On April 1, 2015, the Government of the Northwest Territories
released the Hydraulic Fracturing Filing Regulations
pursuant to section 53(1) of the NWT Oil and Gas Operations
Act, S.N.W.T. 2014,c.14. The Government is seeking public
comment on the Regulations until June 29, 2015.
The Regulations prescribe the filing requirements for companies
that intend to use hydraulic fracturing in the NWT. The Regulations
are based heavily on existing National Energy Board guidelines, but
include four requirements which are based on what the Government
states are the priorities of NWT residents. Under the new
requirements, an Applicant who wants to use hydraulic fracturing
Submit baseline surface and
Indicate their willingness to
disclose a pre-fracturing report, which will include a Risk
Assessment Report, Environmental Protection Plan, and a list of
chemicals used in their fracturing fluid;
If an Applicant consents to the
disclosure of the pre-fracturing report, they must provide a
timeline for doing so.
If the Applicant does not consent to
the disclosure of the pre-fracturing report, they must provide the
Regulator with reasons.
Describe what measures they propose
to safeguard air quality;
Provide enhanced reporting.
In addition to the new requirements, the Regulations prescribe
the documents and materials which must accompany an application for
a well approval or an operating authorization. Further, the
Government states that the Regulations do not duplicate the
regulatory requirements of other territorial legislation or
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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