Indian Oil and Gas Regulations (SOR/2019-196)

Marginal note:Surrender of surface rights or interests

• 110 (1) A surface contract holder may surrender their rights or interests under the contract, in whole or in part, by applying in the prescribed form for the Minister’s approval.

• Marginal note:Copy to council

  (2) The Minister must send the council a copy of the application.

• Marginal note:Approval

  (3) The Minister must approve the surrender if

  • (a) the holder is not in default under the contract, these Regulations or an order given under the Act;

  • (b) the Minister and the council have inspected the contract area to be surrendered and the Minister has confirmed that the remediation and reclamation of the surface in that area are satisfactory; and

  • (c) in the case of a partial surrender, the boundaries of the remaining contract area continue to meet the requirements of these Regulations and the partial surrender approval application fee set out in Schedule 1 has been paid.

• Marginal note:Adjusted rent

  (4) If the surrender of rights or interests under a surface contract is partial, the rent for subsequent years is reduced in proportion to the reduction of the lands that are subject to the contract. However, the rent must be no less than the rent payable for 1.6 hectares.

• Marginal note:Notice to council

  (5) If the surrender of rights or interests under a surface contract is approved, the Minister must send the council a notice to that effect and, in the case of a partial surrender, a copy of the amended contract.