Indian Oil and Gas Regulations, 1995 (SOR/94-753)

Regulations are current to 2017-10-13

Contract Assignment or Amendment

  •  (1) An assignment of contract rights shall be submitted for approval to the Executive Director in a form required by the Executive Director.

  • (2) The Executive Director may refuse to approve an assignment of contract rights

    • (a) that is conditional;

    • (b) that would result in more than five persons having an interest in a contract;

    • (c) that purports to assign less than an undivided five per cent interest in the contract;

    • (d) where any party to the assignment

      • (i) has been notified that a royalty payment is outstanding, or

      • (ii) is otherwise in default under a contract and has not commenced and diligently continued to remedy the default;

    • (e) where the assignment is not properly executed by the assignor and the assignee or the assignment is not accompanied by proof of execution;

    • (f) where the assignment is not accompanied by the fee set out in Schedule II; or

    • (g) where the assignee fails to provide, on the request of the Executive Director, evidence of its financial ability to fulfill its obligations under the contract.

  • (3) The Executive Director shall forward to the band council a copy of any assignment received pursuant to subsection (1).

 The Executive Director may, with the approval of the band council, on application by a contract holder, amend or re-issue a contract, or consolidate two or more contracts, to the extent necessary to carry out the purposes of these Regulations.

General

 For the purposes of these Regulations, where two or more persons are named as a contract holder in respect of an undivided interest in a contract, their duties and obligations are joint and several.

 A contract holder is responsible for the payment of all rates, assessments and taxes levied, as a result of operations in the contract area, against the contract area or against the contract holder, occupier or operator, or any agent thereof.

 Every person who requests a service set out in column I of an item of Schedule II shall pay the fee set out in column II of that item.

 To the extent that it is practicable and reasonably efficient, safe and economical to do so, every person who conducts exploratory work, drilling or production operations under these Regulations shall employ persons who are resident on the Indian lands on which the work is being conducted.

 Any decision, direction, notice or other document that is required or authorized to be sent pursuant to these Regulations shall be

  • (a) personally served on the addressee or sent by registered mail or registered courier to the addressee at the addressee’s last known address;

  • (b) sent by registered mail, in which case it shall be deemed to have been received four days after the day on which it was sent; or

  • (c) sent by such other method as may be expressly agreed to by the parties.

  •  (1) Where an action that is required to be taken by a person within a time fixed by or under these Regulations has not been taken within that time, the Executive Director may, with the approval of the band council, extend the time within which the action may be taken if the Executive Director is satisfied that the delay was unavoidable and that it would not prejudice any other person to allow such an extension.

  • (2) Any action taken by a person within an extended time specified by the Executive Director under subsection (1) is, subject to any intervening rights acquired under these Regulations by another person, valid as though it were taken within the time originally fixed by or under these Regulations.

Review by Minister

  •  (1) A person who is dissatisfied with a decision, direction, action or omission of the Executive Director under these Regulations may, within 60 days after the decision, direction or action or, in the case of an omission, within 60 days after the day on which the omission was discovered or ought to have been discovered, apply in writing to the Minister for a review of the decision, direction, action or omission.

  • (2) The Minister shall review an application made pursuant to subsection (1) and advise the applicant in writing of the final decision in the matter.

Forms

 The Executive Director may prescribe such forms as are necessary for the purposes of these Regulations.

Transition

 Notwithstanding section 25, a lessee is not required to provide a report referred to in subsection 25(1) or make a presentation referred to in subsection 25(2) in respect of the initial term of a lease, or a continuance thereof, that ends before January 1, 1996.

 
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