THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

Part II PUBLISHED BY AUTHORITY ST. JOHN'S, MONDAY, FEBRUARY 28, 2011 NEWFOUNDLAND AND LABRADOR REGULATIONS 30/11 31/11 32/11

Extraordinary Gazette February 28, 2011 3 NEWFOUNDLAND AND LABRADOR REGULATION 30/11 Court Designation Order under the Interprovincial Subpoena Act (O.C. 2011-049) (Filed February 28, 2011) Under the authority of

section 10 of the Interprovincial Subpoena Act, the Lieutenant-Governor in Council makes the following Order. Dated at St. John’s, February 25, 2011. Robert Thompson Clerk of the Executive Council ORDER Analysis 1.

Short title 2. Definition 3. Designation 1. This Order may be cited as the Court Designation Order. 2. In this Order, "Act" means the Interprovincial Subpoena Act. 3. The Ontario Racing Commission is designated as a court for the purpose of the Act. ©Earl G. Tucker, Queen's Printer

Short title Definition Designation

) Extraordinary Gazette February 28, 2011 5 NEWFOUNDLAND AND LABRADOR REGULATION 31/11 Royalty Regulations, 2003 (Amendment) under the Petroleum and Natural Gas Act (O.C. 2011-044) (Filed February 28, 2011) Under the authority of

section 39 of the Petroleum and Natural Gas Act the Lieutenant-Governor in Council makes the following regu- lations. Dated at St. John’s, February 25, 2011. Robert Thompson Clerk of the Executive Council REGULATIONS Analysis 1. S.35 Amdt. Assessment and reassess- ment 2. Commencement 1. Subsection 35(2) of the Royalty Regulations, 2003 are amended by striking out the word s "not more than 60 days after receiving it". NLR 71/03 as amended

Royalty Regulations, 2003 (Amendment) 31/11 Extraordinary Gazette February 28, 2011 6 2. These regulations are consid ered to have come into force on December 31, 2001. ©Earl G. Tucker, Queen's Printer Commencement

Extraordinary Gazette February 28, 2011 7 NEWFOUNDLAND AND LABRADOR REGULATION 32/11 Royalty Regulations, 2003 (Amendment) under the Petroleum and Natural Gas Act (O.C. 2011-045) (Filed February 28, 2011) Under the authority of

section 39 of the Petroleum and Natural Gas Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, February 25, 2011. Robert Thompson Clerk of the Executive Council REGULATIONS Analysis 1. S.49 Amdt. Matters that may be arbi- trated 2. Ss.76.1 to 76.4 Added 76.1 End of period deduction 76.2 Calculation and determination by minister 76.3 No interest to be paid or payable 76.4 Effect of provisions 1.

(1) Section 49 of the Royalty Regulations, 2003 is amended by renumbering it as subsection 49( 1) and by adding immediately after paragraph (1)(

a) the following: NLR 71/03 as amended

Royalty Regulations, 2003 (Amendment) 32/11 Extraordinary Gazette February 28, 2011 8 (a.1) a reply by the minister to a notice of objection under para- graph 76.2(6)(b);

(2) Section 49 of the regulations is amended by adding im- mediately after subsection (1) the following:

(2) Notwithstanding paragraph (1)(a.1), a matter may only be submitted to arbitration under that paragraph for 30 days from the date that the interest holder received th e reply by the minister under para- graph 76.2(6)(b), and after that time, the ability to submit a matter to arbitration under that paragraph shall expire. 2. The regulations are amende d by adding immediately after

section 76 the following: 76.1

(1) For the purpose of this Part, the calculation referred to in subsection 10(2) shall be reduced by the basic royalty payable by the interest holder under the lease for the month.

(2) Notwithstanding subsection (1), where the result of the cal- culation in that subsection is less th an zero, the Tier I royalty payable by an interest holder under a lease for a month shall be zero.

(3) This

section is considered to have come into force on December 31, 2001. 76.2

(1) The minister shall calculate and determine the amounts of royalty share for the periods from December 31, 2001 to December 31, 2010 which may be payable to or from the interest holder as a result of the coming into force of

section 76.1.

(2) The minister shall calculate the amounts referred to in sub- section (1) and notify the interest hold er of the minister's determination under that subsection no later than March 31, 2011.

(3) Where, as a result of a cal culation and determination by the minister under subsection (1) it is determined that an interest holder has underpaid or overpaid royalty share, the amount owing shall be repaid to or by the Crown within 30 days after the notice is issued under sub- section (2), or upon the written re quest of the interest holder, the amount of an overpayment may be credited to the account of the inter- est holder for royalty share payable. End of period deduction Calculation and determination by minister

Royalty Regulations, 2003 (Amendment) 32/11 Extraordinary Gazette February 28, 2011 9

(4) An interest holder may object to a calculation or determina- tion issued by the minister within 30 days of receiving the notice re- ferred to in subsection (2) by delivering a written notice to the minister objecting to part or all of the calculation or determination.

(5) A notice of objection shall clearly identify the matter ob- jected to, setting out the reasons for the objection, all of the relevant facts and the desired remedy.

(6) The minister shall review a notice of objection and (

a) may request that further particulars be provided to him or her; and (

b) shall give a reply, in writing, to the objecting person con- firming, amending or rescinding part or all of the matter ob- jected to in the same manner as for giving a notice of the calculation or determination.

(7) Notwithstanding another provision of these regulations (

a) a calculation and determination under subsection (1) shall not be considered to be an assessment or reassessment for the purpose of these regulations or the Act; and (

b) where a notice of objection is filed with the minister under subsection (4), the subject matter of that notice shall be sepa- rate from and shall not be included in or be in addition to a notice of objection under

section 35. 76.3

(1) Notwithstanding

section 62,

section 84 or another provision of these regulations, interest shall not be paid or be payable upon a calculation and determination under

section 76.2.

(2) Notwithstanding subsection (1), interest is payable on a calculation and determination under subsection 76.2(1) from the date of the expiry of the 30 day period referred to in subsection 76.2(3) and that interest shall be paid in accordance with these regulations. No interest to be paid or payable

Royalty Regulations, 2003 (Amendment) 32/11 Extraordinary Gazette February 28, 2011 10 76.4 The coming into force of sections 76 .1 to 76.3 shall not affect the powers of the minister or the rights of an interest holder under these regulations with respect to the calculation of royalty payable or any other matter prescribed by these regulations. ©Earl G. Tucker, Queen's Printer Effect of provisions

11 ST. JOHN'S, MONDAY, FEBRUARY 28, 2011 Index Title of Act and Subordinate Legislation CNLR or NL Gazette Extra made thereunder NL Reg. Amendment Date & Page No. Interprovincial Subpoena Act Court Designation Order NLR 30/11 New Feb 28/11 p. 3 Petroleum and Natural Gas Act Royalty Regulations, NLR 31/11 NLR 71/03 Feb 28/11 p. 5 2003 (Amdt) S.35 (2) Amdt Royalty Regulations, NLR 32/11 NLR 71/03 Feb 28/11 p. 7 2003 (Amdt) S.49 Amdt S.76.1 to 76.4 Added