Bill 61 — Fourth Session, 16Th Legislature, 20 Elizabeth Ii the Le'Jislative Assembly of Alberta Bill 61 the Energy Resources Conservation Act the Honourable (Legislature 16, Session 4)

L16 S4 4899

Alberta — Bills

1971 Bill 61 Fourth Session, 16th Legislature, 20 Elizabeth II THE LE'jISLATIVE ASSEMBLY OF ALBERTA BILL 61 The Energy Resources Conservation Act THE HONOURABLE MR. PATRICK First Reading .. , ........................... . Second Reading ............................ . Third Reading ._--_. ====----.--=-.- -- ::.--=-===~-:--::.-.-- c::: ',.- ..... 11 n: . .... -.,~., ..... "t"'l,..r .. ....... t: ..... ~ •. ,r)~,~ ',~

BILL 61 1971 THE ENERGY RESOURCES CONSERVATION ACT (Assented to , 1971) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. In this Act, 1. "Board" means the Energy Resources Conservation Board; 2. "Chairman" means the chairman of the Board; 3. "Committee" means the Energy Committee; 4. "energy resource" means any na.tural resource within Alberta that can be used as a source of any form of energy.

Explanatory Notes This Bill will reconstitute the Oil and Gas Conservation Board the "Energy Resources Conservation Board" with an increase in :embership from 3 to 5. . In addition to carry~ng on all ?f t~e resent functions of the all and Gas Conservation Board, It WIll ~ssume those of the Alberta Power Commission: see the Bill ~or The Hydro and Electric Energy Act.

The new Board will also assume responsibility for the admin istration of The Pipe ,Line Act and The Coal 'Mines Regulation Act presently administered by the Pipe ·Lines Division and IvIines Division, respectively, of the Department of Mines and Minerals. The Bill will thus bring under one administrative authority all aspects of the energy resources of Alberta, including the conserva tion arid regulation of energy resources such as oil,gas, coal, water and electricity, the transmission of energy resources, and safety practices in the energy resources industries.

The Bill also establishes the "Energy Committee" consisting of the Premier and senior government officials, which will exercise co-ordinating and advisory functions in government policy and administration in the field of energy resources. I.

Definitions.

PART 1 PURPOSES OF ACT 2. The purposes of this Act are (

a) to provide for the appraisal of the reserves and productive capacity of energy resources and energy in Alberta, (

b) to provide for the appraisal of the requirements for energy resources and energy in Alberta and of markets outside Alberta for Alberta energy re sources or energy, (

c) to effect the conservation of, and to prevent the waste of, the energy resources of Alberta, (d) (e) (f) (

g) to control pollution and ensure environment con servation in the exploration for, processing, de velopment and transportation of energy resources and energy, to secure the observance of safe and efficient practices in the exploration for, processing, de velopment and trans'portation of the energy re sources of Alberta, to provide for the recording and timely and useful dissemination of information regarding the energy resources of Alberta, and to provide agencies from which the Lieutenant Governor in Council may receive information, ad vice and recommendations regarding energy re sources 'and energy.

2. Purposes of the Act. 2

PART 2 ORGANIZATION, CONSTITUTION AND FINANCING OF BOARD 3. The Oil and Gas Conservation Board is hereby con tinued as a body politic and corporate under the name of the "Energy Resources Conservation Board". 4.

(1) The Board shall consist of not more than five members appointed by the Lieutenant Governor in Council one of whom shall be designated as Chairman, not mor~ than two of whom may be designated as Vice Chairman and the remainder of whom shall be designated as Board Members.

(2) In the event of any vacancy occurring in the member ship of the Board, the Lieutenant Governor in Council may appoint a member, and in case the office of Chairman or a Vice Chairman becomes vacant, the Lieutenant Governor in Council may designate any member to fill the vacancy.

(3) Each of the members of the Board 'holds office dur ing good behaviour for a term of five years from the date of his appointment and thereafter during the pleasure of the Lieutenant Governor in Council.

(4) Notwithstanding anything contained in this section, any member of the Board may be removed from office by the Lieutenant Governor in Council at any time during the five-year term referred to in subsection (3) upon the address of the Legislative Assembly.

(5) Each member of the Board s'hall receive such re muneration as may be fixed from time to time by the Lieutenant Governor in Council and the remuneration shall be paid by the Board. 5.

(1) No member of the Board appointed under

section 4 shall b.ave a monetary interest of any description, directly or indirectly, :m any oil, gas, oil sands, coal or hydro '?-ners:y property or in any business engaged in any phase of the oil, gas, crude bitumen, coal or electric energy industries or engagGd in any phase of the business of generation, transmission, distribution or sale of energy in any form.

(2) No person continuously employed by the Board sh~l1, directly or indirectly, have a monetary interest of a kind described in subsection (1) other than (

a) share::\ of :;1 corporation that are regularly quoted and dealt in on a recognized stock exch~nge, and

3. Continuation of Oil B:nd Gas Conservation Board as th~ lergy Resources ConservatlOn Board. 4. Composition of Board and tenure of members. 5. Prohibitions as to interests of Board members. 3

(

b) any Hhares, bonds, debentures, debenture stock or othl'l' securities of a corporation that are exempted from the operation of this subsection by order of the Lieutenant Governor in Council. 6.

(1) The Lieutenant Governor in Council may from time to time nominate one or more persons from among whom acting members of the Board may be selected.

(2) When in his opinion it is necessary or desirable for the proper and expeditious performance of the Board's duties, the Chairman may name a person nominated under subsection (1) as an acting member for a period of time, during any circumstance or for the purpose of any matter before the Board.

(3) An acting member has, during the period, under the circumstances or for the purpose for which he is named an acting member, all the powers of 'and may perform all duties of a member of the Board.

(4) Section 4, subsection (1) does not prevent the en largement of the Board to more than five members by the naming of one or more acting members in accordance with this section, ·but the Board shall not be enlarged pursuant to this

section so that there are more than seven members during any peroid of time. 7. Where a hearing, inquiry or investigation is held by the Board, and a member or members of the Board is or are for any reason unable to attend on any day or date, the other member or members ,has or have po\ver to continue the hearing, inquiry or investigation as fully and effectively as if the member or members unable to attend were present. 8. 'Subject to the approval of the Lieutenant Governor in Council, the Board may from time to time appoint one or more persons IJ.aving special technical or other knowledg~ (

a) to sit with the Board to hear and consider any matter before it, or (

b) to inquire into and report to the Board in respect of 'any matter before it. 9.

(1) The Board or the Chairman may authorize any member of the Board to report to the Board upon any ques tion or matter arising in connection "\vith the business of the Board. 4

6. Acting Board members. 1. Absent members. 8. Engaging services of experts. 9. Special report by a Board member. 4

(2) A member authorized pursuant to this

section to re port to the Board upon a question has and may exercise all the powers of the Board for the purpose of taking evidence or acquiring the necessary information for the purpose of his report. Office and Business Practices of the Board 10. The head office of the Board shall be at the City of Calgary. 11.

(1) Meetings of the Board shall be held at the call of the Ohairman at such place or places and upon such notice as to the Chairman seems proper.

(2) The chairman shall call a meeting of the Board im mediately upon being requested in writing to do so by three members of the Board.

(3) Three members of the Board constitute a quorum. 12.

(1) The Chairman (

a) is the executive officer of the Board, and (

b) has full power to act for, and in the name of, the Board in the execution, performance and carrying out of any act, matter or thing that is 'within the power of the Board, subj ect only to such express directions or decisions as are given or made by a resolution of the Board.

(2) Subject to

section 13, the Chairman,a Vice Chairman or a Board Member shall sign all orders, directions or other documents issued by authority of the Board.

(3) At any time during which the office of Chairman is vacant or the Chairman is absent from the head office of the Board or is incapacitated for any reason from execut ing his functions as Chairman, or upDn the direction of the Chairman, a Vice Chairman h~1S and shall exercise or per fonn all the powers, duties ann functions that are by this Act conferred or imposed upon the Chairman.

(4) At' any tL.T!.e during ,yhich the offices of the Vke Chairmen are vacant or the YicC' Chairmen are absent fronl the 'head office or the Board or are incapacitated for any reason from executing their functions as Vice Chairmen, or upon the direction of the Ch~1irman, a Board lVIen1ber has and may exercise and perform ~ll the powers, duties and functions that are by this Act conferred or inlposed upon :1. Vice Chairman. 13. The Board may delegat(' any of the po\vers or duties conferred or imposed upon it by this Act or by any other Act to designated officials of the Board, unless such Act prohibits such delegation. 5

10. Head office. 11. Meetings. 12. Chairman and Vice Chairman. 13. Delegation of powers of officers. 5

(1) An order, direction or other document purport ing to be issued by ~uthori~y of the Board, when signed by the Chairman, a VIce Chalrman or Board l\lembers shall be admitted in evidence to prove the contents thereol with out any proof of the signature or of the authority of the Chairman, a Vice Chairman or Board l\lember, as the case may be, to sign the document or of his appointment.

(2) A copy of an order, direction or other dccument purporting to be issued by authority of the Board, when certified as a true copy by the Board's solicitor, shall be admitted in evidence to prove the order, direction or other document and its contents ·without any proof of the author ity of the member by ·whom the order, direction or docu ment purports to be signed and without any proof of the signature or of the authority of the solicitor or of his appointment. 15.

The Board, in the p€rformance of the duties and functions imposed upon it by this Act and by any other Act, may do all things that are necessary for or incidental to the performance of any such duty or function. 16. (1) the Board may (

a) employ such technical or professional persons and such other officers, clerks or employees as the Board considers necessary for the proper and convenient transaction of its business, (

b) prescribe the duties, conditions of employment and remuneration of persons employed by it, (

c) appoint from time to time persons having special technical or other knowledge of any matter before the Board to inquire into and report to the Board iin respect of the matter in question, any of \vhich persons mayor may not be employees of the Board, and (

d) appoint examiners, from its staff or otherwise, for the purpose of conducting hearings, inquiries and otber investigations 'and reporting thereon to the Board.

(2) Subject to

section 34, ,vhere any Act or regulation provi(les that the Board shall hear an application or othe:!.' matter, the hearing may, if the Board so directs, be held by examiners appointed under subsection (1), clause (d), and when examiners have heard 'an application which is contested or denied, the Board shaH send each person who has appeared at the hearing as an applicant or intervener :1 copy of the examiners' report to the Board. 6

14. Proof of Board orders. 15. Ancillary powers. 16. Personnel. 6

Finance 17. The fiscal year of the Board is the period commenc ing on the first day of April in one year and ending on the last day of March in the following year. 18.

(1) All salaries, expenses and expenditures incurred 'by the Board in the performance of its duties (

a) if incurred by the Board in performance of its duties pursuant to The Oil and Gas Conservation Act, The Gas Resources Preservation Act and The Turner Valley Unit Operations Act, shall be charged against moneys provided in accordance with The Oil 'and Gas Conservation Act, or (

b) if incurred otherwise, shall be charged against moneys provided in accordannc€' with subsections (2) and (3).

(2) In each fiscal year, funds equivalent to the esti mated net expenditures to be incurred in the year by the Board, otherwise than in performance of its duties under The Oil and Gas Conservation Act, The Gas Resources Preservation Act and The Turner Valley Unit Operations Act, shall be provided from moneys appropriated by the Legislature for that purpose, and if the appropriation is in sufficient, from the General Revenue Fund.

(3) The Provincial Treasurer shall advance to the Board the funds provided by appropriation and referred to in sub section (2) in instalments as soon as conveniently may be after the first days of April and January, each instalment to be in such amount as the Provincial Treasurer in consultation with the Board may decide.

(4) The Board shall decide what part of its total ex penditure is reasonably attributable to the performance of the duties referred to in subsection (1), clause (a), and its decision is conclusive.

(5) In preparing its estimate of net expenditures to be incurred otherwise than in performance of its dudes pur suant to The Oil ·and Gas Conservation Act, The Gas Re sources Preservation Act and The Turner Valley Unit Op erations Act, for any fiscal year, the Board shall have re gard to its estimate of any deficit or surplus existing at the end of each fiscal year from funds for such expenditures received from the Government in previous years. 7

17. Fiscal year. 18. Board funds and expenditures. 7

PART 3 ENERGY COMMITTEE 19.

(1) There is hereby established a committee called the "Energy Committee" consisting of (

a) the President of the Executive Council, (

b) the Deputy Minister of the Environment, (

c) the Deputy Mininster of Industry and Tourism, (

d) the Deputy l\Iinister of Lands and Forests, (

e) the Deputy Minister of Mines and Minerals, (

f) the Chairman of the Energy Resources Conservation Board, (

g) The Chairman of the Public Utilities Board, and (

h) if the vice chairman ,appointed pursuant to sub section (2) is not otherwise a member of the Committee, the vice chairman.

(2) The President of the Executive Council is the chair man of the Committee and may appoint a person referred to in subsection (1) or any other person to be vice chair man and to act as such upon ,his direction. 20. (1) 'The Energy Committee may decide the manner in which its meetings shall be conducted and any other matters pertaining to the conduct of any inquiry or study it may make and the conduct of its business and affairs.

(2) The Committee shaH meet at the call of its chairman and at least once each year.

(3) The chairman of the Committee shall call a meet ing of the Committee as soon as may be upon being re quested in writing to do so by two other members of the: Committee.

(4) A majority of the members of the Energy Committee constitutes ,a quorum. ~1. The Energy Committee (

a) shall use its best efforts to bring about a continu ing liaison between all government departments and agencies concerned with the administration of Alberta's energy resources or energy, and (

b) shall advise the Lieutenant Governor in Council on policy matters concerned ''lith the administration of Alberta's energy resources or energy and affect ing more than one gO\Ternnlent department or ~.gency. 22. At the request of the Energy Committee, expenses incurred for any inquiry or study made by or on behalf of it pursuant to this Part shall be paid out of the General Rev enue Fund of the Province. S

19. Establishment of "Energy Committee". 20. Proceedings of Energy Committee. ~l. Duties of Energy Committee. 22. Expenses of Energy Committee.

PART 4 POWERS AND DUTIES OF THE BOARD 23. The Board, with the 'approval of the Lieutenant Governor in Council, may take such action and may make such orders 'and directions as the Board considers neces sary to effect the purposes of this Act and as are not otherwise specifically authorized by this Act. 24.

(1) The Board may, and at the request of the Lieu tenant Governor in Council shall, .at such places, at such times and in such manner as it considers advisable (

a) make inquiries and investigations and prepare studies :and reports on any matter within the pur view of any Act administered by it relating to energy resources and energy, and (

b) recommend to the Lieutenant Governor in Council such measures as it considers necessary or advisable in the public interest related to the exploration for, production, development, conservation, control, transportation, transmission, use and marketing of energy resources and energy.

(2) The Board may recommend to the Lieutenant Gover n{)r in CouncH the making of such arrangements as it con siders desirable for co-operation with governmental or other agencies in or outside Alberta in respect of matters relating to energy resources and energy.

23. General powers of the Board. 24. Inquiries and recommendations by Board. 9

PART 5 BOARD RECORDS 25.

(1) The Board shall keep at its office (

a) minutes of the business transacted at its meetings. and (

b) full and complete accounts and records of all the financial business of the Board.

(2) All such minutes, accounts and records are admis sible in evidence by the production thereof by any member of the Board or by any employee thereof who is authorized by the Board to produce them. 26.

(1) When, upon the written authority of the Board, photographs have been taken of any papers, books, files, plans or documents on record ,vith the Board or of an:l minutes, accounts or records of the Board that relate to transactions that have been concluded more than two years previously, if the films of the photographs have been duly certified under the signature of a member of the Board or an employee duly authorized for the purpose by the Board~ the 'papers, ·books, files, plans, minutes, accounts, records or other documents may be destroyed forthwith under the direction and supervision of the member or employee of the Board.

(2) A print from any such photographic film and a certificate under the signature of a member of the Board or an employee duly authorized for the purpose by the Board, certifying that the print is a print from the film and that the film was duly certified as a film of an original document in compliance with subsection (1), shall be ad mitted in evidence in all proceedings in which the original document of which the print is a photograph would b~ evidence.

(3) Nothing in this

section precludes the destruction from time to time in accordance with the instructions of the Board of any routine reperts, returns or espies of routine communications that are considered no longer of service, without the making of any photograph or other copy of such reports, returns or communications. 27. A copy of any record, document, plan, book, paper. minute or account belonging to or deposited with the Board and attested under the signature of a member of the Board or an employee duly ·authorized for the purpose by the Board shall be adn1itted in evidence in all proceedings in which the original record, docnn1ent, plan, book, paper. minute or account would be evidence. 10

25. Members, accounts and records. 26. Microfilming of records. 1)7 C . ... Ople.> of records as evidence.

PART 6 PROCEEDINGS BEFORE THE BOARD 28. Where any Act authorizes the Board to examine, inquire into, hear or determine any matter or question, sub ject to sections 41 and 42, every action, decision and order of the Board with respect to such matter or question is final and conclusive and is not open to question or review in any court. 29.

(1) Unless it is otherwise expressly provided by this Act to the contrary, any order or direction that the Board is authorized to make may be made upon its own motion or initiative, and without the giving of any notice, and with out holding any hearing.

(2) Notwithstanding subsection (1), where it appears to the Board that its decision upon an application may directly and adversely affect the rights of any person, the Board shall give the person (

a) notice of the application, (

b) a reasonable opportunity of learning the facts bear ing on the application -and presented to the Board by the applicant and other parties to the applica tion, (

c) a reasonable opportunity to furnish evidence relev ant to the application or in contradiction or ex planation of the facts or allegations in the applica tion, (

d) where the person will not have a fair opportunity to contradict or explain the facts or allegations in the application without cross-examination of the person presenting the application, an opportunity of cross-examination in the presence of the Board or its examiners, and (e) 'an adequate opportunity of Plaking representations by way of argument to the Board or its examiners.

(3) Where by subsection (2) a person is entitled to make representations to the Board or its examiners, the Board or examiners is not by subsection (2) required to afford an opportunity to the person (

a) to make oral representations, or (

b) to be represented by counsel, if the Board or exan1iners -affords the person an oppor tunity to make representations adequately in writing, un less the statutory provision authorizing the Board's de consideration and redetermination. 11

28. Board decisions final. 29. Hearings. 11

(1) The Board may m'ake rules of practice governing its procedure and hearings pursuant to any Act that the Board administers, but the rules shall not be inconsisten: with such Act.

(2) The Board in the conduct of its hearings is not bound by the rules of law concerning evidence applicable to judicial proceedings. 31. If the Board is charged with the conduct of anv hearing, inquiry or other investigation by or pursuant to any other Act, it has for the purpose of conducting such inquiry, hearing or other investigation all of the powers granted to it by this Act for the purpose of conducting an inquiry, hearing or other investigation, and each witness at any such inquiry, hearing or other investigation pur suant to any other Act shall have the protection given a witness by this Act. 32.

(1) The Board may proviae in any order or direc tion that the order or direction or any portion or provision thereof is to come into force (

a) at a future fixed time, or (

b) upon the happening of any contingency, event or condition specified in the order or direction, or (

c) upon the performance to the satisfaction of the Board or of any person named by it of any terms that the Board imposes upon any party interested.

(2) The Board may direct that the whole or any portion of the order or direction is to have force for a limited time or until the happening of any specified event.

(3) When any work, act, matter or thing is by an order or direction of the Board required to be done, performed or completed within ,a specified time, the Board, if it think.:; proper to do so, may extend the time specified. 33. An order of the Board n~~d net show upon its face that any proceeding or notice was had or taken, or that any CirCUTIlstances existed necessary to give it jurisdiction to make the order. 3 Li.

(1) When a hearing, inquiry or illvestigation is con ducted by exanliners appointed by the Board for that pur pose, the applicant or an intervener who has filed a sub mission in accordance with the Board's rules of practice may at any time file with the exan1iner or examiners an application to the Board to have the hearing, inquiry or in vestigation conducted by the Board. 12

30. Rules of practice. 31. Powers of Board on hearing. 32. Coming into force of order. 33. Con~ent of order. 34. Application for Board hearing. 12

(2) Upon the filing of such 'application, the examiner or examiners shall adjourn the hearing, inquiry or in vestigation.

(3) If the Board after considering the application is sat isfied that the hearing, inquiry or investigation should be conducted by the Board, the Board shall proceed to conduct it and the proceedings before the examiner or examiners are of no effect.

(4) If the Board refuses the application, the examiner or examiners shall proceed with the hearing, inquiry or in vestigation on such date as the Board may designate. Notices 35.

(1) Any notice with regard to matters before or to come before the Board that is required or authorized to be given in writing (

a) by the Board, may be sigried by any member of the Board or the solicitor of the Board, or (

b) by any person appointed by the Board, may be signed by such person, or (

c) by any other person, may be signed by such person or his duly authorized agent or solicitor.

(2) In contentious matters, the Board shall give or may require to be given such notice, of not less than 10 days, of an application to or a. hearing by the Board -as the Board considers necessary, and such notice may be given by mail, newspaper pUblication or such other means as the Board considers proper. 36. When the Board publishes a notice in connection with any application, hearing, inquiry or investigation by the Board, ,vhether under this Act or otherwise, it may order that the cost of advertising be paid in whole or in part by any party to the hearing, inquiry or investigation. Evidence 37.

For the purpose of any hearing, investigation or inquiry pursuant to this Act, thE; Board and any member thereof and any other person authorized by the Board to conduct a hearing, or to make an inquiry or investigation, has all the powers of a commissioner appointed under The Public Inquiries Act. 38.

(1) No person shall be excused from testifying or from producing any book, docuD1ent or paper in an investi gation or inquiry by or upon a hearing before the Board, when ordered to do so by the Board, upon the ground that the testinlOny, book, document or paper might tend to criminate hinl or subject him to penalty or forfeiture. 13

35. Notices. 36. Costs of advertising hearing. 37. Board's powers on inquiries. 33. Protection as to incriminating evidence. 13

(2) vVhere a person objects to answering a question or producing any documentary evidence on the ground that it might tend to criminate him or subject him to penalty or forfeiture, the Board shall give him the protection afforded by

section 5 of The Canada Evidence Act and by

section 7 of The Alberta Evidence Act. 39.

(1) In case of failure or refusal on the part of any person to comply with a notice to attend issued by thB Board, or to produce any book, document or paper 'when ordered to do so by the Board, a judge, on the application of the Board, may issue 'a bench warrant requiring the attendance of the witness before the Board, or the pro duction by him of the book, document or paper.

(2) In case of refusal of a \vitness to give evidence or answer as to any matter regarding which he is questioned before the Board, or to produce any book, document or paper when ordered to do so by the Board, a judge, on the application of the Board, may commit the witness for con tempt. Rehearings and Apeals 40. The Board may review, rescind, change, alter or vary any order or direction made by it, or may rehear any ap plication before deciding it. 41.

(1) Any person affected by an order or direction made by the Board without the holding of a hearing may. within 30 days after the date upon which the order or di r~ction was made, apply to the Board for a hearing.

(2) Any person affected by an order or direction made by the Board after a hearing and to whom notice of the> hearing was not directly given may, \vithin 30 days after the date upon which the order or direction was made, apply to the Board to vary, amend or rescind it.

(3) An application under this

section shall set forth the matters complained against 2.nd the reasons f·r!.' the complaint.

(4) Upon making an application under this section, th~ applicant n1ay request that the order or direction. re~err~d to in the application be suspended until the applIcatwn IS heard, and the Board may suspend the order or directioi1 upon such ternlS and conditions as it prescribes or may refuse the request. (5) 'Vhen an 'application is nlade under this section, th.~ Board shall after not less than 10 days' notice to all persons aff~cted by the order or direction, hold a public hearing of the application, and may confirm, y::try. or re scind the order or direction, as to the Board seems JUst. 14

39. Compelling attendance of witnesses and production of documents. 40. Review, alteration, etc., of Board orders. 41. Hearing to review order made previously without a hearing. 14

(1) Subject to subsection (2), upon a question of jurisdiction or upon a question of law, an appeal lies from the Board to the Appellate Division of the Supreme Court of Alberta.

(2) Leave to appeal shall be obtained from a judge of the Appellate Division upon application made within one month 2fter the making of the order, decision or direction sought to 'be appealed from, or within such further time as the judge under special circumstances may allow, and upon notice to the parties affected by the appeal or the respective solicitors by whom the parties were represented before the Board, and to the Board, and upon hearing such of them as appear and desire to be heard, and the costs of the applica tion are in the discretion of the judge.

(3) An order or direction of the Board takes effect at the time prescribed by the order or direction, and its opera tion is not suspended by any appeal to the Appellate Division, or by any further appeal, but the Board itself may if it thinks fit suspend the operation of its order, when appealed from, until the decision of the Appellate Division is rendered, or the time for 'appeal to the Supreme Court of Canada has expired, or any appeal is abandoned.

(4) Within 30 days after leave has been obtained, the Board shall forward to the Registrar the transcript and record of the hearing and its findings and reasons for the order or direction.

(5) Upon receipt of the transcript, record, findings and reasons from the Board and of the security, the Registrar shall set the appeal down for hearing at the next sittings that will commence at least two weeks after the appeal is so set down, and the party appealing, 10 days after the appeal has heen set do,vn, shall give to the parties af fected by the appeal or the respective solicitors by whom such persons were represented before the Board, and to the Board, ·notice in writing that the appeal has been so set down for hearing, and the appeal shall be heard by the Appellate Division as speedily as practicable.

(6) On the hearing of the appeal, no evidence other than the evidence that was submitted to the Board upDn th~ making of the order appealed from shaH be admitted, and the Appellate Diyision shall proceed either to confirm, vary or vacate the order appealed from and in the latter event shall refer the matter back to the Board for further considerat!0!! ~nd !"~d.BtBYinination. 15

42. Appeal to Appellate Di vision. 15

(7) On the hearing of the appeal, the Court may draw aU such inferences as are not inconsistent with the facts expressly found by the Board and as are necessary for de termining the question of jurisdiction or of law, as the case may be, and shall certify its opinion to the Board.

(8) The Board is entitiled to be heard by counselor otherwise upon the argument of any appeal.

(9) The Appellate Division may fix the costs and fees to be taxed, allowed and paid upon the appeal and may make rules of practice respecting appeals under this Act, and until such rules are made the rules and practice ap plicable to appeals from a judge to the Appellate Division apply.

(10) Neither the Board nor 'any member of the Board is in any case liable to costs by reason or in respect of an appeal or application.

(11) If the order or direction is set aside or a variation is directed, the matter shall be reconsidered and rede termined by the Board, and the Board shan vary or rescind its order in accordance with the judgment of the Appellate Division of the Supreme Court of Canada. 43. Subject to

section 42, :p.o proceedings of or before the Board may be restrained by injunction, prohibition or other process or proceedings in any court nor are they re movable by certiorari or otherwise into any court. 16

43. Exclusion of prerogative writs. 16

PART 7 PROVISIONS OF GENERAL APPLICATION Incidental Powers of the Board 44. No action or proceeding may be brought against the Board or any member of the Board or any officer, assessor or employee of the Board in respect of any act or thing done purportedly in pursuance of this Act, or any Act that the Board administers, the regulations under any of those Acts or an order or direction of the Board. 45.

(1) For the purpose of carrying out the duties and exercising the powers .imposed or conferred upon it by or pursuant to this or any other Act, the Board may avail it self of the services of any officer or other employee of any board, commission or department of the Government.

(2) Each officer or employee of any board, commission or departrnel}t of the Government shall give to the Board such service, assistance and information as he is able to give and the Board requires, subject to the approval of the board, commission or the IVIinister in charge of the ad ministration of the department in which the officer or employee is employed. 46. Any sum of money collected by the Board (

a) pursuant to a provision of

an Act that the Board administers, or (

b) on account of fees or taxes, and any fine inlposed pursuant to

an Act that the Board administers are the property of the Board. ,47. The Board may recover any moneys payable to it pursuant to any provision of th~s or ?,ny other Ac~ by ?n action in debt. 48. vVhere the Board has more than one remedy for the enforcement of any order or for the payment of any money payable to it, the Board may resort to any or all such remedies from time to time as it thinks proper, either con currently or successively, until such time as the order has been complied with or the money payable thereunder to gether with all costs and expenses has been paid and satis fied. 17

14. No personal action against Board members or employees. 45. Services of Government departments and agencies. 46. Disposition of taxes and penalties. 47. Board's action for recovery. 48. Enforcement of remedies. 17

Consequential Amendments 49. Wherever a reference is made to the Petroleum and Natural Gas Conservation Board or to the Oil and Gas Conservation Board in any Act, regulation, order or direc tion or in any contract, agreement or other instrument in force in Alberta, the reference shall be deemed to be the Energy Resources Conservation Board. 50.

(1) The Alberta Gas Trunk Line C01npany Act is amended (

a) as to

section 13, subsection (1), clause (i), by str'iking O'llt the words "section 19" and by sub stituting the words "section 20", (

b) as to

section 30c, subsection (1) by striking out the words "Oil and Gas Conservation Board estab lished under The Oil and Gas Conservation Act, 1969" and by substituting the words "Energy Re sources Conservation Board constituted under The Energy Resources Conservation Act", (

e) as to

section 30c, by striking out subsection (2), (

d) as to

section 31, subsection (1), by striking out the numeral "1967".

(2) The City of ~!edicine Hat Gas Purchase Act is amended as to

section 2, clause (

b) by striking out the words "Oil and Gas Conservation Board" and by substitut ing the words "Energy Resources Conservation Board".

(3) The Electric Power and Pipe Line Assess?nent Act is amended as to

section 5, subsection (6), clause (

a) and

section 20, clause (

e) by striking out the words "Oil and Gas Conservation Board" wherever they occur and by sub stituting the words "Energy Resources Conservation Board". '0

(4) The Gas Resources Preservation Act is anl,ended (

a) as to

section .2 by striking out clause (

a) and by substituting the jolloll)ing: (a) "Board" means the Energy Resources Con servation Board constituted under The Energy Resources Conservation Act; (

b) as to

section 16 (

i) by striking out subsection (1), (ii) by striking out the 'Words "The Oil and Gas Conservation Act" 'Where they occur in sub section (2) and by substituting the 'Words "The Energy Resources Conservation Act".

49. References ,to former Board names. 50.

(1) Amends

chapter 37 of the Statutes of Alberta, 1954.

(2) Amends

chapter 49 of the Statutes of Alberta, 1959.

(3) Amends

chapter 119 of the Revised Statutes of Alberta 1970.

(4) A:ne.1ds

chapter 157 of the Revised Statut€3 (If Al:'erta 1970. 18

(5) The Gas Utilities Act is a'mended (

a) as to

section 2, clause (f), subclause (iv) by strik ing out the words "Oil and Gas Conservation Board" and by substituting the words "Energy Resources Conservation Board", (

b) as to

section 6, subsection (1) by striking out the words "Oil and Gas Conservation Board" wherever they occur and by substituting the words "Energy Resources Conservation Board", (

e) as to sections 50, 51 and 52 by striking out the words "Oil and Gas Conservation Board" whereve)' they occur and by substituting the words "Energy Resources Conservation Board", (

d) as to sectio'n 51, subsection (1) by adding after the words "of the other board" the words "under this Act or The Oil and Gas Conservation Act".

(6) The Mines and Minerals Act is amended as to th~ following sections by striking out the words "Oil and Gas Conservation Board" wherever they occur and by substitut ing the words "Energy Resources Conservation Board": (

a) section 53, subsections (1) and (2), (

b) section 149, subsection (3), clause (a), (

c) section 154, subsection (4), (

d) section 156, subsection (2), clause (a), (

e) section 171, subsection (2), clause (b), and (

f) section 193, subsection (1).

(7) The Oil and Gas Conservation Act is a1nended (

a) as to

section 2, subsection (1) by striking out clause 5 and by substituting the following: 5. "Board" means the Energy Resources Con servation Board under The Energy Resources Conserva tion Act; (

b) by striking out section;; 6 to 17,

section 22, sz~b section (1), clause 1;,1, sections 102 to 10.1;.,

section 108, subsection (2), sections 109 to 116, 118 to 125, 126, 127 and 135 to 137, (

c) as to

section 18 by adding the follo'wing subsection after subsection (3):

(4) In t~js

section and sections 19 and 67 "net expenditure" or "net expenditures" means net ex penditures incurred by the Board in performance of its duties pursuant to this Act, The Gas Resources Preservation Act and The Turner Valley Unit Operations Act. 19

(5) Amends

chapter 158 of the Revised Statutes of Alberta 1970.

(6) Amends

chapter 238 of the Revised Statutes of Alberta 1970.

(7) Amends

chapter 267 of the Revised Statutes of Alberta 1970. 19

20 (

d) as to

section 21, subsection (1), clause (

e) by striking out the words "Oil and Gas Conservation Board" and by substituting the words "Energy Re sources Conservation Board", (

e) as to

section 67 by striking out the words "to be incurred by the Board under this Act", (

f) by adding the follo'Wi-ng

section after

section 133: 133.1 (1) 'Vhere oil escapes from a well, battery or pipe line or from an unidentified source and it appears to the Board that such oil may not other wise be contained and cleaned up forthwith, the Board may (

a) direct the licensee or pipe line operator, or such licensees or pipe line operators who appear to the Board could be responsible for a \vell, bat tery or pipe line from \vhich oil escaped, to take steps it considers necessary to contain and clean up oil which has escaped and to prevent further escape of oil, or (

b) enter upon the area where oil has spilled and conduct such operations as it considers neces sary to contain and clean up oil which has escaped and to prevent further escape of oil.

(2) Where the Board enters upon an area pur suant to subsection (1), clause (b), (

a) every person responsible for the escape of oil. every licensee or pipe line operator who ap pears to the Board could be responsible for a well, battery or pipe line from which oil escaped and every officer and employee of such person, licensee or operator shall, until the operations to be conducted by the Board are completed, obey the orders concerning such operations given by the Board or such person or persons as it places in charge of such operations; (

b) the Board may recover, deal with and dispose of spilled oil as if it were the property of the Board, and if any such oil is sold, apply the proceeds to pay the costs and expenses of the operations conducted by the Board; (

c) the Board may engage such persons as it deems desirable to conduct any of the operations on its behalf. (3) \Vhere any operations are conducted pursuant to this

section

(

a) by a licensee, operator or other person under subsection (1), clause (

a) and the licensee, operator or person requests the Board to do so, or (

b) by or on behalf of the Board under subsection (1), clause (b), the Board shall determine the co.sts and expenses of such operations and direct by whom and to what extent they are to be paid.

(4) If the costs and expenses determined by the Board under subsection (3) are not fully paid from the sale of oil recovered or by the persons directed by the Board to pay them, and the Board directs that the balance of the costs and expenses or any part of it is to be paid by the licensee of a well, then the provisions of

section 132 regarding the use of the deposit and regarding the further liability of the licensee with respect to the costs referred to in that

section apply 'mutatis mutandis to the use of such deposit and to the further liability of the licensee to defray the balance of the costs and ex penses that are incurred pursuant to this section. (5 ) No action or proceeding may be brought against a person named in a direction issued pur suant to subsection (1), clause (

a) in respect of any act or thing done in pursuance of the direction.

(8) The Pipe Line Act is a'mended as to

section 8 and

section 9, subsection (1) by striking out the words "Oil and Gas Conservation Board" wherever they occur and by substituting the words "Energy Resources Conservation Board".

(9) The Public Service Act is a1nended as to

section 8, ~ubsection (4) by striking out clause (

c) and by substitut ~ng the following: (

c) the Energy Resources Conservation Board, or

(10) The Public Service Pension Act is a1nencled as to

section 37, clause (

a) by sl'riking out subclause (iv) and by substituting the following: (iv) the Energy Resources Conservation Board.

(11) The P.ublic Utilit'ies Board Act is amended as to

section 2, clause (j), subclause (iv) by st'rik'ing out the words "Oil and Gas Conservation Board" and by substituf ing the words "Energy Resources Conservation Board". ?1

(8) Arr.ends

chapter 275 of the Revised Statutes of Alberta 1970.

(9) Amends

chapter 298 of the Revised Statutes of Alberta 1970.

(10) Amends

chapter 299 of the Revised Statutes of Alberta 1970.

(11) Amends

chapter 302 of the Revised Statutes of Alberta 1970.

(12) The Turner Valley Unit Operations Act is allwnded (

a) as to

section 2 by st'riking out clause (

a) and by substituting the following: (a) "Board" means the Energy Resources Con servation Board constituted under The Energy Resources Conservation Act; (

b) by st'riking out

section 8. 51.

(1) The Pipe Line Act is a1nended (

a) as to sect'ion .~, (

i) by renumbering clause 1 as clause 1.1 and by adding the following clause before renurnbered clause 1.1: 1. "Board" mea.ns the Energy Resources Con servation Board under The Energy Re sources Conservation Act; (ii) by striking out clause 15, (b) . as to the following sections by striking out the word "Minister" whe1'eve1' it occurs and by sub stituting the word "Board": (

i) section 3, (ii)

section 7, subsection (1), (iii)

section 10, (iv)

section 11, subsection (3), (

v) section 12, subsection (3), (vi)

section 18, subsection (2), (vii)

section 19, (viii)

section 20, (ix)

section 21, (

x) section 25, (xi)

section 26, subsection (1), (xii)

section 35, (xiii)

section 43, and (xiv)

section 45, clause (b), (c) . as to the following sections by striking out the word "Department" and by substit'uting the word "Board" : (

i) section 6, subsection (1), (ii)

section 11, subsection (1), (iii)

section 12, subsection (1), (iv)

section 13, subsection (2), (

v) section 17, subsection (1), 'and (vi)

section 18, subsection (1), (

d) by striking out

section 8, (

e) by striking out

section 9, and by substitut'ing the following: 9.

(1) In considering an application, the Board may have regard to the advice of the Gas Utilities Board with respect to any matter that it referred to the Gas Utilities Board.

(2) The Board n1ay make such changes and alter ations in the plan and specifications of a gas line~ oil line or secondary line as it considers expedient.

(12) Amends

chapter 375 of the -Revised Statutes of Alberta 1970. 51.

(1) Amends

chapter 275 of the Revised Statutes of Alberta 1970. This

section comes into force on proclamation and will result in the transfer of the administration of The Pipe Line Act from the Department of Mines and Minerals to the Board.

(/) ~s to

section 18, subsection (2), clause (

a) by strik ~ng (Jut the words "the departn1ental copy" and bu substituting the words "the Board's copy", . (

g) as to

section 21, subsection (2) by striking out the word "he" and by S1.lbstitnting the word "it", (

h) as to

section 35, subsection (1) (

i) by strj-ki1!g out the w(Yrd3 "'he deems" and by subst~tut1,ng the words "it considers" (ii) by striking out the words "]}finister's opinion" and by SUbstituting the wo'rds "Board's opin ion", (

i) as to

section 35, S1.lbsection (2) by strih;ing out thr:, word "he" wherever it occurs and by substituting the word "it", (

j) as to sect'ion 45 by striking out the 1uords "Lieuten "ant Governor in Council" and by substituting the word "Board", (

k) by striking out

section 46, subsection (1) and by substituting the following subsections: 46.

(1) The Lieutenant Governor in Council may from time to time make regulations (

a) governing matters preparatory to or in con nection with the construction or operation of pipe lines, and (

b) to meet any special case that may arise and for which no provision is made in this Act.

(1.1) The Board may establish a tariff of fe€i5 (

a) pertaining to applications, permits and licences, and (

b) pertaining to any service supplied by the Board in connection with sketches, plans, permits and licences. (

l) as to Forms A and C in the

Schedule by gtriking out the words "Department of Mines and :ThIinerals, Edmonton, Alberta" and by substitutinq the wore!,~ "Energy -Resources Conservation Board".

(2) The Gas Utilities Act 1~S a~/~ended by adding ~he fol lowing

section after

section 51: 51.1

(1) The Energy Resources Conservation Board may refer an application under P~.rt 2 of The Pipe Line Act for a permit for a pipe line for the transmission of gas to the Gas Utilities Board for its advice on any matter in connection ""vith the proposed pipe line.

(2) Upon a reference pursuant to subsection (1), the Gas Utilities Board may hold a hearing with regard to any or all of the matters referred to it. 52.

(1) The Coall'lIines Regulation Act is amended (

a) by st1·il;ing out the 'Word "Department" 'Wherever it occurs in the Act and by substituting the 'Word

(2) Amends

chapter 158 of the 'Revised Statutes of Alberta 1970. ~2. OJ Amends

chapter 52 of the Revised Statutes of Alberta 1910. ThIs

section comes into force on proclamation and \vould result in the- transfer of the administration of The Coal Mine;:; Regulation Act from the Department of Mines and Minerals to the Board.

(

b) by striking out the word "1\1inister" wherever 1"t occurs in the Act, except in sect'ion 87, subsection (1) and by substituting the word "Board", (

c) as to

section 2 (

i) by striking out clause 6 and by substitutina the following: 6. "Board" means the Energy Resources Con servation Board constituted under The Energy Resources Conservation Act; (ii) by adding the following clause after clause 7: 7.1 "Central Board" means a Central Board of Examiners appointed under this Act; (iii) by striking out clauses 11 and 27. (d) . .section l; is struck out and the following is sub stituted: (e) (f) (g) (h) (i) 4. The Board may (

a) appoint a Director of Mines, an assistant di rector of mines, district inspectors or assistant district inspectors, all of whom shall be holders of first class certificates, (

b) appoint an electrical inspector who shall be the holder of a first class mine electrician's cer tifica te, and (

c) define the district within which a district in spector or an assistant district inspector is to act. as to sections 10 to 13,

section 75, subsection (2),

section 78, subsection (1), clause (

a) and

section 79, cla'llse (

a) by striking out the word "Board" wher ever it occurs and by substituting the words "Cen tral Board", as to

section 80, subsection (3),

section 82, sub section (1) and

section 85 by striking out the 'Word.'] "in his discretion" wherever they occur and by substituting the wo'rds "in its discretion", as to

section 81, subsection (8),

section 407, sub section (3) and sectio'n 408, subsection (8) by striking out the words "he thinks fit" wherever they occur and by substituting the words "it thinks fit" , as to

section 85 by st'riking out the words "he may" and by substituting the ~uords "it may", as to

section 87, subsect'ion (1) by adding after the wo'rd "l\1inister" the 'words "of l\Iines and l\Iin- erals", (

j) as to

section 398 by striking out subsection (1) alld by substituting the following:

(1) A notice or document required by this Act or the regulations to be served on or sent to the Board or the Director may be (

a) delivered personally, or (

b) sent by prepaid registered letter addressed (

i) if to the Board, to its office in Calgary, or (ii) if to the Director, to him at his office in Edmonton.

(2) The Coroners Act is amended as to

section 17, s'ub sections (4-) and (6) by striking out the words ":Minister of Mines and Minerals" wherever they occur and by sub stituting the -words "Energy Resources Conservation Board".

(3) The Oil and Gas Conservation Act is amended by striking out clause 13 of sect'ion 2, subsection (1) and by substituting the following: 13. "Director of 1vIines" means the Director of :M:ines appointed by the Board;

(4) The Pipe Line Act is amended (

a) as to

section 2, by striking out clause 1.1, (

b) as to

section 30, subsection (1) by striking out the words "of the Department",

(5) The Quarries Regulation Act is amended (

a) as to

section 2 (

i) by striking out clause (

a) and by substituting the following clauses: (a) "Board" means the Energy Resources Conservation Board under The Energy Resources Conservation Act; (a1) "Director of :Mines" means the Di rector of Mines appointed by the Board; (ii) by striking OUI- clause (d), (

b) as to

section 2, clause (b), subclause (iii) and

section 6 subsection (3) by striking o'ut the ?Dord "Ministe;" wherever it occurs and by SUbstituting the word "Board", (

e) a.s to

section 5, subsect'ion (1) by striking out the words "Subject to the provisions of ~he. Public Service Act, the l\1inister" and by substztutmg the words "The Board", (

d) by striking out sect-ion 13 and by SUbstituting the following: 25

(2) Amends

chapter 69 of the Revised Statutes of Alberta 1970. (3) 'Amends

chapter 267 of the Revised Statutes of Alberta 1970.

(4) Amends

chapter 275 of the Revised Statutes of Alberta 1970.

(5) Amends

chapter 305 of the Revised Statutes of Alberta 1970. 25

1.3.

(1) If representation is made to the Board that the holder of a permit issued pursuant to

section 6 has failed to comply with this Act or the regulations or a notice given by an inspector, the Board may cause such inquiry to be made into the representation as in its opinion is proper.

(2) The Board may cancel or suspend a permit held by a person who on such inquiry is found to have failed to comply with this Act or the regula tions or a notice given by an inspector.

(3) The Board may, if it is shown to it to be just to do so, reinstate on such terms and conditions as it thinks fit a permit that has been cancelled or sus pended. 53.

(1) This Act, except sections 51 and 52, comes into force on June 1, 1971.

(2) Sections 51 and 52 come into force on a date or dates to be fixed by Proclamation. 26 Title: 1971 (16th, 4th) Bill 61, The Energy Resources Conservation Act

Document details

Collection	Alberta — Bills
Citation	L16 S4 4899
Type	bill
Volume / chapter	L16 S4 4899
Language	en
Format	json
Source	PROVINCIAL
Identifier	a64f8424b9bad9c9783898ad3836bc18b1b2f519

Source file is stored in the law ingest library (json).