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ARTICLE · 20 MAY 2014

Seismic Data Held by A Board: A Further Look

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The regulations that require oil and gas companies to submit seismic data to Nova Scotia’s offshore oil and gas board are not ultra vires.

CanadaEnergy and Natural Resources
David McKinnon
David McKinnon
Russell Kruger
Russell Kruger
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The Federal and Nova Scotia regulations that require oil and gas companies to submit seismic data to Nova Scotia's offshore oil and gas board are not ultra vires, the Nova Scotia Supreme Court recently held in Geophysical Service Inc. v. Canada – Nova Scotia Offshore Petroleum Board, 2014 NSSC 172 [GSI v. Canada – NS OPB] .

In an earlier post ( Seismic Data Held by a Board: A Warning Before You Look), we described how Geophysical Service Incorporated (GSI), a geophysical services company headquartered in Calgary that creates and markets offshore seismic data, has commenced about two dozen lawsuits against oil and gas companies, off-shore regulatory boards, and at least one province. In these claims, GSI asserts that it retains full rights of ownership in seismic data shot by GSI for its own use and licensed to third parties, notwithstanding that the data has been disclosed to Canadian regulatory authorities pursuant to a regulatory framework requiring the same.

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