Newfoundland and Labrador Gazette, Part I — 4 March 2016, Vol. 91, No. 9 — Mineral Act Notice

NLG 2016-03-04

Newfoundland and Labrador — Gazette

73 THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY Vol. 91 ST. JOHN’S, FRIDAY, MARCH 4, 2016 No. 9 MINERAL ACT NOTICE Published in accordance with

section 62 of CNLR 1143/96 under the Mineral Act, cM-12 RSNL1990, as amended. Mineral rights to the following mineral licenses have reverted to the Crown: Mineral License 023631M, 023632M, 023633M Held by Lushman, Gilbert Situate near Grey River, Southern NL On map sheet 11P/11 Mineral License 017069M Held by North Atlantic Iron Corporation Situate near Goose Bay On map sheet 13F/08 Mineral License 011370M Held by Nu Nova Energy Ltd.

Situate near Kaipokok River On map sheet 13K/10 Mineral License 021759M Held by Hicks, Darrin Situate near Lawn, Burin Peninsula On map sheet 01L/14 Mineral License 020469M Held by Sokoman Iron Corp. Situate near Pilleys Island, Central NL On map sheet 02E/12 Mineral License 015780M Held by Iron Ore Company of Canada Situate near Lac Virot On map sheet 23B/14 A portion of license 019626M Held by Midland Exploration Inc. Situate near Strange Lake Area, West of Nain On map sheet 24A/08, 14D/05 more particularly described in an application on file at Department of Natural Resources.

Mineral License 016596M Held by Alterra Resources Inc. Situate near Letitia Lake On map sheet 13L/01 Mineral License 016601M Held by Alterra Resources Inc. Situate near Isabella Falls On map sheet 13L/02 Mineral License 016602M Held by Alterra Resources Inc. Situate near Isabella Falls On map sheet 13L/02 Mineral License 016625M Held by Martin, John Situate near Crooks Lake On map sheet 13B/11 Mineral License 023593M Held by Rambler Metals and Mining Canada Limited Situate near Rambler, Baie Verte Peninsula

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 4, 2016 74 On map sheet 12H/16 Mineral License 016628M Held by Alterra Resources Inc. Situate near Isabella Falls On map sheet 13E/15, 13L/02 Mineral License 016676M Held by Alterra Resources Inc. Situate near Bessie Lake On map sheet 13L/01 Mineral License 018339M Held by Northern Star Minerals Ltd. Situate near Petitsikapau Lake On map sheet 23J/09 Mineral License 018340M Held by Northern Star Minerals Ltd. Situate near Birch Lake On map sheet 23I/04 Mineral License 018341M Held by Northern Star Minerals Ltd.

Situate near Astray Lake On map sheet 23J/07, 23J/08, 23J/10, 23J/09 Mineral License 022861M Held by Northern Star Minerals Ltd. Situate near Astray Lake On map sheet 23J/09, 23J/08 Mineral License 018345M Held by Northern Star Minerals Ltd. Situate near Greig Lake On map sheet 23J/01 Mineral License 018348M Held by Northern Star Minerals Ltd. Situate near Petitsikapau Lake On map sheet 23J/08, 23J/09 Mineral License 022862M Held by Northern Star Minerals Ltd. Situate near Fawley Lake On map sheet 23J/09, 23J/08 Mineral License 018351M Held by Northern Star Minerals Ltd.

Situate near Point Lake On map sheet 23J/08 Mineral License 018354M Held by Northern Star Minerals Ltd. Situate near Point Lake On map sheet 23J/08, 23I/05 Mineral License 018355M Held by Northern Star Minerals Ltd. Situate near Sims Lake On map sheet 23G/16, 23H/13, 23J/01, 23I/04 Mineral License 018357M Held by Northern Star Minerals Ltd. Situate near Shoal Lake On map sheet 23J/08 Mineral License 018361M Held by Northern Star Minerals Ltd. Situate near Petitsikapau Lake On map sheet 23J/09 Mineral License 018376M Held by Northern Star Minerals Ltd.

Situate near Sims Lake On map sheet 23H/13, 23H/14 Mineral License 021856M Held by Kendell, Colin Albert Situate near North of L ittle River, Southern NL On map sheet 01M/14, 02D/03 Mineral License 019503M Held by Pike, Lloyd Situate near Queens Cove, Eastern NL On map sheet 02C/04 Mineral License 019505M Held by Northern Star Minerals Ltd. Situate near Point Lake On map sheet 23I/05 Mineral License 022804M Held by White Fox Silver Resources Inc. Situate near Foxtrap Turnoff, Avalon Peninsula On map sheet 01N/07 Mineral License 022404M Held by Ubique Minerals Ltd.

Situate near Clench Brook, Central NL On map sheet 12A/15 Mineral License 022680M Held by Benton Resources Inc. Situate near Isle aux Morts, Southern NL On map sheet 11O/11 Mineral License 020551M Held by Maritime Resources Corp. Situate near Ovals Brook Area, Central NL On map sheet 12H/09 Mineral License 020552M Held by Maritime Resources Corp. Situate near Ovals Brook Area, Central NL On map sheet 12H/08, 12H/09 Mineral License 020614M Held by Strong, Paul Situate near Gander Lake Area, Central NL On map sheet 02D/16

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 4, 2016 75 A portion of license 020840M Held by Brushett, Jeffery Situate near Marystown, Burin Peninsula On map sheet 01M/03 more particularly described in an application on file at Department of Natural Resources. Mineral License 021559M Held by Benton Resources Inc. Situate near Isle aux Morts, Southern NL On map sheet 11O/10, 11O/15 Mineral License 021560M Held by Benton Resources Inc. Situate near Isle aux Morts River, Southern NL On map sheet 11O/10 Mineral License 021561M Held by Benton Resources Inc.

Situate near Grand Ba y River, Southern NL On map sheet 11O/11 Mineral License 021562M Held by Benton Resources Inc. Situate near Isle aux Morts River, Southern NL On map sheet 11O/11, 11O/10 Mineral License 021585M Held by Gosse, Derek Situate near Cape Ray Area, Southern NL On map sheet 11O/11 Mineral License 021591M Held by Crocker, Calvin M.

Situate near Northwest Ga nder River, Central NL On map sheet 02D/11 Mineral License 021611M Held by Stares, Mike Situate near St Marys River On map sheet 13A/08 Mineral License 021614M Held by Four Corners Mining Corporation Situate near Southwest Brook, West - Central NL On map sheet 12B/08 Mineral License 021615M Held by Four Corners Mining Corporation Situate near Southwest Brook, West - Central NL On map sheet 12B/08 Mineral License 021624M Held by Walsh, Denis F.

Situate near Tommys Arm River, Central NL On map sheet 12H/08 Mineral License 022365M Held by Kennedy, Jacob Situate near Hawke Hill, Avalon Peninsula On map sheet 01N/06 Mineral License 022463M Held by Power, Raymond J. Situate near Lance River, Avalon Peninsula On map sheet 01L/16 Mineral License 022464M Held by Roche, Vincent D. Situate near Lance River, Avalon Peninsula On map sheet 01L/16 Mineral License 022465M Held by Budgell, Aubrey Situate near Roberts Arm Area, Central NL On map sheet 02E/05 Mineral License 022467M Held by Unity Resources Inc.

Situate near Bishops Falls Area, Central NL On map sheet 02E/03 Mineral License 022472M Held by McLennon, Michael Situate near Roberts Arm, Central NL On map sheet 02E/05, 02E/12 Mineral License 022476M Held by Unity Resources Inc.

Situate near St Lewis Inlet On map sheet 13A/08 Mineral License 022478M Held by Burton, Jason Situate near Flatwater P ond, Baie Verte Peninsula On map sheet 12H/16 Mineral License 022479M Held by McLennon, Michael Situate near Roberts Arm, Central NL On map sheet 02E/05 Mineral License 022483M Held by Kennedy, Jacob Situate near Gander Lake Area, Central NL On map sheet 02D/15 Mineral License 022486M Held by McLennon, Michael Situate near Long Isla nd Tickle, Central NL On map sheet 02E/12 Mineral License 022493M Held by Canstar Resources Inc.

Situate near Red Indian Lake Area, Central NL On map sheet 12A/15 Mineral License 022494M Held by Hicks, Darrin Situate near Red Indian Lake Area, Central NL On map sheet 12A/15

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 4, 2016 76 Mineral License 022496M Held by Kennedy, Jacob Situate near Five Mile Pond West, Avalon Peninsula On map sheet 01N/06 Mineral License 022497M Held by Benoit, Thomas Situate near Cape Caribou River Area On map sheet 13F/07 Mineral License 022512M Held by Kennedy, Jacob Situate near Hawke Hill, Avalon Peninsula On map sheet 01N/06 Mineral License 022516M Held by Kennedy, Jacob Situate near Long Gully, Avalon Peninsula On map sheet 01N/06 Mineral License 022517M Held by Stares, Alexander T.

Situate near Caribou Brook, Western NL On map sheet 12B/09 Mineral License 022518M Held by Stares, Alexander T. Situate near Caribou Brook, Western NL On map sheet 12B/09 Mineral License 022526M Held by Guinchard, Wayde Situate near Millertown, Central NL On map sheet 12A/15 Mineral License 022529M Held by Senior, Carter Situate near Rushoon, Burin Peninsula On map sheet 01M/06 Mineral License 022530M Held by Senior, Carter Situate near Rushoon, Burin Peninsula On map sheet 01M/06 Mineral License 022532M Held by Martin, Cameron Situate near St.

Juliens Area, Great Northern Peninsula On map sheet 02M/04 Mineral License 022533M Held by Burt, Kenneth Situate near Barachois Brook, Western NL On map sheet 12B/08 Mineral License 022534M Held by H&H Enterprises Limited Situate near Wabush Mountain On map sheet 23B/15 Mineral License 022537M Held by Guinchard, Wayde Situate near Southwest Ga nder River, Central NL On map sheet 02D/10 A portion of license 022814M Held by Brushett, Jeffery Situate near Marystown, Burin Peninsula On map sheet 01M/03 more particularly described in an application on file at Department of Natural Resources.

The lands covered by this notice except for the lands within Exempt Mineral Lands, the Ex empt Mineral Lands being described in CNLR 1143/96 and NLR 71/98, 104/98, 97/00, 36/01, 31/04, 78/06, 8/08, 28/09 and 5/13 and outlined on 1:50 000 scale digital maps maintained by the Department of Natura l Resources, will be open for staking after the hour of 9:00 a.m. on the 32 nd clear day after the date of this publication.

DEPARTMENT OF NATURAL RESOURCES JUSTIN LAKE Manager - Mineral Rights File #'s 774: 4135, 5359, 6436, 7581, 8914; 775: 0058, 0419, 0464, 0469, 0470, 0493, 0494, 0496, 0528, 1696, 1697, 1698, 1701, 1702, 1705, 1707, 1708, 1711, 1712, 1713, 1714, 1715, 1718, 1733, 1790, 2720, 2722, 2726, 3393, 3445, 3468, 3469, 3512, 3666, 4112, 4113, 4114, 4115, 4125, 4128, 4141, 4144, 4145, 4153, 4585, 4652, 4653, 4654, 4656, 4661, 4666, 4668, 4669, 4673, 4676, 4683, 4684, 4686, 4687, 4689, 4691, 4692, 4693, 4694, 4706, 4709, 4710, 4712, 4713, 4714, 4716, 4865 Mar 4 TRUSTEE ACT ESTATE NOTICE IN THE MATTER OF the Estate of FATHER AIDAN DEVINE, Late of the Town of Happy Valley-Goose Bay, in the Province of Newfoundland and Labrador, Retired Parish Priest, Bachelor, Pens ioner, Deceased: January 21, 2016.

All persons claiming to be creditors of or who have any claims or demands upon or affecting the Estate of FATHER AIDAN DEVINE, Late of the Town of Happy Valley-Goose Bay, in the Province of Newfoundland and Labrador, Deceased, are here by requested to send the particulars of the same in wr iting, duly attested, to the undersigned Executor of the Estate on or before the 5 th day of April, 2016, after which da te the said Executor will proceed to distribute the said Estate having regard only to the claims of which notice shall have been received.

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 4, 2016 77 DATED at Stephenville, Newf oundland and Labrador, this 29th day of February, 2016. FATHER MAURICE O’QUINN Executor of the Estate of FATHER AIDAN DEVINE ADDRESS FOR SERVICE: 41 - 3 Pleasant Street Stephenville, NL A2N 1R9 Mar 4 ESTATE NOTICE IN THE MATTER OF the Estate of RALPH KEEPING, Retired Lead Hand, Late of the Town of Channel-Port aux Basques, District of Burg eo - LaPoile, Province of Newfoundland and Labrador, Canada, Deceased.

All persons claiming to be creditors of, or who have any claims or demands either as beneficiaries or next-of-kin, (by blood, legal adoption or marriage) upon or affecting the Estate of RALPH KEEPING, Retired Lead Hand, Deceased, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned solicitors for the Administratrix of the Estate of the said Deceased on or before the 4 th day of April, 2016, after which date the said Administratrix will proceed to distribute the said Estate having regard only to the claims to which she shall then have had notice.

DATED at the Town of Channel-Port aux Basques, Province of Newfoundland and Labrador, this 22 nd day of February, 2016. MARKS & PARSONS Solicitors for the Administratrix PER: M. Beverley L. Marks, Q.C. ADDRESS FOR SERVICE: P.O. Box 640 174 Caribou Road Channel-Port aux Basques, NL A0M 1C0 Tel: (709) 695-7338 (709) 695-7341 Fax: (709) 695-3944 Mar 4 ESTATE NOTICE IN THE MATTER of the Estate and Effects of VIOLA MURPHY, Late of 7 Road De Luxe, in the City of St. John’s, in the Province of Newfoundland and Labrador, Spinster, Retired, Deceased.

All persons claiming to be creditors of or who have any claims or demands upon or aff ecting the Estate of VIOLA MURPHY, Late of 7 Road De Luxe, in the City of St. John’s, in the Province of Newfoundland and Labrador, Spinster, Retired, Deceased, are hereby requested to send particulars thereof in writing, duly attested, to the undersigned solicitor for the Executor of the said Deceased, on or before the 8th day of April, 2016, after which date the said Estate will be distributed having regard only to claims which have given notice. DATED at the City of St. John's, this 23 rd day of February, 2016.

COLE LAW OFFICES Solicitor for the Executor PER: Ronald A. Cole, Q.C. ADDRESS FOR SERVICE: 177 Hamlyn Road St. John's, NL A1E 5Z5 Tel: (709) 368-8377 Fax: (709) 368-8269 Mar 4

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT Vol. 91 ST. JOHN’S, FRIDAY, MARCH 4, 2016 No. 9 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 4/16 NLR 5/16 NLR 6/16 NLR 7/16 NLR 8/16

The Newfoundland and Labrador Gazette 43 March 4, 2016 NEWFOUNDLAND AND LABRADOR REGULATION 4/16 Proclamation bringing Act into force (SNL2015 c6) with the exception of in S.11 ss.134.5(1) in S.15 ss.156.1(1), (2) and (3) (In force February 26, 2016) under

An Act to Amend the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act (O.C. 2016-021) (Filed February 26, 2016) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. HEATHER JACOBS Deputy Attorney General J. DEREK GREEN Administrator TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by

section 25 of

An Act to Amend the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, SNL2015

Chapter 6 (the “Act”), it is provided that the Act, or a s ection, subsection, paragraph or subparagraph shall come into force on a date to be fixed by Proclamation of Our Lieutenant Governor in Council; AND

WHEREAS it is deemed expedient that the Act shall now come into force; NOW KNOW YE, THAT WE, by and with the advice of Our Executive Council of Our Province of Newfoundland and Labrador, do by this our Proclamation declare and direct that

An Act to Amend the

Proclamation bringing Act into force (SNL2015 c6) with the exception of in S.11 ss.134.5(1) in S.15 ss.156.1(1), (2) and (3) (In force February 26, 2016) 4/16 The Newfoundland and Labrador Gazette 44 March 4, 2016 Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, SNL2015

Chapter 6, shall come into force on February 26, 2016, with the exception of: in

section 11 - subsection 134.5(1) and in

section 15 - subsections 156.1(1), (2) and (3). OF ALL WHICH OUR LOVING SUBJECTS AND ALL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly. IN TESTIMONY WHEREOF WE have caused these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to be hereunto affixed. WITNESS: Our trusty and well-beloved the Honourable J. Derek Green, Chief Justice of Newfoundland and Labrador, Court of Appeal Administrator in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE in our City of St.

John’s this 26 th day of February in the year of Our Lord two thousand and sixteen in the sixty-fifth year of Our Reign. BY COMMAND, JAMIE CHIPPETT Registrar General (Acting)

The Newfoundland and Labrador Gazette March 4, 201 6 45 NEWFOUNDLAND AND LABRADOR REGULATION 5/16 Offshore Petroleum Administrative Monetary Penalties Regulations under the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act (O.C. 2016-023) (Filed February 26, 2016) Under the authority of subsection 198.2(1) of the Canada- Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, February 26, 2016. Julia Mullaley Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2. Definition 3. Designated provisions 4. Classification 5. Penalties 6. Service of documents

Schedule A

Schedule B 1. These regulations may be cited as the Offshore Petroleum Administrative Monetary Penalties Regulations.

Short title

Offshore Petroleum Administrative Monetary Penalties Regulations 5/16 The Newfoundland and Labrador Gazette March 4, 201 6 46 2. In these regulations, "Act" means the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act. 3.

(1) The contravention of a provision of

Part III of the Act or of a regulation made under that Part that is set out in column 1 of a Part of

Schedule A is designated as a violation that may be proceeded with in accordance with sections 198.2 to 198.22 of the Act.

(2) The contravention of a direction, requirement, decision or order made under

Part III of the Act is designated as a violation that may be proceeded with in accordance with sections 198.2 to 198.22 of the Act.

(3) The contravention of a term or condition of an operating licence or authorization that is issu ed, or of an appr oval or exemption that is granted, under

Part III of the Act is designated as a violation that may be proceeded with in accordance with

section 198.2 to 198.22 of the Act. 4.

(1) The contravention of a provision that is set out in column 1 of a Part of

Schedule A is a Type A or Type B violation as set out in column 2 of that Part.

(2) The contravention of a direction, requirement, decision or order referred to in subsection 2(2) or of a term or condition referred to in subsection 2(3) is a Type B violation. 5.

(1) The penalty for a violation with a total gravity value set out in column 1 of

Schedule B is, in the case of a Type A violation, the corresponding amount set out in column 2 and, in the case of a Type B violation, the corresponding amount set out in column 3.

(2) The total gravity value in respect of a violation is to be established by (

a) considering each of the crite ria in column 1 of the table in this section; Definition Designated provisions Classification Penalties

Offshore Petroleum Administrative Monetary Penalties Regulations 5/16 The Newfoundland and Labrador Gazette March 4, 201 6 47 (

b) ascribing to each criterion an appropriate gravity value as set out in column 2, having regard to the circumstances of the violation, with a lower gravity value representing a lower level of gravity and a higher gravity value representing a higher level of gravity; and (

c) adding the values obtained. Item Column 1 Criteria Column 2 Gravity Value 1. Whether the person who committed the violation was finally found or was considered to have committed a previous violation set out in a notice of violation issued by the board, the National Energy Board or the Canada-Nova Scotia Offshore Petroleum Board 0 to +2 2. Whether the person derived any competitive or economic benefit from the violation 0 to +2 3. Whether the person made reasonable efforts to mitigate or reverse the violation's effects -2 to +2 4. Whether there was negligence on the person's

part 0 to +2 5. Whether the person pr ovided all reasonable assistance to the board with respect to the violation -2 to +2 6. Whether the person, after becoming aware of the violation, promptly reported it to the board -2 to +2 7. Whether the person has taken any steps to prevent a recurrence of the violation -2 to +2 8. For the Type B violations, whether the violation was primarily related to a reporting or record-keeping requirement -2 to 0 9. Whether the violation increased a risk of harm to people or the environment or a risk of waste 0 to +3 6.

(1) The service of a document that is authorized or required by

section 198.7 or 198.15 of the Act is to be made Service of documents

Offshore Petroleum Administrative Monetary Penalties Regulations 5/16 The Newfoundland and Labrador Gazette March 4, 201 6 48 (

a) if the person to be served is an individual, by (

i) leaving a copy of it with that individual, (ii) leaving a copy of it with someone who appears to be an adult member of the same household at the individual's last known address or usual place of residence, or (iii) sending a copy of it by registered mail, courier, fax or other electronic means to the individual's last known address or usual place of residence; and (

b) if the person to be served is not an individual, by (

i) leaving a copy of it at th e person's head office or place of business with an officer or other individual who appears to manage or be in control of the head office or place of business, (ii) sending a copy of it by registered mail, courier or fax to the person's head office or place of business, or (iii) sending a copy of it by electronic means other than by fax to an officer or other individual referred to in subparagraph (i).

(2) A document that is not personally served is considered to be served (

a) in the case of a copy that is left with a person referred to in subparagraph (1)(a)(ii), on the da y on which it is left with that person; (

b) in the case of a copy that is sent by registered mail or courier, on the 10th day afte r the date indicated on the receipt issued by the postal or courier service; and (

c) in the case of a copy sent by fax or other electronic means, on the day on which it is transmitted.

Offshore Petroleum Administrative Monetary Penalties Regulations 5/16 The Newfoundland and Labrador Gazette March 4, 201 6 49

Schedule A Violations

PART 1 CANADA-NEWFOUNDLAND AND LABRADOR ATLANTIC ACCORD IMPLEMENTATION NEWFOUNDLAND AND LABRADOR ACT Item Column 1 Provision Column 2 Classification 1. 133 Type B 2. 135.1(3) Type B 3. 135.2(2) Type B 4. 135.2(5) Type B 5. 156(1) Type B 6. 156(2) Type B 7. 156(3) Type B 8. 158(1.1) Type B 9. 158(3) Type B 10. 167(1) Type B 11. 168(1) Type B 12. 177 Type B 13. 187 Type B 14. 189(9) Type B 15. 189.2(1) Type B 16. 190(1)(

d) Type B

Offshore Petroleum Administrative Monetary Penalties Regulations 5/16 The Newfoundland and Labrador Gazette March 4, 201 6 50

PART 2 OFFSHORE AREA OIL AND GAS OPERATIONS REGULATIONS Item Column 1 Provision Column 2 Classification 1. 4 Type B 2. 5 Type B 3. 6 Type B

Offshore Petroleum Administrative Monetary Penalties Regulations 5/16 The Newfoundland and Labrador Gazette March 4, 201 6 51

PART 3 OFFSHORE PETROLEUM INSTALLATIONS NEWFOUNDLAND AND LABRADOR REGULATIONS Item Column 1 Provision Column 2 Classification 1. 3(

a) Type B 2. 3(

b) Type B 3. 3(

c) Type B 4. 4(1) Type B 5. 5(1) Type B 6. 6 Type B 7. 7 Type B 8. 8(2) Type B 9. 8(3) Type B 10. 8(4) Type B 11. 8(5) Type B 12. 8(6) Type B 13. 8(7)(

a) Type B 14. 8(7)(

b) Type B 15. 8(8) Type B 16. 9(1) Type B 17. 9(6) Type B 18. 10(1) Type B 19. 10(2) Type B 20. 10(3) Type B 21. 10(4) Type B 22. 10(5) Type B 23. 10(6) Type B 24. 10(7) Type B 25. 10(8) Type B 26. 10(9) Type B 27. 10(10) Type B 28. 10(11) Type B 29. 11(1) Type B 30. 11(2) Type B 31. 11(3) Type B 32. 11(4) Type B

Offshore Petroleum Administrative Monetary Penalties Regulations 5/16 The Newfoundland and Labrador Gazette March 4, 201 6 52 Item Column 1 Provision Column 2 Classification 33. 11(5) Type B 34. 12(1) Type B 35. 12(2) Type B 36. 12(3) Type B 37. 12(4) Type B 38. 12(5) Type B 39. 12(6) Type B 40. 12(7) Type B 41. 13(1) Type B 42. 13(2) Type B 43. 13(3) Type B 44. 13(4) Type B 45. 13(5) Type B 46. 13(6) Type B 47. 13(7) Type B 48. 13(8) Type B 49. 13(9) Type B 50. 13(10) Type B 51. 13(11) Type B 52. 13(12) Type B 53. 13(13) Type B 54. 13(14) Type B 55. 14(1)(

a) Type B 56. 14(1)(

b) Type B 57. 14(1)(

c) Type B 58. 14(1)(

d) Type B 59. 14(1)(

e) Type B 60. 14(1)(

f) Type B 61. 14(1)(

g) Type B 62. 14(2) Type B 63. 14(3) Type B 64. 14(4) Type B 65. 15(1) Type B 66. 15(2) Type B 67. 16 Type B 68. 17(2) Type B 69. 17(3) Type B 70. 17(4) Type B 71. 17(9) Type B 72. 18(1) Type B 73. 18(2) Type B

Offshore Petroleum Administrative Monetary Penalties Regulations 5/16 The Newfoundland and Labrador Gazette March 4, 201 6 53 Item Column 1 Provision Column 2 Classification 74. 18(4) Type B 75. 18(8) Type B 76. 18(9) Type B 77. 18(10) Type B 78. 18(11) Type B 79. 18(12) Type B 80. 18(13) Type B 81. 19(

a) Type B 82. 19(

b) Type B 83. 19(

c) Type B 84. 19(

d) Type B 85. 19(

e) Type B 86. 19(

f) Type B 87. 19(

g) Type B 88. 19(

h) Type B 89. 19(

i) Type B 90. 19(

j) Type B 91. 19(

k) Type B 92. 21 Type B 93. 22(1)(

a) Type B 94. 22(1)(

b) Type B 95. 22(1)(

c) Type B 96. 22(1)(

d) Type B 97. 22(1)(

e) Type B 98. 22(1)(

f) Type B 99. 22(2) Type B 100. 22(3) Type B 101. 22(4) Type B 102. 22(5) Type B 103. 22(6) Type B 104. 23(2)(

a) Type B 105. 23(2)(

b) Type B 106. 23(2)(

c) Type B 107. 23(2)(

d) Type B 108. 23(2)(

e) Type B 109. 23(2)(

f) Type B 110. 23(2)(

g) Type B 111. 23(2)(

h) Type B 112. 23(2)(

i) Type B 113. 23(2)(

j) Type B 114. 23(2)(

k) Type B

Offshore Petroleum Administrative Monetary Penalties Regulations 5/16 The Newfoundland and Labrador Gazette March 4, 201 6 54 Item Column 1 Provision Column 2 Classification 115. 23(2)(

l) Type B 116. 23(2)(

m) Type B 117. 23(2)(

n) Type B 118. 23(2)(

o) Type B 119. 23(2)(

p) Type B 120. 23(2)(

q) Type B 121. 23(2)(

r) Type B 122. 23(2)(

s) Type B 123. 23(2)(

t) Type B 124. 23(2)(

u) Type B 125. 23(4) Type B 126. 23(5) Type B 127. 24(1) Type B 128. 24(2) Type B 129. 24(3) Type B 130. 24(4) Type B 131. 25(2) Type B 132. 25(3) Type B 133. 25(4) Type B 134. 25(5) Type B 135. 25(6) Type B 136. 26(2) Type B 137. 26(3) Type B 138. 26(4) Type B 139. 26(5) Type B 140. 27(1) Type B 141. 27(2) Type B 142. 27(3) Type B 143. 27(4) Type B 144. 27(5) Type B 145. 27(6) Type B 146. 27(7) Type B 147. 27(8) Type B 148. 27(9) Type B 149. 27(10) Type B 150. 27(11) Type B 151. 28(1) Type B 152. 28(2) Type B 153. 28(3) Type B 154. 28(4) Type B 155. 28(5) Type B

Offshore Petroleum Administrative Monetary Penalties Regulations 5/16 The Newfoundland and Labrador Gazette March 4, 201 6 55 Item Column 1 Provision Column 2 Classification 156. 28(6) Type B 157. 28(7) Type B 158. 28(8) Type B 159. 28(9) Type B 160. 28(10) Type B 161. 28(11) Type B 162. 29(1) Type B 163. 29(2) Type B 164. 29(3) Type B 165. 29(4) Type B 166. 29(5) Type B 167. 29(6) Type B 168. 29(7) Type B 169. 29(8) Type B 170. 29(9) Type B 171. 30(1) Type B 172. 30(2) Type B 173. 30(3) Type B 174. 30(4) Type B 175. 31(1) Type B 176. 31(2) Type B 177. 31(3) Type B 178. 31(4) Type B 179. 32(1) Type B 180. 32(2) Type B 181. 32(3) Type B 182. 32(4) Type B 183. 32(5) Type B 184. 33(2)(

c) Type B 185. 34(1) Type B 186. 34(2) Type B 187. 34(3) Type B 188. 35(1) Type B 189. 35(2) Type B 190. 35(3) Type B 191. 35(4) Type B 192. 35(5) Type B 193. 36(1) Type B 194. 36(2) Type B 195. 36(3) Type B 196. 36(4) Type B

Offshore Petroleum Administrative Monetary Penalties Regulations 5/16 The Newfoundland and Labrador Gazette March 4, 201 6 56 Item Column 1 Provision Column 2 Classification 197. 36(5) Type B 198. 36(6) Type B 199. 36(7) Type B 200. 43(8) Type B 201. 48(3) Type B 202. 49(1) Type B 203. 49(2) Type B 204. 49(3) Type B 205. 49(4) Type B 206. 49(5) Type B 207. 49(6) Type B 208. 51 Type B 209, 56(2) Type B 210. 56(4) Type B 211. 56(5) Type B 212. 56(7) Type B 213. 56(8) Type B 214. 56(9) Type B 215. 57(1) Type B 216. 57(2) Type B 217. 57(3) Type B 218. 57(4) Type B 219. 57(5) Type B 220. 57(6) Type B 221. 57(7) Type B 222. 57(8) Type B 223. 57(9) Type B 224. 57(10) Type B 225. 57(11) Type B 226. 57(12) Type B 227. 58(1) Type B 228. 58(2) Type B 229. 58(3) Type B 230. 58(4) Type B 231. 58(5) Type B 232. 58(6) Type B 233. 58(7) Type B 234. 58(8) Type B 235. 58(9) Type B 236. 58(10) Type B 237. 58(11) Type B

Offshore Petroleum Administrative Monetary Penalties Regulations 5/16 The Newfoundland and Labrador Gazette March 4, 201 6 57 Item Column 1 Provision Column 2 Classification 238. 58(12) Type B 239. 58(13) Type B 240. 58(14) Type B 241. 59(1) Type B 242. 59(13) Type B 243. 60(1) Type B 244. 60(2) Type B 245. 61(7) Type B 246. 61(17) Type B 247. 61(18) Type B 248. 62(2) Type B 249. 62(3) Type B 250. 62(4) Type B 251. 63(1) Type B 252. 63(2) Type B 253. 65 Type B 254. 66 Type B 255. 67(1) Type B 256. 67(3) Type B 257. 67(4) Type B 258. 68 Type B 259. 69 Type A 260. 70(1) Type B 261. 70(2) Type B 262. 70(3) Type B

Offshore Petroleum Administrative Monetary Penalties Regulations 5/16 The Newfoundland and Labrador Gazette March 4, 201 6 58

PART 4 OFFSHORE AREA PETROLEUM GEOPHYSICAL OPERATIONS NEWFOUNDLAND AND LABRADOR REGULATIONS Item Column 1 Provision Column 2 Classification 1. 6 Type B 2. 7 Type A 3. 8 Type B 4. 9 Type B 5. 10(

a) Type B 6. 10(

b) Type B 7. 10(

c) Type B 8. 11(

a) Type B 9. 11(

b) Type B 10. 11(

c) Type B 11. 11(

d) Type B 12. 11(

e) Type B 13. 11(

f) Type B 14. 12(1) Type B 15. 12(2)(

a) Type B 16. 12(2)(

b) Type B 17. 12(2)(

c) Type B 18. 12(2)(

d) Type B 19. 12(2)(

e) Type B 20. 12(2)(

f) Type B 21. 12(3) Type B 22. 12(4) Type B 23. 13(

a) Type B 24. 13(

b) Type B 25. 13(

c) Type B 26. 13(

d) Type B 27. 13(

e) Type B 28. 13(

f) Type B 29. 13(

g) Type B 30. 14(

a) Type B 31. 14(

b) Type B 32. 14(

c) Type B 33. 15(

a) Type B

Offshore Petroleum Administrative Monetary Penalties Regulations 5/16 The Newfoundland and Labrador Gazette March 4, 201 6 59 Item Column 1 Provision Column 2 Classification 34. 15(

b) Type B 35. 16 Type B 36. 17 Type B 37. 18(

a) Type B 38. 18(

b) Type B 39. 18(

c) Type B 40. 18(

d) Type B 41. 19 Type B 42. 20(1) Type B 43. 20(2) Type B 44. 21(1) Type B 45. 22(1)(

a) Type B 46. 22(1)(

b) Type B 47. 22(1)(

c) Type B 48. 22(1)(

d) Type B 49. 22(3) Type B 50. 23 Type A 51. 24 Type A 52. 25(1) Type A 53. 25(2) Type A 54. 25(4) Type A 55. 25(5) Type A 56. 25(6) Type A 57. 25(7) Type A 58. 25(8) Type A 59. 25(9) Type A 60. 26(1)(

a) Type A 61. 26(1)(

b) Type A 62. 26(1)(

c) Type A 63. 26(1)(

d) Type A 64. 26(1)(

e) Type A 65. 26(1)(

f) Type A 66. 26(2) Type B 67. 26(4) Type B 68. 26(7) Type B 69. 27 Type B

Offshore Petroleum Administrative Monetary Penalties Regulations 5/16 The Newfoundland and Labrador Gazette March 4, 201 6 60

PART 5 OFFSHORE PETROLEUM DRILLING AND PRODUCTION NEWFOUNDLAND AND LABRADOR REGULATIONS, 2009 Item Column 1 Provision Column 2 Classification 1. 11(1) Type B 2. 18(1) Type B 3. 18(2) Type B 4. 19 Type B 5. 20(

a) Type B 6. 20(

b) Type B 7. 20(

c) Type B 8. 20(

d) Type B 9. 20(

e) Type B 10. 20(

f) Type B 11. 20(

g) Type B 12. 20(

h) Type B 13. 20(

i) Type B 14. 20(

j) Type B 15. 20(

k) Type B 16. 20(

l) Type B 17. 20(

m) Type B 18. 21(1) Type B 19. 21(2) Type B 20. 22(1) Type B 21. 22(2) Type B 22. 23(

a) Type B 23. 23(

b) Type B 24. 24 Type B 25. 25(1) Type B 26. 25(2) Type B 27. 26(

a) Type B 28. 26(

b) Type B 29. 26(

c) Type B 30. 27(

a) Type B 31. 27(

b) Type B 32. 28(1) Type B 33. 28(2) Type B 34. 29(

a) Type B

Offshore Petroleum Administrative Monetary Penalties Regulations 5/16 The Newfoundland and Labrador Gazette March 4, 201 6 61 Item Column 1 Provision Column 2 Classification 35. 29(

b) Type B 36. 30(1) Type B 37. 30(2) Type B 38. 31 Type B 39. 32 Type B 40. 33(

a) Type B 41. 33(

b) Type B 42. 34(

a) Type B 43. 34(

b) Type B 44. 34(

c) Type B 45. 35(1)(

a) Type B 46. 35(1)(

b) Type B 47. 35(1)(

c) Type B 48. 35(2) Type B 49. 35(3) Type B 50. 36 Type B 51. 37(1) Type B 52. 37(2) Type B 53. 37(3) Type B 54. 37(4) Type B 55. 38 Type B 56. 39 Type B 57. 40 Type B 58. 41 Type B 59. 42 Type B 60. 43 Type B 61. 44 Type B 62. 46(

a) Type B 63. 46(

b) Type B 64. 46(

c) Type B 65. 47(1)(

a) Type B 66. 47(1)(

b) Type B 67. 47(1)(

c) Type B 68. 47(1)(

d) Type B 69. 47(1)(

e) Type B 70. 47(1)(

f) Type B 71. 47(1)(

g) Type B 72. 47(1)(

h) Type B 73. 47(1)(

i) Type B 74. 47(1)(

j) Type B 75. 47(2)(

a) Type B

Offshore Petroleum Administrative Monetary Penalties Regulations 5/16 The Newfoundland and Labrador Gazette March 4, 201 6 62 Item Column 1 Provision Column 2 Classification 76. 47(2)(

b) Type B 77. 48 Type B 78. 50 Type B 79. 51(1)(

a) Type B 80. 51(1)(

b) Type B 81. 52 Type B 82. 53(1)(

a) Type B 83. 53(1)(

b) Type B 84. 53(2) Type B 85. 54(

a) Type B 86. 54(

b) Type B 87. 54(

c) Type B 88. 55 Type B 89. 56 Type B 90. 57 Type B 91. 58 Type B 92. 59 Type B 93. 60 Type B 94. 61(1) Type B 95. 61(2) Type B 96. 62(1) Type B 97. 62(2) Type B 98. 63(

a) Type B 99. 63(

b) Type B 100. 63(

c) Type B 101. 63(

d) Type B 102. 64(

a) Type B 103. 64(

b) Type A 104. 65 Type B 105. 66(

a) Type B 106. 66(

b) Type B 107. 66(

c) Type B 108. 67(1) Type B 109. 67(3) Type B 110. 68 Type B 111. 69 Type B 112. 70 Type B 113. 71(1) Type B 114. 71(2) Type B 115. 71(3) Type B 116. 72(2) Type B

Offshore Petroleum Administrative Monetary Penalties Regulations 5/16 The Newfoundland and Labrador Gazette March 4, 201 6 63 Item Column 1 Provision Column 2 Classification 117. 72(3) Type B 118. 73(

a) Type B 119. 73(

b) Type B 120. 74(1) Type B 121. 74(3) Type B 122. 75 Type A 123. 76(1) Type B 124. 77(1)(

a) Type B 125. 77(2)(

a) Type B 126. 77(2)(

b) Type B 127. 78(1) Type A 128. 78(2) Type A 129. 79(

a) Type A 130. 79(

b) Type A 131. 79(

c) Type A 132. 79(

d) Type A 133. 79(

e) Type A 134. 80(

a) Type B 135. 80(

b) Type B 136. 81 Type B 137. 82(

a) Type B 138. 82(

b) Type B 139. 83(

a) Type B 140. 83(

b) Type B 141. 84(2) Type B 142. 84(3) Type B 143. 85(

a) Type B 144. 85(

b) Type B 145. 85(

c) Type B 146. 86(1) Type A 147. 86(2) Type A 148. 87 Type A 149. 88(1) Type A 150. 88(2) Type A 151. 89 Type B 152. 90(1) Type A 153. 90(2) Type A 154. 91(1) Type B 155. 91(2) Type A 156. 92 Type A

Offshore Petroleum Administrative Monetary Penalties Regulations 5/16 The Newfoundland and Labrador Gazette March 4, 201 6 64

Schedule B PENALTIES Column 1 Column 2 Column 3 Type A Violation Type B Violation Item Total Gravity Value Individual Any Other Person Individual Any Other Person 1. -3 or less $250 $1,000 $1,000 $4,000 2. -2 $595 $2,375 $4,000 $16,000 3. -1 $990 $3,750 $7,000 $28,000 4. 0 $1,365 $5,025 $10,000 $40,000 5. 1 $1,740 $6,300 $13,000 $52,000 6. 2 $2,115 $7,575 $16,000 $64,000 7. 3 $2,490 $8,850 $19,000 $76,000 8. 4 $2,865 $10,125 $22,000 $88,000 9. 5 or more $3,000 $12,000 $25,000 $100,000 ©Queen's Printer

The Newfoundland and Labrador Gazette March 4, 2016 65 NEWFOUNDLAND AND LABRADOR REGULATION 6/16 Offshore Petroleum Cost Recovery Regulations under the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act (O.C. 2016-024) (Filed February 26, 2016) Under the authority of

section 29.1 of the Canada- Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, February 26, 2016. Julia Mullaley Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2. Definition

PART 1 REGULATORY ACTIVITY PLAN CHARGES 3. Regulatory activity plan 4. Existing project 5. Recalculation 6. Quarterly invoicing 7. Annual charge adjustment

PART 2 FORMULA FEES 8.

Interpretation 9. Publication 10. Basic formula 11. Payment of fees

PART 3 GEODATA CENTRE

Offshore Petroleum Cost Recovery Regulations 6/16 The Newfoundland and Labrador Gazette March 4, 2016 66 12. Definition 13. Sample access fee

PART 4 OTHER CHARGES 14. Reimbursement of board costs

PART 5 GENERAL 15. Interest 16. Remittance of fees and charges

PART 6 CONSEQUENTIAL AMENDMENTS, TRANSITIONAL PROVISIONS AND COMMENCEMENT 17. CNLR 2/96 Amdt. 18. Transitional 1. These regulations may be cited as the Offshore Petroleum Cost Recovery Regulations. 2.

In these regulations, (a) "Act" means the Canada -Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act; (b) "actual full cost" means the full cost confirmed by the board's audited financial statements; (c) "direct reg ulatory activities" means the activities that are required for the board to fulfill its regulatory responsibilities such as assessing applications, issuing licences, granting approvals and authorizations, verifying and enforcing compliance with the Act and providing information, products and services; (d) "indirect regulatory costs" means the costs that support the board's direct regulatory activities such as office accommodation, supplies and equipment, professional services, co mmunications, travel, manag ement, training, administration, human resources services, finance, information technology services, hardware and so ftware, the preparation of doc uments, including policies, standards, guidelines, procedures and notices , and the provision of technical expertise, inclu ding any advice relating to legislation or regulations, to the federal minister or the provincial minister at that minister's request; and

Short title Definition

Offshore Petroleum Cost Recovery Regulations 6/16 The Newfoundland and Labrador Gazette March 4, 2016 67 (e) "project" means the work or activity referred to in paragraph 134(1)(

b) of the Act.

PART 1 REGULATORY ACTIVITY PLAN CHARGES 3.

(1) For each new project relating to development, production, abandonment, exploratory drilling or multi -year or complex seismic programs in respect of petroleum operations, on receipt of a project description or letter of intent, the board shall (

a) prepare a regulatory activity plan; (

b) calculate the estimated annual charge payable by the applicant or the operator for the project by determining the estimated full cost, including indirect regulatory costs, associated with the implementation of the regulatory activity plan based on (

i) the cost of the estimated total number of units of time necessary to be spent in that fiscal year on direct regulatory activities for the project, and (ii) any other costs, excluding costs calculated un der other cost recovery methods; and (

c) notify the applicant or the operator, in writing, of the regulatory activity plan and the estimated annual charge payable. 4. For each existing project that wa s previously under a regulatory activity plan, after approval of the board's budget in any given fiscal year following its submission in accordance with subsection 27(2) of the Act, the board shall (

a) prepare a new regulatory activity plan; (

b) calculate the estimated annual charge payable by the applicant or the operator for the project by determining the estimated full cost, including indirect regulatory costs, associated with the implementation of the new regulatory activity plan based on Regulatory activity plan Existing project

Offshore Petroleum Cost Recovery Regulations 6/16 The Newfoundland and Labrador Gazette March 4, 2016 68 (

i) the co st of the estimated total number of units of time necessary to be spent in that fiscal year on direct regulatory activities for the project, and (ii) any other costs, excluding costs calculated under other cost recovery methods; and (

c) notify the appli cant or the operator, in writing, of the new regulatory activity plan and the estimated annual charge payable. 5. If an applicant or operator proposes changes to its project that are not reflected in the regulatory activity plan, the board m ay recalculate the estimated annual charge for that project and adjust the payable amount accordingly. 6.

(1) The board shall, on a quarterly basis, prepare and send an invoice for an amount equal to 25% of the estimated annual charge payable to each applicant or operator who has been notified under paragraph 3(

c) or 4(c).

(2) Within 30 days after the date of the invoice, the applicant or the operator shall pay the amount invoiced. 7.

(1) Each year, following the end of the fiscal year, the board shall, for each project under a regulatory activity plan, (

a) calculate the actual full cost associated with the implementation of the regulatory activity plan; (

b) calculate the charge adjustment, if any, by subtracting the estimated annual charge, calculated in accordance with paragraph 3(

b) or 4(b), from the actual full cost; and (

c) notify the applicant or the operator in writing of the amount of the actual full cost and the amount of the charge adjustment.

(2) If the actual full cost calculated under paragraph (1)(

a) is (

a) less than the estimated annual charge, the difference is credited to the appl icant's or operator's account and shall be refunded as a credit on the next invoice; or Recalculation Quarterly invoicing Annual charge adjustment

Offshore Petroleum Cost Recovery Regulations 6/16 The Newfoundland and Labrador Gazette March 4, 2016 69 (

b) greater than the estimated annual charge, the board shall invoice the applicant or the operator for an amount equal to the difference and the applicant or the operator shall pay that amount to the board within 30 days after the date of the invoice.

PART 2 FORMULA FEES 8. In this Part (a) "base units of time" means the number of units of time published by the board in accordance with

section 9 based on the board's estimate of the time required for it to undertake direct regulatory activities in relation to e ach activity set out in the tables to

section 10; (b) "variable units of time" means the number of units of time published by the board in accordance with

section 9 based on the board's estimate of the time required for it to undertake direct regulatory a ctivities in relation to the variables set out in column 3 of the tables to subsection 10(3); (c) "effective rate" means the rate published by the board in accordance with

section 9 based on the estimated sum of the costs incurred by the board's undertaki ng of all direct regulatory activities and of the board's indirect regulatory costs minus the sum of the costs incurred by the board's undertaking of regulatory activities that are not recovered by the board at the request of the federal minister and the provincial minister and divided by the total number of units of time spen t by the board for those direct regulatory activities; and (d) "heavy burden coefficient" means a multiplier that the board may apply to a fee for an activity if the board is of the opinion that the fee should be increased to reflect the additional number of units of time spent by the board to undertake d irect regulatory activities as a result of non - compliance with the Act, negligence or lack of effort by an applicant or ope rator in responding to any of the board's questions during an application process or activity.

Interpretation

Offshore Petroleum Cost Recovery Regulations 6/16 The Newfoundland and Labrador Gazette March 4, 2016 70 9. Each year the boa rd shall publish, by electronic or other means that is likely to reach applicants or operators, (

a) the base units of time for each act ivity set out in the tables to

section 10; (

b) the variable units of time for each activity set out in the table to subsection 10(3); and (

c) the effective rate. 10.

(1) The fee for each activity set out in the table to this subsection is determined by the formula A x C where A is the base units of time related to each activity; and B is the effective rate. Item Activity 1. Application for a declaration of significant discovery 2. Application for a declaration of commercial discovery 3. Application for a significant discovery licence 4. Application for a licence for subsurface storage 5. Application for a production licence 6. Application for an amendment to a licence or a consolidation of licences 7. Registration of a transfer 8. Registration of a security notice 9.

Registration of an interest 10. Recording of a notice 11. Registration of an instrument other than a transfer or security notice 12. Application to an extension, by order, of the term of a production licence 13. Application for allowable expenditures Publication Basic formula

Offshore Petroleum Cost Recovery Regulations 6/16 The Newfoundland and Labrador Gazette March 4, 2016 71

(2) The fee for each activity set out in column 2 of the table to this subsection is determined by the formula A x C x D where A is the base units of time related to each activity; C is the effective rate; and D if applicable, is the heavy burden coefficient. Item Column 1 Category of Activity Column 2 Activity 1. Geological operations authorization (with field work) Geochemical study 2. Geophysical (without field work) Geophysical study 3. Geological (without field work) Purchase of geological studies 4. Geological (without field work) Isotope age dating 5.

Geological (without field work) In-house geological studies 6. Geological (without field work) Petrography 7. Geological (without field work) Paleontological or palynological study 8. Geological (without field work) Other geophysical activity 9. Annual compliance fee All geophysical projects

(3) The fee for each activity set out in column 2 of the table to this subsection is determined by the formula (A +

B) x (C x

D) where A is the base units of time related to each activity; B is the variable units of time multiplied by the number of primary vessels or aircraft to be used in each activity;

Offshore Petroleum Cost Recovery Regulations 6/16 The Newfoundland and Labrador Gazette March 4, 2016 72 C is the effective rate; and D if applicable, is the heavy burden coefficient. Item Column 1 Category of Activity Column 2 Activity Column 3 Variable 1. Geophysical operations authorization (with field work) 2-D seismic reflection survey (primary activity) Primary vessel 2. Geophysical operations authorization (with field work) 3-D seismic reflection survey (primary activity) Primary vessel 3.

Geophysical operations authorization (with field work) 4-D seismic reflection survey (primary activity) Primary vessel 4. Geophysical operations authorization (with field work) Seafloor gravity survey (primary activity) Primary vessel 5. Geophysical operations authorization (with field work) Seismic refraction survey (primary activity) Primary vessel 6. Geophysical operations authorization (with field work) Controlled source electromagnetic survey Primary vessel 7. Geophysical operations authorization (with field work) Other geophysical program Primary vessel 8.

Geophysical operations authorization (with field work) Aeromagnetic survey (primary activity) Aircraft 9. Geotechnical authorization (seabed survey) Piston core Primary vessel 10. Geotechnical authorization (seabed survey) Shallow seismic, seabed survey Primary vessel Payment of fees

Offshore Petroleum Cost Recovery Regulations 6/16 The Newfoundland and Labrador Gazette March 4, 2016 73 11.

(1) On the submission of an application in respect of an activit y set out in any table to

section 10, the applicant shall pay to the board the fee determined in accordance with that section.

(2) If the board uses a heavy burden coefficient to calculate an additional charge in respect of an activity, the board shall in voice the applicant or the operator and the applicant or the operator shall pay that amount to the board within 30 days after the date of the invoice.

PART 3 GEODATA CENTRE 12. In this Part, the daily access rate means the rate established and published by the board by electronic or other means that is likely to reach applicants and operators. 13. Any person, except a person requesting access for an academic purpose, the federal minister and the provincial minister, who accesses a physical sample at the geodata centre shall pay the daily access rate for each day the sample is accessed.

PART 4 OTHER CHARGES 14. The board may require reimbursement for 100% of its costs for activities that are not set out in Parts 1 to 3 and that are related to the following: (

a) any verification of compliance under the Act involving travel to another location by the board's staff; (

b) the Oil and Gas Committee; (

c) any technical analysis or process review that is r elated to a specific project and that is requested by an applicant or operator; (

d) any public review, written or oral hearing or inquiry that is related to a specific project and that is required or initiated by the board; Definition Sample access fee Reimbursement of board costs

Offshore Petroleum Cost Recovery Regulations 6/16 The Newfoundland and Labrador Gazette March 4, 2016 74 (

e) a participant funding program that is part of an environmental assessment conducted under the Canadian Environmental Assessment Act, 2012; and (

f) information, products or services that are requested by a person.

PART 5 GENERAL 15. Interest on an amount owing to the boa rd shall be calculated and compounded monthly at the rate of 1.5% and is payable and accrues during the period beginning on the due date and ending on the day before the day on which the payment is received by the board. 16. For the purposes of

section 29.2 of the Act, the fees and charges obtained in accordance with these regulations shall be remitted on a quarterly basis subject to the board's operational requirements.

PART 6 CONSEQUENTIAL AMENDMENTS, TRANSITIONAL PROVISIONS AND COMMENCEMENT 17. (1) Subsections 8(1) and (2) of the Offshore Area Registration Regulations are repealed and the following substituted: 8.

(1) A person may, at the office of the registrar, inspect the daybook, the register and copies of an interest or instrument registered under Division VII of

Part II of the Act.

(2) The registrar shall provide to the person making the r equest a certified exact copy of (

a) an interest or instrument registered under D ivision VII of

Part II of the Act; and (

b) the abstract of an interest.

(2) Section 14 of the Offshore Are a Registration Regulations is repealed. Interest Remittance of fees and charges CNLR 2/96 Amdt. Searches Transitional

Offshore Petroleum Cost Recovery Regulations 6/16 The Newfoundland and Labrador Gazette March 4, 2016 75 18.

(1) Section 4 does not apply to a project that relate s to development, production, abandonment, explorator y drilling or multi-year or complex seismic programs if the applicant or the operator has paid 100% of the board's estimated costs for the project for the fiscal year in which these regulations come into force.

(2) All existing projects relating to develo pment, production, abandonment, exploratory drilling or multi -year or complex seismic programs that are under the board's regulatory authority before these regulations come into force and that do not have a regulatory activity plan are considered to have b een previously under a regulatory activity plan for the purposes of

section 4. ©Queen's Printer

The Newfoundland and Labrador Gazette March 4,201 6 77 NEWFOUNDLAND AND LABRADOR REGULATION 7/16 Offshore Petroleum Financial Requirements Regulations under the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act (O.C. 2016-022) (Filed February 26, 2016) Under the authority of subsection 145(1) of the Canada- Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, February 26, 2016. Julia Mullaley Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2. Definition 3. Financial resources 4. Financial responsibility 5. Reimbursement into pooled fund 6. Board recommendation regarding lesser financial requirements 7. Repeal 1. These regulations may be cited as the Offshore Petroleum Financial Requirements Regulations.

Short title

Offshore Petroleum Financial Requirements Regulations 7/16 The Newfoundland and Labrador Gazette March 4,201 6 78 2. In these regulations, "Act" means the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act. 3.

(1) For the purposes of subsection 157.1(1) of the Act, the proof that an applicant has the necessary financial resources is to be made by the applicant providing the board with a statement of its net assets or of funding arrangements that it has made that demonstrates to the board's satisfaction that it is able to pay the applicable amount referred to in that subsection.

(2) The statement shall be accom panied by one or more of the following documents that substantiate it (

a) the applicant's most r ecent audited annual financial statement, and if the applican t has been given a credit rating by a credit rating agency that is current at the time the application is made, a document that indicates that credit rating; (

b) a promissory note; (

c) an insurance policy or a certificate of insurance; (

d) an escrow agreement; (

e) a letter of credit; (

f) a line of credit agreement under which funds identified in the statement are available; (

g) a guarantee agreement; and (

h) a security bond or pledge agreement or an indemnity bond or suretyship agreement.

(3) For greater certainty, the board may require that the statement and substantiating documents be audited by a qualified Definition Financial resources

Offshore Petroleum Financial Requirements Regulations 7/16 The Newfoundland and Labrador Gazette March 4,201 6 79 independent auditor and that the applicant provide it with a report of the audit that is signed by the auditor. 4.

(1) A pooled fund that is established for the purposes of subsection 158(1.1) of the Act shall be located and administered in Canada.

(2) The fund is to be used only to make payments under subsection 158(2) of the Act however the fund may be used to make payments (

a) under subsection 163(2) of the federal Act if it is also established for the purposes of subsection 163(1.01) of that Act; (

b) under subsection 168(2) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act , if it is also established fo r the purposes of subsection 168(1.01) of that Act; (

c) under subsection 160(2) of the Canada-Nova Scotia Offshore Petroleum Resour ces Accord Implementation (Nova Scotia) Act, SNS1987, c.3, if it is also established for the purposes of subsection 160(1A) of that Act; or (

d) under subsection 27(2) of the Canada Oil and Gas Operations Act, if it is also established for the purposes of subsection 27(1.01) of that Act.

(3) Moneys that are required to be paid out of the fund shall be paid by the administrator of the fund on demand.

(4) The administrator of the fund shall (

a) every year, provide the bo ard with an audited financial statement that demonstrates that the fund has been maintained at a minimum of $250 million or at the higher minimum amount set by regulation; (

b) notify the board within 24 hours of the addition of a participant to, or withdrawal of a participant from, the fund or of any change in the amount of the fund, other than one Financial responsibility

Offshore Petroleum Financial Requirements Regulations 7/16 The Newfoundland and Labrador Gazette March 4,201 6 80 that is solely attributable to an interest charge or a banking fee; (

c) notify the board of a contravention by a participant in the fund of his, her or its obligation under subsection 158(1.3), (1.4) or (5) of the Act within 24 hours after he, she or it becomes aware of the contravention; and (

d) provide the board with the phone number, email address and mailing address of his, her or its contact person. 5. For the purposes of subsection 158(5) of the Act, the reimbursement into the pooled fund of an amount that is paid out of it shall be made within 7 days after the day on which the payment is made. 6.

(1) For the purposes of subsection 158.1(1) of the Act, the board may make a recommendation to the provincial minister in respect of an applicant if the board is satisfied that the estimated total of the losses, damages, costs and expenses, other than losses of non-use value, for which the applicant may be liable under paragraphs 157(1)(

b) and (2)(

b) of the Act in connection with the proposed work or activity to which the application pertains is less than the amount referred to in paragraphs 157(2.2)(

a) or (

b) of the Act.

(2) The recommendation shall identify the hazards that are relevant to the proposed work or activity and shall include an assessment of the risks associated w ith each event that could occur in connection with each of those hazards and that could result in debris, in a spill or in an authorized discharge, emission or escape of petroleum.

(3) The following information shall accompany the recommendation: (

a) the estimated total of the losses, damages, costs and expenses referred to in subsection (1); (

b) the recommended amount that is less than the amount referred to in paragraph 157(2.2)(

a) or (

b) or 158(1)(

a) of the Act; (

c) a

summary of the reas ons for the recommendation; Reimbursement into pooled fund Board recommendation regarding lesser financial requirements

Offshore Petroleum Financial Requirements Regulations 7/16 The Newfoundland and Labrador Gazette March 4,201 6 81 (

d) a

summary of any information provided by the applicant to the board that the board considers to be pertinent; (

e) any information concerni ng the recommendation that the board provided to the federal minister in connection with that minister's approval under subsection 158.1(1) of the Act; and (

f) any information requested by the provincial minister.

(4) The board may submit to th e provincial minister any other information that it considers pertinent. 7. The Canada-Newfoundland and Labrador Oil and Gas Spills and Debris Liability Newfoundland and Labrador Regulations, Consolidated Newfoundland and Labrador Regulation 771/96 are repealed. ©Queen's Printer Repeal

The Newfoundland and Labrador Gazette March 4, 2016 83 NEWFOUNDLAND AND LABRADOR REGULATION 8/16 Newfoundland and Labrador T'Railway Provincial Park Proclamation (Amendment) under the Provincial Parks Act (Filed March 2, 2016) Under the authority of subsection 4(2) of the Provincial Parks Act, I make the following Order. Dated at St. John’s, March 2, 2016. Perry Trimper Minister of Environment and Conservation ORDER Analysis 1. Sch. Amdt. 1. The Newfoundland and Labrador T'Railway Provincial Park Proclamation is amended by adding at the end of the

Schedule the following: The area described in this

Schedule is decreased by removing the following parcel of land: All that piece or parcel of land situate and being at the Town of Bishop's Falls, in the Electoral District of Exploits, in the Province of NLR 93/97 as amended

Newfoundland and Labrador T'Railway Provincial Park Proclamation (Amendment) 8/16 The Newfoundland and Labrador Gazette March 4, 2016 84 Newfoundland and Labrador, abutted and bounded as follows, that is to say: Beginning at survey mark er located on the northeasterly limit of the Newfoundland and Labrador T'Railw ay Provincial Park, Title No. 113478, the said point being the most easterly angle of the herein described parcel and having co-ordinates of north 5,430,347.614 metres and east 342,031.765 metres; Then crossing the Newfoundland an d Labrador T'Railway Provincial Park, Title No. 113478, north 87° 05' 29" west 33.135 metres to a survey marker; Then running counter clockwise al ong the arc of a curve having a radius of 124.595 metres and a length of 84.617 metres, Crown Land, to a point which bears north 86° 14' 43" west a straight line distance of 83.000 metres to a survey marker; Then crossing the Newfoundland an d Labrador T'Railway Provincial Park, Title No. 113478, north 22° 18' 06" west 15.089 metres to a survey marker; Then running clockwise along the arc of a curve having a radius of 139.595 metres and a length of 127.878 metres, Crown Land, to a point which bears south 80° 10' 11" east a straight line distance of 123.454 metres, more or less, to the point of beginning; The above described land contains an area of 0.161 hectares more or less.

All bearings are being referred to the meridian of 56 west longitude of the 3° Modified Transverse Mercator Projection. Zone 2-NAD83 for the Province of Newfoundland and Labrador. The area described in this

Schedule is increased by adding the following parcel of land: All that piece or parcel of land situate and being at the Town of Bishop's Falls, in the Electoral District of Exploits, in the Province of Newfoundland and Labrador, abutted and bounded as follows, that is to say:

Newfoundland and Labrador T'Railway Provincial Park Proclamation (Amendment) 8/16 The Newfoundland and Labrador Gazette March 4, 2016 85 Beginning at survey marker located on the southeasterly limit of the Newfoundland and Labrador T'Railw ay Provincial Park, Title No. 113478, the said point being the most westerly angle of the herein described parcel and having co-ordinates of north 5,430,283.650 metres and east 341,832.359 metres; Then running along the Newfoundland and Labrador T'Railway Provincial Park, Title No. 113478, north 33° 46' 11" east 24.531 metres to a survey marker; Then running clockwise along the arc of a curve having a radius of 124.595 metres and a length of 88.134 metres, the Newfoundland and Labrador T'Railway Provincial Park, Title No. 113478, to a point which bears north 54° 02' 03" east a straight line distance of 86.308 metres to a survey marker; Then running along Crown Land, south 22° 18' 06" east 1.355 metres to a survey marker; Then running along Crown Land, south 87° 05' 29" east 82.414 metres to a survey marker; Then running clockwise along the arc of a curve having a radius of 124.595 metres and a length of 59.805 metres, the Newfoundland and Labrador T'Railway Provincial Park, Title No. 113478, to a point which bears south 53° 02' 19" east a straight line distance of 59.233 metres to a survey marker; Then running along Crown Land, north 76° 10' 05" west 54.949 metres to a survey marker; Then running counter clockwise al ong the arc of a curve having a radius of 101.615 metres and a length of 112.321 metres, along land granted by the Crown to Nfld.

Pine and Pulp Limited, registered in Vol. SG2, Fol. 49, at the Registry of Crown Titles, to a point which bears south 83° 25' 00" west a straight line distance of 106.690 metres to a survey marker; Then running along Crown Land, south 60° 19' 45" west 62.494 metres, more or less, to the point of beginning; The above described land contains an area of 0.398 hectares more or less.

Newfoundland and Labrador T'Railway Provincial Park Proclamation (Amendment) 8/16 The Newfoundland and Labrador Gazette March 4, 2016 86 All bearings are being referred to the meridian of 56 west longitude of the 3° Modified Transverse Mercator Projection. Zone 2-NAD83 for the Province of Newfoundland and Labrador. ©Queen's Printer

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 4, 2016 87 Index

PART I Mineral Act – Notice ......................................................................................................... ............................................................ 73 Trustee Act – Notices ........................................................................................................ ............................................................ 76

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No.

An Act to Amend the Canada Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act Proclamation bringing Act NLR 4/16 New Mar 4/16 p. 43 into force with the exception Extraordinary Gazette of: in S.11 ss.134.5(1) February 26/16 in S.15 ss.156.1(1), (2) and (3) (In force February 26, 2016) Canada Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act Offshore Petroleum NLR 5/16 New Mar 4/16 p. 45 Administrative Monetary Extraordinary Gazette Penalties Regulations February 26/16 Offshore Petroleum Cost NLR 6/16 New Mar 4/16 p. 65 Recovery Regulations Extraordinary Gazette February 26/16 Offshore Petroleum NLR 7/16 New Mar 4/16 p. 77 Financial Requirements Extraordinary Gazette Regulations February 26/16 Provincial Parks Act Newfoundland and Labrador NLR 8/16 Amends Mar 4/16 p. 83 T’Railway Provincial Park NLR 93/97 Proclamation (Amdt.) Sch.

Amdt.

THE NEWFOUNDLAND AND LABRADOR GAZETTE March 4, 2016 88 All other public notices required by law to be published in The Newfoundland and Labrador Gazette , eg., Corporations Act, M unicipalities Act, Quieting of Titles Act, Urban and Rural Planning Act, etc., are priced according to size: for Single Column $3.30 per cm or Double Column $6.60 per cm, plus 13% HST. The Newfoundland and Labrador Gazette is published from the Office of the Queen’s Printer. Copy for publication must be received by Friday, 4:30 p.m. , seven days before publication date to ensure inclusion in next issue.

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All cheques, money orders, etc., should be made payable to THE NEWFOUNDLAND EXCHEQUER ACCOUNT and all correspondence should be addressed to: O ffice of the Queen’s Printer, P. O. Box 8700, Ground Floor, East Block, Confederation Building, St. John’s, NL A1B 4J6, Telephone: (709) 729-3649, Fax: (709) 729-1900.

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Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2016-03-04
Type	gazette
Volume / chapter	printer gazette weekly issues 2016 nlg160304
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	a97ebdd9d81ea035d848b450ccd45ed86f86077e

Source file is stored in the law ingest library (pdf).