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Vol. 140, No. 39 — September 30, 2006 Regulations Amending the Newfoundland Offshore Area Registration RegulationsStatutory authority Canada-Newfoundland Atlantic Accord Implementation Act Sponsoring department Department of Natural Resources REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Description In 1988, the Newfoundland Offshore Area Registration Regulations (the Regulations), were promulgated pursuant to the Canada-Newfoundland Atlantic Accord Implementation Act (the Act). The Act requires that a public registry system be established and maintained. The objective of the registry system is to provide a mechanism for the registration of what the Act defines as "interests" in offshore lands and any "instruments" which affect the registered interests. The system is used to register oil and gas rights when they are issued and any changes to this information, such as a transfer in ownership from one company to another. The Canada-Newfoundland and Labrador Offshore Petroleum Board is the regulatory agency with responsibility for oil and gas activities offshore Newfoundland and Labrador. Accordingly, the Board is responsible for the maintenance and operation of the registry as part of its regulatory responsibilities. The Act also provides for the establishment of user fees for the use of the registry to offset costs of providing the service. Interest owners pay for the use of the registry as do members of the public who may also access information contained in the registry system. The proposed amendments have no effect on user fees. The proposed amendments to these Regulations are being made in response to questions raised by the Standing Joint Committee for the Scrutiny of Regulations (SJC), with regard to second language correspondence and drafting issues. Examples of these amendments are as follows:
Alternatives Since these amendments are being made in response to questions raised by the SJC and are related to legal drafting and second language correspondence issues, there is no alternative to amending these Regulations. Benefits and costs The Regulations have been in place since 1988. The industry is familiar with the registry and has used it extensively since then. These amendments will have no impact on operational costs or on the efficiency of the registry system. Consultation The Department of Natural Resources has developed the proposed amendments in consultation with the following parties:
Compliance and enforcement The Canada-Newfoundland and Labrador Offshore Petroleum Board is responsible for operating the registry and ensuring industry compliance with the Regulations. Registration of interests is a long-standing industry practice, with a strong track record of industry compliance. The proposed amendments will have no impact on compliance and enforcement. Mr. Michael Hnetka, Advisor, Regulations, Petroleum Resources Branch, Natural Resources Canada, 17B2–580 Booth Street, Ottawa, Ontario K1A 0E4, 613-992-2916 (telephone), 613-943-2274 (fax), mhnetka@nrcan.gc.ca (email). Notice is hereby given, pursuant to subsection 125(2) of the Canada-Newfoundland Atlantic Accord Implementation Act (see footnote a), that the Governor in Council, pursuant to section 49 (see footnote b), subsections 53(1), 55(1) and 105(2), section 118 and subsection 125(1) of that Act, proposes to make the annexed Regulations Amending the Newfoundland Offshore Area Registration Regulations. Interested persons may make representations with respect to the proposed Regulations to the Canada-Newfoundland Offshore Petroleum Board within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Susan Gover, Legal Counsel, Canada-Newfoundland and Labrador Offshore Petroleum Board, 5th Floor, TD Place, 140 Water Street, St. John's, Newfoundland and Labrador A1C 6H6 (e-mail: sgover@cnlopb.nl.ca). Ottawa, September 21, 2006
MARY O'NEILL REGULATIONS AMENDING THE NEWFOUNDLAND OFFSHORE AREA REGISTRATION REGULATIONS AMENDMENTS 1. Section 2 of the Newfoundland Offshore Area Registration Regulations (see footnote 1) is replaced by the following: 2. In these Regulations, "Act" means the Canada-Newfoundland Atlantic Accord Implementation Act. 2. Subsection 4(2) of the French version of the Regulations is replaced by the following: (2) Lorsqu'il n'y a pas de directeur désigné par l'Office, le directeur adjoint exerce les attributions du directeur. 3. (1) Subsection 5(1) of the Regulations is replaced by the following: 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 portion of subsection 5(2) of the Regulations before paragraph (a) is replaced by the following: (2) The abstract shall contain the following information: (3) Paragraph 5(2)(b) of the Regulations is replaced by the following: (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 their representative; (4) Paragraph 5(2)(d) of the Regulations is replaced by the following: (d) a description of those portions of the offshore area, geological formations and substances to which the interest applies. (5) Subsection 5(3) of the Regulations is repealed. (6) Paragraph 5(5)(a) of the Regulations is replaced by the following: (a) changes to the information recorded in the abstract, other than the corrections referred to in subsection 9(2); (7) Paragraph 5(5)(e) of the Regulations is replaced by the following: (e) the extension of the term of that interest under any provision of the Act. 4. The heading before section 6 of the Regulations is replaced by the following: Documents 5. Subsection 6(5) of the French version of the Regulations is replaced by the following: (5) Lorsque l'enregistrement d'un acte est radié aux termes de la Loi ou du présent règlement, le directeur le signale dans chaque résumé où est mentionné l'enregistrement de cet acte. 6. Subsection 9(1) of the Regulations is replaced by the following: 9. (1) The Registrar shall cancel the registration of any interest registered in error and shall notify as soon as feasible after the cancellation the interest owner and their representative, or any other affected party, of the cancellation. 7. Section 11 of the Regulations is replaced by the following: 11. Unless otherwise specified in the Act, if a notice under Part II of the Act is required to be given, it shall be given by personal service or by sending it by registered mail at the latest known address on file with the Registrar or by telex or telecopy. 8. Section 12 of the Regulations is replaced by the following: 12. (1) An interest may be surrendered with respect to all or any portion of the offshore area 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 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. 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. 9. (1) Subsection 13(1) of the Regulations is replaced by the following: 13. (1) Interest holders shall appoint a representative referred to in subsection 53(1) of the Act by sending to the Registrar a notice of appointment executed by each interest holder. (2) Subsection 13(3) of the Regulations is replaced by the following: (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 notify the Registrar of the termination and the termination shall be effective when the Registrar receives the notification. COMING INTO FORCE 10. These Regulations come into force on the day on which they are registered. [39-1-o] S.C. 1987, c. 3 S.C. 1992, c. 1, ss. 144(1) (Sch. VII, s. 6) SOR/88-263 |
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