THE NEGOTIATOR Th e M a g a z i n e o f t h e C a n a d i a n A s s o c i at i o n o f Pe t ro l e u m L a n d m e n N ove m b e r 2 0 1 4 Competition for Underground Disposal Space High Demand for Water Disposal Formations 2014 CAPL Conference A Great Success Changes in Reporting of Payments by Extractive Industries A New Level of Transparency Your energy partner Building on over 20 years of recognized oil and gas leadership and valued relationships with CAPL, McMillan continues to be your trusted and experienced energy counsel. For information on the services McMillan’s Energy Group can provide, please visit our website or contact Michael Thackray, QC. Michael A. Thackray, QC e: [email protected] t: 403.531.4710 THE NEGOTIATOR Th e M a g a z i n e o f t h e C a n a d i a n A s s o c i at i o n o f Pe t ro l e u m L a n d m e n Senior Editorial Board Director of Communications Brad Reynolds [ph] Advertising Editors Kevin Young [ph] Trevor Rose [ph] Coordinating Editor Krissy Rennie [ph] Feature Content Editor Mark Innes [ph] Regular Content Editor Anne Macedo [ph] Social Content Editor Jason Peacock [ph] Editorial Committee Dave Lewis Amy Kalmbach Nathan Roberts Dinora Santos [ph] [ph] [ph] [ph] THE NEGOTIATOR 403-215-9159 403-724-4450 403-233-3136 403-663-2595 403-818-7561 403-699-6451 403-691-7077 403-968-2673 403-619-2868 403-268-3006 403-470-1558 Design and Production Rachel Hershfield, Folio Creations Features November 2014 2 2 014 CAPL Conference Donna Bowles 7 O il and Gas, Mines and Minerals Printing McAra Printing Submissions For information regarding submission of articles, please contact a member of our Senior Editorial Board. Disclaimer All articles printed under an author’s name represent the views of the author; publication neither implies approval of the opinions expressed, nor accuracy of the facts stated. Advertising For information, please contact Kevin Young (403-724-4450) or Trevor Rose (403-233-3136). No endorsement or sponsorship by the Canadian Association of Petroleum Landmen is suggested or implied. The contents of this publication may not be reproduced either in part or in full without the consent of the publisher. Brian P. Reid & Tari M. Hiebert 10 M andatory Reporting Standards for Payments by Extractive Industry Companies Paul Lalonde, Anthony Cole & Erik Arnold 14 C ompetition for Underground Disposal Space 2014–2015 CAPL Board of Directors President Michelle Radomski Vice-President Nikki Sitch, P.Land, PSL Director, Business Development Alberta & British Columbia Andrew Weldon Director, Business Development Saskatchewan & Alberta Oilsands Michelle Creguer Director, Communications Brad Reynolds, P.Land Director, Education Connie De Ciancio Director, Field Acquisition & Management Paul Mandry, PSL Director, Finance Larry Buzan, P.Land Director, Member Services Kent Gibson Director, Professionalism Joanna Shea Director, Public Relations Gary Richardson, PSL Director, Technology Mandy Cookson Secretary/Director, Social Andrew Webb Past President John Covey Readers may obtain any Director’s contact information from the CAPL office. Suite 350, 500 – 5 Avenue S.W. Calgary, Alberta T2P 3L5 [ph] 403-237-6635 [fax] 403-263-1620 www.landman.ca Kaitlin Polowski Denise Grieve Irene Krickhan Karin Steers [email protected] [email protected] [email protected] [email protected] Nigel Bankes In Every Issue 17 Board Briefs 20 Get Smart 24 The Negotiator’s Message From the Board: Social Committee 25 Roster Updates 31 The Social Calendar 32 CAPL Calendar of Events 32 November Meeting 32 December Meeting Also in this issue 18 23 26 27 28 30 Ninth Annual Salmon Fishing Adventure 2014 5k & 10k Fun Run and Road Race In Memoriam 37th Annual CAPL Trap Shoot November Meeting Speaker Student’s Corner THE NEGOTIATO R / NOVEMBER 201 4 2014 CAPL Conference 2 The 36th annual CAPL Conference held in Jasper on September 21-24, 2014 left its delegates with ample food for thought. The conference began to companies when dealing with their complexity with Kyle Cease, who took us through the four stages Markets, Chrysten Perry, Norton Rose Fulbright, of evolutionary growth and gave us the tools to defy and Thomas Schenk, Grafton Asset Management. our way of thinking. This new way of thinking helped Ken Taylor then took the podium and regaled his us with a panel of experts as they navigated through insights on negotiated, diplomatic solutions. He Written by the connections of a joint venture. Joint ventures alluded to the fact that this may be Canada’s only Donna Bowles, P.Land have many benefits but they can provide challenges solution to protect its Northern borders. 2014 Conference Chair and longevity. Greg Andrusiak did a tremendous job moderating the panel consisting of Kris Bylbow, Blake, Cassels & Graydon LLP, Greg Heath, RBC Capital On the final day, Stephen Carter parted with his method to Mayor Nenshi’s campaign and the successful strategy used to target the popular vote. Nenshi’s campaign was successful using the social network on the soccer field – he reached out to the grade eight students who got the word to their moms and history was made! He expanded this strategy to the energy industry and challenged industry to do a better job of stewarding its reputation with the public. Our perspective with capturing market opportunities in the global markets and receiving equivalent prices for Canada’s energy products was confronted by Jihad Trayar’s insightful thoughts on LNG’s and global consumption. Jihad, IHS, provided guidance on energy trading analysis, trade controls, risk management and fundamentals of business development. The conference wound up with philosopher Alex Epstein and “The Moral Case For Fossil Fuels”. His book will be released November 13, 2014 but everyone can read chapter one at ilovefossilfuels.com. Humanity worldwide has benefited from the use of fossil fuels and Epstein shared his position on why we should celebrate – not demonize the industries that create them. THE NE GOTIATOR / NOVEMBER 2014 3 Ken Taylor Kyle Cease This year’s conference theme, “Making Connections” was On behalf of my committee chairs Jim Mak, Jim Moore, Mary accomplished by bringing the diverse aspects of our industry Lou Ediger, Joseph Iaquinta, Peter Manchak, and Monica Nunn, together to understand its current issues and provide solutions for I would like to extend my deepest gratitude to the volunteers who future successes. As a collective, we have the tools to compete in had put in an enormous amount of time and effort as well as the the global markets as well as reshape negative perceptions about contributors and exhibitors for their continued commitment to the energy industry. To keep our connection with community, in lieu of speaker’s fees, the 2014 CAPL Conference has donated the the CAPL Conferences. m THE NEGOTIATO R / NOVEMBER 201 4 speaker honorariums to the Jasper food bank. L to R: Peter Manchuk Monica Nunn Jim Mak Donna Bowles Joseph Iaquinta Jim Moore Mary Lou Ediger 4 Where The Wild Things Are Theme Night Gowlings Team - L to R: Natalie Esposito, Shirley Gushue, Rick Gushue, Geoff MacLeod, Pat Burgess Cheryl and Shawn Irwin L to R: Roberta White, Janice Remond & Samantha Byrne ARC Resources - L to R: Shyanne Way, Corrie McWhinnie, Craig Thomas w w w. p r o g r ess l a n d . c o m 12831 – 163 Street, Edmonton, Alberta T5V 1M5 5 THE NE GOTIATOR / NOVEMBER 2014 1.866.454.4717 Ali Groppmair & Craig L to R: Jodi Story, Christine White & Kristine Luft The wild IHS group THE NEGOTIATO R / NOVEMBER 201 4 Maureen Murphy and Jarvis Nichol Elexco_Negotiator qrtrhoriz4CfinPage with the Canada West Land Group • Mineral and Surface Leasing • Right-of-Way Acquisitions • Mineral Ownership/Title Curative • Seismic Permitting • Mapping/GIS Services • Abstracts of Title 6 1 6/24/11 7:47:54 PM Altus Girls: Morgan and Jody Seguin A FULL SERVICE LAND COMPANY SERVING NORTH AMERICA Elexco Ltd. Canada: 1.800.603.5263 www.elexco.com Elexco Land Services, Inc. New York: 1.866.999.5865 Michigan: 1.800.889.3574 Pennsylvania: 724.745.5600 Oil and Gas, Mines and Minerals Security under the Alberta Builders’ Lien Act against surface title at the Land Titles Office unpaid contractors, labourers and suppliers who registration of a lien against mineral titles at While builders’ liens are commonly registered (ALTO), the Alberta Land Titles Act prohibits the have “improved” lands. This includes those provid- the ALTO when the Crown is the owner of that Brian P. Reid ing materials or services in connection with the mineral. Furthermore, the BLA provides that a & Tari M. Hiebert recovery of a mineral on an oil and gas well site. lien on a mineral lease is to be registered with the 7 THE NE GOTIATOR / NOVEMBER 2014 Written by When registered in accordance with the Alberta Builders’ Lien Act (BLA), a builders’ lien provides security for Minister of Energy. Accordingly, with the Crown owning approxi- section attaches to all “estates and interests” in the “mineral”, mately 81 percent of all mineral rights in Alberta, most mineral other than the estate in fee simple in the “mines and minerals”. liens will be registered with the Minister of Energy. Unfortunately, This applies even if a person who holds a particular estate or for those providing services or materials on oil and gas well sites, interest in the mineral has not requested the work or materials. a lien registered with the Minister of Energy may not provide the However, if the person holding the estate in fee simple in the same level of security as a lien registered with the ALTO. mines and minerals expressly requested the work or materials, the lien also attaches to the estate in fee simple in the mines Mineral Liens under the BLA – Key Provisions General and minerals. Section 6(3) of the BLA confirms that a lien attaches to an As a creature of statute, a builders’ lien must strictly comply with estate or interest in mines and minerals when they are in situ the BLA and there are specific provisions in the BLA that deal (i.e., while still “in the ground”), as well as attaching to the miner- with liens on oil and gas wells and well sites. In particular, section als once they have been severed from the land. 6(2) of the BLA allows a lien to be registered for the value of the work actually done and materials actually furnished if a party has Registration Deadlines worked or furnished materials: Generally speaking, a party has 45 days to register a lien on a “conventional” construction site and 90 days to register a lien • in preparation for the recovery of a mineral; against a mineral interest on an oil and gas well or well site. • in connection with the recovery of a mineral; or This clock starts to run either from the date that the last mate- • for an abandonment operation in connection with the recovery rials or services are provided or from the date the contract was abandoned. of a mineral. It is important to note that the terms “oil and gas well” or “oil As mineral rights are often shared between different owners, and gas well site” are not defined in the BLA. Accordingly, it may identifying the various interests and estates can be a compli- be prudent to apply a 45-day deadline when dealing with opera- cated task. However, the BLA allows lien-holders to avoid some of tions that may not be considered “traditional” oil and gas wells these issues. In particular, section 6(2) confirms that a lien in this (e.g., SAGD wells). THE NEGOTIATO R / NOVEMBER 201 4 Since 1981 the HURLAND team has been providing comprehensive services in all aspects of Surface Land Acquisition, Administration, SHERWOOD PARK 1.888.321.2222 [email protected] www.hurland.com 8 LAND ACQUISITIONS FIRST NATIONS CONSULTATION PROJECT MANAGEMENT AER CROWN APPLICATIONS ANNUAL COMPENSATION REVIEWS DAMAGE SETTLEMENTS PUBLIC CONSULTATIONS & NOTIFICATIONS To avoid the expiry of a registered lien, a lien-holder must the Court’s supervision. The net proceeds of any receivership, or of also register a certificate of lis pendens at the ALTO and any sale made by a trustee, are then paid into Court and become commence an action (i.e., sue) within 180 days from the date the subject to the claims of all lien-holders, mortgagees and other lien is registered. parties interested in the property. The factors a court are likely to consider when determining whether to appoint a receiver or Enforcement of a Lien Against Oil and Gas Production trustee include the lien-holder’s risk of loss if no order is made, While the BLA expressly provides that a lien attaches to oil the cost, the length of time that a receiver or trustee may be in and gas interests both in the ground and once severed, a place and the balance of convenience to the parties. purchaser of oil and gas production may be unaware that the production is subject to a lien. Furthermore, in the 1988 Alberta Conclusion Court of Queen’s Bench decision in Halliburton Services Ltd It is important for anyone with a lien registered against mineral v. Snowhawk Energy Inc, Justice Forsyth confirmed that a build- interests to recognize that registration of a lien may do little to ers’ lien does not attach to the sale proceeds from the sale of a prevent the loss of security. Accordingly, legal counsel should mineral, describing this as “an unwarranted extension of the law” be consulted to ensure that proactive steps are taken to protect (1988 Canlii 3433 (ABQB)). Accordingly, a lien on oil and gas interests may do little to discourage an owner from selling its oil and that security. m gas prior to the lien-holder obtaining a judgment at trial. This This article is not intended to replace specific legal advice. also creates the risk that a well could be “drained” before the lien- Our lawyers at Bennett Jones LLP would be happy to provide holder has obtained a judgment, leaving the lien-holder with no you with legal advice particular to your circumstances. security whatsoever. However, section 54 of the BLA provides a lien-holder with Reprinted with permission. two options to protect its lien. First, a lien-holder can apply to the First published June 24, 2014 Court for the appointment of a receiver of the rents and profits on blog.bennettjones.com. To subscribe, from sale. Second, a lien-holder can apply for the appointment of please go to blog.bennettjones.com. a trustee who has the power to manage or sell the property under NO TERRAIN IS TOO TOUGH. With over 41 years of geomatics and surveying experience, we don’t shy away from tough or rugged terrain. Contact us today for your next project. Edmonton Grande Prairie Swift Current Fort Nelson Fort St. John 1 800 478 6162 | canam.com 9 THE NE GOTIATOR / NOVEMBER 2014 Calgary THE NEGOTIATO R / NOVEMBER 201 4 Mandatory Reporting Standards for Payments by Extractive Industry Companies In April of 2014, the Government of Canada issued a Consultation Paper regarding proposed mandatory reporting standards (the proposed implementation of a commitment made at standards) for payments by extractive industry Accounting Directives3 and the US through the companies to governments, both domestic and Dodd Frank Act.4 foreign.1 The proposed standards are Canada’s 10 the 2013 G8 Summit2 and reflect similar initiatives in several other countries, including the European Union (EU) through its Transparency and Written by Paul Lalonde, Anthony Cole & Erik Arnold With respect to joint ownership or subsidiaries, extractive companies operating in Canada will be required to report if they have a controlling interest in any project in Canada or abroad. The proposed standards will apply to companies operating Affected companies would have to publish annual reports of or headquartered in Canada that are involved in the commercial payments of $100,000 and over, either cumulatively in one year development of oil, natural gas, and minerals, whether in Canada or on a one-time basis. The reports would have to be made on or abroad. Companies involved in transportation within Canada a project-level basis, and include payments made to all levels of are, apparently, not subject to the proposed standards, although government, both domestically and abroad. Under the proposed the consultation paper is unclear as to how cross-border transpor- standards, the following categories of payments would have to tation undertakings are to be dealt with. be reported: The proposed standards will apply not only to publicly listed companies, but also to medium and large private extractive companies operating in Canada. Medium and large private • T axes levied on income, production or profits of companies, excluding consumption taxes; companies are determined as those which meet two of the three • Royalties; following criteria: (1) CA$20 million in assets; (2) CA$40 million in • Fees, including license fees, rental fees, entry fees and “other net turnover; and (3) 250 employees. With respect to joint ownership or subsidiaries, extractive considerations for licenses and/or concessions”; • Production entitlements (including payments made in-kind); companies operating in Canada will be required to report if they • Bonuses, such as signature, discovery and production bonuses; have a controlling interest in any project in Canada or abroad. • Dividends paid in lieu of production entitlements or royalties The proposed standards will adopt the International Financial (excluding dividends paid to governments as ordinary share- Reporting Standards (IFRS) definitions of “control”, “joint venture”, holders; and and “joint operation”. Your lands of opportunity await We have one of the largest independently-owned portfolios of fee simple mineral title in Canada with approximately 5.2 million acres of fee simple mineral title lands. www.prairiesky.com 11 THE NE GOTIATOR / NOVEMBER 2014 Please contact us if you are looking to lease simple fee mineral title or enter into other royalty arrangements. • Payments for infrastructure improvements (including roads, electricity, etc.). Payments to Aboriginal entities The Consultation Paper originally indicated that the required disclosures would also extend to payments made by companies Consistent with the U.S. and the EU, it is proposed that compa- to Canadian Aboriginal entities, including in relation to Impacts nies would not be required to report social payments such as and Benefits Agreements. for community centres, schools, hockey teams, arenas, capacity development, training and the like. However, on August 26, 2014, the Minister of National Resources, Greg Rickford, announced that the government had decided It is proposed that the disclosure reports would be posted on to defer by two years the requirements to report payments to company websites, and would be available for free and unrestricted Aboriginal entities. The reason for the deferral was stated to be to use by the public. In addition the reports would have to be assured or allow time for further consultation with Aboriginal groups regard- verified by a third party, according to recognized accounting standards. ing the proposed standards. Celebrating 65 years of land surveying and geomatics THE NEGOTIATO R / NOVEMBER 201 4 in Western Canada. Service Beyond Boundaries. www.midwestsurveys.com 12 This announcement represented a significant modification time for introduction of the rules, companies operating in Canada to the Government’s original plans and it remains to be seen should start the process of evaluating and implementing the steps whether certain rules are adapted to reflect concerns articulated they need to take, to avoid being unprepared for the changes to in the course of an ongoing consultation process with aborigi- the Canadian regime. For companies with an international pres- nal groups. However, it should not be forgotten that in all other ence, compliance efforts in Canada will need to be addressed as respects, the Government intends to move forward quickly with part of wider efforts to comply with similar regimes to be intro- the implementation of the proposed reporting standards. duced in the EU, and proposed for the US. At Dentons Canada, we are working closely with our global Implementation The Government’s stated intention is to have mandatory reporting in place by April 2015, preferably through provincial measures colleagues to monitor developments and provide clients with practical solutions and market-leading compliance strategies. m adopted under the auspices of securities legislation. Failing the Notes timely adoption of such provincial measures, the Government 1. Natural Resources Canada, Establishing Mandatory Reporting of Canada has vowed to adopt federal legislation. To date, no Standards for the Extractive Sector – Consultation Paper: Spring province has yet adopted any relevant measures, or released any 2014, online: Natural Resources Canada http://www.nrcan. proposed measures. It is, therefore, reasonable to expect that gc.ca/publications/15753 [Consultation Paper]. federal legislation will indeed be necessary and that a bill will be tabled in Parliament in the current session. 2.See item 5 of the G8 Lough Erne Declaration, online: http://www. g8.utoronto.ca/summit/2013lougherne/lough-erne-declaration.html. 3. The UK has recently published a draft statutory instrument Conclusion implementing this directive, providing that extractive sector In addition to placing an obligation on extractive sector compa- entities must report to Companies House any payment, or nies to implement or adapt systems and processes to track and payments, made to any government, or related subsidiary, with record relevant payments to governments, the proposed rules should be assessed in the context of business ethics and anti-cor- an aggregate value exceeding £86,000 in a single financial year. 4. Consultation Paper, supra. ruption compliance policies and controls. Given the short lead-in THE NE GOTIATOR / NOVEMBER 2014 13 coal-fired power plants release CO q Conventional directly into the atmosphere. Plants equipped with CCS 2 will capture much of the CO2 instead. CO can be transported wbyLiquid pipeline or truck. 2 Gro und wa ter Sea lR Se ock al Ro ck Deep saline aquifer Unmineable coal beds Alternative possible locations for CO2 storage. CO can be injected and e stored deep underground 2 Competition for Underground Disposal Space Decision commented on: Alberta Energy Regulator, East Field, July 23, 2013. This decision involving Canadian Natural Resources Limited, Application for Canadian Natural Resources Limited (CNRL) illus- Disposal, Lloydminster Field, 2014 ABAER 008. trates that there may also be competition for good THE NEGOTIATO R / NOVEMBER 201 4 disposal sites and that the disposal operations of 14 Previous posts on ABlawg have commented on sub-surface resource conflicts especially as between gas storage operations and oil and gas production: see Kallisto Energy Corp. one party may affect the disposal operations of Application for a Well Licence Crossfield East Field, capture and storage, CCS) if that technology rolls Nigel Bankes 2012 AERCB 005, February 24, 2012 and Kallisto out as anticipated to mitigate Alberta’s greenhouse B.A., M.A., LL.M. Energy Corp Application for a Well Licence, Crossfield gas emissions. University of Calgary another party. While this decision involves the use of pore space for water disposal operations we can also anticipate competition for the use of pore space for carbon dioxide disposal purposes (i.e. carbon Written by CNRL produces oil in the Lloydminster area which is associ- On the question of alternatives the Panel noted that CNRL had ated with high volumes of produced water that it must dispose explored a number of different options including the recomple- of. CNRL already has significant infrastructure in place for waste tion of abandoned wells but the Panel agreed with CNRL (at para water transport and injection but its increased production in the 31) that “the existing wells reviewed may have wellbore integrity area means that it also needs to expand its disposal capacity issues and that injecting into a new well, such as 3-17, will mini- in order to avoid needing to shut in wells. Accordingly, CNRL mize risk with regards to containment.” The Panel also noted (at identified a new disposal target in the form of the 3-17 well para 28) that CNRL’s proposal would tend to “minimize the effects which was the subject of this contentious hearing and decision. on the landowner by eliminating the need for additional surface CNRL first proposed to drill and complete this well for injection impacts of a new well or additional facilities.” into the sandstone Dina formation but amended that applica- The Panel also examined the alternative formations that tion upon receipt of objections from Ener T (which owned the might be proposed for disposal. CNRL preferred the Dina forma- offsetting 16-7 injection well) so as to provide for completion in tion because it was a proven disposal zone (with more than 300 the Moberly and Cooking Lake Formations instead. The Alberta wells in the region disposing into that zone). The Panel agreed Energy Regulator (AER) licensed the well for these two forma- with that assessment and noted (at para 40) that alternative tions but as a result of the poor injectivity that it encountered formations proposed by Ener T would not typically be approved CNRL renewed its initial application asking for approval to for disposal since they were potentially oil bearing. abandon the 3-17 well in those two formations and recomplete The most interesting discussion in the decision relates to the it for injection purposes in the Dina Formation. Ener T renewed potential for CNRL’s activities to harm Ener T’s injection opera- its objections resulting in the AER scheduling a hearing in which tions at its offsetting 16-7 well. Here Ener T argued that CNRL’s Ener T, having filed a statement of concern, was granted full operations would prejudice its own disposal activities and it participation rights. therefore asked the AER to establish a protective set back or buffer zone to recognize its priority in point of time in identifying and The AER hearing panel identified four issues (at para 13): developing this (disposal) resource: [64] Ener T argued that it is not in the public interest to allow a • the need for additional disposal capacity, • the evaluation of alternative disposal zones, large operator such as CNRL to effectively “wash out” a small oper- • the capacity of the Dina Formation for injection fluids, and ator’s operation. It also argued that it is not in the public interest • the potential for adverse effects on Ener T’s AB/16-7 well. to allow large operators like CNRL to select disposal locations that have been established by small operators to be effective disposal zones and drill its well in the same zone and vicinity as the small On the question of need the Panel ruled as follows: operator with no consideration of the effects. Instead, Ener T [20] The panel acknowledges that CNRL has productive oil submitted that it is in the public interest to reward people that wells that are shut in due to insufficient produced water “get somewhere first” and “incur the risk and the cost of drilling disposal capacity. It accepts that CNRL’s ability to fully into a certain area.” exploit and maximize the recovery of oil reserves from its To protect its interest Ener T asked the AER to impose a 1.6 km land holdings in the area will be constrained if additional buffer on “competing” (my term) injection operations. In effect water disposal capacity is not obtained. The panel there- Ener T was seeking some sort of exclusive or at least prior entitle- fore finds there is sufficient evidence to support CNRL’s ment to the disposal capacity of the Dina reservoir – which from need for additional disposal capacity in the area. the map included in Figure 1 of the decision would seem to go Sayer Energy Advisors’ publications will keep you ahead of the competition. Canadian Oil Industry: Learn from the past. • • • • Merger and Acquisition Report and Annual Summary Quarterly Review Asset Sale Listing Financing Listing For further information on our publications, please contact Lori Deagle: [email protected] th 1620, 540 - 5 Avenue SW Calgary, Alberta T2P 0M2 P: 403.266.6133 www.sayeradvisors.com 15 THE NE GOTIATOR / NOVEMBER 2014 Plan for the future. More generally however it would seem that Ener T’s claim failed on the basis that it had not convinced the Panel of the likelihood of prejudice. beyond the geography of its lease (although we actually learn noth- also thought that if there were any impacts on Ener T’s opera- ing in this decision about Ener T’s production or its disposal rights). tions they would be limited because of the standard maximum The Panel rejected Enert T’s claim for relief. As for the specific wellhead injection pressure that would be imposed on CNRL’s request that the AER establish a buffer: operations. Given that the risk of adverse impact was low but with the positive benefits of increased production and royalties [74] The panel notes that the AER’s regulations do not flowing to the province, the Panel approved the application. restrict the distance between disposal wells. The AER’s The Panel did not discuss what would happen if it was wrong and Directive 065 does provide that notification of a disposal the Dina formation in this location turns out to have a limited application is to be given to unit operators, approval capacity for taking injected water. Presumably it will be open to holders, well licensees, mineral lessees and lessors, and Ener T to apply to the AER to have it review its decision but it is landowners within a 1.6 km radius of a proposed disposal not clear that the AER believes that Ener T has any entitlement well where the disposal zone is known to be present. that the AER believes that it should protect. This seems quite different from the two Kallisto decisions where the regulator was More generally however it would seem that Ener T’s claim failed on the basis that it had not convinced the Panel of the likelihood of prejudice. The Panel thought that the evidence supported the THE NEGOTIATO R / NOVEMBER 201 4 idea that the target was “open and regionally extensive” rather 16 at pains to develop conditions to protect the prior natural gas storage operation from interference. m Reprinted with permission. than characterized by local barriers (at paras 62 and 76) and First published August 1, 2014, on ABlawg.ca. accordingly was likely a situation in which the reservoir should To subscribe to ABlawg by email or RSS feed, please go be able to accept disposal fluids from both wells. The Panel to http://ab.lawg.ca Follow ABlawg on Twitter @ABlawg. Board Briefs of increasing course enrolment for 2015. The course calendar is currently undergoing changes. The committee rolled out four new courses for 2014 and all were well attended. The key discussion items at the CAPL Board of Directors’ Meeting held October 7, 2014 at Range Royalty’s offices were as follows: • Gary Richardson updated the Board on the proposed CAPL public relations booth and brochure redesign. Gary also updated the Board on the Steer Raffle and discussed various alternatives to the Calgary Stampede if necessary. • Nikki Sitch updated the Board on the benefits of the new office space proposed to be leased for the CAPL office when the Chevron lease expires next July. The proposed space will accom- In Attendance M. Radomski B. Reynolds N. Sitch G. Richardson J. Covey J. Shea M. Creguer A. Weldon C. De Ciancio A. Webb Absent P. Mandry L. Buzan M. Cookson Guests Ian Ross K. Gibson modate two classrooms/boardrooms having a 40 and 20 person capacity that can be opened up to a larger class/meeting room capacity of 60 people. There is proper storage and the renovated space will have a more professional look. The BOD approved the new lease offer. • Gary Richardson provided an update on the initial collaboration meeting between CAPL and CAPP which focus on two areas: • Nikki Sitch, in the absence of Larry Buzan, Director of Finance, presented a Treasurer’s Report as at September 30th, 2014, ongoing communications (i.e. sharing of newsletter articles) and regulatory policy initiatives. showing CAPL investments totalling $978,180 CDN along with a cash balance of $620,275 CDN. The CAPL Scholarship Fund has • Michelle Radomski presented the results of the June 30, 2014 a balance of $243,895 CDN. There were no transfers made since Special Resolution for approval of the proposed amendment the last report. to the by-laws voted on at the September 22, 2014, General Meeting held at the opening breakfast of the Annual Conference • In Mandy Cookson’s absence, Michelle Radomski advised the in Jasper, AB. Approval required 75% (or 213 affirmative votes) new website launch was running approximately one month from the total 220 members eligible to vote in person at the behind schedule. Discussion ensued to identify next website Conference and those 63 votes received by proxy in advance content/design priorities: i) personal profile page enhancements of the meeting. Only 75 voting ballots were submitted at the to include course history and re-certification credit status; Conference from the 220 members in attendance, with 145 of ii) general meeting registration; iii) suggestion box; iv) archived these members abstaining. Of the total 138 counted votes there standard form online download sales; v) online proxy/mail were 114 FOR (82.6%), 23 AGAINST (16.7%) and 1 SPOILED. ballot voting. • Michelle Radomski reminded Directors of the following: • Ian Ross was invited to inform the Board about the Professionalism and Surface Land Agents presentation prepared by the Professionalism Committee and suggested it would be appropriate for the FAM Committee to deliver this presentation to CAPP and EPAC to address historical concerns with respect • The next Board of Directors’ Meeting will be held on November 4, 2014. • The next General Meeting will be held at lunch at the Westin on October 15, 2014. m to professionalism of land agents in the field. Gary Richardson, Andrew Webb as the FAM Committee representative, volunteered to take this Secretary/Director, Social to CAPP. Committee met for a spring planning session to review the current courses, recommend new courses and brainstorm ways 17 THE NE GOTIATOR / NOVEMBER 2014 • Connie De Ciancio informed the Board that the Education A majestic Orca… a frequent sighting at Langara THE NEGOTIATO R / NOVEMBER 201 4 Ninth Annual Salmon Fishing Adventure – A Success on All Fronts! 18 Time does not fly any faster than when fishing yet seems to go oh so slow when waiting to go fishing. This was no truer than 2014 as the reports of disappointment. I am pleased to say that this 2014 salmon fishing potential record runs of salmon started to be predicted in 2013. fishing grounds. Catching fish was not a problem and in fact it These reports kept building and building, creating an almost seemed like regardless of where you went… the salmon were euphoria of excitement and expanding expectations. As we there. We saw a large pod of about 100 killer whales move through have learned at a young age, often over expectation leads to the area right in the middle of a prolific salmon bite. Then almost season lived up to expectations. On the Spring trip we witnessed large numbers of Chinook Salmon spread out over almost all the the seas were so flat you would swear you were on an icy lake. One nice thing about fishing in the fall is the presence of hard fighting, airborne silver cohos. These fish are very willing to take the bait and they go on wild jumping frenzies. They averaged about 8-10 lbs and as big as 22 lbs. The biggest chinook this trip was 38.5 lbs and won a free trip back in 2015. As always safety is paramount on the open ocean. Langara Fishing Lodge prides itself on ensuring guests have a safe and enjoyable fishing adventure. They do regular boat checks, have a patrolling safety officer and now have each boat wired with a satellite transponder so that everyone can be found fast and efficiently. Wildlife also abounded once again at Langara Island. It was not hard to find humpback whales feeding on herring and needlefish. Louis Champagne and his nice halibut Sealions are always around as are seals and river otters. There are immediately after putting on a fantastic show and leaving the sea otters around now but still a treasure to spot as they are not salmon returned. The weather and waves and the fish all collab- plentiful. Other whale sightings include orcas, minke whales and orated nicely to make a great start to the fishing season. We had fin whales. great sea conditions which meant we were able to get out to the Once again we are pleased to announce new trips for 2015 best halibut and lingcod grounds. We saw so many fish that I was which is also our 10th annual trip! June 2-6, 2015 (66 guests) and worried we would have too much weight to take off. I volunteered Sept 1-5, 2015 (56 guests) are the next fishing adventures to get to stay behind to help out but sadly the lodge fit it all on. excited about. Please contact Kevin Egan at Kevin.Egan@husky- In the fall we saw once again that while I tell people “you don’t go to the Queen Charlottes to sun tan”, the weather proved me wrong. Everyone that forgot to use sunscreen got some red cheeks. energy.com as soon as possible as these trips fill up very fast. m Kevin Egan Many people were fishing in t-shirts and even shorts at times and YOU HAVE A LOT ON YOUR MIND – WE CAN HELP With extensive experience in the oil and gas sector and a strong energy regulatory practice, our Calgary office is perfectly positioned to assist Western Canada’s energy industry. Randy Madsen Jason Paton Jay Lalach Bernadita Tamura-O’Connor #1 regional law firm in British Columbia, Alberta and the territories, Canadian Lawyer magazine (2010-2014). 19 THE NE GOTIATOR / NOVEMBER 2014 Paul Negenman Get Smart The CAPL Education Committee is pleased to present the following courses: Contractual Issues Relating to Acquisitions and Divestments Fiduciary Duties (morning) (morning) November 5, 2014 November 6, 2014 9:30am to 12:00 p.m. 8:30 a.m. to 12:00 p.m. This half day seminar will focus on problem areas arising in This seminar will focus on the legal aspects of the acquisition of the context of both transactions and day-to-day operations. oil and gas reserves and facilities. Special emphasis will be on Case examples and court decisions specific to land related issues legal issues, such as the rights to deposit, basic tax issues, the will be presented and discussed. Specifically, this course will treatment of effective date vs. closing date, conditions precedent, emphasize situations and circumstances where fiduciary duties consents, ROFRs, due diligence and indemnities. do and do not arise and the nature of these duties. Principles of Contract Drafting and Interpretation (afternoon) Indian Oil & Gas Canada (afternoon) November 5, 2014 1:00 p.m. to 4:30 p.m. November 6, 2014 1:00 p.m. to 3:00 p.m. The principles of drafting and interpreting contracts that have The session provides an overview of IOGC, the Indian Oil and evolved in case law over the years will be presented. In addition Gas Act and regulations, IOGC’s role in assisting First Nation to reviewing case studies, the instructor will discuss the essential develop their oil and gas, the two key approaches to negotia- concepts in drafting and suggestions for improving essential parts tions and a review of IOGC’s current sub surface and surface of agreements. disposition processes, applicable federal legislation and regulator requirements. THE NEGOTIATO R / NOVEMBER 201 4 Give a best friend! For nearly 20 years at Christmas, Scott Land & Lease has given best friends to underprivileged children through our annual Scott Land Teddy Bear Challenge. With the support of generous donations from our clients, staff and friends we collect over 2,000 teddy bears for families in need throughout our community. Calgary Edmonton Grande Prairie This year, we are hoping you’ll join in the cause. It’s as simple as a $15 donation to the Rainbow Society who will buy a teddy bear on your behalf. Find your inner teddy bear and help make a difference to a child’s Christmas. Visit our website for more information on The Teddy Bear Challenge and our community involvement: www.scottland.ca Fort St. John Suite 900, Bow Valley Square 1, 202 – 6 Avenue SW, Calgary, Alberta, T2P 2R9 20 Lloydminster Regina Saskatoon Ph: 403 261 1000 www.scottland.ca Geophysics for Non Geophysicists November 12, 2014 8:30 a.m. to 4:30 p.m. 1990 CAPL Operating Procedure Boot Camp Nov 25 & 26, 2014 8:30 a.m. to 4:30 p.m. This seminar will introduce the field of geophysics as it pertains This is a challenging interactive two day course in which partic- to hydrocarbon exploration in Western Canada. The instruc- ipants work through case studies on the 1990 and 2007 CAPL tor will focus on a number of personal cases to exemplify Operating Procedures in small work groups for presentation the use of seismic data. Simple in-class exercises will show to the larger group. The case studies address subtleties of the some of the limitations of seismic data in a cost-effective Operating Procedure in the context of issues that could easily exploration program. Ownership issues and legal obligations arise on files, so that attendees improve their understanding of of acquiring seismic data in Canada will also be introduced. those topics. The course is also designed to build the capability Sample show and tell scenarios employing geophysics will of attendees to assess and resolve Operating Procedure issues demonstrate how the information acquired in this course can more generally. benefit a non-geophysicist. Drilling & Production Operations Aboriginal Affairs November 13, 2014 November 27 & December 2, 2014 8:30 a.m. to 4:30 p.m. 8:30 a.m. to 12:00 p.m. This seminar will give a non-technical overview of oilfield oper- This session is especially useful for those interacting with ations in Western Canada. The major topics of drilling, well Aboriginal governments, businesses and communities, and helps completion, and production operations will be covered. In the in building positive relationships to enhance effectiveness with drilling section, the instructor will discuss drilling and other Aboriginal people. operations such as logging, drill stem testing, coring and cementing. The completion section will include a discussion of the 2007 CAPL Operating Procedure November 18, 2014 8:30 a.m. to 4:30 p.m. service rig, perforating, stimulation and downhole equipment. Production operations will cover production facilities and equipment, methods of artificial lift and enhanced recovery techniques. This one day course is an overview of the 2007 CAPL Operating Procedure focused specifically on the changes between the 1990 and the new document. It is meant to enable personnel to appre- Professional Ethics: Case Studies for Landmen December 3, 2014 8:30 a.m. to 4:30 p.m. ciate substantive differences between the 1990 and the 2007 In this course the participants will consider in depth several documents. case studies with the goal of identifying, understanding, and Saskatchewan P&NG Regulations November 19, 2014 8:30 a.m. to 4:30 p.m. applying the ethical implications for the professional landman. Consideration of the CAPL code of conduct as well as current ethical concerns for the landman will also be a part of this course. The seminar will provide an overview of the Saskatchewan Petroleum and Natural Gas Regulations. Emphasis will be placed on the land tenure system, lease continuation, posting and Preparing for a Surface Rights Board Hearing (PSL®) December 04, 2014 8:30 a.m. to 4:30 p.m. bidding on Crown Land. A question and answer period will follow This course will begin by covering the types of surface rights the presentation. board hearings, including compensation, rent review, damage Saskatchewan P&NG Regulations November 20, 2014 8:30 a.m. to 4:30 p.m. claims and back rent. The next section will focus on the structure of the hearing and deal with procedural elements, evidence taken under oath, direct and cross examination of witnesses and questions from the board. From there the course will focus on Petroleum and Natural Gas Regulations. Emphasis will be placed evidentiary issues like the burden of proof and discuss privacy on the land tenure system, lease continuation, posting and issues before closing by discussing the orders ultimately issued bidding on Crown Land. A question and answer period will follow by the board. the presentation. 21 THE NE GOTIATOR / NOVEMBER 2014 The seminar will provide an overview of the Saskatchewan Overcoming the Five Dysfunctions of a Team December 09, 2014 8:30 a.m. to 4:30 p.m. This seminar is built on the assumption that great teams attract great team players, and that great team players on great teams achieve more collectively than they could on their own. Using Patrick Lencioni’s book The Five Dysfunctions of a Team as a template, this day long seminar teaches participants how to strengthen their teams, improve their self-awareness and sharpen their leadership skills. The course also includes a number of practical exercises that can be used to overcome hurdles that stand in the way of building an effective team. Directive 056: ERCB Energy Development Applications Public Seeking Renewed Depth In A Land Services Provider? Consultation Requirements (PSL®) December 10, 2014 8:30 a.m. to 4:30 p.m. The AER (the “Board”) believes that appropriate notification and public consultation must be conducted well in advance of the submission of an application to the AER. It must be thorough enough to allow all parties who are affected to be sufficiently aware of not only the proposed project, but the Board process as well. The Board believes that the public must have sufficient information to participate meaningfully in the decision making process, to voice their concerns and have their concerns heard and properly addressed, and if possible, resolved. The proponents information must be extensive, consistent, factual and must be disclosed in a timely manner, and if the proposal is part of a larger project, the proponent should be prepared to discuss the entire project and explain how its components compliment other energy development plans in the area. This seminar helps proponents understand the public consultation requirements, expectations of Integrity Runs Deep the AER and assists companies in completing the application or audit processes for regulatory compliance. Negotiation Skills for Surface Land Agents (PSL®) December 11, 2014 8:30 a.m. to 4:30 p.m. This seminar will examine the common struggle we often experience between meeting our substantive needs in the negotiation while maintaining or improving the working relationship. This workshop also provides a number of interactive industry related negotiation scenarios during the day that allow the partic- THE NEGOTIATO R / NOVEMBER 201 4 ipants an opportunity to apply the skills learned during the early stages of the workshop. m 22 toll free: 1.877.998.1500 | www.integrityland.com 2014 5k & 10k Fun Run and Road Race The 26th annual CSPG/CSEG and CAPL 5k fun run and 10km road race, was originally scheduled for take the title of fastest female and male Landman. Congratulations September 10th, but due to the winter storm that blanketed the to both Stephanie and Justin! A special shout out to Thomas “The city the race was rescheduled for the following week. The race gun Rocket” Crosley who cracked the male landman podium in third went off under sunny skies a 20° C temps and once again followed place. Rumor on the pathway is The Rocket is already training for the Bow River pathway system: west from the Eau Claire YMCA to next year’s event with the hope of upsetting Justin. This year Stephanie Cicero and Justin Kangarloo managed to Make sure to watch the May and June 2015 Negotiator and This year 21 CAPL members participated in the race marking one the CAPL and CSPG websites for details on the 2015 event that is of CAPL’s strongest showings to date. scheduled for Wednesday September 16, 2015. We look forward to Afterwards, participants headed over to the Calgary Curling Club for dinner. This well organized event proves to be one of the best bargains on Calgary’s road race calendar. For the reduced seeing you at next year’s race. m Dan Cicero entry of $40.00, CAPL participants received a souvenir running shirt, free pasta dinner, refreshments and a chance to win one of the many category awards and draw prizes. 23 THE NE GOTIATOR / NOVEMBER 2014 the east end of Edworthy Park and then back to Eau Claire YMCA. The Negotiator’s Message From the Board the annual 9-Ball tournament at the Garage and Chad Hughes’ committee kicked off Stampede season with the Dust Up at National. The Junior Landman, PLM Alumni and CAPL golf tournaments highlighted the summer social events thanks to Josh Wylie, Ryan Armstrong, Craig Stayura, and their respective committee members. The summer was capped off with the annual Trap Shoot hosted by Hugo Potts and the Road Race and Fun Run hosted by Dan Cicero. I want to thank all of the volunteers and sponsors that make Social Committee I have had the privilege of working with many outstanding volunteers on the various these events possible. Not only are they a great excuse to catch social committees during my short time the CAPL was able to donate to local charities including the on the Board. These individuals work Canadian Red Cross Flood Relief Fund, the Tour for Kids Alberta, very hard to pull together the high qual- EvenStart for Children Foundation of Calgary and our own PLM ity social events the CAPL is known for, ensuring the experience is worthwhile for both our members and our valued sponsors. This year’s social calendar was kicked off by Kevin Koopman and his committee who organized another successful curling up with old friends, they provide an opportunity to expand your network and create valuable relationships with fellow CAPL members and industry contacts. Through these events Endowment Fund. I encourage anyone who wants to volunteer on a social committee to contact the Chairs listed on the CAPL website. m bonspiel at the Calgary Winter Club. Pat Burgess and his crew Andrew Webb hosted another excellent squash tournament at the Glencoe Club Secretary/Social Director followed by Natalie Carson and Will Glass’ popular ski trip to Lake Louise. Derek Jacobus and Matt Rasula brought out the cues for THE NEGOTIATO R / NOVEMBER 201 4 & transactions Are you missing pieces to your pending A&D transaction? Jaguar Land’s Quality, Focused and Value Driven Land Professionals can put the pieces together. 24 Contact Jaguar Land 403-718-0525 jaguarland.ca Roster Updates Carrie Fyfe Canadian Natural Resources Limited to Birchcliff Energy Ltd. On the Move Sandy Gagne Progress Land Services Ltd. to Scott Land & Lease Ltd. Kyle Goulet Lightstream Resources Ltd. to Independent Ty Hansen Independent to Lightstream Resources Ltd. Brennan Kasper Apache Canada Ltd. to Twin Butte Energy Ltd. John Levson Predator Oil Ltd. to Secure Energy Services Inc. Terri Martin TAQA North Ltd. to Bellatrix Exploration Ltd. Kent O’Shea, PSL Pengrowth Energy Corporation to Whitecap Resources Inc. Rodger Perry, P.Land South Bay Resources Canada, ULC to Manitok Energy Inc. W. Jason Bezruchak, PSL Visser Consulting Ltd. to Traverse LandGroup Ltd. Kim Buchanan Independent to Jupiter Resources Inc. Rita Byers, P.Land Nexen Energy ULC to Independent James Condon, P.Land MFC Energy Corporation to Independent Margaret Curts Independent to Pengrowth Energy Corporation Kellie D’Hondt Independent to Toro Oil and Gas Ltd. Wayne Ellis Athabasca Oil Sands Corp. to Crescent Point Energy Corp. Dorothy Else PanTerra Resources Corp. to Ikkuma Resources Corp. Accurate. Time Sensitive. Confidential. Land Services. We know and complement your business with our full range of land services including unique administration, exceptional project management, and extensive industry knowledge. A Divestco Company 25 THE NE GOTIATOR / NOVEMBER 2014 587-952-8282 cavalierland.ca [email protected] Brad Purdy Independent Travis Whitlock, PSL Chevron Canada Resources to Chronos Resources Ltd. to Independent Jeff Rideout, P.Land Independent Joshua Wylie Independent to Mammoth Land Services Ltd. to Blackbird Energy Inc. Rich Rowe Panterra Resources Corp. to Ikkuma Resources Corp. Christopher Sillito Penn West Exploration to TransCanada Cliff Smiley, P.Land Shell Canada Energy Robert (Bob) Peers to Independent It is with deepest sadness that the CAPL announces the recent Michelle Sportak Twin Butte Energy Ltd. to Imaginea Energy Corp. Jeremy Thornborough Corinthian Exploration Corp. to Independent m In Memoriam passing of a member. Robert (Bob) Peers passed away on September 22, 2014 just one day short of his 70th birthday. He is survived by his wife Dolli and several children and grandchildren as well as many other relatives. Bob was born in Selkirk, Manitoba and attended the University THE NEGOTIATO R / NOVEMBER 201 4 of Denver on a hockey scholarship. He played hockey for the Perry Tse PTM Enterprises Inc. Calgary Spurs as well as for a year in Innsbruck, Austria and to Bow River Energy Ltd. continued to play hockey and coach throughout his lifetime. Murray Wade, P.Land Devon Canada Corporation to Independent Kevin Walz Lightstream Resources Ltd. to TriOil Resources Ltd. LANDGROUP LANDGROUP He became a member of the CAPL in 1970 and worked for various oil and gas companies throughout his career. He was also a member of the Calgary Old Time Hockey Players Association. Bob will be missed by all of those that had the opportunity to know him. m [email protected] [email protected] www.traverselandgroup.com www.traverselandgroup.com Calgary Calgary | 260, | 260, 68156815 8 St.8NE, St. Calgary, NE, Calgary, AB TAB 2E T7H7 2E 7H7 403.265.1050 403.265.1050 Sedgewick Sedgewick | 4911 | 4911 48 Ave., 48 Ave., P.O. P.O. Box Box 36, Sedgewick, 36, Sedgewick, AB T0B AB T0B 4C0 4C0780.384.3565 780.384.3565 Grande Grande Prairie Prairie | #101, | #101, 10419 10419 99 Ave., 99 Ave., Grande Grande Prairie, Prairie, AB T8V AB T8V 0S4 0S4 780.532.7630 780.532.7630 26 37th Annual CAPL Trap Shoot you again next year on Saturday, September 12, 2015, for the 38th edition of the CAPL annual trap shoot. The committee, also wish to express our appreciation and gratitude to the following sponsors for their generous support; without them we would not be able to hold the shoot every year. Please make sure you thank these sponsors for their generosity The 37th Annual CAPL Trap Shoot was held, as usual, at the AHEIA Calgary Firearms Centre (near DeWinton) on Saturday September 6, 2014. 48 members and the next time you are doing business with them. m Hugo Potts, Chairman guests showed up for the shoot this year, on a gorgeous early fall/ late summer day. Everyone was able to participate in a great day Trophy Sponsors of networking, camaraderie, and of course shooting the 16 yard McMillan LLP singles event, the Slider event, and the Handicap event, as well Norton Rose Fulbright LLP as the usual buddy shoot and Annie Oakley. All the shooting was Pengrowth Energy Corporation complemented by another delicious BBQ luncheon courtesy of Scott Land & Lease Ltd. Viper Consulting Inc. and 302 Consulting Ltd., and Messrs. John Total Petroleum Land Services Ltd. Kanderka and Dave Arthur. The committee members congratulate Mr. Ed Grandan on winning the Scott Land High Overall Trophy Lunch Sponsors (again), Mr. Louis Champagne on winning the Class A 16 yard Viper Consulting Inc. event Trophy, Mr. Matthew Rasula on winning the Total Petroleum 302 Consulting Ltd. Land Services Slider event Trophy, Mr. Chris Lizotte on winning the Pengrowth Energy Corporation Class A Handicap event Trophy, Sponsors and Mr. Spencer McKay on winning the Norton Rose Fulbright Alberta Hunter Education Instructors’ Association Inaugural Participant Trophy. Carscallan LLP On behalf of the committee, which includes Jeff Baggs, Ryan Edwards Land Services Ltd. Hall, and Kyle Huntley, I would like to thank all the members Global Raymac Surveys Inc. and guests that came out and gave it their all this year. We’ll see Gowlings LLP THE NE GOTIATOR / NOVEMBER 2014 27 November Meeting Speaker Mark Milke Mark Milke, Ph.D. is an author, policy analyst and columnist with Winnipeg Free Press. Mark has a PhD in International Relations four books and dozens of studies published across Canada and and Political Philosophy from University of Calgary, is President internationally in the last two decades. A Senior Fellow with the of Civitas – a Society for Ideas, chairman of the editorial board of Fraser Institute, his work has also been published in the United Canada’s Journal of Ideas C2C Journal, a member of the Sir Winston States and Europe by the American Enterprise Institute, the Churchill Society of Calgary, and a past lecturer in Political Science Competitive Enterprise Institute, the Heritage Foundation and the at the University of Calgary. Brussels-based Centre for European Studies. Mark’s work touches Mark Milke’s first book was described by former Vancouver on everything from taxes, civil rights, and private property to Sun editor Trevor Lautens as “written with style and wit, a must airline competition, insurance, aboriginal policy, government for the thoughtful, and a stimulus for the forgetful.” Toronto Star monopolies and the folly of crony capitalism to lighter topics such columnist Carol Goar describes Mark as a “skilled researcher who as architecture, art, and hiking. uncovers information governments would prefer to keep hidden.” Mark is a Saturday columnist for the Calgary Herald and Mark lives in Calgary, and his non-professional life includes his columns also appear in the Globe and Mail, National Post, interests in architecture, history, art, music, mountains and THE NEGOTIATO R / NOVEMBER 201 4 Toronto Star, Ottawa Citizen, Montreal Gazette, Vancouver Sun and photography; Mark is a regular hiker, skier and runner. m Land Acquisitions Freehold Mineral Secialists Surface Acquisitions Pipeline Right-of-Way Rental Reviews Damage Settlements Crown Sale Attendance Title Registration Potash Projects Wind Generation Projects Suite 201, 2629 – 29th Avenue Regina, Saskatchewan S4S 2N9 28 WESTERN CANADA LAND SALE and DRILLING RIG REVIEW September 2014 Land Sale Data 5000 BriƟsh Columbia Alberta Saskatchewan 4500 4000 3500 3000 Average $/Ha Total Ha Sold Average $ / Ha BC 13,432 $1,858 AB - Foothills 19,195 $286 AB - Plains 27,466 $247 AB - Northern 52,672 $615 SK no sale AREA Manitoba MB no sale NOTE: Numbers are rounded 2500 2000 1500 1000 500 0 Drilling Report for Last 5 Years Drilling Rig UƟlizaƟon Rate 70% 60% 50% 900 800 40% 700 600 Drilling 500 Down 400 Total 300 Total Down Drilling 200 100 0 September 2009 September 2010 September 2011 September 2012 September 2013 September 2014 30% UƟlizaƟon Rate 20% 10% 0% September 2009 September 2010 September 2011 September 2012 September 2013 September 2014 THE EXPERTS IN LAND ACQUISITION AND MANAGEMENT SERVICES. LandSolutions LP #200, 601 - 10 Ave SW Calgary, AB T2R 0B2 1-866-834-0008 www.landsolutions.ca Student’s Corner Note: From May to August, 2014, the Petroleum Land Management (PLMA) students took a break from their intense classes to gain valuable summer job experiences in the oil and gas industry. As a result, this article refers to events that occurred in March, 2014. Crown Land Sales and Freehold Mineral Leasing The 2013/2014 school year ended with a bang! The Petroleum Landmen Undergraduate Society (PLUS) hosted the final event of the year, PLUS Industry Night. This event took place on March 26, 2014, and centered on a networking session and a panel discussion. A variety of individuals were present at the event including the third and fourth year Petroleum Land Management (PLMA) students, in addition to new students interested in applying to the PLMA program. Also present were several Landmen from different companies who came to interact with the student groups. After taking some time to network over food and drinks, the audience sat down and listened SYNERGY LAND would like to remind to the panel members introduce all of our CAPL colleagues that we are ready and able to assist with your mineral leasing needs. Several of our agents are well versed in negotiating freehold mineral agreements, and we attend land sales in all of the Western Provinces. themselves. Following the introductions, the audience, which was mostly students, was able to ask the panel questions relating to the Land profession and the oil and gas industry. Some of the questions that were asked were: ‘What type of work will I be expected to do when I graduate?’, ‘What is the most important piece of Call James McCorquodale at (403) 930-3301, and our team will help you develop the budget and timeline for your 2015 mineral acquisitions. advice you can give us to help us become successful Landmen?’, and ‘What is the difference between a Contracts Landman and a Negotiating Landman?’ The volunteers who sat on the panel included: Greg Strachan, Team Lead, negotiators at Nexen Energy ULC; Sharlene Tamura, a Senior Landman at ConocoPhillips Canada, Kevin Koopman, Marketing/Crown Manager at Scott Land & Lease Ltd., Randy Berg, VP of Business Development and Land at Renegade Petroleum, Ltd., and Paul Negenman, of Lawson Lundell LLP, and a PLMA professor. Please note that as of November 1, 2014, Synergy Land Services Ltd. will be located at: 200, 2710 – 17 Avenue SE Calgary, AB T2A 0P6 The PLMA student group would once again like to thank these volunteers for taking the time to provide us with some THE NEGOTIATO R / NOVEMBER 201 4 additional guidance with respect to this career. We look forward to learning from you further and possibly working with you sometime in the future! Stay tuned for more from Student’s Corner! Dinora Santos Fourth Year PLMA Student 30 m Pursuing Perfection www.synergyland.ca | 1.877.961.LAND (5263) The Social Calendar Event DATE TIME LOCATION COST (INCLUDING GST) CONTACT NAME CONTACT PHONE CONTACT EMAIL REGISTRATION DEADLINE CAPL November General Meeting 13-Nov-14 5:00 PM The Westin $52.50 for Student Members $105 for non-Members Kaitlin Polowski (403) 237-6635 [email protected] 6-Nov-14 CAPL Christmas Networking 10-Dec-14 04:00 PM Calgary Petroleum Club Free for Student Members $94.50 for non-Members Karin Steers (403) 237-6637 [email protected] 3-Dec-14 CAPL Ski Trip 30-Jan-15 TBD Lake Louise TBD Natalie Carson (403) 476-7530 [email protected] 23-Jan-15 * Please note: Registration forms can be downloaded from the CAPL website: General Meetings: http://landman.ca/events&meetings/general_meetings.php Social: http://landman.ca/events&meetings/social_events.php Providing Professional Land Surveying and Mapping in Alberta and Saskatchewan. Visit compassgeomatics.ca today! 1-855-356-0111 31 THE NE GOTIATOR / NOVEMBER 2014 The Right Direction CAPL Calendar of Events Dinner: 5:00 p.m. Where: The Westin 320 4 Avenue S.W. 5 5 5 Cost: Members: No Charge Guests: $105.00 (Includes GST) Student Members: $52.50 (Includes GST) Board Meeting Wednesday British Columbia Land Sale Wednesday Manitoba Land Sale Wednesday Contractual Issues Relating to Acquisitions and Divestments (am) Wednesday Principles of Contract Drafting and Interpretation (pm) Thursday Fiduciary Duties (am) Thursday Indian Oil & Gas Canada (pm) Tuesday Remembrance Day Wednesday Geophysics for Non Geophysicists Thursday Aboriginal Affairs (am) Tuesday 2007 CAPL Operating Procedure Wednesday Alberta Land Sale Wednesday Saskatchewan P&NG Regulations Thursday Saskatchewan P&NG Regulations Tue-Wed 1990 CAPL Operating Procedure Boot Camp Thursday Drilling and Production Operations m December 1 2 2 3 3 4 9 10 10 11 17 25 26 THE NEGOTIATO R / NOVEMBER 201 4 November 13, 2014 Speaker: Mark Milke, Ph.D. Author, policy analyst and columnist November 4 Tuesday 5 6 6 11 12 13 18 19 19 20 25, 26 27 32 November Meeting Saskatchewan Land Sale Tuesday Board Meeting Tuesday Drilling & Production Operations Wednesday Alberta Land Sale Wednesday Professional Ethics: Case Studies for Landmen Thursday Preparing for a Surface Rights Board Hearing (PSL®) Tuesday Overcoming the Five Dysfunctions of a Team Wednesday British Columbia Land Sale Wednesday Directive 056: AER Energy Development Applications Public Consultation Requirements (PSL®) Thursday Negotiation Skills for Surface Land Agents (PSL®) Wednesday Alberta Land Sale Thursday Christmas Day Friday Boxing Day m Monday All student members and guests will be required to purchase a ticket. Registration form is available on the CAPL website. Email responses to Kaitlin Polowski at [email protected]. Please purchase tickets prior to noon on November 6, 2014. m December Meeting December 10, 2014 CAPL Christmas Networking Reception: 4:00 p.m. Where: Calgary Petroleum Club 319 – 5 Avenue S.W. Cost: Members: No Charge Student Members: Free (Designated Meeting) Guests $94.50 (incl. $4.50 GST) All members are required to confirm their attendance by email. Only guests are required to purchase a ticket. Guest tickets will be sent to the member with an invoice. Jacket required (no jeans or T-shirts) please. Registration please email [email protected]. Please confirm your attendance by emailing before noon on December 3, 2014 m NOW THIS CAN BE BOTH THE BEFORE AND THE AFTER SHOT. The experts in Land Acquisition offer Environmental Services as well. Picture that. An A to Z solution that is far more efficient and effective, making your life so much easier. Join the industry leaders who count on us for expert solutions. Call 1-866-834-0008 or visit landsolutions.ca and relax. Warning: Our data has gone mobile (You may never return to the office) Now, get geoLOGIC’s value-added data almost any place, any time, any way you want it. Available through gDCweb on your tablet, smartphone or computer. With 30 years of data experience behind it, gDC is the source for high quality, value-added well and land data from across Western Canada and the Northern United States. Another plus – our data is accessible through an expanding range of industry software utilizing our own easy-to-use gDC GIS and our geoSCOUT software. View, search, import and export well, land and production data, documents, logs and more from almost anywhere. For more information visit our website at www.geoLOGIC.com Leading the way with customer-driven data, integrated software and services for your upstream decision-making needs. geoSCOUT | gDC | petroCUBE at www.geoLOGIC.com
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