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Onshore Petroleum Drilling Regulations
made under Section 27 of the
Petroleum Resources Act
R.S.N.S. 1989, c. 342
O.I.C. 2001-167 (effective March 30, 2001), N.S. Reg. 29/2001
amended to O.I.C. 2015-96 (effective April 1, 2015), N.S. Reg. 144/2015
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Interpretation
Application of regulations
Policy
Administrator
Offences
Drilling rig removal prohibited
Form and submission of application
Surveys
Application time frames
Application for amendment
Term
Renewal
Application fee
Review of application
Financial security and responsibility
Transfer, assignment or change of name
Operator to ensure compliance
Well drilling, re-entry, suspension, completion or abandonment
Land access consent
Separation distances and restrictions
Drill site access restricted
Drilling, re-entry, suspension, completion and abandonment activities
Availability of regulations
Display of Authorizations and critical procedures
Daily and weekly reports
Well evaluation - general
Suspended well
Well re-entry
Well completion
Operator responsible for abandoned wells
Well abandonment record
Continuing responsibility of operation
Well history report
Marine areas
Security and release of well information and materials
Confidential business information
Inspections
Operator audit/inspection reports
Certifying authority report
Suspension or cancellation of an Authorization
Surrender of exploration agreement or other agreement
Appeal
Citation
1 These regulations may be cited as the Onshore Petroleum Drilling Regulations.
Interpretation
2 In these regulations
(a) “abandoned” means, with respect to a well, a well that has been permanently
plugged;
(b) “Act” means the Petroleum Resources Act;
(c) “Administrator” means a person designated by the Minister pursuant to
Section 5 and includes an acting Administrator;
(d) “applicant” means an operator who makes an application pursuant to these
regulations;
(e) “application” means an application made to the Administrator
(i) for an Authorization pursuant to Section 8,
(ii) for an amendment to an Authorization pursuant to Section 11,
(iii) to renew an Authorization pursuant to Section 13, or
(iv) to transfer or assign an Authorization pursuant to Section 17;
(f) “Authority to Abandon” means an Authorization issued pursuant to clause
15(1)(c) to abandon a well;
(g) “Authority to Drill” means an Authorization issued pursuant to clause
15(1)(c) to construct a well;
(h) “Authority to Complete” means an Authorization issued pursuant to clause
15(1)(c) to complete a well;
(i) “Authority to Re-enter” means an Authorization issued pursuant to clause
15(1)(c) to re-enter a well;
(j) “Authority to Suspend ”means an Authorization issued pursuant to clause
15(1)(c) to suspend a well;
(k) “Authorization” means an approval of the Administrator for any one of the
activities described in clauses (f) to (j);
(l) “certifying authority” means a person engaged by the Administrator to
perform the duties described in Section 40, and includes an employee or agent
of the certifying authority;
(m) “completed” means, in respect of a well, a well that has been drilled to permit
the
(i) production of fluids from the well,
(ii) observation of the performance of a reservoir,
(iii) injection of fluids into the well, or
(iv) disposal of fluids into the well;
(n) “contractor” means a person who undertakes to perform any drilling, service
or other operation at a drill site under an agreement, directly or indirectly, with
either the operator or another person having a right with respect to or an
interest in the drill site;
(o) “development well” means a well that is drilled in a field or pool for the
purpose of the
(i) production of fluids from the well,
(ii) observation of the performance of a reservoir,
(iii) injection of fluids into the well, or
(iv) disposal of fluids into the well;
(p) “discovery well” means an exploratory well that, in the opinion of the
Administrator, has encountered petroleum in quantities of commercial
significance;
(q) “drill site” or “well site” means a location where a drilling rig is or may be
installed;
(r) “drilling rig” means the equipment used to make a well by either boring or
other methods and includes a derrick, drawworks, rotary table, mud pump,
blowout preventer, accumulator, choke manifold and other associated
equipment including power, control and monitoring systems;
(s) “exploratory well” means a well, other than a development well, that is drilled
for the purpose of discovering petroleum or obtaining geological information;
(t) “inspector” means a person appointed by the Minister or Administrator
pursuant to subsection 38(1);
(u) “legal survey” means a survey conducted by a person licensed to practice land
surveying in Nova Scotia under the Land Surveyors Act;
(v) “marine lands” means submerged lands not administered or managed by the
Canada-Nova Scotia Offshore Petroleum Board, including, but not limited to,
St. George’s Bay, Chedabucto Bay, and Minas Basin;
(w) “mineral” means mineral as defined in the Mineral Resources Act;
(x) “mineral right” means mineral right as defined in the Mineral Resources Act;
(y) “Minister” means the Minister responsible for the Petroleum Directorate;
(z) “offshore area” has the same meaning as in the Canada-Nova Scotia Offshore
Petroleum Resources Accord Implementation (Nova Scotia) Act;
(aa) “operator” means a person who holds a petroleum right under the Act and a
valid Authorization, and includes
(i) the representative of the person, and
(ii) a contractor employed or hired by the person;
(ab) “petroleum” means petroleum as defined in the Act;
(ac) “petroleum drilling practice” means drilling exploratory wells in accordance
with accepted industry practice, including
(i) specifications of the American Petroleum Institute (API), as amended
from time to time,
(ii) Recommended Practices of Alberta (ARP) or Industry (IRP), as
developed by the Canadian Petroleum Safety Council, as amended from
time to time, and
(iii) any other practice approved in writing by the Administrator;
(ad) “professional engineer” means a person licensed to practice engineering in
Nova Scotia under the Engineering Profession Act;
(ae) “re-entry” means, with respect to a well, re-commencing drilling or other
downhole operations in a well where such work had been suspended;
(af) “representative” means a person designated pursuant to Section 3 of the Act;
(ag) “rig release date” means the date when a drilling rig last conducted operations
on a well in accordance an Authorization for that well;
(ah) “spud” means, with respect to the drilling of a well, the initial penetration of
the ground;
(ai) “surface improvement” includes a railway, pipeline or other right-of-way,
road allowance, surveyed roadway, dwelling, water well, power line,
industrial plant, aircraft runway or taxiway, a building or structure or any
other situation or feature determined by the Administrator;
(aj) “survey plan” means a topographical survey of the well site area that includes
the coordinates of the well;
(ak) “suspended” means, with respect to a well, a well in which drilling or
producing operations have temporarily ceased;
(al) “well” means an opening in the ground being drilled or completed
(i) as an exploratory well for petroleum,
(ii) for the production of petroleum, or
(iii) for injection to an underground formation;
(am) “well control” means the control of the movement of fluids in or from a
well;
(an) “wireline” means a line that is used to run survey instruments or other tools in
a well and is made of
(i) steel, or
(ii) several wires made of steel, copper or other metals together with
electrical insulation.
Application of regulations
3 (1) Subject to subsection (2), these regulations apply
(a) to every operator who drills or proposes to drill for petroleum under the Act;
and
(b) to every well that is drilled, re-entered, completed, suspended or abandoned
under the Act.
(2) These regulations do not apply to a well drilled in the offshore area except for the
Donkin coal block, as defined in the Donkin Coal Block Development Opportunity
Act (Canada).
Policy
4 The Minister may develop or approve policies, standards and guidelines for the
administration of these regulations.
Administrator
5 (1) The Minister shall designate an Administrator to administer these regulations.
(2) The Administrator shall be responsible for preparing
(a) interpretations of these regulations;
(b) proposals for amendments to these regulations; and
(c) policies, standards and guidelines for the administration of these regulations.
Offences
6 (1) No person shall drill, re-enter, suspend, complete or abandon a well unless an
Authorization has been granted and the Authorization remains in force.
(2) It is an offence to contravene the Act, the regulations, or the terms and conditions
of an Authorization.
Drilling rig removal prohibited
7 No operator shall remove or cause or permit the removal of a drilling rig from a well site
unless the well has been drilled, re-entered, suspended, completed or abandoned in
accordance with these regulations.
Form and submission of application
8 (1) An application form for an Authorization shall be in a form prescribed by the
Administrator.
(2) An application form shall be completed and signed by an operator.
(3) Unless otherwise stated in these regulations, any information or application that is
required to be submitted under the Act and these regulations shall be prepared and
submitted to the Administrator in a form and manner satisfactory to the
Administrator.
Surveys
9 An application shall include 3 copies of a legal survey of the well site that identifies the
location, elevation and coordinates of
(a) any proposed well;
(b) any exploratory well that has been assigned the status of a discovery well by
the Administrator; or
(c) upon the request of the Administrator, any other well.
Application time frames
10 Unless the Administrator agrees in writing, an applicant shall submit an application
(a) for an Authority to Drill not less than 45 calendar days prior to the proposed
spud date;
(b) for an Authority to Re-enter not less than 21 calendar days prior to the
proposed well re-entry date;
(c) for an Authority to Suspend not less than 24 hours prior to the proposed well
suspension;
(d) for an Authority to Complete not less than 24 hours prior to the proposed well
completion;
(e) for an Authority to Abandon not less than 24 hours prior to the proposed well
abandonment.
Application for amendment
11 (1) Every operator shall apply to the Administrator for an amendment to an
Authorization if
(a) the operator proposes to change, modify or expand an activity that is the
subject of the Authorization;
(b) the operator proposes a change to the terms or conditions of the
Authorization, which, in the opinion of the Administrator, is significant; or
(c) the proposed amendment is of an administrative nature.
(2) An application for an amendment of an Authorization shall contain the following
information:
(a) a description of the proposed modification and an explanation of its purpose;
(b) an assessment of the effects of the proposed modification in relation to the
information contained in the original application;
(c) such other information required by the Administrator, including any
supplementary information to clarify information contained in the application.
(3) Unless the Administrator agrees in writing, an application for amendment shall be
made not less than 72 hours before the amendment is required.
Term
12 (1) The term of any Authorization is concurrent with and subject to the term of the
exploration agreement made under the Petroleum Resource[s] Regulations in
respect of which the Authorization is issued.
(2) If an exploration agreement is suspended or terminated, any Authorization that has
been issued in respect of the agreement is automatically suspended or terminated,
as the case may be.
Renewal
13 If the term of an exploration agreement is renewed, the operator who holds the agreement
shall apply to renew any Authorization that has been issued in respect of the agreement.
Application fee
14 (1) An application shall be accompanied by a non-refundable fee of $124.65.
(2) The Administrator may bill an applicant for all reasonable costs and expenses in
excess of $124.65 that are incurred directly by the Administrator to process an
application and the applicant shall pay the bill before an Authorization is issued.
(3) An applicant may request that the Administrator provide documentation to support
any bill issued under subsection (2).
(4) Any conflicts respecting documentation provided pursuant to subsection (3) may
be submitted to be resolved through alternate dispute resolution.
Review of application
15 (1) Upon receipt of an application, the Administrator may
(a) require the applicant to submit any additional information that the
Administrator considers necessary;
(b) require the applicant to consult with persons or organizations that may be
impacted by activities related to the application;
(c) issue an Authorization to the applicant, subject to such terms and conditions
as the Administrator determines to be appropriate;
(d) amend an Authorization held by the applicant, subject to such terms and
conditions as the Administrator determines to be appropriate;
(e) refuse to issue an Authorization to the applicant; or
(f) cancel an Authorization previously issued to or held by the applicant and
replace it with a new Authorization.
(2) If the Administrator refuses to issue an Authorization, the Administrator shall
advise the applicant in writing together with reasons.
Financial security and responsibility
16 As a condition of an Authorization, every operator shall, prior to the commencement of
any drilling,
(a) furnish the Administrator with financial security in a form and in an amount
satisfactory to the Minister that requires the provider of the financial security
to abandon the well and leave the drill site in a satisfactory condition in the
event of the failure of the operator to comply with the Act, these regulations
or a term or condition of an Authorization issued on the well site; and
(b) furnish the Administrator with evidence, in a form satisfactory to the
Administrator, that the operator is financially able to meet any financial
liability that may be incurred as a result of the drilling of the well.
Transfer, assignment or change of name
17 (1) No operator shall transfer or assign an Authorization without the written approval
of the Administrator, which shall not be unreasonably withheld.
(2) An assignee of an Authorization is subject to the duties, obligations and liabilities
of the original Authorization holder and any further terms and conditions that may
be imposed by the Administrator, and the assignor is relieved of any duties,
obligations and liabilities under the Authorization.
(3) The sale of a controlling interest of a partnership or company that holds an
Authorization or the transfer of an Authorization from a parent company to an
affiliate or subsidiary is deemed to be a transfer.
(4) Where there is a change in the name of the operator, approval of the Administrator
is not required but the operator shall advise the Administrator in writing within 24
hours of the change.
Operator to ensure compliance
18 Every operator shall ensure that a well is drilled, re-entered, suspended, completed or
abandoned in accordance with
(a) the Act;
(b) these regulations;
(c) the terms and conditions of the relevant Authorization;
(d) any designs, specifications, or plans developed and approved by the
Administrator in accordance with these regulations;
(e) any codes or standards, as amended from time to time, that apply to petroleum
exploration well drilling;
(f) any petroleum drilling practice approved in writing by the Administrator; and
(g) all other laws of general application, including but not limited to the
Environment Act and the Occupational Health and Safety Act.
Well drilling, re-entry, suspension, completion or abandonment
19 Where a well cannot be drilled, re-entered, suspended, completed or abandoned in
accordance with the relevant Authorization owing to the existence of conditions not
anticipated by an operator at the time the application was submitted for approval, the
operator shall
(a) verbally inform the Administrator and follow up in writing that the well has
not been drilled, re-entered, suspended or abandoned in accordance with the
relevant Authorization;
(b) leave the well in as secure a condition as is practical; and
(c) drill, re-enter, suspend, complete or abandon the well in accordance with the
relevant Authorization within a period of time specified by the Administrator.
Land access consent
20 (1) No operator shall drill a well on
(a) lands privately owned or occupied except with the written consent of the
owner, occupier, or an agent of the owner or occupier of the lands;
(b) lands owned by the Crown in right of the Government of Canada, except with
the written consent of the appropriate department, agency, board or
commission of the Government of Canada or of a person authorized by the
appropriate department, agency, board or commission to give consent;
(c) public lands
(i) under the administration and control of a Department of the Crown in
right of the Province of Nova Scotia, except with the written consent of
that Department,
(ii) that form part of a public highway or public road, except with the
written consent of the Department of Transportation and Public Works,
(iii) under the administration of an agency, board or commission of the
Crown in right of the Province of Nova Scotia, except with the consent
of that agency, board or commission, and
(iv) that are leased or otherwise encumbered, except with the written consent
of the holder of the legal interest to which the public lands are subject.
(2) Subsection (1) shall not be construed as removing the necessity to obtain a consent
to drill a well on any land from any person not referred to in that subsection, if the
consent of that person is required by law.
Separation distances and restrictions
21 (1) No operator shall drill a well within 100 m of any surface improvement unless that
person establishes to the satisfaction of the Administrator that the operation can be
conducted without damage or threat to the surface improvement.
(2) Except where restricted or prohibited under the Act, no well shall be drilled that
may penetrate a mineral deposit under a mineral right or a coal gas deposit under a
petroleum right unless measures considered satisfactory by the Administrator are
taken to
(a) protect the mineral or coal gas deposit from damage or loss of value; and
(b) prevent interference with any persons operating under the mineral or
petroleum right.
Drill site access restricted
22 A person who is not directly associated with the work activity on the drill site may not
enter a drill site unless that person has written permission from the operator or the
Administrator.
Drilling, re-entry, suspension, completion and abandonment activities
23 Every operator shall
(a) conduct the drilling, re-entry, suspension, completion and abandonment of a
well in accordance with current petroleum standards and good petroleum
drilling practice;
(b) conduct the drilling, re-entry, suspension, completion and abandonment of a
well in a manner that maintains full control of the well at all times;
(c) have plans and equipment available to deal with all abnormal situations that
may be anticipated;
(d) ensure that all equipment and materials are fit for the purpose for which they
are to be used and in good operating order;
(e) operate equipment, including travelling blocks and ancillary equipment,
masts, substructures, drilling lines, well control equipment and pressure
vessels, within the limits specified by the manufacturer of the equipment; and
(f) at the end of each crew shift, require the retiring drilling supervisor of any
drilling rig to log and inform the new supervisor of any mechanical
deficiencies that have not been rectified during the shift and of any downhole
conditions or other problems that have a bearing on the conduct of the drilling
of the well.
Availability of regulations
24 (1) Every operator shall keep at the drill site a copy of these regulations and any
Authorizations issued for the drill site during the period that drilling is being
conducted at the drill site.
(2) Every operator shall make the regulations or Authorizations referred to in
subsection (1) available upon request by any person on the drill site.
Display of Authorizations and critical procedures
25 Every operator shall
(a) display an Authorization in a prominent place on the drill site; and
(b) post, in a place where they can readily be seen by the drilling crew, a labelled
drawing of the blowout preventers and a written record of the mud density,
together with the detailed procedures for controlling a kick, including a drill
string space-out chart.
Daily and weekly reports
26 (1) Every operator shall, while drilling a well, submit a report to the Administrator
each day, by fax or by an equivalent means, setting out
(a) the depth of the well;
(b) the lithology of the formations encountered during the previous day;
(c) the properties of the drilling fluid;
(d) the results of each formation leak-off test; and
(e) such other information as may be requested by the Administrator.
(2) Every operator shall, while drilling a well, prepare and submit to the Administrator
each week
(a) a report describing the lithology of any formation drilled and the nature of any
reservoir fluids encountered during the preceding week; and
(b) a summary of the results of any deviation and directional surveys that were
taken during the preceding week, including a calculation of the bottomhole
coordinates for any well that was directionally drilled or that has deviated
more than 5° from the vertical.
Well evaluation - general
27 (1) The Administrator may, at an operator’s request, at any time change the name,
classification or status of any well covered by an Authorization.
(2) Every operator shall obtain well tests, wireline logs, analyses, surveys and samples
during the drilling of a well that are sufficient to provide, in the opinion of the
Administrator, a comprehensive geological and reservoir evaluation.
(3) Upon the written request of the Administrator, every operator shall
(a) take a wireline log, test or survey;
(b) cut a core; or
(c) collect a sample of drill cuttings or formation fluids
as specified in the request.
(4) Every operator shall collect, store and transport a sample of a drill cutting, core, or
well fluid taken from a well in a manner that prevents any loss or deterioration of
the sample.
(5) Every operator shall submit to the Administrator any analysis and any
interpretation of the data performed under these regulations or an Authorization.
Suspended well
28 (1) An application for an Authority to Suspend shall include a well suspension
program that is consistent with good petroleum drilling practice.
(2) Every well that is suspended shall be completed or abandoned prior to the expiry
of the original petroleum right or any renewal or extension provided under the Act
to the holder of that right.
(3) Every operator of a suspended or completed well shall
(a) inspect the well each year or at such other interval as requested in writing by
the Administrator; and
(b) submit a report to the Administrator each year, or at such other interval as
requested in writing by the Administrator, on the condition of the well.
Well re-entry
29 (1) An application for an Authority to Re-enter shall include a well re-entry program
that is consistent with good petroleum drilling practice.
(2) Every well that is re-entered shall be completed or abandoned prior to the expiry of
the original petroleum right or any renewal or extension provided under the Act to
the holder of that right.
Well completion
30 An application for an Authority to Complete shall include a well completion program that
is consistent with good petroleum drilling practice, and provides for
(a) the isolation of each completed reservoir interval from any other porous or
permeable interval penetrated by the well; and
(b) the efficient testing and production of any completed reservoir interval.
Operator responsible for abandoned wells
31 (1) An application for an Authority to Abandon shall include a well abandonment
program that is consistent with good petroleum drilling practice.
(2) Where a well is to be abandoned, it shall be done in such a manner that any
formation fluid is prevented from flowing through or escaping from the well.
(3) The operator of an abandoned well shall
(a) inspect the well each year or at such other interval as requested in writing by
the Administrator; and
(b) submit a report to the Administrator each year, or at such other interval as
requested in writing by the Administrator, on the condition of the well.
Well abandonment record
32 (1) Every operator shall record the details of the manner in which a well has been
abandoned and shall submit 3 copies of the record to the Administrator within 48
hours of the rig release date of the well.
(2) The record referred to in subsection (1) shall be accompanied by a well schematic,
approved by a professional engineer, that illustrates the condition of the well after
abandonment.
Continuing responsibility of operation
33 (1) An acknowledgment by the Administrator of a well abandonment record submitted
in accordance with Section 32 does not relieve an operator of the responsibility for
a proper abandonment of the well if, at a later date, the abandonment of the well is
found not to be in accordance with these regulations or an Authorization.
(2) Where the Administrator determines or is informed that a well or a portion of a
well has not been abandoned in accordance with these regulations or an
Authorization, the Administrator may order the operator of the well to properly
abandon the well and may specify the period of time in which the proper
abandonment of the well is to be carried out.
Well history report
34 (1) Unless a different period is approved in writing by the Administrator, every
operator shall prepare a well history report upon abandonment of a well and shall
submit 3 copies of the report to the Administrator
(a) within 90 calendar days of the rig release date in the case of an exploratory
well; and
(b) within 45 calendar days of the rig release date in the case of a development
well.
(2) The well history report for an exploratory well shall contain a record of all
operational, engineering and geological information that is relevant to the well and
shall be organized into the following sections, with appendices, where appropriate:
(a) an introduction;
(b) general well data;
(c) a summary of drilling and related operations;
(d) geological and palaeotological information;
(e) a summary of directional and deviation surveys and the coordinates of the
bottom of the hole;
(f) a plot of the location of the borehole in the case of a well that has deviated
more than 5° from the vertical;
(g) reservoir and well evaluation data;
(h) any wireline logs, core analyses, testing results, studies, reports or records
relating to the evaluation of the well; and
(i) such other information as requested in writing by the Administrator.
(3) The well history report for a development well shall contain
(a) a summary of the completion operations;
(b) the coordinates of the bottom of the hole and of the top of any productive
zone, and in the case of a directionally drilled well, a plot showing the
location of the wellbore;
(c) details of the completion equipment and tubing including a diagram of
equipment installed in the well;
(d) results of any formation flow test;
(e) a copy of any report that concerns well stimulation;
(f) any wireline logs, core analyses, testing results, studies, reports or records
relating to the evaluation of the well; and
(g) such other information as requested in writing by the Administrator.
Marine areas
35 (1) Where an operator proposes to drill a well on or with respect to any marine lands,
the Administrator may exempt the operator from any of the provisions of these
regulations.
(2) Where the Administrator exempts an operator pursuant to subsection (1), the
Administrator may order that the operator comply with any provisions of the Nova
Scotia Offshore Area Petroleum Drilling Regulations specified in the order.
(3) Where the Administrator orders that an operator comply with any provision of the
Nova Scotia Offshore Area Petroleum Drilling Regulations, that provision shall
have the same force and effect as regulations made under the Act.
(4) Where the Administrator orders that an operator comply with any provision of the
Nova Scotia Offshore Area Petroleum Drilling Regulations, compliance with such
an order shall be deemed to be a condition of the operator's Authority to Drill.
Security and release of well information and materials
36 (1) Subject to subsection (2) and to any law of the Province, the Administrator shall
securely store and keep confidential all information relating to a drilling program,
including logs, reports, cores, cuttings and fluid samples submitted by an operator
in accordance with Section 72 of the Petroleum Resources Regulations.
(2) General information on a well, including the name, classification, location, identity
of the drilling unit or drilling rig used by the operator, depth and operational status
of the drilling program, may be released by the Administrator to the public.
(3) Information that is submitted to the Administrator by an operator in support of an
application
(a) in respect of the proposed design or the method of operation of a program,
shall not be released at any time without the written consent of the operator;
and
(b) in respect of research work or feasibility studies relating to exploration or
production techniques and systems, shall not be released until 5 years have
elapsed from the date the information was submitted to the Administrator.
Confidential business information
37 (1) Information that an applicant claims to be protected under the Freedom of
Information and Protection of Privacy Act, including confidential business
information, shall be clearly identified to the Administrator together with
information to support a claim, including the information required under Section
21 of the Freedom of Information and Protection of Privacy Act.
(2) Where an applicant claims information to be confidential business information, the
Administrator shall review the claim and, until a decision is made pursuant to
subsection (4), shall take adequate precautions to prevent disclosure of the
information.
(3) When reviewing a claim pursuant to subsection (2), the Administrator may request
additional information to support the claim, including what steps the applicant has
taken to maintain the confidentiality of the information.
(4) Within 14 days following the date of receipt of the claim filed pursuant to
subsection (1), or within such further time as may be agreed upon by the applicant
and the Administrator, the Administrator shall determine whether the claim is
accepted or rejected in whole or in part and shall advise the applicant in writing of
the determination.
(5) Information accepted to be confidential business information pursuant to
subsection (4) shall not be disclosed to the public and the Administrator shall take
adequate precautions to prevent the disclosure of the information.
(6) Where the Administrator rejects a claim pursuant to subsection (4), an applicant
shall, within 7 days following the date of the Administrator’s written advice
pursuant to subsection (4), notify the Administrator in writing that
(a) the claim is waived and the applicant wishes to continue to proceed with the
application; or
(b) the application is to be withdrawn, in which case the Administrator shall
immediately return to the applicant all of the information submitted with the
application.
Inspections
38 (1) The Minister or Administrator may appoint an inspector to conduct inspections or
investigations for the purposes of these regulations.
(2) It shall be a term and condition of every Authorization that the operator shall grant
a right of entry to the well site and other sites where relevant information and
documentation may be stored to the Administrator or an inspector appointed under
subsection (1), to allow them to carry out an inspection or investigation of an
activity that is the subject of an Authorization or any other activity carried out
under these regulations.
(3) The operator for a drill site shall
(a) give the Administrator or inspector all reasonable assistance to enable the
inspector to carry out the inspection; and
(b) furnish all information that may be reasonably required by the Administrator
or the inspector.
(4) Upon entering a site the Administrator or inspector shall, upon request, produce an
identification card provided by the Province and provide reasons for the entry.
(5) The Administrator or an inspector, in carrying out any duties or exercising any
powers under the Act or these regulations, may be accompanied by one or more
persons who are considered by the Administrator or inspector to be necessary to
enable the Administrator or inspector to carry out those duties or exercise those
powers.
(6) The operator shall give the Administrator or inspector all reasonable assistance to
enable the Administrator or inspector to carry out their duties or exercise their
powers.
Operator audit/inspection reports
39 (1) Upon the request of the Administrator, an operator shall conduct an audit or an
inspection to ensure that an activity that is the subject of an Authorization is carried
out in compliance with
(a) the Act;
(b) these regulations; and
(c) the terms and conditions of the relevant Authorization.
(2) The audit or inspection referred to in subsection (1) shall document
(a) all non-compliance noted; and
(b) the corrective actions taken or planned.
(3) A copy of any audit or inspection conducted pursuant to this Section shall be filed
with the Administrator upon completion.
Certifying authority report
40 (1) The Administrator may engage the services of a person as a certifying authority.
(2) The certifying authority shall
(a) determine whether a drilling program, well re-entry, well suspension, well
completion or well abandonment will be, has been or is being carried out in
accordance with the Act, these regulations and the terms and conditions of the
relevant Authorization; and
(b) perform such other duties as are determined by the Administrator.
(3) The certifying authority shall be engaged by the Administrator through a bidding
process and selected from a list of independent third parties who have engaged
persons or who are persons knowledgeable about petroleum exploration drilling
and drilling programs, including well re-entry, well suspension, well completion
and well abandonment.
(4) Every operator or person in charge of or responsible for a drilling program, well re-entry, well suspension, well completion or well abandonment and every contractor
or employee of the operator or person shall assist the Administrator or the
certifying authority or any employee or agent of the certifying authority acting in
the exercise of the duties outlined in subsection (2) and any further duties
determined by the Administrator.
(5) On completion of the certifying authority’s duties, the certifying authority shall
provide the Administrator with a report that shall
(a) advise on the certifying authority’s findings pursuant to clause (2)(a);
(b) certify, for such period as the certifying authority determines, that the drilling
program, well re-entry, well suspension, well completion or well
abandonment will continue to meet the requirements of the Act, these
regulations and the terms and conditions of the relevant Authorization; and
(c) include any other information requested by the Administrator.
(6) The costs and expenses of the certifying authority shall be paid by the
Administrator and shall be recovered from the operator whose activity is the
subject of the certifying authority’s report.
(7) The operator may request that the Administrator provide documentation to support
any bill issued under subsection (6).
(8) Any conflicts respecting documentation provided pursuant to subsection (7) may
be submitted to be resolved through alternative dispute resolution.
(9) The report issued by the certifying authority may be used by the Administrator to
assist in
(a) evaluating an application for an Authorization or in amending, suspending,
cancelling or reinstating an Authorization;
(b) directing the alteration or modification of the drilling program, well re-entry,
well suspension, well completion or well abandonment;
(c) determining whether to require the installation of additional or other
equipment on a drill rig or at a drill site; or
(d) the exercise of the Administrator’s powers and duties conferred by the Act
and these regulations.
Suspension or cancellation of an Authorization
41 (1) Where the Minister believes on reasonable and probable grounds that an operator
has contravened or will contravene
(a) the Act;
(b) these regulations; or
(c) any term or condition of an Authorization,
the Minister may suspend or cancel the Authorization.
(2) The Minister shall give an operator prior notice of the Minister’s intent to suspend
or cancel an Authorization pursuant to subsection (1) and a reasonable time period
to remedy any breach or default.
(3) Upon suspension or cancellation of an Authorization pursuant to subsection (1),
the Minister shall immediately give notice in writing to the operator together with
reasons for the suspension or cancellation of the Authorization.
(4) The Minister may reinstate an Authorization that has been suspended or cancelled
pursuant to subsection (1) as it was originally issued at any time the Minister
considers it appropriate to do so.
Surrender of exploration agreement or other agreement
42 The suspension, cancellation or surrender of an exploration agreement, a production
agreement, or other right to explore for or produce petroleum that relates to a drill site
covered in an Authorization shall not relieve the operator of the responsibility for the
proper abandonment of any well drilled by the operator on the drill site.
Appeal
43 (1) An appeal from a decision of the Administrator made under these regulations shall
be to the Minister.
(2) An appeal under subsection (1) shall be made within 30 calendar days of the
decision.
(3) Unless a longer time period is required and the Minister notifies the appellant, the
Minister shall consider the appeal and provide a written decision within 30 days of
the filing of the appeal.
Legislative History
Reference Tables
Onshore Petroleum Drilling Regulations |
N.S. Reg. 29/2001 |
Petroleum Resources Act |
Note: The
information in these tables does not form part of the regulations and is
compiled by the Office of the Registrar of Regulations for reference only. |
Source Law
The current consolidation of the Onshore Petroleum Drilling Regulations made
under the Petroleum Resources Act includes all of the following regulations:
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29/2001
|
Mar 30, 2001 |
date specified |
Apr 20, 2001 |
146/2007 |
Apr 1, 2007 |
date specified |
Mar 30, 2007 |
119/2008 |
Mar 26, 2008 |
date specified |
Apr 11, 2008 |
204/2008 |
Apr 1, 2008 |
date specified |
Apr 18, 2008 |
144/2009 |
Apr 1, 2009 |
date specified |
Apr 14, 2009 |
120/2011 |
Apr 1, 2011 |
date specified |
Apr 15, 2011 |
146/2013 |
Apr 1, 2013 |
date specified |
Apr 12, 2013 |
144/2015 |
Apr 1, 2015 |
date specified |
Apr 8, 2015 |
The
following regulations are not yet in force and are not included in the current
consolidation:
*See subsection 3(6) of the Regulations Act for
rules about in force dates of regulations.
Amendments by Provision
ad. = added
am. = amended |
fc. = fee change
ra. = reassigned |
rep. = repealed
rs. = repealed and substituted |
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|
3(2)................................................... |
am. 119/2008 |
14(1)-(2)........................................... |
fc. 146/2007, 204/2008, 144/2009, 120/2011, 146/2013,
144/2015 |
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Note that changes to headings are not
included in the above table.
Editorial Notes and Corrections:
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1 |
The reference to the Minister responsible for the
Petroleum Directorate in clause 2(y) should be read as a reference to the
Minister of Energy in accordance with Order in Council 2002-286 under the Public Service Act, R.S.N.S. 1989, c.
376. |
Jun 17, 2002 |
2 |
The reference to the Department of Transportation and
Public Works in subclause 20(1)(c)(ii) should be read as a reference to the
Department of Transportation and Infrastructure Renewal in accordance with
Order in Council 2007-553 under the Public
Service Act, R.S.N.S. 1989, c. 376. |
Oct 23, 2007 |
3 |
The reference to the Minister responsible for the
Petroleum Directorate in clause 2(y) should be read as a reference to the
Minister of Energy and Mines in accordance with Order in Council 2018-188
under the Public Service Act,
R.S.N.S. 1989, c. 376. |
Jul 5, 2018 |
4 |
The reference to the Department of Transportation and
Public Works in subclause 20(1)(c)(ii) should be read as a reference to the
Department of Transportation and Active Transit in accordance with O.I.C.
2021-56 under the Public Service Act,
R.S.N.S. 1989, c. 376. |
Feb 23, 2021 |
5 |
The reference to the Department of Transportation and
Public Works in subclause 20(1)(c)(ii) should be read as a reference to the
Department of Public Works in accordance with O.I.C. 2021-209 under the Public Service Act, R.S.N.S. 1989, c.
376. |
Aug 31, 2021 |
Repealed and Superseded:
Note: Only
regulations that are specifically repealed and replaced appear in this
table. It may not reflect the entire
history of regulations on this subject matter.