The Northwest Territories (NWT) in Canada's north have
released for public comment proposed Hydraulic Fracturing
Filing Regulations under the NWT's Oil and Gas
Operations Act. If brought into force, the proposed
Regulations will require an operator who wants to
hydraulically fracture a well to submit to the Ministry of
Industry, Tourism and Investment, among other things:
a Risk Assessment which identifies the threats and hazards from
the proposed hydraulic fracturing operation to safety and the
environment and the mitigative measures to manage those threats and
an Environmental Protection Plan prepared in accordance with
the Environmental Protection Plan Guidelines and which
demonstrates, among other things, that "green completion
techniques" will be used to ensure that 90% of the flow back
gas and oil vapour is recovered and that 95% of any gas or oil
vapour not recovered is incinerated;
surface and ground water information;
a description of how suspected seismic events will be monitored
and reported; and
a list of the chemicals in the hydraulic fracture fluid and
An applicant also must indicate to the Ministry if they are
willing to publically disclose certain information in their
application, including the chemicals to be used. If they are not
willing, they have to explain the reasons for that decision. At
this point, it is unclear if the Ministry will agree that the
chemical composition of fracturing fluids must not be publicly
disclosed if it is confidential business information.
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Canada is a constitutional monarchy, a parliamentary democracy and a federation comprised of ten provinces and three territories. Canada's judiciary is independent of the legislative and executive branches of Government.
In Bank of Montreal v Bumper Development Corporation Ltd, 2016 ABQB 363, the Alberta Court of Queen's Bench enforced the "immediate replacement" provision in the Canadian Association of Petroleum Landmen 2007 Operating Procedure...
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