GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Petroleum Resources Act — C-8.5 81
Payment into sub-accounts 81 (1) Every interest owner of an interest in relation to frontier lands situated in a prescribed region shall deposit for payment into the sub-account for that region, at the times and in the manner determined by the Board, an amount equal to the product of the number of hectares of frontier lands that are subject to the interest and situated in the region and the rate fixed under subsection 80(1) in respect of that region. Initial payment (2) Subject to subsection (3), where an interest is issued at any time in relation to frontier lands that were Crown reserve lands immediately before that time, the interest owner shall deposit for payment into the applicable sub-accounts, at the times and in the manner determined by the Board, an amount equal to the aggregate of the amounts that would have been payable by the interest owner in respect of a Fund under this Part or in respect of a fund under the Canada Oil and Gas Act , as it read immediately before the coming into force of this section, during the year in which the interest is issued and the two years immediately preceding that year had such frontier lands been subject to an interest held by the interest owner during such period. Reduction of initial payment (3) The amount payable by an interest owner under subsection (2) shall be reduced by the amount, if any, deposited for payment pursuant to subsection (1) or (2) in respect of the same frontier lands by a prior interest owner during the period referred to in subsection (2). Exemption (4) Each Minister may, on the recommendation of the Board, exempt from the payment under this section of any amount into a sub-account under the administrative responsibility of that Minister an interest owner in respect of frontier lands subject to the interest of that interest owner in areas where, by virtue of an order under subsection 12(1), any work or activity has been prohibited. No liability where surrender of lands (5) An interest owner shall not be liable to pay any amount under this section in respect of any frontier lands in relation to which the interest owner has surrendered the interest of the interest owner prior to the time for payment of the amount determined pursuant to subsection (1). Representative of interest owner collects (6) Where an interest owner consists of two or more holders, amounts payable under this Part shall be collected and remitted on behalf of the interest owner by the representative of the interest owner for that purpose.
Canada Petroleum Resources Act — C-8.5 82
Order in Council authorizing agreement for trust 82 (1) The Governor in Council may authorize the Minister to enter into an agreement under subsection (2). Administration agreement (2) The Minister may, where authorized by the Governor in Council pursuant to subsection (1), enter into an agreement with any person appointing that person to act as administrator of the Fund. Terms of agreement (3) An agreement entered into pursuant to subsection (1) shall provide for (a) the powers, duties and functions of the administrator with respect to the Fund; (b) the payment of the expenses and fees of the administrator; and (c) any other relevant matter or thing.
Canada Petroleum Resources Act — C-8.5 83
Regulations 83 The Governor in Council may make regulations for carrying out the purposes and provisions of this Part and, without restricting the generality of the foregoing, may make regulations (a) prescribing the qualifications of members of the Board and prohibiting the appointment of persons as members of the Board who do not meet those qualifications; (b) prescribing, or prescribing the manner of selecting, persons or classes of persons from among whom members of the Board are to be appointed; (c) prescribing regions for the purposes of this Part; and (d) prescribing any other matter or thing that by this Part is to be prescribed.
Canada Petroleum Resources Act — C-8.5
assignment of security interest means a notice of the assignment of a security interest or any part thereof in respect of which a security notice has been registered under this Part; ( cession de sûreté )
Canada Petroleum Resources Act — C-8.5
court means, with respect to any frontier lands or any portion thereof, such superior court as may be prescribed and includes a judge thereof; ( tribunal )
Canada Petroleum Resources Act — C-8.5 (a)
Deputy Registrar means (a) in relation to any area in respect of which the Minister of Natural Resources has administrative responsibility for the natural resources therein, such person as that Minister may designate, and (b) in relation to any area in respect of which the Minister of Northern Affairs has administrative responsibility for the natural resources therein, such person as that Minister may designate; ( directeur adjoint )
Canada Petroleum Resources Act — C-8.5
discharge means a notice of the discharge of a security notice or postponement and includes a partial discharge; ( mainlevée )
Canada Petroleum Resources Act — C-8.5
instrument means a discharge, postponement, security notice, transfer or an assignment of a security interest; ( acte )
Canada Petroleum Resources Act — C-8.5 (a)
operator’s lien means any charge on or right in relation to an interest or a share in an interest (a) that arises under a contract (i) to which the interest owner or holder of the interest or share is a party, (ii) that provides for the operator appointed thereunder to carry out any work or activity related to the exploration for or the development or production of petroleum in the frontier lands to which the interest or share applies, and (iii) that requires the interest owner or holder to make payments to the operator to cover all or part of the advances made by the operator in respect of the costs and expenses of such work or activity, and (b) that secures the payments referred to in subparagraph (a)(iii); ( privilège de l’exploitant )
Canada Petroleum Resources Act — C-8.5
postponement means a document evidencing the postponement of a security notice or operator’s lien; ( cession de priorité )
Canada Petroleum Resources Act — C-8.5 (a)
Registrar means (a) in relation to any area in respect of which the Minister of Natural Resources has administrative responsibility for the natural resources therein, such person as that Minister may designate, and (b) in relation to any area in respect of which the Minister of Northern Affairs has administrative responsibility for the natural resources therein, such person as that Minister may designate; ( directeur )
Canada Petroleum Resources Act — C-8.5
secured party means the person claiming a security interest under a security notice; ( partie garantie )
Canada Petroleum Resources Act — C-8.5 (a)
security interest means any charge on or right in relation to an interest or a share in an interest that secures (a) the payment of an indebtedness arising from an existing or future loan or advance of money, (b) a bond, debenture or other security of a corporation, or (c) the performance of the obligations of a guarantor under a guarantee given in respect of all or any part of an indebtedness referred to in paragraph (a) or all or any part of a bond, debenture or other security of a corporation, and includes a security given under section 426 of the Bank Act , but does not include an operator’s lien; ( sûreté )
Canada Petroleum Resources Act — C-8.5
security notice means a notice of a security interest; ( Version anglaise seulement )
Canada Petroleum Resources Act — C-8.5
transfer means a transfer of an interest or a share in an interest. ( transfert )
Canada Petroleum Resources Act — C-8.5 85
Notice of disposition of any interest 85 Where an interest holder of an interest or any share therein enters into an agreement or arrangement that is or may result in a transfer, assignment or other disposition of the interest or any share therein, the interest holder shall give notice of the agreement or arrangement to the Minister, together with a copy of the agreement or arrangement or, if the Minister approves, a summary of its terms and conditions or, on the request of the Minister, a copy of the agreement or arrangement.
Canada Petroleum Resources Act — C-8.5 86 and 86.1
86 and 86.1 [Repealed, 1993, c. 47, s. 4]
Canada Petroleum Resources Act — C-8.5 87
Establishment of register 87 (1) A public register of all interests and instruments registered under this Part shall be established and maintained in accordance with this Part and the regulations. Duties of Registrar and Deputy Registrar (2) The Registrar and Deputy Registrar shall exercise such powers and perform such duties and functions in respect of the register and the system of registration established under this Part as may be prescribed.
Canada Petroleum Resources Act — C-8.5 88
Prohibition against registration of documents except instruments 88 (1) No document other than an interest or instrument may be registered under this Part. Requirements of registration (2) No instrument may be registered under this Part unless it has been submitted for registration in the form prescribed for that instrument, in such manner and containing such information as may be prescribed, and meets any other requirement for the registration thereof prescribed by this Act and the regulations.
Canada Petroleum Resources Act — C-8.5 90
Requirements of registering security notice 90 (1) No security notice may be registered under this Part unless the security notice specifies (a) the nature of the security interest claimed; (b) the person from whom the security interest was acquired; (c) the documents giving rise to the security interest; and (d) such other particulars in respect thereof as may be prescribed. Notice of official address (2) No instrument may be registered under this Part unless a notice of official address for service in respect of that instrument is filed with the Registrar in prescribed form. Revision of notice of official address (3) The official address for service in respect of an instrument may be changed by filing with the Registrar another notice of official address for service, in prescribed form.
Canada Petroleum Resources Act — C-8.5 91
Security notice carries forward to new interest 91 Where a significant discovery licence or production licence is issued at any time in respect of frontier lands that were not Crown reserve lands immediately before that time, the registration under this Part of a security notice in respect of the interest in force immediately preceding the issuance of that licence and relating to such frontier lands applies in respect of the licence as though the security notice referred to that licence and as though that licence had been issued prior to the registration of the security notice.
Canada Petroleum Resources Act — C-8.5 92
Registration 92 (1) Every document submitted for registration under this Part shall be examined by the Registrar and where the Registrar determines that the document is an instrument that meets all the requirements for the registration thereof prescribed by this Act and the regulations, the Registrar shall register the instrument in accordance with this Act and the regulations. Refusal to register (2) Where the Registrar refuses to register any document under this Part, the Registrar shall return the document to the person submitting the document for registration and provide that person with the reasons for the refusal. Memorandum of registration (3) An instrument is registered under this Part by the endorsement of a memorandum of registration on the instrument specifying the registration number of the instrument and the time and date of registration. Chronological order of receipt for registration (4) Instruments accepted for registration under this Part shall be registered in the chronological order in which such instruments are received by the Registrar.
Canada Petroleum Resources Act — C-8.5 93
Deemed notice 93 The registration of an instrument under this Part shall be deemed to constitute actual notice of the instrument to all persons as of the time of registration of the instrument and, in the case of a security notice, shall be deemed to constitute actual notice to all persons who may serve a demand for information under section 95 in respect of the security notice of the contents of the documents specified in the security notice.
Canada Petroleum Resources Act — C-8.5 94
Priority of rights 94 (1) Subject to subsections (2) and (5), any particular right, in relation to an interest or a share therein, in respect of which an instrument has been registered under this Part at any time has priority over and is valid against any other right, in relation to that interest or share, (a) in respect of which an instrument may be registered under this Part, (i) where the instrument was not so registered, or (ii) where the instrument was so registered after that time, whether that other right was acquired before or after that particular right; or (b) in respect of which an instrument may not be registered under this Part, acquired after that time. Transitional (2) Where any right in respect of which an instrument may be registered under this Part was acquired before the coming into force of this Part and an instrument in respect of that right is registered under this Part not later than one hundred and eighty days after the coming into force of this Part, the priority and validity of that right shall be determined as though the instrument was registered under this Part at the time the right was acquired and as though this Part was in force at that time. Idem (3) Notwithstanding subsection (2), no right in respect of which that subsection applies shall have priority over and be valid against any other right in respect of which that subsection applies but in respect of which an instrument is not registered within the period referred to in that subsection, where the person claiming the right in respect of which an instrument is registered within that period acquired that right with actual knowledge of the other right. Idem (4) No instrument in respect of any right to which subsection (2) applies shall be registered unless it is accompanied by the statutory declaration, in prescribed form, of the person claiming that right, attesting to the time at which that right was acquired. Operator’s lien (5) An operator’s lien, in relation to an interest or share therein, shall, without registration of any document evidencing the operator’s lien, have priority over and be valid against any other right, in relation to that interest or share, in respect of which an instrument may be registered under this Part, whether an instrument in respect of that other right was registered before or after the acquisition of the operator’s lien or the operator’s lien was acquired before or after that other right, unless the operator’s lien is postponed with respect to such other rights by the registration under this Part of a postponement in respect of the operator’s lien and a discharge in respect of that postponement has not been registered under this Part.
Canada Petroleum Resources Act — C-8.5 95
Demand for information 95 (1) A person may, in accordance with this section, serve a demand for information in respect of a security notice that has been registered under this Part in relation to an interest or a share therein where that person (a) is the holder of that interest or share; (b) is specified in the security notice as the person from whom the security interest was acquired; (c) is the secured party under another security notice registered under this Part in relation to that interest or share; (d) is a member of a class of persons prescribed by the regulations for the purposes of this subsection; or (e) obtains leave to do so from a court having jurisdiction in respect of the frontier lands subject to that interest or share. Contents of demand notice (2) A demand for information, in respect of a security notice, may be served pursuant to subsection (1) by serving on the secured party under the security notice a demand notice, in prescribed form, requiring the secured party (a) to inform the person serving the demand notice, within fifteen days after service of the notice, of the place where the documents specified in the security notice or copies thereof are located and available for examination, and of the normal business hours during which the examination may be made; and (b) to make those documents or copies thereof available for examination at that place during normal business hours, by the person serving the notice or by a person authorized by him, within a reasonable period after the demand notice is served. Service (3) A demand for information is served for the purposes of this section if it is sent by registered mail or delivered to the official address for service in respect of the security notice according to the records of the Registrar. Compliance with demand (4) A demand for information served pursuant to subsection (1) may be complied with by mailing or delivering to the person serving the demand notice a true copy of the documents referred to in the demand notice. Court order where failure to comply (5) Where a secured party fails without reasonable excuse to comply with a demand for information in respect of a security notice in relation to an interest or share therein served on the secured party in accordance with this section, a court having jurisdiction in respect of the frontier lands to which the interest or share applies may, on application by the person who served the demand notice, make an order requiring the secured party to comply with the demand for information within the time and in the manner specified in the order. Where failure to comply with court order (6) Where a secured party fails to comply with an order of a court made under subsection (5), the court may, on the application of the person who applied for the order, (a) make any other order the court considers necessary to ensure compliance with the order made under subsection (5); or (b) make an order directing the Registrar to cancel the registration of the security notice. Definition of “document” (7) In this section, document includes any amendment to the document.
Canada Petroleum Resources Act — C-8.5 96
Notice to take proceedings 96 (1) A person who may serve a demand for information in respect of a security notice in relation to an interest or a share therein pursuant to subsection 95(1) may (a) serve on the secured party under the security notice a notice to take proceedings, in prescribed form, directing that secured party to apply to a court having jurisdiction in respect of the frontier lands to which the interest or share applies, within sixty days after the day on which the notice to take proceedings is served, for an order substantiating the security interest claimed in the security notice; or (b) commence proceedings in the court, requiring the secured party to show cause why the registration of the security notice should not be cancelled. Order to shorten notice to take proceedings (2) The court may, by order, on the ex parte application of a person who proposes to serve a notice to take proceedings under subsection (1), shorten the sixty day period referred to in paragraph (1)(a) and, if the order is made, (a) paragraph (1)(a) shall, in relation to that notice to take proceedings, be deemed to refer to the shorter period; and (b) a certified copy of the order shall be served with that notice to take proceedings. Order to extend notice to take proceedings (3) The court may, on the application of a secured party served with a notice to take proceedings, extend the period for applying to the court referred to in paragraph (1)(a), whether or not that period has been shortened under subsection (2). Service (4) A notice to take proceedings is served for the purposes of this section if it is sent by registered mail or delivered to the secured party at the official address for service in respect of the security notice according to the records of the Registrar. Cancellation of registration of security notice (5) The registration of a security notice shall be cancelled on submission to the Registrar of a statutory declaration showing that (a) a notice to take proceedings was served in accordance with this section; and (b) no application was commenced in accordance with the notice to take proceedings or within the period extended pursuant to subsection (3) or an application so made was dismissed by the court or discontinued. No further registration after cancellation (6) Where the registration of a security notice in respect of a security interest is cancelled pursuant to subsection (5) or (7), the secured party under the security notice may not submit for registration under this Part another security notice in respect of that security interest without leave of the court to do so. Cancellation of registration on order of court (7) The registration of a security notice shall be cancelled where there is submitted to the Registrar a certified copy of an order or judgment of a court directing the Registrar to do so, whether as a result of proceedings taken under this Part or otherwise.
Canada Petroleum Resources Act — C-8.5 97
Transfer effective on registration 97 A transfer of an interest or a share therein is not effective against the Crown prior to the registration of the transfer.
Canada Petroleum Resources Act — C-8.5 98
No restriction on rights of Minister or Her Majesty 98 For greater certainty, the registration of an instrument (a) does not restrict or in any manner affect any right or power of the Minister under this Act, the regulations or the terms of any interest; and (b) does not derogate from any proprietary right or any right to dispose of or exploit natural resources that Her Majesty in right of Canada has in respect of frontier lands.
Canada Petroleum Resources Act — C-8.5 99
No action for acts done in performance of official functions 99 No action or other proceedings for damages shall be commenced against the Registrar or Deputy Registrar or anyone acting under the authority of the Registrar or Deputy Registrar for an act done or omission in good faith in the exercise of a power or the performance of a duty under this Part.
Canada Petroleum Resources Act — C-8.5 100
Regulations 100 The Governor in Council may make regulations for carrying out the purposes and provisions of this Part and, without restricting the generality of the foregoing, may make regulations (a) prescribing the powers, duties and functions of the Registrar and Deputy Registrar for the purposes of this Part and the time when, and manner and circumstances in which, they are to be exercised, and providing for the designation by the Minister of any person or class of persons to exercise such powers and perform such duties and functions as may be specified in the regulations; (b) governing the books, abstracts and indexes to be maintained as the register for the purposes of this Part and the particulars of interests, instruments and frontier lands and the orders and declarations made in relation to interests to be recorded therein; (c) governing the filing of copies of interests, registered instruments and other documents in the register established under this Part; (d) governing public access to and searches of the register; (e) prescribing, for the purposes of this Part, courts having jurisdiction in respect of frontier lands or any portion thereof; (f) governing the exclusive or concurrent jurisdiction of any court prescribed pursuant to paragraph (e); (g) prescribing fees for the registration of instruments, making copies and certified copies of documents, searches and any other services specified in the regulations for the purposes of this Part, and requiring such fees to be paid for such services; and (h) prescribing any other matter or thing that is by this Part to be prescribed.