Contents
Whereas, pursuant to subsection 150(1) of the Canada-Newfoundland Atlantic Accord Implementation Act, a copy of proposed Regulations respecting the administration and registration of interests and instruments in relation to the Newfoundland offshore area and prescribing fees to be paid in respect of such interests and instruments, substantially in the form annexed hereto, was published in the Canada Gazette Part I on January 23, 1988 and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of Energy, Mines and Resources with respect thereto;noteAnd Whereas, pursuant to section 7 of the Canada-Newfoundland Atlantic Accord Implementation Act, the Minister of Energy, Mines and Resources has consulted with the Minister of Energy for the Province of Newfoundland with respect to the proposed Regulations and the Minister of Energy for the Province of Newfoundland has given his approval to the making of the said Regulations.Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Energy, Mines and Resources, pursuant to subsections 53(1) and 113(1) and sections 118 and 125 of the Canada-Newfoundland Atlantic Accord Implementation Act, is pleased hereby to make the annexed Regulations respecting the administration and registration of interests and instruments in relation to the Newfoundland offshore area and prescribing fees to be paid in respect of such interests and instruments, effective May 20, 1988.
Short Title
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These Regulations may be cited as the Canada–Newfoundland and Labrador Offshore Area Registration Regulations.note
Interpretation
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In these Regulations, Act means the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act.note
Registrar
Deputy Registrar
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(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, at any time, no person is designated by the Board to be the Registrar, the Deputy Registrar shall have the powers and perform the duties and functions of the Registrar.
Interests
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(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 53 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)[Repealed, SOR/2007-227, s. 3] (repealed)
(4)Where an interest referred to in section 109 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 124 of the Act;
(c)every order made pursuant to section 56 of the Act in relation to that interest;
(d)every notice given by the Board pursuant to subsection 79(1) or 123(1) of the Act in relation to that interest; and
(e)the extension of the term of that interest under any 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 pursuant to paragraph 7(2)(a) and shall make a notation of the expiration or cancellation in the abstract of that interest.
(7)Where two or more interests are consolidated pursuant to subsection 68(3) or section 82 of the Act, the Registrar shall prepare an abstract of the consolidated interest and forthwith enter that abstract in the register.
(8)Each abstract entered in the register pursuant to subsection (7) shall contain the notations made in the abstracts of the interests that have been consolidated.
Documents
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(1)The Registrar shall stamp each document submitted for registration under Division VIII 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, forthwith on receipt of a document submitted for registration, shall record therein 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 forthwith 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 forthwith
(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 pursuant to any 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.
Office
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(1)The office of the Registrar shall be located at St. John’s and shall be kept open from 9:00 a.m. to 4:00 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 copies of every interest and instrument registered under Division VIII of Part II of the Act;
(b)the register; and
(c)the daybook.
Searches
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(1)Any person may, at the office of the Registrar, inspect the daybook, the register and any copies of any interest or instrument registered under Division VIII of Part II of the Act.
(2)The Registrar shall furnish to the person making the request a certified exact copy of
(a)any interest or instrument registered under Division VIII of Part II of the Act; and
(b)the abstract of any interest.
(3)The Registrar may, for the purposes of subsection (2), certify that an enlarged print made from a microphotographic film or an electronic or magnetic recording of an abstract, interest or instrument is an exact copy of the abstract, interest or instrument.
Corrections
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(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 53 of the Act, if any, and any other person that is directly affected by the cancellation.
(2)Where the particulars of any 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 forthwith 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 pursuant to 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 pursuant to section 53 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.
Demand for Information
Notice
Surrender of Interests
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(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.
Appointment of a Representative
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(1)Interest holders shall appoint a representative referred to in subsection 53(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 forthwith of the change.
(3)If the interest holders terminate the appointment of a representative referred to in subsection 53(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.
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.