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123 In determining the Canadian participation rate of an applicant for a special renewal permit for the purposes of sections 121 and 122, the following Rules shall apply:

• Rule 1 (1) If the applicant is

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  • (2) Where the applicant would be the beneficial owner of the permit, if granted, this Rule shall apply to that applicant, but where the applicant would not be the beneficial owner of the permit, if granted, this Rule shall be applied to the person or enterprise that would be the beneficial owner of the permit as if that person or enterprise were the applicant and where in this manner a Canadian participation rate is determined for a beneficial owner, that Canadian participation rate shall be deemed to be the Canadian participation rate of the applicant for the purposes of section 121.

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• Rule 3 For the purposes of Rule 2, any beneficial owner of voting shares in the applicant corporation, or of an interest in the applicant enterprise, that falls within any of the following classes shall be regarded as having a Canadian participation rate of 100 per cent:

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• Rule 4 For the purposes of Rule 2, any non-eligible person within the meaning of the Foreign Investment Review Act, or any enterprise other than one referred to in paragraph (c) of Rule 3, that is a beneficial owner of voting shares in the applicant corporation, or any beneficial owner of an interest in the applicant enterprise where that applicant enterprise includes any persons who are non-eligible persons within the meaning of the Foreign Investment Review Act, shall have its Canadian participation rate determined by treating it as if it were the applicant corporation or applicant enterprise under Rule 2 and applying Rule 3 in respect of any of its shareholders or interest owners falling within any of the classes set out in Rule 3, and this Rule in respect of any of its shareholders or interest owners not falling within any of those classes.

• Rule 5 (1) Where, under these Rules, the question arises whether or not a person is a non-eligible person within the meaning of the Foreign Investment Review Act, the Minister or a person designated by the Minister shall apply to the determination of that question the provisions of subsection 4(1) and the other relevant provisions of the Foreign Investment Review Act, subject to such modifications as the circumstances may require, as if the person were an applicant for a statement in writing under that subsection, and as if the Minister or the person designated by the Minister were the Minister referred to in that Act.

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• Rule 6 (1) In these Rules,

  • (2) For the purposes of these Rules,

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    • (b) the onus is on the applicant to demonstrate his Canadian participation rate to the satisfaction of the Minister or a person designated by the Minister but where he has not so demonstrated his Canadian participation rate within such reasonable time, but not less than 30 days, as the Minister may allow, the Minister may allocate to the applicant such Canadian participation rate as he deems reasonable in the circumstances, but, in the case of an application made before April 1, 1978, the applicant shall have a period of four months from the day of such allocation to discharge the onus imposed on him by this paragraph and, at the expiration of that period, the allocation is final if the onus has not been discharged, or shall be adjusted to conform to the Canadian participation rate so demonstrated if the onus has been discharged, and such final allocation or adjusted allocation shall constitute the determination of the Canadian participation rate of the applicant for the purposes of section 121;

    • (c) the Canadian participation rate shall be determined as of the day on which any application under section 116 or 117 is made for a special renewal permit and shall be based on information that, in the opinion of the Minister or a person designated by the Minister, is current and accurate information, and such determination is, if all material facts have been disclosed to the Minister or the person designated by the Minister, binding for two years from the day as of which the determination was made, if throughout that period the material facts so disclosed remain substantially unchanged;

    • (d) where it is made to appear to the Minister that any matter required to be determined under these Rules cannot reasonably be determined thereunder in any case or class of cases, he may make the determination, or authorize it to be made, in accordance with such criteria as he considers reasonable in the circumstances; and

    • (e) where, in applying Rule 4, it is found that the applicant corporation or enterprise is one of the beneficial shareholders or interest owners of the corporation or enterprise that is, for the purposes of that Rule, being treated as if it were the applicant corporation or enterprise, the applicant corporation or enterprise shall be deemed not to own the shares or interest in question, and such shares or interest shall be regarded as not forming part of the issued shares of the corporation in question or of the interest in the enterprise in question, as the case may be.

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• 2 (1) In these Regulations,

  Canada lands

  Canada lands means

  • (a) territorial lands as defined in the Territorial Lands Act, and

  • (b) public lands as defined in the Public Lands Grants Act for the sale, lease or other disposition of which there is no provision in the law,

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  development well

  development well means a well

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  • (b) the location of which is, in the opinion of the Chief, so related to the location of producible wells that there is every probability that it will produce from the same pool as the producible wells; (puits d’extension)

  holder

  holder means, in relation to any interest granted or issued under these Regulations, the person or persons registered as holder or holders of the interest; (titulaire)

  monument

  monument means a post, stake, peg, mound, pit, trench or other device used to mark a boundary or the location of a well as set out in a plan of survey approved pursuant to section 11; (borne)

  permit

  permit means an exploratory permit issued pursuant to section 30 or 32 or renewed pursuant to section 40, as those sections read before August 3, 1977; (permis)

  Surveyor General

  Surveyor General means the person designated as Surveyor General under the Canada Lands Surveys Act; (arpenteur général)

• (2) For the purpose of these Regulations, a well is deemed

  • (a) to be abandoned on the day that all cement plugs, as required by the Canada Oil and Gas Drilling and Production Regulations, are set to the satisfaction of the Oil Conservation Engineer;

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• 36 (1) Except as provided in subsection (4), where the whole or greater part of a permit area is located south of latitude 65°, the permit is valid for three years from the date of issue.

• (2) Except as provided in subsection (4), where the whole or greater part of a permit area is located between latitude 65° and latitude 68°, the permit is valid for four years from the date of issue.

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• (7) In the case of a permit that was issued prior to July 1, 1967, in respect of a permit area, the whole or greater part of which is located north of latitude 70°,

  • (a) the period of the original term of the permit is extended by 12 months, as set out in Schedule V;

  • (b) each period of the permit that follows the extended period shall be computed as if it commences 12 months after the date on which it would otherwise commence;

  • (c) all references in these Regulations to the period that is extended shall be deemed to be references to that period as so extended; and

  • (d) each anniversary, referred to in section 53, of a permit a period of which is extended shall be computed as if that anniversary occurs 12 months after the date on which it actually occurs.

• 116 (1) Any person who, on August 3, 1977, is a permittee described in paragraph 114(b) and has not been granted an oil and gas lease may, at his option, instead of maintaining his application for a lease under section 54, within 90 days after the day that would have been the next anniversary date of his permit if it had not expired, either

  • (a) withdraw his application for an oil and gas lease and surrender in writing his right to receive the oil and gas lease, whereupon he shall be entitled to be repaid any sums he paid as rental; or

  • (b) withdraw his application for an oil and gas lease and apply instead for a special renewal permit, whereupon he shall be entitled to be repaid any sums he paid as rental except that sum tendered with the lease application in respect of the first year thereof, and the Minister may grant to that person a special renewal permit for such term and subject to such conditions, including the payment of deposits, as the Minister may determine.

• (2) Notwithstanding anything in this section, where a person who applies for a special renewal permit pursuant to paragraph (1)(b) and the Minister have not agreed on the terms and conditions for the special renewal permit within 30 days after the expiry of the period within which Petro-Canada Limited is required to give the notice specified in subsection 121(6) or within 30 days after Petro-Canada Limited gives any such notice, whichever occurs first, that person shall for 30 days thereafter have the right to reinstate his application for an oil and gas lease under section 54 as if it had not been withdrawn and he were still a permittee, whereupon he shall be entitled to be repaid any sums he paid as rental except that sum tendered with the lease application in respect of the first year thereof, and that sum shall be deemed to satisfy all rental obligations under that lease up to the first anniversary date thereof following August 3, 1977.

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• 125 (1) Where a significant discovery has been declared on land in respect of which an exploration agreement has been entered into or a special renewal permit has been granted, the Minister may, at any time thereafter, order the drilling thereon of a well in relation to that significant discovery, subject to such specifications as may be included in the order, to commence within one year after the making of the order or such longer period specified in the order as the Minister considers appropriate in the circumstances.

• (2) Where an order has been made under subsection (1), the Minister shall not make any further order for the drilling of a well in relation to the same significant discovery as long as work is actively progressing in compliance with the order that has been made.