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St. John's, Newfoundland and Labrador, Canada

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Newfoundland and Labrador
Regulation 2008


NEWFOUNDLAND AND LABRADOR REGULATION 11/08

NEWFOUNDLAND AND LABRADOR
REGULATION 11/08

Offshore Area Registration Regulations
(Amendment)
under the
Canada-Newfoundland and
Labrador Atlantic Accord
Implementation
Newfoundland and Labrador Act
(O.C. 2008-041)

(Filed February 26, 2008)

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

Dated at St. John’s, February 25, 2008.

Gary Norris
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.5 Amdt.
Registration

        2.   S.6 Amdt.
Documents

        3.   S.9 Amdt.
Corrections

        4.   S.11 R&S
Notice

        5.   S.12 R&S
Surrender of interest

        6.   S.12.1 Added
Registrar's endorsement

        7.   S.13 Amdt.
Appointment of a representative


CNLR 2/96
as amended

        1. (1) Subsections 5(1) and (2) of the Offshore Area Registration Regulations are repealed and the following substituted:

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.

             (2)  Subsection 5(3) of the regulations is repealed.

             (3)  Paragraph 5(5)(a) of the regulations is repealed and the following substituted:

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

             (4)  Paragraph 5(5)(e) of the regulations is repealed and the following substituted:

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

 

        2. Subsection 6(1) of the regulations is repealed and the following substituted:

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.

 

        3. Subsection 9(1) of the regulations is repealed and the following substituted:

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.

 

        4. Section 11 of the regulations is repealed and the following substituted:

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.

 

        5. Section 12 of the regulations is repealed and the following substituted:

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.

 

        6. The regulations are amended by adding immediately after section 12 the following:

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.

 

        7. (1) Subsection 13(1) of the regulations is repealed and the following substituted:

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)  Subsection 13(3) of the regulations is repealed and the following substituted:

             (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.