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
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Advertising Co-Editors
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[ph]
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[ph]
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[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
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290-3683
517-6822
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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
dgrieve@landman.ca
Karin Steers, Office Administrator ksteers@landman.ca
Irene Krickhan, Office Administrator ikrickhan@landman.ca
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
rockfordland@shaw.ca
➣ 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 alerts@thackrayburgess.com
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
dgrieve@landman.ca, 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 dgrieve@landman.ca
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 landman@ucalgary.ca
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
mail@midwestsurveys.com 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: brad@rangerland.ca
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
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