September 2005 - Canadian Association of Petroleum Landmen
Transcription
September 2005 - Canadian Association of Petroleum Landmen
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 September 2005 TOP 10 WAYS TO AVOID LITIGATION Do We Have An e-Deal? Education Committee Summer Student Perspectives Michael A. Thackray discusses the formation of contracts in the world of the internet, the world wide web and e-mail Don’t miss this new upcoming industry course being offered through the CAPL: Understanding Oil & Gas Start-Ups Meet three students who share highlights from their summer work experiences 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 Ken Gummo [ph] Advertising Co-Editors Clark Drader [ph] Tom Leakos [ph] Coordinating Editor Tom Hunter [ph] Feature Content Editor Cindy Cameron [ph] Regular Content Editor Cathy Mageau [ph] Social Content Editor Dave Boisjolie [ph] Editorial Committee Michael Anderson [ph] Calynda Gabel [ph] Kim Godard [ph] Kristy Halat [ph] Mark Innes [ph] Tim Lee [ph] Christian Lindved-Jensen [ph] Adrienne Petzold [ph] Brian Postma [ph] Sumir Saini [ph] Jarwin Martin 296-6044 THE NEGOTIATOR 537-1771 290-3683 517-6822 231-2353 517-6724 663-8490 260-1719 645-2452 699-5306 508-3577 233-1978 517-7269 237-2453 691-3163 260-6343 218-6882 Design and Production Rachel Hershfield, Folio Publication Design 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 Tom Leakos (290-3683) or Clark Drader (537-1771). 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. Features September 2005 2 Top Ten Ways to Avoid Litigation Dalton W. McGrath, Michael W. McGachen 10 Do We Have An eDeal? Michael A. Thackray 17 Summer Student Perspectives Dave Ingelson, Nicole Donaldson, Ian Welwood 23 AAPL 51st Annual Meeting and Conference Neil Cusworth, P.Land In Every Issue 7 Board Briefs 9 Message from the Executive 14 Get Smart 20 Roster Updates 2005–2006 CAPL Board of Directors President Guy Anderson, P.Land [ph] 221-0838 Vice-President Ian Clark, P.Land [ph] 205-6850 Secretary/Director, Social John Boone [ph] 261-4656 Director, Business Development Cam Weston, P.Land [ph] 231-7685 Director, Communications Ken Gummo, P.Land [ph] 296-6044 Director, Education Bob Mosoronchon [ph] 514-8010 Director, Field Management Terry O’Connor [ph] 538-5593 Director, Finance Cindy Rutherford, P.Land [ph] 539-1777 Director, Member Services Lenni Werner-Schmidt, P.Land [ph] 260-1699 Director, Professionalism Sue Kuethe, P.Land [ph] 716-7688 Director, Public Relations Robert Telford, P.Land [ph] 503-5265 Director, Technology Scott Nalder [ph] 264-1221 Past President Neil Cusworth, P.Land [ph] 289-7396 Suite 350, 500 – 5 Avenue S.W. Calgary, Alberta T2P 3L5 [ph] 403-237-6635 [fax] 403-263-1620 www.landman.ca Denise Grieve, Office Manager [email protected] Karin Steers, Office Administrator [email protected] Irene Krickhan, Office Administrator [email protected] 28 CAPL Calendar of Events 28 October Meeting Also in this issue 6 CAPL 9-Ball Pool Tournament 15 CAPL Continuing Education Bulletin 15 New CAPL Course 19 CAPL Merit Awards Correction 22 The Annual Student/Industry Softball Tournament 26 2005 PLM Alumni Charity Golf Classic 28 2005 CAPL Conference Top Ten Ways to Avoid Litigation Identify the Potential Problem Early into a successful class action on behalf of over THE NEGOTIATOR / SEPTEMBER 2 005 500,000 Consumers’ gas customers. The moral of Many class actions and other lawsuits are the result of not identifying the story is that even seemingly small issues can a potential problem early enough. Seemingly While companies need not adopt a crisis innocuous problems may devolve into diffi- management position to each minor problem that cult situations by failing to identify the issue may potentially involve litigation, there should be in the first instance. For example, in Garland a systemic reporting system which encourages v. Consumers’ Gas Co., (2004) 1 S.C.R. 629 (S.C.C.), potentially litigious issues to be reviewed. Ideally, Mr. Garland and his wife sued for $75.00 in late the reporting function should involve the corpo- payment charges between 1983–1995 complaining ration’s in-house or outside counsel which may that the charges violated the Criminal Code’s 60% render such communications privileged. maximum interest rate. That complaint devolved become significant problems. WRITTEN BY DALTON W. McGRATH MICHAEL W. McCACHEN LITIGATION PARTNERS BLAKE, CASSELS & GRAYDON LLP Whether the proactive solution involves either a monetary or non-monetary appeasement of the complainant, the time and expense in dealing with the issue will often be minimal compared to a lawsuit. Use a Proactive Approach to Rectification the dedication of significant resources. A number of preliminary This concept is married to the topic discussed above. The early applications are available to stop a lawsuit in its tracks. identification of any potential litigious matter is obviously of no One such application is a motion for security for costs which, benefit unless some approach to rectification is implemented. if granted, requires a plaintiff to post security for the taxable costs Seemingly innocuous complaints which have merit can often esca- which are likely to be incurred by the defendant resisting the late when the issue is not dealt with proactively, for example when action. Rule 593 enumerates specific instances where security for the complainant is ignored or treated with disrespect. Whether the costs may be ordered (e.g. where the plaintiff resides outside of proactive solution involves either a monetary or non-monetary Alberta, etc.), while Rule 593(1.1) provides generally that the Court appeasement of the complainant, the time and expense in dealing may order security for costs where it is “just and reasonable” to do with the issue will often be minimal compared to a lawsuit. so in the circumstances. Also, where a plaintiff is a corporation, the Court has jurisdiction under the Alberta Business Corporations Arbitrate Not Litigate Act (s. 254) to order security for costs when it appears that the Litigation in the normal course can be expensive and time corporation may be unable to pay costs of a successful defendant. consuming. Adverse publicity is often immediate and can have Other interim applications including striking out the claim (Rule a negative impact on a company’s share price regardless of the 129), summary dismissal of all or part of the claim (Rule 159) ultimate outcome. and other interim applications can sometimes reduce or entirely The Alberta Arbitration Act, R.S.A. 2000, c. A-43 says that a Court dismiss a claim in the early stages. must grant a stay of any Court proceedings if the parties have agreed to arbitrate disputes. Some plaintiffs have been able to Defensive Strategies Regarding Evidence defeat a stay motion by showing that the arbitration provision A “record” is defined very broadly in the Alberta Rules of Court and was “unconscionable” (see for example: Huras v. Primerica, [2000] includes both physical and electronic data that is capable of being O.J. No. 1474 (Sup. Ct.), leave to appeal denied [2000] O.J. No. 3772 reproduced visually or by sound or both. Both paper documents (Ont. C.A.)). That said, contracts containing mandatory arbitration and electronic records such as e-mails and telephone recordings provisions often allow a defendant to stay Court proceedings, are included. Anything relevant and material to the case must be including class action proceedings (see for example: Kanitz produced once a lawsuit has been commenced. v. Rogers Cable Link (2002), 58 O.R. (3d) 299 (Ont. Sup. Ct.)). A properly A number of defensive strategies can be implemented prior drafted arbitration provision in a contract can avoid costly litiga- to the commencement of legal proceedings not only to reduce tion and even certification of a class action lawsuit. the risk and costs associated with production of records, but to persuade a plaintiff there is no merit to their claim in the early The Best Defence Can be a Strong Offence stages. Employees should be instructed to assume that e-mails or For a relatively nominal filing fee, anyone can start a lawsuit which recorded telephone calls (used by many commodity trading compa- may require the disclosure of confidential documents and require nies) may be subject to the scrutiny of a counterparty or a Court. THE NEGOTIATOR / SEPTEMBER 200 5 The lack of proper documentation of agreements, occurrences and negotiations often creates ammunition for an opponent to allege a contrary version of events which may escalate into litigation. If there is a perceived problem or issue, records should never include merit, can be used by a litigant to demonstrate a failure to an admission of fault or liability. Conjecture, speculation or damag- protect an employee and to maintain a safe work environment, ing opinions should be avoided. Also, a formal document retention potentially resulting in increased damage awards. In many policy should be adopted because it is far more defensible to show cases, being able to show that a proper investigation took place that documents were discarded pursuant to an established program and that proper follow-up steps were taken can stem the tide in the normal course of business instead of on an ad hoc basis. of litigation before it starts. While the speed of e-mail communications has greatly transformed the pace of business, from your litigator’s perspec- Effectively Manage Staff tive, one big downside is that employees often say things in All employees have strengths and weaknesses. Where a matter e-mail messages that they would never say if the care was has become potentially litigious, having the wrong staff person as taken to prepare a letter. Where a matter has become identi- the point of contact with a potential plaintiff or class of plaintiffs fied as potentially litigious, control on e-mailing as part of can be disastrous. There is no hard and fast rule here, for example, the above defensive strategy regarding documents is not only some situations call for personal toughness while others call for prudent but critical. consensus building and mediation skills. Further, it is very often the case that the person most deeply involved in the background Proper Documentation to a dispute may not be the right person to attempt a resolution The lack of proper documentation of agreements, occurrences and once litigation begins to loom, despite their background knowl- negotiations often creates ammunition for an opponent to allege edge. The involved person often feels the need to vindicate prior a contrary version of events which may escalate into litigation. actions and this can restrict their effectiveness in dispute resolu- Quite often, a simple follow-up letter or internal memorandum tion prior to litigation. A liaison person who consults with the will greatly assist a corporation in addressing a complaint which person “on the ground” is often a wise choice. may not surface for many months, even years. Proper documentation can sometimes nullify complaints which would otherwise Consider Business Solutions to Legal Problems become lawsuits. Litigation is by its nature a costly, slow and imperfect process. It is equally important to document all resolution efforts. Litigating “on principle” is seldom particularly rewarding Inadequate follow-up on complaints or threats of litiga- because the process of getting to judgment day is often tion, evidenced by gaps in documentation, will be used by difficult and the “principle” can even get lost along the way. litigants to demonstrate that a proper investigation did not Of course there are exceptions, for example, where the reputa- occur, was not comprehensive or was managed half-heartedly. tion of key employees is involved, or even the public image of In employment cases, for example, the failure to fully investi- the corporation as a whole. It will often be the case, however, gate a compliant of harassment or bullying in accordance with that a practical settlement is preferable to protracted litiga- a company’s internal policies, even if the complaint is without tion settlement can be achieved where parties are carrying on Rockford Land Ltd. THE NEGOTIATOR / SEPTEMBER 2 005 ➣ Alberta Crown Sales Scott Clapperton ➣ Freehold Mineral Acquisitions [email protected] ➣ Surface Acquisitions Suite 119, 2526 Battleford Ave SW Calgary, Alberta T3E 7J4 287-3500 Rolling a small litigation problem into a much larger business deal is often an acceptable way to resolve a dispute without having to focus all of the parties energies on “who is right”. business over a broad horizon in which the litigious matters is and Enhancement Act, the Competition Act or other provincial but one aspect. Rolling a small litigation problem into a much or federal legislation, the mere public disclosure of an inves- larger business deal is often an acceptable way to resolve a tigation can cause severe harm to the public reputation of dispute without having to focus all of the parties energies on a company. In addition, such investigations and charges can spawn “who is right”. civil lawsuits. In most cases, investigations are preceded by inquiries or requests of information from a government department. An Ounce of Prevention some cases, it is often difficult to predict the full extent and Too often there is a nature of what the real concerns may be. Creating the proper reluctance to contact context to communication in those circumstances is critical. litigation counsel Moreover, understanding the motive and background behind before a matter has such an inquiry is key information which should be gathered at actually become liti- the outset. It is critical to have a strategy and protocols in place gious. phone beforehand to deal with government regulators, whether that call early may save inquiry appears routine or devolves into a formal investigation One While the purpose of such inquiries may be self-evident in a hundred worried calls later. Typically, and/or charges. m parties are reluctant Dalton McGrath is a litigation partner at Blakes in to contact litigation Calgary and is counsel in several high profile litigation counsel early because they are concerned that the complexity cases in the energy sector. Dalton has written several of the matter will require too much time to explain and often legal publications , serves on the Law Society’s Civil the circumstances are urgent. However, very often the contrac- Practice Advisory Committee and is an evaluator for the tual, tortuous or other principles of law that apply are not Canadian Centre for Professional Legal Education. themselves complex. Although there is no substitute for a formal opinion, well researched and firmly grounded in a complete understanding of facts, very often an early “smell test” can avoid creating a monster. Mike McCachen is also a litigation partner at Blakes in Calgary. Mike’s focus is on commercial litigation with a strong emphasis on energy matters. Mike has extensive trial experience in many energy related issues and Government Inquiries – Know Your Enemy/Motives is active in the Canadian Petroleum Law Foundation. Government regulators are increasingly given broader jurisdiction and ability to cause financial and other harm to corporations. Whether it is an investigation under the Environmental Protection THE NEGOTIATOR / SEPTEMBER 200 5 CAPL 9-Ball Pool Tournament The 8th annual CAPL 9-Ball Tournament was held Thursday May 19th at the Garage in Eau Claire Market and as in past years, a lot of fun was had by over 50 attendees and spectators. The winners at the end of the evening were as follows: Winners: David Bayne Brian Murray Runners up: Bill Macdonald Dick Fullerton On behalf of the committee members I would like to thank all of the participants, spectators and especially the sponsors listed below. A special thanks to the 2005 9-Ball committee which includes Clark Drader, Hank Radomski, Brad Purdy and Tyson Wik. Murray Wade Chairman Sponsors: All West Surveys Ltd. Bilmac Resources Ltd. Bristol Land & Leasing Ltd. Burlington Resources Canada Ltd. Cavalier Land Ltd. Devon Canada Corporation McElhanney Land Surveys Ltd. McNally Land Services Meridian land Services (90) Ltd. Miller Thomson LLP THE NEGOTIATOR / SEPTEMBER 2 005 Petroland Services (1986) Ltd. Prairie Land & Investment Services Ltd. Primewest Energy Inc. Ranger Land Services Ltd. Ridgeback Exploration Storm Energy Ltd. Thackray Burgess The Cadastral Group m Board Briefs The key issues discussed and resolved at the CAPL Board of Directors’ Meeting held June 4, 2005: •Cindy Rutherford submitted a Treasurer’s Report as at May 31, 2005 with proceeds going to the Alberta 4-H. The two draws will take place Sunday, July 17, 2005. showing CAPL investments totalling $854,208.94 Canadian and $27,053.47 •Guy Anderson advised that he and Neil Cusworth attended a U.S. with a cash balance of $45,096.65 round table planning meeting hosted by the Alberta Department Canadian and $4,091.80 U.S. of Energy on June 2, 2005. There was one transfer made since the last report; $30,000 was • Guy Anderson reminded Directors of the following: transferred from the T.Bill Account to the Current Account on May 10, 2005. •The next Board of Directors’ Meeting will be held in July or August. •Lenni Werner-Schmidt, Membership Director, provided four active membership applications to the Board of Directors, all of which were approved. •The next General Meeting is a CAPL/CAPLA Pre-Stampede Networking event on June 23, 2005 at Cowboys. m •Rob Telford, Public Relations Director, advised the CAPL will be a sponsor of the “Calgary Stampede Steer Classic 2005”. Raffle tickets will be sold for two separate draws for a Side of Beef THE NEGOTIATOR / SEPTEMBER 200 5 The key issues discussed and resolved at the CAPL Board of Directors’ Meeting held July 19, 2005: •Cindy Rutherford submitted a Treasurer’s Report as at •Ian Clark advised that Irene Krickhan has accepted fulltime June 30, 2005 showing CAPL investments totalling $964,208.94 employment with the CAPL Office effective July 1, 2005 as an Canadian and $27,053.47 U.S. with a cash balance of $61,787.23 Office Administrator. Canadian and $3,091.80 U.S. There were two transfers made since the last report; $50,000 was transferred on June 22 •Rob Telford, Public Relations Director, advised the “Calgary Stampede and $60,000 was transferred on June 30 to the T.Bill Account Steer Classic 2005” was well received and almost half of the tickets from the Current Account. Most of the cash was received for were sold for the two draws for a Side of Beef. Representatives from Conference registrations. the CAPL will be making a cheque presentation to the Alberta 4-H. •Lenni Werner-Schmidt, Membership Director, provided six • Guy Anderson reminded Directors of the following: active and two associate membership applications to the Board of Directors, all of which were approved. •Scott Nalder, Technology Director, moved and the Board of Directors approved, the purchase of a database server computer for office and database applications at a cost of $6,000. •The next Board of Directors’ Meeting will be held August 30, 2005. •The next General Meeting will be held September 19, 2005 at the CAPL Conference in Niagara Falls, Ontario. m John Boone •Terry O’Connor, Field Acquisition and Management Director, advised the Surface Land Certification Sub Committee has prepared a draft Road Map for Surface Land Certification. THE NEGOTIATOR / SEPTEMBER 2 005 The draft will be distributed for comments and revisions. Secretary/Director, Social Message from the Executive The road map includes the education requirements, periods of qualification and other pertinent requirements for certification of surface landmen. In addition to the above the committee has undertaken to Field Acquisition and Management update and review the Alberta Surface Lease Agreement and the Alberta Right-of Way agreement to denote the recent changes in The dynamics of this FAM committee are extremely va l u a b l e t o t h e CA P L members in that the committee is legislation and industry practice. addressing the many ‘industry surface’ with ABC company is all for naught. In the land business, it all starts with the surface lease acquisition that allows the drilling of the scientist’s idea. Without the surface lease acquisition the great farmout we just accomplished concerns of the public at large, CAPP, We are all in this together and we must provide every COADC, APEGGA, ASLA, IRWA & the landman, surface and minerals, with working relationships as industry in general. well as personal friendships. This committee has addressed and submitted to the CAPL All CAPL members should be aware that changes will be forth- directors, an outline of one segment of the CAPP request to coming within industry for surface landmen and will potentially have the CAPL become a registered member of the Professional impact CAPL members and we should all pay attention to these and Occupational Association Registration Act (POARA). That segment is the outlining of a ‘Road Map to Surface Land issues at hand. m Certification’ that is the primary request of CAPP et al for the Terry O’Connor certification of all landmen. Director, Field Acquisition and Management THE NEGOTIATOR / SEPTEMBER 200 5 Do We Have An eDeal? Common law principles of offer and acceptance, and the internet, THE NEGOTIATOR / SEPTEMBER 2 005 the world wide web and e-mail Some short time ago I wrote a very brief article under the title “Do We Have A Deal”. That article went to are authority for this proposition. But have the old the distinction between the creation of an enforce- internet, the world wide web and e-mail? Some able contract and the creation of a non-binding people have made this issue their life’s work. letter of intent. One response to this article was We will but here scratch the surface. common law principles of offer and acceptance been altered by the advent and operation of the an encouragement to write about the formation of Let’s establish an oil and gas hypothetical. contracts in the practical world … the world of the Your Company A, as farmor, had been negotiat- internet, the world wide web and e-mail. ing a farmout with Company B on lands which were soon to expire. Company A had a long list 10 So let’s go … do we have an eDeal? of parties wishing to farmin on this expiring But first back to the dull old world of my training. acreage but initially settled on Company B for a The legal premise and starting point is that subject number of reasons. Given the expiry date of the to a few thousand exceptions, a contract can come farmout lands, the spud date requirement was into existence only as the result of an offer and its imminent and because of the tight time frame, the WRITTEN BY MICHAEL A. THACKRAY acceptance. Many textbooks and very many cases fundamental terms and conditions of the farmout THACKRAY BURGESS were found in e-mails back and forth between Company A and the contract is made only when the acceptance of the offer is Company B. You think you have finalized the deal and send a actually communicated to the offeror. Applying this rule to our confirming e-mail to your colleague at Company B (the “offer”). farmout hypothetical, no contract arose as the acceptance was Your colleague at Company B sends a reciprocal and confirming never effectively communicated to Company A. e-mail back to you which you either never received or inadver- So in the internet battle of the rules and the exceptions to the tently deleted, if received without reading. Given the “no response” rules, is it the postal rule over the instantaneous acceptance rule, or no acceptance from Company B and as the expiry date was fast or vice versa? approaching, you quickly finalize the farmout agreement with But perhaps it doesn’t matter, for now enter Alberta’s Electronic Company C who subsequently drilled a very successful earning Transactions Act which was proclaimed in force April 1, 2003. well. Company B is meanwhile protesting that it has or had the There are any number of interesting provisions in this Act, but farmout deal and is entitled to some measure of compensation. attempting to remain grounded in our hypothetical, clause 30 provides in part: Was there electronic and effective acceptance by Company B of Company A’s offer? Time of sending of information or records in electronic In the “old” world and as once again established by numerous form judicial and academic authorities, acceptance has been defined as a final and unqualified expression of assent to the terms of an 30(1) Unless the sender and addressee otherwise agree, offer. Still in the old world, this action of acceptance was often information or a record in electronic form is sent when effected by delivery of a document signed by the accepting party. it enters an information system outside the sender’s In this manner acceptance of the offer was communicated to the control or, if the sender and the addressee use the same offeror. Ah, but here we go once again with exceptions to this information system, when it becomes capable of being old world general rule … the “postal rule”. This rule (or perhaps retrieved and processed by the addressee. more appropriately an exception to the general rule) has it that the time of acceptance should be when an acceptance is put into (2) Information or a record in electronic form is presumed the charge of the post office, regardless of whether or not such to be received by the addressee acceptance is ever received by the addressee from said post office, just so long as the reason for non-delivery can’t be traced back to (a) if the addressee has designated or uses an the party mailing the acceptance. Applying the “postal rule” to our information system for the purpose of receiv- farmout hypothetical, there would have been effective acceptance ing information or records of the type sent, when by Company B concurrent with the sending of the confirmatory the information or record enters that information e-mail and regardless of whether or not the intended recipient of system and becomes capable of being retrieved and the e-mail at Company A ever received or read the same. processed by the addressee, or But I am not done … . (b) if the addressee has not designated or does Enter the “instantaneous acceptance rule” where in circum- not use an information system for the purpose of stances of parties not being present at the same time and place receiving information or records of the type sent, and if “communication is instantaneous or near instantaneous”, when the addressee becomes aware of the infor- THE NEGOTIATOR / SEPTEMBER 200 5 11 So in the internet battle of the rules and the exceptions to the rules, is it the postal rule over the instantaneous acceptance rule, or vice versa? mation or record in the addressee’s information system within the control of the addressee, or where system and it becomes capable of being retrieved it is accessible to the addressee. However, people may and processed by the addressee. not check their e-mail regularly, especially if they have several addresses. The section says that if they designate On this provision, I think it best to quote directly from the an address, or use it for a purpose, then they will have a commentary on similar provisions within the Uniform Electronic duty to check that address for messages. Commerce Act: If the addressee does not designate or use an address for Computer communications usually depend on inter- the purpose for which someone wants to send a message, mediaries, whether privately contracted services like then the message is not presumed to be received until value-added networks (VANs) or public Internet service the address has notice of it, and is able to retrieve it and providers (ISPs) or others. On the Internet, messages process it. The section does not require actual retrieval travel in packets through unpredictable combina- and processing, in order to prevent people from prevent- tions of computers on their way to their destination. ing receipt by refusing to open messages that they could This complicates deciding when messages are sent and open if they chose to. However, the consent principle of received, and where. The law often makes it important section 6 continues to operate, so someone who is told to know these things. that an electronic message is available on his or her system may still be able to decline to deal electronically This section provides that a message is sent when it at all and insist that a writing requirement be satisfied leaves the control of the sender. This means effectively on paper. that the sender cannot recall it any more, whether from the original system or from some other system acting as Subsection (2) does not say “unless otherwise agreed”, as dispatch agent or computing service. If the sender and do subsections (1) and (3). This is in part because it is a the addressee are in the same system – say a big system presumption. Where a presumption applies rather than like sympatico.ca or aol.com – then the message is sent a rule, the parties may be able to agree to the existence when the addressee could retrieve and process it. of facts that qualify for the presumption, thus in effect THE NEGOTIATOR / SEPTEMBER 2 005 altering the burden of proof. If the addressee designates 12 The section provides a presumption, not a rule, on when a system by agreement or by conduct, that will lead a message is received. Current practices of storing and to a presumption of receipt. If the sender can show checking messages suggested that it was premature to that the message entered the designated system and create any rule about receipt. The UN Model Law deems was retrievable, the addressee may have trouble rebut- a message to be received when it enters an information ting the presumption. Parties may also agree on what The message was titled inconspicuously, in a way that did not suggest that it was a notice that had legal significance … the recipient did not read the notice until long after the notice was delivered. the addressee is capable of processing. Allowing for an tronic mail and its electronic variants on the way and manner agreement to make receipt easier to show, e.g. by agreeing we do business in the oil patch in Canada and the United States. that a message is received when sent, was not thought To my knowledge there have been no Canadian cases considering appropriate for electronic communications at this time. our hypothetical situation but as you can surmize, such day is not It may be that ISPs will not have the logs or other evidence of the time at which messages were received in too far off. m Thackray Burgess monitors current regulatory, their systems. Senders who really need to know for sure statutory and judicial developments in the energy sector. that their messages have been received will want to get Any such developments that could be of interest to oil and evidence of actual receipt, such as acknowledgements from the addressees. gas counsel or industry participants are widely circulated electronically and generally on a weekly basis as an “Alert and Update” at no cost to the recipients. Also available Critical to our hypothetical is that these provisions operate only from Thackray Burgess are indexed compilations of previ- to create a presumption, not a rule. The individual at Company A ous years (1999, 2000, 2001, 2002, 2003 and 2004) who was the “intended” recipient of Company B’s confirming and Alerts and Updates. If you would like to be added to our accepting e-mail has the ability to attempt to rebut the presump- email Thackray Burgess Alert and Update distribution list tion of receipt. How? Well it has been suggested by Cem Kaner, a and/or receive copies of the indexed prior year compilations, software specialist and lawyer to the U.S. Federal Trade Commission simply so request by email to [email protected] inquiry into consumer issues in electronic commerce: 1.The message did not actually reach the electronic mailbox from which the intended recipient selects, opens, and reads messages. 2.The message was titled inconspicuously, in a way that did not suggest that it was a notice that had legal significance, and because of this, the recipient did not read the notice until long after the notice was delivered (or never read it). 3.The notice was titled in a way that resembled the unsolicited electronic messages commonly sent by online marketers (spammers), or it appeared to have been sent by an organization that has a history of sending unsolicited electronic messages, or it had other characteristics that would make it reasonably likely that the message would be rejected or discarded by a junk mail filter that was configured by a reasonable person who adopted an aggressive strategy of filtering out spam, and the intended recipient did in fact either discard the message without reading it or used a filter that rejected or discarded the message before the person could read it. a presumed eDeal subject to Company A being able to rebut the presumption. All of which and as I say is just a primer and barely (if at all) scratches the surface of issues swirling about the advent of elec- 13 THE NEGOTIATOR / SEPTEMBER 200 5 So and in the end, Company A and Company B did likely have Get Smart The CAPL Education Committee is pleased to present the following courses: Alberta Crown Lease Continuation September 8, 2005 Production Agreements 8:30 a.m. to 4:30 p.m. NEW DATE October 7, 2005 8:30 a.m. to 4:30 p.m. An overview of the regulations and geological case studies This seminar will provide a detailed review of production agree- governing lease continuation will be provided in the morning, ments commonly used in conjunction with the production of and the afternoon session will provide a case study approach conventional oil and gas in Western Canada. The Petroleum to the Alberta lease application process with detailed exam- Joint Venture Association (PJVA) model Unit Agreement and ples of lease continuation packages. Unit Operating Agreement will be reviewed along with other operating agreements. AEUB Energy Development Application Guide 56 and Guide 60 – Public Consultation Requirements September 14 and 15, 2005 8:30 a.m. to 4:30 p.m. CAPL Royalty Procedure NEW DATE October 21, 2005 8:30 a.m. to 12:00 p.m. This seminar helps proponents understand the public consul- This seminar will involve a clause by clause review of the tation requirements, expectations of the AEUB and assists CAPL Royalty Procedure and will provide a practical explana- companies in completing the application or audit processes tion of particular clauses. Certain business issues that arise for regulatory compliance. in industry and that are uniquely addressed by the Royalty Procedure will also be discussed. Time permitting; the course Geology will incorporate hands-on exercises involving the application September 26 and 27, 2005 8:30 a.m. to 4:30 p.m. of the Royalty Procedure to business situations. It should be This seminar will provide an overview of geology as it applies to noted that a seminar on Royalty Agreements is offered on this petroleum exploration in Canada. Workshops and exercises are day in the morning. an integral part of the seminar. The instructor will review the geological exploration tools, models and concepts as they apply to oil and gas exploration in Canadian sedimentary basins. Royalty Agreements NEW DATE October 21, 2005 1:00 p.m. to 4:30 p.m. This seminar is designed to assist in interpreting and review- Understanding Oil & Gas Start-Ups (Part I) September 29, 2005 8:30 a.m. to 4:30 p.m. This seminar is targeted for more senior personnel of all disciplines within the industry that have an entrepreneurial spirit. ing royalty clauses and agreements. It should be noted that a seminar on the CAPL Royalty Procedure is offered on this day in the afternoon. m This course will provide you with the necessary tools to assist you in starting an oil & gas company. For further information or to register, please contact the CAPL office by phone at 237.6635 or email Natural Gas From Coal – Energizing Opportunities and Challenges NEW DATE October 3, 2005 8:30 a.m. to 4:30 p.m. in the 2005 CAPL Course Calendar which is industry who would be interested in a summary of coalbed available online at www.landman.ca. methane, the history and development of the resource and THE NEGOTIATOR / SEPTEMBER 2 005 forms and full course descriptions can be found This seminar is intended for any personnel in the energy methane. This course will provide an overview of coalbed its opportunities and challenges. Instructors heavily involved in CBM development will explore technical aspects of CBM, land, legal issues and concerns, types of CBM agreements, CBM regulation, water use, environmental concerns, royalty schemes, tenure and other emerging issues. 14 [email protected], or complete and return a registration form by fax to 263.1620. Registration CAPL Continuing Education Bulletin Discounts! For Seminar Attendees Effective September 1, 2005 New CAPL Course Don’t miss this upcoming industry course being offered through the CAPL : Understanding Oil & Gas Start-ups September 29, 2005 8:30-4:30 The course focuses in detail on “The Three Ingredients for Success”: 1. Management Management Benefits; Management Protection; 2.Time Career Cycles, Equity Market Cycles, Measuring Time Value; Corporate Cycles – exit strategies 3.Capitalization Single Attendee – multiple courses: A single attendee registering and paying for three (3) or more courses at once receives a 25% discount off the applicable registration fee for each course.* Private Equity Pools – Strengths/Weaknesses, Public Equity – Strengths/Weaknesses, Drivers Other topics covered include: •Mechanisms to Capitalization: Fundamentals of a Business Plan, Legal Counsel • Board of Directors/Officers •Fiscal: Preparing a Corporate Budget, Types of Budgets, Presenting budgets to the Board, Monitoring a Budget’s Multiple Attendees – 1 course: Five (5) or more attendees registering and paying together each receive a 25% discount off the applicable registration fee for that course.*m *Please note: must register at lease three (3) weeks before the course start date to obtain the discount. Implementation and Success. • Overview of Financial Reporting Please contact Denise Grieve at 237-6635 or [email protected] to register. Fee: CAPL Member $350.00 plus GST (Non-Member $400.00 plus GST) m THE NEGOTIATOR / SEPTEMBER 200 5 15 THE NEGOTIATOR / SEPTEMBER 2 005 16 Summer Student Perspectives Thoughts on a summer well done Many thanks to the following PLM students who volunteered to share After completing my first year in the PLM program their thoughts and perspectives on their experi- of knowledge about the oil and gas industry. ence as summer students. This knowledge has since been increased expo- at the University of Calgary, I had gained a wealth WRITTEN BY DAVE INGELSON NICOLE DONALDSON IAN WELWOOD I have had the opportunity to be involved with This year has been a wonderful experience this summer. for me. Over the summer, I worked in Nexen In addition to working with various contracts Inc.’s Canadian Oil & Gas Land Division, gaining and agreements, I was afforded the chance to sit valuable insight into the Landman profession. in on a variety of land related meetings, attend 17 THE NEGOTIATOR / SEPTEMBER 200 5 nentially thanks to the hands-on work projects Dave Ingelson As I look ahead to my final year of University, I cannot help but be excited to relate my newfound understanding of the oil & gas business to my classroom studies. the Prospect Exchange, and go to numerous networking events. Nicole Donaldson Dealing with administrative responsibilities and seeing the multi- Working as a summer land student at Talisman Energy Inc. was tude of roles a landman can assume has been an eye-opening an eye opening experience that allowed me to witness first hand experience for me. the inner workings of a Land Department. Although I learned The complexity of the industry can be overwhelming at times, basic land terminology and the fundamentals of geology in the but the support I continually receive from co-workers and other two introductory PLM classes that I recently completed, it wasn’t landmen is making me increasingly comfortable with the numer- until I had the chance to apply my knowledge and learn through ous challenges this occupation offers. experience that I developed an understanding of what my future As I look ahead to my final year of University, I cannot help career will actually entail. but be excited to relate my newfound understanding of the Talisman offered me a unique opportunity to work with two oil & gas business to my classroom studies. The combination different but interrelated departments over the summer: Mineral of work and school associated learning will aid my growth Negotiations and Contracts and Lease Administration. For the first as I strive to comprehend as many facets of the industry as two months I enjoyed working with a former PLM graduate who possible. showed me the day-to-day tasks associated with being a Negotiating This learning, along with the foundation that the Haskayne Landman. I learned how to prepare for land sales, track expiring land School of Business and Nexen have given me, will surely assist and create maps using Accumap. I also had the chance to work on my development as a Landman and help guide me in future a project that involved reviewing over three hundred deals, which endeavors. enabled me to learn about the numerous types and variations of agreements and the intricacies and complexities involved in each. 2005 EXPLORER™ Software Solutions Ltd. EXPLORE your options . . . September Update CS*EXPLORER© Integrated Oil & Gas Software CS*Image© Integrated Imaging CS*JointInterest© Service & Facility Agreements THE NEGOTIATOR / SEPTEMBER 2 005 We are looking forward to visiting with everyone at the CAPL Conference in Niagara Falls. Wishing all a great conference and safe travels. 18 EXPLORER Online Business Processes© Customized Online Policy & Procedure Manuals Oil & Gas Property Management Consulting • Information Management Services Product Support • Training Contact: John Pullar or Ken Holmes 800, 734 – 7 Avenue S.W. Calgary, Alberta T2P 3P8 p. 403.571.5263 f. 403.571.5266 www.explorersoftware.com Dealing with administrative responsibilities and seeing the multitude of roles a landman can assume has been an eye-opening experience for me. During my time with Contracts and Lease Administration, This tour not only gave insight into the actual production of natu- I had the chance to further broaden my knowledge by working on ral gas, but also instilled the importance of maintaining a positive such things as Notice of Assignments and Chain of Titles. Although corporate image and relationships with surface owners. I learned four months seems like a short amount of time, I learned so much that issues such as sound attenuation, site appearance, and the in that time and now I can return to school with a greater knowl- preservation of farmland exist and have a significant impact on edge and understanding of land that can be applied to my studies. surface negotiations. Although I gained valuable experience working on various Of course, the mentorship and invaluable industry experience assignments at Talisman, it was also a great opportunity to meet within EnCana improved my work term immensely. I worked with others in the industry and develop relationships and contacts driven people who make each day something to look forward to, with key individuals. In an industry where networking is so vital, and as a result I anticipate being able to use my experience in it is important that students have the opportunity to meet and learn from more senior land personnel. The positive experience upcoming studies and future work terms. m I’ve had at Talisman has made me excited about completing my final year of school and I look forward to a starting a profession in land in the near future. Ian Welwood Correction Heading into the summer with two Petroleum Land Management courses from the University of Calgary under my belt, I was eager to apply my newly acquired knowledge and gain industry exposure to the land profession. Working with EnCana Corporation has allowed me to do this, teaching me new skills and broadening my knowledge of the industry in the process. Exposure to meetings, deadlines, and teamwork has developed my understanding of day to day work life. Working in regions which are predominantly EnCana fee lands, I have been exposed to freehold leases, pooling agreements, expiries, and have gained In the June, 2005 issue of The Negotiator, the CAPL Award an understanding of confidentiality. I also had the opportunity to of Merit was inadvertently attributed with the incorrect name. assist in creating land schedules and verifying lands for holding and down-spacing applications. Apart from the day to day work, I was fortunate enough to go The correct recipient was Susan Healy. The editors regret the error and apologise to Ms. Healy. m into the field and tour well sites, compressors, and a gas plant. THE NEGOTIATOR / SEPTEMBER 200 5 19 Roster Updates THE NEGOTIATOR / SEPTEMBER 2 005 On the Move 20 Cathy Armstrong, P.Land ExAlta Energy Inc. Lorraine Grant, P.Land Lightning Energy Ltd. to Independent to Vault Energy Trust Mark Bahan APF Energy Group Garry Hides, P.Land Devlan Exploration Inc. to Anadarko Canada Corporation to Dual Exploration Inc. Chris Baker EnCana Corporation Shelly Hittle BP Canada Energy Company to Tristone Capital Inc. to Burlington Resources Canada Ltd. Wayne Boodoo Addison Energy Inc. Sharon Hokanson Shell Canada Limited to Trident Exploration Corp. to Independent Peter Brimacombe Hunt Oil Company of Canada, Inc. Shane Holden Forte Oil Corporation to Birchcliff Energy Ltd. to Bowood Energy Corp. Wendy Bursey Husky Oil Operations Limited David Horn EnCana Corporation to Canadian Natural Resources Limited to Tristone Capital Inc. Erin Buschert ARC Resources Ltd. Calvin House Husky Oil Operations Limited to Real Resources Inc. to Orleans Energy Ltd. Peter Carwardine Virtus Energy Ltd. Monte Hurt Husky Oil Operations Limited to Baycrest Energy Ltd. to Ketch Resources Ltd. Bernadette Clancy Apache Canada Ltd. Greg Johnson, P.Land 391774 Alberta Ltd. to NAL Resources Management Limited to Triton Energy Corp. James Condon, P.Land Talisman Energy Inc. Terry Johnson EnCana Corporation to Hunt Oil Company of Canada, Inc. to Endev Energy Inc. Ken Cruikshank Vaquero Energy Ltd. Debbie Kinnon Kinnon Services Inc. to Gold Coast Enterprises to EnCana Corporation Helmut Eckert, P.Land Penn West Petroleum Ltd. Jennifer Klotz Galleon Energy Inc. to Chamaelo Exploration Ltd. to Independent Tim Galbreath Bonavista Petroleum Ltd. Janice Langley Apache Canada Ltd. to Paradise Petroleum Inc. to Flagship Energy Inc. Wayne Geddes, P.Land APF Energy Group Jeff Leitl, P.Land Timing Energy Inc. to Rockyview Energy Inc. to Navigo Energy Inc. Shona Gillis NAL Resources Management Limited Chad Lerner Resolute Energy Inc. to Magnus Energy Inc. to Cordera Energy Inc. Greg Glenn Jerron Energy Ltd. Cherie Lomheim Burlington Canada Resources Ltd. to Regal Energy Corp. to Enerplus Group Greg Gonis, P.Land Independent Alan Lyon, P.Land Pengrowth Corporation to Timberrock Energy Corporation to White Fire Energy Ltd. Jaime MacRae Navigo Energy Inc. Sandra Seltsam Independent to Storm Exploration Inc. to Husky Oil Operations Limited Jim Mak Chamaelo Energy Inc. Allan Slessor Independent to Vault Energy Trust to Veteran Resources Inc. Jim McIndoe, P.Land TriLoch Resources Inc. Dwayne Spence EnCana Corporation to NuLoch Resources Inc. to Compton Petroleum Corporation Jeff McManus Direct Energy Resources Mike Stone MJ Stone & Associates Inc. to Navigo Energy Inc. to Real Resources Inc. Goran Mihaljevic Forte Oil Corporation Jim D. Thomson Argo Energy Ltd. to Thunder Energy Inc. to Sequoia Oil & Gas Ltd. Maureen Moore Lightning Energy Ltd. Robert Van Wielingen, P.Land Peregrine Energy Ltd. to White Fire Energy Ltd. to Rovan Resources Ltd. Jan Peters EnCana Corporation Aldo Villani Penn West Petroleum Ltd. to ARC Resources Ltd. to Independent Robert Pfeffer Samson Canada, Ltd. Robert Welch Penn West Petroleum Ltd. to Independent to Vault Energy Trust Lynn Reid-Bicknell Independent Robert Weston Linedrive Exploration Ltd. to Birchcliff Energy Ltd. to Trilogy Energy LP Glen Richardson Penn West Petroleum Ltd. Nancy Wilson, P.Land Canadian Natural Resources Limited to Independent to Apache Canada Ltd. Karen Riep Independent Brock Young Hawker Resources Inc. to Sequoia Oil & Gas Ltd. to Sequoia Oil & Gas Ltd. Dave Savage, P.Land Savage Management Ltd. Mary Zbrodoff Independent to Sebring Energy Inc. to Jaguar Land Group Jennifer Scott Independent to Artek Exploration Ltd. m Service, Dependability, Efficiency and Flexibility ... All Come Standard Freehold Mineral Leasing • Crown Land Sales • Surface Land Acquisition & Regulatory Compliance Suite 1300, 734 - 7 Avenue, SW Calgary, Alberta T2P 3P8 403.265.1116 www.standardland.com We make your job easier. 21 THE NEGOTIATOR / SEPTEMBER 200 5 • New Members The following members were approved by a Motion on June 4, 2005: ApplicantCurrent Employer Dugas, Dan Sponsors Apache Canada Ltd.Lavonne Dubois Clark Drader Stephanie Hay Lanaras, John Cavalier Land Ltd.Rob Drew Joe Iaquinta Aldo Villani Staples, Marty Trident Exploration Corp. Bob Funnell Gary Peddle Jeremy Wallis Thompson, Ryan Anadarko Canada Mark Bahan CorporationHelen Hudson Drew Tumbach The Annual Student/ Industry Softball Tournament m The following members were approved by a Motion on July 19, 2005: ApplicantCurrent Employer Sponsors Blackshaw, Brent MGV Energy Inc. Ken Gummo, P.Land Levonne Louie, P.Land Bruinsma, Alan Bob Mosoronchon EnCana CorporationRob Drew Bob Garies, P.Land Aldo Villani, P.Land Lamb, Chris Northrock Resources Ltd.Clark Drader Lawrence Fisher Skulsky, Adam Bill Macdonald, P.Land Devon Canada Dennis Eisner, P.Land CorporationLawrence Fisher Len Moriarity Sorge, Kendra Talisman Energy Inc.Dalton Dalik, P.Land Craig Haavardsrud Helen Klein, P.Lan Tamura, Sharlene Anadarko Canada Mark Bahan CorporationDennis Eisner, P.Land Michael Jennings Petroleum Landman Undergraduate Society (PLUS) Presents … The Annual Student/Industry Softball Tournament This event is the first opportunity of the 2005-2006 school year for local landmen to interact with students in the PLM Program at the Haskayne School of Business. The event will include food and refreshments as well as offer the opportunity to network in a non-industry setting. There will be approximately 40 spaces available so act quickly to reserve a place! To RSVP, or should you have any questions regarding this event or PLUS itself, please e-mail [email protected] When: September 30, 2005 1pm to 5pm Where: Renfrew Athletic Park Ed Corbett Stadium 814 – 13 Ave. N.E. Associate Galipeau, Jennifer Seaton-Jordan THE NEGOTIATOR / SEPTEMBER 2 005 Penny Jones We look forward to seeing you there! & AssociatesDale Jordan Cam Weston, P.Land Rideout, Scott Talisman Energy Inc.Chris Bartole Nick Markic 22 Gregg Scott m m The Petroleum Landman Undergraduate Society Left to right: Ian Clark, CAPL Vice-President, Kevin Burke-Gaffney, 2000-2001 CAPL President, Eric Hanson, 20002001 AAPL President, Jim Moore, 1999-2000 CAPL President, Tim Cumming, 1989-1990 CAPL President, Ted Lefebvre, 1998-1999 CAPL President, Guy Anderson, CAPL President, Neil Cusworth, 2004-2005 CAPL President AAPL 51st Annual Meeting and Conference WRITTEN BY NEIL CUSWORTH, P.LAND The American Association of Professional Landmen (AAPL) hosted spectacular Banff Springs Hotel. The torrential rainfalls and unseasonably cool weather in June their 51st Annual Meeting and Conference in Banff, let up just in time for conference delegates and PAST PRESIDENT, Alberta from June 27–July 1, 2005. With almost guests to experience the natural beauty of one of CANADIAN ASSOCIATION OF record attendance, over 800 AAPL members, CAPL Canada’s great natural wonders in Banff. PETROLEUM LANDMEN members, associates and guests converged on the 11:11 AM Page 1 Petroleum ad 1/14/05 PROFESSIONAL LAND SURVEYORS We Know the Territory [email protected] www.midwestsurveys.com CALGARY BROOKS EDMONTON ESTEVAN GRANDE PRAIRIE LLOYDMINSTER MAPLE CREEK MEDICINE HAT PEACE RIVER 23 THE NEGOTIATOR / SEPTEMBER 200 5 403 244 7471 • 1 800 387 3032 Jan Peters, Neil Cusworth, Guy Anderson, Carolyn Murphy The CAPL was proud to host an opening reception on the evening of June 27. Several CAPL board members and committee CAPL and AAPL delegates … great times had by all “Congratulations on a great Annual Meeting and Conference.” Eric Hansen, Past President AAPL volunteers were on hand at the Banff Park Lodge to welcome the AAPL delegates and guests to Banff. After the conference, the CAPL hosted a joint networking night at Heritage Park on Saturday July “Great 51st Annual Meeting! You put together a wonderful 1, attended by 240 CAPL and AAPL members together with their time. Your hard work is really appreciated. Your Heli- families. Once again, we were blessed as afternoon thunderstorms hiking trip was phenomenal!!. Unbelievable trip. Once in a blew past just in time for us to enjoy a great evening of networking lifetime. Thanks again for a spectacular time in Canada.” Scott Stone, Past President AAPL and the attractions that this historic village has to offer. A heap of thanks goes out to Jim Moore, Conference Chairman and the terrific committee of volunteers as well as the AAPL office “I wanted to thank you again for such a great week last staff who all worked very hard to make the 51st AAPL Annual Meeting week. My kids and I thoroughly enjoyed ourselves at the and Conference such a success. This is evidenced by the feedback AAPL events and in traveling and seeing the Canadian received since our American friends and guests returned home. Rockies. Many congrats also to your committee for the Annual Meeting.” Bill Rex, 2nd VP, AAPL “Just a quick note to congratulate you and the annual conference committee on a very successful AAPL event. I have heard nothing but good comments where everyone appears to have had a marvelous time, especially my family. Thanks for all your hard work, it showed in every detail.” Jack Richards, former 2nd VP, AAPL THE NEGOTIATOR / SEPTEMBER 2 005 Kevin Burke-Gaffney, 2000-2001 CAPL President, David Frye, AAPL President, Guy Anderson, CAPL President, Eric Hanson, 2000-2001 AAPL President 24 Once again, thank you to all the dedicated volunteers who worked so hard to make this event such an outstanding success. m THE NEGOTIATOR / SEPTEMBER 200 5 25 2005 PLM Alumni Charity Golf Classic Watch for next year’s tournament on July 21, 2006. Be sure to send your forms in early as this year’s tournament sold out in less than one hour. Thanks again to all participants and let the games begin for next year! Nathan MacBey Chairman Prize Bucket Sponsors: The 15th annual PLM Alumni Charity Golf Classic was held on July 22, 2005 to another sold-out audience Divestco of over 175 golfers. Sunny skies (with the occasional rain shower) The Cadastral Group Inc. Explorer Software Solutions Ltd. and great golf were on the scorecard for the day and once again no one left disappointed! This year we will again top $10,000 in Hole Sponsors: donations to our two charities of the Calgary Boys and Girls Club All West Surveys Ltd. and Calgary Reads. Many thanks goes to our generous sponsors Burlington Resources Canada Ltd. for their never-ending support in helping us improve the tourna- Cavalier Land Ltd. ment each year. Divestco Inc. THE NEGOTIATOR / SEPTEMBER 2 005 Congratulations to all the prize winners and thanks to all the 26 Galleon Energy Inc. generous companies who supported us with donations. Once McElhanney Land Surveys Ltd. again a huge thank you must be given to the organizing commit- Midwest Surveys Inc. tee who endured countless hours of organizing and planning for Paramount Resources Trust the tournament. Petrofund Corp. Petroland Services (1986) Ltd. Hot Dogs: Ranger Land Services Ltd. XI Technologies Inc. Shell Canada Limited Standard Land Company Inc. Ball Sponsor: Talisman Energy Inc. EOG Resources Canada Inc. Tempest Energy Corp. Touchdown Land Consultants Ltd. Breakfast Sponsors: Viking Energy Royalty Trust The Proactive Group of Companies Western Land Services Co. Ltd. Precision Geomatics Inc. First Tee Prize Sponsors: Dinner Sponsors: IHS Energy StarPoint Energy Trust Mike Galvin, Shelly Hittle, Paul Smith and Nathan Laviolette Scott Land & Lease Ltd. Driving Range Sponsor: Thackray Burgess Fugro Beat the Hack Sponsor: Cash Donations: Divestco.com Bear Mountain Golf & Country Club Sun Block / Bug Lotion Sponsor: Intrepid Energy Corporation LandSolutions Inc. Mission Oil & Gas Inc. Merle Norman – Market Mall Bus Sponsorship: Nexen Inc. Crape Geomatics Corporation Penn West Energy Trust m Jeff Leitl, JoAnna Bil, Jeremy Wallis and Derick Czember Drink Sponsors: Miller Thompson LLP Sleemans Brewery Wrangler West Energy Corp. Mulligan Prize Sponsors: Mancal Energy Inc. Mark Innes, Alison Neimi, Jodi Gosling, Nathan MacBey and Jeff Newcommon “Exceeding our customers’ expectations and promoting their profitability.” – Brad Goodfellow • Surface Land Acquisition • Crown Land Sales 1019 – 13 Avenue S.W. Calgary, Alberta T2R 0L5 Phone: (403) 228-0509 Fax: (403) 228-0840 Email: [email protected] www.rangerland.ca 27 THE NEGOTIATOR / SEPTEMBER 200 5 • Freehold Mineral Leasing CAPL Calendar 2005 CAPL of Events Conference September 5 Monday 7 Wednesday 8 Thursday 14 Wednesday Labour Day Holiday Reminder Alberta Land Sale If you haven’t already registered for the 2005 Alberta Crown Lease Continuation CAPL Conference in Niagara Falls – there are BC Land Sale still a few spots available. Please contact Denise 14-15Wed-Thurs AEUB Guide 56/60 18-21 Sun-Wed 27th Annual CAPL Conference 19 Monday 21 Wednesday 24 Saturday General Meeting 2005 Conference Early Bird Draw Alberta Land Sale At the June 23 Dual Networking night with Trap Shoot CAPLA at Cowboy’s, the winner of the two free 26-27 Mon-Tues Geology 29 Thursday Grieve at 237-6635 to register. Understanding Oil & Gas Start-Ups tickets anywhere Westjet flies within Canada was Bill Bint of Talisman. Congratulations Bill! October 3 Monday Natural Gas from Coal 3 Monday U of C PLM Reception 4 Tuesday Saskatchewan Land Sale 5 Wednesday 7 Friday 10 Monday 12 Wednesday 12 WednesdayProperty Thanksgiving Day Holiday BC Land Sale Trades, Acquisitions ThursdayCAPL Operating Procedures & Operating Issues 17 October Meeting Alberta Land Sale Production Agreements & Divestments 13 m MondayRights, Privileges, Responsibilities Tuesday, October 25, 2005 Speaker to be determined Cocktails: 5:00 p.m. Dinner: 6:15 p.m. Location: The Westin, 320 – 4 Avenue SW Cost: No Charge for Members, Guests $53.50 includes GST & Obligations Alberta Land Sale All members are required to confirm their attendance by return fax or Alberta P&NG Regulations email. Only guests are required to purchase a ticket. Any person with special CAPL Royalty Procedure dietary needs or food allergies should contact Karin Steers. Please fax or 19 Wednesday 20 Thursday 21 Friday 21 Friday Royalty Agreements email request and guest tickets will be sent to your office with an invoice. 25 Tuesday General Meeting Please confirm your attendance by faxing your response to the CAPL office at 25 Tuesday BC P&NG Regulations 27 Thursday Well Spacings & Holdings m 263-1620 before noon on October 19, 2005. m THE NEGOTIATOR / SEPTEMBER 2 005 The Freehold Leasing Experts In a competitive play, the difference between leasing the land or losing it can be the broker you choose! Find out why more and more successful oil companies use Scott Land & Lease. For more information call 261-1000 or visit us at www.scottland.ca. Gregg Scott, President 900, 202-6th Avenue SW Calgary, Alberta T2P 2R9 Telephone: 403-261-1000 Fax: 403-263-5263 Call us to discuss your next important play! Edmonton Telephone: (780) 428-2212 Terry Wark 28 L l oy d m i n s t e r Telephone: (780) 875-7201 H o wa rd Pa r k y n G ra n d e P ra i r i e Telephone: (780) 513-8540 Barb Raskauskas Regina Telephone: (306) 359-9000 M i ke Te m p l e t o n Fort St. John Telephone: (250) 787-2722 F re d B re u r ke ns ™ GEO3#/54DOESMOREWITHTHEDATA 3OTHEDATADOESMOREFORYOU geoSCOUT™ is the oil and gas information system that gives you more. More value-added data sets. FLEXIBILITY VERSATILITY More data functionality. More choices in data input. More ways to view and apply data. And more ways to support better FUNCTIONALITY business decisions – from the wellhead to head office. >> %ASYTOUSE7INDOWSBASEDGEO3#/54 ™ works with public and proprietary data. It delivers a browser and comprehensive analytical tool in one system. With powerful searching, mapping, reporting, graphing, analysis and proprietary information ™ management functions. 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