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ARTICLE · 22 OCTOBER 2020

Energy: Oil & Gas 2020

Canada is a federal state comprised of a federal government, ten provincial governments and three territorial governments.

CanadaEnergy and Natural Resources
Burnet, Duckworth & Palmer LLP
Burnet, Duckworth & Palmer LLP
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1. General Structure of Petroleum Ownership and Regulation

 1.1 System of Petroleum Ownership

General

Canada is a federal state comprised of a federal government, ten provincial governments and three territorial governments. Both the federal government and the provincial and territorial governments have the jurisdiction to make laws (generally referred to as Acts) and other subsidiary legislation (generally referred to as Regulations). Under this system, there is both state (Crown) and private (freehold) ownership of petroleum. In addition, the ownership of petroleum in situ may be split by formation and by substance.

Canada operates on a "tax and royalty" system and not on a "production sharing contract" system. Within this tax and royalty system, there is broad freedom to contract, and detailed laws and regulations accompany the development of petroleum.

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