ENERGY
Under Inuvialuit Final Agreement (IFA), Inuvialuit entitled to 10% royalty of production of certain petroleum-bearing lands—Royalty collected, remitted by Canada under Canada Petroleum Resources Act, R.S.C., 1985 (2nd Supp.), c. 36—Canada assessing plaintiff petroleum producers for full 10% royalty notwithstanding fact plaintiffs possessing production licence under Act yielding only fraction of royalty to which Inuvialuit entitled—Act, s. 55, Frontier Lands Petroleum Royalty Regulations, SOR/92-26, ss. 3, 4 considered—Petroleum producers only required to pay such royalties as are prescribed in Regulations— No specific mention in Regulations of special royalty rate set out in IFA—Calculation under Regulations assessing only 10% of that required to be remitted to Inuvialuit by Canada—-Canada’s royalty assessment not made according to law—Assessment vacated.
Altagas Marketing Inc. v. Canada (T-85-03, 2007 FC 1234, Campbell J., judgment dated 23/11/07, 18 pp.)