NOTICE OF INTENTION TO ISSUE A DECLARATION
NAMING MARC R. DAME
PURSUANT TO SECTION 106 OF THE
OIL AND GAS CONSERVATION ACT, RSA 2000, c. O-6

TAKE NOTICE that the Energy Resources Conservation Board (ERCB/Board) intends to issue a Declaration under s. 106(1) of the Oil and Gas Conservation Act ( OGC Act ) naming Marc R. Dame as a person directly or indirectly in control of a company (Legacy Petroleum Ltd.) that has contravened or failed to comply with the following ERCB Orders:

AND FURTHER TAKE NOTICE that the Board intends to issue a Declaration under s. 106(1) of the OGC Act naming Marc R. Dame as a person directly or indirectly in control of a company (Matrix Resources Ltd.) that has contravened or failed to comply with the following ERCB Orders:

AND FURTHER TAKE NOTICE that in support of the proposed issuance of a Declaration under s. 106 is the information contained in Attachment A to this Notice, which includes prima facie evidence of the contraventions detailed above as well as prima facie evidence that Marc R. Dame was a person who directly or indirectly controlled Legacy Petroleum Ltd. and Matrix Resources Ltd. at all material times.

AND FURTHER TAKE NOTICE that Marc R. Dame shall have until May 19, 2010, or such further date as the Board may prescribe, to file a written submission to the ERCB to show cause why a Declaration should not be issued, detailing the reason(s) why such a Declaration should not be issued, and including all supporting evidence.

To file a submission, send one original and ten copies to:

Office of the General Counsel
Attention: Barbara Kapel Holden, Board Counsel
Energy Resources Conservation Board
640 – 5 Avenue SW
Calgary, Alberta T2P 3G4

If no written submission is received from or on behalf of Marc R. Dame by the date specified above, and upon proof to the Board of personal service of this Notice of Intention to Issue a Declaration upon Marc R. Dame, the Board may proceed to issue a Declaration without further notice to Marc R. Dame relying upon the prima facie evidence noted above, and any and all written and oral submissions to the Board as submitted by Board staff.

If a written submission is received by the Board from or on behalf of Marc R. Dame, the Board will consider the written submission filed in this proceeding and determine whether a public hearing is warranted.

If, upon such consideration, it is deemed necessary and in the public interest, the Board may set a date for a show cause hearing and will issue a Notice of Hearing to Marc R. Dame, so that the matter of issuance of any Declaration(s) naming Marc R. Dame pursuant to the provisions of s. 106 OGC Act can be properly determined at that hearing.

AND TAKE FURTHER NOTICE that if any Declaration is issued, the Board may thereafter impose such restrictions and sanctions as set out in s. 106(3) of the OGC Act against Marc R. Dame and any companies directly or indirectly controlled by Marc R. Dame as may be appropriate, including:

a) suspending of any operations of a licensee or approval holder under the OGC Act or a licensee under the Pipeline Act,

b) refusing to consider applications for identification code, licence or approval from an applicant under the OGC Act or the Pipeline Act,

c) refusing to consider applications to transfer a licence or approval under the OGC Act or a licence under the Pipeline Act,

d) requiring payment of abandonment and reclamation deposits in an amount determined by the Board prior to granting any licence, approval or transfer to an applicant, transferor, or transferee under the OGC Act, or

e) requiring payment of abandonment and reclamation deposits in an amount determined by the Board for any wells or facilities of any licensee or approval holder.

Issued at Calgary, Alberta, on April 19, 2010.

ENERGY RESOURCES CONSERVATION BOARD
Patricia M. Johnston, Q.C., General Counsel