Oil and Gas Appeal Tribunal

The Oil and Gas Appeal Tribunal (OGAT) is an independent tribunal created under the Oil and Gas Activities Act. The OGAT hears appeals of certain decisions issued by the Oil and Gas Commission under the Oil and Gas Activities Act.

The decisions that may be appealed to the OGAT include certain orders, declarations, findings of contravention, administrative penalties and permitting decisions in relation to an “oil and gas activity” (defined in section 1.1 of the Oil and Gas Activities Act), such as geophysical exploration, the construction or operation of a pipeline, road construction, and the production, gathering, processing, storage or disposal of petroleum, natural gas or both. 

Only an “eligible person,” or an owner of land on which an oil and gas activity is permitted under the Oil and Gas Activities Act, may initiate an appeal to the OGAT.

An eligible person is defined in section 69 of the Oil and Gas Activities Act as:

• an applicant for a permit;
• a permit holder or former permit holder;
• a person named in an order for non-compliance; or
• a person who is subject to a finding of contravention by the Oil and Gas Commission.

In general, eligible persons can appeal decisions related to permits to conduct oil and gas activities, refusals to conduct those activities, or changes to those permits.

Landowners can appeal decisions regarding permits to carry out oil and gas activities on the landowner’s land.