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CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 2/96

Offshore Area Registration Regulations
under the
Canada-Newfoundland and Labrador Atlantic Accord
Implementation Newfoundland and Labrador Act

(O.C. 96-177)

Amended by:

2001 c42 s45
11/08
6/16 s17

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 2/96

Offshore Area Registration Regulations
under the
Canada-Newfoundland and Labrador Atlantic Accord
Implementation Newfoundland and Labrador Act

(O.C. 96-177)

CNLR 2/96; 2001 c42 s45

Under the authority of section 114 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following regulations.

CNLR 2/96; 2001 c42 s45

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Offshore Area Registration Regulations.

73/88 s1

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Definition

        2. In these regulations "Act" means theCanada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act.

73/88 s2; 2001 c42 s45

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Registrar

        3. The registrar shall supervise the operation of the system of registration established under Division VII of Part II of the Act in accordance with that division and these regulations.

73/88 s3

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Deputy registrar

        4. (1) In the absence of the registrar, the deputy registrar shall have the powers and perform the duties and functions of the registrar.

             (2)  Where a person is not designated by the board to be the registrar, the deputy registrar shall have the powers and perform the duties and functions of the registrar.

73/88 s4

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Registration

        5. (1) On registering an interest, the registrar shall prepare an abstract of the interest and without delay enter the abstract in a book to be maintained as the register.

             (2)  The abstract shall contain the following information:

             (a)  the type, effective date and term of the interest;

             (b)  the name of the interest owner or, if the interest owner consists of two or more interest holders, the name of each holder and the name of the representative appointed or designated under section 52 of the Act;

             (c)  the particulars of the shares in the interest; and

             (d)  a description of those portions of the offshore area, geological formations and substances to which the interest applies.

             (3)  [Rep. by 11/08 s1]

             (4)  Where an interest referred to in section 105 of the Act is registered, the abstract for that interest shall contain a notation of the registration of each instrument that applies to the interest by virtue of that section.

             (5)  The registrar shall record in the abstract of the relevant interest

             (a)  changes to the information recorded in the abstract, other than the corrections referred to in subsection 9(2);

             (b)  every order, decision or action of the board made in relation to that interest that is expressly stated in the Act to be subject to section 120 of the Act;

             (c)  every order made under section 55 of the Act in relation to that interest;

             (d)  every notice given by the board under subsection 78(1) or 119(1) of the Act in relation to that interest; and

             (e)  the extension of the term of that interest under a provision of the Act.

             (6)  Where an interest expires or is cancelled the registrar shall endorse a memorandum to that effect on the original copy of that interest maintained under paragraph 7(2)(a) and shall make a notation of the expiration or cancellation in the abstract of that interest.

             (7)  Where 2 or more interests are consolidated under subsection 67(3) or section 81 of the Act, the registrar shall prepare an abstract of the consolidated interest and immediately enter that abstract in the register.

             (8)  Each abstract entered in the register under subsection (7) shall contain the notations made in the abstracts of the interests that have been consolidated.

73/88 s5; 11/08 s1

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Documents

        6. (1) The registrar shall stamp each document submitted for registration under Division VII of Part II of the Act with the date and time of its receipt at the office of the registrar.

             (2)  The registrar shall keep a record to be called "the daybook" and, immediately upon receipt of a document submitted for registration, shall record in the daybook in chronological order

             (a)  the type and date of the document;

             (b)  the name of the person submitting the document; and

             (c)  the date and time of receipt of the document at the office of the registrar.

             (3)  Where the registrar refuses to register a document, the registrar shall immediately record in the daybook with respect to that document the fact of the refusal.

             (4)  Where the registrar accepts a document for registration as an instrument, the registrar shall immediately

             (a)  register the instrument;

             (b)  make a notation of the registration of the instrument in the abstract of each interest to which the instrument relates; and

             (c)  record in the daybook with respect to that instrument the fact of the registration.

             (5)  Where the registration of an instrument is cancelled under a provision of the Act or these regulations, the registrar shall make a notation of the cancellation in each abstract in which a notation of the registration of the instrument appears.

73/88 s6; 11/08 s2

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Office

        7. (1) The office of the registrar shall be located at St. John's and shall be kept open from 9 a.m. to 4 p.m. Monday to Friday, with the exception of statutory holidays on which days the offices of the board in St. John's are closed.

             (2)  The registrar shall maintain at the office of the registrar

             (a)  the original copy of all interests and instruments registered under Division VII of Part II of the Act;

             (b)  the register; and

             (c)  the daybook.

73/88 s7

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Searches

        8. (1) A person may, at the office of the registrar, inspect the daybook, the register and copies of an interest or instrument registered under Division VII of Part II of the Act.

             (2)  The registrar shall provide to the person making the request a certified exact copy of

             (a)  an interest or instrument registered under Division VII of Part II of the Act; and

             (b)  the abstract of an interest.

             (3)  The registrar may for the purposes of subsection (2) certify that an enlarged print made from a microphotographic film or electronic or magnetic recording of an abstract, interest or instrument is an exact copy of the abstract, interest or instrument.

73/88 s8; 6/16 s17

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Corrections

        9. (1) The registrar shall cancel the registration of any interest registered in error and shall forthwith notify the interest owner, the representative appointed or designated under section 52 of the Act, if any, and any other person that is directly affected by the cancellation.

             (2)  Where the particulars of an interest, instrument or other matter required by these regulations to be recorded or noted in an abstract have not been recorded or noted or have been recorded or noted incorrectly, the registrar shall immediately correct the omission or error when the omission or error becomes known to the registrar.

             (3)  The registrar shall send a certified exact copy of each abstract corrected under subsection (2) to

             (a)  the interest owner of the interest to which the corrected abstract relates or, where a representative has been appointed or designated under section 52 of the Act, to the representative; and

             (b)  the secured party under each security notice registered in respect of the interest to which the corrected abstract relates that has not been fully discharged as of the time of the correction.

73/88 s9; 11/08 s3

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Demand for information

      10. Those persons that have written authorization from a person referred to in paragraph 109(1)(a), (b) or (c) of the Act to serve a demand for information are members of a prescribed class for the purposes of subsection 109(1) of the Act.

73/88 s10

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Notice

      11. Unless otherwise specified in the Act, a notice that is required to be given to a person by the board or the registrar under Part II of the Act shall be given by personal service or by registered mail sent to the latest address for that person that is filed with the registrar.

11/08 s4

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Surrender of interest

      12. (1) An interest may be surrendered with respect to all or any portion of the offshore area that is subject to the interest by sending a notice of surrender to the registrar describing the offshore area in question.

             (2)  A notice of surrender of an interest in respect of all the offshore area subject to the interest shall be executed by the interest owner or, if the interest owner consists of more than one interest holder, by each holder.

             (3)  A notice of surrender of an interest in respect of a portion of the offshore area that is subject to the interest shall be executed by the interest owner or by the holder of each share in the interest held in respect of that portion.

11/08 s5

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Registrar's endorsement

   12.1 If an interest is surrendered, the registrar shall endorse a memorandum to that effect on the original copy of that interest maintained under paragraph 7(2)(a) and shall make a notation of the surrender in the abstract of that interest.

11/08 s6

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Appointment of a representative

      13. (1) Interest holders shall appoint a representative referred to in subsection 52(1) of the Act by sending a notice of appointment executed by each interest holder to the registrar.

             (2)  Where there is a change in the name or address of a representative referred to in subsection (1), the representative shall notify the registrar immediately of the change.

             (3)  If the interest holders terminate the appointment of a representative referred to in subsection 52(1) of the Act, the interest holders shall, without delay, provide the registrar with a notice of termination and the termination shall be effective when the notice is received by the registrar.

73/88 s13; 11/08 s7

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Rep. by 6/16 s17

      14. [Rep. by 6/16 s17]

6/16 s17

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Repeal

      15. The Newfoundland Offshore Area Registration Regulations, Newfoundland Regulation 73/88, are repealed.