opinion of the Minister the circumstances warrant, before approving any geophysical licence or well licence, the Minister may require that the applicant make the whole or a part of the contents of the application available to the public in accordance with the regulations or the Minister may require that the applicant hold public information sessions in accordance with the regulations.

Inspectors

130(1) The Minister may appoint a person as an inspector for the purpose of ensuring the compliance with this Act and the regulations.

130(2) The Minister shall issue to every inspector an identification card and every inspector, in the execution of his or her duties under this section or under the regulations, shall produce his or her identification card on request.

130(3) For the purposes of determining whether this Act or the regulations are being complied with, an inspector may

(a) at any reasonable time, enter and inspect any place where geophysical exploration is being conducted, any well, battery or any place where petroleum is being explored for, drilled for or extracted, to conduct an inspection, make inquiries, take samples or carry out tests,

(b) at a well, battery or place referred to in paragraph (a), inspect, examine, audit or copy any book or record,

(d) perform any other act or duty or exercise any other power prescribed by regulation.

130(4) If an inspector is of the opinion that a situation exists in relation to a well, battery or place referred to in paragraph (3)(a) that poses a threat to the safe operation of the well or battery or to the conservation of the resource, the inspector

(a) shall, by notice sent to the holder of the petroleum right, geophysical licence or well licence, inform the holder of that opinion and of the reasons for that opinion, and

(b) may, if the inspector is satisfied that the threat is immediate, order the holder of the petroleum right, geophysical licence or well licence to take any measure necessary to remove or stop the threat and the holder shall comply with the order.

130(5) No person shall obstruct or interfere with an inspector who is carrying out or attempting to carry out an inspection under this section, or withhold, destroy, conceal, alter or refuse to produce any information or thing reasonably required by an inspector for the purposes of inspecting a well, battery or place referred to in paragraph (3)(a).

130(6) No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector while the inspector is engaged in carrying out his or her duties under this section.

130(7) An inspector shall not enter a private dwelling unless the inspector has the consent of the occupier or has obtained an entry warrant under the Entry Warrants Act.

130(8) Before or after attempting to enter or to have access to any premises, an inspector may apply for an entry warrant under the Entry Warrants Act.

130(9) Where any injury, loss or damage occurs to a person or property as a result of anything done or omitted to be done by an inspector in the performance of his or her duties under this section, the inspector and the Crown shall not be liable for the injury, loss or damage unless it occurs as a result of the negligence of the inspector.

PART 17

MISCELLANEOUS

Agreements respecting offshore

131 The Minister, with the approval of the Lieutenant-Governor in Council, may make agreements with the Government of Canada or a provincial government respecting offshore exploration, offshore drilling and operation and offshore production of petroleum.

Reference prices

132(1) The Minister may, with respect to petroleum, publish from time to time a reference price, based on such factors as the Minister considers appropriate.

132(2) The Minister may publish reference prices on the website of the Department of Natural Resources or in any other format the Minister considers advisable.

Survey system

133 For the purposes of this Act, any area which is the subject of any petroleum right, geophysical licence or well licence granted under this Act shall be defined and described by reference to the survey system established in accordance with the regulations.

Immunity and no summons

134(1) No action lies for damages or otherwise against any of the following persons in relation to anything done or purported to be done in good faith, or in relation to anything omitted in good faith, under this Act by the person:

(a) the Minister;

(b) the Minister of Finance;

(d) any person acting under or who has acted under the authority of this Act or the instructions of a person referred to in paragraph (a), (b) or (c).

134(2) The persons referred to in subsection (1) are not competent or compellable witnesses in any civil proceedings in respect of the exercise or purported exercise of their functions under this Act or the regulations.

Confidentiality

135 Any person who is appointed or employed under this Act or whose duties include the administration and enforcement of this Act or the regulations shall not disclose any information obtained by the person in his or her official capacity that the Minister certifies is not in the public interest to be divulged.

Conflict of interest

136(1) In this section, “interest” includes a share, whether publicly traded or not, in a corporation or partnership that holds an interest in a petroleum right.

136(2) The Minister, Petroleum Commissioner or any person who is appointed or employed under this Act or whose duties include the administration and enforcement of this Act or the regulations shall not directly or indirectly purchase or have an interest in a petroleum right granted under this Act.

136(3) Every person convicted of an offence under subsection (2) forfeits his or her office or employment.

Oath or solemn declaration

137 Any person who is appointed under this Act or whose duties include the administration and enforcement of this Act or the regulations shall, if required by the Minister, take and subscribe an oath or make and subscribe a solemn affirmation in the form prescribed by regulation to abide by the provisions of subsection 136(2).

PART 18

DIRECTIVES, ORDERS, SPECIAL AUTHORIZATION AND SPECIAL EXEMPTION

Division A

Directive

138(1) In a situation where the subject matter is not prescribed by regulation, the Minister may issue to the holders of any petroleum right, geophysical licence or well licence a directive in relation to

(a) the exploration and drilling for petroleum, and

(b) the design, construction operation and abandonment of wells, batteries and related equipment.

138(2) A directive issued by the Minister shall be in conformity with good geophysical practice, good drilling practice and good production practice, as the case may be.

138(3) A directive may be

(a) incorporated by reference as a term and condition of a petroleum right, geophysical licence or well licence,

(b) general or particular in its application, and

Exemption

139(1) A directive may provide for an exemption if the Minister considers an exemption necessary for the protection and safety of the public or for the conservation of the resource.

139(2) An exemption may be made in whole or in part and may be made subject to conditions or restrictions.

Service, publication and coming into force

140(1) A directive may be served upon all holders of a petroleum right, geophysical licence or well licence who, in the opinion of the Minster, are subject to or affected by the directive.

140(2) A directive comes into force on the day specified in the directive.

140(3) The Regulations Act does not apply to a directive made by the Minister.

140(4) The Minister shall publish every directive

(a) in The Royal Gazette, and

(b) on the website of the Department of Natural Resources or in any other format the Minister considers advisable.

140(5) Every holder of a petroleum right, geophysical licence or well licence shall be deemed to have had actual notice of a directive and its contents on the day it comes into force.

140(6) Publication of a directive in The Royal Gazette

(a) is, in the absence of evidence to the contrary, proof of its text and of its making, and

(b) shall be deemed to be notice of its contents to every person subject to it or affected by it.

140(7) Judicial notice may be taken of a directive that is published in The Royal Gazette.

Adoption by reference

141 A directive may adopt by reference, in whole or in part, either at a fixed time or as amended, any regulation, rule, code, standard, specification or guideline and may require compliance with any regulation, rule, code, standard, specification or guideline.

Division B

Ministerial order

142 The Minister may issue a ministerial order if the Minister is of the opinion that an activity may cause a significant adverse effect on the conservation of the resource or the safety of the public.

Terms and conditions of ministerial order

143(1) A ministerial order may require the person to whom the order is directed to do any work or carry out any measure the Minister considers necessary to prevent a significant adverse effect on the conservation of the resource or the safety of the public.

143(2) Without limiting the generality of subsection (1), a ministerial order may include an order

(a) to stop production of a well or stop the operation of a battery,

(b) to suspend, restrict, commence or increase production of a well,

(d) to prevent the escape of petroleum from a well,

(e) to discontinue any drilling, completion, suspension, abandonment or production if the drilling, completion, suspension, abandonment or production is in any way inadequate, improper or hazardous, or

(f) to alter the operation or a well or battery.

143(3) A ministerial order shall be in writing and shall include reasons for the order.

143(4) When a ministerial order is served upon a person to whom it is directed, that person shall comply with the order.

143(5) A ministerial order remains in effect until rescinded by the Minister.

143(6) A ministerial order is binding upon the heirs, successors, executors, administrators and assigns of the person to whom it is directed.

Failure to comply with ministerial order

144 If a person to whom a ministerial order is directed fails or refuses to comply in whole or in part with the order or part of the order, the Minister, together with such persons, materials and equipment the Minister considers necessary, may enter upon any land or premises, using the force the Minister considers necessary, and may take such further action the Minister considers necessary to effect compliance with or to carry out the order.

Costs incurred by Minister

145(1) Upon written demand being made by the Minister, any cost, expense, loss, damages or charge incurred by the Minister while acting under section 144, shall be the liability of and paid by any person who failed or refused to comply with a ministerial order.

145(2) If 2 or more persons have failed or refused to comply with a ministerial order, those persons are jointly and severally liable under subsection (1).

Division C

Special authorization and special waiver

Special authorization

146(1) The Minister may authorize the use of equipment, methods, measures or standards in lieu of any prescribed by regulation where the Minister is satisfied that the use of that other equipment or those other methods, measures or standards, as the case may be, would provide an equivalent or higher level of safety or conservation of the resource as would the use of the equipment, methods, measures or standards prescribed by regulation.

146(2) Prior to receiving a special authorization under subsection (1), the holder of the petroleum right, geophysical licence or well licence shall satisfy the Minister that the use of the equipment, methods, measures or standards would be in conformity with good geophysical practice, good production practice and good drilling practice, as the case may be.

Special waiver

147(1) The Minister may grant a special waiver to a holder of a petroleum right, geophysical licence or well licence in respect of any requirement, equipment, methods, measures or standards prescribed by regulation where the Minister is satisfied that the conservation of the resource will be achieved without the use of such requirement, equipment, methods, measures or standards prescribed by regulation.

147(2) Prior to receiving a special waiver under subsection (1), the holder of the petroleum right, geophysical licence or well licence shall satisfy the Minister that not employing or using the requirement, equipment, methods, measures or standards prescribed by regulation would be in conformity with good geophysical practice, good production practice and good drilling practice, as the case may be.

Not a contravention

148 No person contravenes the regulations if that person acts in compliance with a special authorization or special waiver authorized or granted under section 146 or 147.

PART 19

ADMINISTRATIVE PENALTIES AND OFFENCES

Definition

149 In this Part, “Director” means the Director of Administrative Penalties designated by the Minister to manage administrative penalties under this Part.

Notice of contravention

150(1) If the Director believes that a person has contravened a provision of this Act or the regulations that is prescribed by regulation, any terms and conditions of a petroleum right, a geophysical licence or a well licence or contravened a provision of a directive issued by the Minister, the Director may issue a notice of contravention and require the person to pay an administrative penalty.

150(2) The notice of contravention shall be served upon the person to whom it is directed and shall

(a) contain or be accompanied by information setting out the nature of the contravention,

(b) set out the amount of the administrative penalty to be paid and specify the time and manner of payment,

(d) contain any other information prescribed.

150(3) A notice of contravention shall not be issued under this section more than one year after the contravention first came to the knowledge of the Minister.

Review of administrative penalty

151(1) A person who receives a notice of contravention may request that the Minister review the decision to issue the notice of contravention by applying to the Minister for a review within 15 days following the receipt of the notice of contravention.

151(2) If a person applies to the Minister for a review under subsection (1), the Minister shall conduct the review in accordance with the regulations.

151(3) Following the review of the decision of the Director under this section, the Minister may uphold, vary or rescind the decision of the Director.

151(4) A decision of the Minister under this section is final.

Payment of administrative penalty

152(1) If a person who received a notice of contravention does not apply for review under section 151, the person shall pay the administrative penalty set out in the notice of contravention within 30 days after the day the notice was served.

152(2) If a person required to pay an administrative penalty in accordance with a notice of contravention or in accordance with a decision of the Minister following a review under section 151 pays the amount of the administrative penalty in accordance with the notice or decision, the person shall not be charged with an offence in respect of which the payment was made.

152(3) For the purposes of this Act only, a person who makes a payment under subsection (2) shall be deemed to have contravened the provisions of this Act or the regulations in respect of which the payment was made.

Maximum administrative penalty

153 The amount of the administrative penalty payable under subsection 152(1) shall be calculated in accordance with the regulations and shall in no case be more than $5,000.

Failure to comply

154 If a person who is required to pay an administrative penalty in accordance with a notice of contravention fails to comply with the requirement and no review under section 151 is pending in the matter or, after a review under section 151, a person fails to pay the administrative penalty in accordance with the decision of the Minister,

(a) the notice of contravention may be filed in The Court of Queen’s Bench of New Brunswick and shall be entered and recorded in the Court and, when so entered and recorded, becomes a judgment of the Court and may be enforced as a judgment obtained in the Court by the Crown against the person named in the notice for a debt of the amount specified in the certificate,

(b) the Minister may suspend any petroleum right, geophysical licence or well licence until the administrative penalty is paid,

(c) the Minister may refuse to grant any petroleum right, geophysical licence or well licence to the person until the administrative penalty is paid.

Offences

155(1) A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.

155(2) For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.

155(3) Subject to subsection (4), a person who violates or fails to comply with a provision of the regulations commits an offence that is punishable as a category C offence under Part II of the Provincial Offences Procedure Act.

155(4) A person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed by regulation commits an offence of the category prescribed by regulation.

155(5) A person who violates or fails to comply with

(a) a directive issued by the Minister commits an offence that is punishable as a category C offence under Part II of the Provincial Offences Procedure Act, and

(b) a ministerial order commits an offence that is punishable as a category E offence under Part II of the Provincial Offences Procedure Act.

155(6) A person who breaches any terms or conditions of a petroleum right, geophysical licence or well licence granted under this Act commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

155(7) No person shall impede, obstruct or interfere with the Minister, the Minister of Finance, the Provincial Tax Commissioner or a person whose duties include the administration and enforcement of this Act while that person is executing his or her duties under this Act.

155(8) If an offence under this Act or the regulations continues for more than one day,

(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and

(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.

PART 20

REGULATIONS

Regulations

156(1) The Lieutenant Governor in Council may make regulations

(a) defining or distinguishing more particularly any word or expression used in but not defined or distinguished in this Act;

(b) prescribing, in relation to offences under the regulations, categories of offences for the purposes of Part II of the Provincial Offences Procedure Act;

(c) prescribing rules governing the granting or cancellation of a petroleum right, geophysical licence or well licence under this Act, including provision for terms and conditions applicable on the issuance or transfer of a geophysical licence or well licence;

(d) prescribing rules governing the renewal of a lease, geophysical licence and well licence;

(e) prescribing application fees;

(f) prescribing the terms and conditions under which a security deposit is made and the amount of the deposit required to guarantee the performance of work or to protect public and private property;

(g) requiring fees and other deposits to be paid in respect of a petroleum right, geophysical licence or well licence granted under this Act, prescribing the amounts of such fees and deposits and the time and manner of their payment and providing for the disposition and return of deposits;

(h) prescribing the form and nature of security and the terms and conditions on which it is to be furnished and maintained;

(i) prescribing the amount of security or the manner of determining the amount of the security;

(j) prescribing the rent to be paid in respect of a petroleum right granted under this Act and prescribing the amount of such rent and the time and manner of payment;

(k) governing the method, manner and area in which and where geophysical exploration and testhole drilling is to be carried out;

(l) governing the inspection of geophysical operations, well sites and petroleum operations;

(m) respecting measures to ensure the safety of geophysical operations, well sites and petroleum operations;

(n) prescribing the methods, guidelines and minimum standards to be used in respect of geophysical operations, well sites and petroleum operations;

(o) prescribing the requirements for equipment, and the installation of equipment, to prevent spills;

(p) governing the issuance, renewal and transfer and the terms and conditions of a geophysical permit;

(q) defining the kind and quantity of exploratory work and the manner and form in which the work is to be carried out;

(r) prescribing the terms and conditions and the criteria to be specified in a call for tenders, the form and manner in which the call for tenders is to be submitted and requiring those terms and conditions, that criterion and that form and manner to be specified in the call for tenders;

(s) governing well locations;

(t) prescribing normal and special spacing units and areas;

(u) prohibiting the drilling of a well at any point within a prescribed distance of any boundary, roadway, right of way, building of any specified type, or any specified work, either public or private;

(v) regulating the part of a spacing area within which a well is to be completed, and providing penalties for and prohibitions against completing the well in any other part of the spacing area;

(w) prescribing the terms and conditions under which a well is to be deepened, recompleted, suspended, drilled, operated, reworked to alter the producing characteristics or modified;

(x) respecting the measures to be adopted to confine any petroleum or water encountered during a drilling operation to its original stratum, and to protect the contents of the stratum from infiltration, inundation and migration;

(y) respecting the minimum standard for tools, casing, equipment and material that can be used for drilling, development and production of petroleum;

(z) respecting the manner of drilling and completing a multi-zone producing or injection well;

(aa) prescribing the manner of drilling through petroleum, water, coal or other mineral deposits;

(bb) prescribing well casing standards, including the proper anchorage and cementation thereof;

(cc) governing the taking and method of taking of samples of any kind and the submission thereof to the Minister;

(dd) respecting the method of taking of any test, analysis, survey and log and the obtaining of other necessary information and the submission of all such records and information;

(ee) respecting the measures to be taken before the commencement of drilling, and during drilling and production respecting the measures to conserve any petroleum or water;

(ff) respecting the methods of operation to be observed during drilling and in the subsequent management of any well and the conduct of any operation for any purpose, including, without restricting the generality of the foregoing, consideration with regard to

(i) the protection of life and property,

(ii) the prevention and extinguishment of fire,

(iii) the prevention of a well from flowing out of control, and

(iv) the prevention of pollution of water;

(gg) prescribing the methods of operation to be observed in relation to the abandonment of any well;

(hh) regulating the location, operation and equipping of a battery;

(ii) regulating the conditioning or reconditioning of a well by mechanical, chemical or explosive means;

(jj) regulating the inspection of a well both during and after drilling;

(kk) providing for the capping or otherwise closing in of a well for the purpose of preventing waste;

(ll) respecting the method to be used in the measurement of petroleum and water and the standard conditions to which such measurement is to be converted;

(mm) prescribing the cleaning-out of a well;

(nn) regulating the unitization of a pool or a field for the purpose of drilling and producing;

(oo) prescribing the records that must be maintained and filed with the Minister;

(pp) regulating the release of a well record and well data and of reports and information required to be submitted to the Minister under this Act or the regulations;

(qq) regulating general conservation of petroleum, the waste or improvident disposition thereof, and any other matter incidental to the development and drilling of a well, the operation thereof, and the production therefrom;

(rr) establishing a tariff of fees for a well licence, testhole authorization and rig licence, and the transfer of them, and for such other purpose as is required;

(ss) governing the posting of signs at well sites;

(tt) governing the location, the establishment and the operation of underground storage facilities;

(uu) governing amounts of plant effluent and the manner of its disposal;

(vv) respecting the manner of drilling and completing wells which produce, or may produce, hydrogen sulphide;

(ww) governing the naming and classification of wells and batteries;

(xx) governing the identifying, location, drilling, completing, recompleting, equipping, use, servicing, production, suspending the operation of, and abandoning of wells;

(yy) governing the maximum permissible rate of production from wells or pools, including action to be taken when a holder of a well licence or holder of a petroleum right fails to comply with a maximum production rate, and the circumstances in which the Minister may vary or remove a maximum permissible rate;

(zz) respecting the approval of, requirements and conditions for and amendments to development plans;

(aaa) prescribing the fee in respect of any development plan, which fee may vary according to the size of development set out in the development plan or on any other similar basis;

(bbb) prescribing how an application for a development plan or a development plan is made available to the public and the rules under which information sessions are to be held;

(ccc) prescribing the powers, duties and functions of the Registrar and the time when, and manner and circumstances in which, they are to be exercised,

(ddd) prescribing the records, books, abstracts and indexes to be maintained as the petroleum register and prescribing any document or information to be included in the petroleum register, including the transition from any prior registry system to the system established by this Act;

(eee) governing the filing of any document or information in the petroleum register;

(fff) respecting the registration, term of registration and discharge or cancellation of registration of any information or document maintained in the petroleum register;

(ggg) respecting public access to and searches of the petroleum register and requiring fees to be paid for services provided in relation to the petroleum register;

(hhh) governing transfers of petroleum rights;

(iii) respecting the procedure for applications for transfers, security notices or other documents and the terms and conditions and requirements upon which the Registrar may allow transfers, security notices or other documents;

(jjj) prescribing notices in relation to a registered security notice;

(kkk) prescribing classes of persons for the purposes of paragraph 85(1)(d);

(lll) respecting the confidentiality of security notices or other documents or other information required to be submitted under this Act, including prescribing periods of time for which the information is to be held on a confidential basis, and extensions of these periods;

(mmm) prescribing the manner in which and the time at which royalties are to be paid to the Provincial Tax Commissioner;

(nnn) prescribing the manner in which and the time or times at which returns are to be made to the Provincial Tax Commissioner;

(ooo) prescribing the rules to determine or estimate the amount of royalties owed;

(ppp) prescribing the rules applicable to audits under this Act;

(qqq) prescribing the records to be kept by persons who obtain or take petroleum under the authority of a petroleum right, including the information to be contained in them, the place or places where they are to be kept and the length of time they are to be kept;

(rrr) prescribing the practice and procedure on appeals to the Minister of Finance;

(sss) describing the circumstances under subsection 107(2);

(ttt) prescribing the period of time for the purposes of subsection 107(2);

(uuu) prescribing the time under subsection 107(3);

(vvv) prescribing the rates of interest for the purposes of sections 107 and 110;

(www) prescribing the amount or rate of penalty for the purposes of section 110;

(xxx) respecting the waiver referred to in section 111 of a requirement to pay interest or a penalty;

(yyy) authorizing a designated person or class of persons to exercise any powers or perform any duties of the Provincial Tax Commissioner;

(zzz) respecting the presentation to the public of the whole or a part of the contents of an application for a geophysical licence or well licence and the holding of public information sessions in respect of the applications;

(aaaa) respecting any act, duty or power performed by inspectors under this Act or the regulations;

(bbbb) respecting the determination of the circumstances under which persons shall be regarded as not dealing with each other at arm’s length for any purpose under this Act or as being related to or associated or affiliated with each other for any purpose under this Act;

(cccc) establishing a survey system for the purposes of this Act and the regulations and defining and describing grid areas and subdivisions of grid areas for the purposes of establishing the survey system;

(dddd) prescribing the subject areas upon which a directive may be issued by the Minister;

(eeee) prescribing the offences in relation to which administrative penalties may be payable and the calculation of the amounts of such penalties, which may vary according to whether the offence in relation to which the penalty is payable is a first, second or third offence and according to the degree of seriousness of the first, second or third offence;

(ffff) prescribing the categorization of offences by the degree of seriousness for the purposes of paragraph (eeee), including establishing guidelines in relation to the degree of seriousness or delegating to the Director of Administrative Penalties who imposes an administrative penalty, the discretion to determine the degree of seriousness of each offence;

(gggg) prescribing the procedures to be followed in imposing and paying an administrative penalty;

(hhhh) respecting the conducting of a review by the Minister in respect of an administrative penalty;

(iiii) prescribing any matter that is to be prescribed under this Act or is to be determined, required or permitted by regulation;

(jjjj) prescribing the information to be furnished to the Minister, the persons required to furnish that information, the form in which that information must be furnished and the time within which that information must be furnished;

(kkkk) respecting the imposition of pecuniary penalties for failure to furnish information in accordance with the regulations;

(llll) governing the disclosure and divestment of direct pecuniary interests;

(mmmm) governing the confidentiality of, and the communication of and access to records or other information furnished under this Act or the regulations

(nnnn) respecting the form and content of applications that may be made under this Act or the regulations;

(oooo) prescribing fees required to be prescribed under this Act or the regulations;

(pppp) respecting the protection and rehabilitation of the environment;

(qqqq) respecting the form and content of records, reports, plans, maps, samples, statements and other information required to be submitted under this Act or the regulations;

(rrrr) respecting the powers and duties of the Director of Administrative Penalties;

(ssss) prescribing anything that by this Act may be or is required to be prescribed;

(tttt) respecting forms for the purposes of this Act and the regulations;

(uuuu) respecting the requirement for, subject and content of, timing of, publishing or service of or any other matter in relation to any notice, order or other document that is required to be or may be given or served under this Act or the regulations;

(vvvv) respecting a royalty regime for petroleum, including the transition from any prior royalty regime to the royalty regime established under the regulations;

(wwww) respecting any other matter that is incidental or conducive to the attainment of the objects and purposes of this Act.

156(2) A regulation made under subsection (1) may adopt by reference, in whole or in part, with such changes as the Lieutenant-Governor in Council considers necessary, any code, standard, procedure or specification of any government, person, board or organization, and may require compliance with such code, standard, procedure or specification.

156(3) The power to adopt by reference and require compliance with a code, standard, procedure or specification in subsection (2) includes the power to adopt a code, formula, standard, procedure or specification as it may be amended from time to time.

PART 21

SAVINGS

Saving

157 The inclusion in a petroleum right of any petroleum that does not belong to or is not reserved to the Crown does not invalidate the petroleum right with respect to the remainder of the petroleum right.

PART 22

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT

Division A

Transitional provisions

References to the Oil and Natural Gas Act

158 Where in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document, reference is made to the Oil and Natural Gas Act it shall be read as a reference to the Petroleum Act unless the context requires otherwise.

Licences to search to continue

159 A licence to search granted under the Oil and Natural Gas Act and in good standing immediately before the coming into force of this Act continues as a licence to search under this Act and the provisions of this Act with respect to the licence to search apply to the licence to search and to the holders of the licence to search.

Leases to continue

160 A lease granted under the Oil and Natural Gas Act and in good standing immediately before the coming into force of this Act continues as a lease under this Act and the provisions of this Act with respect to the lease apply to the lease and to the holders of the lease.

Geophysical licences to continue

161 A geophysical licence granted under the Oil and Natural Gas Act and in good standing immediately before the coming into force of this Act continues as a geophysical licence under this Act and the provisions of this Act with respect to the geophysical licence apply to the geophysical licence and to the holders of the geophysical licence.

Well licences to continue

162 A well licence granted under the Oil and Natural Gas Act and in good standing immediately before the coming into force of this Act continues as a well licence under this Act and the provisions of this Act with respect to the well licence apply to the well licence and to the holders of the well licence.

Orders

163 An order made by the Minister under the Oil and Natural Gas Act is deemed to be an order made under this Act by the person who has the power or duty to make such an order under this Act.

Instruments affecting title

164(1) Any transfer, assignment, agreement or instrument affecting title to a licence to search or lease recorded with the Minister prior to the coming into force of this section shall be deemed to be a transfer, agreement or instrument under this Act and registered in the petroleum register.

164(2) If a transfer, assignment, agreement or instrument affecting title is deemed to be a transfer, assignment, agreement or instrument registered in the petroleum register under this Act under subsection (1), registration under this Act continues any registration or perfected status under prior registration law.

Division B

Consequential amendments

Bituminous Shale Act

165(1) Section 1 of the Bituminous Shale Act, chapter B-4.1 of the Acts of New Brunswick, 1976, is amended in the definition “grid area” by striking out “Oil and Natural Gas Act” and substituting “Petroleum Act”.

165(2) Subsection 5(1) of the Act is amended by striking out “Oil and Natural Gas Act” and substituting “Petroleum Act”.

165(3) Section 12 of the Act is amended

(a) in subsection (1) by striking out “Oil and Natural Gas Act” and substituting “Petroleum Act”;

(b) in subsection (2) by striking out “Oil and Natural Gas Act” and substituting “Petroleum Act”.

165(4) Section 25 of the Act is amended by striking out “Oil and Natural Gas Act” and substituting “Petroleum Act”.

Gas Distribution Act, 1999

166 Subsection 50(1) of the Gas Distribution Act, 1999, chapter G-2.11 of the Acts of New Brunswick, 1999, is amended by striking out “Oil and Natural Gas Act” and substituting “Petroleum Act”.

Mining Act

167 Subsection 108(5) of the Mining Act, chapter M-14.1 of the Acts of New Brunswick, 1985, is amended by striking out “Oil and Natural Gas Act” and substituting “Petroleum Act”.

Protected Natural Areas Act

168 Paragraph 22(a) of the Protected Natural Areas Act, chapter P-19.01 of the Acts of New Brunswick, 2003, is amended by striking out “Oil and Natural Gas Act” and substituting “Petroleum Act”.

Underground Storage Act

169(1) Section 1 of the Underground Storage Act, chapter U-1.1 of the Acts of New Brunswick, 1978 is amended in the definition “fluids” by striking out “Oil and Natural Gas Act” and substituting “Petroleum Act”.

169(2) Section 4 of the Act is amended by striking out “Oil and Natural Gas Act” and substituting “Petroleum Act”.

169(3) Subsection 9(5) of the Act is amended by striking out “Oil and Natural Gas Act” and substituting “Petroleum Act”.

169(4) Section 10 of the Act is amended by striking out “Oil and Natural Gas Act” and substituting “Petroleum Act”.

169(5) Section 12.1 of the Act is amended by striking out “Oil and Natural Gas Act” and substituting “Petroleum Act”.

169(6) Section 17 of the Act is amended by striking out “Oil and Natural Gas Act” and substituting “Petroleum Act”.

Division C

Repeal

Repeal of the Oil and Natural Gas Act

170 The Oil and Natural Gas Act, chapter O-2.1 of the Acts of New Brunswick, 1976, is repealed.

Regulations under the Oil and Natural Gas Act

171 Notwithstanding any inconsistency with any provision of this Act,

(a) New Brunswick Regulation 86-190, 86-191 and 2001-66, including amendments made to them under paragraph (b), are valid and continue in force until repealed by a regulation or regulations made by the Lieutenant-Governor in Council under this Act, and

(b) a regulation referred to in paragraph (a) may be amended under the Oil and Natural Gas Act on or after the commencement of this section as if the Oil and Natural Gas Act had not been repealed.

Division D

Commencement

172 This Act or any provision of this Act comes into force on a day or days to be fixed by proclamation.

SCHEDULE A

Column I Section		Column II Category of Offence
Column I Section		Column II Category of Offence

	3(a)...............		E
	3(b)...............		E
	3(c)...............		E
	23(1)(a)...............		E
	23(1)(b)...............		E
	23(1)(c)...............		E
	25(3)...............		F
	29(a)...............		E
	29(b)...............		E
	29(c)...............		E
	29(d)...............		E
	32(a)...............		F
	32(b)...............		F
	33(a)...............		C
	33(b)...............		F
	40(a)...............		F
	40(b)...............		F
	56...............		I
	62...............		E
	63...............		E
	70(1)...............		C
	70(3)...............		C
	90(6)...............		E
	112(1)...............		H
	112(6)...............		E
	130(4)(b)...............		E
	130(5)...............		F
	130(6)...............		F
	135...............		F
	136(2)...............		E
	155(7)...............		E