Industry Zone
Notices


2010
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NOTICE OF HEARING
PROCEEDING NO. 1648308

RE: NOTICE OF INTENTION TO ISSUE A DECLARATION
NAMING MURRAY F. CRAIG UNDER SECTION 106 OF THE OIL AND GAS CONSERVATION ACT, AND

NOTICE OF INTENTION TO ISSUE A DECLARATION
NAMING MARC R. DAME UNDER SECTION 106 OF THE OIL AND GAS CONSERVATION ACT


The Energy Resources Conservation Board (ERCB/Board) will hold a public hearing of Proceeding No. 1648308 at the ERCB Head Office, 640 – 5 Avenue SW, Calgary, Alberta, commencing on September 28, 2010, at 9:00 a.m. All parties to this proceeding must be present at the commencement of the hearing to register their appearance.

Nature of the Proceeding
On April 19, 2010, the ERCB issued a Notice of Intention to Issue a Declaration naming Murray F. Craig, in accordance with Section 106 of the Oil and Gas Conservation Act (OGCA), as a person directly or indirectly in control of a company, Legacy Petroleum Ltd. (Legacy), that has contravened or failed to comply with ERCB orders. On Tuesday, April 27, 2010, the notice was served with attachments on Mr. Craig. On May 17, 2010, Mr. Craig filed a submission with the ERCB in response to the notice. In his submission, Mr. Craig disputes that he was a person in control of Legacy at the time of the contravention of the ERCB orders.

On April 19, 2010, the ERCB issued a Notice of Intention to Issue a Declaration naming Marc R. Dame, in accordance with Section 106 of the OGCA, as a person directly or indirectly in control of a company (Legacy, Matrix Resources Ltd.) that has contravened or failed to comply with ERCB orders. On Wednesday, April 21, 2010, the notice was served with attachments on Mr. Dame. On June 29, 2010, Mr. Dame filed a submission with the ERCB in response to the notice. In his submission, Mr. Dame disputes that he was a person in control of Legacy at the time of the contravention of the ERCB orders.
The Board has considered the submissions and has decided to hold a show cause hearing to determine the matters of the issuing of the declaration naming Mr. Dame and the declaration naming Mr. Craig pursuant to the provisions of Section 106 of the OGCA.

The Corporate Enforcement Section (CES) of the ERCB is a party to this proceeding.

To obtain a copy of the public record respecting this proceeding, contact

ERCB Information Services
Main floor, 640 – 5 Avenue SW
Calgary, Alberta  T2P 3G4
Telephone: 403-297-8311 (Option 2)
Viewing hours: 9:00 a.m. to 3:00 p.m.

Requirement to File a Submission
If you have an interest in this matter and wish to make submissions or submit evidence at the hearing of the proceeding, you must file submissions before the proceeding commences. If you have already made submissions you may make further submissions according to the timeline set out below under How to File a Submission. Submissions must include photocopies of all documentary evidence that you intend to present and/or rely on at the hearing and a summary of all evidence you intend to present.

How to File a Submission
Any party intending to make submissions with respect to the hearing of the proceeding must file by 4:00 p.m. on or before the filing dates below.

August 31, 2010 Final date for submissions from CES and other interested parties.

September 21, 2010 Final date for response submissions by Mr. Craig and Mr. Dame.

Send ten copies of your submission to

Dean Campbell, Application Coordinator
Energy Resources Conservation Board
640 – 5 Avenue SW
Calgary, Alberta  T2P 3G4

Applications for Confidentiality
In accordance with Section 13 of the Energy Resources Conservation Board Rules of Practice (Rules of Practice), all documents filed in respect of this proceeding must be placed on the public record. However, any party may apply for confidentiality of information under Section 13(2). Any application under Section 13(2) that is to be considered during a public hearing of the proceeding must be copied to the other parties to the proceeding. The Board may grant a request for confidentiality on any terms it considers appropriate, subject to the Freedom of Information and Protection of Privacy Act.

Questions of Constitutional Law
Under Section 25 of the Rules of Practice, a person who intends to raise a question of constitutional law before the Board must give notice in accordance with Section 12 of the Administrative Procedures and Jurisdiction Act and its regulation.

For information about ERCB procedures, contact

Energy Resources Conservation Board
Attention: Dean Campbell
Telephone: 403-297-8474
Fax: 403-297-4117
E-mail: dean.campbell@ercb.ca

Issued at Calgary, Alberta, on July 30, 2010.
ENERGY RESOURCES CONSERVATION BOARD



Patricia M. Johnston, Q.C., General Counsel

Page Last Updated: July 30, 2010