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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 2/96

CONSOLIDATED NEWFOUNDLAND REGULATION 2/96

Offshore Area Registration Regulations
under the
Canada‑Newfoundland Atlantic Accord
Implementation
Newfoundland Act
(O.C. 96‑177)

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

REGULATIONS

Analysis


        1.   Short title

        2.   Definition

        3.   Registrar

        4.   Deputy registrar

        5.   Registration

        6.   Instruments

        7.   Office

        8.   Searches

        9.   Corrections

      10.   Demand for information

      11.   Notice

      12.   Surrender of interest

      13.   Appointment of a representative

      14.   Fees

      15.   Repeal


Short title

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

73/88 s1

Definition

        2. In these regulations "Act" means the Canada‑Newfoundland Atlantic Accord Implementation Newfoundland Act.

73/88 s2

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

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

Registration

        5. (1) Where the registrar receives an original copy of an interest from the board, the registrar shall

             (a)  register the interest by endorsing a memorandum of registration on the interest specifying the registration number of the interest and the time and date of registration; and

             (b)  prepare an abstract of the interest and immediately enter the abstract in a book to be maintained as the register.

             (2)  The abstract referred to in paragraph (1)(b) shall contain the following information:

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

             (b)  the name of the interest owner or, where the interest owner consists of 2 or more interest holders, the name of each holder;

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

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

             (3)  Where a production licence is subject to terms and conditions referred to in section 90 of the Act or is subject to the requirements set out in section 91 of the Act, the abstract for that production licence shall, in addition to the information required by subsection (2), contain a notation that the interest is subject to those terms and conditions or those requirements.

             (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 arising by virtue of an amendment to that interest or the operation of section 73 or 82 of the Act;

             (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 or the continuation of that interest beyond its term 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

Instruments

        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

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

Searches

        8. (1) On request and payment of the appropriate fee prescribed by section 14, 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)  Upon request and payment of the appropriate fee prescribed by section 14, 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

Corrections

        9. (1) The registrar may cancel the registration of an instrument registered in error.

             (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

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

Notice

     11. Where under the Act a notice is required to be given to a person, it shall be given to that person by personal service or by sending it to that person by registered mail, telex or telecopy at the latest known address of that person on file with the registrar.

73/88 s11

Surrender of interest

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

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

             (3)  A surrender of an interest in respect of a portion of the offshore area 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.

73/88 s12

Appointment of a representative

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

             (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)  Where an interest holder terminates the appointment of a representative referred to in subsection 53(1) of the Act, the interest holder shall immediately notify the registrar of the termination and the termination shall not be affected until the registrar receives the notification.

73/88 s13

Fees

     14. (1) The fee for a service shall be determined by the minister and is payable at the time of the services rendered.

             (2)  Where a fee is payable under these regulations, it is payable to the Receiver General of Canada.

73/88 s14

Repeal

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