There seems to be some confusion amongst some folks, about the authority of the Provincial Government under Bill 193 as enacted in the 2026 legislative session. Bill 193 is the so-called “Powering the Economy Act,” which is referred to below as the “Act.”
Specifically, the confusion about the Act, seems to be whether property owners can refuse access to companies who want to drill and frack for gas. and at what point property owners could face a penalty for refusing access.
Under the Act the Minister of Energy (currently Houston) may grant a company a right to pursue fossil fuels below the surface of land In this post, I will refer to a company which holds the right as a “fracker.” Frackers are prohibited from using any land to explore for or extract fossil fuels without the written consent of the owner or lawful occupant of the land. So any owner or tenant may still simply refuse to consent.
If consent is denied, the fracker can go to the Minister to seek an order expropriating (taking) land “necessary for development” of the fossil fuels for which the right was granted by the Minister. It’s perhaps more likely, that the fracker will simply go to other owners or tenants to seek consent.
The Government cannot expropriate any land for the fracker without giving the affected persons notice, and a period of time to request a hearing. Affected persons would presumably include an owner, mortgage lender, tenant, and easement holder. If a hearing is requested, the Minister is required to give advance notice of the hearing, and an opportunity to present witnesses and documents to contest the proposed expropriation order. If requested the Minister must provide reasons for the Minister’s order for which the hearing was held.
If the Government grants an expropriation order (after a hearing or because no hearing was held), the Act provides that the order is “final.” The fact that a Minister issues a final order, does not prevent a challenge to the order in the Courts. However, that recourse is not an opportunity to present new evidence and arguments, and Courts are typically unable to grant relief except upon relatively narrow grounds. If land is expropriated, no value is given for the fossil fuel resource.
The Act provides that any person who violates an order which applies to the person, is guilty of an offense and upon summary conviction is liable for either a penalty not exceeding $100,000 or imprisonment for up to two years. Violations which continue for more than one day are deemed to be separate offenses.
Under the Act, neither the Minister or Premier can determine guilt for an offense or impose a penalty. It would be up to the Government prosecutor to pursue the case in a Court. Only if the prosecutor proved guilt, would the Court then consider the appropriate penalty or other appropriate punishment.
Refusing to give consent to a fracker or lawfully opposing the activities of a fracker (including requesting a hearing, participating in the hearing, and challenging the Minister’s order in Court), are not offenses.
The Sections of the Act which are the subject of this post, may be found in Sections 33, 34, 36 and 37, in Schedule B of Bill 193, which is captioned “An Act Respecting the Extraction of Subsurface Energy Resources.” The Act may be viewed in its entirety at: https://nslegislature.ca/sites/default/files/legc/PDFs/annual%20statutes/2026%20Spring/c005.pdf
This post is an expression of the perspective of its author Mark Tipperman, a lawyer. It is not intended to be and may not be relied upon or cited as legal advice or a lawyer’s opinion.
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