Acts and Regulations

86-191 - Geophysical Exploration

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 86-191
under the
Oil and Natural Gas Act
(O.C. 86-1026)
Filed December 19, 1986
Under section 59 of the Oil and Natural Gas Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the Geophysical Exploration Regulation - Oil and Natural Gas Act.
2In this Regulation
“Act” means the Oil and Natural Gas Act;(Loi)
“developed spring” means an area of local groundwater discharge that is intended for long-term use and that has had human intervention to make the water usable or attainable for domestic or non-domestic purposes or both;(source naturelle aménagée)
“Director of Surveys” means the Director of Surveys designated under section 3 of the Surveys Act;(directeur de l’arpentage)
“District Transportation Engineer” means the engineer in charge of a highway district established under section 14 of the Highway Act;(ingénieur régional des transports)
“geophysical equipment” means any equipment used for, or in connection with, or preparatory to geophysical exploration;(équipement géophysique)
“geophysical permit” means a permit to operate geophysical equipment granted by the Minister under section 13;(permis de travaux géophysiques)
“highway” means a highway as defined in the Highway Act;(route)
“monument” means a device planted by a surveyor;(borne)
“municipality” means a local government as defined in subsection 1(1) of the Local Governance Act; (municipalité)
“Oil and Natural Gas Survey System” means the survey system established under the Survey System Regulation - Oil and Natural Gas Act;(système de quadrillage de référence pour le pétrole et le gaz naturel)
“road” means any public road, road allowance or right of way other than a highway;(chemin)
“seismic explosive energy source” means an energy source that uses dynamite or other explosives in a shothole to produce a signal to acquire exploration data;(source d’énergie sismique explosive)
“seismic non-explosive energy source” means a mechanically generated energy source at the ground surface that is used to produce a signal to acquire exploration data, including by vibroseis and by air gun.(source d’énergie sismique non explosive)
2005-75; 2013-57; 2017, c.20, s.125
GEOPHYSICAL LICENCE
3(1)An application for a geophysical licence shall be on a form provided by the Minister and shall be accompanied by
(a) a preliminary plan, in duplicate, of the proposed geophysical exploration, for approval by the Minister;
(b) the fee set out in Schedule A;
(c) the security deposit as set out in Schedule B;
(d) a statement of the projected cost of the proposed geophysical exploration program; and
(e) such other information as the Minister may require.
3(2)The preliminary plan referred to in subsection (1) shall
(a) be of a scale not smaller than 1:50,000;
(b) outline the area in which the geophysical exploration is to be undertaken and show the location in accordance with the Oil and Natural Gas Survey System; and
(c) show the approximate location of
(i) existing roads and highways to be used for access to the exploration area,
(ii) existing lines and trails to be used,
(iii) proposed lines and trails to be cleared or bulldozed, and
(iv) proposed campsites and landing strips where appropriate.
3(3)Where, in the Minister’s opinion, the proposed geophysical exploration will result in the clearing or bulldozing of more new lines and trails than are necessary for the geophysical exploration, the Minister may, by giving the applicant notice, make his approval of the preliminary plan conditional upon
(a) an increase in the security deposit; and
(b) all or part of the lines and trails proposed on the preliminary plan, as specified by the Minister, not being bulldozed or cleared.
4The Minister may grant a geophysical licence for a term of one year from the date the licence is granted where the requirements of section 3 are met.
5An application for renewal of a geophysical licence shall be made by submitting to the Minister, at least thirty days before the termination of the geophysical licence,
(a) an application on a form provided by the Minister;
(b) the fee set out in Schedule A;
(c) the security deposit as set out in Schedule B;
(d) a statement of the total expenditure made by the geophysical licensee during the term of the then existing licence;
(e) a copy of the final report under subsection 12(1);
(f) evidence satisfactory to the Minister that the Act and the regulations have been complied with;
(g) a statement of the projected cost of the geophysical exploration program; and
(h) such other information as the Minister may require.
6The Minister may renew a geophysical licence for terms of one year each from the date the renewals are granted where, for each renewal, the requirements of section 5 are met.
6.1(1)A security deposit referred to in section 3 or 5 shall be used for the following purposes:
(a) to ensure that operations are conducted in accordance with the Act and the regulations to the satisfaction of the Minister;
(b) to ensure that all reports and information required under the Act and this Regulation have been submitted; and
(c) to restore or repair Crown lands or private land or other property damaged or adversely affected during geophysical exploration conducted by a geophysical licensee or a permittee.
6.1(2)If all or any part of a security deposit is used or expended under this Regulation, the geophysical licensee shall immediately pay to the Minister of Finance and Treasury Board the amount necessary to restore the amount of the security deposit to the amount required under Schedule B.
6.1(3)Subject to subsection (4), a security deposit shall only be refunded to a geophysical licensee if any damage to Crown lands or private land or other property has been repaired.
6.1(4)A security deposit shall not be refunded to a geophysical licensee any sooner than six months after the date the geophysical exploration program has been completed.
2013-57; 2019, c.29, s.111
7(1)The following are the terms and conditions of every geophysical licence granted by the Minister:
(a) where a geophysical licensee terminates his or her licence or discontinues carrying on business in the Province or, being a corporation, ceases to exist as a corporate entity within the Province, all reports, plans, data and maps supplied become property of the Crown in right of New Brunswick and may be made available to the public by the Minister after the expiration of one year after the termination of the licence;
(b) a geophysical licensee is liable for the cost of repairing damage caused by a geophysical permittee doing geophysical exploration on his or her behalf;
(c) a geophysical licensee shall follow the preliminary plan conditionally or otherwise approved by the Minister and shall not bulldoze or clear the certain lines and trails specified by the Minister not to be bulldozed or cleared; and
(d) a geophysical licensee shall comply with the Act and this Regulation and shall ensure that any person acting on his or her behalf shall so comply.
7(2)If subsection (1) is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, subsection (1) prevails.
2013, c.34, s.24
8(1)Before a geophysical licensee recommences geophysical exploration that has been interrupted or ceased for a period of time longer than one month, he shall submit a new preliminary plan in accordance with subsection 3(2) to the Minister for his approval.
8(2)The new preliminary plan submitted by a geophysical licensee under subsection (1) shall be deemed to be approved by the Minister on the eleventh day after the date it is received by the Minister unless the Minister gives prior written notice to the applicant that
(a) the plan does not comply with subsection 3(2),
(b) the Minister has given conditional approval under subsection 3(3), or
(c) the Minister requires further information.
9(1)Every geophysical licensee shall allow the Minister, or any person designated by the Minister for the purpose, to inspect, at any reasonable time at the business premises of the licensee, any field data or field reports obtained by the licensee or his representatives during the course of conducting operations.
9(2)Upon the request of the Minister or any person designated by the Minister for the purpose, every geophysical licensee shall, without notice, forthwith produce for inspection in New Brunswick any field data or field reports obtained by the licensee or his representatives during the course of conducting operations.
10Every geophysical licensee and his representatives shall render to the Minister or any person designated by him such assistance as may be necessary for the purpose of enabling the Minister or that person to inspect the field data or field reports.
PROGRESS REPORTS
11(1)A permittee shall submit to the Minister a geophysical progress report, on a form provided by the Minister, on the following dates:
(a) the date of commencement of the geophysical exploration program;
(b) on Monday of each week after the date of commencement while the geophysical exploration program is being carried out; and
(c) on the date of completion of the geophysical exploration program.
11(2)A geophysical progress report shall include the following information:
(a) the contact information of the permittee’s field manager;
(b) the location of the permittee’s field headquarters;
(c) details of the progress of the geophysical exploration program, including details of cutline construction operations, survey operations, drilling operations and data-acquisition operations;
(d) the date of an intended shutdown of the operations and, if the shutdown is to continue for more than five days, the date that operations will resume;
(e) if shotholes or testholes are drilled, the location of any holes where water was flowing or gas was released; and
(f) if explosive charges are used, the location of any misfired charges.
11(3)The Minister may exempt, in writing, a permittee from any or all of the requirements in subsection (2) if he or she is satisfied that
(a) no shotholes or testholes will be drilled,
(b) no explosive charges will be used,
(c) no new access to the geophysical exploration area will be constructed, or
(d) no new cutlines will be constructed.
2013-57
FINAL REPORT AND FINAL PLAN
12(1)A geophysical licensee shall file with the Minister not later than thirty days after the completion of geophysical exploration, in duplicate, a final report in Form 1 certified by a geologist, registered land surveyor or registered professional engineer.
12(2)A geophysical licensee shall file with the Minister, not later than three months after completion of geophysical exploration, a final plan in duplicate showing in detail
(a) the location of all new lines and trails made or constructed under the licence;
(b) the location of existing roads, highways, lines and trails which have been used under the licence; and
(c) the identifying number and location of each shothole and testhole made in performance of the geophysical exploration.
12(3)The final plan filed under subsection (2), in addition to the requirements of subsection (2), shall
(a) include locations, in accordance with the Oil and Natural Gas Survey System, certified by a geologist, registered land surveyor or registered professional engineer;
(b) be of a scale not smaller than 1:50,000;
(c) show the name of the geophysical licensee submitting the plan and the number of his licence; and
(d) include the name, permit number and address for service of any permittee who conducted geophysical exploration on behalf of the geophysical licensee.
12(4)The geophysical licensee shall file with the final plan the following documents:
(a) a log for each testhole drilled that shows the materials encountered during drilling;
(b) a report on the shotholes or testholes where water was flowing or gas was released and the measures taken to stop the flow or release and to remedy damage caused by the flow or release;
(c) where applicable, the plan for the control and management of the flow of water referred to in subsection 1(5) of Schedule C;
(d) a report of any misfire and a description of the action taken to deal with the misfire; and
(e) a document certifying that every shothole and testhole has been permanently abandoned in accordance with section 3 or 4 of Schedule D, as the case may be.
12(5)After filing the final report under subsection (1), a geophysical licensee shall, at the request of the Minister, make available to him for purposes of investigation and inspection all geophysical information and data obtained for each seismic survey completed.
12(6)The final report filed by the geophysical licensee under subsection (1) shall be accompanied by a copy of the computer stacking diagram for each line in the geophysical exploration.
2013-57
GEOPHYSICAL PERMIT
13(1)No person shall operate geophysical equipment unless
(a) he holds a geophysical permit; and
(b) he holds a geophysical licence or the work is being conducted on behalf of a geophysical licensee.
13(2)An application for a geophysical permit shall be
(a) on a form provided by the Minister; and
(b) accompanied by the fee set out in Schedule A.
13(3)The Minister may grant a geophysical permit for a term of one year from the date the permit is granted where the requirements of subsection (2) are met.
14(1)An application for renewal of a geophysical permit shall be made by submitting to the Minister, at least thirty days before the termination of the geophysical permit,
(a) an application on a form provided by the Minister; and
(b) the fee set out in Schedule A.
14(2)The Minister may renew a geophysical permit for terms of one year each from the date the renewals are granted where, for each renewal, the requirements of subsection (1) are met.
15The Minister may cancel a geophysical permit where the permittee does not comply with a provision of the Act or this Regulation.
16(1)A permittee shall, by conspicuous letters and numbers not less than ten centimetres high, mark both sides of each unit of automotive equipment used in his operations with “GPP NO.” followed by his permit number.
16(2)Subsection (1) does not apply to passenger vehicles used by supervisory personnel.
16(3)No permittee shall use a unit of automotive equipment marked with more than one permit number.
GEOPHYSICAL EXPLORATION
17(1)A geophysical permittee shall not work
(a) within the bounds of a municipality unless the consent in writing of the municipal authority is obtained; or
(b) within any highway right of way unless the consent in writing of the District Transportation Engineer is obtained.
17(2)Where a geophysical permittee has obtained consent in writing under subsection (1) to perform geophysical exploration, he shall
(a) make copies of the written consent available to the Minister on request; and
(b) immediately notify the District Transportation Engineer and municipal authority when work ceases.
18Nothing in this Regulation or the Act exempts a geophysical permittee from the provisions of the Forest Fires Act and the Fire Prevention Act.
19(1)A geophysical licensee is liable for any loss or damage resulting from any fire caused directly or indirectly by
(a) his personal negligence,
(b) the negligence of a permittee acting on behalf of the geophysical licensee, and
(c) the negligence of any other agent or employee,
upon or adjacent to the lands on which geophysical exploration is being conducted by him or on his behalf.
19(2)When a fire starts on or threatens the land or improvements on which geophysical exploration is being conducted, the geophysical licensee, the permittee and their employees and agents shall give, free of charge, their fire fighting services.
SURVEY MONUMENTS
20(1)Before the commencement of any clearing, ditching or grading work, a permittee shall
(a) ascertain from the Director of Surveys the location of monuments in the vicinity of the proposed geophysical exploration;
(b) mark conspicuously the location of each monument by a flag attached to the top of a pole standing at least 1.5 metres above the ground; and
(c) take such other precautions as may be necessary to ensure that no monument is defaced, altered, displaced, disturbed or damaged during the course of geophysical exploration.
20(2)Where a monument is found in a damaged or disturbed condition, a permittee shall immediately notify the Director of Surveys.
20(3)If a monument is destroyed, moved or damaged by a permittee, he shall
(a) immediately notify the Director of Surveys; and
(b) make payment as required by the Director of Surveys for the restoration of the monument.
20(4)Restoration of a monument shall be made by a registered land surveyor acting under instructions of the Director of Surveys.
USE OF LAND, HIGHWAYS AND ROADS
21(1)A permittee shall not clear land, with the exception of snow removal, ditching or grading closer than one metre from the limits of a highway right of way or a road right of way.
21(2)Notwithstanding subsection (1), a permittee may clear within one metre from the limits of a highway right of way or road right of way where an exit from or an entry onto a highway right of way or road right of way is required.
22No permittee shall in the course of his operations do anything that is likely to result in interference with the natural drainage of land.
23No permittee shall drive a spike, pin or other pointed object into the bed of a highway in the course of his operations unless permission is obtained from the District Transportation Engineer.
24No permittee shall
(a) leave bushes, trees, debris, refuse or other material within the limits of a highway right of way or road right of way;
(b) leave a highway right of way or road right of way in a damaged or rutted condition; or
(c) leave mud or cuttings piled within the limits of a highway right of way or road right of way, or leave snow on a highway or road.
25In conducting his operations a permittee shall take care to preserve as much as possible a free and uninterrupted passage of traffic along any highway or road.
26Where conditions are such that a highway right of way or road right of way is damaged or is likely to be damaged by the use of heavy equipment, a permittee shall suspend his operations unless he
(a) accepts full responsibility for any damage to the highway right of way or road right of way, and
(b) gives the municipal authority or the District Transportation Engineer a written undertaking and, if so required, adequate financial security to the satisfaction of the authority concerned to guarantee that repairs shall be made immediately where damage is done.
27Damage to a highway right of way or road right of way shall be repaired to the satisfaction of the owner of the highway right of way or road right of way.
28Where a highway or road is under construction, no permittee shall conduct geophysical exploration on that portion of the highway or road under construction until permission to do so is obtained from the person actually in charge of the construction and, in the case of a highway, from the District Transportation Engineer.
29Where a section of a highway right of way is under construction, no permittee shall undertake any work until permission is obtained from the District Transportation Engineer.
30Where a permittee constructs a road for access to the area where geophysical exploration is being carried out, the work shall be done in a manner consistent with good road construction practices and the cost of construction shall be borne by the permittee.
31(1)The Minister may investigate the clearing of land or disturbance of soil, and the work or restoration with respect to drainage, disposal of refuse, or any other matter in relation to geophysical exploration which may affect the present or future use of
(a) the land; or
(b) a highway right of way or road right of way.
31(2)An investigation under subsection (1) shall be carried out by the permittee in accordance with the written instructions of either the Minister or a District Transportation Engineer.
32(1)A geophysical licensee and a permittee shall allow any person for ordinary travel either on foot or by horse-drawn or motor vehicle to use, free of charge, any trails or roads
(a) constructed or built by them or on their behalf, or
(b) maintained by them in connection with their geophysical exploration,
but such person shall not interfere in any way with the licensee’s or permittee’s use of the trail or road.
32(2)A geophysical licensee or a permittee desiring to use in connection with his geophysical exploration a road built by another licensee or permittee may do so upon bearing a proportionate part of the
(a) initial costs of the construction of the road less annual depreciation; and
(b) costs of maintenance of the road proportional to the use of such road by the several users.
32(3)Where the parties fail to reach an agreement on the proportionate costs under subsection (2), the matter shall be placed before the Minister and the decision of the Minister shall be final and binding on all parties.
SHOTHOLES AND TESTHOLES
2013-57
32.1No person conducting seismic operations shall use a seismic explosive energy source or a seismic non-explosive energy source within 200 m of a water well except in accordance with the standard entitled “Water Well Testing in Proximity to Seismic Exploration: Baseline Testing Standard” as prepared by the Department of Environment and Local Government and as amended from time to time.
2013-57
32.2(1)At least 24 hours before the earliest anticipated date for commencing the seismic operations, the person conducting them shall provide notification of the operations to the occupants of all structures located within 400 m of a seismic energy source point.
32.2(2)The notification shall be in writing and shall include the following:
(a) the name of the person conducting the seismic operations;
(b) the contact information of the person conducting the seismic operations, including a telephone number;
(c) whether a seismic explosive energy source or a seismic non-explosive energy source will be used; and
(d) the anticipated date or dates that the seismic operations will occur.
2013-57
33(1)A permittee shall mark each testhole and shothole with a metal tag upon which shall be inscribed the number of the testhole or shothole and the permittee’s permit number.
33(2)The metal tag referred to in subsection (1) shall
(a) be at least seven and one-half centimetres in width and fifteen centimetres in length;
(b) be of a conspicuous colour;
(c) be wired or nailed to a post or tree;
(d) be affixed so that it faces the hole and is not farther than ten metres from the hole; and
(e) where the hole is on a highway right of way or road right of way, be on the same side of the right of way.
2013-57
34No permittee shall deploy a seismic non-explosive energy source except in accordance with the following table:
Structure
Setback
(m)
Building or structure with a concrete base, residence, barn, concrete irrigation structure, concrete-lined irrigation canal or concrete water pipeline
 
  50
Water well, artificial water hole or developed spring
100
Driveway, gateway, buried water pipeline (other than a concrete-lined pipeline), buried telephone or telecommunications line or survey monument
 
    5
Irrigation canal (other than a concrete-lined canal)
  10
Cemetery
  50
Petroleum or natural gas pipeline (measured from the centre line of the pipeline) or a petroleum or natural gas well
  15
2013-57
34.1No permittee shall deploy a seismic explosive energy source except in accordance with the following table:
Structure
Charge Weight
(kg)
Setback
(m)
 
Building or structure with a concrete base, residence, barn, concrete irrigation structure, concrete-lined irrigation canal or concrete water pipeline
 
 
all weights
180
Water well, artificial water hole or developed spring
all weights
180
Driveway, gateway, buried water pipeline (other than a concrete-lined pipeline), buried telephone or telecommunications line or survey monument
 
all weights
  15
Irrigation canal (other than a concrete-lined canal)
all weights
  10
Cemetery
all weights
100
Petroleum or natural gas pipeline (measured from the centre line of the pipeline) or a petroleum or natural gas well
>   0 ≤   2
>   2 ≤   4
>   4 ≤   6
>   6 ≤   8
>   8 ≤ 10
> 10 ≤ 20
  35
  45
  55
  64
  72
101
2013-57
35If the firing of a shot disturbs the plug of a previously abandoned shothole or testhole, a permittee shall recomplete the plugging of the previously abandoned shothole or testhole in compliance with this Regulation.
2013-57
36A permittee shall spread any surplus soil or other material removed in the drilling of any shothole or testhole so as to avoid interference with drainage and to permit access to adjoining property.
2013-57
37(1)If water is flowing from an aquifer or stratum as a result of the drilling of a testhole or the drilling or detonation of a shothole, the permittee shall comply with the requirements in Schedule C.
37(2)If the permittee does not comply with subsections 1(1) to (5) of Schedule C,
(a) the Minister may undertake the required work or authorize another person to do the work necessary to remedy the non-compliance;
(b) the Minister of Finance and Treasury Board may use or expend all or part of the security deposit referred to in sections 3 and 5 to do the work necessary to remedy the non-compliance to the satisfaction of the Minister; and
(c) if the amount of the security deposit is not sufficient to pay for the work necessary to remedy the non-compliance, the amount that is the difference between the cost incurred by the Minister to do that work and the amount of the security deposit is a debt payable by the geophysical licensee to the Crown.
37(3)If natural gas is encountered during the drilling of a shothole or testhole,
(a) the permittee shall ensure that the gas is immediately confined as close as practicable to its source, and
(b) immediately after the gas is confined, the permittee shall submit to the Minister a report, on a form provided by the Minister, in relation to the shothole or testhole where gas was encountered.
2013-57; 2019, c.29, s.111
38(1)A permittee shall ensure that a shothole or testhole that has not been permanently abandoned
(a) is temporarily abandoned in accordance with section 1 or 2 of Schedule D, as the case may be, and
(b) is not left unattended until it is temporarily abandoned.
38(2)Within 30 days after an explosive charge has been loaded in a shothole, the permittee shall ensure that the charge is detonated.
38(3) Immediately after the explosive charge is detonated in a shothole, the permittee shall ensure that the shothole is permanently abandoned in accordance with section 3 of Schedule D.
38(4)Within 30 days after the date on which the drilling of a testhole is completed, the permittee shall ensure that the testhole is permanently abandoned in accordance with section 4 of Schedule D.
38(5)The Minister may extend the periods of time referred to in subsections (2) to (4).
2013-57
38.1(1)A permittee shall develop and implement a code of practice regarding the measures to be taken if an explosive charge fails to detonate in a shothole.
38.1(2)On the request of the Minister, a permittee shall provide a copy of the code of practice to the Minister.
38.1(3)Without undue delay, a permittee shall submit to the Minister a report, on a form provided by the Minister, with respect to any explosive charge that has failed to detonate.
2013-57
RESTORATION
39(1)If, as a result of a permittee’s operations, any damage occurs, whether
(a) by the caving-in of the sides of a hole,
(b) by the interference with drainage,
(c) by the release of underground water, or
(d) otherwise,
the permittee shall at his own expense take immediate steps to remedy the damage and prevent any recurrence thereof.
39(2)If property is damaged as a result of a permittee’s operations, the permittee shall immediately restore the property as closely as possible to its original condition.
39(3)Notwithstanding subsection (2), if it is not possible to make the repairs immediately, the permittee shall take the necessary steps to ensure against further damage and shall make the repairs with as little delay as possible.
40Where a permittee is informed of damage caused by his operations and fails to take immediate action to repair the damage, the Minister may
(a) have the damage repaired; and
(b) require the geophysical licensee for whom the permittee was conducting the operations, in addition to any other penalty to which he may be subject, to be assessed the cost incurred in making the necessary repairs.
GENERAL
41(1)The Minister may order any crew operating under a geophysical licensee or under a permittee acting on his behalf to cease its operations if, in the opinion of the Minister, there has been a contravention of the Act or this Regulation.
41(2)The Minister may permit the crew to resume operations upon such terms and conditions as the Minister considers appropriate.
42Where notice is given by mail by the Minister under the Act or this Regulation, such notice shall be deemed to have been given on the third day after the date of mailing.
43Where notice is required to be given by the Minister under the Act or this Regulation, such notice shall be sufficiently given if delivered personally in writing to any person in charge of the operations for or on behalf of the permittee or geophysical licensee.
44This Regulation comes into force on January 1, 1987.
SCHEDULE A
Fees
(a)Geophysical Licence
$250
 
(b)Geophysical Licence Renewal
$  25
 
(c)Geophysical Permit
$  50
 
(d)Geophysical Permit Renewal
$  25
SCHEDULE B
Security Deposit
The security deposit shall be ten per cent of the projected cost of the geophysical exploration program up to a maximum of $100,000 per program.
2013-57
SCHEDULE C
Water Flowing from Shotholes or Testholes
Requirements when water comes to surface or flows from shotholes or testholes
1(1)If water is released from an aquifer or stratum while drilling a shothole or testhole and comes to the surface or flows from the shothole or testhole, the permittee shall, without undue delay, notify the Minister and ensure that all drilling on the flowing hole is discontinued, that no explosive charge is loaded into the shothole and that the flow of water is confined to the aquifer or original stratum in accordance with section 2 of this Schedule or in a manner proposed by the permittee and approved by the Minister.
1(2)If water is released from an aquifer or stratum and comes to the surface or flows from a shothole or testhole following the drilling of the testhole or the drilling or detonation of the shothole, the permittee shall, without undue delay, notify the Minister and ensure that the flow of water is confined to the aquifer or original stratum in accordance with section 2 of this Schedule or in a manner proposed by the permittee and approved by the Minister.
1(3)If a shothole is flowing before an explosive charge is detonated, the permittee shall ensure that the charge is detonated.
1(4)Without undue delay, the geophysical licensee shall submit to the Minister a report, on a form provided by the Minister, with respect to each flowing shothole or testhole
(a) after the flow of water has been confined to the aquifer or original stratum under subsections (1) and (2), or
(b) after reasonable attempts have been made to confine the flow of water to the aquifer or original stratum under subsections (1) and (2).
1(5)If, after reasonable attempts have been made, the flow of water from a shothole or testhole cannot be confined in accordance with section 2 of this Schedule, the geophysical licensee shall, as soon as possible, submit to the Minister for his or her approval a plan for the control and management of the flow of water.
1(6)If water flows from a shothole or testhole when drilling operations are in progress, the permittee shall ensure that the process referred to in subsection 2(2) of this Schedule is complied with when any subsequent shotholes or testholes in the sequence are drilled.
Procedure to be followed when water comes to surface or flows from shotholes or testholes
2(1)The permittee shall ensure that the water flowing from the shothole or testhole is confined to the aquifer of origin or the stratum as quickly as possible using one or more of the following methods:
(a) use of an inflatable plugging device and bentonite in accordance with the following procedure:
(i) remove bentonite and the plastic hole plug from the hole;
(ii) sound the shothole or testhole to the bottom to establish the depth and check for bridging of the hole by sand and gravel;
(iii) insert the inflatable plugging device to the bottom of the hole;
(iv) inflate the plugging device using an inflation pipe and check for the effect on the rate of the flow of water;
(v) if the water continues to flow, deflate the plugging device, raise it 1 m up the shothole or testhole and re-inflate it;
(vi) repeat the procedure in subparagraphs (iv) and (v) until the water ceases to flow;
(vii) remove the inflation pipe from the shothole or testhole;
(viii) fill the hole with bentonite chips or pellets from the top of the inflatable plugging device to within 1 m of the ground surface;
(ix) install the plastic hole plug and abandon the shothole or testhole in accordance with section 38;
(x) record the Global Positioning System (GPS) location of the shothole or testhole and any information from the metal tag located next to the hole; and
(xi) remove all equipment, surplus materials and waste from the site;
(b) pressure cement the shothole or testhole from the bottom to within 1 m of the ground surface and abandon the hole in accordance with section 38;
(c) use the reverse auger method to place bentonite in the shothole or testhole from the bottom of the hole to within 1 m of the ground surface; or
(d) any other method approved by the Minister to confine water that is flowing from a shothole or testhole or coming to the ground surface.
2(2)The permittee shall ensure that the following process is followed when subsequent shotholes or testholes in a sequence are drilled:
(a) subject to subsection (3), the maximum depth of the next shothole or testhole in the sequence shall be
(i) if the depth at which water was encountered is known, 3 m less than the point at which water was encountered, or
(ii) if the depth at which water was encountered is not known, 3 m less than the drilled depth of the flowing hole;
(b) if water is observed when subsequent shotholes or testholes in the sequence are drilled, the procedures referred to in subsection (1) and subsection 1(4) shall be followed and the drilling depth of each subsequent shothole or testhole in the sequence shall be stepped up by 3 m; and
(c) when, in subsequent shotholes and testholes, water is no longer observed
(i) within 200 m from the shothole or testhole where water was not encountered, the same drilling depth shall be used for the next shotholes or testholes in the sequence, and
(ii) beyond 200 m from the shothole or testhole where water was not encountered, the drilling depth may be stepped down by 3 m for the next shotholes or testholes in the sequence and if no water is observed at those next shotholes or testholes, the drilling depth may be stepped down by 3 m and this procedure shall be repeated until the original proposed drilling depth is reached.
2(3)A shothole shall not be drilled to a depth that is less than 3 m from the ground surface.
2(4)If water is encountered at any time during the drilling of subsequent shotholes or testholes in a sequence, the drilling depth of each subsequent shothole or testhole shall be stepped up by 3 m as specified in subsection (2).
2013-57
SCHEDULE D
Procedures to Be Followed for Temporary and Permanent Abandonment of Shotholes and Testholes
Temporary abandonment of shotholes
1A permittee shall ensure that a shothole is temporarily abandoned in accordance with the following procedure:
(a) securely affix the explosive charge in the shothole to a winged sandpoint container;
(b) place drill cuttings or other material approved by the Minister in the hole to secure the explosive charge at the depth at which it was loaded;
(c) tightly pull the wire attached to the explosive charge to the ground surface;
(d) place a plastic hole plug in the shothole at a depth of not less than 1 m below the ground surface;
(e) place a bentonite sealing product on top of the plastic hole plug for a depth of at least 50 cm above the top of the plug followed by drilling cuttings or any soil or other material removed in the drilling of the shothole for a depth of at least 50 cm above the bentonite to fill the shothole to the surface and then thoroughly tamp the drill cuttings, soil or other material; and
(f) spread all drill cuttings not required to fill the shothole evenly over the ground surrounding the hole.
Temporary abandonment of testholes
2A permittee shall ensure that a testhole is temporarily abandoned in accordance with the following procedure:
(a) place a plastic hole plug in the testhole at a depth of not less than 1 m below the ground surface;
(b) place a bentonite sealing product on top of the plastic hole plug for a depth of at least 50 cm above the top of the plug followed by drilling cuttings or any soil or other material removed in the drilling of the testhole for a depth of at least 50 cm above the bentonite to fill the testhole to the surface and then thoroughly tamp the drill cuttings, soil or other material; and
(c) spread all drill cuttings not required to fill the testhole evenly over the ground surrounding the hole.
Permanent abandonment of shotholes
3A permittee shall ensure that a shothole is permanently abandoned in accordance with the following procedure:
(a) place a plastic hole plug in the shothole at a depth of not less than 1 m below the ground surface;
(b) place a bentonite sealing product on top of the plastic hole plug for a depth of at least 50 cm above the top of the plug followed by drilling cuttings or any soil or other material removed in the drilling of the shothole for a depth of at least 50 cm above the bentonite to fill the shothole to the surface and then thoroughly tamp the drill cuttings, soil or other material;
(c) spread all drill cuttings not required to fill the shothole evenly over the ground surrounding the hole; and
(d) tightly pull the wire attached to the explosive charge and cut it level with the ground surface.
Permanent abandonment of testholes
4A permittee shall ensure that a testhole is permanently abandoned in accordance with the following procedure:
(a) place a plastic hole plug in the testhole at a depth of not less than 1 m below the ground surface;
(b) place a bentonite sealing product on top of the plastic hole plug for a depth of at least 50 cm above the top of the plug followed by drilling cuttings or any soil or other material removed in the drilling of the testhole for a depth of at least 50 cm above the bentonite to fill the testhole to the surface and then thoroughly tamp the drill cuttings, soil or other material; and
(c) spread all drill cuttings not required to fill the testhole evenly over the ground surrounding the hole.
2013-57
FORM 1
FINAL REPORT
Geophysical Licensee
Geophysical Licence No.
Address
Program Commencement Date
Completion Date
Permittee
Geophysical Permit No.Party No.
Address
Recording Commencement Date
Recording Completion DateModel
Amplifier Make
No. of Traces __________________
2448other
Source InternalReceiver Internal
Source Type
No. of kilometres of Subsurface Coverage
Credit (in dollars) Applied For
I, the undersigned, certify that I am qualified to report on this program and have knowledge of and attest to the accuracy of the above report.
 
Signature of geologist,
Date
registered land surveyor or
registered professional
engineer
(Note: Must be accompanied by a map or maps on a scale of not smaller than 1:50,000 showing location of data recorded. A final report must be completed for each program.)
N.B. This Regulation is consolidated to December 20, 2019.