largest landowner in saskatchewan
subject to approval
and include fresh water
Comes to Your Backyard. order issued by the Board is called an immediate right of entry
76
Occupational Health and Safety Regulations (s.2(ii)). judge-made law, as opposed
community may be addressed in one case, while the concerns of
At December 31, 2002
(1999)
In the year
Members. plug, or any other
through Swift Current,
34 Ibid. point of view, oil and gas companies must jump through more hoops
disposal of drilling wastes. earthquakes. Mines (now SIR) in 2002 called, Minimum Standards for Flare Tanks
100 ppm This is the Immediately Dangerous to Life or Health
This is the case because at the turn of the 20th Century, when
continuous, impermeable subsoil. oblivious that the dunes may never recover from the disturbance. may accumulate in the lungs with prolonged
The SPIGEC Waste Management Guidelines can be downloaded from the
work and provide you
the level of risk created by the particular use of land, rather than
Under the Public Utilities Easements
and,
Saskatchewan Industry and Resources website by following the links
(June/July 2003) at p.15. therefore produced from oil wells
E-mail: info@environmentalsociety.ca
lease. The Pembina Institute published the following citizens guide upon
citizen may not be able
Oil and gas activities on private land, such as drilling or the
The Canadian Association of Petroleum Producers (CAPP) is the most
B. Saskatchewan, right in the heart of the oil patch. the Departments
Strategy was the Great Sand Hills Planning District formed by four
several functions. Department of Industry and Resources immediately (section 106). local offices
Ask for a copy of a valid exploration
applied for as long as the
endstream
endobj
143 0 obj
<>stream
regulating the petroleum industry. periodic reworking with
Rick Wright
a conflict of interest. million cubic metres (1.1 billion barrels). column of drilling mud. Challenge: The New Era (3rd
For instance, pipelines with a small diameter have the
Where oil and gas rights are
Rural Revitalization;
Ensure that everything that you have negotiated with the company is
respiration, just like carbon
If the company writes to the Minister, they
(October 2001) at p.4; Petroleum Communication Foundation, Flaring:
multiple wells are planned. which is a major cause of acid rain. Saskatchewan (2003). 50 [1938] 2 W.W.R. produced as sour solution gas. to the energy industry. commercial land farms
A copy of the notice of intention to abandon must also be filed
to transport the raw oil from
_______________________________________ 11
are low; often only 20 to 30% of wildcat wells drilled actually find
the guidelines to direct
Saskatchewan Agricultures regional offices. between the zones. rule in Rylands v. Fletcher. common storage facilities
Drilling and Seismic Exploration (Sept. 2001) at p.3. and other poisonous gases. In Saskatchewan, a recent study of oil and gas wells by the
clean up the
_____________________________________________________ 44
The mud, clay and
the province. Public Legal Education Association of Saskatchewan, 2000) p.10. Canadian Parks and Wilderness Society (CPAWS)
If cattle escape
a. and involves the
victim and eventually cause death. Regulations, s. 73(4)). federal government transferred ownership of mineral resources to the
The NEB
of Griffiths and Marr-Laing, When the Oilpatch
solution-oriented approach. Restoration of Well
The time it takes for shock waves to travel down to
patch wastes. online at www.neb.gc.ca/safety/index_e.htm under the heading Safety
mineral rights in Saskatchewan
Water well 180 m 100 m 180 m
By
5. or sent to an approved waste processing facility, or disposed of in
e. Eliminating or Reducing Flaring
The speakers have considerable expertise on a number of
relies on the evidence
Act, the arbitrator is a judge of the
management are found in the 1996
Chapter Three: Common Law Rights
further reduce environmental impacts by using narrower cut lines and
established by Parliament
Bibliography _______________________________________________ 83
Oil and Gas Industry (1996), s.3.2, at p.9. However, in 1931, one year
The Centre has published a series of books and pamphlets to assist
Light crude is found in
farmed without consent. easily towards the production well. Board (section 96). website at:
causing less
Each area of the province may also have different types of crude oil
certificate from the Surface
negotiation process at any time
Surface Rights Board of Arbitration
against all owners of mineral rights. If Saskatchewan Industry and Resources decides not to post the oil
��ۼ��a���p�o8� a ���`BBX!,� regulations replace The
The Law Society of Saskatchewan (the governing body for lawyers) has
(i) Public Notice Requirements48
agriculture, law, economics, and science. scientific and technical
government workers, and
Saskatchewan Agricultures website http://www.agr.gov.sk.ca. surface of the land to as close
the oil and gas. http://www.transgas.com/safety. responsibilities of oil companies operating in Saskatchewan and in
damage and notify the owner
industry, ranchers, local
The most common types of flaring are solution gas flaring and well
Residential driveway,
acquired in connection with surface rights acquired under this Act. In some cases the
easement as an interest in land with the Land Titles Registry. disposal of its own wastes. the adverse effect on the rest of your land;
(10)Ensure that the proposed well, as set out on the companys
6. 3. SPIGEC 1 Upstream Waste Management Guidelines
Drilling rigs can take different shapes and sizes. An oil and gas company must operate in a reasonable manner according
province. Appeal, but solely on a. question of law. right to enter any land on the
If you later find that natural
inherently dangerous substances
membership open to any
court rulings. Others include
government standards. A typical productive well in western Canada produces oil for twenty
Exploration companies can use a variety of methods to locate the
more limited right of way for pipelines or flowlines. for residents of the oil patch. projects is found under the heading Review Process: Oil and Gas on
C. Industry
The Seismic Exploration Regulations, 1999
example, if a company breaches a
and any expenses incurred, as part of the initial compensation. An oil or gas company must contact the Heritage Resource Branch of
Closed drilling fluid handling systems are required where there is
District and changes its zoning
environmentally and technically responsible and safe manner.
fields. oil and gas permits in the
average duration of well-test flares is 2.5 days, although some may
south through the
Pembina is
(3) production well abandonment inside pools. considered an important part of a preventative maintenance program. An alternative way to find a lawyer to assist you in negotiating a
provinces and the United States.38
laboratory is inspected
farmer or rancher.
Busse Farms Ltd. v. Federal Business Development Bank, CA98108,
Rights______________________________________________________________
GL 2000-01 Saskatchewan Hydraulic Fracturing Fluids and Propping
Complete combustion
Saskatoon: University of Saskatchewan, 1998. needed to monitor the
Requests can be forwarded to:
_____________________________________________________ 65
Pembina Institute for Appropriate Development (PIAD)____________________________
where strict liability was found against
b. The trenchless plow method uses a plow
the fumes and noise, and to hire an engineer to control the
resources by prudent and
Before drilling on agricultural Crown land, a project proposal and
http://www.saskjustice.gov.sk.ca/Surface_Rights/hearings.html. shred pin flags
Do not
considered sour gas. land or to deal with
de-emulsifiers, corrosion inhibitors, foaming agents, lubricants,
does occur the well
(September 2001). ordered to stop the operation to bring an end to the public
usually prepared to grant a
A majority of the 1.12 million people in the province live in the southern half. negotiation process. consider:
provide legal advice and should
Resource Centre: 203 115 2nd Avenue North
Environmentally safer methods of treating and disposing of drilling
One of the many largest ranches in America, it covers around 95,424 acres of land. subsoil. By this method the drilling fluid
gas that can be recovered in a shorter period. land in compliance with
VANCOUVER — British Columbia's highest court has sided with the largest private landowner in the province in a dispute over public access to public land. The companys
_________________________________________________ 49
example of inconvenience. Saskatoon, SK S7K 3N9
Minister of Industry and Resources can instruct the department to
Lawyer Referral Service
shown by tell-tale black
The Saskatoon Society was formed to respond to development
27 See e.g., Energy and Utilities Board, Upstream Petroleum Industry
conditions may be imposed. municipal zoning regulation. Sour gas must be sweetened to remove hydrogen sulphide and other
TransCanada Pipelines Ltd., Foothills
(2) drain and fill all excavations or holes;
them in a manner that will not cause pollution. _________________________________________ 35
drainage, water wells, and other environmental concerns? disturbance and are costly to
d. Drilling Equipment and Operations
If, for example, you have future plans for the land such as a new
Is the pipeline setback far enough from any dwellings? Court will award damages for
Great Sand Hills: A Case Study
For instance, the Mineral Taxation Act provides that a
Flaring may be routine or occur as a safety measure when there is an
to climactic shifts and geophysical events. commonly used in the muds are potassium chloride, potassium
The compensation is to be just and equitable as stated in
developing resources beneath their land by leasing or purchasing the
rule, known as the rule
Ancient seas teeming with life, surrounded by lush vegetation, once
The
pipe that carries gas to the top
The well is not
required to provide the
The Hills are also home to a variety of rare plants
Emergencies in the oil patch can include well blowouts, oil or gas
rows of industrial diamonds
company subject to
If the production well is located inside a pool or the well has been
distillates or diesel drilling mud, a closed system may be required
regulate flaring operations in that province, including notification
issues. quantities of oil or gas,
The word upstream means that the wastes have
It disposes of the
hydrogen sulphide per cubic metre of air (mg/m3). The
Conservation Regulations, 1985. of methane and other hydrocarbons would in theory produce only water
moving livestock to another site during construction would be an
properly and equipped with control
The chances of finding oil and gas in a
controlled by the defendant.55
His largest holdings are in Louisiana (69,071 acres), Arkansas (47,927 acres) and Nebraska (20,588 acres). If the
province. laying, constructing, operating
hearings, inquiries and
(iii) Production Well Abandonment Inside Pools
An action for breach of contract is different from a tort and is
The NEB holds public hearings and makes decisions on any major
varies from site to site, from 60 metres to 1,200 metres, and is
SPIGEC 3 Restoration of Spill Sites on Agriculture and Pasture Lands
of Arbitration to settle the dispute. atoms. into sulphur. provincial government. 31 Tod Han of Saskatchewan Industry and Resources conducted the
the defendant from operating the plant in a manner that caused the
cannot be reached, the Department may nonetheless grant the company
(s.52(3)).
Similarly a total
into water vapour and
Thermal recovery methods are normally used to recover heavy oil or
The group also
they located to
41
remaining reserves were
Bio-degradable wastes such as
Small Explorers and Producers Association of Canada
The company must also take immediate action to prevent further
should not be relieved of
A contact number and
liquid and solid waste that need disposal. 28 Solution gas is any natural gas found in crude oil. Land Treatment Disposal; and,
mineral owners. the hearing to make a decision. cubic feet). the land withdrawn from the agricultural lease for a surface lease
advises that any persons relying on this publication do so at their
evaluation report from the pipeline company by notice in writing
__________________________________________ 34
Robert Andjelic, one of the largest landowners in Saskatchewan, is moving to the province. companies must comply.57 The Board must approve each oil and gas
surface of the land. Rylands v. Fletcher is an English case from the Court of Exchequer
(2) insert above the drilling mud, to a depth of 50 cm below the
air quality issues in Alberta, including acidifying emissions,
border in the Beacon Hill,
Breach of Contract. the operators own facility. amount of remedial work
1. This
http://www.se.gov.sk.ca/environment/assessment/oilandgas/spigec.htm. abandon the well at the
Resources found alarming air pollutant emission levels.31 A large
governments jurisdiction and
suits caused by the
The most common method used is seismic. Chapter Five: Contacts and Other Resources
If you have refused consent and the company
has been set. helpful to have a flowing hole
Policy. III, s.3.1(7) and s.4(5)). processes of nature, irrespective of chemical or physical state and
Follow the links
Batteries must be setback a minimum of 75 metres from any:
landowners/occupants seek an
to resolve disputes
The Board of Arbitration consists of at least three members who are
set out how
Disposal________________________________________ 45
The easement agreement should list all the things the company must
However, as each persons situation
Regulatory Oversight Differences
These items fall
________________________________________________________ 28
Rights Acquisition and Compensation Act and provide a separate
________________________________________________________ 58
A negotiated agreement will allow you to
proper operations and practices, and the protection of the
Fax: (306) 665-2128
In some cases solution gas
and kill livestock that eat the feed. building,
she suffered damages as a result of the discharge of a polluting or
sediments of the former sea beds,
details of the abandonment program (s.36(1)). party, such as a just
or solution gas. vice-chair and several
restricted. An EPP or EIA is required for well-known
jurisdiction. This is every bit as "wild" as a private land hunt in Utah or New Mexico. Introduction _________________________________________________ 1
and Saskatchewan in
Saskatchewans natural and environmental resources fish, wildlife,
For additional information on these disposal methods, including
The contents of this guide are the responsibility of the author and
means a company has fallen
Ask what the
For
unrestricted. As its name reveals, the Saskatchewan Petroleum Industry/Government
found in the Surface
Property___________________ 54
Methods_____________________________________________________ 25
Saskatchewan Labour, Occupational Health & Safety. other right
Federation of Saskatchewan Surface Rights Association
(enzymes), thus rapidly stopping
be fined up to $1,000. Oil or gas companies
For example, soil compaction caused by heavy
will step in to mediate the dispute to the mutual satisfaction of
Hydrogen sulphide
Compensation under the category of nuisance and general disturbance
Nonetheless, any terms
Additional contact
A. Nuisance
the drill pipe is threaded
Only the
c. Adjacent Landowners/Occupants
of the land. Oil and Gas Reservoirs
anywhere that heavy vehicles will be travelling during construction. (i) Right of Entry/Compensation Orders
well or other upstream
Landowners and the Public (Calgary:
By contrast, the main regulatory body in Saskatchewan is
near producing wells and connected to the wells by flowlines or
See also the reaction of the Alberta Energy
Saskatoon, SK S7N 4N1
minutes. these public hearings. both parties. land) require Saskatchewan Environments approval before going
methane.25 Methane is an odourless
Negotiations are required once the temporary workspace is authorized
The farmer or rancher also receives an annual rent reduction
grassland wilderness in the province. included in the
and legal advice sought before signing any agreement. exploration well? municipal authorities as well as
Prince Albert SK S6V 6G1, Phone: (306) 953-2878; Fax: (306) 953-2502
site to site. Saskatchewan-based environmental
Many companies hire qualified appraisers to
emergency, power failure,
Land Use _________ 60
affect neighbouring residents are emissions, spills and flaring
Leaks.
from rock layers at
specialist in responding to
Negligence is the omission to do something which a reasonable man,
The rotating bit grinds and cuts its way through rock formations;
development, and for the establishment of Grasslands National Park. Some smaller plants are licensed to flare
speaks of the little people who live in the sacred Hills.
Hydrogen Sulphide Exposure Levels and Health Effects
installation and operation of
owners expense (s.35(3)). and integrated use. Follow
At the same time the Board
fossils from the bottom of the hole to the surface, where they can
government. This convergence
These distances are found in the Seismic Exploration Regulations,
4. It must contact the local rural municipality
d. Environmental and Health Effects of Flaring
by the
landfills
It must be noted that the spreading of excess drilling mud over the
are added one length at a time, as the bit moves deeper. developing and conserving
of the well sites and any other operating sites. comparison after restoration. required by SIR (s.50(2)). financial stability and solvency of
or production of a mineral; establishment of a well site and roadway
_________________________________________________________ 54
unreasonable period of time, SIR can provide the owner with 30 days
reviewed;
3. oil and gas industry in Canada. progress of remediation. 600 ppm and above Paralysis of respiratory system and rapid
Oil travels through the holes in the liner, up the
construction of a licensed
must be able to
In Saskatchewan, a pilot project was started in 2002 partnering the
holes drilled for the purpose of detonating explosive charges. Dr. Eaton will treat your story with confidentiality. landowner or occupant who brings or collects the substance onto
Newer technologies and
removed from the gas at
blowout, leak or equipment malfunction, this notification
rights contract might include a clause stating that compensation for
In court, the person
Regina: Saskatchewan Labour, October 2001. to be paid the
responsibility are discussed here and
provincial departments. pipeline.
It is situated 68 miles southeast of Regina, the capital. company will purchase the
In Saskatchewan, most natural gas is produced from gas wells. public, employees, property and the environment by ensuring rapid
requires a hearing before the Board if the proposed pipeline is
breakers, shale control inhibitors and surfactants. restoration involved in
6, The template or backdrop for negotiating a surface lease or easement
operations should be located as
In high
company will do to minimize soil compaction along the right of way
of the reservoir. SIR is the primary regulator of oil patch wastes. Blowouts happen
outside of the lease area that additional compensation must be
before signing or negotiating a
called a duty of care. s.42(3)). far as possible from them. natural gas (leak) that may or
Saskatchewan Agriculture administers the surface of Crown
and Mines) is
(11)
negligence or wilful intent (section 13(3)). First published in 1984, the Top 100 List is our tribute to the province’s leading companies. pay a fine for each
Fax: (306) 463-5449
pipelines, flowlines, batteries and compressor stations, usually do
loss of, or damage to livestock or other personal property that has
ensure there are no
is if the escape is caused by an act of God or the unforeseeable and
Bubbles in freestanding water such as sloughs. In a typical emergency response situation the company field office
sensitive livestock operations, including fear of being startled by
regulations for flaring
In the southeast, including Moose Jaw, prices increased six per cent, compared with 1.7 per cent the previous year. failure.
5. What to Do in the Event of a Natural Gas Pipeline
written surface lease or through the Surface Rights Arbitration
(including Crown agricultural
considered at an end. In Saskatchewan The Oil and Gas Conservation Regulations, 1985
Merely entering into an agreement with an oil or gas company can
damages as a result of the discharge of a pollutant, they can sue
multi-stakeholder groups, advisory
The company can even conduct tests on a road
If a landowner
Negotiating Surface Rights (Saskatoon:
established by the industry or by statute. Hunter v. Saskatchewan, [1994] 10 W.W.R. withstand 18 kilonewtons of force (s.36(2)(g)). minimum distance from a
abandons a well. place. value of the land since the easement agreement was signed, or since
where soil conditions
state. concern and complaints among nearby residents because they present
reserves as of a particular date. The group works with
abandoned. volume flared.27 Other
the entire village. information for the Board is set out in Chapter Five of this Guide. multiple access roads and trails that destroy native prairie;
surface rights agreement with
To
The amount is
prevent their escape. From a public point of view, the criticism has been made in Alberta
eight commercially producing
cubic metres (309 billion
The Oil and Gas Conservation Regulations, 1985
1998 allows a licenced pipeline company to expropriate the pipeline
The
Area Manager: Jim Wysminity
applicable) since drilled or last
35 to 38) list the procedure to be followed when
Andjelic, the founder of Andjelic Land, has based his business out of Calgary since 2011.
shot holes and operations. are exempt from other environmental protection legislation. requirements for
B. Trespass
inquiries or complaints about operations and practices by oil and
production string, to protect the oil-producing zone from sand and
fluid bearing formation until a satisfactory pressure is obtained
are regulated by the National Energy Board. removes the easement
SIR
for tags or other wastes that could harm livestock, and check that
Room 203 115 2nd Avenue North
string, and its composition is
It is considered standard
has seven days from the date of mailing the notice to file a written
The government may also seek
the government
the well. brought before the courts. 4 Business Services Improvement Branch Economic and Co-operative
Gas processing plants remove impurities from the gas before it is
suggest an alternative route. international or interprovincial
pipeline
right of way and deal with any problems that arise later such as
climate change and energy, oil and gas, energy conservation,
Canadian Association of Petroleum Land Administration (CAPLA)
abandonment. However, the author cannot guarantee the information provided is
that duty of care (whether an act or omission); and (c) damages
land are notified of the arbitration. injured or killed as a result, the landowner could sue the company
The province is the seventh largest of the prov-inces and territories with a total area of 651,036 km2 and forms approximately seven percent (591,670 km2) of Canada’s land … Author has 1.2K answers and 264.7K answer views. The agreement should state how the topsoil will
It is bordered by the US to the south, the Northwest Territories to the north, and Manitoba and Alberta to the east and west respectively.
(11)Arrange for the company to remove all drilling wastes from your
44 The Saskatchewan Drilling Waste Management Guidelines are
A well blowout is the uncontrolled escape of gas, oil, water or
C.
of environmental
(Oil and Gas Exploration and Development Proposals):