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WHO OWNS COALBED METHANE?Janice Buckingham provides insightinto the nature of competing claims tocbm ownership and the circumstances inwhich such claims could arise. PAGE 6
AIPN UPDATEThe Association of International PetroleumNegotiators has several model formsavailable, including the InternationalOperating Agreement and the InternationalAccounting Procedure. PAGE 17
COALBED METHANE OVERVIEWJacquie Currie explains what CBM is,reviews highlights of the history ofCBM exploration in the U.S., andexamines some of the land issues relatedto exploring for this resource. PAGE 2
CAPL24th AnnualConference
the
egotiatorT h 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 a t i o n o f P e t r o l e u m L a n d m e n
NMay 2002
The largest leaseholders in Canada use LANDMAN.
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most popular land management system can be accessed by anyone in yourcompany who requires information regarding your lands and their associated
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Land managers and administrators, geologists and accounting departmentswill all find that LANDMAN is a significant asset in managing the properties
that form the core of their business. LANDMAN can be linked to a host ofother geotechnical applications- accessing information can be
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ted to position our customers to take advantage of the e-Business evolution.
Applied Terravision provides a comprehensive suite of software solutionsthat include Geoscience Applications, Production Management, Land &
Facilities Management, Financial Accounting, and Oil and Gas Marketing.
Landmen With BroomsDave Laurie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Editorial HighlightsJan Peters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
Committees in ActionMike Miles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
Board BriefsElizabeth Burke-Gaffney, P.Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
Meeting AnnouncementsCAPL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Message from the ExecutiveGuy R. Anderson, P.Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Get SmartCAPL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Echoes of YesteryearAubrey Kerr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Negotiator HistoryDelona Butcher . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
Association of International Petroleum Negotiators . . . . . . . . .17
CAPL 2002 Squash TournamentDave Leslie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
Olds College Land Agent Program UpdateDoug Peters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
The Hope Roose Trust Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Roster UpdatesCAPL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
The Social NetworkCAPL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
2002 PLM Alumni Charity Golf Classic UpdateNathan MacBey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27
CAPL Calendar of EventsCAPL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
may 2002
The NegotiatorMONTHLY NEWS MAGAZINE OF THE
CANADIAN ASSOCIATION OF PETROLEUM LANDMEN
Senior Editorial BoardR.K. [Bob] Howard, P.Land – Editor-in-Chief
[ph] 303-8642 [fx] 233-7463Chris Bartole – Co-ordinating Editor
[ph] 699-5012, ext. 4012Delona Butcher – Feature Content Editor
[ph] 234–5393 [fx] 234-5947Calynda Gabel – Social Content Editor
[ph] 261-2377 [fx] 269-8355Jan Peters – Advertising Editor[ph] 290-2108 [fx] 290-2610
Jeremy Wallis – Regular Content Editor[ph] 290-3283 [fx] 290-2553
Rob Motherwell – Editor Emeritus[ph] 249-7334
Editorial StaffLinda Bernier [ph] 266-8200 [fx] 290-8200Harry Ediger [ph] 264-3959 [fx] 265-2227
Darryl Erickson [ph] 265-2230 [fx] 265-2227Michael Galvin [ph] 699-5636 [fx] 232-1678
Ryan Heath [ph] 218-8685 [fx] 269-5858Nathan MacBey [ph] 261-2382 [fx] 269-6089
Mike Miles [ph] 231-0241 [fx] 231-0310Philip Schnell [ph] 237-1130 [fx] 231-3650
Heather Telasky [ph] 268-7875Robin Thorsen [ph] 509-8182 [fx] 509-6565
Esther Watt [ph] 298-2813 [fx] 290-8147Barbara Wylegly [ph] 509-8281 [fx] 237-8213
PhotographersDalton Dalik [ph] 230-2105 [fx] 264-0147Dave Leslie [ph] 237-5570 [fx] 237-5568Dave Laurie [ph] 229-1500 [fx] 245-0074
Design and Production PrintingRachel Hershfield McAra Printing
SubmissionsSubmissions to The Negotiator should be sent in print-ready formto one of our Editorial Board. For a copy of our submission guide-
lines, please contact a member of our Senior Editorial Board.
DisclaimerAll 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.
AdvertisingFor information, please contact Jan Peters [290-2108].
No endorsement or sponsorship by the Canadian Association of Petroleum Landmen is suggested or implied.
CAPL OnlineThe website for the CAPL is: www.landman.ca
CAPL OfficeSuite 350, 500 – 5 Avenue S.W.
Calgary, Alberta T2P 3L5[ph] 403-237-6635 [fax] 403-263-1620
Denise Grieve, Office Managerdgrieve@landman.ca
Karin Steers, Office Administratorksteers@landman.ca
Ownership IssuesAffecting CBMDevelopment
Janice Buckingham
Land WithoutBordersBrian H. Birchall, P.Land
The CAPL 2002-2003Executive
CAPL
Coal Bed MethaneA.J. Currie, P.Land
the
egotiatorN
2
6
11
21
This Month’s Features
N Pa g e 2may 2002
The first thing most Landmen learn about Coal Bed Methane isthat water is good. The second is that margins are small.
Armed with this little information we may launch into the web in
search of information on this new resource: today nearly 10,000 sites
can quench our thirst for information compared to the five found a
mere two years ago. Corporate announcements and business headlines
consistently pronounce the growth of the CBM quest in our country.
Clearly CBM has become important to our industry as an international
and domestic resource that Landmen need to understand as we look for
future growth. This article will address some high level components of
this business.
What is CBM?Simply put, CBM is natural gas, generated and stored
in coal beds. CBM is a by-product of the coalification
process that is adsorbed to the internal surfaces of
the coal. This is different than the more conven-
tional sand type reservoir where natural gas fills or
migrates into pore spaces. Also adsorbed to the coal
are other by-products such as nitrogen, carbon diox-
ide with the cleat space being filled with water.
Cleats form the porosity in coal beds. There are typi-
cally three stages to achieving CBM flow in a well
which are illustrated in the following diagram.
In the first stage the sorbed gas in coalbed reservoirs is immobile.
Gas mobility is achieved by lowering the pressure on the formation
which results in desorption of the gas molecules. This is commonly
accomplished by removing water from the cleats. In stage two the free
desorbed gas diffuses through the coal matrix until it reaches the area
of lowest CBM concentration in the cleat. The CBM then flows through
the cleats to the area of lower pressure – in the illustration this is the
wellbore, but the flow could also be towards a mineface or outcrop.
Low pressures are required to maintain this flow.
Stage 1 Stage 2 Stage 3
Stage 3(enlarged)
Sandstone
Coal
Limestone
N Pa g e 3may 2002
The good news when looking to these new type of reservoirs is that
coal has the ability to store more than six times the volume of methane
than other conventional natural gas source rocks because of the large
area for storage. The amount of gas that may be found in Alberta’s coal
will be determined by many criteria including coal rank, quality, thick-
ness, depth of the seams, and permeability. Canadian resource
estimates vary widely from a low of 146 Tcf to a high
of 3000 Tcf of gas in place in the country. The lion’s
share of the resources are expected to reside in
Alberta followed by British Columbia and the East
Coast. Data is being gathered now by some of the
major CBM players, including Encana, MGV Energy,
Burlington, Talisman and Suncor that will, in time,
establish the true size of the prize in our country.
To get an appreciation of what our future CBM explo-
ration and production might look like, let’s take a
look at an overview of the United States’ experience.
CBM in the United StatesThe initial quest for production of methane from coal
seams was driven by the need for mine safety. The
world energy situation fraught with embargo issues further fuelled the
quest for security of supply. Tests were done early in the 70’s, by the
early 80’s 13 principal coal basins in the US had been evaluated. The
industry truly took flight with the introduction and expiry of the
Section 29 Tax Credits. The illustration below shows the significant
growth in the three best known basins.
119
40
60
20
352
115 7
22
0 100 200 300 400 500 600Tcf
MinimumGas-In-Place
MaximumGas-In-Place
British Columbia FoothillsAlberta FoothillsAlberta PlainsEast Coast
• Estimates vary widely–146 Tcf to over 3,000 Tcf
• 2001 Canadian Gas Potential Committee
0
200
400
600
800
1,00 0
1,20 0
1,40 0
1,60 0
1,80 0
2,00 0
81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98
Year
Emerging BasinsAppalachian BasinsWarrior BasinSan Juan
Producing CBM Wells
Annual CBM production (Bcf )
990
2,00 0
4,00 0
6,00 0
8,00 0
10,000
12,000
00
14,000U.S. Coal Bed Methane Production
N Pa g e 4may 2002
In an April 2000 publication by Morgan Stanley Dean Witter CBM
production from the mature and emerging basins was estimated to
surpass 2,000 Bcf/year by 2005. Congressional decisions on the
future of the Section 29 Tax Credits could impact this outcome, espe-
cially if the requested extensions are granted.
In CanadaWhen exploration for coal bed methane started in Canada there were
no equivalent tax credits or royalty holidays. What then drove the
quest? New technology certainly – previous attempts at CBM explo-
ration in our province had met with failure. Success in the US
brought technology that said “try again”. More than that, Canadians
too are looking for security of supply . The National Energy Board
has predicted that production from unconventional resources will be
required by 2008 to meet the increasing demands of our population.
With that, in 2000 several companies decided that there would be
an economic market and that we had the tools to be successful in a
new quest.
Finding coal beds and the CBM in them is not a challenge in Canada,
or specifically Alberta and British Columbia. Indeed we have thou-
sands of wells that have drilled through, identified and avoided coal
beds. The challenge for the explorer today is extracting the CBM in a
cost effective manner. To achieve economic CBM production there are
a number of risk factors to be addressed. For this article only
economic and some environmental issues will be discussed
Economic Issues
Mineral Land TenureOwnership of the resources is the first risk to manage - for details of
this complicated issue refer to the Legal Issues article in this publi-
cation. Given the current position of the Alberta Government with
respect to the ownership of coalbed methane it is recommended that
CBM exploration be conducted on Crown lands, or, on freehold lands
with granting documents from the owner of both the coal and natu-
ral gas rights.
In addition to the ownership issue, control of large contiguous
blocks of land are important at the early stage of exploration
because CBM requires significant infrastructure and multiple wells to
be economically viable. Given that most of the coals occur at shal-
lower horizons than the conventional reservoirs in the Western
Canadian Sedimentary Basin, most of the CBM rights are held by
multiple parties. At the 2001 CBM forum one landman was overheard
saying that, from the mineral ownership perspective alone, to
progress one particular exploratory venture 79 parties had to be
dealt with. This fact alone can be a significant impediment to the
launch, much less fruition, of a CBM program. In addition docu-
menting business arrangements when the exact outcomes may not
be known requires us all to revisit our conventional documentation
to refit it for this work. If exploration can progress, separate tenure
and industry form agreements will need to be addressed in the future
to encourage growth.
The final issue on tenure, continuation, will likely be determined
when spacing requirements are determined, and dewatering phases
defined. Industry will need to collaborate closely with their Lessors
to ensure regulations are met or amended.
CostsBecause of the limited information available initial costs for
exploratory wells can be high, in some areas nearing $800k per
well for the drilling, coring, testing and analysis of the first well.
Unlike the exploration programs we are familiar with, this first
well does not determine if a commercial success has been encoun-
tered, this is just the first step. After the exploration stage the
explorer must then decide whether or not to conduct a pilot
(usually a 4 well step out from the exploratory well) and then
proceed to dewater the reservoir for up to 18 months. Five wells,
no cash flow yet. After sufficient dewatering, and the costs asso-
ciated with those operations, the explorer should have a good
indication if there is sufficient reserves to build permanent infra-
structure and move to development – a point conventional gas
exploration can usually determine after one well. It can be
thought of as 5 wells to casing point.
Having moved to development mode, issues can still remain that may
make the project not commercial, such as, escalating water disposal
costs, lifting costs, and processing and transportation fees. The final
costs the explorer faces are the provincial or freehold royalty and tax
levies, all calculated from production that has recently been
projected to be in the 30mcf/d to 200mcf/d range.
Coal Bed Methane (continued)
N Pa g e 5may 2002
EnvironmentCBM is a sweet gas, no risk of H2S here. Small gas volumes may be
flared during initial stages, one person indicated it would look a bit
like your barbecue, perhaps a large one. The major concern will be
maintaining a small footprint in the community, utilizing existing
sites wherever possible, and responsibly managing water produc-
tion. Because exploration in our country is still at an early stage the
full scale of water issues is not yet known. We can expect to learn
from our neighbors to the south and plan for this issue now, in
collaboration with landowners and regulators, to ensure the prize
can be captured.
An interesting sidebar to CBM exploration may be the ability to
sequester carbon dioxide (CO2) in coalbeds. Coal has a better affin-
ity for CO2 than it does for methane resulting in the potential to store
four times as much CO2 in the coal than the volume of methane that
was originally in place. This affinity would also result in CO2 naturally
displacing methane from the coal resulting in increased production.
Although the future of Kyoto Protocol in Canada is not certain, CO2
sequestration could generate significant greenhouse gas credits in
the future.
ConclusionsOur industry seems poised, in the same way the US was in the 80’s,
to be on the brink of a new exploration era. Coal bed methane is a
technically challenging, high risk, capital intensive, modest return,
long term payout resource, whose time has come. There is far to go
and a multitude of questions to be answered before we can confi-
dently say what CBM will look like in Canada. One thing is certain
though, we will not find the solution to these challenges thinking like
conventional oil and gas explorers. It is time to collaborate within
our industry associations, and with the regulatory bodies to launch
CBM exploration’s next steps in a way that will benefit industry and
the people of our country.
Ms. Currie has been a member of the EnCana CBM team since it’s inception in 2000.
She gratefully acknowledges the contributions of team members Heather Telasky, and Chris
Mundy as well as input from EnCana’s JV partner MGV Energy Inc.
EnCana is one of the world’s largest independent oil and gas companies driven to be the
industry’s best-of-class benchmark in production cost, per-share growth and value creation.
Feeling the heat?
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N
N Pa g e 6may 2002
INTEREST IN CBM DEVELOPMENT IN ALBERTA HAS INCREASED
SIGNIFICANTLY OVER THE LAST FEW YEARS and the list of companies
involved in strategic joint ventures is growing rapidly. While there are
a number of unique aspects to CBM development that should be consid-
ered in any CBM joint venture, the focus of this article is on the nature
of competing claims to CBM ownership and the circumstances in which
such claims could arise.
While ownership contests can arise from a number of fronts, the owner-
ship contests with the greatest potential for conflict arise where
separate fee simple ownership of coal and natural gas estates governs
the same parcel of lands or where fee simple ownership of natural gas
and coal has not been separated, but prior leasehold grants for coal
and natural gas have been issued. In the latter scenario it would be
critical to determine whether the grant of a natural gas lease includes
CBM, or, if a prior coal lease had been issued, whether the granting
language in the coal lease is broad enough to include CBM.
Ownership of CBM remains an issue in these situations because it has not
been judicially determined in Alberta. In Little v. Western Transfer and
Storage Ltd.1, the court construed a leasehold grant of “all the said coal
together with the right to work the same”, and concluded that “the char-
acter of title to the coal was of a like character to that which would have
been given upon a lease of the surface, namely a lease of the property –
the stratum or strata – in which the coal was embedded, and not merely
an easement to take the coal”. If that case is correct, it would be a
reasonable inference that a lease of the coal seam would include what-
ever was contained therein, including CBM. That case was decided in
1922 and is inconsistent with the subsequent decision of the House of
Lords in Borys v. C.P.R. and Imperial Oil Ltd.2, in which it was held that
an oil and gas lease creates a profit à prendre (i.e. a right to enter the
lands and remove oil and gas therefrom), and not a leasehold estate.
The profit à prendre characterization established in the Borys case has
been confirmed in many subsequent Canadian judicial decisions.
It is also established law in Alberta that natural gas which is in solu-
tion with petroleum in a naturally occurring reservoir in its virgin state
is owned by the owner of the petroleum rights, not the owner of the
natural gas rights, because recovery occurs at the bottom of the well-
bore and changes in phase condition do not bring about a
corresponding change in ownership. (See Anderson v. Amoco Canada Oil
and Gas3 (appeal to the Court of Appeal pending); Prism Petroleum Ltd.
v. Omega Hydrocarbons Ltd.4; and the Borys case). In split title situa-
tions, it is open to the coal owner to argue that CBM is similar to
solution gas and, following the reasoning in the solution gas cases,
owned by the coal rights owner for the same reasons that solution gas
is owned by the petroleum rights owner. It is equally open to the natu-
ral gas rights owner to distinguish the solution gas cases and argue that
CBM is not a constituent part of the coal estate. The very nature of CBM
supports this argument and makes the natural gas rights owner’s claim
more compelling. Methane is the principal component of CBM and as I
am advised, is gaseous under initial reservoir conditions. CBM adheres
to, but does not form part of, the solid coal. On that basis, the natural
gas owner can argue that CBM is more analogous to natural gas found
in a gas cap on the top of an oil reservoir, which is owned by the owner
of the natural gas rights. (See Anderson v. Amoco above).
In Amoco Production Company v. Ute Indian Tribe5, the United States
Supreme Court held that the term “coal” as used in the 1909 and 1910 Coal
Lands Act does not include CBM. The rationale for this decision is that the
plain and ordinary meaning of the term “coal”, both in 1909 and currently,
is that coal is a solid substance and therefore does not include gases,
including CBM. Similarly, in Carbon County v. Union Reserve Coal Co.6, Inc.,
the Supreme Court of Montana ruled that a grant of coal rights did not
include CBM because CBM is not a constituent part of the coal estate.
In NCNB Texas Nat Bank N.A. v. West 7, the Supreme Court of Alabama
held that coal owners have “the exclusive right” to produce and own
CBM gas from horizontal boreholes and vertical degasification wells
drilled into the coal seam. However, to the extent that in the course
of mining such coal, the CBM escapes from the coal seam to a geolog-
ical zone above the coal seam, the owner of the natural gas rights has
the right to produce such CBM.
N Pa g e 7may 2002
There is also discussion in the U.S. cases and commentaries that an
owner of coal rights has the right to produce CBM as an incident to the
mining of the coal and is entitled to any of such CBM that it reduces
to its possession.
Both Alberta’s Department of Energy and the Alberta Energy and Utilities
Board (“AEUB”) appear to support a natural gas rights owner’s claim to
the CBM underlying its lands. Pursuant to Information Letter I.L. 91-11
released August 26, 1991, the Energy Resources and Conservation Board
(the “ERCB”) (now the AEUB) stated that CBM is considered by the ERCB
and the Alberta Department of Energy to be a
form of natural gas so that all Alberta
statutes and regulations that are adminis-
tered by the ERCB and the Alberta
Department of Energy that pertain to natural
gas, also pertain to CBM.
In split leasehold interest situations where
the Crown has granted both a coal lease and
a natural gas lease over the same parcel of
lands, the Alberta government considers
that a Crown coal lease does not grant rights
to CBM. Section 65(2) of the Mines and
Minerals Act (Alberta)8 states that “the
Minister, on the recommendation of the
Energy Resources Conservation Board, that it
is necessary to do so for safety or conserva-
tion reasons, may authorize the lessee of a
coal lease to recover natural gas contained
in a coal seam in the location of the coal lease”. A corresponding provi-
sion exists in section 4(2) of the Petroleum and Natural Gas Tenure
Regulations which provides that a lease or license of petroleum and
natural gas rights does not grant the right to natural gas in a coal seam
that the Minister has authorized the coal lessee to recover under
section 65(2) of the Act. These provisions would be unnecessary if an
Alberta Crown coal lease granted ownership rights in situ to CBM.
Given that approximately 80% of the mineral acreage in Alberta is
unpatented and owned by the Crown, the better view is that Crown
natural gas leases granted the right to produce natural gas, including
CBM. For Crown mineral rights which are patented (i.e. brought under
the Land Titles Act (Alberta) and subsequently reacquired by the Crown
(through Soldier Settlement Act, Tax Recovery Act, etc.), historical
searches would be appropriate to determine whether different parties
ever owned the natural gas rights separate from the coal rights, in
order to ascertain whether CBM was excepted from or reserved out of,
the transfer back to the Crown.
Challenges to the foregoing ownership contests are most likely to occur
in one of three ways: (i) by an action for a declaratory judgment of
ownership pursuant to Section 11 of the Judicature Act (e.g. sought by
a natural gas lessee prior to undertaking the risk and costs of CBM
exploration); (ii) by an action in tort for trespass and conversion (e.g.
by the coal owner if the gas owner proceeds without consulting them,
and likely after exploration or development
has proven some economic interest worth
protecting); or (iii) by an action for tempo-
rary or permanent injunction (e.g. when
either the coal or gas owner wants to
commence operations that are anticipated
by the other to have a significant impact on
such other party’s ability to realize on its
rights, in order to prevent threatened future
harm). To the extent competing titles or
interests exist which create opportunities
for judicial interpretation, it may be advis-
able for the coal and natural gas lessees or
fee simple owners, as applicable, to enter
into an agreement to provide for the orderly
development of their respective resources
in exchange for forebearing on their rights
to seek damages for trespass or conversion.
This would avoid the cost and delay of court
challenges to bringing on stream a resource that is already burdened
by capital and operating cost challenges that don’t exist for conven-
tional gas wells.
Janice Buckingham, Bennett Jones LLP
Ph: (403) 298-3402
Email: buckinghamj@bennettjones.ca
1. (1922) 69 D.L.R. 364 (Alta. S.C.A.D.)2. [1953] A.C. 2173. [1999] 3 W.W.R. 255 (Alta. Q.B.)4. [1994] 6 W.W.R. 585 (Alta. C.A.)5. #98-830, 1999 W.L. 3589616. 898 p. 2d 680 (Mont. 1995)7. 631 So. 2d 212 (Ala. 1993)8. R.S.A. 1980 c. M-15
“In split leasehold interest
situations where the Crown has
granted both a coal lease and a
natural gas lease over the same
parcel of lands, the Alberta
government considers that a
Crown coal lease does not grant
rights to CBM.”
N
N Pa g e 8may 2002
N
The 25th annual CAPL curling bonspiel was held at the Calgary Winter
Club on February 28, 2002. Once again, this event proved to be one of
the Association’s premier social events. The event continues to attract
the top athletes in the land profession. This year, the hardware was
presented to the following sliders.
1st Place: Bob Garies, Van McCullough, Greg Fisher, Mike Grosz
2nd Place: Tasha Pancoast, Mike Bellefeuille, Monica Wade, Drew MacQueen
3rd Place: Joanne Sipka, Rick Smith, Mike Anderson, Gjoa Taylor
4th Place: Levonne Louie, Barry Seniuk, Bob Cain, John Lawson
The biffy award was presented to the rink of Elizabeth Burke-Gaffney,
Larry Loomes, Ron Reid and Rob Weston.
On behalf of the 2002
Curling Committee of
Joanne Sipka, Ian Ross,
Mike Mork, Tasha Pancoast,
Mike Twomey, Jodi Whitlow
and Dave Laurie we thank
all the athletes and espe-
cially the event donors and
sponsors who help to
ensure that the event is a
success each year.
Button Sponsors:All-West Surveys (1982) Ltd.
Benchmark Land & Mineral Company Ltd.
Canada West Land Services Ltd.
Heritage Freehold Specialists & Co. Ltd.
McNally Land Services Ltd.
Meridian Land Services (90) Ltd.
Prairie Land & Investment Services Ltd.
Raymac Surveys Ltd.
Four Foot Sponsors:All-Can Engineering & Surveys (1976) Ltd.
Battle River Enterprizes Ltd.
Britt Resources Ltd.
The Cadastral Group Inc.
Caltech Surveys Ltd.
Canadian 88 Energy Corp.
Canadian Landmasters Resource Services Ltd.
Cavalier Land Ltd.
D.R. Hurl & Associates Ltd.
Divestco.Com
Focus Surveys
Fugro-SESL Geomatics Ltd.
Horizon Land Services Ltd.
IHS Accumap Ltd.
Lane Land Services Ltd.
McElhanney Land Surveys Ltd.
Midwest Surveys Inc.
Miller Thompson
Northcan Surveys Ltd.
Petroland Services (1986) Ltd.
Pioneer Land Services Ltd.
Scott Land & Lease Ltd.
Ramdar Resource Management Ltd.
Standard Land Company Inc.
Touchdown Land Consultants Ltd.
Western Land Services Ltd.
Landmen with Brooms
Scott Clapperton in action
Tim Louie contemplatinghis next shot The Winners: Van McCullough, Bob Garies, Greg Fisher, Mike Grosz
by Dave Laurie
Our feature articles for this month cover a
matter of increasing interest and attention –
Coal Bed Methane (CBM). First, Jacquie Currie
of EnCana Corporation provides an informative
article on the mineral land, economic and envi-
ronmental challenges being encountered in this
burgeoning field of exploration. The second article in this field is on
the topic of ownership issues arising through the development of CBM
from a legal perspective, as submitted by Janice Buckingham of
Bennett Jones LLP.
April saw the announcement of the incoming 2002–2003 CAPL
Executive. We, on the Editorial Staff at The Negotiator, wish them much
success in the upcoming year.
In this issue’s “Message from the Executive”, Guy Anderson, in his
capacity as Director of Professionalism, provides an insightful discus-
sion of the merits of the P.Land designation. Using such descriptors as
reputation, responsibility, pride, honesty and competence, this piece is
sure to speak to all.
Olds College checks in with an update on the recent changes to their
Land Agent Program. They have been working closely with industry in
the effort to reformat their delivery and the upcoming year’s full enrol-
ment would seem to be a reflection of this fact.
As for the social scene, this month’s issue is full of proof that the CAPL
membership has revved up for another great year of activities.
Inside you will find coverage of the curling bonspiel, squash tourna-
ment and ski trip, as well as updates from the organising committees
of the CAPL and PLM golf tourneys.
As another year of The Negotiator winds down, planning begins for the
one to follow. The Editorial board is always on the look out for enthu-
siastic volunteers to invest energy into the association’s magazine.
If you are interested in finding out more about this opportunity, we
encourage you contact any member of the committee.
Jan Peters
N Pa g e 9may 2002
Visit us at www.pioneerland.ca
COMPLETE LAND, ENVIRONMENTAL AND EMERGENCY RESPONSE SERVICES
FOR THE ENERGY INDUSTRY.
CALGARY T (403) 229-3969, F (403) 244-1202E pioneer@cadvision.com
EDMONTON T (780) 462-4486, F (780) 468-4325E lsmeland@pioneerland.ca
GRANDE PRAIRIE T (780) 532-7707, F (780) 532-7711E imcnary@pioneerland.ca
FORT ST. JOHN T (250) 785-0669, F (250) 785-0644TOLL FREE 1-800-439-7990E kfowler@pioneerland.ca
REGINA T (306) 584-3044, F (306) 584-3066TOLL FREE 1-877-584-7707E pioneer.land@sk.sympatico.ca
LLOYDMINSTER T (780) 871-0945, F (780) 871-0946E lsmeland@pioneerland.ca
THEY SPENT LONG DAYS
OPENING FRONTIERS,
BLAZING TRAILS,
STAKING CLAIMS,
AND SETTLING
THE LAND.
THE REALLY
TOUGH STUFF,
THEY LEFT TO US.
N
Editorial Highlights
This month Committees in Action focuses on the Technology Committee.
This group has been diligently working on numerous projects that all CAPL
members have benefited from, and will continue to benefit from into the
future. Thus, we should all be very appreciative of their efforts.
The Technology CommitteeThe Technology Committee has been working on enhancements to the
online roster over the last few months, preparing the data base as a tool
to move forward into an e-commerce driven world. They will be releas-
ing a new upgraded version of this database in the next few weeks,
which will resolve some of the bugs they found in the previous version.
The committee has recently been able to pull emails from the online
roster to send general meeting notices to our members. Moving forward
it is important for our members to utilize the online roster to update
their own personal information and to ensure their email addresses have
been input (the hardcopy roster will still be sent out to members).
By the second quarter, addresses for mail-outs will be taken directly off
the web roster, and the next development for our database will be online
registration.
Another step that the committee has taken is an initiative to sell adver-
tising on the website and advertising will be appearing very soon.
The Technology Committee has assisted the CAPL office in the purchase
of two new computers that have been a great help to the office staff.
They have negotiated a new contract for office technical support that
will not only save money but also improve service. They welcome our
new webmaster, Jessica Fung, who is assisting with the CAPL website.
The Technical Committee would welcome new volunteers to assist with
web enhancements and work towards technological advancement of our
member database. They appreciate feedback on our website and would
invite members to send emails via the “contact us” link on the website,
www.landman.ca. Please contact Gjoa Taylor at 699-7304 with any feed-
back or interest in joining The Technology Committee.
This column recognizes the fine work being performed by volunteer CAPL
members, on behalf of the Association, for the benefit of the industry as
a whole. A contact person has been identified, so you can offer your
views and input on any initiatives in process. Please address the appli-
cable contact person listed with any advice or concerns you may have.
Mike Miles
231-0241
Email: mike_miles@anadarko.com
Committees in Action
N
N
The selection of Ottawa as the venue for the 2002
CAPL Conference was a natural fit with the selec-
tion of our theme, Land Without Borders.
We wanted to consider our business from a multi-
tude of facets, not only from the aspects of cross
border issues of marketing and finance, but with
regard to the broader issues of security, culture,
and technology and how they affect our business.
Ottawa offers our Conference the opportunity to
come together in the nation’s capital, one of our
most attractive cities, and stay at the newly reno-
vated and beautiful Ottawa Westin Hotel.
The Program Committee is offering a strong selection of speakers and
panel discussions that are guaranteed to stimulate your thinking, and
possibly challenge your assumptions.
The Activities Committee has assembled an exciting array of activities
that will allow you to experience some of the treasures of our national
Capital while mingling with your colleagues.
Take a look at the enclosed brochure for details on all that the
Conference will offer. I am very excited about the entire program
arranged by this year’s Committee. Ensure that you submit your regis-
tration prior to the Early Bird deadline of June 14, 2002 in order to
qualify for the draw to be held at this year’s Networking night at
Cowboy’s on June 19th.
We invite you to join us in Ottawa.
Brian H. Birchall, P.Land
Conference Chairman
c on f e r e n c e c om m i t t e e :
Program Co-Chairs Jeremy Newton, P.Land
John Ediger
Marketing Chairman Ken Gummo, P.Land
Administration Chairman Carla Neumeier
Activities Chairman Ken Pretty
Finance Chairman Dennis Eisner, P.Land
Special Advisor Andy Gibson
l and without borders�
2 0 0 2 c on f e r e n c e u p dat e
N Pa g e 1 2may 2002
The key issues discussed and resolved at the CAPL Executive
Meeting on April 9, 2002:
• Lawrence Fisher provided one Associate and six Active
membership applications to the Board, all of which were
approved.
• Lawrence Fisher provided an update on the CAPL Member
Insurance Survey and provided the following comments:
• 243 completed surveys have been received.
• There is no clear consensus on the importance of insurance as a benefit.
• There is no clear consensus on whether members support the increase in dues
to cover insurance.
• The CAPL Board needs to examine the results and conclusions of the Survey for
member life and AD&D insurance coverage.
• The results of the Survey will be posted in the Negotiator and on the CAPL
website.
• Gjoa Taylor, Technology Director, advised that Jessica Fung has been hired for the
summer to maintain and enhance the CAPL web site. Other summer work will include
upgrades to the new online roster and testing for online registration.
• Dave Bernatchez provided the following update on Education:
• Two new courses were held in March, Northern Issues and a Senior Level ROFR
seminar. Both courses were well received, with registrations of 24 and 30
persons respectively.
• Overall attendance at courses, to date, has been good and has met expectations
for attendance.
• Suzanne Stahl advised that the Public Relations Committee has ordered promotional
items for sale, including CAPL belt buckles, which are available at the office for
$21.40, including G.S.T. Denim shirts have also been ordered and will be available
for purchase soon.
• In Dave Horn’s absence, Colin McKinnon submitted a Treasurer’s Report as at April 9,
2002 showing CAPL investments totaling $820,621.44 Canadian and $26,709.35 U.S.
with a cash balance of $56,410.36 Canadian and $1,738.63 U.S.
• Guy Anderson provided the following update on Professionalism:
• A P.Land exam was held on March 6, 2002 with all four candidates passing.
• The Committee is looking at the web site as a tool for re-certification credits
and is also looking at putting the P.Land exam on the website.
• The Committee has approved that effective immediately recertification will not
be required for Life Members.
• Colin McKinnon advised that the next General Meeting will be held May 22, 2002 at
the Palliser Hotel with the Honourable Mark Norris, Alberta Minister of Economic
Development as guest speaker.
• The June General Meeting will be a joint pre-stampede function with CAPLA
at Cowboys.
Elizabeth Burke-Gaffney, P.Land
Secretary/Director, Social
Board Briefs2001–2002
CAPL Executive
President
C.A. (Colin) McKinnon, P.Land[ph] 699-7305 [fax] 234-6671
Vice-President
C.A. (Carolyn) Murphy, P.Land[ph] 517-8794 [fax] 517-8798
Secretary/Director, Social
M.E. (Elizabeth) Burke-Gaffney, P.Land[ph] 264-7377 [fax] 266-6669
Director, Business Development
N.K. (Neil) Cusworth, P.Land[ph] 289-7396
Director, Communications
R.K. (Bob) Howard, P.Land[ph] 303-8642 [fax] 233-7463
Director, Education
D.J. (Dave) Bernatchez[ph] 231-1242 [fax] 571-8118
Director, Field Management
B.D. (Brad) Goodfellow[ph] 265-2230 [fax] 265-2227
Director, Finance
D.B. (Dave) Horn[ph] 290-2113 [fax] 290-3546
Director, Member Services
L.P.J. (Lawrence) Fisher[ph] 232-7622 [fax] 232-7429
Director, Professionalism
G.R. (Guy) Anderson, P.Land[ph] 221-0838 [fax] 221-0875
Director, Public Relations
S. (Suzanne) Stahl[ph] 571-5262 [fax] 571-5266
Director, Technology
G.L. (Gjoa) Taylor, P.Land[ph] 699-7304 [fax] 234-6671
Past President
K.F.J. (Kevin) Burke-Gaffney, P.Land[ph] 298-4403 [fax] 298-8444
N
May General Meeting
Guest Speaker – Honourable Mark Norris,Minister of Economic Development, MLA Edmonton-McClungWednesday, May 22, 2002
The Palliser HotelCocktails: 5:00 p.m.Dinner: 6:00 p.m.
Members must fax their response to the CAPL Office
(263-1620) by 12:00 noon, Friday May 17, 2002.
Tickets for guests are available from the CAPL Office at
a cost of $42.80 (GST included). Please contact the
CAPL Office (237-6635) for further information.
CAPL is very pleased to have the Alberta Minister
of Economic Development, the Honorable Mark
Norris, speak to the membership at the May 2002
General Meeting.
Minister Norris owned and operated a successful advertising and sign
manufacturing business prior to entering politics in March 2001.
He was elected to represent the Edmonton-McClung Constituency and
was quickly appointed to cabinet. Minister Norris is a proponent of small
business and understands the role of business in Alberta’s economy.
Both prior to and since his election Minister Norris has been very
involved in community work and is currently the Chair of the ABC
Headstart Program, an early intervention lifeskills and literacy program
for pre-kindergarten students and their families. He has been involved
with many community groups including the Downtown Rotary
Club, the Christmas Bureau, Grant MacEwan College and
the Boy Scouts, to name a few.
We look forward to hearing Minister Norris’
comments on many issues, such as the impact of
September 11 and the upcoming G-8 Summit on
Alberta’s economy.
Please join us on May 22, 2002 at the Palliser
Hotel to hear the Honorable Mark Norris.
Meeting Announcements
June General Meeting
CAPL & CAPLA 4th Annual Dual Networking Night and Pre-Stampede Party
Thursday, June 20, 20024:00 p.m. – 9:00 p.m.Happy Hour prices in effect
Location: Cowboy’s826 5th Street S.W.
Cost: No Charge for MembersGuests $15.00 including G.S.T.
Tickets include 4 drink tickets,Chuckwagon Chili, Beef on a Bun
and all the fixinsDoor prizes, corporate parties
Members must fax their response to the CAPL Office (263-1620) by
12:00 noon, Tuesday June 18, 2002. Tickets for guests are available
from the CAPL Office at a cost of $15.00 (GST included).
Please contact the CAPL Office (237-6635) for further information.
N Pa g e 1 4may 2002
Now in the 11th year of the Professional
Landman it once again has come time to
raise the battle cry. As one would expect, it
falls on the shoulders of the Director of
Professionalism to attempt to state the
value of becoming a Professional Landman
(P.Land) to our membership.
Being a professional gives you an identity, it gives you status, it
gives you a reputation and it gives you responsibility. Being a
Professional implies that you are competent, ethical, trustworthy
and knowledgeable. I would suggest to you that few landman would
not want to be viewed in this regard.
So why then are less than 25% of our members P.Lands? Some
factions within the CAPL view P.Lands as elitists. Members of an
elite, have high standards and a high level of competence, both of
these fall into the concept of being a professional. Elitists are defi-
nitely not professionals. What professionals are, are experts in their
field. Others feel they have more to lose than they have to gain.
How can you lose something you do not have?
Your Professionalism Committee is working towards attaining
provincial recognition of our profession just as engineers, geolo-
gists and geophysicists presently have. This in short will mean that
each and every Landman will one day have to become a P.Land or
face a reduced status within our industry.
In today’s competitive and ever changing environment it clearly is
becoming increasingly important for all Landmen to update and
expand their knowledge base. The CAPL Board of Directors put re-
certification in place effective January 1, 1999 to provide for the
mandatory continuation of professional development. Individuals
who do not improve their skills will soon be out of date. Would you
as a member of the CAPL like to be viewed as less than equal to the
other members of your exploration team? As witnessed by the Enron
debacle, society as a whole has higher expectations of professionals
today than ever before. I know our Association has a long and proud
history of honesty and trustworthiness. So why not help raise our
standards and provide the foundation for our future landmen.
We clearly have the opportunity to obtain the recognition the CAPL
so richly deserves.
The Professionalism Committee has worked very hard at putting
together a new exam that is challenging but a fair test for anyone
who has the qualifications to apply for the P.Land accreditation.
So why not investigate becoming a Professional Landman? If you
have the qualifications, take that step to distinguish yourself as a
professional, among the other professionals you work with every day.
As a reminder, for the many P.Lands who have not submitted their
required information to receive their re-certification credits, ladies
and gentlemen that January 1, 2004 date is rapidly approaching.
Please don’t wait until the last possible date to ensure your status
is maintained, Denise and Karen have many other important respon-
sibilities than just maintaining your re-certification credits.
The CAPL website has all the information one should require to get
those volunteer and course credits registered.
I would like to thank the members of the Professionalism
Committee: Sharon Gordon, Ted Lefebvre, Elaine Moses, Bev
Shatosky and Ric Crowe, for their fine work during the past year.
We all value the volunteers in our Association and this group
continues to fight the odds. I am also proud to announce that Jim
Moore, P.Land, a past president of the CAPL, has agreed to join our
Professionalism Committee to replace Bev Shatosky. My personal
thanks to both Bev and Jim.
As a matter of record, during 2001, the Board of Directors passed a
resolution that re-certification will no longer be required for Life
Members. This, I would suggest, is long overdue. These individuals
are among our most knowledgeable and esteemed members of our
Association and I for one can attest to these individuals’ profes-
sional standards.
The time has come to move forward so let’s do it together!
Respectfully submitted,
Guy R. Anderson, P.Land
Director of Professionalism
Message from the Executive
N
N Pa g e 1 5may 2002
The CAPL Education Committee is pleased to present the following courses:
Creative Negotiating
May 8 & 9, 2002
8:30a.m. – 4:30p.m.
This will provide the participants with the principles of the creative
negotiating model followed by discussions and practice sessions on
how to apply the model in order to achieve successful outcomes.
Cross-Cultural Relations With First Nations’ People, Part I
May 13 & 14, 2002
8:30a.m. – 4:30p.m.
This seminar will cover a brief overview of the issues and geographic
distribution of major aboriginal tribal groups of Canada. A “cross-
cultural tool kit” is developed which may be applied to understanding
lifestyle differences in any human community.
Acquisitions And Divestments – The Paper Chase
May 16, 2002
8:30a.m. – 4:30p.m.
Procedures, processes and tips necessary to properly time, evaluate,
create and disseminate the flow of paper, from beginning to end of an
acquisition, divestment or trade, will be covered.
Business Strategy For The Oil And Gas Industry
May 22 & 23, 2002
8:30a.m. – 4:30p.m.
This course will prepare participants to effectively contribute to the
decision-making process for investment opportunities in exploration,
development, and acquisitions. Economic evaluation and strategy
formulation techniques are presented from the project-specific to the
corporate-wide perspectives.
Oil And Gas Law
May 28 & 29, 2002
8:30a.m. – 4:30p.m.
This seminar will focus on complex legal issues (contractual, opera-
tional and environmental) which arise in the context of the oil and gas
industry. Instructors will review and discuss relevant case law and
recent judicial regulatory decisions affecting the industry. The course is
intended for senior industry personnel.
A Practical Guide To Title Review And Acquisitions
May 30, 2002
8:30a.m. – 4:30p.m.
This seminar will focus on the practical aspects of title and due dili-
gence reviews when acquiring assets in Western Canada. Suggestions
will be presented to make the title review process involving outside
counsel more cost effective and efficient and to enable you to interpret
the title opinion. Lastly, the process of deficiency rectification will be
discussed as well as alternatives for dealing with unresolved deficien-
cies within the context of the business deal and the Sale Agreement.
Fundamentals Of Exploration (An Interactive Workshop)
June 4 & 5, 2002
8:30a.m. – 4:30p.m.
This will provide an overview of the exploration business including
geological concepts, crown sales, deal making, exploration strategies,
drilling and the excitement of bringing in a “gusher”.
Guide 56/60
June 12 & 13, 2002
8:30a.m. – 4:30p.m.
The Board believes that appropriate notification and public consulta-
tion must be conducted well in advance of the submission of an
application to the Board. An “indepth” educational seminar which will
explore and amplify the full impact of the G56/60 requirement on all
land agents, land administrators and engineers as well as their compa-
nies who may be responsible for AEUB applications.
Well Log Analysis For Landmen
June 25 & 26, 2002 (Revised Date)
Day 1: 8:30a.m. – 4:30p.m.
Day 2: 8:30a.m. – 12:00p.m.
This seminar is designed for support staff who wish to have a qualita-
tive understanding of well logs. Candidates will learn to recognize
obvious zones of interest and understand the importance of the basic
log curves.
Get Smart
For further information or to register, please contact the CAPL by phone (237-6635) or email (dgrieve@landman.ca), or complete the registration form
provided on the blue insert and fax it to 263-1620. Please visit the CAPL website at www.landman.ca for full course descriptions.
N
N Pa g e 1 6may 2002
The following excerpt is the fifth in the series of historical accounts
by Oil & Gas Geologist and Historian, Aubrey Kerr.
Ray Walters – Planner Par ExcellenceA follow-up to a discovery well is usually located so as to extend the
reservoir. Not so at Redwater!
Imperial Redwater #2 well was deliberately located by Ray Walters,
Imperial Oil’s Chief Geophysicist, to be off-reef. (See plat).
Walters had Jack Armstrong (later to be President of Imperial Oil)
fabricate the reason for drilling: “separated from Imperial Redwater #1
by a structural low”. Ray felt the information from this dry hole was
sufficiently important for him to circumvent bureaucratic roadblocks.
This was typical Ray Walters, never taking anything for granted.
Tip Moroney, Imperial Oil’s Drilling Superintendent, was told to line
up a rig to start drilling. Imperial Redwater #2 spudded September
28, 1948. Imperial Redwater #1, completed September 26, 1948, had
drilled into a productive D-3 reef.
Results from the #2 were predictable – no D-3. It enabled Walters to
say without contradiction “now we know we have a reef”.
The geophysical information from #2 eliminated any guesswork in the
critical task of selecting Imperial’s lease blocks several months later.
Aubrey Kerr was Imperial Oil’s Leduc District geologist from 1947–1949. Hewas at the Leduc discovery February 13, 1947 and helped plan the 50thAnniversary held February 13, 1997. He is the author of several oil industryhistory books, titled Atlantic No. 3 1948, Corridors of Time, Leduc, Redwater,Judy Creek and Beyond and Corridors of Time II. In September of 1998, Kerrwas inducted into the Canadian Petroleum Hall of Fame.
For further historical accounts, stay tuned to The Negotiator. All of Kerr’s booksare available at $20 each, no GST at 912 – 80th Avenue S.W. (253-8900). N
Negotiator HistoryNews, views and excerpts from previous May issues
by Delona Butcher
1992The 1992 President’s Spring Ball was a raving success … so sorry to
those of you who missed it! The evening began with T&T Organettes,
who dazzled the guests during the champagne reception, certainly
the right way to start a festive affair! Once the guests were seated,
the program unfolded with the piping-in of the Past Presidents, 20 in
attendance (notably a larger contingent than ever before) followed by
entertainment by the delightful St. Lucia Youth Dancers.
(1992 President’s Spring Ball, Elizabeth Burke Gaffney, Chairman)
1996… Greg Strachan’s Member Services Committee was working on devel-
oping an award for CAPL members with 25+ years of service. The Board
has endorsed in excess of 160 such awards for all of these senior nego-
tiators which will have been presented at the March 19, 1996 Merit
Awards Night. The award is a beautiful gold lapel pin which features a
zircon for 25 years of service and an additional zircon for each and
every five years of continuous service beyond 25 years.
(Board Briefs, Jim Moore, Secretary)
1998Bob Bachynski advised that Gloria Boogmans of the Public Relations
Committee has reviewed the CAPL documents at the Glenbow Museum
and has suggested that the material be catalogued for future reference.
Bob further noted that the CAPL materials at the Museum are a matter
of public record and are no longer owned by the CAPL.
(Board Briefs, Kevin Burke-Gaffney, P.Land, Secretary)
N
N Pa g e 1 7may 2002
The Association of International Petroleum Negotiatorsis a non-profit, professional organisation founded in 1981 to
enhance the professionalism of its members through contin-
uing education, networking opportunities and promotion of
the understanding of negotiations work in the international commu-
nity. The AIPN now serves more than 1000 members world-wide helping
them to deal with the wide variety of legislation, agreements and
cultural/business styles that are encountered around the world.
AIPN Leadership,Structure andMembershipThe AIPN is governed by a volunteer
board of directors comprised of
association members committed to
participate actively in AIPN busi-
ness and activities during their term
in office. Board members are chosen
to represent the wide range of
professional backgrounds and
regional affiliations of its members.
The elected board includes seven
officers, eighteen directors and four
regional directors chosen annually
by the general membership. In addi-
tion, appointed committee
chairmen are encouraged to participate in board discussions as impor-
tant links between AIPN administration and the various committees that
provide the energy for most of the AIPN’s recognised accomplishments.
The concentrations of AIPN members around the world are served by
four regional chapters (United States, Canada, South America – SARC,
and Europe/Africa/Middle East/CIS – EAMC). Each regional chapter
promotes AIPN activities within the regions and provides networking
and educational opportunities for AIPN members in the regions
through meetings, informative programs and other activities. Activities
in each of the regional chapters are co-ordinated by a regional direc-
tor who is generally assisted by a steering committee.
AIPN membership is open to individuals primarily engaged in or
actively supporting the negotiations of commercial transactions relat-
ing to the international mineral and energy industries. The membership
includes representatives from energy companies, legal firms, other
support groups and governments. While AIPN membership is on an
individual basis, AIPN activities are made possible through the gener-
ous sponsorship of many organisations.
AIPN Website and CommunicationsThe AIPN website provides members access to all key AIPN informa-
tion and documents. For instance, an expansive membership directory
presents a comprehensive list of members which can be accessed
alphabetically or by affiliation. The website directory will also feature
in the coming months a host government section with complete
petroleum ministry and national oil company contact information.
A listing of AIPN officers, directors, regional directors and committee
chairmen, and each AIPN model form agreement are also included on
the website for ready reference.
The Advisor newsletter keeps
members apprised of AIPN initia-
tives, upcoming events, new
members and changes in members’
company affiliation or contact infor-
mation, as well as upcoming
licensing rounds, updates on country
laws and government contract
terms. Special interest articles are
featured as well. The Advisor is
available in electronic or paper copy.
An important opportunity for AIPN
members to communicate is
provided by the meetings held
within the regional chapters. Meetings of the United States and Canadian
regional chapters are held in Houston (on a monthly basis) and Calgary
(on a bi-monthly basis); meetings of the EAMC and SARC are held three
times a year at various venues within the regions. The meetings typically
feature guest speaker(s), a luncheon, brief association announcements,
and networking opportunities before and after the meeting.
AIPN Model FormAIPN’s Model Form international contractual agreements are tools for
negotiators that promote and facilitate sound transactions. At any
given time, the AIPN has drafting committees working on new Model
Forms or the updating of existing Model Forms. Sometimes the drafting
is done in collaboration with other professional associations.
The currently available AIPN Model Forms are the Confidentiality
Agreement, the International Study and Bid Agreement, the
International Operating Agreement, the International Accounting
Procedure, the Lifting Agreement and the International Consultant
Agreement for Business Development in a Host Country. In addition,
the International Petroleum Service Contracts, an update of the
Association of InternationalPetroleum Negotiators
N Pa g e 1 8may 2002
International Operating Agreement and a Secondment Agreement will
be published in the coming months, and work is starting on Farmout
and Pipeline Gas Sales Model Forms.
The Model Forms are intended to be balanced and cohesive and include
specific previsions (or alternative or optional clauses) desired by the
parties involved in the particular type of transactions represented by
the forms. These Model Forms are widely accepted and used in the
international oil and gas community.
Continuing Education, Conferences and NetworkingThe AIPN produces two major professional conferences annually, each
featuring influential key note speakers and a seasoned speaker panel
offering insight into emerging trends and issues impacting interna-
tional negotiators. These events also provide enjoyable forums for
networking and developing new business opportunities.
The Annual Meeting and Spring Conference is typically held in Texas, home
to many AIPN members and a key business centre for international energy
ventures. To take advantage of AIPN’s geographically diverse membership,
fall international conferences are held in major cities in other parts of the
world and have a regional educational emphasis and networking opportu-
nity. The 2001 international conference was held in Calgary (this is the
second time Calgary has hosted this conference) and the 2002 interna-
tional conference will occur in Paris from October 13-16. The theme of the
Paris Conference is the “Crossroads of Energy and Politics”. The 2003
International Conference will be held in Buenos Aires.
Additionally, the AIPN produces a summer workshop focusing on inter-
national agreements. These interactive workshops have sparked
discussions and debates among experts from multinational companies,
large and small, and host governments, which contribute to the devel-
opment and improvement of AIPN’s Model Forms. This year’s model
contract workshop will be held in Banff from July 8-10, and it will
focus on the Model Forms which are presently being finalised (update
of International Operating Agreement, the Secondment Agreement and
the International Petroleum Service Contracts) and the new Model
Forms (Farmout and Pipeline Gas Sales Agreements).
Other educational programs of the AIPN include the co-sponsoring of
training courses and seminars. An industry recognised course on
Upstream and Midstream E+P Contracts, cosponsored by the AIPN and
two sister organisations, is held annually in the fall. Last year, the orig-
inal course, focusing on basic upstream petroleum contracts, was
expanded to include midstream agreements. In addition, the AIPN co-
sponsors and supports a number of other conferences and seminars
with sister professional associations.
In 1996, the AIPN established a Publications Grant Program whereby
the AIPN offers an annual 7,500 USD grant to selected qualified
authors for preparation of punctual, thoroughly researched, papers on
industry issues of concerns to AIPN members. The resulting desk refer-
ences are becoming an important and valuable member and industry
resource. The AIPN also encourages and sponsors student participation
in AIPN initiatives through presentations at universities and student
participation at conferences.
Finally, as a service to its members, the AIPN offers an ongoing confi-
dential resume reference service for members seeking career changes
and companies recruiting negotiators.
If you would like to obtain further information on the AIPN or inquire about join-
ing the association, please visit our website at http://www.aipn.org or contact our
office in Houston (aipn@aol.com, tel.: 1-281-558-7715).
N
WWW.CANAM.COM (403)269-8887
The 2002 CAPL Squash tournament
took place March 9 at The Glencoe
Club, and once again it was a great
success. The competition was fierce,
the beverages were cold, the ice
packs were close by and luckily, the
physiotherapists went without
work! The CAPL Squash committee
would like to give special thanks to
all our sponsors and the enthusiastic crowd of competitors who continue
to make this a premier event.
CAPL Squash Committee: Pat Burgess, Brad Purdy, Don Austin, Steve
Ludgate, Kofi Prah, Troy Smith, Dave Leslie, Scott Clapperton and Elizabeth
Burke-Gaffney, CAPL Social Director.
First place: Dale Gorrie, Patrick Leslie and Winston Gaskin
Second place: Andy Issler, Justin Calon and Brad Johnston
Third place: Pat Burgess, Ken Broadhurst, Chris Bartole and Ann Young
Major SponsorsStandard Land Company Inc. Crape Geomatics
Thackray Burgess Enermarket Solutions Ltd.
Scott Land & Lease Ltd. Panther Mud Inc.
Horizon Land Services Ltd. AEC Oil & Gas
Burlington Resources Canada Energy Ltd. Geologic Systems Ltd.
Vintage Petroleum Canada, Inc. Brad Purdy
International Datashare Corporation Manta Sport Ltd.
SponsorsBenchmark Land & Mineral Company Ltd. Calico Land Services Ltd.
Cequel Energy Inc. Explorer Software Solutions
Cavalier Land Ltd. IHS AccuMap Ltd.
Can-Am Geomatics Corp. True North Land Services Ltd.
TransCanada Pipelines Limited Summit Resources Limited
NCE Resources Group Inc. Township Land Co. Ltd.
Maverick Land Consultants (87) Inc. All West Surveys Ltd.
Prairie Land & Investment Services Ltd. Baytex Energy Ltd.
Four West Land Consultants (1995) Ltd.
ContributorsTempest Energy Corp. Marathon Canada Limited
McElhanney Petroleum Surveys Ltd. Storm Energy Inc.
Midwest Surveys Inc.
N
CAPL 2002 Squash Tournament
L to R: Dale Gorrie, Winston Gaskin andPatrick Leslie
by Dave Leslie
Olds College Land Agent Program UpdateIt has been approximately a year since we last had
an article in the Negotiator. A great deal has
happened in the interim. In response to industry
we have reformatted the delivery of the Land
Administration major in the program from a two-year diploma to a one-
year (twelve-month) certificate. The certificate consists of eight months
(September to April) of formal education followed by a four month
industry practicum. We will be delivering the first cohort of students to
the industry for practicum placements this year. To date the response
from industry to practicum placements has been positive and we greatly
appreciate this. The second major in the program, the Land Acquisition
and Management major remains a two-year diploma and is doing well.
This major is already full for next year as of this March with a comple-
ment of 30 students.
In the summer of 2001 we hired Brian Christianson to be our full time
instructor in the Land Acquisition and Management major. Brian comes
to us with twelve years of direct land agent experience, primarily on the
utilities side plus ten years experience with Ducks Unlimited and Alberta
Fish and Wildlife. Lori Torgerson who is our land administration instruc-
tor has been working extensively on the reformatting of the land
administration diploma into a certificate and has done an excellent job.
We currently have 19 students in the certificate program and we have in
excess of 20 practicum placements. So thank you to the industry.
Curriculum development has been progressing full tilt for the last year. In
the certificate program we have rewritten or modified 10 courses.
This includes new courses in Land Office Simulation, Surface Rights Issues,
Contract and Mineral Administration, Land Accounting, Portfolio
Development, and Land Documentation for Alberta and for western and
northern Canada. On the land acquisition side we have modified eight
existing courses and rewritten a course on rural appraisal.
Changes include addressing Guide 56 and ADR, rewriting the section on
damages, inclusion of updated Surface Rights Boards hearings into courses,
introducing environmental field reports plus many other modifications to
meet industry needs. As well, Olds College has an arrangement with
Northern Lights College where we broker specific land agent courses to
them. We have modified 19 courses as part of our arrangement with them.
In conclusion we thank CAPL, CAPLA, the IRWA and the land agent
industry as a whole for their continuing support of the program. We look
forward to working closely with you to ensure that industry is continu-
ing to get the kind of highly motivated and trained paraprofessionals
needed. If you have any questions or comments about the program
please contact Doug Peters (Program Coordinator) at (403) 556–8278.
Doug Peters
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N Pa g e 2 1may 2002
N
A group of CAPL members have joined together in an effort to
raise funds for a longstanding CAPL colleague and friend. Hope
Roose has been an active member of CAPL since 1976 and has
been a mentor, colleague and friend to a vast number of our
members. The friends and associates of Hope J. Roose would like
to assist her in her current efforts to battle a life-threatening
disease. Hope is unable to avail herself of either long-term
disability or extended health care coverage. Unfortunately, the
treatments and medications associated with this effort are very
costly and day-to-day living costs must be dealt with at a time
when Hope is unable to work as a consulting landman.
A discretionary trust fund has been set up to assist Hope in
dealing with this extenuating palliative situation. If you care
to make a voluntary contribution to this trust fund, kindly
make your cheques payable to: The Hope Roose Trust Fund and
transmit same c/o:
Tony Woloshyn (Personal & Confidential)
Burlington Resources Canada Ltd.
3700, 250 – 6th Avenue S.W.
Calgary, Alberta T2P 3H7
We will be unable to provide tax receipts in this regard. If you
have any further questions regarding the fund, please contact
one of the individuals listed below.
Arlene Hamilton 861-6109
Maureen Huck 515-5757
Dan Slattery 225-2298
Tony Woloshyn 260-8227
While sensitive to the issues facing CAPL members, the editorial board
reserves the right to determine, on a case by case basis, the suitability of
any notice for publication.
The Hope Roose Trust Fund
CAPL Announces the 2002-2003 Executive
President Vice-PresidentC.A. (Carolyn) Murphy B.D. (Brad) Goodfellow
[ph] 517-8794 [fax] 517-8798 [ph] 265-2230 [fax] 265-2227
Secretary/Director, Social Director, Business DevelopmentT.J. (Tom) Emerson N.K. (Neil) Cusworth, P.Land
[ph] 260-2009 [fax] 233-9332 [ph] 289-7396
Director, Communications Director, EducationC.R. (Cindy) Rutherford, P.Land C.G. (Chris) Baker
[ph] 216-2510, ext. 127 [fax] 216-2514 [ph] 290-2762 [fax] 290-2440
Director, Field Management Director, FinanceR.K. (Bob) Howard, P.Land D.B. (Dave) Horn
[ph] 303-8642 [fax] 233-7463 [ph] 290-2113 [fax] 290-3546
Director, Member Services Director, ProfessionalismM.E. (Elizabeth) Burke-Gaffney, P.Land G.R. (Guy) Anderson, P.Land
[ph] 264-7377 [fax] 266-6669 [ph] 221-0838 [fax] 221-0875
Director, Public Relations Director, TechnologyC. (Chris) Koichopolos I.R.D. (Ian) Clark, P.Land
[ph] 750-7493 [fax] 303-1761 [ph] 205-6850 [fax] 205-6945
Past PresidentC.A. (Colin) McKinnon, P.Land [ph] 699-7305 [fax] 234-6671
CAPL OfficeSuite 350, 500 – 5 Avenue S.W.
Calgary, Alberta T2P 3L5[ph] 403-237-6635 [fax] 403-263-1620
Denise Grieve, Office Managerdgrieve@landman.ca
Karin Steers, Office Administratorksteers@landman.ca
N Pa g e 2 2may 2002
EnergyUpdate
on the MOVE
Roster Updates
Chris Bartole
Talisman Energy Inc.
To Nexen Inc.
Jason Chadwick
Rio Alto Exploration Ltd.
To Canadian Superior Energy Inc.
Debbie DeCoste
Petrovera Resources
To Independent
Sandy Drinnan, P.Land
Devon Canada Corporation
To Independent
Ed Grandan, P.Land
Independent
To Enerplus Group
Phil Haugen, P.Land
Conoco Canada Resources
Limited
To Independent
Dave Jacobus
Canadian Blackhawk Energy Inc.
To Independent
Dan Kell
Independent
To Anderson Energy Ltd.
Craig Kolochuk
Best Pacific Resources Ltd.
To Samson Canada Ltd.
Glenn Kruyssen, P.Land
Artemis Energy Limited
To Independent
Gary Peddle
Canadian Exploration Ltd.
To Cequel Energy Inc.
Cindy Rutherford, P. Land
Vintage Petroleum Canada, Inc.
To Progress Energy Ltd.
Greg Sawchenko
Devon Canada Corporation
To Independent
Chris Soby
Equatorial Energy Inc.
To Temple Exploration Inc.
Gerry Talbot
BP Canada Energy Company
To Independent
Ben Welmaker
Morris & Campbell
To Thompson & Knight, LLP
On the Movenew MEMBERSNew MembersThe following members were approved at the April 9, 2002 Executive Meeting:
Applicant Current Employer SponsorsActive
Brock Campbell Star Oil & Gas Ltd. Rick Gibbs
Don Hutton
Ron Sirois, P.Land
Tricia Gieschen Husky Oil Operations Limited Calvin House
Greg Strachan, P.Land
Brian Weston
Jacqueline Lamb Canadian Natural Catherine Docherty
Resources Limited Paul Lyzaniwski
Jim Mak
Kevin May Shell Canada Limited Jack Brown, P.Land
Joe Lamantia, P.Land
Jim MacLean
Catherine Roeske Imperial Oil Resources George Green
Avery Jubb
Tara McDonald
Barry Taylor Canadian Natural Ted Anderson
Resources Limited Larry Loomes
Noel Millions
Associate Member
Jennifer Newsome WestCan Petroleum David Hollenzer
Assets Ltd. Guy Jones
Gary Montgomery,
P.Land
Alberta land sale update
MARCH MARCH 2002 > $1000.00/ha
BONUSES
MARCH 2001 > $1000.00/ha
TOTAL # OF HECTARES SOLD IN MARCH
GRAND TOTAL
AREA 2001 2002
217,073
PLAINS 151,183 100,785
NORTHERN 249,641 108,175
FOOTHILLS 21,743 8,112
422,568
AVERAGE $/ha
MAR '01$263.34MAR '02$183.53
MAR '02$168.96
MAR '02$460.08
MAR '01$202.49
MAR '01$253.37
Medicine Hat
Calgary
Edmonton
Fort McMurray
High Level
11
10
20
30
102030
40
50
60
70
80
90
100
110
120
10201 11 102010
FOUR
TH M
ERID
IAN
FIFT
H M
ERID
IAN
SIXT
H M
ERID
IAN
Northern Area
Plains Area
Foothills
Area
HOT SALE AREAS
Edmonton
High Level
20
30
40
50
60
70
80
90
100
110
120
1102011020110
FOUR
TH M
ERID
IAN
FIFT
H M
ERID
IAN
SIXT
H M
ERID
IAN
Northern Area
Foothills Area
Calgary
11
10
102030
BON
USES
IN M
ILLIO
NS
$
2001
20020
BON
USES
IN M
ILLIO
NS
$
NORTHERN PLAINS FOOTHILLS
10
20
30
40
50
70
JAN
UARY
FEBR
UARY
MA
RCH
APR
IL
MA
Y
JUN
E
JULY
AUG
UST
SEPT
EMBE
R
OC
TOBE
R
NO
VEM
BER
DEC
EMBE
R
20
40
60
80
100
120
0
(2)
(2)
Total Average Bonuses Per Month
Total Average Bonuses Per Area (March)
Months( ) number of sales per month
Medicine Hat
Plains Area
Fort McMurray
140
180
200
220
240
60
(2)
(2)
(2)
(3)
(2)
(2)(2)
(1)
(1)
(2)
(3)
(2)
(1)
N Pa g e 2 6may 2002
The Fourth Annual CAPL Ski/Snowboard TripWith the return of some snow with winter this year, and some great
ski conditions everywhere, it was time to resurrect the annual CAPL Ski
Trip. After much debate it was decided to try out a new location and
Kimberley, B.C. was our choice. After a flurry of last minute partici-
pants, we were fully booked, and 41 skiers and boarders headed down
the road to Kimberley. It was fortunate that the trip was not any
further otherwise it would have been necessary to stop and re-supply
the bus with provisions for our hungry and very thirsty group.
When the bus unloaded us at the new Marriott Hotel at the base of the
ski lifts, it was quickly agreed by anyone who had been on previous
CAPL Ski trips that we were going to be treated to accommodations
which we were not accustomed to. When we got up in the morning we
were treated to a little bit of new snow and sunshine which made for
fabulous conditions. Some of our fellow skiers and boarders probably
did not realize it had snowed on Friday night by the time they made
it to the lifts! After skiing, a reception in one of the drinking estab-
lishments was held and a late dinner was arranged. A small group
exercised very poor judgment after dinner and headed downtown for a
trip back to the eighties with the locals.
Sunday turned out to be an even better day than Saturday with some
more new snow and bright sunshine, and again there were people who
might not have realized this new snow had happened. By the time we
left everyone had enjoyed some great skiing and riding and was look-
ing forward to a day back at the office for some well deserved rest.
A great trip like this is not possible without the support of our sponsors
and we would like to thank the following companies for their support:
Petroland Services (1986) Ltd. All West Surveys Ltd.
The Cadastral Group Inc. Scott Land & Lease Ltd.
AEC Oil & Gas Baytex Energy Ltd.
McElhanney Land Surveys Ltd. Can-Am Geomatics Corp.
Keenan Cannady
2002 CAPL Golf TournamentThursday, August 1, 2002Cottonwood & Carnmoney Golf & Country Clubs
Mark your calendar and plan your holidays around this year’s annual
CAPL Golf Tournament. This year it’s an all new format! The tourna-
ment will be played at the same time on the morning of Thursday
August 1, 2002 at both the Cottonwood and Carnmoney Golf & Country
Clubs (you drive past Carnmoney on the way to Cottonwood!). A meal
and prize presentation will then follow in the afternoon at
Cottonwood. This format will allow a greater opportunity to swap
stories and have a lot of laughs with more of our fellow “landman
hacks”! The format will remain the same as always, a 4-person team
Texas Scramble.
An entry form is included in this issue of The Negotiator. As you all
know, this event fills up fast, so be sure to get your entry form in early!
The deadline for entry is June 28, 2002. The tournament cost for this
year is $130.00 (including GST). Please note there will be no refunds
after July 19, 2002. Should you have any questions regarding this
year’s tournament, please contact any member of the Golf Committee.
Lorne Schaufert, Golf Committee Chairman
Phone: 699-4585, E-mail: lorne_schaufert@nexeninc.com
Wade Becker 232-1516 wbecker@crescentpointenergy.com
Joe Anderson 297-9146 joe_anderson@eogresources.com
Debby Rowland 231-1457 debbyr@qstr.com
Leanne Juneau 237-1668 ljuneau@talisman-energy.com
Michele Beitel 237-1563 MBeitel@talisman-energy.com
Brad Purdy 813-3444 bradpurdy@shaw.ca
Donna Bowles 517-6819 donnab@cnrl.com
Lorne Schwetz 517-6975 lornes@cnrl.com
Jeff McManus 261-6534 jmcmanus@scottland.ca
Geoff Cain 232-7606 Geoff.Cain@devoncanada.com N
The Social Network
N
Thanks to all those
golfers who submitted
their forms for the
upcoming 2002 PLM
Alumni Charity Golf
Classic to be held on July
19, 2002 at the beau-
tiful Canmore Golf
and Curling Club. Due
to overwhelming demand,
the 160 available spots
sold out in just two days!
Currently, the organizing committee is
looking into various alternatives to add more spots and reduce the
waiting list. Once details are finalized we will be contacting the wait-
ing list people via email. Those registrants who made the initial 160
spots will have their cheques cashed with remaining participants form-
ing the waiting list. Stay tuned to the Daily Oil Bulletin as teams will
be announced on Monday, July 15, 2002. For those golfers who cannot
attend the event, please contact any member of the organizing
committee as we will fill cancellations from our waiting list.
Thanks to everyone for their generous support!
2002 Board of Directors
Name Telephone
Nathan MacBey 261-2382
Craig Thomas 232-5531
Walter Vrataric 589-8204
Brad Purdy 218-6837
Keenan Cannady 267-5530
Dave Boisjolie 290-2956
Ryan Heath 218-8685
Chris Bartole 699-5012, ext. 4012
Kevin Koopman 261-6584
Gary Lebsack 213-7510
Jennifer McKennie 699-7306
Michelle Holt 232-4155
Cory Stewart 503-8633
John Lawson 231-6358
Marilyn Seward 262-7552, ext. 235
Jeremy Wallis 290-3283
Nathan MacBey
Chairman, PLM Alumni Charity Golf Classic
2002 PLM AlumniCharity Golf Classic Update
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N Pa g e 2 8may 2002
MaySunday Monday Tuesday Wednesday Thursday Friday Saturday
JuneSunday Monday Tuesday Wednesday Thursday Friday Saturday
1
2 3 4 5 6 7 8
CAPL Calendar of Events
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
Manitoba Land SaleAlberta
Land Sale
BCLand Sale
General MeetingBusiness Strategyfor the Oil & Gas
Industry
Oil & Gas Law
ExecutiveMeeting
NegotiatorDeadlineAlberta
Land Sale
NegotiatorDeadline
ExecutiveMeeting
Sask Land SaleFundamentals of
Exploration
CreativeNegotiating
In a competitive play, the difference between leasing the land or losingit can be the broker you choose! Find out why more and more success-ful oil and gas companies use Scott Land & Lease. For moreinformation call 261-1000 or visit us at www.scottland.ca.
Call us to discuss your next important play!
Gregg Scott , President
900, 202-6th Avenue SWCalgary, Alberta T2P 2R9Telephone: 403-261-1000Fax: 403-263-5263
EdmontonTelephone: (780) 428-2212Facsimile: (780) 425-5263
ReginaTelephone: (306) 359-9000Facsimile: (306) 359-9015
LloydminsterTelephone: (780) 875-7201Facsimile: (780) 808-5263
Grande Prair ieTelephone: (780) 513-8540Facsimile: (780) 513-8541
Brandon Telephone: (204) 727-1511Facsimile: (204) 728-1622
The Freehold Leasing Experts
Cross-CulturalRelations withFirst Nations’People – Pt. 1
VictoriaDay
A Practical Guideto Title Review
and Acquisitions
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