June 28, 2018: Comments received and amendments to the proposed Regulations as pre-published in Canada Gazette, Part 1 (CGI) and First Nations Gazette (FNG)

Indian Oil and Gas Canada
100, 9911 Chiila Boulevard
TsuuT'ina, Alberta  T2W 6H6
Tel. : 403-292-5625
Fax: 403-292-5618

 

June 28, 2018

RE: Comments received and amendments to the proposed Regulations as pre-published in Canada Gazette, Part I (CGI) and First Nations Gazette (FNG)

Dear Chief and Council:

In my letter of May 22, 2018, I announced the pre-publication of the proposed Indian Oil and Gas Regulations (proposed regulations) in CGI and their simultaneous publication in the FNG. I invited you to review and to provide your feedback, if any, on the proposed regulations that will entirely replace the existing Indian Oil and Gas Regulations, 1995

I would like to thank those First Nations and First Nation organizations who provided feedback and comments on the proposed regulations. If Chief and Council have not had an opportunity to review and comment but would like the opportunity, the proposed regulations can be found at the CGI website www.canadagazette.gc.ca and FNG website at www.fng.ca.The comment period for both publications is open until August 17, 2018. 

Indian Oil and Gas Canada (IOGC) received feedback and comments relating to two areas: Continuation and Assignment that are addressed separately below:

Continuation

IOGC received comments that a discrepancy existed in section 63 regarding subsection (f) and (g). 

Section 63(f) provides for an indefinite continuance on lands within the spacing unit "that is not producing but is shown by mapping to be potentially capable of producing from the same pool" which should have been regarded in the same manner as section 63(g) "potentially productive." Therefore, section 63(f) "mapped lands" will qualify for a one (1) year continuance instead of indefinite continuance.

IOGC agrees with the comments and is proposing to make the correction to the final version before publication in Part II of the Canada Gazette.

Assignment

A new provision, section 25, under Approval of Assignment requires a meeting between the assignee and Council, if Council requests, prior to the approval of the assignment. The provision provides that "the assignee must meet with the council at its request" and provides for a delay of the Minister's approval of the assignment for 15 days, to allow time for the meeting to occur. 

The proposed change would provide for the Minister to refuse the assignment if the meeting is requested by Council but the meeting did not occur. IOGC further proposes to provide for a declaration that the meeting occurred, or that the meeting was waived by the First Nation on the application form for assignment. Therefore, the meeting would have to occur, if requested, before the application form is submitted for approval or the Minister must refuse the assignment.

IOGC agrees with the comments and is proposing to make the correction to the final version before publication in Part II of the Canada Gazette.

IOGC would like to once again thank the First Nations and First Nation organizations for any comments that have been provided on the proposed regulation. If you and your Council have any further comments, please visit the CGI website at www.canadagazette.gc.ca or the FNG website at www.fng.ca before August 17, 2018. It is anticipated the 2009 Act and proposed regulation could both come into force early in calendar year 2019.

If you would like IOGC to provide a detailed presentation on the proposed regulations at your office, please contact Pamela McNeil, Manager, Policy at (403) 292-5654, email: pamela.mcneil@canada.ca, or Shirley Conrad, Acting Communications Manager, at (403) 292-5872, email: shirley.conrad@canada.ca

Sincerely,

Strater Crowfoot
Executive Director and CEO

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