Information Letter - Implementation of Section 78 Abandonment, Remediation, and Reclamation Requirements

October 2022

This Information Letter outlines regulatory abandonment, remediation, and reclamation requirements, including response timelines, for lands that are no longer being used for their original purpose. The holder of the surface contract, referred to throughout this Information Letter as "surface contract holder", is responsible for meeting these requirements.

On this page

Regulatory context

Oil and gas development within First Nation lands is a temporary activity. Lands within a surface contract must be returned to the First Nation in a timely manner and in an agreed upon condition.

As required by section 78, Surface contract holders must undertake abandonment, remediation, and reclamation when their surface contract isn't being used for its intended purpose, such as producing oil or gas. Examples of situations that trigger this requirement include, but are not limited to:

Related links

Requirements and timelines

IOGC is reviewing surface contracts for eligible candidates and will start sending notices to surface contracts holders (Notice) starting April 2023.

The following response timelines take effect when the surface contract holder receives a Notice.

60 calendar days:

150 calendar days:

1 year and every year thereafter:

5 years:

Failure to comply

Surface contract holders that do not fulfill the Notice requirements will have their surface contract placed into non-compliance and referred to IOGC's Audit, Compliance and Enforcement unit.

Surface contract holders may also be subject to legal proceedings and an administrative monetary penalty up to $10,000 for each violation.

Site closure plans

A specific form is not available or required. Surface contract holders must submit a Site Closure Plan that contains the following information.

Location:

Contact information:

End land use:

Important note: a Band Council Resolution (BCR) is required when pre-disturbance conditions differ from targeted end land use; see environmental requirements for more information.

First Nation engagement:

Type of work to be conducted:

Closure details, project scope, and schedule:

Annual site closure progress reports

A specific form is not available or required. Surface contract holders must submit an Annual Site Closure Progress Report that contains the following information.

Location:

Contact information:

Milestones and updates to site closure plans:

Photographic record of work:

Submissions

Questions or general communications can be sent by email to lrp-prp@sac-isc.gc.ca; all other submissions must be sent as specified below.

Notice receipt confirmation

Must be sent to IOGC by one of the following methods:

Email:

  • lrp-prp@sac-isc.gc.ca
    SUBJECT LINE: Section 78 Receipt – [ First Nation Name ] – [ IOGC surface contract number ]

Mail:

  • Lease Administration Unit
    Indian Oil and Gas Canada
    100-9911 Chiila Blvd
    Tsuut'ina AB T3T 0E1

Site Closure Plans and Annual Site Closure Progress Reports

Must be sent to the First Nation and IOGC as specified below.

First Nation:

  • Chief and Council
    [ Name of First Nation ]
    c/o Oil and Gas Representative
    [ mailing address or email address, as specified by the First Nation ]

IOGC:

Remediation Action Plans and Reclamation Applications

Must be sent to the First Nation and IOGC as specified below.

First Nation:

  • Chief and Council
    [ Name of First Nation ]
    c/o Oil and Gas Representative
    [ mailing address or email address, as specified by the First Nation ]

IOGC:

  • Environment Business Unit
    Indian Oil and Gas Canada
    100-9911 Chiila Blvd
    Tsuut'ina AB T3T 0E1

Important note: IOGC requires all submissions to include both a paper copy and an electronic copy. Emailed copies will not be accepted.

Electronic copies (e.g. PDF) must be an exact duplicate of the paper copy. Failure to meet this requirement will result in significant processing delays.

For more information

Manager, Lease Administration
Indian Oil and Gas Canada
100-9911 Chilla Blvd
Tsuut'ina AB T3T 0E1
Telephone: 403-292-5625

Related links

Did you find what you were looking for?

What was wrong?

You will not receive a reply. Don't include personal information (telephone, email, SIN, financial, medical, or work details).
Maximum 300 characters

Thank you for your feedback

Date modified: