Resources Regulations (N.S. Reg. 178/1985) (just regulations regs PR-PetroleumResources.htm)
N.S. Reg. 178/1985
Nova Scotia — Regulations
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Part II .
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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.