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Navigating Oil and Gas Surveys and the IOGC Application Process

A Guide to the IOGC Application Process

By Michelle Merrick for the CALEP Negotiator

 

For land professionals accustomed to provincial regulators, the process of securing surface rights on First Nation lands is much more complex and timeconsuming. Unlike provincial regulators, Indian Oil and Gas Canada (IOGC) operates under a framework that requires additional approvals and coordination with First Nations. Successfully completing this process demands a clear understanding of regulatory steps, survey plan requirements, and the roles of both IOGC and Natural Resources Canada’s (NRCan) Survey General Branch (SGB). This is a practical guide to the IOGC application process and outlines what land professionals need to know to ensure compliance and avoid costly delays.

 

Background: The Role of IOGC, Canada Lands, and Canada Lands Surveyors (CLS)

About IOGC
IOGC is the federal agency responsible for managing and regulating oil and gas resources on First Nations lands across Canada. They assist First Nations with the granting of their surface rights by issuing surface rights contracts using a two-step approval process. Completing this process gives companies the legal access to explore and develop oil and gas on First Nations reserve land.

 

Main Functions of IOGC

  • Negotiating, issuing, and administering agreements between the Crown, First Nations, and industry for oil and gas projects on reserve land.
  • Conducting environmental reviews, inspections, and audits, in addition to handling reclamation applications and coordinating remediation.
  • Assessing the potential for oil and gas resources, new technologies, and alternative energy projects.
  • Conducting engineering and geology technical subsurface evaluations.
  • Collecting royalty, rental, and other revenues on behalf of First Nations.
  • Administration of agreements, ensuring they meet legislative, regulatory, and contract requirements.

About Canada Lands

Canada Lands are defined in the Canada Lands Surveys Act as: “any lands belonging to His Majesty in right of Canada or of which the Government of Canada has the power to dispose. “This includes surrendered lands or reserves as defined in the Indian Act. Other lands, such as all lands in the territories and National Parks of Canada, also fall under this category.

Surveys of Canada Lands for oil and gas must be made in accordance with the instructions of the Surveyor General and comply with the Canada Lands Surveys Act. In addition to the Canada Lands Surveys Act, oil and gas survey plans must also adhere to the requirements of provincial regulators and usually include information necessary for industry to fulfill the requirements of notification, consultation, and licensing. It’s this dual compliance that makes oil and gas survey plans different from other survey plans conducted on Canadian lands.

 

About Canada Lands Surveyors (CLS)

Since oil and gas surveys on First Nation lands must follow Canada Lands Surveys Act regulations for surface and provincial regulations for sub-surface, a surveyor with both the CLS and provincial commissions should be signing the plans required by IOGC. Most Canadian Land Surveyors hold a provincial land surveying commission in their jurisdiction. Many earned their provincial commission first, later achieving their CLS through writing the jurisdictional exam set by the Association of Canada Lands Surveyors.

 

Preparing Plans for the IOGC Application Process

IOGC requires two plan versions to be submitted for their process: an Application Survey Plan and a Canada Lands Survey Records (CLSR) Survey Plan. The Application Survey Plan shows the legal survey plus all the details needed to satisfy the needs of industry and regulators. It includes topographical information, any water or wetlands, and radius/licensing information, well center/bottom hole offset information, and any other relevant features. The plan closely resembles a survey plan required for application on Provincial Crown Land that oil and gas operators are already familiar with. The CLSR Survey Plan is the same as above, but with the industry and regulator details removed for subsurface licensing. In essence, this plan will contain only the information required by the SGB for surface rights, including wellbore locations and incidental activities, for recording in the Canada Lands Survey Records.

Under the 2019 IOGC process change, the Application Survey Plan and the CLSR Survey Plan must both be submitted at the start of the IOGC application process, although the CLSR Survey Plan is not recorded through the SGB until the end of the application process. The reasons why both plans are required to be submitted with the application are:

  • To amend existing surface contracts when recorded plan doesn’t match the rights granted. IOGC can confirm that the Application Plan and the CLSR Survey Plan match and both reflect the surface rights granted. If the surface contract must be amended, it requires the same process as a new application.
  • To reduce the risk of overlapping land tenure arrangements. If the CLSR Survey Plan doesn’t match the Application Plan, that means the contract shows one area/location of the surface tenure, and the CLSR shows another. Since the plan in the CLSR is the plan on record that other surveyors will use for surveys, this could lead to accidentally overlapping interests. If an overlap is found with a new application, the overlap will need to be resolved before granting the new interest, and the final contract will be delayed.
  • There are no more unrecorded CLSR plans going forward. In the past, there were times when the final plan for submission to the SGB was not submitte,d and the surface rights were granted without the final CLSR number for the contract. As a result, some oil and gas developments were left without a final recorded CLSR plan after construction and drilling. The SGB and IOGC have a list of legacy plans that were never submitted. Operators are encouraged to have the outstanding plans cleaned up and recorded. If any amendments are required in the future to a contract that does not have the final CLSR plan, IOGC could request that the legacy plan be dealt with first, which could further delay a project.
  • Because it’s difficult for non-industry to interpret recorded oil and gas plans due to the volume of additional information displayed. Most plans recorded in the CLSR are legal plans that can be read quite easily by those not in the industry and by the Indian Lands Registry System upon filing the interest in the registry.

IOGC will no longer grant surface contracts until the CLSR survey plan has been recorded in Canada Lands Survey Records. Surface rights are not registered in the Indian Lands Registry System until the plan is recorded in the CLSR.

 

The IOGC Application Process

It’s important to keep in mind that applications on First Nation lands can take several months to complete. This is especially important for anyone who does most of their oil and gas on provincial lands, where the process has a shorter timeline. The additional time for an IOGC application is due to the two extra levels of approvals for surface rights that are not seen in provincial systems:

  1. IOGC is the regulator for surface rights outside of the provincial regulator for subsurface licensing,
    and
  2. NRCan SGB approval of oil and gas plans under Section 13(1) of the IOGC Regulations.

Using Alberta as a comparison, the Alberta Energy Regulator is part of the provincial ministry and can make decisions regarding Alberta Crown Lands on behalf of all Albertans. In contrast, Canada Lands require the First Nation’s permission for access and development of all oil and gas rights. This is done by granting a legal contract between the First Nation and the operator through the federal government. Both IOGC and the First Nation must approve the granting of a contract. If the First Nation supports the contract, its Band Council must provide written approval in the form of a Band Council Resolution. Only then can IOGC grant the contract.

The following outlines the IOGC application process:

STEP 1

  • The applicant submits their application to IOGC, including both the Application and CLSR Survey Plans.
  • If either plan does not meet the IOGC plan requirements, the plans are returned to the applicant for changes.
  • IOGC’s Lease Administration and Environment units review the submission.
  • An environmental assessment is prepared.
  • Draft agreements are prepared.
  • IOGC checks the above for technical compliance, and if it meets the requirements, they grant a Step 1 approval.

It’s important to note that if any changes were made to the survey plan used in this step, the applicant will need to include a revised Application Survey Plan with their Step 2 submission.

STEP 2

  • The application package approved in Step 1, with any required revisions, is submitted to the First Nation for their review and approval.
  • If the First Nation is in support of the application, its Band Council issues a Band Council Resolution (BCR).
  • Once the BCR is issued, the package is submitted to IOGC for final execution.
  • The IOGC Lease Administration unit conducts a final review of the application.

After Step 2 approval, the application is made to the provincial regulator. This is where the application is held as a placeholder until licence approval is granted by the province.

 

Post-IOGC Application Process: Plan Processing and Registration

With the IGOC application process complete, the plan needs to be processed and registered with the SGB before construction can begin. Several steps occur during processing and registration.

  • The applicant and the surveyor receive an email from IGOC to submit the final CLSR Survey Plan to the SGB for review and final recording in the CLSR. IOGC requires the surveyor to submit the plan to the SGB within 30 days of receiving this email.
  • The SGB is copied on the email and receives a copy of the CLSR Survey Plan that was submitted with the application. The SGB will ensure the final, signed plan submitted by the CLS matches the image in the email.
  • The final plan approved by IOGC is “approved and signed” on behalf of the Surveyor General.
  • A branch of Canada, given a CLSR plan number, is recorded and made available in the Canada Lands Survey System Map Browser.
  • With the recorded survey plan, the final contract is executed, and documents are filed with the Indian Land Registry System for surface rights.

It’s important to know that the IOGC requires the applicant to obtain their CLSR Plan Number within 90 calendar days; otherwise, the surface contract application will be closed. IOGC includes a note about this in their email requesting that the final CLSR Survey Plan be submitted to the SGB.

 

Looking Ahead

IOGC is working on the First Nation assertion of jurisdiction with more First Nation involvement and control over their own resources. Through collaborative planning for 2025-2026, IOGC is in discussions with the IOGC Co-Management Board and the Indian Resource Council on how to approach this work. This would reduce the regulatory process that delays oil and gas development on First Nation Lands. IOGC is anticipating a consultation draft of the Regulations in Fall 2025. The draft will be used for consultation and engagement with First Nation leaders, industry, and stakeholders. Consultation during this engagement period includes the Environment, Surface Contracts, and Pipeline Regulatory Amendment.

For updates and more information on the regulatory change, visit the IOGC website.

Read Michelle’s full article in the September 2025 issue of the CALEP Negotiator.