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HIBERNIA DEVELOPMENT PROJECT ACTHibernia Development Project Offshore Application RegulationsRegulations Respecting the Application of Federal Laws and Laws of Newfoundland in the Newfoundland Offshore Area for the Purposes of the Hibernia Development Project ActP.C.1990-2419  199011

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Whereas the Governor in Council considers that certain modifications or additions to the laws of Newfoundland that apply in the offshore area pursuant to section 8 of the Hibernia Development Project Act* are necessary;*S.C. 1990, c. 41Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Energy, Mines and Resources, pursuant to sections 7 and 8 of the Hibernia Development Project Act*, is pleased hereby to make the annexed Regulations respecting the application of federal laws and laws of Newfoundland in the Newfoundland offshore area for the purposes of the Hibernia Development Project Act.Short Title

1These Regulations may be cited as the Hibernia Development Project Offshore Application Regulations.

Federal Laws

2The prescribed federal laws in relation to the subjects referred to in subsection 7(1) of the Hibernia Development Project Act are the Acts of Parliament or the provisions thereof set out in Schedule I, any regulations as defined in section 2 of the Interpretation Act that are issued, made or established under the authority of those Acts and any rules of law within the jurisdiction of Parliament in relation to those subjects.

Laws of Newfoundland

3(1)For the purpose of creating, continuing and enforcing, under the laws of Newfoundland that apply in the offshore area by virtue of subsection 8(1) of the Hibernia Development Project Act, a security interest in any personal property that is affixed to, rests on or is otherwise in contact with the seabed or subsoil of the submarine areas of the offshore area, those laws shall be read as if that personal property were not a fixture of that seabed or subsoil.(2)For the purposes of subsection 8(1) of the Hibernia Development Project Act, the Acts of Newfoundland set out in column I of an item of Schedule II shall be read as if they were modified or added to in the manner and to the extent set out in column II of that item.

Application of the Interpretation Act (Newfoundland)

4The Interpretation Act, R.S.N. 1970, c. 182, applies in respect of all laws of Newfoundland, including the Acts referred to in section 3 as modified or added to pursuant to that section, that, by virtue of subsection 8(1) of the Hibernia Development Project Act, apply in the offshore area.

SCHEDULE I(Section 2)ItemAct of Parliament or Provisions thereof1Parts I and V and Schedules VI, VII, VIII and IX of the Bank Act, R.S.C., 1985, c. B-12Bankruptcy and Insolvency Act, R.S.C., 1985, c. B-33Bills of Exchange Act, R.S.C., 1985, c. B-44Interest Act, R.S.C., 1985, c. I-15 1992, c. 27, s. 90SCHEDULE II(Section 3)Column IColumn IIItemAct of NewfoundlandModifications or Additions1The Assignment of Book Debts Act R.S.N. 1970, c. 15(1)Wherever the word “corporation” occurs in section 3, there shall in every case be substituted the expression “corporation or, for greater certainty, partnership of corporations”.(2)Subsection 5(3) is repealed.(3)Section 14 is repealed and the following substituted therefor:

“14 Subject to the rights of other persons accrued by reason of any omission or misstatement referred to in this section, a judge of the Supreme Court, on being satisfied that any omission or misstatement in any document filed under this Act was accidental or due to inadvertence or impossibility or other sufficient cause, may, in the judge’s discretion, order the omission or misstatement to be rectified on such terms and conditions, if any, as to security, notice by advertisement or otherwise, or as to any other matter or thing as the judge thinks fit to direct, and the order or a copy thereof shall be annexed to the assignment on file or tendered for registration and appropriate entries shall be made in the register.”

2The Bills of Sale ActR.S.N. 1970, c. 21(1)Wherever the word “corporation” occurs in paragraph 2(h), there shall in every case be substituted the expression “corporation or, for greater certainty, partnership of corporations”.(2)Subsection 7(1) is amended by striking out the words “within thirty days from the date of its execution”.(3)Section 7 is further amended by adding the following subsection:

“(5) Where a bill of sale that contains an error or omission of a clerical nature made during the preparation of the bill of sale is filed in the registry in accordance with this section, an amended bill of sale, verified by affidavit referring to the former bill of sale and specifying and correcting the error or omission, may be filed.”

(4)Subsection 20(1) is repealed and the following substituted therefor:

“20 (1) A judge of the Supreme Court, on being satisfied that an omission to register a renewal statement within the time prescribed by this Act or that an omission or misstatement in a document registered under this Act was accidental or due to inadvertence or impossibility or other sufficient cause, may, subject to the rights of other persons accrued by reason thereof, extend the time for registration or order the omission or misstatement to be rectified on any terms and conditions the judge directs.”

3The Conditional Sales ActR.S.N. 1970, c. 56(1)Subsection 4(3) is amended by striking out the words “within thirty days from the date of its execution”.(2)Section 4 is further amended by adding the following subsection:

“(5) Where a conditional sale that contains an error or omission of a clerical nature made during the preparation of the conditional sale has been filed in the registry in accordance with this section, an amended conditional sale, verified by affidavit referring to the former conditional sale and specifying and correcting the error or omission, may be filed.”

(3)Subsection 18(1) is repealed and the following substituted therefor:

“18(1) A judge of the Supreme Court, on being satisfied that an omission to file a notice required to be filed under section 14 or a renewal statement or amended statement within the time prescribed by this Act or that an omission or misstatement in a document filed under this Act was accidental or due to inadvertence or impossibility or other sufficient cause, may, subject to the rights of other persons accrued by reason thereof, extend the time for filing or order the omission or misstatement to be rectified on any terms and conditions the judge directs.”

4The Conveyancing ActR.S.N. 1970, c. 63(1)Subsection 6.1(2) is repealed and the following substituted therefor:“(2) A notice of sale of amortgaged property by public auction or public tender shall be placed in a newspaper in general circulation in Newfoundland at least once a week for two consecutive weeks before the date on which the sale is to take place.”(2)Subsection 6.2(2) is repealed.(3)Section 6.6 is repealed.(4)Section 6.7 is repealed.5The Registration of Deeds ActR.S.N. 1970, c. 328(1)Paragraph 6(1)(e) is repealed and the following substituted therefor:“(e) conveyances of personal chattels and the documents referred to in subsection 33(2); and”(2)Where the word “corporation” occurs in paragraph 33(2)(a), there shall be substituted the expression “corporation or, for greater certainty, partnership of corporations”.(3)Where the word “person” occurs in paragraph 33(2)(c), there shall be substituted the expression “person or partnership.”(4)Wherever in paragraph 33(2)(d) the word “corporation” occurs, there shall in every case be substituted the expression “corporation or, for greater certainty, partnership of corporations”.(5)Where the expression “the Crown in right of Newfoundland” occurs in subsection 39(4), there shall be substituted the expression “the Crown in right of Canada or the Crown in right of Newfoundland”.