Archived - Information Letter - Email for Service and Receipt of Notice
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May 2020
A. Introduction
The purpose of this Information Letter is to describe Indian Oil and Gas Canada's (IOGC) Policy relating to use of email for the service/receipt of a notice.
B. Background
On March 15, 2020, IOGC activated its Business Continuity Plan and requested all non-essential personnel to work from home due to the COVID-19 pandemic. As a result of working from home, some IOGC personnel are unable to access the office and office equipment.
IOGC personnel responsible for the issuance and receipt of notices may not have the capability to send those notices via facsimile due to lack of equipment in their respective workplaces. Although, facsimile is the preferred mode of electronic form and must be used if IOGC personnel have access to facsimile. IOGC understands that facsimile, for many of its personnel, is not readily accessible and is asking our industry partners to work with our organization, via email.
C. Policy
IOGC requires consent, by an authorized representative of the contract holder to accept notices under the Indian Oil and Gas Regulations (IOGR) via email and provision of an email address. Likewise IOGC requires consent, by a designated representative of the respective First Nation to accept notices under the IOGR via email and provision of an email address.
IOGC personnel will be requesting authorization from contract holders to send notices via email. When Indian Oil and Gas Canada receives authorization, this will change your 'address of service', as provided in s. 2(2) of the Indian Oil and Gas Regulations.
A list of notices is included in Appendix A below.
To establish email for service, or if you have any questions or concerns, please contact:
Indian Oil and Gas Canada
100 – 9911 Chiila Blvd.
Tsuu T'ina AB T3T 0E1
Phone: 403-292-5625
Fax: 403-292-5618
Email: aadnc.contactiogc.aandc@canada.ca
Appendix A – List of Notices in Indian Oil and Gas Regulations
| Section # | Section Description | Indian Oil and Gas Regulations Excerpts |
|---|---|---|
| 15 (2) | Notice of Council meeting request | The Minister must send the holder notice of a meeting request. |
| 25 (7) | Notice of Approval of Assignment | If the Minister approves the assignment and signs it, he or she must send a copy to the assignor and assignee and notice of approval to the Council. |
| 42 (1) | Send Council notice of bid | After the tender closes, the Minister must without delay open the bids, exclude any bids that do not meet the requirements of section 41, identify the bid with the highest bonus and send the council notice of that bid. |
| 42 (6) | Send notice of acceptance | If a notice rejecting the bid is not received, the Minister must accept it and send the winning bidder a notice of acceptance. The contract takes effect on the day on which the tender closes. |
| 45 (4) | Send notice of refusal of application | If the application is not approved, the Minister must send the applicant and the council a notice of refusal that sets out the reasons for the refusal. |
| 54 (6) | Send notice of approval or notice of rejection | If the selection is approved and the oil and gas rights or interests are granted, the Minister must send the holder and the council a notice of the approval and a description of the lands, including the zones, selected for the intermediate term of the permit. If the selection is not approved, the Minister must send the holder a notice of refusal that sets out the reasons for the refusal |
| 62 (2) | Notice of deadline extension | If an application is submitted in accordance with subsection (1), the Minister must extend the deadline for applying for approval of a selection of lands or for continuation to the 30th day after the day on which the spudded or re-entered well is rig-released. The Minister must send the council a notice of the extension. |
| 65 (2) | Offer to continue | If the Minister determines that lands described in the application are in a spacing unit referred to in paragraph 63(1)(f) or (g), he or she must send the holder an offer to continue the contract with respect to those lands. |
| 65 (4) | Notice of determination | The Minister must send the holder and the council a notice of his or her determination and — if the contract is continued — a description of the lands, including the zones, with respect to which it is continued as well as the basis for continuation. |
| 67 (2) | Notice of eligibility | If the contract is eligible for continuation, the Minister must send the holder a notice that includes the following information:… |
| 67 (5) | Notice of continuation | If the holder pays the required rent and fee, the Minister must continue the contract with respect to the lands described in the application and send the holder and the council a notice of the continuation that describes the lands, including the zones, with respect to which it is continued as well as the basis for continuation. |
| 69 (1) | Notice of non-productivity | If a contract that is continued in respect of lands on the basis of paragraph 63(1)(a), (b), (d) or (e) ceases to be eligible for continuation on that basis, the Minister must send the holder a notice of non-productivity that describes those lands and indicates the basis on which the contract has ceased to be eligible. |
| 70 (1) | Notice of inadequate productivity | In the case of a contract continued under paragraph 63(1)(c), if the annual minimum level of production of bitumen from the lands that are subject to the bitumen recovery project is not achieved in any three years, whether or not the years are consecutive, the Minister must send the holder a notice of inadequate productivity with respect to those lands. |
| 81 (2) | Payment in Kind Notice | After giving the contract holder notice, and having regard to any obligations that the holder may have in respect of the sale of oil or gas, the Minister may, with the prior approval of the council, direct the holder to pay all or part of the royalty in kind for a specified period or until the Minster directs otherwise. |
| 84 (1) | Notice requiring provision of documents | For the purpose of verifying the royalty payable under a contract, the Minister may send a notice requiring any person that has sold, purchased or swapped oil or gas recovered from First Nation lands to provide any of the following documents. |
| 89 (2) | Notice of decision | The Minister must send the council notice of his or her decision and, if preliminary approval is refused, the reasons for the refusal. |
| 94 (1) | Offset notice | If the Minister becomes aware of the existence of a triggering well, the Minister must send an offset notice to every subsurface contract holder that is obliged to pay a compensatory royalty under section 93. |
| 94 (2) | Notice of existence of triggering well | If any lands in a First Nation spacing unit that adjoins a spacing unit in which a triggering well is located are not subject to a subsurface contract, the Minister must (a) send the council a notice of the existence of the triggering well. |
| 94 (3) | Pre-offset notice | If, on the day on which an offset notice is required to be sent, any information about a triggering well is confidential under the laws of the relevant province, the Minister (a) must send, to every contract holder to which the offset notice will be sent, a notice of the existence of the triggering well and the information set out in paragraphs 95(1)(a) and (c) in respect of that well... |
| 95 (2) | Council's Copy of offset notice and Notice of obligation to pay compensatory royalties | The Minister must send the council a copy of the offset notice and, when the offset period ends, a notice indicating that the holder's obligation to pay a compensatory royalty has begun. |
| 96 (2) | Notice of determination | After determining whether a circumstance set out in subsection (1) has been established, the Minister must send the holder a notice of his or her determination. |
| 96 (4) | Council's notice that obligation to pay compensatory royalty is relieved | If the holder has established a circumstance set out in subsection (1) or has surrendered their rights or interests under subsection (3), the Minister must send the council a notice indicating that the holder's obligation to pay a compensatory royalty is relieved and the reasons that it is relieved. |
| 100 (2) | Notice of determination that obligation ends | After determining whether a circumstance set out in subsection 96(1) has been established, the Minister must send the holder a notice informing them of his or her determination and, if the obligation ends, the day on which it ends. |
| 100 (4) | Council's copy: Notice of determination that obligation ends | If the obligation to pay a compensatory royalty ends, the Minister must send the council a notice indicating that it has ended and the reasons that it has ended. |
| 102 (3) | Council's notice of obligation to pay compensatory royalty has begun | The Minister must send the council a notice indicating that the holder's obligation to pay a compensatory royalty has begun. |
| 103 (4) | Notice to Minister | The Contract holder must send Minister notice of any changes in provincial authority's approval referred to in subsection (2). |
| 106 (2) | Notice of percentage of production allocated to each contract | The Minister must send each holder and the council a notice indicating the percentage of the production that is allocated to each contract. |
| 107 (2) | Notice of percentage of production allocated to each contract | The Minister must send each holder and the council a notice indicating the percentage of the production that is allocated to the First Nation lands and to each contract. |
| 109 (1) | Notice of surrender | A subsurface contract holder may surrender their rights or interests under the contract, in whole or in part, by sending the Minister a notice of surrender in the prescribed form. |
| 110 (5) | Notice to Council | If the surrender of rights or interests under a surface contract is approved, the Minister must send the Council a notice to that effect and, in the case of a partial surrender, a copy of the amended contract. |
| 111 (1) | Notice of noncompliance | If a holder fails to comply with their contract, the Act or these Regulations, the Minister may send them a notice that identifies the non-compliance and warns that the contract will be cancelled if the holder is in default. |
| 111 (3) | Notice of plan deficiencies | If the plan does not meet the requirements of subsection (2), the Minister must send the holder a notice to that effect that identifies its deficiencies. |
| 111 (8) | Notice of cancellation of contract | When a contract is cancelled, the Minister must send the holder a notice indicating that their contract is cancelled, the reason for the cancellation and its effective date. |
| 111 (9) | Council's copy of notice | The Minister must send the council a copy of every notice sent under this section. |
| 2 (1) | Notice of royalties payable | For the purposes of this Schedule, if the Minister determines that the actual selling price of oil or gas is less than the fair value of that oil or gas at the time and place of production, the actual selling price is deemed to be that fair value. In that case, the Minister must send the contract holder notice of the royalties payable and, within 30 days after the day on which the notice is received, the holder must pay the royalties payable in accordance with that notice. |
| 3 (4) | Notice to Council | The Minister must send the council notice of the date on which the production referred to in subsection (2) begins. |
| 4 (5) | Notice to Council of deducted costs | The Minister must send the council notice of any costs that are deducted under subsection (1) for gathering, dehydrating, compressing and processing. |