Indian Oil and Gas Act and Regulations – Record of Consultations

I. Background

A. Legislative Development (1999 to 2009)

Indigenous and Northern Affairs Canada (INAC) and Indian Oil and Gas Canada (IOGC) initiated the modernization of the legislative and regulatory regime governing on-reserve oil and gas exploration and development, in partnership with First Nations, in 1999. With First Nations concurrence, the project was subsequently put on hold for approximately two years while the Department focused resources on emerging, First Nations-led legislative initiatives that resulted in both the First Nations Commercial and Industrial Development Act and the First Nations Oil and Gas and Moneys Management Act.

Work resumed on amending the Indian Oil and Gas Act, 1974 and its associated regulations in 2006. Working in partnership with the Indian Resource Council, an Indigenous organization that advocates on behalf of some 189 member First Nations with oil and gas, or the potential for such resources, a Joint Technical Committee (the Committee) was established that was comprised of Departmental officials, officials from Justice Canada (as required), and oil and gas technicians from the oil and gas producing First Nations. First Nations were funded for their participation on the Committee and the funding provided included the ability for First Nations to obtain independent legal, technical, and business advice during the development of the proposed legislation. After being introduced in Parliament on three separate occasions, the amendments to the Indian Oil and Gas Act, 1974 received Royal Assent in May 2009 and resulted in the Indian Oil and Gas Act, 2009. The 2009 Act is not yet in force because regulations authorized under that statute had yet to be completed.

B. Regulatory Development (2008 to present)

Regulatory development kicked off in parallel with the 2009 Act going through the Parliamentary review and approvals process. The Committee continued as before except work focused on proposed regulations instead of legislation. As before, First Nations were funded for their participation on the Committee and their funding included the ability to obtain independent legal, technical, and business advice on the proposed regulations.

1. New Strategy for Regulations Development (2013)

The Department met its planning objective of completing all the regulatory drafting instructions by the end of March 2013. Yet the sheer volume of material produced (more than 6,600 pages of drafting instructions and provincial rules to be replicated) had two important implications: 1) it would have taken considerable time for Justice Canada regulatory drafters to read, understand the complex and technical subject matter, and then draft regulations; and, 2) it would have been challenging to have meaningful consultations with First Nations given the volume of material and its technical complexity. The 2009 Act contains many benefits for First Nations because new powers are provided for Canada: 1) to audit companies working on First Nations reserve lands; 2) to set longer periods for industry to maintain records for auditing purposes; 3) to deal more effectively with surface and sub-surface trespass; 4) to protect First Nation sites of cultural importance; 5) to order companies to take remedial action under certain circumstances; 6) to provide for the issuance of fines and penalties for offences under the Act or regulations; 7) to add specificity on regulation-making authorities; and, 8) to report to Parliament every two years on consultations and future variations in regulations from province to province. To ensure that First Nations benefitted from the improvements contained within the 2009 Act with minimal delay, the Department proposed – and First Nations agreed to – a phased approach for regulatory development. The 2009 Act will be brought into force together with a smaller set of Phase I, or core, regulations. In subsequent phases, new regulations would progressively replace sections of the existing 1995 regulations until the 1995 regulations have been entirely replaced by new, modern regulations and First Nations will continue to be consulted throughout this process.

2. Phase I Regulations – Ready for Approvals and Gazette Processes (2016)

The Phase I, or core, regulations are ready for Departmental approvals followed by Treasury Board consideration and approval that would lead to their pre-publication in Canada Gazette, Part I for public review and commentary. Depending on feedback received, the 2009 Act and the Phase I regulations are projected to become law in late 2016 or early 2017. The 2009 Act and the Phase I regulations will make significant improvements in three broad categories:

  • Increased legal certainty, particularly for the regulatory process governing oil and gas exploration and development on First Nations reserve lands (by clarifying powers, roles and responsibilities. By way of example, courts have ruled that, under the existing 1974 Act and 1995 regulations, Canada does not have audit powers for companies doing business on reserve. The 2009 Act and new regulations address this by providing explicit audit powers along with elaborating the audit process);
  • Improved ability for the Government of Canada to regulate oil and gas development on First Nations reserve lands (by providing the Department with a modern suite of regulatory tools, including an enforcement ladder, that is equivalent to the tools available to provincial regulators); and,
  • Enhanced environmental protection and improved preservation of First Nation sites of cultural, historical and ceremonial significance (by providing the Department with powers to halt operations, should First Nation sites of cultural significance be discovered or threatened; operations can only be resumed with concurrence from the First Nation).

Specifically, the Phase I, or core, regulations include amendments to the existing 1995 regulations:

  • to make them compatible with the 2009 Act;
  • to reflect modern regulations drafting conventions; and,
  • to codify existing practices that had evolved over many years among IOGC, First Nations and industry and which have proven beneficial to the on-reserve oil and gas process.

The Phase I regulations also include new regulations for:

  1. Subsurface Tenure;
  2. Drainage and Compensatory Royalty;
  3. First Nations' Audit; and,
  4. Royalty reporting provisions to facilitate verification (i.e., data submission and use of Petrinex, formerly PETRINEX, an acronym formed from PETRoleum INformation EXcellence – the industry and provincially-recognized authoritative source for oil and gas volume and pricing data).

3. Phase I Regulations – Content

The proposed Phase I regulations will provide many benefits to First Nations. The following is a brief summary of some of the key provisions of the proposed Phase I regulations.

Subsurface Tenure: Both Chief and Council and the Minister must approve any contract issued for the exploration or exploitation of oil and gas on First Nations reserve lands. To ensure transparency, the proposed new regulations will clearly stipulate the criteria the Minister will use to evaluate a proposed contract. This transparency will ensure that First Nations know exactly what criteria must be met in order to approve a contract, which will facilitate the negotiations between Chiefs and Councils and industry.

The terms and conditions respecting leases and permits have been modernized to ensure efficiency in administration and to promote timely development of resources. Leases, which are typically used for smaller dispositions of land, will have an initial term of 3 years rather than the 5 years provided in the current regulations. This gives companies 3 years to prove lands productive prior to continuance and prevents companies from holding onto lands that are not being developed. Permits, which are typically used for larger dispositions of land, have an initial term fixed between 2 and 5 years depending on the region in which the contract is located. Regions with deep drilling, complex geology and access challenges typically have longer terms while areas with shallow drilling and year-round access have shorter terms. These timeframes are consistent with the terms of provincial contracts off reserve, which will help ensure First Nations reserve lands are competitive with equivalent off reserve lands. First Nations will be able to negotiate drilling commitments, earning provisions, and the contract depth of earning wells in order to meet specific needs and circumstances. The cumbersome lease selection process is replaced with a provision that allows production from permit lands, and earned permit lands to qualify for a 3-year intermediate term. The new approach encourages companies to develop permit lands in an orderly and timely manner.

Two of the most common concerns raised by First Nations are that the current regulations do not adequately protect First Nations reserve lands from drainage and that the continuance provisions were too generous. The proposed regulations have addressed both of these concerns.

Continuance: With respect to continuance, the proposed new regulations restrict the amount of land that can be continued on the basis of mapping thereby ensuring companies can continue only lands they have proven productive. The proposed new regulations allow lands to be continued indefinitely as long as they are considered productive. New non-productivity notices will be sent to the company if a well is abandoned, if a company fails to produce, or if lands are no longer considered productive. The notice gives the company one year to prove the lands productive or the lands will be returned to the First Nation.

Drainage and Compensatory Royalty: With respect to drainage, the regulations provide for proximity-based offset notices to be issued whenever a well is producing adjacent to First Nations reserve lands. The default option of the notice will be for the company to pay a compensatory royalty in 6 months unless a well is put on production in the First Nation spacing unit or the lands are surrendered. This new provision will substantially increase the number of offset notices issued and will ensure that the First Nation is either paid compensatory royalty or wells are drilled on reserve to protect the First Nation's interests. If the offset lands are not leased, a notice will be sent to the Chief and Council and work can begin to lease the lands.

Royalty Reporting Requirements: The royalty reporting requirement provisions give IOGC the regulatory authority needed to utilize Petrinex. Petrinex was created jointly by provincial governments and industry to facilitate the fast and accurate management of key volumetric and commercial information used to calculate and verify royalty. Upon IOGC's receiving full membership and informatics enhancements to exchange data with Petrinex, the new reporting provisions and the use of Petrinex will ensure royalties are determined quickly and accurately.

First Nation Audit: The regulations give the First Nation the ability to enter into an agreement to conduct an audit on behalf of the Minister.

Updates to 1995 Regulations: The regulations were updated to reflect existing regulatory authorities and to incorporate modern drafting standards. In addition, the regulations have been updated to reflect some of IOGC's current practices and policies. For example, the regulations include requirements for environmental reviews to accompany applications for exploration programs, surface agreements (wells and pipelines), and bitumen projects.

II Consultations

From late 1999 to early 2015, IOGC prepared and facilitated a number of consultation activities on the proposed amendments to the Indian Oil and Gas Act, 1974 and the 1995 regulations enacted under that statute. These consultations were in line with the Crown's statutory duty to consult and the federal government directive to fulfill this duty. Over a 15-year period, key stakeholders were engaged via one-on-one sessions, technical workshops and conferences, and provided with information packages for their review and feedback.

Results from the consultation activities were utilized to amend the Indian Oil and Gas Act, 1974, that resulted in the Indian Oil and Gas Act, 2009, and Phase I of the proposed Indian Oil and Gas Regulations, that would entirely replace the existing Indian Oil and Gas Regulations, 1995, with concerted effort to accommodate First Nations interests and values.

In general, consultations can consist of either information-sharing on decisions made, feedback or input on decisions made or joint planning on decision-making. In order to fulfill the duty to consult, IOGC facilitated multiple consultation activities to ensure First Nation stakeholders – including individual Chiefs and Councils, representative organizations such as the Indian Resource Council, the Federation of Sovereign Indigenous Nations, and Tribal Councils – were fully aware of the proposed regulatory changes and were provided opportunities to be informed, to receive feedback, and to provide input. Examples of activities and materials reviewed include: 1) drafts of proposed legislation; 2) policy (objective) documents; 3) regulatory drafting instructions; 4) drafts of proposed regulations; 5) one-on-one, face-to-face sessions; 6) 10 Technical symposiums (four since 2008 focused on the new Act or regulations); 7) direct letters including updates sent to inform and to seek feedback; 8) quarterly newsletter – now entering its sixth year of publication – with updates on regulations development sent to all oil and gas First Nations and to oil and gas companies with active agreements on First Nations reserve lands; 9) research, advice, recommendations generated by the Committee or via the independent technical reviews; and,10) presentations at First Nation and industry conferences including every Indian Resource Council Annual General Meeting since 1999.

A significant part of the consultation process was funding and liaising with the Indian Resource Council and the Committee, and its sub-committees. These committees provided input and commentary on the drafting instructions and policy documents and were funded to obtain independent, expert technical and legal advice to review the Act and regulations. Since 2003, over $7.3 million was contributed to the Committee process. Since 2008, approximately $1.5 million has been expended by First Nations to obtain independent advice via the hiring of external consultants and lawyers.

Additionally, funding was provided for the establishment of two First Nations-operated oil and gas business centers in Alberta and Saskatchewan in 2008 and 2009, respectively.

Consultations on modernization of the on-reserve oil and gas legislative and regulatory regime have been among the most comprehensive ever conducted by the Department. In addition to the Committee – a table that provided oil and gas First Nations a forum to actively participate in legislative and regulatory development and that provided means for them to obtain independent advice – the Department also engaged more than 250 stakeholders via over 80 one-on-one meetings, ten symposiums and six technical workshops, and distributed information packages. In response, IOGC received a multitude of written submissions and verbal feedback. Stakeholders engaged and consulted included:

  1. First Nations:
    • 68 individual First Nations – including both significant and other producers and First Nations located in geographic areas with potential production.
    • First Nations organizations that advocate on behalf of oil and gas First Nations – including the Indian Resource Council, the Indian Oil and Gas Canada Co-management Board, and the Federation of Sovereign Indigenous Nations.
    • Joint Technical Committee – From 2003 to 2016, over $7.3 million was provided to the Committee for work on the Act and regulations; from 2008 to 2015, First Nations on the Joint Technical Committee expended $1.5 million to obtain independent advice.
    • 3 First Nation Independent Reviews – as an additional backstop for the Committee process, including its independent review, funding was provided to three major oil and gas producing First Nations (White Bear, Loon River, Frog Lake) to conduct a parallel legal and technical review on the proposed regulations.
  2. Oil and Gas Industry and Advocates – 177 Canadian oil and gas companies, including companies with interests on First Nations reserve lands, and industry advocates the Canadian Association of Petroleum Producers and the Explorers and Producers Association of Canada.
  3. Provincial Governments – eight provincial Departments / Ministries of Energy and provincial oil and gas regulatory bodies
  4. All Stakeholders, including the General Public – the 2nd Consultation Draft of the regulations (version May 2015) was published, in both official languages, in the First Nations Gazette on May 12, 2015. Stakeholders were provided an opportunity to review the regulations and to submit feedback. Feedback received was reviewed and considered for inclusion in subsequent drafts of the regulations.

    A special, advanced copy of the Blue-Stamped regulations (version May 2016), used to consult First Nations at the March and April 2016 symposiums, was published, in both official languages, in the First Nations Gazette on May 16, 2016. Stakeholders were directed to submit their feedback during the upcoming pre-publication public consultation process in the Canada Gazette, Part I.

    The proposed regulations will also be pre-published in the Canada Gazette, Part I, for a minimum period of 30 days (if this overlaps with the December holiday season, the Department plans to extend this period), currently project to occur in fall 2016. This would provide the general public (including all First Nations) an opportunity to express their concerns, if any.

III List of Appendices:

Appendix A:
IOGC Co-Management Board Meetings since 2002, Joint Technical Committee Meetings, and Indian Resource Council Annual General Meetings – Consultations on Act and Regulations

Date Meeting Location Comments
September 1, 1998 IRC AGM Regina, Saskatchewan Discussed the pilot project and agenda for the past fiscal year
September 29, 1999 IRC AGM Edmonton, Alberta Discussion on the restructuring of the IOGC Board
September 20, 2001 IRC AGM Tsuu T'ina Nation, Alberta Update on the Pilot initiative and Co-Management Board
August 7, 2002 JTC-1 Ramada Edmonton Inn First Meeting; role of JTC; presentation on comments received during consultations; update on addition of "Major Projects" concept to IOG Act amendments
September 25, 2002 JTC-1 Ramada Edmonton Inn Discussion on joint or co-drafting between English and French and submission of memo to cabinet and its role as a secret document
January 9, 2003 JTC-1 Simeon Room, Tsuu T'ina Nation Update on Federal legislative process and roles and responsibilities of subcommittee
February 19, 2003 JTC-1 and subcommittee Delta Airport Hotel, Calgary Update on drafting progress; discuss relationship between subcommittee and JTC; overview of legislative process
March 11, 2003 IRC Board, IOGC Co-Management Board, JTC-1, JTC subcommittee, Pilot Negotiating Team and Working Group Carriage House Inn, Calgary Share information and Q&A to various groups involved in the legislative change process
April 1, 2003 JTC subcommittee Carriage House Inn, Calgary Presentation on Proposed changes to the Indian Oil and Gas Act and presentation on "Initiating a Consultation Process"
May 13, 2003 JTC-1 and JTC subcommittee Delta Airport Hotel, Calgary Provide status update on the drafting of legislation for the Amending the Indian Oil and Gas Act
May 23, 2003 JTC-1 Delta Airport Hotel, Calgary Discussion on first part of the drafting instructions for the IOGA
May 27, 2003 JTC subcommittee IOGC Large Boardroom Handout "What security measures must be taken with Bills?" discussion on crude bitumen, compensatory royalty; copies of draft handed out to committee members and clause by clause review
October 9, 2003 IRC AGM Carriage House Inn, Calgary AB Annual General Meeting – Overview of Federal Legislative Process and status report on the amendments to the IOGA
November 26 & 27, 2003 JTC/FNOGMMA Joint meeting Calgary, AB Update on proposed amendments to IOG Act and Regulations
December 1 & 2, 2003 JTC subcommittee IOGC Boardroom Clause by clause review of new draft of Act to Amend the Indian Oil and Gas Act
August 2, 2006 JTC-1 Executive Royal Inn, Calgary, AB Review of proposed changes to the IOG Act and Regulations; discuss accommodation and outreach strategy
September 5, 2006 JTC-1 Calgary, AB Update on progress for amendments to the IOGA and Regulations
September 26, 2006 JTC-2 Hospitality Inn, Edmonton, AB Discussion on symposium; presentation of JTC-1 deck; GAP analysis paper
October 19, 2006 IRC Royal Executive Inn, Edmonton, AB Symposium – Presentation on the Proposed Changes to the Indian Oil and Gas Act (Audit, Limitation Period, Enforcement Mechanisms, Subsurface Trespass, Ministerial Review, Drainage, Fee Schedule, Environmental Protection)
December 19, 2006 JTC-1 & JTC-2 Conference Call 2007 Planning session
February 5, 2007 JTC-1 Carriage House Inn, Calgary, AB Review and comments on Draft #9 of Act
February 13, 2007 JTC-2 Carriage House Inn, Calgary, AB  
February 14, 2007 Steering Committee Carriage House Inn, Calgary, AB  
June 20, 2007 JTC-1 Carriage House, Calgary AB Update on Drafting Instructions and Process; Review of Draft #9;
July 26, 2007 JTC-2    
September 7, 2007 JTC-1 Videoconference call Discuss written comments from First Nations regarding IOGA and Regulations
October 15 & 16, 2007 JTC-1 Carriage House, Calgary AB Presentation on proposed changes to Indian Oil and Gas Act and discussion regarding seizure detaining, forfeiture and third party interest provisions
October 30 & 31, 2007 JTC-1 Executive Royal Inn – West Edmonton Presentation on developing a common understanding of Incorporation by Reference; presentation on current IOGC regime and provincial regime
November 15, 2007 IRC AGM & JTC-1 Saskatoon, SK Update on the proposed changes to the Indian Oil and Gas Act
January 22, 2008 JTC-1 Delta South, Calgary Draft #11 clause by clause review; discussion on draft presentation for steering committee; presentation on "Issues raised in IRC Letter Oct 10, 2007"
March 5 & 6, 2008 JTC-1 Delta South, Calgary IOGA presentation – Review of Draft IOG Act
May 2, 2008 JTC-1 Delta South, Calgary Symposium - Q&As on progress to amend the IOG Act and Regulations
November 12, 2008 JTC-1 Vancouver, BC Proposed regulations update to the JTC Steering Committee
December 17, 2008 JTC-1   Meeting on discussion document to be used as a basis for Drafting Instructions; Contracts portion of regulations
December 18, 2008 JTC-2 Executive Royal Inn, Calgary, AB Discuss work plan and continuous change process
December 31, 2008 IRC   Discuss royalty concepts, removal of abandoned pipeline in Alberta, continuance and drainage
January 21, 2009 JTC-1 Calgary, AB Update on Bill C-5
February 20, 2009 JTC-1 Royal Calgary Inn Update on proposed amendments of Act and regulations
March 19, 2009 JTC-1 Executive Royal Inn Presentation outlining need for regulations and scope of regulatory authority of Bill C-5
April 16, 2009 JTC-1 River Cree Resort Bill C-5 update; presentation of issue papers on methods of disposition, employment of First Nations residents
May 27/28, 2009 JTC-1 Calgary, AB Presentation on issues brought forward
July 2, 2009 JTC-1 Executive Royal Inn, Calgary AB Presentation on High Level Scope of Amendments to the IOG Regulations
July 8, 2009 IOGC Co-Management Board   Update
September 17, 2009 JTC-1 River Cree Marriott, Enoch, AB Presentation on "Defining the Modern Regulator"
January 16, 2010 JTC-1 River Cree Marriott, Enoch, AB Drainage and Compensatory Royalty
January 26, 2010 JTC-1 River Cree Marriott, Enoch, AB Presentation to JTC#1 on Tenure Policy
April 28/29, 2010 JTC-1 Ignacio, Colorado Effective Approach for First Nation Involvement in Oil and Gas Development; Introduction of the Exploratory module and Drainage and Compensatory Royalty
March 2 & 3, 2010 JTC-1 Carriage Inn, Calgary AB Update on future modules and referential incorporation; report on Drainage and Compensatory Royalty and Communication/Consultation Plan
May 20, 2010 IOGC Board Ottawa Update on Indian Oil and Gas Regulations
June 22& 23, 2010 JTC-1 Winnipeg, Manitoba Overview of exploration module and update on amendments to the IOG regulations
July 13, 2010 JTC-1 & JTC-2 Saskatchewan Saskatchewan First Nations Natural Resources Centre of Excelled – Update on Amendments to the Indian Oil and Gas Regulations
July 15, 2010 IOGC Co-Management Board Calgary, AB Update on Amendments to the Indian Oil and Gas Regulations
August 26, 2010 JTC-1 River Cree Resort, Enoch, AB Presentation on the Alberta Energy Resources Conservation Board Position Regarding On-Reserve Oil and Gas Development and tabled Exploration module
September 24, 2010 JTC-1 River Cree, Enoch, AB Update on proposed Regulations and review comments on Drainage and Compensatory Royalties and Exploration that JTC#1 completed
October 4, 2010 JTC-1 River Cree Resort, Enoch, AB Update on proposed Regulations
October 26 & 27, 2010 JTC-1 Edmonton Update on proposed Regulations
November 3, 2010 JTC-1 Edmonton Update on proposed Regulations
November 8, 2010 IOGC Co-Management Board   Updates on amendments to the Indian Oil and Gas Regulations, 1995
November 9, 2010 IRC Enoch, AB Annual General Meeting – Updates on Amendments to the Indian Oil and Gas Regulations, 1995
December 7, 2010 JTC-1 Carriage House, Calgary, AB Discussion on responses to completed modules, incorporation by reference, and the role of JTC#1 in the drafting process
January 25, 2011 JTC-1 Holiday Inn, Calgary Update on amendments to IOG regulations
February 17, 2011 JTC-1 Edmonton, AB  
March 9, 2011 IOGC Co-Management Board Calgary, AB Update on the MARS Project
March 16 & 17, 2011 JTC-1 Edmonton, AB Update on the amendments to the IOG regulations
March 30, 2011 JTC-2 Gatineau, Quebec Updates on the amendments to the IOG regulations
April 28, 2011 JTC-1 Conference Call Update on work plan
May 5, 2011 IRC Board Delta South, Calgary, AB Briefing Session – Updates on Amendments to the Indian Oil and Gas regulations
May 18, 2011 IOGC Co-Management Board Calgary, AB MARS update
July 15, 2011 IOGC Co-Management Board Calgary, AB Updates on the amendments to the IOG regulations and MARS
August 25, 2011 JTC-1   MARS update
October 27, 2011 JTC-1 River Cree Resort Proposed Module Update for Progress, Issues, Direction & Process
November 3, 2011 JTC-1 Enoch Cree Nation, AB Update on process to amend the Indian Oil and Gas regulations; Presentation on the draft regulatory conservation module
November 20, 2011 IOGC Co-Management Board River Cree Resort, Enoch, AB Update on MARS and IOGC Regulations
November 21 & 22, 2011 IRC AGM River Cree Resort, Enoch, AB Update on the IOGC Regulations
December 15, 2011 JTC-1 Conference Call Discussion regarding Terms of Reference
January 27, 2012 JTC-1 Enoch Cree Nation, AB Update on process to amend the Indian Oil and Gas regulations
March 15, 2012 JTC-1   Exploration Drafting Instructions Overview
May 4, 2012 JTC-1 & JTC-2 Conference call Meeting on timing and deliverables
June 19 & 20, 2012 JTC-1 River Cree Resort, Enoch, AB  
July 12, 2012 IOGC Board Calgary, AB Update on process to amend IOG Regulations
August 23, 2012 JTC-1 IOGC Large Boardroom Update on process to amend IOG regulations; tabling of exploration module drafting instructions
September 27, 2012 JTC-1 Edmonton, AB Discussion of First Nation Audit powers, review of the surface module and review of the exploration module
October 25, 2012 JTC-1 Saskatoon, SK Prepared: Review of First Nation Audit Powers (policy considerations); review of surface tenure module; recommendations for changes to exploration module
November 20, 2012 IRC & IOGC Board Calgary, AB Update: Amendments to the Indian Oil and Gas Regulations
November 21 & 22, 2012 IRC Calgary, AB Annual General meeting : Drainage and compensatory royalty module status update; update on process to amend the IOG regulations, Conservations module, environment module overview, surface module overview
December 7, 2012 JTC-1 Enoch, AB Update on process to amend the IOG regulations, 1995; First Nation Audit Powers (follow up questions on policy considerations); environment module – Tabling of sub-modules reclamation, remediation, release of substances
January 9-11, 2013 JTC-1 Enoch, AB Enforcement module Drafting Instructions; tabling of environment sub-modules and subsurface modules; update on process to amend IOG regulations
February 8, 2013 JTC-1 Calgary, AB Overview of regulatory process presentation
March 28, 2013 JTC-1 Calgary, AB Review of Environmental Protection prepared by IRC; update on process to create new regulations under the IOGA; highlights of IOGC consultation plan for new regulations made under the IOGA, royalty module an overview of drafting concepts; money module an overview of drafting instructions
May 22, 2013 IOGC Co-Management Board   Update on process to create new regulations under the IOGA
June 19 & 20, 2013 JTC-1 River Cree, Enoch, AB New approach to regulation development; tabling of royalty module; status reports modules and drafting
July 10, 2013 IOGC Co-Management Board & IRC Calgary, AB Presentation on New approach to regulation development
July 23, 2013 JTC-1 Saskatoon, SK FNS Meeting in Saskatoon
September 12, 2013 JTC-1 Edmonton, AB Discussion on sub-surface tenure and presentation on "First Nation Audit- Alternate Approach Discussion"
September 27, 2013 JTC-1 Enoch First Nation, AB Update on process to create new regulation; FN Audit Authority, SK Royalty Symposium, Consultations re: IOGC Regs and Amendments, JTC report on Exploration Modules and comments on Surface Module
October 17, 2013 JTC-1 Carriage House Inn, Calgary JTC#1 sub-surface review; update on regulatory draft
November 15, 2013 JTC-1 Edmonton, AB Tabled partial draft of IOGC regulations; First Nation response to Sub-surface tenure
December 3, 2013 IOGC Board Edmonton, AB Update on process to amend the IOGC Regulations
December 4, 2013 IRC AGM Edmonton, AB Update on process to amend the IOGC Regulations
December 10, 2013 JTC-1   IRC comments on sub-surface and assignment drafting instructions JTC#1 - new drafting instructions for FN Audit
December 18, 2013 JTC-1 Edmonton, AB FN Tabled review memorandum on Subsurface Tenure and Assignment; IOGC tabled Bitumen Tenure Provisions, FN Audit Provisions
January 21, 2014 JTC-1 Saskatoon, SK Explanation of Key Aspects of the Proposed Tenure Regulations and discussion of review memorandum; IOGC will add crude bitumen, First Nation audit concepts, Industry reporting requirements to facilitate royalty verification and review of authorities to Regulations
February 26, 2014 JTC-1 Edmonton, AB Tabled "Update on the Process to Amend the Indian Oil and Gas Regulations; JTC-1 responded to preliminary drafting instructions and draft; IOGC gave copy of consultation draft
March 25, 2014 JTC-1 Vancouver, BC Meeting – Update on process to amend the Indian Oil and Gas Regulations
March 26, 2014 IOGC Board Vancouver, BC Update on process to amend the Indian Oil and Gas Regulations
July 8, 2014 JTC-1 Tsuu T'ina Nation, AB Meeting – Update on process to amend the Indian Oil and Gas Regulations; PETRINIX overview;
November 25, 2014 IOGC Co-Management Board IOGC Co-Management Board Consultation Update, Amendments to the IOG Regulations
November 26, 2014 IRC AGM Tsuu T'ina, AB Amendments to the IOG Regulations, 1995
December 17, 2014 JTC-1 Edmonton, AB Meeting – IOGC provided update on timelines, implementation and next steps
February 25, 2015 JTC-1 Edmonton, AB Meeting – IOGC provided updates on the regulation development, 2nd Consultation Draft.
July 8, 2015 JTC-1 Tsuu T'ina, AB Meeting – IOGC provided updates on amendments to the regulations.
November 18, 2015 JTC-1 Edmonton, AB Meeting – IOGC provided update on JTC-1's and other stakeholder comments provided and what was/was not taken to the Drafters.
January 28, 2016 JTC-1 Edmonton, AB Meeting – IOGC provided updates on the regulation development and presented IOGC's response to JTC-1's comments of November 27, 2015.
March 18, 2016 JTC-1 Edmonton, AB Meeting – IOGC provided update on timelines, implementation and next steps. The previous day's Symposium was discussed.
June 15, 2016 JTC-1 Edmonton, AB Meeting - updated by IOGC on AB and SK symposiums, IOGC lessons-learned exercise, proposed timelines for phase 1, process for phase 2 and timing.
September 7, 2016 JTC-1 Edmonton, AB Meeting – IOGC update on proposed timelines, tabled new terms of reference for JTC-1. Discussion of concerns that are out of scope of the regulations and legal review of 3rd draft of regulations.
December 1, 2016 JTC-1 Edmonton, AB Meeting – IOGC’s response to IRC comments on 3rd draft, discussion on implementing phase 1 and new terms of reference for JTC-1. Tabled and presented the moneys module and environment module.
January 31, 2017 IRC AGM Edmonton, AB IRC Resolution passed requesting IOGC put phase 1 regulation into abeyance and address concerns raised by an individual First Nation.
April 6, 2017 JTC-1 Edmonton, AB IOGC presented those accommodations it is willing to make to issues raised.
May 25, 2017 JTC-1 Edmonton, AB IOGC presented its revised position on those accommodations it is willing to make to issues raised.
June 14, 2017 Special IRC Meeting Edmonton, AB IOGC presented its drafting instructions of the 6 accommodations. A motion was passed accepting the drafting instructions on the accommodations but included a proviso that full approval was subject to final review of the draft regulation.
July 12, 2017 IRC Board meeting Calgary, AB IOGC IOGC presented wording proposed by drafters. Full approval continues to be subject to viewing the draft regulation.
August 31, 2017 JTC-1 Edmonton, AB IOGC distributed the 4th consultation draft and presented the specific sections addressing the 6 accommodations.

Appendix B: Act and Regulations – Consultation Activities – 2001 to 2003

Date Consultation Activity Location First Nations Bands Participating
June 14, 2001 One-on-one session Goodfish Lake First Nations Band Office Kehewin Cree FN
Cold Lake FN
Heart Lake FN
Beaver Lake FN
Good Fish FN
June 19, 2001 One-on-one session Waywayseecappo First Nations Band Office Waywayseecappo FN
June 20, 2001 One-on-one session Kettle FN Band Office Kettle FN
June 20, 2001 One-on-one session White Bear Band Office White Bear Band
June 26, 2001 One-on-one session Joseph Big Head Band Office Joseph Big Head Band
June 28, 2001 One-on-one session Frog Lake FN Band Office Frog Lake FN
June 29, 2001 One-on-one session Edmonton Paul FN
June 29, 2001 One-on-one session Enoch FN Band Office Enoch FN
August 2, 2001 One-on-one session O'Chiese FN Band Office O'Chiese FN
August 7, 2001 One-on-one session Island Lake FN Band Office Island Lake FN
August 7, 2001 One-on-one session Makwa Lake FN Band Office Makwa Lake FN
September 28, 2001 Tribal council meeting North Battleford Tribal Council Office Mosquito FN
Red Pheasant FN
Moscomin FN
Sweet Grass FN
October 10, 2001 One-on-one session Whitefish Lake Band Office Whitefish Lake FN
October 10, 2001 One-on-one session Woodland Cree FN Band Office Woodland Cree FN
October 22, 2001 One-on-one session Lac La Biche, AB Chipewyan Prairie FN
October 24, 2001 One-on-one session Enoch FN Band Office Enoch FN
October 30, 2001 One-on-one session Ermineskin Elders Gathering Ermineskin FN
Samson FN
October 31, 2001 One-on-one session Ermineskin Elders Gathering Louis Bull FN
Montana FN
April 3, 2002 One-on-one session Edmonton, AB Confederacy of Treaty 6
Cobiere FN
April 8, 2002 One-on-one session Peace River, AB Kee Tas Kee, Now Tribal Council, Loon River, Whitefish Lake, Woodland Cree, Corbiere FN
April 9, 2002 One-on-one session Lesser Slave Lake Indian Regional Council Driftpile, Kapawe'no, Sawridge, Sucker Cree, Swan River FN
April 10, 2002 One-on-one session High Level – North Peace Tribal Council Beaver, Dene Tha', Little Red River, Tallcree, Lubicon Lake FN
April 15, 2002 Committee meeting Saskatoon, SK FSIN oil and gas committee – all Saskatchewan oil and gas producing FN
April 17, 2002 Tribal meeting Calgary, AB Treaty 7 Tribal Council (Blood, Siksika, Peigan, Stoney, Sarcee)
April 18, 2002 One-on-one session Calgary, AB Corbiere FN
April 24, 2002 Tribal meeting Mayfield Inn, Edmonton, AB Battleford Tribal Association
April 25, 2002 Tribal meeting Mayfield Inn, Edmonton, AB Yellowhead Tribal Association
May 3, 2002 One-on-one session Denham Inn, Leduc, AB Four Nations
October 30, 2002 One-on-one session   Alexis FN
November 26, 2002 One-on-one session   Frog Lake FN
November 27, 2002 One-on-one session   Onion Lake FN
Cold Lake FN
December 10, 2002     Enoch Cree
Paul FN
January 7, 2003 One-on-one session Best Western Village Park Inn Stoney Band
January 21, 2003 One-on-one session Siksika Council Chambers Siksika FN
March 12, 2003 One-on-one session Calgary, AB Kehewin Chief and Council
April 28, 2003 One-on-one session Peigan Nation Band Office Peigan Nation
April 29, 2003 One-on-one session Kehewin Cree Band Office Kehewin Cree

Appendix C: Act and Regulations – Consultation Activities – 2008 to 2017

Date Consultation Activity Attendees Comments
May – June 2008 Information booths Alberta and Saskatchewan Chief Gatherings Re: Proposed amendments to the Indian Oil and Gas Act and Regulations
May, 2008 One-on-one session Red Pheasant FN Presentation re: First Nations Outreach "Process to Amend IOG Act"
May 28, 2008 Symposium Oil and Gas producing FNs Presentation re: First Nations Outreach "Process to Amend IOG Act
July 8, 2008 One-on-one session Saddle Lake FN Presentation re: First Nations Outreach "Process to Amend IOG Act
July 9, 2008 One-on-one session Driftpile FN Presentation re: First Nations Outreach "Process to Amend IOG Act
July 10, 2008 One-on-one session Four Nations Presentation re: First Nations Outreach "Process to Amend IOG Act
November 2008 One-on-one session Sucker Creek FN Presentation re: First Nations Outreach "Process to Amend IOG Act
November 18, 2008 Presentation New Brunswick Presentation re: First Nations Outreach "Process to Amend IOG Act
December 2008 Presentation Ontario Presentation re: First Nations Outreach "Process to Amend IOG Act
December 12, 2008 One-on-one session Pound Maker FN Presentation re: First Nations Outreach "Process to Amend IOG Act
January, 2009 One-on-one session Stoney FN Presentation re: First Nations Outreach "Process to Amend IOG Act
January 14, 2009 One-on-one session Treaty 6 Oil and Gas FNs Presentation re: First Nations Outreach "Process to Amend IOG Act
January 20, 2009 One-on-one session Treaty 7 Presentation re: First Nations Outreach "Process to Amend IOG Act
March 12, 2009 One-on-one session Siksika FN Presentation re: First Nations Outreach "Process to Amend IOG Act and Bill C-5
April 13, 2010 One-on-one session Chiefs of Stoney Tribe Update on amendments to the Indian Oil and Gas Regulations
April 13, 2010 One-on-one session O'Chiese FN Update on amendments to the Indian Oil and Gas Regulations
May 21, 2010 Information session North American Resource Partners Update on amendments to the Indian Oil and Gas Regulations
May 25, 2010 One-on-one session Carry the Kettle FN Update on amendments to the Indian Oil and Gas Regulations
June 1, 2010 One-on-one session Dene Tha FN Update on amendments to the Indian Oil and Gas Regulations
June 9, 2010 Information session Union of New Brunswick Chiefs Update on amendments to the Indian Oil and Gas Regulations
June 15, 2010 One-on-one session Water Hen FN Update on amendments to the Indian Oil and Gas Regulations
June 16, 2010 One-on-one session Whitefish Lake FN Update on amendments to the Indian Oil and Gas Regulations
August 23, 2010 One-on-one session Blood Tribe FN Update on amendments to the Indian Oil and Gas Regulations
October 5, 2010 One-on-one session Alexis FN Update on amendments to the Indian Oil and Gas Regulations
October 21, 2010 One-on-one session Samson Band Updates on amendments to the Indian Oil and Gas Regulations
November 17& 18, 2010 Meeting Assembly of Treaty Chiefs Winter Sitting Updates on amendments to the Indian Oil and Gas Regulations
November 18, 2010 One-on-one session Siksika FN Chief and Council Updates on amendments to the Indian Oil and Gas Regulations
November 23, 2010 One-on-one session Lesser Slave Lake Indian Regional Council Updates on amendments to the Indian Oil and Gas Regulations
December 3, 2010 One-on-one session Onion Lake FN Updates on amendments to the Indian Oil and Gas Regulations
December 6, 2010 Forum Insight Aboriginal Oil and Gas Forum Updates on amendments to the Indian Oil and Gas Regulations
January 2011 Meeting North Peace Tribal Council Updates on amendments to the Indian Oil and Gas Regulations
January 27, 2011 Meeting Tribal Chiefs Ventures Updates on amendments to the Indian Oil and Gas Regulations
March 17, 2011 One-on-one session Enoch Cree Nation Updates on amendments to the Indian Oil and Gas Regulations
March 20-21, 2011 Meeting FSIN Centre of Excellence and Saskatchewan FN Chiefs Updates on amendments to the Indian Oil and Gas Regulations
April 11, 2011 One-on-one session Fort Nelson FN, BC Updates on amendments to the Indian Oil and Gas Regulations
April 12, 2011 One-on-one session Blueberry River FN, BC Updates on amendments to the Indian Oil and Gas Regulations
April 12, 2011 Information session IRC Centre of Excellence and Ontario, Quebec and New Brunswick FN Updates on amendments to the Indian Oil and Gas Regulations
June 27, 2011 Conference AFN International Indigenous Summit Updates on amendments to the Indian Oil and Gas Regulations
July 19, 2011 Meeting Saskatchewan First Nations Natural Resources Centre of Excellence Updates on amendments to the Indian Oil and Gas Regulations
August 11, 2011 Meeting Treaty 4 Saskatchewan FN Updates on amendments to the Indian Oil and Gas Regulations
September 8, 2011 One-on-one session Frog Lake and Cold Lake FN Updates on amendments to the Indian Oil and Gas Regulations
September 16, 2011 One-on-one session Onion Lake FN Updates on amendments to the Indian Oil and Gas Regulations
October 20, 2011 Meeting Ontario Petroleum Institute Updates on amendments to the Indian Oil and Gas Regulations
November 28, 2011 One-on-one session Samson Cree FN Updates on amendments to the Indian Oil and Gas Regulations
December 6, 2011 One-on-one session Treaty 6 FN Updates on amendments to the Indian Oil and Gas Regulations
January 12, 2012 One-on-one session White Bear FN Update on module and regulation development
February 13, 2012 One-on-one session Samson Cree FN Update on module and regulation development
February 15, 2012 One-on-one session Stoney Tribe Update on module and regulation development
February 16, 2012 One-on-one session Lesser Slave Lake Indian Regional Council Update on module and regulation development
February 21, 2012 One-on-one session Frog Lake FN Update on module and regulation development
March 13, 2012 One-on-one session Onion Lake FN Update on module and regulation development
March 23, 2012 Symposium Oil and Gas Producing FNs Royalty symposium- Presentation on the Overview of MARS Regulatory change process
March 28. 2012 One-on-one session Dene Tha FN Update on module and regulation development
April 20, 2012 Information session Canadian Bar Association Update on the amendments to the IOGA and Regulations
April 24, 2012 Information session CAPP sub-committee Update on the amendments to the Indian Oil and Gas Regulations
April 25, 2012 One-on-one session Samson Cree FN Update on the amendments to the IOGA and Regulations
April 26, 2012 One-on-one session Whitefish Lake FN Update on the amendments to the IOGA and Regulations
April 27, 2012 One-on-one session Blood Tribe Representatives Update on the amendments to the IOGA and Regulations
May 9, 2012 One-on-one session Bigstone Cree Community Update on the amendments to the Indian Oil and Gas Regulations
May 15, 2012 One-on-one session Red Pheasant FN Update on the amendments to the Indian Oil and Gas Regulations
July 17-19, 2012 Information booth AFN National Assembly Disseminate info on changes to the Indian Oil and Gas Regulations
September 24, 2012 Symposium Saskatchewan Oil and Gas Royalty Symposium Update on the amendments to the Indian Oil and Gas Regulations
October 11, 2012 Information session CAPP sub-committee Update on process to amend the Indian Oil and Gas Regulations
January 22, 2013 Information session CAPP sub-committee Update on process to amend the Indian Oil and Gas Regulations
February 14, 2013 One-on-one session Stoney First Nation Update on the amendment of the IOGA and Regulations

New approach to regulatory development
April 23, 2013 Information session CAPP Update on the amendments to the IOGA and Regulations
July 8, 2013 One-on-one session Frog Lake FN Update on the amendments to the IOGA and Regulations
July 9, 2013 One-on-one session Red Pheasant First Nation Update on the amendment of the IOGA and Regulations

New approach to regulatory development
October 28, 2013 Information session CAPP Regulation Development Status – New Approach to Regulation Development
January 20, 2014 One-on-one session Saulteaux FN Update on Indian Oil and Gas Regulations
January 20, 2014 One-on-one session White Bear FN Update on Indian Oil and Gas Regulations
January 21, 2014 One-on-one session Frog Lake FN Update on Indian Oil and Gas Regulations
February 13, 2014 One-on-one session Lubicon FN Update on Indian Oil and Gas Regulations
February 28, 2014 Conference [Aboriginal Land Resource Management Forum]    
March 6, 2014 Package mailed 109 First Nations First draft of regulations sent
March 11, 2014 One-on-one session Dene Tha First Nation Q&A on regulations and addressed concerns
March 12, 2014 One-on-one session Siksika Nation Q&A on regulations and addressed concerns
March 27, 2014 Symposium AB Oil and Gas Symposium Update on Indian Oil and Gas Regulations
March 28, 2014 Symposium [Saskatchewan] SK Oil and Gas Symposium Tabled "IOGC's Detailed Review of proposed amendments" & "Overview of process and concepts for proposed amendments to the IOG Regulations"
March 31, 2014 Symposium [Alberta]   Tabled "IOGC's Detailed Review of proposed amendments" & "Overview of process and concepts for proposed amendments to the IOG Regulations"
May 14, 2014 Information Session Top Ten Producing First Nations Update on the amendments to the Indian Oil and Gas Regulations
November 12, 2014 Presentation (Blackfoot Inn Calgary, AB) Top Ten Producing First Nations Amendments to the IOG Regulations, 1995
Feb 23, 2015 Package mailed - Independent Technical Reviews White Bear
Loon River
Frog Lake
 
May 15, 2015 Package mailed Xxx producing First Nations
All Provinces
IOGC Lessees
2nd consultation draft of the regulations sent.
Q1 15/16 Information Session Piikani IOGC 101 and update on the amendments to the Indian Oil and Gas Regulations.
Q2 15/16 One on One Little Pine
Sawridge
Kapawe'no
Driftpile
Poundmaker Montana
IOGC101 and update to the amendments to the IOG Regulations
Q2 15/16 Information Session SK First Nations Natural Resources Centre of Excellence IOGC101 and update to the amendments to the IOG Regulations
November 17, 2015 One on One session Blood Tribe Update on the amendments to the Indian Oil and Gas Regulations.
November 17, 2015 One on One session Siksika Nation Update on the amendments to the Indian Oil and Gas Regulations.
Q3 15/16 One on One session Samson
Waywayseecappo
IOGC101 and update to the amendments to the IOG Regulations
Q4 15/16 One on One session Cold Lake
Enoch
Stoney
Update to the amendments to the IOG Regulations
Q4 15/16 Information Session Ontario Chiefs Presentation on amendments to Act and Regulations.
March 17, 2016 Symposium AB First Nations Presentation on Gazette process, Update on Act and Regs amendment and consultation process, review of amendments to the IOG Regulations.
April 7, 2016 Symposium SK First Nations Presentation on Gazette process, Update on Act and Regs amendment and consultation process, review of amendments to the IOG Regulations.
June 1, 2016 One on One Whitefish Lake (Atikameg) IOGC101 and update to the amendments to the IOG Regulations.
July 8, 2016 One on One Louis Bull IOGC101 and update to the amendments to the IOG Regulations.
July 28, 2016 Information Session Treaty and Aboriginal Lands Stewards Association of Alberta (TALSAA)s IOGC101 and update to the amendments to the IOG Regulations.
September 20, 2016 Information Session National Aboriginal Economic Development Board (NAEDB) IOGC101 and update to the amendments to the IOG Regulations.
October 13, 2016 Information Session Alberta Lands and Economic Development Advisory Committee (AB LEDAC) IOGC101 and update to the amendments to the IOG Regulations.
October 28, 2016 Information Session Andrew Bear Robe Seminar IOGC101 and update to the amendments to the IOG Regulations.
November 9, 2016 One on One Cold Lake IOGC101 and update to the amendments to the IOG Regulations
December 1, 2016 Information Session Aboriginal Oil and Gas Forum IOGC101 and update to the amendments to the IOG Regulations.
March 1, 2017 Information Session BC First Nations Leadership Council IOGC101 and update to the amendments to the IOG Regulations.
March 2, 2017 One on One Lubicon Lake IOGC101 and update to the amendments to the IOG Regulations.
March 22, 2017 Information Session Indigenous Consultation and Participation for Energy Resource Development Projects - Seminar IOGC101 and update to the amendments to the IOG Regulations
March 22, 2017 Information First Nations Tax Commission IOGC101 and update to the amendments to the IOG Regulations.

Appendix D: Overview of Types of Consultation Activities Conducted

Activity Description
Quarterly newsletters IOGC developed a quarterly newsletter to update the process and content of the regulatory amendment process.

The newsletter is a high level overview of the progress made on the regulations and has been circulated since February 2012 by mail to all oil and gas producing First Nations. In addition, it is posted on the IOGC website.
Direct letters to stakeholders IOGC posts letters directly to Chiefs and Councils. The letters update First Nations on the process and progress of the regulatory amendments initiative. It includes all draft regulatory content, such as any reports or comments generated from the JTC and their technical/legal experts.

The letters invite feedback and input. IOGC has and will continue to respond to all feedback and input from Chiefs and Councils by letter and, depending on the level of concern and the issue, may also seek a face-to-face meeting to discuss.
Presentations at conferences The IRC has held Annual General Meeting and Conference since their inception. Regulations updates and Q&A sessions have been on the agenda for several years and will continue to be until the regulations are in force.

All Chiefs from oil and gas producing First Nations, and First Nations located in areas with potential production, are invited to this conference.

IOGC also accepts invitations to speak at other conferences during the consultation period to ensure maximum communication of messages and information.
One-on-one sessions IOGC has contacted all major producing First Nations requesting and pro-actively pursuing one-on-one sessions to present and discuss the amendments. It is likely that multiple sessions will be held with the First Nations that are major oil and gas producers as they will likely have the highest level of interest and may want IOGC to return for a session prior to pre-publication of the draft regulations in the Canada Gazette.

All other oil and gas producing First Nations will be contacted offering similar one-on-one sessions.

Materials will be provided in advance of all sessions, detailed records will be kept and a commitment to follow-up on outstanding issues and concerns will be met.

Since the passage of the amendments to the Act in 2009 IOGC has had standing commitments to First Nations to meet and discuss amendments to the regulations at their request.
Technical conferences Upon completion of final draft of the regulations, but prior to pre-publication, IOGC will be hosting technical conferences in Alberta and Saskatchewan for First Nations.

All oil and gas producing First Nations will be invited to their respective conferences. IOGC will be going through the draft regulations on a section by section basis, and potentially a clause by clause basis, depending on the level of interest of the conference participants. Detailed records will be kept and a commitment to follow-up on outstanding or contentious issues will be met.

The IRC and the Federation of Sovereign Indigenous Nations (FSIN) will be invited to co-host the conferences and, if they accept, and depending on the level of support/opposition from First Nations at the conference, a formal motion may be secured in support of the amendments.
Provision of policy documents The process IOGC established for amending the regulations was to first develop individual policy documents for each regulatory module that generally reflect the operational oil and gas needs of IOGC from a strategic perspective.

These policy documents are shared with JTC for their information, feedback and input. Under the terms of reference agreement between IOGC and the IRC, any comments formally provided by the committee relating to the regulatory content will be incorporated to the extent possible. If incorporation is not possible, written rationale will be provided by IOGC to the committee.

All policy documents will be shared with individual oil and gas producing First Nations for their information. Although formal feedback will not be sought, response will be given any feedback received. IOGC will also send any reports or comments generated from the JTC and their technical/legal experts, directly to all oil and gas producing First Nations.
Provision of drafting instructions The internal process IOGC established for amending the regulations was to develop drafting instructions after completion of the policy documents for each of the regulatory modules. These drafting instructions represent IOGC recommendations to both DOJ and the DOJ regulatory drafters for initiating the drafting process.

These drafting instructions are shared with JTC for their information, feedback and input. Under the terms of reference agreement between IOGC and the IRC, any comments formally provided by the committee relating to the regulatory content will be incorporated to the extent possible. If incorporation is not possible, written rationale will be provided by IOGC to the committee.

All drafting instructions will be shared with individual oil and gas producing First Nations for their input and feedback. Response will be given to any feedback received. IOGC will also send any reports or comments generated from the JTC and their technical/legal experts, directly to all oil and gas producing First Nations.
Provision of final draft Once the drafting process has concluded and an official bilingual version of the regulations is ready for public distribution, it will be sent to all oil and gas producing First Nations for information, feedback and input. This will occur prior to pre-publication.

IOGC will respond to any feedback received. IOGC will also send any reports or comments generated from the JTC and their technical/legal experts, directly to all oil and gas producing First Nations.

Appendix E: List of Stakeholders Consulted

First Nations Industry/Industry Organizations Government/Agency
  • Alexander Band
  • Alexis Band
  • Beaver Lake Band
  • Big Island Lake Cree Nation
  • Bigstone Cree Nation Band
  • Birdtail Sioux Band
  • Blood Tribe
  • Blueberry River FN
  • Carry the Kettle
  • Chipewyan Prairie FN
  • Cold Lake FN Band
  • Dene Tha' Band
  • Doig River Band
  • Driftpile FN Band
  • Duncan's FN Band
  • Enoch Cree Nation Band
  • Ermineskin Tribe
  • Fort McMurray FN
  • Fort Nelson FN Band
  • Frog Lake Band
  • Halfway River FN Band
  • Heart Lake Band
  • Horse Lake FN Band
  • Island Lake FN Band
  • Kehewin Cree Nation Band
  • Little Pine Band
  • Loon River Cree Band
  • Louis Bull Tribe
  • Makwa Sahgaiehcan FN Band
  • Montana Band
  • Mosquito, Grizzly Bear's Head, Lean Man FN Band
  • O'Chiese Band
  • Ochapowace FN
  • Ocean Man FN
  • Onion Lake FN
  • Paul FN
  • Pikani Band
  • Piapot FN
  • Poundmaker Band
  • Red Pheasant Band
  • Saddle Lake Band
  • Samson Cree Nation Band
  • Sawridge Band
  • Siksika Nation Band
  • Six Nations of the Grand River Band
  • Stoney Band – Bearspaw
  • Stoney Band- Chiniki
  • Stoney Band – Wesley
  • Sturgeon Lake Cree Nation Band
  • Sucker Creek Band
  • Sunchild FN Band
  • Swan River FN
  • Sweetgrass Band
  • Thunderchild FN Band
  • Tsuu T'ina Nation Band
  • Waywayseecappo FN
  • White Bear Band
  • Whitefish (Goodfish) Lake Band
  • Whitefish Lake FN
  • Treaty 4 Nations
  • Lesser Slave Lake Tribal Council
  • Kee Tas Kee Now
  • Confederacy of Treaty 6 Nations
  • Joseph BigHead First Nation
  • Good Fish First Nation
  • Peigan Nation
  • Woodland Cree FN
  • FSIN
  • Altagas Services Inc.
  • Altagas Transmission Ltd.
  • Anadarko Canada Corp.
  • Anadarko Canada Energy Ltd.
  • BP Canada Energy Co.
  • BP Canada Energy Resources Co.
  • Calpine Canada Resources Ltd.
  • Cavell Energy (Sask) Corp.
  • Cavell Energy Corp.
  • CNPC Canada Ltd.
  • CNPC International (Canada) Ltd.
  • Conoco Canada Ltd.
  • Conoco Canada Resource Ltd.
  • Crispin Energy Inc.
  • Crispin Resources Ltd.
  • Devon AOG Corp.
  • Devon ARL Corp.
  • Devon Canada Corp.
  • EL Paso Oil & Gas Canada Inc.
  • El Paso Velvet Canada Inc.
  • EOG Resources Canada Inc.
  • Hunt Oil Company of Canada Inc.
  • Imperial Oil
  • Kaiser Energy Ltd.
  • Ketch Energy Ltd.
  • PanCanadian Energy Corp.
  • Penn West Exploration Ltd.
  • Penn West Petroleum Ltd.
  • Petro-Canada Oil & Gas
  • Ventus Energy Ltd.
  • Vintage Petroleum Canada Inc.
  • Keyano Pimee Exploration Company Ltd.
  • Koch Pipelines Canada
  • Lario Oil and Gas Company
  • Leddy Exploration Ltd.
  • Lexxor Energy Inc.
  • Lyse Petroleum Ltd.
  • Magin Energy Inc.
  • Mahgwa Resources Inc.
  • Marathon Canada Ltd.
  • Marnell Resources Ltd.
  • Mart Resources Inc.
  • Mid-West Gas Transmissions Ltd.
  • Mont Resources Ltd.
  • Moxie Exploration Ltd.
  • Murphy Oil Company Ltd.
  • Nal Resources Ltd.
  • National Fuel Exploration Corp.
  • NCE Petrofund Corp.
  • Nexen Canada Ltd.
  • Nicholas Taylor
  • Northrock Resources Ltd.
  • Northstar Energy Corp.
  • Nova Corp. of Alberta
  • Ogy Petroleums Ltd.
  • Olympia Energy Inc.
  • Onyx Energy Inc.
  • Operations Management Ltd.
  • Opti Canada Inc.
  • Oskya Energy Ltd.
  • Owl Exploration Ltd.
  • Pan East Petroleum Corp.
  • Pan Ridge Oil Corp.
  • Paramount Resources Ltd.
  • Passage Energy Inc.
  • Perception Petroleum Corp.
  • Petro-Reef Resources Ltd.
  • Petrobank Energy & Resources Ltd.
  • Petromin Resources Ltd.
  • Petrovera Resources Ltd.
  • Phillips Petroleum Resources Ltd
  • Pinnacle Resources Ltd.
  • Pioneer Natural Resources Canada
  • PNRC Oil & Gas Ltd.
  • POGO Canada Ltd.
  • Primewest Energy Inc.
  • Probe Exploration Inc.
  • Producers Pipeline Inc.
  • Prospect Oil & Gas Management Ltd.
  • Purcell Energy Ltd.
  • R.W. Berry Canada Inc.
  • Rainbow Pipeline Co. Ltd.
  • Renaissance Resources Ltd.
  • Response Energy Corp.
  • Rio Alto Exp. Ltd.
  • Saddle Resources Inc.
  • Samson Oil & Gas Ltd.
  • Signalta Resources Ltd.
  • Siksika Energy Resources Corp.
  • Star Oil & Gas Ltd.
  • Storm Energy Inc.
  • Sturgeon Lake Resources Ltd.
  • Summit Resources Ltd.
  • Suncor Energy Inc.
  • Surat Energy Inc.
  • Synterra Technologies Ltd.
  • Talisman Energy Inc.
  • Taurus Exploration Canada Ltd.
  • Thunder Oil Ltd.
  • Township Land Co. Ltd.
  • TransAlta Utilities Corp.
  • Tsuu T'ina Energy Corp.
  • Tusk Energy Inc.
  • United Penn Oil & Gas Ltd.
  • Velvet Exploration Ltd.
  • Vermilion Resources Ltd.
  • Vintage Energy (Canada) Ltd.
  • Western Geco Canada Ltd.
  • Westhill Resources Ltd.
  • White Bear Oil & Gas Ltd.
  • Winstar Resources Ltd.
  • Young West Resources Ltd.
  • Zargon Oil & Gas Ltd.
  • Alberta Power Ltd.
  • Alexis Band Oil & Gas Corp.
  • Amber Energy Inc.
  • Apache Canada Ltd.
  • Apex Energy Canada Inc.
  • Archean Energy Ltd.
  • Ascot Energy Resources Ltd.
  • Atco Midstream Ltd.
  • Atlas Energy Ltd.
  • Auburn Energy Ltd.
  • Allied Oil & Gas Corp.
  • Baytex Energy Ltd.
  • Belair Energy Corp.
  • Berkley Resources Inc.
  • Best Pacific Resources Ltd.
  • Birchhill Resources Ltd.
  • Blue Parrot Resources Inc.
  • Bonavista Petroleum Ltd.
  • Boniwell Energy Corp.
  • Burlington Resources Canada Ltd.
  • C2 Energy Inc.
  • Cadelle Oil Ltd.
  • Canadian Blackhawk Energy Inc.
  • Canadian Hunter Exploration Ltd.
  • Canadian Jorex Ltd.
  • Canadian Mustang Energy Inc.
  • Canadian Natural Resources Ltd.
  • Canadian Pioneer Energy Inc.
  • Cannot Resources Inc.
  • Capture Energy Ltd.
  • Castle River Resources Ltd.
  • Celsius Energy Resources Ltd.
  • Chevron Canada Ltd.
  • Coastal Resources Ltd.
  • Compton Petroleum Corp.
  • Domcan East
  • Dorchester Energy Inc.
  • Dumess Resources Inc.
  • Dynamic Oil & Gas Inc.
  • Energy North Inc.
  • Enermark Inc.
  • Enerplus Resources Corp.
  • Enerpro Midstream Inc.
  • Enlight Energy Corp.
  • Eurogas Corp.
  • Exxonmobil Canada Energy
  • Federated Co-Operatives Ltd.
  • Fletcher Challenge Energy Canada Inc.
  • Freehold Resources Inc.
  • Gibson Petroleum Company Ltd.
  • Glencoe Resources Ltd.
  • Grad & Walker Energy Corp.
  • Hadrian Energy Corp.
  • Harvard International Resources Ltd.
  • Home Oil Company Ltd.
  • Horse Lake Oil & Gas Corp.
  • Impact Exploration Services Inc.
  • Indra Oil & Gas Ltd.
  • International Reef Resources Ltd.
  • Island Lake Development Corp.
  • Java Energy Inc.
  • Husky Oil Operations Ltd.
  • Canadian Association of Petroleum Producers
  • Shell Canada Ltd.
  • Alberta Energy and Utilities Board
  • Alberta Department of Energy
  • BC Oil and Gas Commission
  • Manitoba Department of Industry, Trade and Mines
  • New Brunswick
  • Ontario
  • Quebec
  • Saskatchewan Department of Industry and Resources
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