Marginal note:References to Federal Court
65. Where the Minister and the holder of a share in a production licence agree in writing that a question of law, fact or mixed law and fact arising under this Part should be determined by the Federal Court, that question shall be determined by the Court pursuant to subsection 17(3) or (4) of the Federal Courts Act.
- R.S., 1985, c. 36 (2nd Supp.), s. 65;
- 2002, c. 8, s. 182.
66. The Minister shall, at the times and in the circumstances prescribed, refund any overpayment made on account of royalties, interest or penalties payable under this Act and interest at a prescribed rate per annum shall be paid thereon in accordance with the regulations.
67. Where a person is indebted to Her Majesty under this Part, the Minister may require the retention by way of deduction or set-off of such amount as the Minister may specify out of any amount that is or may become payable to that person by Her Majesty in right of Canada.
Marginal note:Direction to pay forthwith where avoidance of payment
68. (1) Where, in the opinion of the Minister, the holder of a share in a production licence is attempting to avoid payment of royalties under this Part, the Minister may, in writing, direct that all royalties, interest and penalties payable by that holder be paid forthwith on assessment.
Marginal note:Direction to pay forthwith on cancellation of production licence
(2) Where the Minister orders the cancellation of a production licence pursuant to subsection 105(2), all royalties, interest and penalties payable under this Part in respect of that production licence shall be paid forthwith on assessment.
Marginal note:Acts deemed to be at arm’s length
69. Where, in the opinion of the Minister, the result of one or more acts, agreements, arrangements, transactions or operations is to artificially or unduly reduce the amount of any royalties payable under this Part, those royalties shall, for the purposes of any assessment by the Minister under this Part, be calculated as though the act, agreement, arrangement, transaction or operation had not taken place or had taken place at fair market value between parties dealing at arm’s length.
Marginal note:Successors jointly liable without certificate
70. (1) Where an interest holder, in this subsection referred to as the “successor”, acquires a production licence or a share in a production licence from another interest holder, in this subsection referred to as the “predecessor”, the successor is jointly and severally liable with the predecessor for all royalties, interest and penalties that have been assessed under this Part and that are payable by the predecessor at the time of the acquisition unless the successor has obtained prior to the acquisition a certificate from the Minister certifying that
(a) all the royalties, interest and penalties have been paid;
(b) security for the payment of the royalties, interest and penalties has been accepted by the Minister; or
(c) arrangements for the payment of the royalties, interest and penalties acceptable to the Minister have been made.
Marginal note:Certificate of Minister required for assignees
(2) Every assignee, liquidator, administrator, executor and other like person, other than a trustee in bankruptcy, shall, before distributing any property under his control belonging to the holder of a share in a production licence, obtain a certificate from the Minister certifying that all royalties, interest and penalties that have been assessed under this Part and are payable by the interest holder have been paid or that security for the payment thereof has been accepted by the Minister.
Marginal note:Liability where no certificate
(3) Distribution of property without a certificate required by subsection (2) renders the person required to obtain the certificate personally liable for the unpaid royalties, interest and penalties.
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