Applicable Acts and Regulations
Oil and gas activities on designated First Nation lands across Canada are governed by a number of federal and provincial acts and regulations.
On this page
Federal Acts and Regulations
Key federal acts and regulations include:
- Indian Oil and Gas Act, RSC 1985, c I-7
- Indian Oil and Gas Regulations, SOR/2019-196
- Indian Act
- Impact Assessment Act
- Financial Administration Act
- Interest and Administrative Charges Regulations
Other federal act and regulatory requirements are available on the Justice laws website and an overview is provided in this list.
Provincial Laws
Section 27 of the Indian Oil and Gas Regulations, SOR/2019-196 requires companies to comply with all relevant provincial laws, unless otherwise agreed to by the Minister and specified in a contract granted under the Regulations.
Relevant provincial laws are specified as:
- being applicable to non-Indian lands
- relating to the environment or to the exploration, development, treatment, conservation or production of oil and gas
- not conflicting with the Indian Oil and Gas Act, RSC 1985, c I-7 or the Indian Oil and Gas Regulations, SOR/2019-196.
Depending on the project location, key provincial legislation includes:
- Environmental Protection and Enhancement Act (Alberta)
- The provincial statute which is aimed at supporting and promoting the protection, enhancement, and wise use of the environment in Alberta.
- We use the standards set out in the Regulations under this Act for surface reclamation after oil and gas activities on designated First Nation lands in all provinces.
- Mines and Minerals Act (Alberta)
- The provincial statute which applies to all mines and minerals and related natural resources vested in or belonging to the Crown in right of Alberta, and where the context permits or requires, to all wells, mines, quarries, and minerals in the province.
- Oil and Gas Conservation Act (Alberta)
- The provincial statute which deals with the conservation of oil and gas resources in Alberta. The statute also deals with the observance of safe and efficient practices in the locating, spacing, drilling, equipping, completing, reworking, testing, operating and abandonment of wells and operations for the production of oil and gas.
- Oil and Gas Conservation Act (Saskatchewan)
- The provincial statute which deals with the conservation of oil and gas resources in Saskatchewan. The statute also deals with the observance of safe and efficient practices in the locating, spacing, drilling, equipping, completing, reworking, testing, operating and abandonment of wells and operations for the production of oil and gas.
Caution
The information provided on this page is not meant to be an exhaustive list of the federal and provincial legislative and regulatory framework governing oil and gas activity on designated First Nation lands. It is the responsibility of the contract holder to be informed of and meet all applicable statutes, regulations, policies, directives and other guidance. For additional information, see applicable provincial statutes and regulations, Government of Canada Justice laws website, or contact us.
For more information and related links
- Cabinet Directive on Regulatory Management
- Canada Gazette and Stay connected to Canada Gazette
- Clients and stakeholders
- Contact Us (Enquiries)
- First Nations Oil and Gas Management Initiative
- Justice Canada (other federal acts and regulations)
- The amended Indian Oil and Gas Act and phased approach to changes to the Indian Oil and Gas Regulations