Resources Regulations (N.S. Reg. 178/1985) (just regulations regs PR-PetroleumResources.htm)

N.S. Reg. 178/1985

Nova Scotia — Regulations

Resources Regulations (N.S. Reg. 178/1985) (just regulations regs PR-PetroleumResources.htm)

N.S. Reg. 178/1985

Nova Scotia — Regulations

This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright ©

, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Petroleum Resources Regulations

made under

Section 27 of the

Petroleum Resources Act

R.S.N.S. 1989, c. 342

O.I.C. 85-1180 (effective October 29, 1985), N.S. Reg. 178/1985

amended to O.I.C. 2015-96 (effective April 1, 2015), N.S. Reg. 145/2015

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Definitions

Part I

General

Land division

Exploration licenses

Royalties

Goods and services

Information reporting

Inspection

Force majeure

Recording and transfer

Surrender, termination and cancellation

Part II

Application

Exploration agreements

Exploration agreement renewal

Drilling renewal

Development programs

Lease

Regulation of production and marketing

Information

Confidentiality

Part III

Work approval

Coal gas exploration agreement

Coal gas production agreement

Information reporting requirements

Confidentiality

Schedule I—Fees and Rentals

Form A - Application for a Petroleum Exploration License

Form B - License to Explore for Petroleum

Form C - Application for a Petroleum Exploration Agreement

Form D - Notice of Transfer

Form E - Application for a Coal Gas Exploration Agreement

Form F - Application for a Coal Gas Production Agreement

1 These regulations may be cited as the Petroleum Resources Regulations .

Definitions

(1) In these regulations

(a) “Act” means the Petroleum Resources Act ;

(b) “agreement holder” means, collectively, the interest holders in an exploration

agreement;

(c) “delineation well” means a well that, in the opinion of the Minister, is located

in such a manner that there is a reasonable expectation that it will intersect

another portion of a petroleum accumulation penetrated by a prior well drilled

in the geologic structure;

(d) “development well” means a well that, in the opinion of Minister, is located in

relation to another well or wells for the purpose of production, or observation,

or for the injection or disposal of fluid into or from an accumulation of

petroleum;

(e) “emergency conditions” means circumstances which may constitute a hazard

to life or property, or which may result in personal injury or damage to the

environment;

(f) “exploration agreement” means an agreement entered into pursuant to

Section

14 of the Act to explore for petroleum and includes an agreement entered into

pursuant to

Section 16 of the Act to explore for coal gas;

(g) “exploration well” means a well that is drilled to a depth greater than ninety

meters for the purpose of petroleum exploration;

(h) “interest holder” means any person or partnership, as defined in the

Partnerships and Business Names Registration Act , having an interest

pursuant to any right;

(i) “lands” means Nova Scotia lands to which the Act applies;

(j) “lease” means a production lease granted pursuant to the Act and includes a

coal gas production agreement;

(k) “lessee” means a holder of a lease whether or not production has commenced;

(l) “licensee” means a holder of an exploration license;

(m) “production facilities” means production equipment at a field site and includes

separating, treating, processing and support facilities;

(n) “representative” means a person designated pursuant to

Section 3;

(o) “right holder” means, collectively, the interest holders in a right.

(2) The

definitions contained in the Act apply to these regulations except where the

context otherwise requires.

Part I

General

(1) Every right holder shall designate a representative acceptable to the Minister.

(2) A designated representative shall have sole responsibility on behalf of the right

holder for

(

a) corresponding with the Minister and the Department of Mines and Energy;

(

b) the payment of any monies payable on behalf of the right holder to the

Province;

(

c) the distribution of any monies refunded by the Province to the right holder;

(

d) renegotiation of an exploration agreement, for surrender of lands, and any

other obligation under an agreement on behalf of the agreement holder; and

(

e) such other duties as may be specified in the right.

(3) In the event that a right holder fails to appoint a representative, the Minister may

designate one of the interest holders as the representative.

(4) A right holder and any interest holder shall be jointly and severally liable for the

acts or omissions of the appointed or designated representative with respect to any

matter to which the authority of the representative extends.

Land division

(1) Maps shall be prepared by and kept at the office of the Registrar.

(2) Such maps shall be the only official depiction of rights.

(3) The maps shall be drawn to the following specifications:

(

a) east and west boundaries shall be true meridians of longitude;

(

b) north and south boundaries shall be straight lines, parallel to the chord of one-half of the part of the parallel of latitude that represents the boundary of each

map sheet;

(

c) the angle of intersection of each chord on either side of the median meridian

of longitude for each map sheet shall be ninety degrees.

(4) Each map shall depict an area bounded by thirty minutes of longitude and fifteen

minutes of latitude.

5 Each map shall be called a “map sheet”.

(1) The lands represented by each map sheet shall be considered as subdivided into

four quarters, by median lines corresponding to the median longitude and latitude

lines of the map sheet.

(2) Each of the four quarters thus produced shall be lettered as shown in the following

Figure 1:

62°30'

North

62°00'

46°00'

West

45°45'

46°00'

East

45°45'

62°30'

South

62°00'

Figure 1

Standard Map Sheet

Showing Reference Maps

(3) Each quarter shall be called a “reference map”.

(1) The lands represented by each reference map shall be considered as subdivided

into one hundred and eight tracts.

(2) Each tract shall be deemed to contain two hundred and fifty-nine hectares.

(3) The one hundred and eight tracts so determined shall be numbered as shown in the

following Figure 2:

62°15'

North

62°00 '

45°52'30"

West

45° 45'00"

45°52'30"

East

45° 45'00"

62°15'

South

62°00 '

Figure 2

Reference Map Showing Tracts

(1) Each reference map shall also be divided into six equal units.

(2) Each unit shall be called a “reservation” which shall consist of eighteen tracts.

(3) Each reservation shall be deemed to contain four thousand six hundred and sixty-two

hectares.

(4) Each reservation shall be designated as shown in the following Figure 3:

62°15'

North

62°00 '

45°52'30"

West

45°45'00"

45°52'30"

East

45°45'00"

87 W 88

93 V 94

58 T 57

55 A 54

52 U 51

15 S 16

21 R 22

62°15'

South

62°00 '

Figure 3

Reference Map Showing Reservations

(1) Each tract shall be subdivided into sixteen equal units.

(2) Each unit shall be called a “section” and shall be lettered as shown in the following

Figure 4:

North

45 o 45'50"

West

45 o 45'00"

45 o 45'50"

East

45 o 45'00"

62 o 01'15"

South

62°00'00"

Figure 4

Tract Showing Sections

(3) Each

section shall be deemed to contain sixteen point one eight seven five

hectares.

10 All rights shall be defined and described in terms of the divisions of land prescribed

herein.

(1) All boundaries shall extend downward vertically without limit.

(2) All surface measurements shall be horizontal.

Exploration licenses

(1) Any person may apply for an exploration license by submitting an application in

Form A to the Minister.

(2) Every application shall include a statement setting out the extent and character of

the exploration to be carried out, including

(

a) the location of the proposed exploration;

(

b) the type of exploration;

(

c) the equipment to be used to carry out the exploration; and

(

d) the dates during which it is anticipated that the exploration will be carried out.

(3) The applicant shall notify the Minister forthwith of any changes in the information

included in the statement.

(1) Every exploration license shall contain a description of the lands to which it

applies.

(2) The exploration license may be in the form set out as Form B.

(1) No licensee shall disrupt or interfere with any activities performed pursuant to any

other right.

(2) Where the Minister is of the opinion that a licensee is in breach of the requirements

of subsection (1), the Minister may, at any time, order the licensee to terminate or

modify his exploration program in such manner or to such extent as the Minister

may deem necessary.

(3) Every licensee shall report to the Minister the location of the exploration, the

equipment used, and personnel to be employed in the exploration, at such intervals

and upon such terms as specified in the license.

(4) Subject to subsection (5), every licensee shall deliver to the Minister, within sixty

days of the end of the term of his exploration license or such greater period as the

Minister may allow, copies of all data obtained pursuant to the program of

exploration.

(5) Every licensee shall deliver to the Minister, within six months of the end of the

term of his license or such greater period as the Minister may allow, copies of all

seismic data and

interpretations thereof obtained pursuant to the program of

exploration.

(6) No licensee shall drill a well to a depth greater than ninety metres.

(7) Every licensee shall notify the Minister of the completion of the exploration

program undertaken pursuant to his license.

15 Every licensee shall notify the Minister prior to the commencement of a seismic

exploration to be undertaken pursuant to his exploration license.

16 The Minister may amend an exploration license at the request of the licensee.

Royalties

17 It shall be, and shall be deemed to be, a term of every lease that all petroleum produced

under the authority of the lease is subject to such royalties payable to the Province in the

nature and amount as may be prescribed from time to time.

(1) Where a lessee consists of two or more interest holders

(

a) each holder is liable for the royalty in respect of the petroleum production

imputable to his share;

(

b) the royalty shall be collected and remitted on behalf of the holders by the

representative;

(

c) the representative shall file such consolidated returns as the Minister directs in

respect of each holder liable for royalty; and

(

d) all the holders shall provide that representative with the information necessary

to file the returns.

(2) Notwithstanding subsection (1), the Minister may audit an interest holder or may

require him to file such reports as may be specified from time to time.

(3) The Minister may, in any particular case, make an order determining the fair

market value of petroleum for the purposes of the calculation of a royalty.

(4) No royalty is payable for petroleum that

(

a) is consumed for drilling, producing, extracting, testing or treating purposes

within the lands under the production lease; or

(

b) is injected into a formation for conservation purposes in accordance with good

oilfield practice.

(5) Unless the Minister otherwise orders, no royalty is payable for petroleum that is

consumed for the operation or maintenance of production facilities, or that is

flared, vented or otherwise destroyed.

(6) The Governor in Council may suspend or reduce any royalty payable for such

periods, by such amounts, and subject to such conditions as may be specified in

any case where the Governor in Council is of the opinion that such suspension or

reduction would enable production of petroleum to be commenced or continued

for a longer period or would facilitate the implementation of conservation

measures.

(7) The Minister may order that all or part of any royalty be paid in kind or in money

in a form acceptable to the Minister.

(8) The amount of any royalty required to be paid in money shall be paid as follows:

(

a) for coal gas extracted from the Donkin coal block, as defined in the Donkin

Coal Block Development Opportunity Act (Canada), at the same time intervals

prescribed in the Mineral Resources Act for payment of royalties on coal;

(

b) for all other petroleum, on or before the twenty-fifth day of the month next

following the month of production.

(9) The amount of any royalty required to be paid in kind shall be delivered in kind at

the time and place specified by the Minister and in condition and quality

acceptable to the Minister.

(10) Where a royalty has not been paid when due, the interest holder is liable for

interest on the amount outstanding at an annual rate of eighteen percent.

(11) The Minister may require a lessee to furnish bonds in a form satisfactory to the

Minister in such amounts as the Minister considers appropriate to ensure

performance of obligations with respect to royalty.

(12) The provisions of Sections 46 and 47 shall apply mutatis mutandis to a bond given

under subsection (11).

19 All fees, rentals, royalties, accrued interest and other amounts due and owing to the

Crown under the Act and these regulations may be recovered by the Crown as a debt in

any court of competent jurisdiction.

Goods and services

(1) Every reference to goods in these regulations includes significant structures and

construction, plant, equipment, and all other facilities required by a right holder in

the exploration, development, production, transportation, processing, and

marketing of petroleum.

(2) In acquiring goods and services for work relating to the exercise of his right, every

right holder shall make all reasonable attempts to utilize

(

a) services provided from within Nova Scotia; and

(

b) goods manufactured in Nova Scotia or where not so manufactured, provided

from within Nova Scotia

but only if such goods and services are competitive in terms of fair market price,

quality and delivery.

21 In hiring employees and independent contractors, every right holder shall make all

reasonable attempts to hire qualified persons normally resident in Nova Scotia.

22 Every right holder shall require and ensure that his contractors and main subcontractors

similarly comply with the provisions and requirements specified in Sections 20 and 21.

23 Nothing in these regulations relieves the right holder, his contractors, and main

subcontractors of responsibility for the selection of employees, independent contractors,

goods, services and suppliers.

Information reporting

24 Every lessee and, upon commencement of drilling operations, every agreement holder

shall create and maintain an establishment in Nova Scotia where the representative

(

a) can be reached during normal business hours;

(

b) shall keep at least one copy of all information and samples of all material

obtained or recovered from the lands held under exploration agreement or

production lease, including well cuttings, core material, fluid samples and

production records, as required from time to time by the Minister;

(

c) shall keep at least one copy of all reports and records directly related to the

exercise of his right;

(

d) shall ensure that during normal business hours there shall be at least one

individual qualified to assist the Minister; and

(

e) is in continuing contact with the activities under the right and with all

participating persons responsible for the obligations contained in the right.

25 Any person having reason to believe that an emergency condition exists, or is likely to

occur, shall inform the Minister forthwith.

26 Every right holder shall forthwith inform the Minister of any discovery of petroleum, coal,

minerals or other valuable substance.

27 Every right holder shall submit to the Minister any information obtained as a result of the

exercise of his right which is of importance to the understanding or safety of the

environment, renewable resources, geology or history.

28 Volumes of petroleum shall be reported at surface conditions [of] 15 o Centigrade and 1

atmosphere pressure.

29 Every right holder shall use due diligence and care to ensure that the information

submitted to the Minister is not misleading, false or incomplete.

Inspection

30 Every right holder shall allow the Minister to inspect anything done in relation to the

exercise of his right and shall assist the Minister in so doing.

31 The Minister may intervene directly in the exercise of the rights of a right holder and may

take all necessary measures, including ordering a permanent or temporary halt to any

activities, where in the opinion of the Minister the exercise of the right

(

a) could cause serious injury or death to any person;

(

b) is causing or may cause serious damage to the environment, natural resources

or property;

(

c) is not managed in accordance to good oilfield practice; or

any order or direction of the Minister.

Force majeure

(1) Where, in the opinion of the Minister, there exists

(

a) an environmental or social problem of a serious nature;

(

b) dangerous or extreme weather conditions affecting the health or safety of

people or the safety of equipment; or

(

c) any other special circumstance

which necessitates the prohibition or restriction of work or activity on any lands,

the Minister may extend the term of a right or the period provided for performing

an obligation in relation to a right, or diminish, moderate or cancel any obligation

or requirement in relation to a right.

(2) For the purpose of subsection (1), special circumstances shall not include any

prohibition or restriction of work due to the right holders’ financial difficulties or

lack of funds.

Recording and transfer

(1) Every right and interest in a right shall be recorded in the office of the Registrar.

(2) Where an interest holder sells, transfers, assigns or otherwise disposes of a right or

interest in a right, the interest holder shall give notice forthwith to the Minister in

Form D of the sale, transfer, assignment or other disposition.

(3) Information submitted pursuant to subsection (2) shall be held in confidence by the

Minister.

(4) The Minister may consent to a sale, transfer, assignment, or other disposition of a

right or interest in a right.

(5) No sale, transfer, assignment, or other disposition of any right or interest in a right

shall be of any effect unless

(

a) duly consented to by the Minister;

(

b) three copies of Form D, completed by the parties to the sale, transfer,

assignment or other disposition, are submitted to the Registrar together with

the required fee; and

(

c) the Registrar has duly recorded a copy of the document specified in clause (b).

(6) The Registrar shall not record any sale, transfer, assignment, or disposition of a

right or interest in a right covering land comprising less than one section.

(7) No right or interest in a right shall, as against any person claiming for valuable

consideration and without notice under any subsequent sale, transfer, assignment or

disposition affecting that right or interest, be valid or effective unless notice of the

sale, transfer, assignment or disposition or approved

summary thereof is recorded

in the manner prescribed in this

Section before the recording of such subsequent

sale, transfer, assignment or disposition of the right or interest.

(8) The recorded documents or photographic copies thereof shall be open for

inspection by the public on payment of the prescribed fee between the hours of ten

o’clock in the forenoon and four o’clock in the afternoon every day excepting

Saturday, Sunday and statutory holidays.

Surrender, termination and cancellation

(1) A licensee may surrender his license or any portion thereof provided he has paid

full compensation for all damage to persons, property or the environment resulting

from, or that may result from, the exercise of the rights under his exploration

license.

(2) An agreement holder or lessee may apply to the Minister to surrender his right or

any portion of the lands thereunder provided he has paid all penalties, royalties,

taxes and other levies and has paid full compensation for all damage to persons,

property or the environment resulting from, or that may result from, the exercise of

his right.

(3) The Minister may accept the surrender of a right where he is satisfied that the

applicable conditions of subsections (1) and (2) have been met.

35 Where the Minister proposes to cancel a right, he shall give the right holder at least thirty

days written notice stating in full the reason for the proposed cancellation and the right

holder shall, within thirty days from the receipt of such notice, correct or commence to

correct to the satisfaction of the Minister the cause of the proposed cancellation.

36 The Minister may, with the approval of the Governor in Council, cancel a right

(

a) if in the opinion of the Minister the right holder repeatedly or seriously fails to

comply with an obligation under the Act, the regulations, the Energy

Resources Conservation Act , regulations made thereunder, or his right and has

not complied with a notice given pursuant to

Section 35; or

(

b) if the right holder becomes insolvent, or is declared bankrupt or commits an

act of bankruptcy.

37 Where a lease is cancelled, the Minister may require the lessee to transfer to the Province

or its nominee at no cost and in good working order any such production and

transportation facility which in the opinion of the Minister is used or useful for the

production of petroleum under the lease.

Part II

Application

38 This Part does not apply to the exploration for, or the development and production of coal

gas.

Exploration agreements

39 The Minister may give notice in the Royal Gazette and in such other manner as he

considers appropriate that he will receive suggestions for specific lands to be included in

future calls for exploration proposals.

(1) The Minister may publish a call for exploration proposals for such lands as are

specified in the call.

(2) The call shall be published in the Royal Gazette, and in such other publications as

the Minister considers will best advertise the call, not less than sixty days prior to

the last date for submission of proposals.

(1) The call shall include

(

a) a description of the lands to be explored;

(

b) the manner of submitting the proposals;

(

c) the last date for submission of proposals; and

(

d) the criteria by which the Minister will evaluate the proposals.

42 An applicant for an exploration agreement shall submit to the Minister a proposal in Form

C and a statement setting out

(

a) information sufficient to enable the Minister to judge the technical capability

of the applicant and the applicant’s experience in the exploration, production

and transportation of petroleum, including the applicant’s past experience in

Nova Scotia or in other areas that pose similar technical problems;

(

b) information sufficient to enable the Minister to judge the financial capability

of the applicant; and

(

c) the address of the applicant.

43 The Minister may at any time require an applicant for an exploration agreement to submit

such further technical or financial information as is necessary to enable the Minister to

judge the proposal submitted by the applicant, but no applicant shall otherwise revise the

contents of his proposal without leave of the Minister.

(1) The Minister shall, within ninety days of the date by which the proposals were

required to be submitted, select a proposal or reject all proposals on the basis of the

criteria established in the call for proposals.

(2) Where the Minister has selected a proposal, he shall, subject to subsection (1) of

Section 46, enter into an exploration agreement with the applicant who submitted

appropriate.

45 Where

(

a) no proposal has been submitted;

(

b) no proposal has been selected; or

(

c) where the Minister considers that a call is not advisable,

the Minister may enter into an exploration agreement with any person upon such terms

and conditions as the Minister may deem appropriate.

(1) The Minister may require any person with whom he intends to enter into an

exploration agreement to furnish bonds in a form satisfactory to the Minister in

such amounts as the Minister may deem appropriate to ensure performance of

obligations under the Act, these regulations and the exploration agreement.

(2) The bond shall be forfeited in whole if the agreement holder does not fulfil the

obligations for which the bond is posted.

(3) The forfeiture of the bond shall not impair or otherwise affect the rights of the

Province under the Act, these regulations and exploration agreement.

(4) An agreement holder may apply to the Minister for reduction of the amount of the

performance bond and, upon being satisfied that the holder has, since being

granted the exploration agreement, or since the date of a previous bond reduction,

fulfilled a portion of his exploration program and that the portion has a certain

value, the Minister may authorize the amount of bond to be reduced by such

amount as the Minister considers appropriate.

47 The Minister may return the performance bond where

(

a) in the opinion of the Minister a failure to fulfil the obligations under an

exploration agreement is the result of technical difficulties beyond the

agreement holder’s control despite adherence to good oilfield practices;

(

b) further performance under an exploration agreement would not be reasonable

in the Minister’s opinion; or

(

c) the obligations for which the bond is posted have been performed to the

satisfaction of the Minister.

48 Subject to the Act and regulations, an exploration agreement may be amended by the

mutual consent of the Minister and the agreement holder.

49 An agreement holder shall deliver to the Minister annually within sixty days after the

anniversary date of the exploration agreement

(

a) a progress report including

interpretations based on work conducted;

(

b) two copies of all information and data obtained pursuant to the program of

exploration; and

(

c) a statement of expenditures, verified by statutory declaration, setting forth the

items of expenditures and the specific purpose for which each item of

expenditure was made.

Exploration agreement renewal

(1) Subject to subsections (2) and (3), where an agreement holder has complied with

all statutory and contractual provisions and conditions of his exploration

agreement, the Minister shall, subject to those provisions and conditions of such

exploration agreement, renew the agreement for a succeeding three year term or

such shorter term as the holder may request.

(2) The Minister shall not renew an exploration agreement for more than two

successive terms.

(3) In no instance shall the aggregate of the terms, including renewals thereof, of an

exploration agreement exceed nine years.

Drilling renewal

51 Notwithstanding

Section 50, an exploration agreement shall be renewed for such period

as the Minister deems is required to complete and appraise a well which is drilling at the

time of expiry of a term of the exploration agreement, and any such renewal shall be

deemed to extend the term of the exploration agreement which, but for this Section,

would have expired.

Development programs

(1) An applicant for a lease shall submit a development program to the Minister which

shall include

(

a) the tracts of lands to which the development program applies;

(

b) general descriptions of lands sufficient to identify any surface rights the

applicant proposes to acquire in order to carry out commercial production;

(

c) the name and address of the occupiers and owners, so far as they can be

ascertained, of

(

i) lands referred to in clause (b),

(ii) lands adjacent to those lands;

(

d) the address of the applicant;

(

e) where the applicant is a company

(

i) the names of the directors of the company, and

(ii) the names of the senior managers of the company;

(

f) an estimate of the proven, probable, and possible reserves of the lands;

(

g) a description of the reservoir characteristics and other geological data

regarding the lands;

(

h) a description of the techniques and equipment by which it is proposed the

petroleum will be produced and the predicted recovery factor;

(

i) a projection of the production levels over the period of commercial production

of the lands;

(

j) a description of techniques and equipment by which petroleum will be

marketed;

(

k) an impact statement describing the possible environmental, economic and

social effects of the proposed program including a description of the existing

biological and renewable resource systems;

(

l) a description of the technical and economic feasibility of alternate methods of

development and production;

(

m) a description of the applicant’s plan to minimize any environmental or other

damage; and

(

n) any other information the Minister may require.

(2) No person other than an agreement holder shall submit a development program

pursuant to this Section.

53 The Minister shall, within thirty days of his receipt of a development program, give notice

in the Royal Gazette and at least two newspapers of major circulation in the Province that

a development program has been presented to him for his approval.

(1) The Minister shall approve the development program unless the Minister is of the

opinion that

(

a) the technology of petroleum production that the applicant proposes to use is

not safe;

(

b) the development program does not comply with an enactment of the Province;

(

c) the applicant’s costs of development and production are significantly higher

than the costs normally incurred by lessees using good oil field practices in

similar operating environments;

(

d) the development program will not result in the optimum recovery of the

resource;

(

e) the development program is not adequately detailed to enable the Minister to

either reject or accept the development program; or

(

f) the development program is not in the best interests of the people of Nova

Scotia.

(2) Subject to subsection (1), the Minister may approve the development program in

principle subject to compliance with such conditions as he deems appropriate.

(3) The Minister may only reject a development program on the basis of the criteria set

out in subsection (1) and such rejection shall not affect the right of the applicant to

submit another development program.

55 Where the Minister makes no decision to approve, or to approve in principle, or to reject

a development program within one hundred and eighty days of receipt of the proposal, or

last revision thereof, the proposal shall be deemed to be approved.

(1) Where the Minister rejects a development program, he shall, within thirty days of

the rejection, provide the applicant with written reasons for the rejection.

(2) With leave of the Minister, the applicant may submit a revised development

program for reconsideration on the basis of the criteria set out in subsection (1) of

Section 54.

(1) Notwithstanding

Section 50, where a development program is under consideration

by the Minister and the term of the exploration agreement in respect of the lands to

which the development program applies is about to expire, the term shall be

renewed for the period during which the development program is under

consideration by the Minister and, if the development program is approved or

approved in principle, until a lease is issued to the applicant.

(2) Notwithstanding

Section 50, where

(

a) the Minister has given leave pursuant to subsection (2) of

Section 56; and

(

b) the term of the exploration agreement is about to expire,

the term shall be renewed for a maximum of one hundred and eighty days or until

a revised development program is presented by the applicant for approval,

whichever occurs first.

Lease

58 The Minister shall not grant a lease to any person other than an applicant under subsection

(1) of

Section 15 of the Act.

59 The lessee shall diligently perform his approved development program.

60 The Minister may, upon application by a lessee, approve changes in the development

program.

61 The lessee shall, upon request by the Minister, surrender the lease, whether production

has commenced or not if, in the opinion of the Minister, he has failed to diligently

perform the approved development program.

62 Any part of lands held under an exploration agreement and not leased shall continue

under the exploration agreement according to the terms of the exploration agreement.

(1) All petroleum produced under the authority of a lease is subject to, and each lessee

is liable for and shall pay to the Province, a royalty of ten percent of the petroleum

that is produced in each month.

(2) Royalty shall be based on the fair market value of petroleum at the wellhead.

(3) In determining the royalty to be paid on any petroleum other than oil, there shall be

deducted an allowance for the cost of processing or separation as determined in

any particular case by the Minister.

Regulation of production and marketing

64 Notwithstanding

Section 63, no royalty shall be calculated or paid under these regulations

with respect to any oil or gas that is produced from the first lease that is granted with

respect to lands subject to an exploration agreement, for a period of two years from the

date of commencement of the lease.

65 During the term of the lease or any renewal thereof, the lessee shall submit to the

Minister, upon request, forecasts of production from the leased lands in the form and

manner specified.

66 Unless the Minister otherwise directs, a lessee may use any petroleum produced from his

leased lands in his operations in the leased lands or may reinject such petroleum into the

reservoir.

67 Except in emergency conditions, a lessee shall not flare or destroy any petroleum

produced without the prior written approval of the Minister and upon such terms and

conditions as the Minister may consider appropriate.

68 The Minister may from time to time designate the type of instruments and methods used

in the determination of the volumes of petroleum produced by the lessee and may test

such instruments and methods from time to time.

69 The transportation of petroleum by the lessee shall be subject to all applicable laws of the

Parliament of Canada and laws of Nova Scotia.

70 It shall be deemed a term of every lease that the Minister may, upon six months written

notice, prohibit the removal of petroleum from Nova Scotia where an equivalent market

for such petroleum for Nova Scotian consumption, refining, further processing or storage

exists or is projected to exist, unless a contract for the removal of such petroleum has

been approved by the Minister in writing prior to such notice.

Information

(1) Unless otherwise specified herein or in the right, every right holder shall submit to

the Minister in a form acceptable to he Minister the following data and information

at the following intervals:

(

a) within sixty days after the anniversary date of such right

(

i) annual progress reports,

(ii) geological and geophysical data and

interpretations as requested,

(iii) reports of all surveys not referred to in subclauses (

i) and (ii) that were

conducted in the lands subject to the right, and

(iv) a statement of expenditures; and

(

b) upon the abandonment, suspension or completion of a well, a complete well

history report, including rock cutting samples and description thereof, gas and

fluid samples, core and any other data as is specified in his right.

(2) The geological data referred to in subclause (ii) of clause (

a) of subsection (1) shall

include

(

a) copies of all aerial photographs taken by the right holder; and

(

b) a geological report of any area investigated, including geological maps, cross-sections, stratigraphic, and structural data.

(3) The geophysical data referred to in subclause (ii) of clause (

a) of subsection (1)

shall include

(

a) where a gravity survey has been conducted, maps showing

(

i) the location and ground elevation of every station,

(ii) the final corrected gravity value at each station,

(iii) the gravity contours drawn on the gravity values, and

(iv) the boundaries of the land subject to the right;

(

b) where a seismic survey has been conducted, maps on a scale of not less than

1:50 000 showing

(

i) the location and ground elevation of each shot hole,

(ii) the corrected time value at each shot for all horizons determined during

the course of the survey,

(iii) contours and isochrons drawn on the corrected values with a contour

value of not more than thirty metres of the equivalent in time, and

(iv) the boundaries of the lands subject to the right;

(

c) where a magnetic survey is conducted, maps showing

(

i) the location of the flight lines,

(ii) the magnetic contour lines at intervals of 10 gamma, and

(iii) the boundaries of the land subject to the right.

Confidentiality

(1) All data and information submitted pursuant to these regulations and pertaining to

the exploration, development or production of petroleum shall be kept confidential

by the Minister

(

a) in respect of factual and interpretive geological, geochemical and

photogeological data and information, for a period of three years following its

filing with the Minister;

(

b) in respect of factual and interpretive geophysical data and information, for a

period of five years following the field acquisition of such data;

(

c) in respect of information and data relating to the prognosis, drilling and

completion of an exploration well, for a period of two years following the

completion or abandonment of the well;

(

d) in respect of information and data relating to a development or production

well, for a period of one year following completion or abandonment of the

well.

(2) Subsection (1) does not apply to

(

a) information and data relating to environmental or social matters, which shall

not be kept confidential for any period of time;

(

b) information and data that has a period of confidentiality which is provided for

elsewhere in these regulations or by any other enactment; and

(

c) information, access to which is provided for pursuant to these regulations or

the Act.

(3) Notwithstanding subsection (1), the Minister may at any time

(

a) publish reports and summaries in general form based on geological, economic

or technical information and data submitted by a right holder;

(

b) publish detailed reports of any blowout, accident or other occurrence resulting

in personal injury or damage to the environment and need not keep

confidential any information and data used in preparing such report;

(

c) divulge to any right holder any information or data which he considers may

help prevent a blowout, accident or other occurrence resulting in personal

injury or damage to the environment;

(

d) release general topographic information, legal surveys and elevations of well

locations, the current depths of wells, and the current status of wells; or

(

e) release any other information with the consent of the right holder.

Part III

73 This Part applies to coal gas only.

74 In this Part

(a) “coal gas exploration agreement” means an agreement entered into pursuant

to subsection (2) of

Section 16 of the Act to explore for and develop coal gas

on specified lands;

(b) “coal gas production agreement” means an agreement entered into pursuant to

subsection (2) of

Section 16 of the Act to produce coal gas on specified lands;

(c) “coal rights” means any right to explore, work, mine or produce coal existing

in its natural condition in strata;

(d) “development program” means a plan for development and production of coal

gas from the lands subject to a coal gas production agreement;

(e) “drainage hole” means a boring or other opening made from a coal mine into

an underground formation for the purpose of draining or venting coal gas;

(f) “surface outlet” means the point where coal gas is brought to the surface and

includes a wellhead;

(g) “well” means a boring or other opening made from a surface location into an

underground formation;

(h) “work program” means a plan for the exploration and evaluation of the coal

gas potential of the lands subject to a coal gas exploration agreement and

without restricting the generality of the foregoing may include

(

i) geophysical activity and exploratory drilling to be conducted on the

lands subject to the coal gas exploration a agreement,

(ii) experimental recovery schemes and pilot projects carried out on the

lands subject to the coal gas exploration agreement, and

(iii) research and development work performed in the Province in relation to

coal gas.

Work approval

75 A right holder shall obtain the approval of the Minister prior to commencing drilling,

stimulation or fracturing of a well on the lands subject to his right.

Coal gas exploration agreement

(1) Any person may apply for a coal gas exploration agreement by submitting an

application in Form E to the Minister.

(2) Every application for a coal gas exploration agreement shall include

(

a) a work program;

(

b) a description of the lands for which application is made;

(

c) a description of the anticipated geological and technical effects of the work

program on right holders or coal rights holders;

(

d) a description of the work which will be carried out on the lands;

(

e) a description of the equipment to be used to carry out the work program;

(

f) the proposed starting date and duration of the work program;

(

g) any other information requested by the Minister.

(3) The applicant shall notify the Minister forthwith of any changes in the information

included in his application.

(1) Within sixty days of receiving an application for a coal gas exploration agreement,

the Minister shall, if he has not already done so, publish a notice in the Royal

Gazette and any other publications he considers appropriate calling for the

submission of competing applications in respect of the lands applied for pursuant

Section 76.

(2) The Minister shall consider all applications he receives in respect of the lands

described in the notice required by subsection (1) and, not less than sixty days

following publication of the notice, may enter into a coal gas exploration

agreement with the applicant who, in the Minister’s opinion, submitted the

application which will maximize both the general public benefit and the

exploration and evaluation of the coal gas potential of the lands subject to the

agreement.

78 Every coal gas exploration agreement shall include

(

a) a description of the lands to which it applies;

(

b) the work program that the agreement holder shall carry out during the term of

the agreement;

79 A coal gas exploration agreement confers upon the agreement holder the right to explore

for coal gas on the specified lands and the exclusive right to apply for a coal gas

production agreement for those lands.

79A Where the holder of a coal gas exploration agreement also holds a special lease for coal

granted under

Section 22 of the Mineral Resources Act , and where the Minister permits,

the coal gas exploration agreement confers upon the agreement holder the exclusive right

to explore for coal gas on the specified lands and the exclusive right to apply for a coal

gas production agreement for those lands.

80 The Minister may authorize an agreement holder to produce coal gas for experimental or

coal gas which is produced.

81 The term of a coal gas exploration agreement shall be for such period, not exceeding five

years, as is specified in the agreement.

82 Notwithstanding

Section 81, where, prior to the expiration of the term of a coal gas

exploration agreement, the drilling of any well has been commenced on any lands subject

to the agreement, the term of the agreement shall be extended for so long as the drilling of

that well is being pursued diligently and for so long thereafter as may reasonably be

required to test and evaluate the well, but in no case shall the term be extended more than

ninety days beyond its expiry.

83 Notwithstanding

Section 81, where an agreement holder has complied with all statutory

and contractual provisions and conditions of his coal gas exploration agreement, the

Minister may renew the agreement for a succeeding term of not more than five years.

83A

(1) Notwithstanding Sections 81 and 83, but subject to subsection (2), the Minister at

any time may renew a coal gas exploration agreement for not more than two

successive terms of not more than six years each where the agreement holder

(

a) also holds a special lease for coal granted under

Section 22 of the Mineral

Resources Act ; and

(

b) has complied with all statutory and contractual provisions and conditions of

(

i) the coal gas exploration agreement, and

(ii) the special lease referred to in clause (a).

(2) A renewal of a coal gas exploration agreement granted under

Section 83 before the

coming into force of this

Section counts as one of the two renewals that may be

granted under subsection (1).

83B On renewing a coal gas exploration agreement under

Section 83A, the Minister may do

any of the following:

(

b) accept a work program or its equivalent that was created for the agreement

holder’s special lease for coal as a substitute for a work program required by

clause 78(b).

(1) It shall be and shall be deemed to be a term of every coal gas exploration

agreement that the Minister may, in the interests of resource conservation or mine

safety, amend or suspend the coal gas exploration agreement without compensation

to any person where activities pursuant to that coal gas exploration agreement may

adversely affect the activities of a coal rights holder and, without limiting the

generality of the foregoing, the Minister may by order

(

a) revise the work program so as to prevent interference with the activities of the

coal rights holder;

(

b) require that the coal gas exploration agreement holder obtain the written

approval of the Minister prior to undertaking or continuing any work or

activity specified in the order;

(

c) declare that certain lands specified in the order are no longer subject to the

coal gas exploration agreement and that those lands are deemed to have been

surrendered by the agreement holder.

(2) Every order pursuant to subsection (1) shall be made in accordance with

Section

21 of the Act.

Coal gas production agreement

(1) Subject to the rights of the holder of a coal gas exploration agreement, any person

may apply for a coal gas production agreement by submitting an application in

Form F to the Minister.

(2) Every application for a coal gas production agreement shall include a development

program to be carried out on the lands described in the application including

(

a) the tracts of lands to which the development program applies;

(

b) general land descriptions sufficient to identify any surface rights the applicant

proposes to acquire in order to carry out commercial production;

(

c) the name and address of the occupiers and owners, so far as they can be

ascertained, of

(

i) lands referred to in clause (b),

(ii) lands adjacent to those lands;

(

d) the address of the applicant;

(

e) where the applicant is a company

(

i) the names of the directors of the company, and

(ii) the names of the senior managers of the company;

(

f) an estimate of the proven, probable, and potential coal gas reserves of the

lands;

(

g) a description of the coal deposit characteristics and other geological data

regarding the lands;

(

h) a description of the techniques and equipment by which it is proposed the coal

gas will be produced and the estimated recovery factor;

(

i) a projection of the production levels over the period of commercial production

of the lands;

(

j) a description of techniques and equipment by which coal gas will be

marketed;

(

k) an impact statement describing the possible environmental, economic and

social effects of the proposed development program including a description of

the existing biological and renewable resource systems;

(

l) a description of the technical and economic feasibility of alternate methods of

development and production;

(

m) a description of the applicant’s plan to minimize any deleterious

environmental effects including a contingency plan for environmental

emergencies;

(

n) an impact statement describing the possible effects the proposed development

program will have on coal mines and coal deposits; and

(

o) any other information the Minister may require.

(3) The applicant shall notify the Minister forthwith of any changes in the information

included in his application.

86 Where the Minister receives an application for a coal gas production agreement in respect

of lands which are not subject to a coal gas exploration agreement, he shall, if he has not

already done so, within sixty days of receiving the application publish a notice in the

Royal Gazette and any other publications he considers appropriate calling for the

submission of competing applications in respect of the lands described in the application.

87 The Minister shall consider all applications he receives in respect of the lands described in

the notice required by

Section 86 and, not less than ninety days following the publication

of the notice, may enter into a coal gas production agreement with the applicant who, in

the Minister’s opinion, submitted the application which will result in the optimum

development, production and conservation of the resources of the Province and all other

applications shall be rejected.

(1) Where the Minister fails to enter into a coal gas production agreement within one

hundred and eighty days following publication of the notice referred to in

Section

86, all applications shall be rejected.

(2) Where the Minister rejects an application for a coal gas production agreement, he

shall, within thirty days of the rejection, provide the applicant with written reasons

for his decision.

(1) Where all applications have been rejected, an applicant whose application has been

rejected may submit a revised application within sixty days of receipt of the

Minister’s reasons for his decision.

(2) The Minister shall either enter into a coal gas production agreement or reject a

revised application for a coal gas production agreement within ninety days of

receipt of a revised application.

(3) Where the Minister rejects a revised application for a coal gas production

agreement, he shall, within thirty days of the rejection, provide the applicant with

written reasons for his decision.

90 Notwithstanding any other provision of these regulations, the Minister shall not issue a

coal gas production agreement if the Minister is of the opinion that

(

a) the technology of coal gas production that the applicant proposes to use is not

safe;

(

b) the applicant’s proposed development program does not comply with an

enactment of the Province;

(

c) the applicant’s proposed development program will not result in the optimum

public benefit from petroleum and mineral resource development;

(

d) the applicant’s proposed development program is not adequately detailed;

(

e) the proposed development program is not in the best interest of the people of

Nova Scotia.

91 Notwithstanding

Section 81, where an applicant for a coal gas production agreement is

the holder of a coal gas exploration agreement and his application relates to all or a

portion of the lands subject to his coal gas exploration agreement, the Minister may

extend the term of the coal gas exploration agreement for the period during which the

application for a coal gas production agreement or a revised application for a coal gas

production agreement is under consideration.

92 A coal gas production agreement confers upon the lessee the exclusive right to develop

the lands subject to the agreement for the production of coal gas and the exclusive right to

produce coal gas from those lands for commercial purposes.

93 Every coal gas production agreement shall include

(

a) a description of the lands to which it applies;

(

b) a statement of the development program that the lessee shall carry out during

the term of the agreement;

(1) The term of a coal gas production agreement shall be for such period, not

exceeding ten (10) years, as is specified in the agreement.

(2) Notwithstanding subsection (1), where, on the expiration of the term of a coal gas

production agreement, coal gas is being produced commercially from lands subject

to the agreement, the agreement shall be renewed in respect of those portions of the

lands subject to the agreement from which commercial production is being

obtained for such period thereafter during which commercial production of coal

gas continues.

(3) Notwithstanding subsection (1), where, on the expiration of the term of a coal gas

production agreement, coal gas is not being produced commercially from lands

subject to the agreement but, in the Minister’s opinion, the lands or a portion

thereof are capable of commercial production, the Minister may renew the

agreement in respect of those portions of the lands subject to the agreement which

are capable of commercial production for such a period or periods as the Minister

deems advisable.

95 Sections 65, 66, 67, 68, 69 and 70 of these regulations shall apply mutatis mutandis to

coal gas production agreements.

(1) It shall be and shall be deemed to be a term of every coal gas production agreement

that the Minister may, in the interests of resource conservation or mine safety,

amend or suspend the coal gas production agreement without compensation to any

person where activities pursuant to that coal gas production agreement may

adversely affect the activities of a coal rights holder and, without limiting the

generality of the foregoing, the Minister may by order

(

a) revise the development program so as to prevent interference with the

activities of the coal rights holder;

(

b) require that the coal gas production agreement holder obtain the written

approval of the Minister prior to undertaking or continuing any work or

activity specified in the order on the lands;

(

c) declare that certain lands specified in the order are no longer subject to the

coal gas production agreement and that those lands are deemed to have been

surrendered by the lessee;

(

d) require the lessee to cease production for a period specified in the order.

(2) Every order pursuant to subsection (1) shall be made in accordance with the

provisions of

Section 21 of the Act.

(1) All coal gas produced under the authority of a coal gas production agreement is

subject to, and each lessee is liable for and shall pay to the Province, a royalty of

five percent of the coal gas that is produced in each month.

(2) Royalty shall be based on the fair market value of coal gas at the surface outlet.

98 Sections 46, 47, 48 and 49 of these regulations shall apply mutatis mutandis to this Part

and shall be read as if a reference to “exploration agreement” includes a coal gas

production agreement and “agreement holder” includes the holder of a coal gas

production agreement.

Information reporting requirements

99 Unless otherwise specified herein or in the right, every right holder shall submit to the

Minister in a form acceptable to the Minister the following data and information at the

following intervals:

(

a) within sixty days after the anniversary date of such right,

(

i) annual progress reports, including a

summary of operations, activities

and findings related to the right, and a prognosis for the subsequent

reporting period,

(ii) any geological and geophysical data and

interpretations related to the

right, other than those supplied in the well history reports required by

clause (b),

(iii) a statement of expenditures;

(

b) upon the abandonment, suspension or completion of a well, a well history

report, including rock cutting samples and descriptions, core samples, core

analysis and core gas content data, gas detection unit and other mud logging

data, and electric and mechanical wireline log data;

(

c) where coal gas is produced from a well, at a reporting period not to exceed

three months and a collection period to be specified in the right,

(

i) gas and liquid production volumes,

(ii) gas composition,

(iii) well pressures,

(iv) wireline and other downhole production survey results, and

(

v) operating time;

(

d) where coal gas is produced from a production facility other than a well, at

reporting and collection periods to be specified in the right,

(

i) total gas, and where applicable, total gas and air production volumes,

(ii) average produced gas composition,

(iii) operating pressures of the gas collection system,

(iv) operating time, and

(

v) if coal gas is produced from a coal mine, the status and location of each

gas drainage hole and gas collection point.

Confidentiality

(1) All data and information submitted to the Minister pursuant to this Part and

pertaining to the exploration and development of coal gas shall be kept confidential

by the Minister for a period of five years from the date following its filing with the

Minister.

(2) Subsection (1) does not apply to

(

a) information and data relating to environmental or social matters, which shall

not be kept confidential for any period of time;

(

b) information and data that has a period of confidentiality which is provided for

elsewhere in these regulations or by any other enactment;

(

c) information and data, other than financial information and data, relating to the

production of coal gas for commercial purposes; and

(

d) information, access to which is provided for pursuant to these regulations or

the Act.

(3) Notwithstanding subsection (1), the Minister may at any time

(

a) publish reports and summaries in general form based on geological, economic

or technical information and data submitted by a right holder;

(

b) publish detailed reports of any accident or other occurrence resulting in

personal injury or damage to the environment and need not keep confidential

any information and data used in preparing such report;

(

c) divulge to any right holder or the holder of any coal rights any information or

data which he considers may help prevent an accident or other occurrence

which may result in personal injury or damage to the environment;

(

d) release general topographic information, legal surveys and elevations of well

locations, the current depths of wells, and the current status of wells;

(

e) release any other information with the consent of the right holder;

(

f) release information relating to volumes of coal gas produced for sale or

otherwise.

Schedule I—Fees and Rentals

Petroleum Resources Regulations

1 The following fees shall be payable at the time of filing:

(

a) exploration license application .............................................................................. $124.65

(

b) exploration agreement proposal (this filing fee shall be refunded

by the Minister if the proposal is not accepted) .......................................... $1246.90

(

c) exploration agreement renewal .............................................................................. $124.65

(

d) drilling renewal permit .......................................................................................... $124.65

(

e) development program submission ............................................................... no fee required

(

f) lease application .................................................................................................... $124.65

(

g) lease renewals ....................................................................................................... $124.65

(

h) transfers ................................................................................................................ $124.65

(

i) surrender .................................................................................................... no fee required

(

j) termination ................................................................................................. no fee required

2 The following rentals shall be payable in advance annually:

(

a) exploration agreements ............................................................................ $0.15 per hectare

(

b) lease ........................................................................................................ $0.15 per hectare

3 The following inspection fees shall be payable in advance:

(

a) exploration license .................................................................................................... $6.25

(

b) exploration agreement ............................................................................................... $6.25

(

c) lease .......................................................................................................................... $6.25

(

d) notice of transfer ....................................................................................................... $6.25

________________________________________________________________

Form A - Application for a Petroleum Exploration License

Application is hereby made by _____________________ of ____________________ for a

Petroleum Exploration License under the Petroleum Resources Act in respect of lands situated

at ___________________ in the County of _____________________ and described as follows:

Reservation Reference map Hectares

State the extent and character of the examination to be made and an estimate of cost:

Signed at _______________Date _____________ Tel. no. ______________

Signature of applicant Address

Note: If the applicant is not a resident of Nova Scotia, state the name and address of a resident

of Nova Scotia upon whom service may be made.

Service may be made upon ______________________, at the following address:

_______________________________________________ Tel. no. ______________.

Petroleum Resources Act - Subsection 12(1) - No holder of a petroleum right may enter upon

any Nova Scotia lands, including lands owned by the Province, to explore for or develop

petroleum, without the consent of the owner or lawful occupier of the surface of such lands.

Petroleum Resources Act -

Section 20 - No person shall transfer, assign, or otherwise dispose

of a petroleum right except in the prescribed manner.

Application for Petroleum Exploration License

Received ______________ 19______. Application no.

at ______________________ AM/PM License no.

Amount of app. fees $_____________ Received Plotted Recorded

Receipt no. _____________________

Name & address

REGISTRAR

Accepted

Rejected

Deputy Minister of Mines and Energy

________________________________________________________________

Form B - License to Explore for Petroleum

No. _________

LICENSE is hereby granted under the Petroleum Resources Act to ______________

of ______________________to undertake exploratory work for petroleum on the lands

described as follows and on a plan filed in the Office of the Minister of Mines and Energy.

Reservation Reference Map

Hectares:

In witness whereof this license is duly executed in the name of the said Minister and under his

seal of office this _____ day of ______________ 19_____, at Halifax in the County of Halifax.

SIGNED, SEALED AND )

DELIVERED IN THE )

PRESENCE OF )

_________________________ ) ________________________________

Witness Minister of Mines and Energy

1. The licensee acknowledges that the rights granted by this license under the Petroleum

Resources Act are non-exclusive rights and are subject to:

(

a) the Petroleum Resources Act and regulations thereunder;

(

b) all enactments of the Legislature or Governor in Council in effect during the

term of this license.

2. The company hereby undertakes and agrees to indemnify and save harmless the Province

from any and all claims, demands, losses, damages, actions or suits which may now or

hereafter arise out of or as a result of the exercise of any right given by this license.

3. The licensee shall not sell, transfer, assign, or otherwise dispose of any right or interest

except in accordance with the Petroleum Resources Act and regulations thereunder.

(1) Notice required pursuant to this license, the Petroleum Resources Act or Petroleum

Resources Regulations shall be effective if given by personal service or by registered

mail to the representative designated pursuant to

Section 3 of the Petroleum

Resources Regulations .

(2) Any notice given by registered mail shall be deemed served on the third business day

following that upon which the notice is posted.

(3) The licensee shall maintain an accurate address for service and shall forthwith notify

the Minister of any change therein.

________________________________________________________________

Form C - Application for a Petroleum Exploration Agreement

Application is hereby made by _________________ of ____________________ for a

Petroleum Exploration Agreement under the Petroleum Resources Act in respect of lands

situated at ___________________ in the County of _________________ and described as

follows:

Reservation Reference map Hectares

State the extent and character of the examination to be made and an estimate of its cost:

First year

Second year

Third year

Details as attached.

Signed at _______________ Date ______________ Tel. no. ____________

Signature of applicant Address

Note: If the applicant is not a resident of Nova Scotia, state the name and address of a resident

of Nova Scotia upon whom service may be made.

Service may be made upon _____________________, at the following address:

___________________________________________ Tel. no.__________.

Petroleum Resources Act - Subsection 12(1) - No holder of a petroleum right may enter upon

any Nova Scotia lands, including lands owned by the Province, to explore for or develop

petroleum, without the consent of the owner or lawful occupier of the surface of such lands.

Petroleum Resources Act -

Section 20 - No person shall transfer, assign, or otherwise dispose

of a petroleum right except in the prescribed manner.

Application for Petroleum Exploration Agreement

Received ______________ 19______. Application no. _____________________

at ______________________ AM/PM License no. ________________________

Amount of app. fees $_____________ Received Plotted Recorded

Receipt no. _____________________

Name & address

REGISTRAR

Accepted

Rejected

19_____

Deputy Minister of Mines and Energy

Form D - Notice of Transfer

Part 1

Notice is hereby given that ___________________ of ____________________ (or

_____________________________, a body corporate duly incorporated under the laws of

_______________________ with head office at _____________________ ) (hereinafter called

the Transferor) has, subject to compliance with Regulation 33 of the Petroleum Resources

Regulations , sold, transferred, assigned or disposed of the right, or interest in a right, described

below to _____________________ of ____________________ (or

_____________________________, a body corporate duly incorporated under the laws of

_______________________ with head office at _____________________ ) (hereinafter called

the Transferee):

SIGNED by the Transferor this _______day of __________________, 19_____.

Witness

Witness

Part 2

The Transferee hereby acknowledges the transaction referred to in

Part 1.

SIGNED by the Transferee this _______day of _______________, 19_____.

Witness

Witness

Part 3

I, ________________________, Minister of Mines and Energy, hereby consent to the

transaction referred to in

Part 1.

SIGNED by the Minister of Mines and Energy this ____day of __________19____.

Witness Minister

Part 4

Recorded at the Office of the Registrar this _____day of ______________, 19 _____ at

___________ a.m./p.m. as instrument _____________, page number __________.

____________________________

Registrar

Number Fee $

Subject Receipt no.

FROM

DATED

R E G I S T E R E D

THIS _____ DAY OF _____________

19 ____ AT ______________ M.

PAGE

MINISTER OF MINES AND ENERGY REGISTRAR OF MINERAL AND

PETROLEUM TITLES

Form E - Application for a Coal Gas Exploration Agreement

Application is hereby made by __________________ of ____________________ for a Coal

Gas Exploration Agreement under the Petroleum Resources Act in respect of lands situated at

_________________ in the County of __________________ and described as follows:

Reservation Reference map Hectares

Summary of work to be carried out on lands (a detailed work program must be attached):

Equipment to be utilized:

Proposed starting date and duration of work:

Signed at ___________________ Date _______________ Tel. no.___________

Signature of applicant Address

Note: If the applicant is not a resident of Nova Scotia, state the name and address of a resident

of Nova Scotia upon whom service may be made.

Service may be may upon ________________________ at the following address:

__________________________________________________, Tel. no. ___________

Petroleum Resources Act - Subsection 12(1) - No holder of a petroleum right may enter upon

any Nova Scotia lands, including lands owned by the Province, to explore for or develop

petroleum, without the consent of the owner or lawful occupier of the surface of such lands.

Petroleum Resources Act -

Section 20 - No person shall transfer, assign, or otherwise dispose

of a petroleum right except in the prescribed manner.

________________________________________________________________

Form F - Application for a Coal Gas Production Agreement

Application is hereby made by _______________ of _____________ for a Coal Gas

Production Agreement under the Petroleum Resources Act in respect of lands situated at

_____________ in the County of ___________ and described as follows:

Reservation Reference map Hectares

If lands described above are subject to a Coal Gas Exploration Agreement, state particulars of

the Agreement:

A development program prepared in accordance with

Section 85(2) of the Petroleum Resources

Regulations must accompany this application.

Signed at _____________________ Date _______________ Tel. no.___________

________________________________ ______________________________

Signature of applicant Address

Note: If the applicant is not a resident of Nova Scotia, state the name and address of a resident

of Nova Scotia upon whom service may be made.

Service may be may upon ________________________, at the following address:

_____________________________________________, Tel. no. __________

Petroleum Resources Act - Subsection 12(1) - No holder of a petroleum right may enter upon

any Nova Scotia lands, including lands owned by the Province, to explore for or develop

petroleum, without the consent of the owner or lawful occupier of the surface of such lands.

Petroleum Resources Act -

Section 20 - No person shall transfer, assign, or otherwise dispose

of a petroleum right except in the prescribed manner.

Legislative History

Reference Tables

Petroleum Resources Regulations

N.S. Reg. 178/1985

Petroleum Resources Act

Note: The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Petroleum Resources Regulations made under the Petroleum Resources Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

178/1985

Oct 29, 1985

date made

Nov 14, 1985

246/1987

Dec 1, 1987

date specified

Dec 17, 1987

61/1993

May 3, 1993

date specified

Apr 30, 1993

148/2007

Apr 1, 2007

date specified

Mar 30, 2007

120/2008

Mar 26, 2008

date specified

Apr 11, 2008

205/2008

Apr 1, 2008

date specified

Apr 18, 2008

145/2009

Apr 1, 2009

date specified

Apr 14, 2009

121/2011

Apr 1, 2011

date specified

Apr 15, 2011

147/2013

Apr 1, 2013

date specified

Apr 12, 2013

184/2014

Nov 27, 2014

date specified

Dec 12, 2014

145/2015

Apr 1, 2015

date specified

Apr 8, 2015

The following regulations are not yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs. = repealed and substituted

Provision affected

How affected

2(1).................................................

rs. 61/1993

18(8)...............................................

rs. 120/2008

72(1)(c)..........................................

am. 61/1993

73-79..............................................

ad. 246/1987

79A.................................................

ad. 184/2014

80-83..............................................

ad. 246/1987

83A-83B.........................................

ad. 184/2014

84-100............................................

ad. 246/1987

Schedule I......................................

fc. 61/1993; rs. 148/2007, 205/2008, 145/2009, 121/2011, 147/2013, 145/2015

Forms E and F................................

ad. 246/1987

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

References to the Department of Mines and Energy or Minister or Deputy Minister of Mines and Energy should be read as references to the Department of Natural Resources or Minister or Deputy Minister of Natural Resources in accordance with Order in Council 1991-971 under the Public Service Act , R.S.N.S. 1989, c. 376.

Sep 16, 1991

References to the Department of Mines and Energy or Minister or Deputy Minister of Mines and Energy should be read as references to the Nova Scotia Petroleum Directorate or Minister responsible for the Petroleum Directorate or Deputy Minister of the Petroleum Directorate in accordance with Order in Council 1997-719 under the Public Service Act , R.S.N.S. 1989, c. 376.

Dec 1, 1997

References to the Department of Mines and Energy or Minister or Deputy Minister of Mines and Energy should be read as references to the Department of Energy or Minister or Deputy Minister of Energy in accordance with Order in Council 2002-286 under the Public Service Act , R.S.N.S. 1989, c. 376.

Jun 17, 2002

References to the Department of Mines and Energy or Minister or Deputy Minister of Mines and Energy should be read as references to the Department of Energy and Mines or Minister or Deputy Minister of Energy and Mines in accordance with Order in Council 2018-188 under the Public Service Act , R.S.N.S. 1989, c. 376.

Jul 5, 2018

References to the Department of Mines and Energy or

Minister or Deputy Minister of Mines and Energy should be read as references

to the Department of Natural

Resources and Renewables or Minister or Deputy Minister of Natural Resources and Renewables in accordance with O.I.C. 2021-210 under the Public Service Act , R.S.N.S. 1989, c. 376.

Aug 31, 2021

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of regulations on this subject matter.

Document details

CollectionNova Scotia — Regulations
CitationN.S. Reg. 178/1985
Date1985-01-01
Typeregulation
Volume / chapterjust regulations regs PR-PetroleumResources.htm
Languageen
Formathtm
SourcePROVINCIAL
Identifierd754ac9985976217c43d9d914a0716bb937bbc68

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