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Contract Assignment

Companies wanting to assign their rights or interests in a surface or subsurface contract (the "assigned contract") must make application to Indian Oil and Gas Canada (IOGC) pursuant to Section 25 of the Indian Oil and Gas Regulations, 2019 (the "Regulations").

The assignee is not recognized as a party to the assigned contract until the assignment is approved and executed by the Minister.

Process to Assign a Contract

Pre-Application

The assignee must meet with the First Nation's council, unless the council waives the meeting, pursuant to Section 25(2) of the Regulations. The meeting must be face to face, unless the parties agree to another mode of meeting.

The applicant must send the First Nation's council a copy of the application on or before the day on which the application is submitted to IOGC.

Application

The applicant submits to IOGC: an Assignment Transmittal, an Application for Contract Assignment and Approval form and the non-refundable application fee ($50 per assigned contract), payable to the Receiver General for Canada.

If the assignee has not previously held an IOGC surface or subsurface contract, or if their Address for Service has changed, an Address For Service form will also be required.

Assignment of surface contracts require evidence of the provincial regulatory approval of the transfer to the assignee of associated well, facility and/or pipeline licences.

Online forms are currently unavailable; contact the Lease Administration Unit to obtain the required forms.

Rejection

Incomplete applications will be rejected.

Refusal

An assignment will not be approved if:

  • it is conditional
  • it would result in more than 5 persons having a right or interest in the contract
  • it assigns an undivided right or interest in the contract that is less than 1%
  • it divides the oil and gas rights or interests conferred by the contract
  • the assignee is not eligible under Section 6 of the Regulations
  • the assignment was not signed by the assignor and assignee
  • the assignee failed to establish that they have the financial ability to fulfill the assignor's obligations with respect to remediation and reclamation

Approval

If the Minister approves and executes the assignment, IOGC will provide to the First Nation, assignor and assignee a copy of the executed assignment and register it in the Indian Lands Registry System (ILRS).

Address Notification/Change

Companies must provide and maintain their address for service pursuant to Section 2(2) of the Indian Oil and Gas Regulations, 2019 using the Address For Service form.

This information is not registered in the Indian Lands Registry System (ILRS).

Please see Address Notification/Change Form 52-010 on our Forms page.

Corporate Name Change or Amalgamation

Companies must notify Indian Oil and Gas Canada (IOGC) upon changing their corporate name or amalgamating with another company.

Process

The contract holder submits the certificate issued by the relevant authority to the Lease Administration Unit. In turn, IOGC updates its records and registers the certificate in the Indian Lands Registry System (ILRS).

Record Search

Overview

A person may apply to IOGC for a record search of non-confidential, contractual documentation pursuant to Section 2(5) of the Indian Oil and Gas Regulations, 2019.

A search request can be made for a variety of reasons, some of which include: to confirm the status of a contract a company intends to acquire; to confirm that a security notice has been filed or discharged; to confirm that an administrative transaction has been completed; or as audit documentation for company records.

IOGC provides this service for any active surface and subsurface contracts under its administration on First Nations lands.

Indian Lands Registry System

Alternatively, contract information can also be obtained from the Indian Lands Registry System (ILRS) by creating a free user account and conducting a search. ILRS is one of three ISC lands registries that record property interests in First Nations lands.

  • A land registry is a set of records that anyone can search to find out what ownership, leases, permits and other interests may apply to a parcel of land.

The registries are maintained in Ottawa and are web-based. They are accessible to First Nations, ISC staff and the general public.

  • ILRS consists of documents related to interests in reserve lands that are administered under the Indian Act, including contracts issued under the Indian Oil and Gas Act.
  • The First Nations Land Registry System (FNLRS) is used for the land records of First Nations who operate under their own Land Code pursuant to the First Nations Land Management Act (FNLMA).
  • The Self-Governing First Nations Land Register (SGFNLR) is established in accordance with the terms of First Nations self-government agreements and record documents that grant an interest in self-governed First Nation lands.

These registries do not record title to land, as title remains in the name of His Majesty the King in Right of Canada, but rather record transactions in land.

Cautionary Note

All record searches are provided on the condition and understanding that His Majesty the King in Right of Canada is not responsible for any loss or damage arising from any errors or omissions in the search. Any person making use of or relying in any way on the search releases His Majesty the King in Right of Canada from any liability for such loss or damage.

What information is provided

The results of a record search are provided in a report that summarizes the following data for each requested contract:

General

  • Contract number
  • Previous related contract, if applicable
  • Effective date
  • Expiry / review date
  • Term
  • Annual Rental

Contract Holder

  • Contract holder name(s)
  • Contract holder interest(s)

Land Description

  • Hectares
  • Land Effective Date
  • Rights granted
  • Legal land description
  • Formations and Exceptions; subsurface contracts only
  • Total number of tracts; subsurface contracts only
  • Canada Lands Survey Records (CLSR) plan number; surface contracts only

Pending Administrative Activities

  • Type
  • Administrative Activity Effective Date
  • Comments (description)

Securities

  • Description
  • Debtor / Creditor
  • Effective Date
  • ILRS Instrument Registration Number
Cautionary Note

The legal land description contained in the search report has been converted from the original contract to a computerized format. Although it may appear more detailed, it may not be as accurate as the contract description. This is often the case where lakes or rivers form natural reserve boundaries.

Should you require this information for matters such as calculating acreage or pooling interests, contact the Research Unit for assistance in determining the most accurate information.

What is not provided

Information pertaining to Notices of Non-Compliance or Royalty Amendments is not provided for reasons of confidentiality.

Request a Record Search

Submit a completed Record Search Request form with the non-refundable record search fee ($25 per active contract) to IOGC's Lease Administration Unit.

Record search fees are payable to the Receiver General for Canada

  • If you are uncertain as to a contract's status, please contact the Lease Administration Unit prior to making application.

Please see Record Search Form 52-020 on our Forms page.

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