NOTICE OF HEARING
PROCEEDING NO. 1460731
NOTICE OF INTENTION TO ISSUE A DECLARATION NAMING DAVID N. MATHESON AND RONALD P. BOURGEOIS UNDER SECTION 106 OF THE OIL AND GAS CONSERVATION ACT
ALBERTA ENERGY AND UTILITIES BOARD
Take Notice that the Alberta Energy and Utilities Board (EUB/Board) will hold a public hearing regarding Proceeding No 1460731 at the Sandman Hotel, 888-7 Avenue, Calgary, Alberta, commencing on Thursday, October 12, 2006, at the hour of 9:00 a.m. All interveners to this proceeding must be present at the commencement of the hearing to register their appearance.
Nature of the Proceeding
On March 17, 2006, the EUB issued a Joint Notice of Intention to Issue a Declaration Naming David N. Matheson and Ronald P. Bourgeois in accordance with Section 106 of the Oil and Gas Conservation Act. The Notice with Attachments was served on David N. Matheson. However, as personal service was attempted but was not affected on Ronald P. Bourgeois, the EUB issued a separate Notice of Intention to Issue a Declaration Naming Mr. Ronald P. Bourgeois on April 28, 2006, which was served on Ronald P. Bourgeois by leaving a copy of the Notice and Attachments with an adult person at the address stated in the Notice and by publishing the Notice in the Calgary Herald and Daily Oil Bulletin. David N. Matheson and Ronald P. Bourgeois filed a joint submission with the EUB on June 15, 2006, in reply to the Notices. In their submission, David N. Matheson and Ronald P. Bourgeois disputed that they were persons in control of M.L. Cass Petroleum Corporation at the time the contraventions of EUB Orders occurred and the outstanding debts of M.L. Cass Petroleum Corporation to the EUB and to the EUB to the account of the Orphan Fund were incurred. The EUB decided to hold a show cause hearing regarding whether Mr. Matheson and Mr. Bourgeois were persons in control of M.L. Cass Petroleum Corporation.
The Corporate Compliance Group of the EUB is a party to this proceeding.
Additional Information
To obtain additional information regarding the contraventions and outstanding debts of M.L. Cass Petroleum Corporation and Attachment A to the Notices of Intention to Issue a Declaration Naming David N. Matheson and Ronald P. Bourgeois, contact
EUB Corporate Compliance Group
Attention: Valerie Vogt
Telephone: (403) 297-8448
Fax: (403) 297-7168
For information about EUB procedures, contact
Applications Branch, Facilities Applications Group
Attention: Gavin McClenaghan
Telephone: (403) 297-6847
Fax: (403) 297-4117
E-mail: Gavin.McClenaghan@gov.ab.ca
Schedule for Filing Submissions
David N. Matheson, Ronald P. Bourgeois, or any other person intending to make a submission with respect to the hearing of Proceeding No. 1460731 must file their evidence and submissions on or before 4:00 p.m., Monday, September 22, 2006. The EUB’s Corporate Compliance Group must file its evidence and response submissions on or before 4:00 p.m., Wednesday, October 4, 2006. Any reply evidence or submissions by David N. Matheson and Ronald P. Bourgeois or any other person making a submission must be filed by October 9 2006.
A party must serve a copy of its filings on the other party or parties to the proceeding and ten copies to
Gavin McClenaghan, Applications Coordinator
Applications Branch, Facilities Applications Group
Alberta Energy and Utilities Board
640 - 5 Avenue SW, Calgary, Alberta T2P 3G4
In accordance with Section 12 of the Alberta Energy and Utilities Board Rules of Practice, all documents filed in respect of this proceeding must be placed on the public record unless otherwise ordered by the Board.
In accordance with Section 23.1 of the Alberta Energy and Utilities Board 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.
In accordance with Section 38 of the Alberta Energy and Utilities Board Rules of Practice, witnesses must give evidence under oath or affirmation.
Issued at Calgary, Alberta, on September 5, 2006.
ALBERTA ENERGY AND UTILITIES BOARD
Douglas A. Larder, Q.C., General Counsel
