Operations Under Exploration Licence (continued)
Marginal note:Remediation and reclamation
34 When exploration work under an exploration licence is no longer being carried out, whether or not the licence has ended, the licence holder must ensure that all the lands on which the work was carried out are remediated and reclaimed.
Subsurface Rights or Interests
Grants of Subsurface Rights or Interests
Marginal note:Subsurface contracts
(2) A subsurface contract must be granted in accordance with the public tender process set out in sections 39 to 42 or the negotiation process set out in sections 44 to 46, as chosen by the council. The negotiation process may be preceded by a call for proposals in accordance with section 43.
Marginal note:No splitting of rights
(3) When granting a subsurface contract, the Minister must grant all the rights to the oil and gas in each zone included in the contract area.
36 A subsurface contract holder’s rights or interests are subject to the right of an exploration licence holder to carry out exploration work in, and the right of any other subsurface contract holder to work through, the subsurface contract area.
Marginal note:Multiple holders
37 (1) A subsurface contract may be granted to no more than five persons, each having an undivided right or interest in the contract of at least 1%. The right or interest must be expressed in decimal form to no more than seven decimal places.
(2) If two or more persons have an undivided right or interest in a subsurface contract, they are jointly and severally, or solidarily, liable for all obligations under the contract, the Act and these Regulations.
Marginal note:Fair value
38 In determining the fair value of the rights or interests to be granted under a subsurface contract, the Minister must, in consultation with the council, consider the bonuses paid for grants of oil and gas rights or interests in other lands, which may be adjusted to take into account the following factors:
(a) the size of the other lands and their proximity to the First Nation lands;
(b) the time when the rights or interests in the other lands were granted;
(c) current oil and gas prices and the prices when the rights or interests were granted;
(d) the results of recent drilling operations in the vicinity of the other lands;
(e) similarities and differences in the geological features of the other lands and the First Nation lands; and
(f) any other factors that could affect the fair value of the rights or interests.
Public Tender Process
Marginal note:Public tender
39 The Minister may grant the oil and gas rights or interests in First Nation lands by way of public tender only if the council requests or consents to that process.
Marginal note:Minister’s duties
Marginal note:Notice of tender
(2) The notice of tender must include the following information:
(a) the type of subsurface contract to be granted;
(b) the terms and conditions of the contract, other than those set out in these Regulations, or the address of a website where the terms and conditions are set out, including
(i) a description of the lands to be included in the contract area and the oil and gas rights or interests to be granted,
(ii) the surface rates and seismic rates,
(iii) the initial and intermediate terms of the permit or the term of the lease, as the case may be,
(iv) in the case of a permit, the earning provisions for the initial term, including the drilling commitment and deadline for completion, the target zone or depth to which each earning well must be drilled and a description of the lands to be earned by each, and
(v) the royalty to be paid, if it differs from the royalty provided for in these Regulations;
(c) the instructions for submitting a bid, including any information to be provided by bidders, the place where a bid may be submitted and the deadline for submission; and
(d) a statement indicating that the bidder acknowledges that they have reviewed and understood the terms and conditions of the contract to be granted and will be bound by those terms and conditions if theirs is the winning bid.
Marginal note:Publication of notice of tender
(3) The Minister must submit a copy of the proposed notice of tender to the council before publishing it and, if it is approved, must publish it
Marginal note:Submission of bids
Marginal note:Certified funds
(2) The fee, rent and bonus must be paid in certified funds unless the notice of tender specifies a different form of payment.
Marginal note:Opening of bids
42 (1) After the tender closes, the Minister must without delay open the bids, exclude any bids that do not meet the requirements of section 41, identify the bid with the highest bonus and send the council notice of that bid.
Marginal note:Presence at opening
(2) The council or a person designated by the council may be present when the Minister opens the bids.
Marginal note:Tied bid
(3) If the highest bonus is included in more than one bid, the Minister must republish the notice of tender.
Marginal note:Council’s decision
(4) The council may, within 15 days after the day on which the tender closes, notify the Minister by written resolution that it rejects the bid with the highest bonus. If such a notice is received, all bids must be rejected.
Marginal note:Irrevocable decision
(5) If a council notifies the Minister that it approves the bid with the highest bonus, that bid cannot later be rejected under subsection (4).
Marginal note:Acceptance of highest bid
(6) If a notice rejecting the bid is not received, the Minister must accept it and send the winning bidder a notice of acceptance. The contract takes effect on the day on which the tender closes.
Marginal note:Publication of tender results
(7) The Minister must publish the name of the winner and the winning bonus amount or, if no bid was accepted, a notice to that effect, in the publication or on the website where the notice of tender was published.
(8) Except for the name of the winning bidder and bonus amount, the information in bids must be kept confidential.
Marginal note:Contract granted
(9) The Minister must prepare the subsurface contract and send a copy to the council and the winning bidder.
Marginal note:Unsuccessful bids
(10) The Minister must return the fee, rent and bonus included in each unsuccessful bid to the person that submitted it.
Call for Proposals Process
Marginal note:Call for proposals
43 For the purpose of soliciting interest in rights or interests in First Nation lands, either the council, or the Minister jointly with the council, may make a call for proposals. The call may be made by public notice or by other means and must include the following information:
(a) the type of subsurface contract to be granted;
(b) a description of the lands to be included in the contract area and the oil and gas rights or interests to be granted;
(c) the terms and conditions of the contract, other than those set out in these Regulations;
(d) the elements that will be considered in evaluating the proposals;
(e) a statement that the proposals that are received will form the basis for negotiations with the council and the Minister; and
(f) a statement that, in addition to the terms and conditions negotiated, the contract will include the terms and conditions set out in these Regulations.
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