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Chapter C4 ver. 1

SURVEYS OFFSHORE

Table of Contents

Effective Date

This Chapter is effective January 1, 1997. It was originally published as Chapter C4 of the Third Edition of the Manual of Instructions for the Survey of Canada Lands.

Chapter Sections

General

  1. Canada's offshore may be divided into six areas according to the 1982 United Nations Convention on the Law of the Sea. These areas are referred to baselines established under the Territorial Sea and Fishing Zones Act. The areas are as follows:
    1. internal waters, which include all waters landward of the baselines;
    2. territorial sea, which extends up to 12 nautical miles seaward from the baselines;
    3. contiguous zone, which extends from the outer limit of the territorial sea up to 24 nautical miles seaward from the baselines;
    4. exclusive economic zone, which extends from the outer limit of the territorial sea up to 200 nautical miles seaward from the baselines;
    5. high seas, which is beyond the exclusive economic zone; and
    6. continental shelf, which in general may extend to a maximum 350 nautical miles seaward from the baselines.
  2. Canada has complete jurisdiction over internal waters and the territorial sea, subject to the right of innocent passage in the territorial sea. Canada also has declared exclusive fishing zones extending up to 200 nautical miles from the baselines and has asserted jurisdiction over the continental shelf as defined in the Canadian Laws Offshore Application Act. Canada's jurisdiction in the offshore is also subject to various treaties signed with other countries.

Line of Administrative Convenience

  1. Administrative responsibility for oil and gas and minerals in the offshore is divided between two departments of the federal government. For administrative convenience, a line is used to separate the area of jurisdiction of each department. This line is described in Schedule VI of the Canada Oil and Gas Land Regulations (see Chapter A3). It is generally the 60 th parallel of latitude and the north shores of Hudson Bay and Hudson Strait (see figure C4-1).
  2. The Department of Indian Affairs and Northern Development administers oil and gas and minerals north of the line, while the Department of Natural Resources administers oil and gas and minerals in the offshore south of the line.
  3. The provinces through provincial legislation have exercised jurisdiction to other resources, particularly fisheries, in the offshore south of the line of administrative convenience. The matter of jurisdiction to land resources other than oil and gas and minerals in the offshore adjacent to the provinces needs to be dealt with on a case by case basis.

Administration of Oil and Gas Rights

  1. Canada administers oil and gas rights over the internal waters, territorial sea and the continental shelf.
  2. The Northern Oil and Gas Directorate, Natural Resources and Environment Branch of the Department of Indian Affairs and Northern Development administers oil and gas rights in the offshore north of the line of administrative convenience.
  3. The Northern Oil and Gas Directorate is located in Hull, Quebec. There is also a regional office in Whitehorse, Yukon Territory and in Yellowknife, Northwest Territories. Copies of licenses and other documents pertaining to oil and gas rights for lands north of the line of administrative convenience are available from the Office of the Registrar, Northern Oil and Gas Directorate in Hull.
  4. The Frontier Lands Management Division, Energy Sector, of the Department of Natural Resources is responsible for oil and gas rights in the offshore south of the line of administrative convenience, except for the Accord Areas referred to in paragraph 11.
  5. The Frontier Lands Management Division is located in Ottawa, Ontario. Copies of licenses and other documents pertaining to oil and gas rights for lands south of the line of administrative convenience are available from the Frontier Lands Management Division.
  6. For joint management and revenue-sharing of offshore petroleum resources, the following accords have been made:
    1. in 1985, the Atlantic Accord provided for the establishment of the Canada - Newfoundland Offshore Petroleum Board to administer interests in petroleum resources in the Newfoundland and Labrador offshore areas; and
    2. in 1986, the Canada - Nova Scotia Offshore Petroleum Resources Accord provided for the establishment of the Canada-Nova Scotia Offshore Petroleum Board to administer interests in petroleum resources in the Nova Scotia offshore areas.
  7. The Canada - Newfoundland Offshore Petroleum Board is located in St. John's, Newfoundland. Interests in petroleum resources within the offshore adjoining Newfoundland and Labrador are issued by the Board in accordance with the provisions of the Canada - Newfoundland Atlantic Accord Implementation Act. Copies of licenses and other documents are available from the Board.
  8. The Canada - Nova Scotia Offshore Petroleum Board is located in Halifax, Nova Scotia. Interests in petroleum resources within the offshore adjoining Nova Scotia are issued by the Board in accordance with the provisions of the Canada - Nova Scotia Offshore Petroleum Resources Accord Implementation Act. Copies of licenses and other documents are available from the Board.
  9. The National Energy Board, located in Calgary, Alberta, is responsible for all exploratory and development activities such as drilling and seismic programs. The National Energy Board is not responsible for the drilling programs for the Accord Areas; however, it does maintain a data base showing well locations and other information. The Offshore Boards are responsible for regulating activities in the Accord Areas.

Administration of Mineral Rights

  1. The Mining Directorate, Natural Resources and Environment Branch of the Department of Indian Affairs and Northern Development administers mineral rights in the offshore north of the line of administrative convenience. Documents pertaining to mineral rights in the Northwest Territories are recorded in the office of the mining recorder.
  2. The Resource Management Division, Mineral Policy Sector, of the Department of Natural Resources in Ottawa administers mineral rights in the offshore south of the line of administrative convenience.

Legal Surveys

Oil and Gas
  1. Surveys or land descriptions are required for oil and gas development in connection with:
    1. exploration, significant discovery, and production licenses;
    2. drilling approvals; and
    3. surface rights required for pipelines, wellsites and other related facilities.
  2. Land descriptions for exploration, significant discovery and production licenses are based on a geographical grid system as defined in the Canada Oil and Gas Land Regulations.
  3. For exploratory wells completed for production, for development wells, and for offshore development structures, legal surveys are required as outlined in sections 20 and 21 of the Canada Oil and Gas Land Regulations.
  4. Section 104 of the Canada Oil and Gas Drilling Regulations, section 74 of the Newfoundland Offshore Petroleum Drilling Regulations, and section 74 of the Nova Scotia Offshore Petroleum Drilling Regulations, require a legal survey to confirm the location of:
    1. any development well;
    2. any discovery well; or
    3. any other well, on the request of the Chief Conservation Officer.
  5. Subject to paragraph 22, specific survey instructions are not required for oil and gas surveys. General instructions for these surveys are given in Chapter D7. Plans of survey are forwarded to the Surveyor General in Ottawa for examination and recording in the Canada Lands Surveys Records. Copies of these plans are available from the office of the Surveyor General in Ottawa. They are not available from any regional office of the Surveyor General Branch.
  6. On Canada Lands, specific survey instructions are required for control surveys carried out to support surveys of oil and gas rights under the Canada Oil and Gas Land Regulations. General instructions for these surveys are given in Chapter D12.
  7. Legal surveys for surface rights required for pipelines, wellsites and other related facilities are carried out under the Canada Lands Surveys Act.
Mineral Claims

24. There is no particular legislation to deal with surveys for mineral rights in the offshore. Disposition of mineral rights in the offshore comes under the Federal Real Property Act.

Figure C4-1 Areas of Jurisdiction for the Management of Petroleum Resources in the Offshore

Areas of Jurisdiction for Management of Petroleum Resources in Offshore Text description of Figure C4-1