Oil and Gas Conservation Act RSS 1978, c O-2 (Saskatchewan O&G Act)

Jurisdiction(s)
Instrument Date
2008
Effective Date
Instrument Type
Primary
Relevant Regulatory Authority
Ministry of Energy and Resources
Purpose and Context
Section 3 of the Saskatchewan O&G Act states that the objects of the Act, as relevant to CO2 injection and storage, are: (f)       to protect the environment, property and the safety of the public with respect to the operations of the oil and gas industry; (g)      to regulate the injection, storage and withdrawal of substances into or from subsurface formations in a manner that ensures that: (i)       the substance is properly stored; (ii)      the environment, property and the safety of the public are protected; and (iii)    other subsurface resource uses are not unduly diminished; (h) to regulate the injection of oil and gas waste and non-oil-and-gas substances into subsurface formations.
Relevant links
Instrument Access Date
23 August 2012
I. Regulatory scope and definitions
Definitions

Article/Section No.

Section 2

Instrument Text

INTERPRETATION

Interpretation

2(1)

In this Act: (a)           Repealed. 1990-91, c.39, s.3.

(a.1) “board” means the Oil and Gas Conservation Board established pursuant to section 7;

(b)

(c)

Repealed. 2011, c.11, s.3. Repealed. 1990-91, c.39, s.3.

“drainage unit” means the area allocated to one or more wells for the

(d) purpose of drilling for and producing oil or gas, and includes subsurface areas bounded by the vertical planes in which the surface boundaries lie;

(d.1)    “electronic” means created, recorded, transmitted or stored in digital or other intangible form by electronic, magnetic or optical means or by any other similar means;

(e)        “field” means the general area underlaid by one or more pools; (e.1) “fund advisory committee” means the fund advisory committee

established pursuant to section 20.92;

(f) “illegal gas” means gas produced from any well in the province in violation of this Act or any regulation or order made under the authority thereof;

(g) “illegal oil” means oil produced from any well in the province in violation of this Act or any regulation or order made under the authority thereof;

(h)       “illegal product” means a commodity derived in whole or in part from illegal oil or illegal gas;

(h.1)    “licence” means a licence issued pursuant to section 9 or 14;

(h.2)        “licensee” means a person who holds a licence and includes a trustee or receiver-manager of property of a licensee;

(j) time being the administration of this Act is assigned;

(j.01)   “ministry” means the ministry over which the minister presides; (j.1)   “non-oil-and-gas substance” means any substance, other than oil

and gas waste, from a prescribed industry;

(j.2)     “oil and gas waste” means physical waste as that term is ordinarily understood in relation to the activities of the oil and gas industry, but does not include physical waste prescribed for the purposes of this clause;

(j.3) “orphan fund” means the Oil and Gas Orphan Fund continued pursuant to section 20.91;

(k)       “owner” means a person who has the right to produce oil or gas from a pool and appropriate the oil or gas that person produces from the pool to the person, to other persons or to the person and other persons;

(l)         “pool” means:

(i)

an underground reservoir that:

(A)       contains or appears to contain an accumulation of oil or gas; and

(B) is separated or appears to be separated from any other reservoir or accumulation in the general structure;

a portion of an underground reservoir described in subclause (i) that

(ii) is determined by the minister to be a pool for reasons of development or administration; or

(iii)       a group of underground reservoirs described in subclause (i) that is determined by the minister to be a pool for reasons of development or administration;

(l.1)     “prescribed” means prescribed in the regulations; (m)     “producer” means the owner of a well that is capable of producing oil or

gas;

(n)       “product” means a commodity made from oil or gas and includes refined crude oil, crude tops, topped crude, processed crude, processed crude oil, residue from crude oil, cracking stock, uncracked fuel oil, fuel oil, treated crude oil, residuum, gas oil, casinghead gasoline, natural-gas gasoline, lubricating oil, blends or mixtures of oil with one or more liquid products or by-products derived from oil or gas and blends or mixtures of two or more liquid products or by-products derived from oil or gas, whether or not mentioned herein;

(n.1)    Repealed. 2011, c.11, s.3. (n.2)          Repealed. 2011, c.11, s.3.

(n.3) “registry” means the petroleum registry established pursuant to section 66;

(o) Repealed. 1990-91, c.39, s.3.

(p) “wasteful operations” means:

(i)         the inefficient, excessive or improper use of, or the dissipation of, reservoir energy;

(ii)        the locating, spacing, drilling, equipping, completing or operating of or producing from a well in a manner that causes, or is likely to cause:

(A)       a reduction in the quantity of oil or gas ultimately recoverable from a pool under prudent and proper operations and practices; or

(B)       unnecessary or excessive surface loss or destruction of oil or gas;

(iii)       the inefficient or improper storage of oil or gas, whether on the surface or in a subsurface formation; or

(iv)          the escape or the flaring of gas, if in the opinion of the minister, having regard to prudent and proper operations and practices, the gas could be gathered, processed if necessary, and the gas or the products from it marketed, stored for future marketing or beneficially injected into a subsurface formation.

(2) For the purposes of this Act, in the expressions “oil and gas” and “oil or gas” the word “and” includes “or” and the word “or” includes “and”.

Enhanced oil recovery (EOR)

Summary

Under section 17 of the Saskatchewan O&G Act, the Minister can make orders respecting operations to increase or improve recovery of oil, gas or other products. Under section 17.1, the Minister can make orders approving plans for increasing or improving oil or gas recovery or operations including by, among other things, the introduction of any substance into the producing formation.

The Lieutenant Governor in Council can make regulations under section 18(i) governing operations to increase ultimate recovery, including by, among other things, the introduction of gas or other substances into producing formations. 

Article/Section No.

Section 18(i)

Instrument Text

PART III

Regulations and Orders

Powers of minister

17(1)   Without limiting the generality of section 6, the minister may make orders, on the minister’s own motion or on the application of an interested person:

(a) respecting the establishing of:

(i) fields, pools, spacing areas or zones;

(ii) drainage units;

(iii) set-back distances;

(iv) target areas;

(b)  respecting and limiting the number and types of wells that may exist in a drainage unit;

(c)        respecting the spacing of wells;

(d)       regulating, limiting and allocating production from one or more wells, blocks or areas, including but not limited to:

(i) establishing:

(A)       a maximum allowable rate of production from a well, block or area; or

(B) different:

(I)        maximum allowable rates of production; or

(II) methods of determining maximum allowable rates of production;

for a well, type of well, block or area; and

(ii) authorizing production according to good production practices for a well, type of well, block or area;

(e) limiting the amount of gas or water that may be produced with oil from a well or wells;

(f)        limiting the production of oil from a well or wells that produce gas or water in excess of the amount of gas or water limited by an order pursuant to clause (e);

(g)        respecting the drilling, plugging, producing and operating of wells and other operations related to the production of oil or gas;

(h) respecting operations to increase or improve recovery of oil, gas or products;

(i)         respecting the completing, chemical treating and fracturing of wells;

(j)        respecting the taking of cores, the making of logs and the submitting of core and log analyses to the minister;

(k)       respecting the containment, storage, handling, transportation, treatment, processing, recovery, reuse, recycling, destruction and disposal of oil and gas waste anywhere in Saskatchewan and non-oil-and-gas substances at a licensed facility or well or associated site;

(l)         classifying wells as oil or gas wells if the minister considers it necessary for the application and enforcement of this Act;

(m)      respecting the conditions under which drilling and producing operations may be carried out in environmentally sensitive areas and any special measures to be taken in those operations;

(n) respecting the processing and storing of:

(i)         oil, condensate and gas;

(ii)        oil, condensate and gas products and by-products; and

(iii)       non-oil-and-gas substances at a licensed facility or well or associated site;

(o) respecting any other matter that the minister considers necessary or incidental to the carrying out of the minister’s duties or the exercising of the minister’s powers pursuant to this Act or the regulations.

(2) Notwithstanding anything in this Act or the regulations, the minister may include in an order pursuant to subsection (1) any terms and conditions that the minister considers advisable.

II. The scope and management of rights
III. Permitting storage site exploration, project development and CO2 injection
Environmental protection and impact assessment

Summary

Under section 12(1) of the Saskatchewan O&G Act, the Minister may amend or suspend a licence if necessary for the purposes of public safety or the safety of any person or for the protection of the environment.

Under section 17.01, the Minister may order a person to suspend the operation of a well or facility, or abandon, restore, remediate, or reclaim the well or facility, if the Minister considers it necessary for the purposes of public safety or the safety of any person, or for the protection of property or the environment.

If a person fails to comply with such an order, under section 17.03 the Minister may carry out the order or cause it to be carried out, and recover the cost of this from the person as a debt.

The Lieutenant Governor in Council can make regulations under:

  1. section 18(d), prescribing drilling operations methods and well management and conduct for the purposes of, among other things, protection of the environment, life and property; and
  2. section 18(t), prescribing and governing any measures or requirements considered necessary to protect the environment.

Article/Section No.

Section 12
Section 17.01
Section 17.02
Section 17.03
Section 17.04
Section 17.041
Section 18(d)
Section 18(t)

Instrument Text

Amendment, suspension, cancellation of licences

12(1)   The minister may amend or suspend a licence where the amendment or suspension is necessary for the purposes of public safety or the safety of any person or for the protection of property or the environment.

(2)       The minister may amend, suspend or cancel a licence if:

(a) the licensee is in agreement with the amendment, suspension or cancellation;

(b) the licensee fails to comply with a notice issued pursuant to subsection 11(1) within the period specified in the notice;

(c)        the security required pursuant to section 15 has not been provided in the amount and within the time required; or

(d)           the licensee has contravened any provision of this Act or the regulations or has failed to comply with any order made pursuant to this Act.

(3) Unless, in the minister’s opinion, action is urgently required, the minister shall not amend, suspend or cancel a licence pursuant to clause (2)(b), (c) or (d) unless the licensee has been given a reasonable opportunity to make representations to the minister, in a form and manner determined by the minister, concerning the proposed amendment, suspension or cancellation.

(4)           Where the minister amends, suspends or cancels a licence without giving the licensee an opportunity to make representations to the minister, the minister shall:

(a)       notify the licensee as soon as possible that the licence has been amended, suspended or cancelled; and

(b) provide the licensee with an opportunity to make representations within 15 days after the date of the amendment, suspension or cancellation.

(5) Repealed. 2011, c.11, s.16.

[…]

Minister’s orders for the protection of the environment

17.01(1)          Notwithstanding any licence, permit or approval, if, in the minister’s opinion, it is necessary to do so for the purposes of public safety or the safety of any person, for the protection of property or the environment or for any other prescribed purpose, the minister may order any person to:

(a)       suspend the operation of any well, structure test hole, oil shale core hole, flowline or facility in the manner and within the time specified in the order; and

(b)       abandon, restore, remediate or reclaim any well, structure test hole, oil shale core hole, flowline or facility, or the site of any well, structure test hole, oil shale core hole, flowline, or facility, in the manner and within the time specified in the order.

(2) The minister may, in an order made pursuant to this section, specify:

(a)       the manner in which the order is to be carried out and the method or procedures to be used; and

(b)       the time within which anything required by the order is to begin and the time within which the order or any part of the order is to be complied with.

Service of order

17.02  An order made pursuant to section 17.01 is to be served on the person to whom the order is directed.

2001, c.26, s.7.

Minister may carry out order

17.03 Where a person to whom an order made pursuant to section 17.01 is directed fails to comply with the order in the specified manner or within the specified time, the minister may:

(a)       carry out the order or cause the order to be carried out; and

(b)       recover the costs and expenses incurred pursuant to clause (a) on behalf of the Crown in right of Saskatchewan, as a debt due to and recoverable by the Crown, from the person who failed to comply with the order.

2001, c.26, s.7.

Power to take immediate action

17.04(1)          Notwithstanding section 17.01, if the minister considers it in the public interest to take immediate action or is unable to readily identify or locate the person to whom an order pursuant to section 17.01 should be directed, the minister may, in any manner and by any method the minister considers appropriate:

(a)       suspend the operation of any well, structure test hole, oil shale core hole, flowline or facility; and

(b)       abandon, restore, remediate or reclaim any well, structure test hole, oil shale core hole, flowline or facility, or the site of any well, structure test hole, oil shale core hole, flowline or facility.

(2) The amount of any costs and expenses incurred with respect to any action taken pursuant to subsection (1) is a debt due to and recoverable by the Crown in right of Saskatchewan from the person identified by the minister as the person to whom an order would have been directed if the minister had not acted pursuant to subsection (1).

Entry on land re minister’s order

17.041(1) A person carrying out suspension, abandonment, restoration, remediation or reclamation operations pursuant to section 17.01 or 17.04 may enter on or pass over any land, whether enclosed or not, for the purposes of carrying out the suspension, abandonment, restoration, remediation or reclamation.

(2)       Before entering on any land pursuant to subsection (1), the person shall give prior written notice of the person’s intention to enter on or pass over the land to the land owner and to the occupant, unless it is impractical under the circumstances to do so.

(3) If a person who attempts to enter on or pass over any land pursuant to subsection (1) is prevented from entering on or passing over the land, that person may apply to a justice or a provincial court judge for a warrant pursuant to subsection (4).

(4)       A justice or a provincial court judge may issue a warrant, if the justice or the provincial court judge is satisfied by information under oath that there are reasonable grounds to believe that the following circumstances exist:

(a)       entry to the land is necessary for the purpose set out in subsection (1); and

(b)       the person has been denied entry to the land mentioned in subsection (1) for the purpose set out in that subsection.

(5)       A warrant issued pursuant to subsection (4) authorizes the person named in the warrant to enter the land named in the warrant to:

(a)       examine or pass over the land; and

(b)       carry out the activities mentioned in subsection (1).

(6)       A person who enters on or passes over any land pursuant to subsection (1) shall compensate the land owner or occupant for:

(a)       direct expenses and for any damage to the land owner’s or occupier’s land or property arising directly from that entry; and

(b)       use of land outside the surface lease area.

(7)       If a dispute arises as to the compensation payable pursuant to subsection (6), the compensation is to be determined pursuant to The Surface Rights Acquisition and Compensation Act.

[…]

Power of Lieutenant Governor in Council

18        The Lieutenant Governor in Council may make regulations deemed necessary to carry out the provisions of this Act according to their true intent and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations:

[…]

(d)       prescribing the methods of operation to be observed during drilling and in the subsequent management and conduct of any well:

(i) for the protection of the environment, life and property;

(ii) for the prevention and extinguishment of fires;

(iii) for the prevention of the blowing out of control of wells; and

(iv) for the prevention of pollution of fresh water supplies;

[…]

(t) prescribing and governing any measures or requirements that the Lieutenant Governor in Council considers necessary to protect the environment.

Permitting CO2 injection and storage

Summary

Under sections 8 and 8.01 of the Saskatchewan O&G Act respectively, no person may:

  1. drill a well or undertake any drilling or injecting operations; or
  2. construct or operate a facility,

unless the person holds a valid licence authorising the activity.

 

Applications for licenses are to be made in accordance with section 8.1.

 

Under section 9, the Minister may issue a licence, subject to any terms and conditions considered appropriate, if the Minister is satisfied that:

  1. the applicant has complied with the Act and the regulations and meets the prescribed eligibility requirements; and
  2. issuance of the licence is in the public interest.

 

Section 9.1 stipulates that licensees must comply with the terms and conditions of their licenses. The Minister may issue a licensee with a notice of failure to comply under section 11 if, among other things, the Minister believes that the licensee has failed to comply with the Act, the regulations, any term or condition of the licence or any order made pursuant to the Act. Licensees must comply with such a notice within the period specified therein.

 

Under section 12, the Minister may:

  1. amend or suspend a licence if necessary for the purposes of public safety or the safety of any person or for the protection of the environment; or
  2. amend, suspend or cancel a licence if the licensee agrees with such action, or fails to comply with a notice issued under section 11, or the security required under section 15 has not been provided, or the licensee has contravened the Act, the regulations or an order made under the Act.

 

Section 12.2 provides that if a licence is suspended or cancelled, the responsibility of the licensee will continue with respect to any obligations of the licensee under the Act, the regulations, any orders made under the Act and any terms or conditions of the licence.

ces for7� elp'� �f well, block or area;

 

(e) limiting the amount of gas or water that may be produced with oil from a well or wells;

(f)        limiting the production of oil from a well or wells that produce gas or water in excess of the amount of gas or water limited by an order pursuant to clause (e);

(g)        respecting the drilling, plugging, producing and operating of wells and other operations related to the production of oil or gas;

(h) respecting operations to increase or improve recovery of oil, gas or products;

(i)         respecting the completing, chemical treating and fracturing of wells;

(j)        respecting the taking of cores, the making of logs and the submitting of core and log analyses to the minister;

(k)       respecting the containment, storage, handling, transportation, treatment, processing, recovery, reuse, recycling, destruction and disposal of oil and gas waste anywhere in Saskatchewan and non-oil-and-gas substances at a licensed facility or well or associated site;

(l)         classifying wells as oil or gas wells if the minister considers it necessary for the application and enforcement of this Act;

(m)      respecting the conditions under which drilling and producing operations may be carried out in environmentally sensitive areas and any special measures to be taken in those operations;

(n) respecting the processing and storing of:

(i)         oil, condensate and gas;

(ii)        oil, condensate and gas products and by-products; and

(iii)       non-oil-and-gas substances at a licensed facility or well or associated site;

(o) respecting any other matter that the minister considers necessary or incidental to the carrying out of the minister’s duties or the exercising of the minister’s powers pursuant to this Act or the regulations.

(2) Notwithstanding anything in this Act or the regulations, the minister may include in an order pursuant to subsection (1) any terms and conditions that the minister considers advisable.

Article/Section No.

Section 8
Section 8.01
Section 8.1
Section 9
Section 9.1
Section 9.2
Section 10
Section 10.1
Section 10.2
Section 10.3
Section 11
Section 12
Section 12.2
Section 13
Section 14

Instrument Text

PART II

Licences

Licence for well

8(1) No person shall commence to drill a well, undertake any operations preparatory or incidental to the drilling of a well, continue any drilling operations, any producing operations or any injecting operations, or suspend the operation of or abandon a well unless the person holds a valid licence authorizing the activity.

(2)       Notwithstanding subsection (1), a person may, without a licence: (a)   survey the site for a well; or

(b)       on the direction or with the consent of the minister undertake operations to suspend or abandon a well.

(3)           No person shall drill a well other than at the location specified in the licence or, if the licence has been amended with respect to the location of the well, at the location specified in the amendment.

Licence for facility

8.01(1)            No person shall commence to construct or to operate a facility, undertake any operations preparatory or incidental to the construction or operation of a facility, continue any construction or operation of a facility or suspend the operation of or abandon a facility unless:

(2)

(a)       the person holds a valid licence authorizing the activity; or

(b) the facility is exempt from the requirement of holding a licence by regulation.

Notwithstanding subsection (1), a person may, without a licence: (a)  survey the site for a facility; or

(b)       on the direction or with the consent of the minister undertake operations to suspend or abandon a facility.

2011, c.11, s.9.

Application for licence

8.1       An applicant for a licence shall: (a)            apply to the minister in a form and manner satisfactory to the minister;

(b)       provide the minister with any other information or material that the minister may reasonably require;

(c) if required by the regulations, submit to the minister the prescribed orphan fund fee;

(d) if required pursuant to section 15, file security with the minister in accordance with that section;

(e)        provide evidence satisfactory to the minister that the applicant meets the prescribed eligibility requirements; and

(f)        submit to the minister any prescribed fees.

Issuance of licence

9(1)

The minister may:

(a)       issue a licence if the minister is satisfied that:

(i)         the applicant has complied with this Act and the regulations;

(ii)        the applicant meets the prescribed eligibility requirements; and

(iii)       it is in the public interest to do so; or

(b)       refuse to issue the licence.

(2) The minister may include as a provision of the licence any terms and conditions that the minister considers appropriate.

(3)           Where the minister refuses to issue a licence pursuant to clause (1)(b), the minister shall provide the applicant with written reasons for the refusal.

Compliance with licence required

9.1       Every licensee shall comply with the terms and conditions of the licence. 2001, c.26, s.5.

Agreement to transfer licence - ministerial approval required

9.2(1)  This section applies to an agreement to sell or otherwise dispose of the licensee’s interest in a well or facility that:

(a)       was in existence on or before the day on which this section comes into force; or

(b)       is entered into on or after the day on which this section comes into force.

(2)       Subject to subsection (3), if a licensee enters into an agreement to sell or otherwise dispose of the licensee’s interest in a well or facility, the licensee must apply for a transfer of a licence within 14 days after signing the agreement.

(3)       In the case of an agreement that was in existence on or before the day on which this section comes into force, a licensee must apply for a transfer of a licence within 14 days after the day on which this section comes into force.

(4)       If the applicant fails to apply for a transfer of a licence in accordance with subsection (2) or (3), the minister may, after giving any notice that the minister considers reasonable, order the shut-down of a well or facility, the operation of which contravenes this section, and prohibit the operation of the well or facility until the minister orders otherwise.

2011, c.11, s.11.

Transfer of licence restricted

10(1) A licence may not be transferred without the written approval of the minister.

(2) A licensee who intends to transfer a licence to another person shall:

(a)       apply to the minister in a form and manner satisfactory to the minister;

(b)       provide the minister with any other information or material that the minister may reasonably require; and

(c)        submit to the minister any prescribed fees.

(3) The minister may:

(a) approve the transfer of the licence if the minister is satisfied that:

(i)         the licensee and the person to whom the licence is to be transferred have complied with this Act and the regulations;

(ii)        if required by the regulations, the licensee and the person to whom the licence is to be transferred have submitted the prescribed orphan fund fee;

(iii)          if required pursuant to section 15, the licensee and the person to whom the licence is to be transferred have filed security with the minister in accordance with that section;

(iv) the person to whom the licence is to be transferred meets the prescribed eligibility requirements for an applicant for a licence; and

(v)           it is in the public interest to do so; or

(b) refuse to approve the transfer of the licence.

(4) If the minister approves the transfer of the licence, the minister may amend the licence to include any terms and conditions that the minister considers appropriate.

(5) If the minister refuses to approve the transfer of a licence pursuant to clause (3)(b), the minister shall provide the licensee with written reasons for the refusal.

(6)       The minister shall not unreasonably withhold approval for the transfer of a licence.

2011, c.11, s.12.

Transfer of licence where licensee does not meet eligibility requirements

10.1(1)            Where a licensee does not meet the prescribed eligibility requirements for an applicant for a licence, another person who meets the eligibility requirements may apply to the minister to have the licence transferred to that person.

(2)       A licence may not be transferred pursuant to this section without the written approval of the minister.

(2.1)    An applicant for the transfer of a licence pursuant to this section shall:

(a)       apply to the minister in a form and manner satisfactory to the minister;

(b)       provide the minister with any other information or material that the minister may reasonably require;

(c) if required by the regulations, submit to the minister the prescribed orphan fund fee;

(d) if required pursuant to section 15, file security with the minister in accordance with that section;

(e)        provide evidence satisfactory to the minister that the applicant meets the prescribed eligibility requirements for an applicant for a licence; and

(f)        submit to the minister any prescribed fees. (3)      The minister may:

(a) subject to subsection (4), approve the transfer of the licence if the minister is satisfied that:

(i)         the person to whom the licence is to be transferred has complied with this Act and the regulations;

(ii)        if required by the regulations, the licensee and the person to whom the licence is to be transferred have submitted the prescribed orphan fund fee;

(iii)       if required pursuant to section 15, the licensee and the person to whom the licence is to be transferred have filed security with the minister in accordance with that section;

(iv) the person to whom the licence is to be transferred meets the prescribed eligibility requirements for an applicant for a licence; and

(v)       it is in the public interest to do so; or

(b) refuse to approve the transfer of the licence.

(4) The minister shall not transfer the licence unless the minister has provided the licensee with not less than 30 days’ notice in writing, directed to the licensee’s address for service registered pursuant to section 53, of the minister’s intention to transfer the licence.

(5)       Where the minister approves the transfer of the licence, the minister may amend the licence to include as a provision of the licence any terms and conditions that the minister considers appropriate.

(6)       Where the minister refuses to approve the transfer of a licence pursuant to clause (3)(b), the minister shall provide the applicant with written reasons for the refusal.

2001, c.26, s.5; 2007, c.7, s.4; 2011, c.11, s.13.

Transfer of licence in the public interest

10.2(1)            The minister may make an order directing the transfer of a licence to a person who, in the opinion of the minister, has the right or obligation to receive it, whether or not the person consents to the transfer.

(2)       Before the minister acts pursuant to subsection (1), the minister shall give to the person to whom the licence is to be transferred and the person from whom the licence is to be transferred:

(a)       written notice of the minister’s intended action and the reasons for the intended action; and

(b)       an opportunity to make written representations to the minister, within 30 days after the written notice mentioned in clause (a) is given, as to why the intended action should not be taken.

 (3) The minister is not required to give an oral hearing to any person to whom a notice has been given pursuant to subsection (2).

 (4) After considering any representations made pursuant to clause (2)(b), the minister shall issue a written decision and shall serve a copy of the decision made pursuant to this section on any person to whom notice was given pursuant to subsection (2).

(5) If the minister makes an order directing the transfer of the licence, the minister may amend the licence to include any terms and conditions that the minister considers appropriate.

(6)       An order of the minister directing the transfer of a licence pursuant to this section has the same effect as a transfer approved pursuant to section 10.

2011, c.11, s.14.

Transfer only effective on approval

10.3    A transfer of a licence has no effect until the minister has approved the transfer in writing.

2011, c.11, s.14.

Notice of failure to comply

11(1)   The minister may issue a notice of failure to comply to a licensee if:

(a) the minister has reasonable grounds to believe that: (i)         the licensee has failed to comply with:

(A)       this Act or the regulations;

(B)       any term or condition of a licence; or

(C)       an order made pursuant to this Act; or

(ii)        the licensee ceases to meet the prescribed eligibility requirements for an applicant for a licence; or

(b) the licensee is named in a declaration pursuant to section 53.6.

(2) No licensee that receives a notice of failure to comply pursuant to subsection (1) shall fail to comply with the notice within the period specified in the notice.

Amendment, suspension, cancellation of licences

12(1)   The minister may amend or suspend a licence where the amendment or suspension is necessary for the purposes of public safety or the safety of any person or for the protection of property or the environment.

(2)       The minister may amend, suspend or cancel a licence if:

(a) the licensee is in agreement with the amendment, suspension or cancellation;

(b) the licensee fails to comply with a notice issued pursuant to subsection 11(1) within the period specified in the notice;

(c)        the security required pursuant to section 15 has not been provided in the amount and within the time required; or

(d)       the licensee has contravened any provision of this Act or the regulations or has failed to comply with any order made pursuant to this Act.

(3) Unless, in the minister’s opinion, action is urgently required, the minister shall not amend, suspend or cancel a licence pursuant to clause (2)(b), (c) or (d) unless the licensee has been given a reasonable opportunity to make representations to the minister, in a form and manner determined by the minister, concerning the proposed amendment, suspension or cancellation.

(4)       Where the minister amends, suspends or cancels a licence without giving the licensee an opportunity to make representations to the minister, the minister shall:

 (a)      notify the licensee as soon as possible that the licence has been amended, suspended or cancelled; and

(b) provide the licensee with an opportunity to make representations within 15 days after the date of the amendment, suspension or cancellation.

(5) Repealed. 2011, c.11, s.16.

Obligations continue

12.2    If a licence is suspended or cancelled: (a) all rights and privileges conveyed by the licence are suspended or

cancelled, as the case may be; and

(b) notwithstanding the suspension or cancellation of a licence, the responsibility of the licensee and any working interest participant in the well, facility or associated flowline, and the well site and facility site, continues after the suspension or cancellation of the licence with respect to any obligations of the licensee pursuant to:

(i) this Act;

(ii) the regulations;

(iii) any orders made pursuant to this Act;

(iv) or any terms or conditions of the licence.

Wells to be named

13        Every well is to have a unique name approved by the minister.

Transitional

14(1)   Subject to subsection (2) and to section 15, if, on the coming into force of this subsection, a licence is required for the operation of a facility that existed on the day before this subsection came into force, the minister may issue a licence to a person who meets the prescribed eligibility requirements for an applicant for a licence as if the person had applied for a licence pursuant to section 8.1 and satisfied the requirements of that section.

(2)       Before issuing a licence pursuant to subsection (1), the minister may require the person to provide to the minister any prescribed information and material and any other information and material that the minister may require.

(3) The minister may include as a provision of the licence any terms and conditions that the minister considers appropriate.

2001, c.26, s.5; 2011, c.11, s.18.

IV. Operating and closing storage facilities
Monitoring, reporting and verification

Summary

Under section 18 of the Saskatchewan O&G Act, the Lieutenant Governor in Council can make regulations:

  1. requiring metering or measuring of the flow of substances such as CO2 in pipelines, gathering systems or other places (see section 18(a)(viii));
  2. requiring persons who inject substances such as CO2 into underground reservoirs to maintain complete and accurate records of the quantities of them, and file with the Minister any reports, contracts or other information that may be required (see section 18(a)(ix));
  3. requiring the submission of data, reports, documents, plans, maps, surveys and other information (see section 18(x));
  4. respecting the form in which such materials are to be submitted (see section 18(x.1)); and
  5. governing the development, use and retention of documents in electronic form (see section 18.02).

 

Article/Section No.

Section 18(a)(viii)
Section 18(a)(ix)
Section 18(x)
Section 18(x.1)
Section 18.02

Instrument Text

Power of Lieutenant Governor in Council

18        The Lieutenant Governor in Council may make regulations deemed necessary to carry out the provisions of this Act according to their true intent and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations:

(a) authorizing or requiring:

[…]

(viii)    metering or measuring any of the following substances in pipelines, gathering systems or other places:

(A)       oil or gas; (B) products; (C) water; or (D)  other substances;

(ix) every person who produces, injects, sells, purchases, acquires, stores, consumes, transports, refines or processes oil, gas, water, products or other substances to keep and maintain in Saskatchewan complete and accurate records of the quantities of them, requiring that those records are available for examination by the minister or any person authorized by the minister at all reasonable times, and requiring that person to file with the minister any reports, contracts or other information that may be required with respect to that oil or gas, water, or those products or substances;

[…]

(x) requiring the submission of data, reports, documents, applications, returns, statements, estimates, analyses, declarations, plans, maps, surveys, records and other information;

(x.1)    respecting the form and manner in which data, reports, documents, applications, returns, statements, estimates, analyses, declarations, plans, maps, surveys, records and other information are to be submitted;

Regulations regarding electronic documents and information

[…]

18.02(1)          The Lieutenant Governor in Council may make regulations:

(a) governing the development, use and retention of documents and information in electronic form by the ministry and persons dealing with the ministry in carrying out the business processes of the ministry, including:

(i)         requiring that documents or classes of documents be in an approved electronic format and respecting the manner in which that format is determined or approved, including authorizing the minister to determine the appropriate format;

(ii) governing the methods and means of transmission of approved electronic documents or classes of approved electronic documents, including the establishment of rules, procedures and guidelines for their transmission;

(iii) governing the means by which the identity and authority of persons who create, submit or send approved electronic documents are verified;

(iv)      respecting electronic signatures on approved electronic documents and the legal effect of those signatures; and

(v)       authorizing the minister to determine any of the matters set out in this clause;

(b) providing that a provision in a regulation made pursuant to subclause (a)(i) or (ii) supersedes another Act or regulation of Saskatchewan with respect to the same subject-matter;

(c) governing the legal effect and enforceability of approved electronic documents, certified copies of approved electronic documents and endorsements made on approved electronic documents, including:

(i)         giving an approved electronic document the same effect as if it were in writing and signed;

(ii)        giving an approved electronic document the same probative force as the original electronic document; and

(iii)       exempting an approved electronic document from any requirement at law that a document must be in writing or signed;

(d) authorizing the minister to refuse to accept documents that are not approved electronic documents or do not meet the requirements of or established pursuant to the regulations made pursuant to clauses (a) to (c) with respect to the documents;

(e)        authorizing the minister to establish rules respecting the acknowledgment of receipt of approved electronic documents;

(f)        authorizing the minister to exempt a document or class of document from any requirement of or established pursuant to a regulation made pursuant to clauses (a) to (e), subject to any terms and conditions the minister considers appropriate;

(g)        governing the applicability of regulations made pursuant to clauses (a) to (f) to the business processes administered by the ministry;

(h)       respecting the confidentiality of, and the communication of and access to, reports, returns, estimates, declarations, records and other information obtained pursuant to this Act.

(2) Notwithstanding any other Act or law, if a regulation is enacted pursuant to clause (1)(b), it operates to supersede another Act or regulation of Saskatchewan specified in the regulation.

Inspections

Summary

Under section 7.31 of the Saskatchewan O&G Act, members, officers and employees of the Board, as defined in section 2, can make inquiries and conduct inspections and examinations respecting the business of any person governed by the Act. The Minister has the same powers under section 17.05.

 

The Act also provides for:

  1. members, officers and employees of the Board to conduct investigations and report to the Board on any question or matter referred to the Board (see section 7.3); and

justices and provincial court judges to issue warrants for the entry and search of premises, stopping and entry of vehicles, and seizure and removal of anything that may be evidence of an offence against the Act, where there are reasonable grounds to believe that such an offence has occurred and that evidence of the offence is likely to be found (see sections 7.32 and 17.051).

Article/Section No.

Section 7.3
Section 7.31
Section 7.32
Section 17.05
Section 17.051
Section 17.052
Section 17.053

Instrument Text

Investigation by member, officer etc.

7.3(1)  Unless otherwise directed by the minister, the board, the chairperson or the vice-chairperson may authorize any member of the board or any officer or employee of the board to conduct an investigation and report to the board on any question or matter referred to the board.

(2) For the purposes of conducting an investigation and preparing a report pursuant to subsection (1), the member, officer or employee has all the powers of the board for the purposes of investigating or acquiring the necessary information.

(3)           The board may adopt the report of the member, officer or employee as the report of the board.

Inspections

7.31(1) In this section and in sections 7.32 and 7.33:

(a) “Act” includes the regulations and any orders made pursuant to this Act;

(b) “property” includes computer software;

Notwithstanding any other Act or law, the minister may refuse to hear any

(c) “record” includes any information that is recorded or stored in any medium or by means of any device, including a computer or electronic media.

(2)       A member, officer or employee of the board may make inquiries and conduct inspections and examinations respecting the business and activities of any person governed by this Act.

(3)       Subject to subsection 7.32(4), the member, officer or employee of the board may do all or any of the following things in the course of making an inquiry or conducting an inspection or examination:

(a)       enter any well, plant, facility or any place at which oil or gas is refined, produced, handled, processed or treated or any place used in connection with a well, plant, facility or place at which oil or gas is refined, produced, handled, processed or treated;

(b) enter at any reasonable time premises containing any records or property required to be maintained pursuant to this Act or related to the administration of this Act and inspect those records or that property;

(c) require the person and any agent, representative, partner, director, officer or employee of the person to:

(i)         answer any questions that may be relevant to the inquiry, inspection or examination; and

(ii) provide the member, officer or employee of the board with all reasonable assistance, including using any computer hardware or software or any other data storage, processing or retrieval device or system to produce information;

(d) take any samples or carry out any tests or examinations that the member, officer or employee of the board considers necessary while at any of the places or premises mentioned in clause (a) or (b);

(e)        use any machinery, equipment, appliances or things that the member, officer or employee of the board considers necessary while at any places or premises mentioned in clause (a) or (b);

(f)        in order to produce information, use any computer hardware or software or any other data storage, processing or retrieval device or system that is used in connection with the business or activities of any person governed by this Act;

(g)        remove for examination and copying anything that may be relevant to the inquiry, inspection or examination, including removing any computer hardware or software or any other data storage, processing or retrieval device or system in order to produce information.

(4) The member, officer or employee of the board may serve a written demand on any person requiring that person to produce any records or property:

(a)       required to be maintained pursuant to this Act; or

(b)       related to the administration of this Act.

(5)       No person on whom a written demand is served pursuant to this section shall fail to produce the records or property mentioned in the written demand within the time specified in the written demand.

(6) If the member, officer or employee of the board demands any records or property pursuant to this section, the member may examine the records or property and make copies of the records with reasonable dispatch and promptly return the originals of the records to the person who produced them.

(7)       If the member, officer or employee of the board requires a person to answer questions, to produce a record or other property or to provide assistance in accordance with this section, the person shall do so in the manner and within the period specified by the member, officer or employee of the board.

(8)

The member, officer or employee of the board shall:

(a)       give a receipt for anything that the member, officer or employee of the board removes for examination and copying;

(b)       promptly return anything removed pursuant to this section to the place from which it was removed or any other place agreed to by the member, officer or employee of the board and the person who furnished it; and

(c)        take all reasonable steps to ensure that, if a record is taken, a copy of the record is left at the premises to allow business to be carried on.

2011, c.11, s.8.

Investigations

7.32(1)            If a justice or a provincial court judge is satisfied by information under oath that there are reasonable grounds to believe that an offence against this Act has occurred and that evidence of that offence is likely to be found, the justice or the provincial court judge may issue a warrant to do all or any of the following:

(a) enter and search any place or premises named in the warrant; stop and search any vehicle described in the warrant;

(b) seize and remove from any place, premises or vehicle searched anything

(c) that may be evidence of an offence against this Act.

(2) With a warrant issued pursuant to subsection (1), the member, officer or employee of the board may:

(a) enter at any time and search any place or premises named in the warrant;

(b)       stop and search any vehicle described in the warrant;

(c)        open and examine the contents within any trunk, box, bag, parcel, closet, cupboard or other receptacle that the member, officer or employee of the board finds in the place, premises or vehicle;

(d)       require the production of and examine any records or property that the member, officer or employee of the board believes, on reasonable grounds, may contain information related to an offence against this Act;

(e) remove, for the purpose of making copies, any records examined pursuant to this section; and

(f)        seize and remove from any place, premises or vehicle searched anything that may be evidence of an offence against this Act.

(3) exercise all or any of the powers mentioned in subsection (2) without a warrant issued pursuant to this section if:

Subject to subsection (4), the member, officer or employee of the board may

(a)       the conditions for obtaining a warrant exist; and

(b)       the member, officer or employee of the board has reasonable grounds to believe that the delay necessary to obtain a warrant would result:

(i)         in danger to human life or safety; or

(ii)        in the loss, removal or destruction of evidence.

(4) The member, officer or employee of the board shall not enter any premises that are a private dwelling without the consent of the occupier or a warrant issued pursuant to this section.

[…]

Inspections

17.05(1) In this section and in sections 17.051 and 17.052: (a) “Act” includes the regulations and any orders made pursuant to this Act;

(b) “property” includes computer software;

(c) “record” includes any information that is recorded or stored in any medium or by means of any device, including a computer or electronic media.

(2)       The minister may make inquiries and conduct inspections and examinations respecting the business and activities of any person governed by this Act.

(3)       Subject to subsection 17.051(4), the minister may do all or any of the following things in the course of making an inquiry or conducting an inspection or examination:

(a)       enter any land or any site where a well, structure test hole, oil shale core hole, flowline, or facility is or was located, or any lands affected by any well, structure test hole, oil shale core hole, flowline or facility, whether or not the land is included in a surface lease;

(b) enter at any reasonable time premises containing any records or property required to be maintained pursuant to this Act or related to the administration of this Act and inspect those records or that property;

(c) require the person and any agent, representative, partner, director, officer or employee of the person to:

(i)         answer any questions that may be relevant to the inquiry, inspection or examination; and

(ii)        provide the minister with all reasonable assistance, including using any computer hardware or software or any other data storage, processing or retrieval device or system to produce information;

(d) take any samples or carry out any tests or examinations that the minister considers necessary while at any of the places or premises mentioned in clause (a) or (b);

(e)        use any machinery, equipment, appliances or things that the minister considers necessary while at any places or premises mentioned in clause (a) or (b);

(f)        in order to produce information, use any computer hardware or software or any other data storage, processing or retrieval device or system that is used in connection with the business or activities of any person governed by this Act;

(g)        remove for examination and copying anything that may be relevant to the inquiry, inspection or examination, including removing any computer hardware or software or any other data storage, processing or retrieval device or system in order to produce information.

(4) The minister may serve a written demand on any person requiring that person to produce any records or property:

(a)       required to be maintained pursuant to this Act; or

(b)       related to the administration of this Act.

(5)       No person on whom a written demand is served pursuant to this section shall fail to produce the records or property mentioned in the written demand within the time specified in the written demand.

(6)       If the minister demands any records or property pursuant to this section, the minister may examine the records or property and make copies of the records with reasonable dispatch and promptly return the originals of the records to the person who produced them.

(7)       If the minister requires a person to answer questions, to produce a record or other property or to provide assistance in accordance with this section, the person shall do so in the manner and within the period specified by the minister.

(8) The minister shall:

(a)       give a receipt for anything that the minister removes for examination and copying;

(b)       promptly return anything removed pursuant to this section to the place from which it was removed or any other place agreed to by the minister and the person who furnished it; and

(c)        take all reasonable steps to ensure that, if a record is taken, a copy of the record is left at the premises to allow business to be carried on.

2011, c.11, s.25.

Investigations

17.051(1)       If a justice or a provincial court judge is satisfied by information under oath that there are reasonable grounds to believe that an offence against this Act has occurred and that evidence of that offence is likely to be found, the justice or the provincial court judge may issue a warrant to do all or any of the following:

(a) enter and search any place or premises named in the warrant; stop and search any vehicle described in the warrant;

(b) seize and remove from any place, premises or vehicle searched anything

(c) that may be evidence of an offence against this Act.

(2) With a warrant issued pursuant to subsection (1), the minister may:

(a) enter at any time and search any place or premises named in the warrant;

(b)       stop and search any vehicle described in the warrant;

(c)        open and examine the contents within any trunk, box, bag, parcel, closet, cupboard or other receptacle that the minister finds in the place, premises or vehicle;

(d)       require the production of and examine any records or property that the minister believes, on reasonable grounds, may contain information related to an offence against this Act;

(e) remove, for the purpose of making copies, any records examined pursuant to this section; and

(f)        seize and remove from any place, premises or vehicle searched anything that may be evidence of an offence against this Act.

(3) Subject to subsection (4), the minister may exercise all or any of the powers mentioned in subsection (2) without a warrant issued pursuant to this section if:

(a)       the conditions for obtaining a warrant exist; and

(b)       the minister has reasonable grounds to believe that the delay necessary to obtain a warrant would result:

(i)         in danger to human life or safety; or

(ii)        in the loss, removal or destruction of evidence.

(4)       The minister shall not enter any premises that are a private dwelling without the consent of the occupier or a warrant issued pursuant to this section.

2011, c.11, s.25.

Copies admissible as evidence

17.052 A record certified by the minister, or any person authorized by the minister, to be a copy of a record made pursuant to section 17.05 or 17.051 is admissible in evidence, without proof of the office or signature of the person appearing to have certified the document, and has the same probative force as the original document.

2011, c.11, s.25.

Entry on land re inspection and investigation

17.053            For the purposes of carrying out their duties pursuant to this Act, the minister and any person lawfully accompanying the minister may enter on or pass over any land, whether enclosed or not, without a warrant.

2011, c.11, s.25.

Corrective and remedial measures

Summary

Under section 17.01 of the Saskatchewan O&G Act, the Minister may order a person to suspend the operation of a well or facility, or abandon, restore, remediate, or reclaim the well or facility, if the Minister considers it necessary for the purposes of public safety or the safety of any person, or for the protection of property or the environment.

The Lieutenant Governor in Council can make regulations under section 18(bb) respecting the requirements and standards for the restoration, remediation and reclamation of any area that may have been damaged, contaminated or otherwise affected by oil and gas operations. 

Article/Section No.

17.01
Section 18(bb)

Instrument Text

Minister’s orders for the protection of the environment

17.01(1)          Notwithstanding any licence, permit or approval, if, in the minister’s opinion, it is necessary to do so for the purposes of public safety or the safety of any person, for the protection of property or the environment or for any other prescribed purpose, the minister may order any person to:

(a)       suspend the operation of any well, structure test hole, oil shale core hole, flowline or facility in the manner and within the time specified in the order; and

(b)       abandon, restore, remediate or reclaim any well, structure test hole, oil shale core hole, flowline or facility, or the site of any well, structure test hole, oil shale core hole, flowline, or facility, in the manner and within the time specified in the order.

(2) The minister may, in an order made pursuant to this section, specify:

(a)       the manner in which the order is to be carried out and the method or procedures to be used; and

(b)       the time within which anything required by the order is to begin and the time within which the order or any part of the order is to be complied with.

[…]

Power of Lieutenant Governor in Council

18           The Lieutenant Governor in Council may make regulations deemed necessary to carry out the provisions of this Act according to their true intent and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations:

[…]

(bb) respecting the requirements and standards for the restoration, remediation and reclamation of any area that may have been damaged, contaminated or otherwise affected by oil or gas operations.

Financial security

Summary

Under section 15 of the Saskatchewan O&G Act, the Minister may require or accept from a person security for the purpose of ensuring satisfaction of the person’s obligations with respect to the suspension, abandonment, restoration, remediation or reclamation of wells, facilities and well and facility sites under the Act, the regulations and the relevant licence.

The Lieutenant Governor in Council may make regulations under section 16 with respect to various issues related to the provision of security in accordance with section 15. 

Article/Section No.

Section 15
Section 16

Instrument Text

Security may be required

15(1)   Subject to the regulations, the minister may require or accept from a person a letter of credit or any other form of security provided for in the regulations, in an amount determined by the minister, for the purpose of ensuring that the person’s obligations pursuant to this Act, the regulations or a licence with respect to the suspension, abandonment, restoration, remediation or reclamation of wells, facilities and the sites of wells and facilities are satisfied:

(a)       as a condition of a person becoming a licensee pursuant to section 9, 10, 10.1, 10.2 or 14;

(b)       where a person who is a licensee fails a liability ratings test conducted in accordance with the regulations for the purpose of determining the risk posed by the licensee with respect to the suspension, abandonment, restoration, remediation or reclamation of the wells or facilities in relation to which the licensee holds a licence and the sites of those wells and facilities; or

(c)           in any other prescribed circumstances.

(2) Where the minister requires a person to provide a letter of credit or other form of security provided for in the regulations, the minister shall, in accordance with the regulations, provide that person with notice of the requirement, specifying:

(a)  the form of security to be provided;

(b) the amount of the security to be provided; and

(c) the date by which the security is to be provided.

(3)       Where a person fails to provide the letter of credit or other form of security in the amount required or within the time required, the amount not provided is a debt owing to the minister and may be collected by the minister in any manner the minister considers appropriate, including in the manner provided in section 53.2.

2001, c.26, s.5; 2011, c.11, s.19.

Regulations

16 The Lieutenant Governor in Council may, for the purposes of this Part, make regulations:

(a)       defining, enlarging or restricting the meaning of any word or expression used in this Part but not defined in this Part;

(b)       for the purposes of clause 8.01(1)(b), designating facilities or classes of facilities that are exempt from the requirement of holding a licence;

(c) respecting applications for and the issuance of licences and fees for licences;

(d)       prescribing eligibility requirements for applying for or holding a licence;

(e)        respecting the circumstances in which an applicant for a licence, or a person to whom a licence may be issued, is required to submit the orphan fund fee;

(f) respecting the amendment, suspension and cancellation of licences;

(g) respecting the transfer of licences;

(h) respecting the naming of wells;

(i) respecting letters of credit and other forms of security provided for in section 15;

(j)        prescribing forms of security other than letters of credit for the purposes of section 15;

(k) respecting the conduct of liability ratings tests for the purposes of clause 15(1)(b), including the factors to be considered and the timing and frequency of the tests;

(l) for the purposes of clause 15(1)(c), respecting other circumstances in which a letter of credit or other form of security may be required;

(m)      where payment pursuant to a letter of credit or other form of security is made in favour of the minister, authorizing the minister to deposit the payment or a portion of the payment in the orphan fund;

(n)       prescribing any matter or thing required or authorized by this Part to be prescribed in the regulations;

(o)           respecting any other matter or thing that the Lieutenant Governor in Council considers necessary to carry out the intent of this Part.

Enforcement

Summary

Under section 58.1 of the Saskatchewan O&G Act, the Minister may assess an administrative penalty for prescribed contraventions of the Act, the regulations or an order made under the Act.

 

Section 59(1) sets out a number of offences including, among others:

  1. making or causing to be made a false statement or providing false information;
  2. obstructing or interfering with the Minister or any person acting on behalf of the Minister in the exercise of his or her powers; and
  3. failing to comply with the Act, the regulations or an order made under the Act.

 

Section 59(2) provides that contravention of the Act, the regulations or an order under the Act is an offence subject, on summary conviction, to fines, imprisonment, or both.

 

In addition to or instead of any penalty imposed pursuant to the Act, the convicting court may make orders under section 59.1 requiring, for example:

  1. that the convicted person repair, mitigate or minimise damage to the environment that resulted from the commission of the offence; or
  2. that the convicted person pay compensation to the Minister for the cost of any corrective action taken by the Minister as a result of the commission of the offence.

 

The Act also includes provisions in relation to director liability (see section 59(4)) and vicarious liability (see section 59.2).

 

The Minister may apply to a judge of the Court of the Queen’s Bench under section 63 for an order:

  1. compelling a person to comply with the Act, the regulations, an order under the Act or the terms and conditions of a licence, permit or Minister’s approval; or
  2. enjoining a person from proceeding contrary to any such instrument.

 

Under section 18(j), the Lieutenant Governor in Council can make regulations authorising and governing the shutting in and sealing of wells and the shutting down of facilities and related equipment and operations, for infraction of the Act or any regulation or order.

are@� mtp'� � requirement of holding a licence;

 

(c) respecting applications for and the issuance of licences and fees for licences;

(d)       prescribing eligibility requirements for applying for or holding a licence;

(e)        respecting the circumstances in which an applicant for a licence, or a person to whom a licence may be issued, is required to submit the orphan fund fee;

(f) respecting the amendment, suspension and cancellation of licences;

(g) respecting the transfer of licences;

(h) respecting the naming of wells;

(i) respecting letters of credit and other forms of security provided for in section 15;

(j)        prescribing forms of security other than letters of credit for the purposes of section 15;

(k) respecting the conduct of liability ratings tests for the purposes of clause 15(1)(b), including the factors to be considered and the timing and frequency of the tests;

(l) for the purposes of clause 15(1)(c), respecting other circumstances in which a letter of credit or other form of security may be required;

(m)      where payment pursuant to a letter of credit or other form of security is made in favour of the minister, authorizing the minister to deposit the payment or a portion of the payment in the orphan fund;

(n)       prescribing any matter or thing required or authorized by this Part to be prescribed in the regulations;

(o)           respecting any other matter or thing that the Lieutenant Governor in Council considers necessary to carry out the intent of this Part.

Article/Section No.

Section 11
Section 12
Section 12.2
Section 18(aa)
Section 18(mm.2)
Section 54
Section 58.1
Section 58.2
Section 59
Section 59.1
Section 59.2
Section 59.3
Section 60.1
Section 62
Section 63
Section 64
Section 65

Instrument Text

Notice of failure to comply

11(1)   The minister may issue a notice of failure to comply to a licensee if:

(a) the minister has reasonable grounds to believe that: (i)         the licensee has failed to comply with:

(A)       this Act or the regulations;

(B)       any term or condition of a licence; or

(C)       an order made pursuant to this Act; or

(ii)        the licensee ceases to meet the prescribed eligibility requirements for an applicant for a licence; or

(b) the licensee is named in a declaration pursuant to section 53.6.

(2) No licensee that receives a notice of failure to comply pursuant to subsection (1) shall fail to comply with the notice within the period specified in the notice.

Amendment, suspension, cancellation of licences

12(1)   The minister may amend or suspend a licence where the amendment or suspension is necessary for the purposes of public safety or the safety of any person or for the protection of property or the environment.

(2)       The minister may amend, suspend or cancel a licence if:

(a) the licensee is in agreement with the amendment, suspension or cancellation;

(b) the licensee fails to comply with a notice issued pursuant to subsection 11(1) within the period specified in the notice;

(c)        the security required pursuant to section 15 has not been provided in the amount and within the time required; or

(d)       the licensee has contravened any provision of this Act or the regulations or has failed to comply with any order made pursuant to this Act.

(3) Unless, in the minister’s opinion, action is urgently required, the minister shall not amend, suspend or cancel a licence pursuant to clause (2)(b), (c) or (d) unless the licensee has been given a reasonable opportunity to make representations to the minister, in a form and manner determined by the minister, concerning the proposed amendment, suspension or cancellation.

(4)       Where the minister amends, suspends or cancels a licence without giving the licensee an opportunity to make representations to the minister, the minister shall:

(a)       notify the licensee as soon as possible that the licence has been amended, suspended or cancelled; and

(b) provide the licensee with an opportunity to make representations within 15 days after the date of the amendment, suspension or cancellation.

(5) Repealed. 2011, c.11, s.16.

Obligations continue

12.2    If a licence is suspended or cancelled:

(a) all rights and privileges conveyed by the licence are suspended or

cancelled, as the case may be; and

(b) notwithstanding the suspension or cancellation of a licence, the responsibility of the licensee and any working interest participant in the well, facility or associated flowline, and the well site and facility site, continues after the suspension or cancellation of the licence with respect to any obligations of the licensee pursuant to:

(i) this Act;

(ii) the regulations;

(iii) any orders made pursuant to this Act; or

(iv) any terms or conditions of the licence.

[…]

Power of Lieutenant Governor in Council

18           The Lieutenant Governor in Council may make regulations deemed necessary to carry out the provisions of this Act according to their true intent and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations:

[…]

(aa) respecting penalties for failure to comply with the requirements mentioned in clauses (c), (x) and (x.1), including providing for the manner in which those penalties are to be determined or assessed and authorizing the minister to determine or assess the penalties and to waive all or any portion of a penalty;

[…]

(mm.2)            for the purposes of section 58.1, respecting administrative penalties, including:

(i)         prescribing the amount of an administrative penalty and, for that purpose, prescribing different amounts for different contraventions; and

(ii)           prescribing the contraventions of this Act, the regulations, or an order made pursuant to this Act for which a penalty may be assessed.

[…]

Administrative penalty

58.1(1)            The minister may assess a penalty in the prescribed amount against any person for prescribed contraventions of this Act, the regulations or an order made pursuant to this Act.

(2) Before assessing a penalty, the minister shall provide notice to the person:

(a)       setting out the facts and circumstances that, in the minister’s opinion, render the person liable to a penalty;

(b) specifying the amount of the penalty that the minister considers appropriate in the circumstances; and

(c)        informing the person of the person’s right to make representations to the minister.

(3) No penalty is to be assessed by the minister more than three years after the act or omission that renders the person liable to a penalty first came to the knowledge of the minister.

(4) A person to whom notice is sent pursuant to subsection (2) may make representations to the minister respecting whether or not a penalty should be assessed and the amount of any penalty.

(5)       Representations pursuant to subsection (4) must be made within 30 days after the person received the notice pursuant to subsection (2).

(6)       After considering any representations made pursuant to subsection (5), the minister may:

(a)       assess a penalty and set a date by which the penalty is to be paid in full; or

(b)       determine that no penalty should be assessed.

(7)       The minister shall serve a copy of his or her decision pursuant to subsection (6) on the person who made the representations.

(8)       The minister may file in the Court of Queen’s Bench a certificate signed by the minister and setting out:

(a)       the amount of the penalty assessed pursuant to subsection (6); and

(b)       the person from whom the penalty is to be recovered.

(9)       A certificate filed pursuant to this section has the same force and effect as if it were a judgment obtained in the Court of Queen’s Bench for the recovery of a debt in the amount set out in the certificate, together with reasonable costs and charges with respect to its filing.

(10)     The minister may assess a penalty pursuant to this section notwithstanding that the facts and circumstances giving rise to the penalty arose due to the actions of an employee, helper, contractor or agent of the person required to pay the penalty.

2011, c.11, s.45.

Appeal to the Court of Queen’s Bench re administrative penalty

58.2(1) Any person aggrieved by a decision of the minister to impose an administrative penalty pursuant to section 58.1 may appeal that decision on a question of law to a judge of the Court of Queen’s Bench within 30 days after the date of the minister’s decision.

(2)

The record of appeal pursuant to subsection (1) consists of: (a)            the minister’s decision;

(b)       any written representations made to the minister by the person named in the decision;

(c)  the notice of motion commencing the appeal;

(d) any other prescribed documents or material; and

(e) any other material that the Court of Queen’s Bench may require.

(3) On hearing an appeal pursuant to this section, the judge of the Court of Queen’s Bench may issue an order:

(a) confirming the administrative penalty;

(b) amending the amount of the administrative penalty; or

(c) quashing the minister’s decision to assess an administrative penalty.

(4)           In an order pursuant to subsection (3), the judge of the Court of Queen’s Bench may specify the period within which the order must be complied with.

Offences

59(1)   No person shall:

(a)       make or cause to be made a false statement or provide false information to the minister or any person acting on behalf of the minister in any report, document or other form of communication required pursuant to this Act, the regulations or an order made pursuant to this Act;

(b)       omit or cause to be omitted full, true and correct information in any report, document or other form of communication required pursuant to this Act, the regulations or an order made pursuant to this Act;

(c)        omit to state a fact that is required to be stated or that is necessary to make a statement not misleading in light of the circumstances in which it was made to the minister or any person acting on behalf of the minister;

(d)       destroy, mutilate, alter, falsify or remove from Saskatchewan any report, document, records or other form of communication required by this Act, the regulations or an order made pursuant to this Act or cause any information to be to be destroyed, mutilated, altered, falsified or removed from Saskatchewan;

(e)        obstruct or interfere with the minister or any person acting on behalf of the minister in the exercise of any of the powers conferred by this Act, the regulations or an order made pursuant to this Act; or

(f)            fail to comply with this Act, the regulations or an order made pursuant to this Act.

(2) Every person who contravenes a provision of this Act, the regulations or an order made pursuant to this Act is guilty of an offence and liable on summary conviction to:

(a)       a fine not exceeding $500,000 for each day or part of a day during which the offence continues;

(b)       imprisonment for a term not exceeding one year; or

(c)        both that fine and imprisonment.

(3)       If a person is convicted of an offence pursuant to this Act and the court is satisfied that as a result of the commission of the offence monetary benefits accrued to the offender, the court may order the offender to pay, in addition to a fine pursuant to subsection (2), a fine in an amount equal to the court’s estimation of the amount of those monetary benefits.

(4) Every director, officer or agent of a corporation who directed, authorized, assented to, acquiesced in or participated in an act or omission of the corporation that would constitute an offence by the corporation is guilty of that offence and is liable on summary conviction to the penalties provided for that offence whether or not the corporation has been prosecuted or convicted.

Additional order from convicting court

59.1(1)            In addition to or instead of any penalty imposed pursuant to this Act, the convicting court, having regard to the nature of the offence and the circumstances surrounding its commission, may make an order doing one or more of the following:

(a)       requiring the convicted person to remove a substance in a manner and within the period specified by the order;

(b)       prohibiting the convicted person from doing any act or engaging in any activity that, in the opinion of the court, may result in the continuation of the offence;

(c) directing the convicted person to repair, mitigate or minimize any damage to the environment or subsurface formations that resulted from the commission of the offence in a manner and within the period specified by the order, or to restore or reclaim any property that has been damaged as a result of the commission of the offence in a manner and within the period specified by the order;

(d)       requiring the convicted person to take steps to prevent any damage to the environment or subsurface formations that may result from the commission of the offence in a manner and within the period specified by the order;

(e)        directing the convicted person to pay to the minister an amount of money as compensation, in whole or in part, for the cost of any corrective action taken by or at the direction of the minister as a result of the commission of the offence;

(f)        requiring the convicted person to do any other thing that, in the opinion of the court, is necessary in the circumstances.

(2) An order made pursuant to subsection (1) may contain any other conditions with respect to the circumstances of the offence and of the person who committed or contributed to the commission of the offence as the court considers appropriate to prevent similar unlawful conduct or to contribute to the rehabilitation of the person.

Vicarious liability

59.2    In any prosecution of a person for an offence pursuant to this Act, it is sufficient proof of the offence to establish, in the absence of any evidence that the offence was committed without the person’s knowledge, that it was committed by an employee, helper or agent of the person, whether or not the employee, helper or agent:

(a)       is identified; or

(b)       has been prosecuted or convicted for the offence.

Limitation on prosecutions

59.3    No prosecution for a contravention of this Act or the regulations is to be commenced more than three years after the facts on which the alleged contravention is based first came to the knowledge of the minister.

Offence

60.1    Every person summoned as a witness pursuant to subsection 7.5(5) who refuses or fails to:

(a) attend; (b)            answer questions;

(c) produce documents, records, books, data, plans, maps, specifications, drawings, samples or other property or things;

is guilty of an offence and liable on summary conviction to a fine not exceeding $25,000.

Prosecution does not bar action for damages

62        A prosecution under this Act shall not deprive any person suffering damage or injury of any cause of action he may have.

Minister may apply for compliance order

63(1)   The minister may apply to a judge of the Court of Queen’s Bench for all or any of the following:

(a)       an order compelling a person to comply with this Act, the regulations, an order made pursuant to this Act or the terms and conditions of a licence, permit or minister’s approval;

(b)       an order enjoining any person from proceeding contrary to this Act, the regulations, an order made pursuant to this Act or the terms and conditions of a licence, permit or minister’s approval.

(2) On an application pursuant to this section, the judge of the Court of Queen’s Bench may make the order requested or any other order that the judge considers appropriate on any terms and conditions that the judge considers appropriate.

2011, c.11, s.46.

1990-91, c.39, s.31; 2011, c.11, s.48.

(3)       The minister may apply for an order pursuant to subsection (1) regardless of whether an order pursuant to this Act has been made with respect to the matter.

Effect of payment of penalty and of forfeiture

64        The payment of a penalty shall not operate to legalize any oil, gas or product involved in the violation in respect of which the penalty is imposed; and the payment of a penalty or the forfeiture of any oil, gas or product shall not relieve a person from liability to any other person for damages arising out of the violation in respect of which the penalty is imposed or the forfeiture is incurred.

R.S.S. 1965, c.360, s.63; R.S.S. 1978, c.O-2, s.64.

Remedies for enforcement of regulation or order

65        Where the minister has more than one remedy for the enforcement of any regulation or order or for the payment of any money payable pursuant to any regulation or order made under this Act, the minister may resort to any or all such remedies from time to time as he may deem proper, either concurrently or successively, until such time as the regulation or order has been complied with or the money payable thereunder together with all costs and expenses has been fully paid and satisfied.

R.S.S. 1965, c.360, s.64; R.S.S. 1978, c.O-2, s.65.

Site closure

Summary

Under sections 8 and 8.01 of the Saskatchewan O&G Act respectively, no person may:

  1. suspend the operation of, or abandon, a well; or
  2. suspend the operation of, or abandon, a facility,

unless the person holds a valid licence authorising the activity.

 

Applications for licenses are to be made in accordance with section 8.1, and licenses issued by the Minister in accordance with section 9.

 

Under section 17.06, the Minister may order that machinery, equipment, materials and certain other items at the site of a well or facility be forfeited to the state if:

  1. they are located at the site of a well or facility that is no longer active;
  2. in the Minister’s opinion the abandonment, restoration, remediation or reclamation of the well or facility or the site of the well or facility is required; or
  3. the owner, operator or licensee of the well or facility cannot be located.

 

Under section 18(b), the Lieutenant Governor in Council can make regulations governing the suspension of operations and the abandonment and reconditioning of wells and facilities. 

Article/Section No.

Section 8
Section 8.01
Section 9
Section 9.1
Section 17.06
Section 18(b)

Instrument Text

PART II

Licences

Licence for well

8(1) No person shall commence to drill a well, undertake any operations preparatory or incidental to the drilling of a well, continue any drilling operations, any producing operations or any injecting operations, or suspend the operation of or abandon a well unless the person holds a valid licence authorizing the activity.

(2)       Notwithstanding subsection (1), a person may, without a licence:

(a)       survey the site for a well; or

(b)       on the direction or with the consent of the minister undertake operations to suspend or abandon a well.

(3)           No person shall drill a well other than at the location specified in the licence or, if the licence has been amended with respect to the location of the well, at the location specified in the amendment.

Licence for facility

8.01(1)            No person shall commence to construct or to operate a facility, undertake any operations preparatory or incidental to the construction or operation of a facility, continue any construction or operation of a facility or suspend the operation of or abandon a facility unless:

(a)       the person holds a valid licence authorizing the activity; or

(b) the facility is exempt from the requirement of holding a licence by regulation.

(2) Notwithstanding subsection (1), a person may, without a licence: (a)         survey the site for a facility; or

(b)       on the direction or with the consent of the minister undertake operations to suspend or abandon a facility.

2011, c.11, s.9.

[…]

Issuance of licence

9(1) The minister may:

(a)       issue a licence if the minister is satisfied that:

(i)         the applicant has complied with this Act and the regulations;

(ii)        the applicant meets the prescribed eligibility requirements; and

(iii)       it is in the public interest to do so; or

(b)       refuse to issue the licence.

(2) The minister may include as a provision of the licence any terms and conditions that the minister considers appropriate.

(3)           Where the minister refuses to issue a licence pursuant to clause (1)(b), the minister shall provide the applicant with written reasons for the refusal.

Compliance with licence required

9.1       Every licensee shall comply with the terms and conditions of the licence. 2001, c.26, s.5.

[…]

Forfeiture of machinery, etc.

17.06  The minister may order that any machinery, equipment or materials or oil, gas or products at the site of a well or facility be forfeited to the Crown in right of Saskatchewan if:

(a)       the machinery, equipment or materials or oil, gas or products are located at the site of a well or facility that is no longer active;

(b)       the abandonment, restoration, remediation or reclamation of the well or facility or the site of the well or facility is, in the minister’s opinion, required; and

(c)        the owner, operator or licensee of the well or facility cannot be located.

[…]

Power of Lieutenant Governor in Council

18        The Lieutenant Governor in Council may make regulations deemed necessary to carry out the provisions of this Act according to their true intent and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations:

[…]

(b) governing the suspension of operations and the abandonment and reconditioning of wells and facilities.

V. Management of long-term responsibilities and liabilities
Allocation of long term responsibilities & liabilities

Summary

Section 12.2 of the Saskatchewan O&G Act provides that if a licence is suspended or cancelled, the responsibility of the licensee will continue with respect to any obligations of the licensee under the Act, the regulations, any orders made under the Act and any terms of conditions of the licence.

Article/Section No.

Section 12.2

Instrument Text

Obligations continue

12.2    If a licence is suspended or cancelled:

(a) all rights and privileges conveyed by the licence are suspended or

cancelled, as the case may be; and

(b) notwithstanding the suspension or cancellation of a licence, the responsibility of the licensee and any working interest participant in the well, facility or associated flowline, and the well site and facility site, continues after the suspension or cancellation of the licence with respect to any obligations of the licensee pursuant to:

(i) this Act;

(ii) the regulations;

(iii) any orders made pursuant to this Act; or

(iv) any terms or conditions of the licence.

Financial contributions to long term stewardship

Summary

Part III.2 of the Saskatchewan O&G Act provides for the operation of the Oil and Gas Orphan Fund.

 

Under section 20.91(2), the primary purpose of the fund is to provide financing for the abandonment, restoration, remediation or reclamation of wells and facilities, where the obligations of the person responsible for those activities are not being met.

 

Monies deposited into the fund are drawn from, among other sources, orphan fund fees payable under sections 8.1, 10 and 10.1, as part of licence application and transfer processes. 

Article/Section No.

Section 8.1
Section 10(2)
Section 10.1(2.1)
Section 20.91
Section 20.92
Section 20.93
Section 20.94
Section 20.95
Section 20.96
Section 20.97
Section 20.98

Instrument Text

Application for licence

8.1       An applicant for a licence shall: (a)            apply to the minister in a form and manner satisfactory to the minister;

(b)       provide the minister with any other information or material that the minister may reasonably require;

(c) if required by the regulations, submit to the minister the prescribed orphan fund fee;

(d) if required pursuant to section 15, file security with the minister in accordance with that section;

(e)        provide evidence satisfactory to the minister that the applicant meets the prescribed eligibility requirements; and

(f)        submit to the minister any prescribed fees.

[…]

Transfer of licence restricted

10

[…]

(2) A licensee who intends to transfer a licence to another person shall:

(a)       apply to the minister in a form and manner satisfactory to the minister;

(b)       provide the minister with any other information or material that the minister may reasonably require; and

(c)           submit to the minister any prescribed fees.

[…]

Transfer of licence where licensee does not meet eligibility requirements

10.1

[…]

(2.1)    An applicant for the transfer of a licence pursuant to this section shall:

(a)       apply to the minister in a form and manner satisfactory to the minister;

(b)       provide the minister with any other information or material that the minister may reasonably require;

(c) if required by the regulations, submit to the minister the prescribed orphan fund fee;

(d) if required pursuant to section 15, file security with the minister in accordance with that section;

(e)        provide evidence satisfactory to the minister that the applicant meets the prescribed eligibility requirements for an applicant for a licence; and

(f)            submit to the minister any prescribed fees.

[…]

PART III.2

Oil and Gas Orphan Fund

Oil and Gas Environmental Fund Continued as Oil and Gas Orphan Fund

20.91(1)          The Oil and Gas Environmental Fund established pursuant to The Oil and Gas Conservation Regulations, 1985 is continued as the Oil and Gas Orphan Fund.

(2) Subject to subsection 20.93(2) and the regulations made pursuant to clause 20.98(g), the primary purpose of the orphan fund is to provide financing for the abandonment, restoration, remediation or reclamation of wells and facilities, and the sites of wells and facilities, where the obligations of the person responsible for carrying out those activities are not being met.

2001, c.26, s.13; 2011, c.11, s.33.

Fund advisory committee

20.92(1) The minister may establish a fund advisory committee to advise the minister with respect to any matter related to the administration of the orphan fund and to perform any other prescribed functions.

(2)       No action or proceeding lies or shall be commenced against any member of the fund advisory committee where that member is acting pursuant to the authority of this Act or the regulations, for anything in good faith done, caused or permitted or authorized to be done, attempted to be done or omitted to be done by that member pursuant to or in the exercise or supposed exercise of any power conferred by this Act or the regulations or in the carrying out or supposed carrying out of any order made pursuant to this Act or any duty imposed by this Act or the regulations.

2001, c.26, s.13.

Deposit and use of moneys in the orphan fund

20.93(1)          Notwithstanding The Financial Administration Act, 1993, the following shall be deposited in the orphan fund and not in the general revenue fund:

(a)       orphan fund fees collected pursuant to sections 8.1, 10 and 10.1;

(b)       payments pursuant to a letter of credit or other form of security when authorized by regulations made pursuant to clause 16(m) or 18(n.3);

(c)        when authorized by the regulations, proceeds from the sale of machinery, equipment or materials forfeited to the Crown in right of Saskatchewan pursuant to section 17.06;

(d)       moneys recovered by the minister pursuant to section 20.94;

(e) fees levied in accordance with regulations made pursuant to clause 20.98(c).

(2) The minister may use money from the orphan fund for any purpose prescribed in the regulations.

Recovery of amounts used from the orphan fund

20.94  Where money from the orphan fund is used to do anything that, pursuant to this Act or any regulation made pursuant to this Act, is the responsibility of another person, the minister may recover the amount expended from the orphan fund from that other person and, for that purpose, may commence an action against the person.

2001, c.26, s.13.

Investments from the fund

20.95(1)          The Minister of Finance may invest any money in the orphan fund in any investments that are authorized in The Financial Administration Act, 1993 as investments for the general revenue fund.

(2)       Profits or interest earned on money invested pursuant to subsection (1) shall be deposited to the orphan fund.

(3)       The Minister of Finance may dispose of any securities in which any part of the orphan fund has been invested pursuant to subsection (1), subject to the terms of the investment, in any manner and on any terms that the Minister of Finance considers appropriate.

2001, c.26, s.13.

Annual report

20.96(1)          In each fiscal year of the orphan fund, the ministry shall, in accordance with The Tabling of Documents Act, 1991, submit to the minister:

(a)       a report of the activities of the fund for the preceding fiscal year; and

(b)       a financial statement showing the business of the fund for the preceding fiscal year in a form that may be required by Treasury Board.

(2)       The minister shall, in accordance with The Tabling of Documents Act, 1991, lay before the Legislative Assembly each report and statement mentioned in subsection (1).

2001, c.26, s.13; 2011, c.11, s.34.

Audit of the fund

20.97  The Provincial Auditor or any other auditor or firm of auditors that the Lieutenant Governor in Council may appoint shall audit the accounts and financial statements of the orphan fund:

(a)       annually; and (b)      at any other times that the Lieutenant Governor in Council may require.

2001, c.26, s.13.

Regulations

20.98  For the purposes of this Part, the Lieutenant Governor in Council may make regulations:

(a)       defining, enlarging or restricting the meaning of any word or expression used in this Part but not defined in this Part;

(b)       respecting the administration of the orphan fund;

(c)        establishing fees to be levied on wells and facilities and deposited in the orphan fund, determining who is required to pay those fees and providing for their collection;

(d) authorizing the minister to determine whether a well or facility is inactive for the purposes of the fees to be levied pursuant to clause (c);

(e)        respecting the orphan fund fee to be deposited in the orphan fund;

(f)        authorizing the minister to deposit in the orphan fund all or part of the net proceeds from the sale of machinery, equipment or materials forfeited to the Crown in right of Saskatchewan pursuant to section 17.06;

(g)        prescribing the purposes for which money from the orphan fund may be used and authorizing the minister, in consultation with the fund advisory committee, to carry out those purposes and to determine when money from the orphan fund may be used for those purposes;

(h) providing for the allocation and payment of all or any part of the administration costs of the orphan fund, including costs related to the fund advisory committee, from the orphan fund;

(i)  respecting the membership of the fund advisory committee;

(j) respecting the functions of the fund advisory committee;

(k) prescribing the fiscal year of the orphan fund;

(l)         prescribing minimum amounts to be retained in reserve in the orphan fund;

(m)      prescribing any matter or thing required or authorized by this Part to be prescribed in the regulations;

(n)       respecting any other matter or thing that the Lieutenant Governor in Council considers necessary to carry out the intent of this Part.

2001, c.26, s.13; 2007 c.7, s.5; 2011, c.11, s.35. orma7 � o0��p'� destroyed, mutilated, altered, falsified or removed from Saskatchewan;

 

(e)        obstruct or interfere with the minister or any person acting on behalf of the minister in the exercise of any of the powers conferred by this Act, the regulations or an order made pursuant to this Act; or

(f)            fail to comply with this Act, the regulations or an order made pursuant to this Act.

(2) Every person who contravenes a provision of this Act, the regulations or an order made pursuant to this Act is guilty of an offence and liable on summary conviction to:

(a)       a fine not exceeding $500,000 for each day or part of a day during which the offence continues;

(b)       imprisonment for a term not exceeding one year; or

(c)        both that fine and imprisonment.

(3)       If a person is convicted of an offence pursuant to this Act and the court is satisfied that as a result of the commission of the offence monetary benefits accrued to the offender, the court may order the offender to pay, in addition to a fine pursuant to subsection (2), a fine in an amount equal to the court’s estimation of the amount of those monetary benefits.

(4) Every director, officer or agent of a corporation who directed, authorized, assented to, acquiesced in or participated in an act or omission of the corporation that would constitute an offence by the corporation is guilty of that offence and is liable on summary conviction to the penalties provided for that offence whether or not the corporation has been prosecuted or convicted.

Additional order from convicting court

59.1(1)            In addition to or instead of any penalty imposed pursuant to this Act, the convicting court, having regard to the nature of the offence and the circumstances surrounding its commission, may make an order doing one or more of the following:

(a)       requiring the convicted person to remove a substance in a manner and within the period specified by the order;

(b)       prohibiting the convicted person from doing any act or engaging in any activity that, in the opinion of the court, may result in the continuation of the offence;

(c) directing the convicted person to repair, mitigate or minimize any damage to the environment or subsurface formations that resulted from the commission of the offence in a manner and within the period specified by the order, or to restore or reclaim any property that has been damaged as a result of the commission of the offence in a manner and within the period specified by the order;

(d)       requiring the convicted person to take steps to prevent any damage to the environment or subsurface formations that may result from the commission of the offence in a manner and within the period specified by the order;

(e)        directing the convicted person to pay to the minister an amount of money as compensation, in whole or in part, for the cost of any corrective action taken by or at the direction of the minister as a result of the commission of the offence;

(f)        requiring the convicted person to do any other thing that, in the opinion of the court, is necessary in the circumstances.

(2) An order made pursuant to subsection (1) may contain any other conditions with respect to the circumstances of the offence and of the person who committed or contributed to the commission of the offence as the court considers appropriate to prevent similar unlawful conduct or to contribute to the rehabilitation of the person.

Vicarious liability

59.2    In any prosecution of a person for an offence pursuant to this Act, it is sufficient proof of the offence to establish, in the absence of any evidence that the offence was committed without the person’s knowledge, that it was committed by an employee, helper or agent of the person, whether or not the employee, helper or agent:

(a)       is identified; or

(b)       has been prosecuted or convicted for the offence.

Limitation on prosecutions

59.3    No prosecution for a contravention of this Act or the regulations is to be commenced more than three years after the facts on which the alleged contravention is based first came to the knowledge of the minister.

Offence

60.1    Every person summoned as a witness pursuant to subsection 7.5(5) who refuses or fails to:

(a) attend; (b)            answer questions;

(c) produce documents, records, books, data, plans, maps, specifications, drawings, samples or other property or things;

is guilty of an offence and liable on summary conviction to a fine not exceeding $25,000.

Prosecution does not bar action for damages

62        A prosecution under this Act shall not deprive any person suffering damage or injury of any cause of action he may have.

Minister may apply for compliance order

63(1)   The minister may apply to a judge of the Court of Queen’s Bench for all or any of the following:

(a)       an order compelling a person to comply with this Act, the regulations, an order made pursuant to this Act or the terms and conditions of a licence, permit or minister’s approval;

(b)       an order enjoining any person from proceeding contrary to this Act, the regulations, an order made pursuant to this Act or the terms and conditions of a licence, permit or minister’s approval.

(2) On an application pursuant to this section, the judge of the Court of Queen’s Bench may make the order requested or any other order that the judge considers appropriate on any terms and conditions that the judge considers appropriate.

2011, c.11, s.46.

1990-91, c.39, s.31; 2011, c.11, s.48.

(3)       The minister may apply for an order pursuant to subsection (1) regardless of whether an order pursuant to this Act has been made with respect to the matter.

Effect of payment of penalty and of forfeiture

64        The payment of a penalty shall not operate to legalize any oil, gas or product involved in the violation in respect of which the penalty is imposed; and the payment of a penalty or the forfeiture of any oil, gas or product shall not relieve a person from liability to any other person for damages arising out of the violation in respect of which the penalty is imposed or the forfeiture is incurred.

R.S.S. 1965, c.360, s.63; R.S.S. 1978, c.O-2, s.64.

Remedies for enforcement of regulation or order

65        Where the minister has more than one remedy for the enforcement of any regulation or order or for the payment of any money payable pursuant to any regulation or order made under this Act, the minister may resort to any or all such remedies from time to time as he may deem proper, either concurrently or successively, until such time as the regulation or order has been complied with or the money payable thereunder together with all costs and expenses has been fully paid and satisfied.

R.S.S. 1965, c.360, s.64; R.S.S. 1978, c.O-2, s.65.