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The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple Rules Simplifying NOA Administration Dynamic Duo: Merit Awards Committee Update Bruce McFarlane & Janice Heard Honoured With Queens’ University Johnson Award New CSL/CML Professional Designations Also: Updates to PSL ® and P.Land ® Requirements EZRA LEVANT CAPL MANAGEMENT NIGHT JANUARY 17, 2013

NEGOTIATOR - Canadian Association Of Petroleum Lan · The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple

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Page 1: NEGOTIATOR - Canadian Association Of Petroleum Lan · The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple

The Magazine of the Canadian Association of Petroleum Landmen

January 2013

THE NEGOTIATOR

The Segregation Protocol: 5 Simple Rules

Simplifying NOA Administration

Dynamic Duo: Merit Awards Committee Update

Bruce McFarlane & Janice Heard Honoured With Queens’ University Johnson Award

New CSL/CML Professional Designations

Also: Updates to PSL® and P.Land® Requirements

EZRA LEVANT

CAPL MANAgEMENT NighTJANuARy 17, 2013

Page 2: NEGOTIATOR - Canadian Association Of Petroleum Lan · The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple

Michael A. Thackray, QCenergy

Richard Peterssecurities/m&a

Adam C. Maerovrestructuring and insolvency

Jeffrey J. Geibenergy

Kevin Plowmanfinancial services

Beau Zahraicorporate-commercial

Richard Joneslitigation, environmental & regulatory

Andrew E. Steadlitigation

Joan Dornianenergy

Calgary

Vancouver | Calgary | Toronto | Ottawa | Montréal | Hong Kong | mcmillan.ca

McMillan’s Calgary office welcomes new partners Adam Maerov, Kevin Plowman, Beau Zahrai, Andrew Stead and Richard Jones who add valued strength and experience in our insolvency, financial services, corporate-commercial, litigation, environmental and regulatory areas within the oil and gas industry. Building on over 20 years of recognized oil and gas leadership and valued relationships with CAPL, McMillan continues to be your trusted and experienced energy advisor and counsel.

new energy

Page 3: NEGOTIATOR - Canadian Association Of Petroleum Lan · The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple

Senior Editorial BoardDirector of Communications

Joan Dornian [ph] 403-531-4713Advertising Editors

Paul Cooper [ph] 587-952-3222 Colin Taylor [ph] 403-777-3347

Coordinating Editor Krissy Rennie [ph] 403-605-7005

Feature Content EditorMark Innes [ph] 403-818-7561

Regular Content EditorJared Frese [ph] 403-386-5471

Social Content EditorMark Horne [ph] 403-513-1403

Editorial CommitteeMeghan Hockaday [ph] 403-532-7486Gary Richardson, PSL [ph] 403-693-2288Tracey Stock [ph] 403-605-8038

Design and ProductionRachel Hershfield, Folio Publication Design

PrintingMcAra Printing

SubmissionsFor information regarding submission of articles, 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 Colin Taylor (403-777-3347) or Paul Cooper (587-952-3222). No endorsement or sponsorship by the Canadian Association of Petroleum Landmen is suggested or implied.

The contents of this publication may not be reproduced either in part or in full without the consent of the publisher.

2012–2013 CAPL Board of DirectorsPresident

Margaret Ariss [ph] 403-539-1107Vice-President

John Covey [ph] 403-650-3222Director, Business DevelopmentAlberta & British Columbia

Keely O’Neil [ph] 403-776-3452Director, Business DevelopmentSaskatchewan & Alberta Oilsands

Jan McKnight [ph] 403-290-3406Director, Communications

Joan Dornian [ph] 403-531-4713Director, Education

Kevin Egan [ph] 403-298-6194Director, Field Acquisition & Management

Jasone Blazevic, PSL [ph] 403-645-4865Director, Finance

Nikki Sitch, P.Land, PSL [ph] 403-290-3421Director, Member Services

Gloria Boogmans, P.Land [ph] 403-246-4173Director, Professionalism

Kent Gibson [ph] 403-698-8822Director, Public Relations

Chris Lamb [ph] 403-532-7447Director, Technology

Sally Jackson, P.Land [ph] 403-232-5570Secretary/Director, Social

Rob Mardjetko [ph] 403-213-3670Past President

James Condon, P.Land [ph] 403-819-2423 Suite 350, 500 – 5 Avenue S.W. Calgary, Alberta T2P 3L5 [ph] 403-237-6635 [fax] 403-263-1620www.landman.ca

Kaitlin Polowski [email protected] Grieve [email protected] Irene Krickhan [email protected] Steers [email protected]

Also in this issue

13 Management Night Speaker: Ezra Levant

14 36th Annual CAPL Curling Bonspiel

17 CAPL Spring Ball

25 2013 CAPL Squash Tournament

26 Olds College Land Agent/Land Administration Programs

30 CAPL Ski Trip

THE NEGOTIATORThe Magazine of the Canadian Association

of Petroleum Landmen THE NEGOTIATOR

Features January 2013

3 The Segregation Protocol: 5 Simple Rules

Michelle Radomski and Lynn Gregory

10 A Dynamic Duo: Janice Heard, B.Sc. and R. Bruce McFarlane, B.A., Receive Prestigious Queen’s University Award on November 14, 2012

Larry Buzan, P.Land

In Every Issue12 Board Briefs

15 The Negotiator’s Message From the Board: Education

18 Get Smart

20 The Negotiator’s Message From the Board: Professionalism

28 Roster Updates

31 The Social Calendar

32 CAPL Calendar of Events

32 January Meeting

32 February Meeting

Page 4: NEGOTIATOR - Canadian Association Of Petroleum Lan · The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple

When you choose Scott Land & Lease, you’re choos-ing the industry’s most established and experienced team. We combine full-service offices in key loca-tions across Western Canada with the most talented land service professionals in the business to deliver

the local knowledge and personalized service you need to secure the land for your important projects.

Call us or visit our website to learn more about our team, our philosophy and most importantly, our results.

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Calgary Edmonton Grande Prairie Lloydminster Regina Fort St. John

Left to Right: Kevin Koopman, Shaun Kozak, Jeff Burke, Gregg Scott, Greg Meidinger

Page 5: NEGOTIATOR - Canadian Association Of Petroleum Lan · The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple

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written BY

MICHELLE RADOMSkIVice President-Land, range roYaLtY ManageMent Ltd.

LyNN GREGORyManager, contracts and Land adMinistration, VeLVet energY Ltd.

since the reLease of the segregation ProtocoL in June 2010, and after hoLding nuMerous coMMunication sessions with industrY MeMBers to introduce and exPLain the ProtocoL, I am very surprised to hear that the issue of segrega-

tion, and now the proper application of the Protocol,

continues to be such a misunderstood concept.

The Protocol was developed as a common

sense approach to reduce the excessive amount of

“non-value add” administrative effort that was being

expended on identifying, debating and amending

the third parties to a notice of assignment (NOA).

The Protocol conforms to the fundamental legal

principles of novation, where contractual rights

and obligations exist only among parties having a

concern in the same matter. It has never been a

practical exercise to track third parties to lands in

which you have no common interest for the sole

purpose of serving a NOA, or for any such third

party to then receive and have to process that NOA;

nor has it been an effective use of our companies’

staffing resources to shuffle paper back and forth

because no one can agree on the third parties.

Although you are encouraged to read all the

Segregation Protocol documentation available on the

CAPLA website, there are just five simple rules that

need to be remembered and followed in order to

ensure greater certainty and efficiency for everyone,

every time that a NOA is served based on the Protocol.

Rule #1. Yes, you can serve a NOA to only parties

having an interest in the Segregated Blocks of land being

assigned!

Clause 2 of the Segregation Protocol states:

“When any notice of assignment (“NOA”) is

required to be served under an agreement with

respect to the assignment of a party’s interest in

a Segregated Block, such NOA shall name, as the

Current Third Party to Master Agreement, and be

served only to those parties having an interest in that

Segregated Block to which the NOA pertains.”

Rule #2. Yes, you can serve a single NOA to all parties

having differing interests in multiple Segregated Blocks

of land!

Clause 3 of the Segregation Protocol states:

“Notwithstanding Clause 2, if a party is disposing

of its interests in more than one Segregated Block

under an agreement, it may serve a single NOA to

all of those third parties holding an interest in any

of those Segregated Blocks for the disposition of its

The Segregation Protocol5 simple rules

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interests under all of those Segregated Blocks if: (i) it is disposing of an

interest under all of such separate Segregated Blocks that, when

combined, cover all of its interests under that agreement; or (ii)

that party identifies clearly in the NOA each Segregated Block to

which the NOA pertains and the interest being assigned in each

such block.”

Rule #3. No, you cannot reject a NOA served pursuant to Rule #2 above.

Clause 4 of the Segregation Protocol states: “A party shall have no

cause to reject any NOA served in accordance with Clause 2 and 3 if, in

all other respects, it has been served in accordance with and in the

form required by the provisions of the agreement or its schedules,

as is applicable; and, any such NOA shall have full effect under the

agreement as if otherwise served to all parties to the agreement.”

Rule #4. Yes, you can sell or retain only your interests in a wellbore; but

be very clear about it!

See the “Ownership of Wellbores” section of the Segregation

Protocol Guidelines And Procedures published on the CAPL and

CAPLA websites as well as further discussion below.

Rule #5. Follow the Segregation Protocol precisely and refer to the related

Guidelines and Procedures for assistance with the proper preparation and

service of a NOA in accordance with the Protocol!

Whenever a NOA served pursuant to Rule #1 relates to anything

less than a party’s entire interests under an agreement, Option B is

to be selected, even if a party is assigning its entire interest in all the

Segregated Blocks of land through a combination of individual NOAs.

Option A is to be selected only if one single NOA is served to all concerned

third parties with respect to that party’s entire interest in all the lands

governed under the agreement.

why the rules?The following explains why these rules exist within the Segregation

Protocol and why it is imperative that they are applied and respected

by everyone for consistency and continuity of our land records.

Rules #1, 2 & 3. Derived from basic principles of contract law

Rule #1. An agreement can exist only among “concerned parties

having an interest in the same matter”’; and, novation means the

act of those concerned parties agreeing that their mutual agree-

ment has been replaced by a new one among differing parties.

The CAPL Notice of Assignment Procedure introduced a method

by which novation occurs simply by a party serving a NOA to the

other “concerned third parties”, and novation is thereafter deemed

to occur so long as no such other concerned party objects to the

assignment of that party’s interests prior to expiry of the time

period allowed by the Procedure before their consent is deemed.

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Rule #2&#3. For novation to occur, it is not so important that a NOA be

served only to the parties having a common interest in the lands; but,

more so, that it be served to not less than those “concerned parties”

having the contractual right to object to the NOA. If the recipient of

a NOA can confirm from the list of Third Parties that all those

“concerned parties” holding an interest in common with the

recipient in any of the given Segregated Blocks have all been

served with the same NOA and, therefore, have been given the

right to object, it can be assumed that the act of novation has

occurred. There is nothing within contract law to suggest that

novation would not occur simply because an additional party,

that is not a concerned party, happened to also receive the same

NOA.

If you are insanely happy to do more work than necessary when

assigning an interest in multiple Segregated Blocks of land, then

you could correctly follow Rule #1 by serving separate NOAs

(using Option “B”) to only the third parties holding an interest

in common for each of the Segregated Blocks of land being

assigned! However, then be cautioned about the confusion this

can cause the recipients of your multiple NOA’s as discussed

in the Scenarios outlined below; and, ask yourself “why would

I not want to cut down on the amount of effort and paperwork

by taking advantage of the option to also correctly serve only one

NOA under Rule #2?”.

Rule #4. Exactly what rights to a wellbore have been assigned?

It is a common occurrence these days for an Assignee to refuse

to take an assignment of well abandonment liabilities or for an

Assignor party to want to reserve out existing wellbores and produc-

tion from a farmout or sale arrangements. There should be no reason

to stop an Assignor from assigning only its petroleum and natural

gas rights and reserving out its ownership in, and the liability for, any

wellbore under an agreement, or to keep its interests in a wellbore

and the production to be obtained from that wellbore when convey-

ing the balance of its interests in lands. The Option B election in

Clause 4 of the NOA provides for the transfer of a portion of Assignor’s

right, title and interest in the Master Agreement. The Assignor’s interest

in a wellbore is definitely a portion of that party’s interest under an

agreement. By definition in the Notice of Assignment Procedure,

“Assigned Interest” means “the interest in the Agreement which is

the subject of an assignment and which is specified in a Notice of

Assignment”. Therefore, let’s not get hung up on the fact that the

Option B election in the NOA for a partial assignment prompts for a

description of the lands and interests, so as to impede common sense.

This is just another variation of the segregation of a party’s interests

under an agreement; and, it is, unfortunately, yet another inconve-

nient reality of our business that we need to deal with and adjust our

perceptions and record keeping practices accordingly.

Be mindful, however, that in these cases, the Assignor needs

to be very clear whether the right to produce any or all petroleum

Page 8: NEGOTIATOR - Canadian Association Of Petroleum Lan · The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple

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substances from a well is being assigned or retained, whether that

right is applicable only to currently completed zones or to any

other zones that may be produced from that well in the future, etc.

For example, if the NOA assigns 100% of the Assignor’s interest in

PNG to base Viking excluding Cardium wells – what happens with

a well currently producing in the any zone other than the Cardium

when a third party serves notice to abandon that zone and complete

the well uphole in the Cardium - does ownership of that wellbore

go back to the Assignor? It is critical that you work with your tech-

nical staff in these types of situations to ensure that the paperwork

clearly details the intended outcome of both the current and future

rights of the parties in the wellbore being assigned. If there is any

segregation of the ownership in a wellbore apart from the interests

in all the petroleum substances being or capable of being produced

from that wellbore, a separate agreement may be required between

the effected parties to address all the parties’ future rights to use or

equalize into the wellbore for purposes other than abandonment.

If we are talking about the transfer of the physical wellbore

only, and not any related petroleum substances to be produced

therefrom, the NOA may not be the right form of conveyance docu-

ment because that wellbore is most likely being sold or retained

for purposes outside the provisions of the existing operating agree-

ment, such as for recompletion of a zone governed under a different

agreement. In this type of case, a separate form of wellbore quit

claim and/or conveyance agreement should be used. However, in a

case such as a pooling agreement, the leases may have all expired

and there are no related land interests to convey; but, the agreement

remains in full force and effect until all the wells on the pooled

lands are fully abandoned. In this case, the agreement and the wells

need to be, and should be, assignable to a successor company who

is acquiring all the obligations and liabilities of a party.

Rule #5. How the segregation protocol is supposed to work

It is very important you keep in mind that the Protocol was

developed to address the legal concept of novation related to the

segregation of parties’ contractual rights and obligations, which

is not at all about the actual creation of new paper copies of

contracts. So, only one physical “paper” agreement continues to

exist; but, because of the underlying rule of novation, when the

parties’ interests under that agreement become segregated, we

can proceed to conduct our business as if separate like agreements

exist between only those concerned parties having an interest in

the same matter. Then, when it comes to serving a NOA, it is also

incredibly important to remember that it is impossible to describe

and distinguish one conceptual agreement created at law from

any other derived from the same original physical contract based

on the name, date or original parties of the agreement. Therefore,

it is also the intended purpose of the Protocol to deal with the

administration of an agreement in its entirety, except for the

segregation of the parties’ rights and obligations with respect to

lands held in common.

The “Procedure for Serving Notices” section of the Segregation

Protocol Guidelines And Procedures published on the CAPL and CAPLA

websites, specifies that “an assigning party who will continue to hold

interests in other Segregated Blocks which are not being assigned should

always select Option B... there is no harm done if the assigned interests

set out under Option B happen to be the only interests a third party

shows in its records as held by the assigning party – its records would

still be correctly changed to reflect the assignment of all commonly held

Segregated Blocks”.

Accordingly, any NOA served for the assignment of anything

less than a party’s entire interest in all of the Segregated Blocks

of lands under an agreement are to continue to be treated as a

partial assignment with Option B selected and the assigned inter-

ests being specifically detailed, with the only difference being to

whom the NOA needs to be served.

Likewise, if multiple NOA’s are to be served, in accordance with

Rule #1, to complete the assignment of a party’s entire interest

in all the Segregated Blocks of land held under an agreement,

not a single one of those NOA’s represents the assignment of the

entire interests of that party under the agreement. Until every

one of those NOA become binding, that party would be seen as

continuing to hold an interest in some other Segregated Blocks of

land under the agreement. Therefore, based on the same principle

and practice stated above for the assignment of a partial interest

under an agreement, Option B is to be selected to address only

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that portion of the assigned interest being addressed in each

and every one of those NOA’s, which when all taken together will

represent the entirety of the intended assignment – not dissimi-

lar to the counterpart execution of an agreement where all parts

must be brought together to complete the whole agreement.

Alternatively, when you are disposing of your entire interest under

an agreement, rather than preparing separate “B” NOA’s for each of

the Segregated Blocks of land, it is strongly recommended that you

consider following Rule #2, and prepare only one NOA with Option

“A” selected and listing together all the other current third parties

in each of the Segregated Blocks of land, which will create less

paper and greater clarity and efficiency for the Assignor, Assignee

and Third Parties.

illustration of Procedure for serving a noa based on the segregation Protocol

Segregated Block #1 Segregated Block #2 Segregated Block #3

Party A – 30% Party A – 25% Party B – 25%

Party C – 30% Party C – 50% Party E – 25%

Party D – 20% Party E – 25% Party F – 50%

Party E – 20%

Scenario 1. Party E is selling its entire interests in Segregated Block

#2 only to Party X

Because Party E will still hold interests in the other Segregated

Blocks #1&3 under the Master Agreement, it would select Option

B for the NOA, as dictated by Rule #5, detailing the specific land

interests being assigned and, pursuant to Rule #1, Parties A and C

would be listed as the only Current Third Party to be served with

the NOA.

Scenario 2. Party E is selling its entire interests in Segregated Block

#2 & #3 to Party X

Because Party E will still hold interests in Segregated Block #1

under the Master Agreement, it would select Option B for the NOA,

as dictated by Rule #5, detailing the specific land interests being

assigned and, pursuant to Rule #2, Parties A, B, C, and F would be

listed as the only Current Third Party to be served with the NOA.

Party A receives the NOA, sees from the description of lands that

it holds an interest in only the Segregated Block #1 lands and

knows that, based on Rule #2, he can disregard the rest of the

lands listed. In the list of Current Third Party, he can also see that

his co-interest owners in the Segregated Block #1 lands (Parties

C & D) have been served the same NOA; and, therefore, he knows

that novation will occur when the other “concerned parties having

an interest in the same matter” are deemed to have consented to

the assignment if they do not reject the NOA. Accordingly, Party

A can then dismiss the other listed parties having no concern in

the matter of the Segregated Block #1 lands – it was nice that they

got invited to the party, but you would have still had a good old

time NOA with or without them!

Alternatively, Party E could have elected to serve two separate

NOA’s pursuant to Rule #1 – one with Option B selected, detailing

the lands for Segregated Block #2 and served only to Parties A and

C; and, the other with Option B selected, detailing the lands for

Segregated Block #3 and served only to Parties B & F.

To help facilitate the service of these partial NOA’s pursuant

to Rule #2, it may be helpful, but absolutely not mandatory under

the Protocol, to set out which parties belong to which of the

Segregated Blocks. This may still be simpler and straight forward

then the alternative of serving multiple NOA’s. As a few examples:

1) Option B: Segregated Block #2 Lands (see Third Parties 1&3);

Segregated Block #3 Lands (see Third Parties 2&4)

Current Third Party to Master Agreement:

(1) Party A

(2) Party B

(3) Party C

(4) Party F

Or

Page 10: NEGOTIATOR - Canadian Association Of Petroleum Lan · The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple

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2) Option B: (1) Segregated Block #2 Lands; (2) Segregated Block #3

Lands

Current Third Party to Master Agreement:

Party A (part 1 lands)

Party B (part 2 lands)

Party C (part 1 lands)

Party F (part 2 lands)

Scenario 3. Party E is selling its entire interests in all the Segregated

Block #1, #2 & #3 to Party X, so all of the rules set forth in Scenario

2 would apply with respect to the naming of Third Parties (with

Party D added to the list), except that Option A would be selected

in the NOA. Alternatively, three separate NOA’s could be served

pursuant to Rule #1 for each of the Segregated Blocks with Option

B selected under each as dictated by Rule #5.

a tale of caution if You Break these fundamental rulesQ. What happens if you use Option A instead of Option B in a NOA

for the assignment of a party’s interest in some, but not all, the

Segregated Blocks of land it holds under an agreement?

A. Well for one thing, a third party receiving that NOA may hold

unrecognized interests in common with the Assignor in other

Segregated Blocks of land not intended to be assigned. In other

situations where there are breaks in historical chain of title,

inaccurate record keeping, etc., a party receiving that NOA may

not have their records set up to correctly show the same party

interests in the same land blocks as what the Assignor had

shown in its records. In both cases, a third party receiving that

NOA could mistakenly amend its records to show the Assignee

as a new party to lands other than what was intended to be

assigned. The land reference provided at the header of the

NOA is meant only to help identify the Master Agreement; so

it cannot be relied on for verification of the lands and interests

intended to be conveyed under that NOA.

Q. What happens if you use Option A instead of Option B when

serving multiple NOA’s to assign your entire interest in all the

Segregated Blocks of land under an agreement?

A. Each NOA implies an assignment of the Assignor’s entire inter-

est under different agreements, but all being the same identical

agreement identified in each NOA. The generic land reference

provided at the header of each NOA may or may not explicitly

detail all and only those lands to which each NOA pertains.

The only distinguishable difference between the NOA’s is the

listed Current Third Parties. If a third party receiving any of

these NOA do not have their records set up exactly the same

as the Assignor for each of the Segregated Blocks of land, how

do they know which NOA relates to any of the lands as set up

in their records? What if you issue a replacement page with a

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change to the Current Third Party, how do the recipients know

to which NOA this amendment page applies?

Q. How does the Protocol affect a Notice of Resignation/Change of

Operatorship for Segregated Blocks of land?

A. It doesn’t – the requirement to serve a notice for resignation of

the current operator and to request the consent of the other joint

working interest owners for appointment of a new operator for

any joint lands is governed and conducted in accordance with

the requirements of the governing joint operating agreement,

typically subject to the provisions for serving separate notices

to differing common joint working interest owners pursuant

to Article XIII - Segregation of the various versions of the CAPL

Operating Procedure. However, because of segregation and oper-

ators’ resignation letters not always being properly served, it has

become increasingly difficult for parties to ensure and trust that

their records have been correctly amended to record the current

operator of Segregated Blocks of land. Additionally, a change

of operatorship may not be directly linked to an assignment

of interests in the same lands. A change of operatorship can

occur without any disposition of the current operator’s working

interest in the lands; or, another of the working interest parties,

other than the assignee, may be appointed as the new operator

of any portion of the lands to be assigned. Therefore, if you are

addressing operatorship under an agreement with segregated

land interests, especially if the splits have become particularly

complicated, it is strongly suggested that the notice for a change

of operatorship clearly identifies the effected lands to expedite

the process of obtaining consent from the other working interest

parties. Where segregation of ownership of lands and opera-

torship has occurred, a generic reference to the transfer of an

operator’s entire right and obligation to a new party otherwise

requires a lot more diligence and title review by the third parties

to verify operatorship of all the segregated lands under the

agreement before they can satisfy such a request.

in summaryThere is no real business or legal risk in accepting the Protocol

as Standard Industry Practice. By adopting the Protocol, your

company and all parties receiving your NOAs will benefit by the

efficiencies gained. From the feedback to date, the only negative

experiences result from companies not following these Five

Simple Rules. If you are still uncertain about the proper proce-

dures to be followed for serving a NOA in accordance with the

Protocol after reading this Article and all the material available

on the CAPLA and CAPL websites related to the Introduction of

the Segregation Protocol, you are encouraged to contact Michelle

Radomski for additional clarification. Michelle’s contact informa-

tion is available in the CAPL Membership roster or can be obtained

from the CAPLA office. m

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the JOHnSOn AwARD PaYs triBute to LifeLong contriButors to Queen’s uniVersitY, the Queen’s aLuMni association, and the caLgarY coMMu-nitY and has Been awarded since 2001. It is named after Ernie and Edna Johnson,

whose generosity and dedication to their alma

mater and the Calgary community span more than

30 years. Ernie was a gifted student, won several

scholarships, had an extraordinary medical career

and held five medical fellowships and 18 medi-

cal association memberships. In 1963 Ernie and

Edna helped found Operation Eyesight Universal

which has performed hundreds of eye operations

and established eye clinics in the world’s poorest

countries. In 1992 Ernie was named to the Order of

Canada for his work on behalf of that cause. A year

later, he was awarded the prestigious Canada 125

Medal. Sadly, Ernie passed away in January, 2005,

and Edna, a former nurse, passed away earlier this

year at 98 years of age.

Bruce and his spouse Janice have both had very

successful careers and professional accomplish-

ments: Bruce has worked with several oil and gas

companies and began his philanthropic journey

when he heard Major-General Lewis Wharton

A Dynamic DuoJanice heard, B.sc. and r. Bruce Mcfarlane, B.a., receive Prestigious Queen’s university award on november 14, 2012

written BY

LARRy BUzAN, P.LANDMerit awards coMMittee, chairPerson

with excerPts directLY taken froM httP://Queensu.ca/aLuMni/networking/Branches/canada/caLgarY/Johnson.htML

Daniel R. woolfe, current Principal of Queen’s University, and Bruce McFarlane

Page 13: NEGOTIATOR - Canadian Association Of Petroleum Lan · The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple

P: 403.266.6133 F: 403.266.4467 www.sayeradvisors.com

CANADIAN OIL INDUSTRYMERGER AND ACQUISITION

QUARTERLY REVIEW

FOURTH QUARTER 2012

$0

$20,000

$40,000

$60,000

$80,000

$100,000

2Q11 3Q11 4Q11 1Q12 2Q12 3Q12

Median Production Acquisition Price - $/boe/d

$0.00

$5.00

$10.00

$15.00

$20.00

3Q11 4Q11 1Q12 2Q12 3Q12

Median Reserves Acquisition Price - $/boe

TRANSACTION HIGHLIGHTS

Month Purchaser AcquisitionEnterprise

ValueAcquisition Price

Reserves Production ($million) ($/boe) ($/boe/d)

July CNOOC Nexen $23,442.73 (*) $2.51 $76,047 July MFC Industrial Compton $375.15 $4.48 $26,572 July Undisclosed Buyer Signalta assets $5.90 $19.07 $115,876 August Bonavista Fairborne assets $155.00 $6.39 $23,134 August Verity Solara $28.61 (*) $13.52 $138,207

Note: (*) - pending

HIGHLIGHTS Median Production Acquisition Price - $34,543/boe/d Total Enterprise Value - $25.4 billion Median Reserves Acquisition Price - $8.54/boe Total Number of Large Transactions - 25

The total enterprise value of M&A activity in the third quarter of 2012 was approximately $25.4 billion, a significant increase from the $8.2 billion recorded in the second quarter of 2012. While the total M&A transaction value was the largest since the first quarter of 2009 and was almost ten times more on a year-over-year basis compared to the $2.9 billion in the third quarter 2011, it is mainly due to the largest transaction in the third quarter of 2012 and year to date, the pending acquisition of Nexen Inc. by CNOOC Limited, for $23.4 billion. CNOOC is China’s largest producer of offshore crude oil and natural gas and one of the largest independent oil and gas exploration and production companies in the world. This acquisition would enhance CNOOC’s presence in Canada, Nigeria and the Gulf of Mexico, while adding a significant presence in the U.K. North Sea and would diversify CNOOC’s growth platform.

CANADIAN OIL INDUSTRYMERGER AND ACQUISITION

REPORT

FOURTH QUARTER 2012 HIGHLIGHTS

Median Reserves Acquisition Price - $8.54/boe Enterprise Value of Transactions - $25.4 billion Median Production Acquisition Price - $34,543/boe/d Assets and Companies for Sale - $10.0 billion

Purchaser AcquisitionEnterprise

Value Acquisition

Price $MM $/boe $/boe/d

Bonavista

CNOOC

Madalena

MFC Industrial

Palliser

Peyto

Tallgrass

Twin Butte

Undisclosed Buyer

Undisclosed Buyers

Undisclosed Buyer

Undisclosed Buyer

Verity

Fairborne assets

Nexen

Online

Compton

Alberta assets

Open Range

Compton assets

Waseca

Arcan assets

NuVista assets

Signalta assets

Storm assets

Solara

155.00

23,442.73

21.91

375.16

5.33

190.91

17.00

134.50

12.10

236.00

5.90

13.50

28.62

6.39

2.51

10.20

4.48

13.14

6.53

7.78

14.11

5.80

9.29

19.07

18.70

13.52

23,134

76,047

34,268

26,572

34,818

26,552

36,320

32,057

46,018

32,778

115,876

91,216

138,207

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MacKenzie, retired, say that a country should honor its obligations

in direct proportion to its blessings, with the context being that

Canada was sadly in arrears on its obligations. Bruce wondered if

one could apply that same test to one’s personal life.

Bruce has since dedicated himself, quietly, to a variety of

charitable causes including a focus on education-with-a-future.

Queen’s University receives a tremendous amount of Bruce’s

attention – most notably their major funding effort to prepare

them for the future beyond 2015. Janice, a Pediatrician, is the

Executive Director of Alumni Affairs of the University of Calgary’s

Faculty of Medicine, has made numerous medical visits to Laos

and counts many new friends in international circles. Both have

been extremely active in the Queen’s community (establish-

ing several bursaries supporting students and an endowment

for Kinesiology and Health Studies Camp School) and in the

Calgary community (working with the United Way, Salvation

Army, Strathcona Tweedsmuir School, Foundation for Energy

Education & Research in Calgary (FEER), CUPS and the Children’s

Cottage Society).

The gathering to honour Bruce and Janice was attended by the

dean, president and chancellor of Queen’s University, (the latter

two who spoke with great enthusiasm of the honourees), Queen’s

alumnus, friends, family (tributes to Bruce and Janice were made

by Bruce’s younger brother Don, and to Janice by her younger

brother Rod). The CAPL is honoured indeed to have such members

among us, exemplifying the great passion and dedication both

Bruce and Janice have to their alma mater Queen’s, to Calgary and

to international communities abroad. Thank you both. m

Bruce McFarlane, Janice Heard and family

Bruce McFarlane, Janice Heard and family. including Bruce’s brother Don (left of Bruce) and Janice’s brother Rod (right of Janice). Both spoke on behalf of Bruce and Janice

Jim Dinning (left), current Chancellor of the University of Calgary, and current Chancellor of Queen’s University David Dodge (right), former head of the Bank of Canada

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Board Briefsthe key discussion items at the

caPL Board of directors’ Meeting

held december 4, 2012 at the

caPL office were as follows:

In Attendance Absent Guest M. Ariss K. Gibson C. Lamb Denise Grieve

J. Blazevic S. Jackson

G. Boogmans R. Mardjetko

J. Condon J. McKnight

J. Covey K. O’Neil

J. Dornian N. Sitch

K. Egan

• Gloria Boogmans, Director of Member Services, presented

seven Active, two Associate and two Student membership

applications to the Board of Directors, which were approved.

Four members were also approved to change their membership

status from Active to Senior.

• Nikki Sitch, Director of Finance, provided a Treasurer’s Report

as at November 30, 2012 showing CAPL investments totalling

$923,965.34 Canadian and $31,465.61 U.S. along with a cash

balance of $194,182.27 Canadian and $2,161.77 U.S. The CAPL

Scholarship Fund has a balance of $238,357.05.

• Nikki Sitch presented the CAPL Administration Office Budget

for 2013, which was approved by the Board. Directors were

requested to review their individual budgets for 2013 and

provide her with comments prior to the January Board Meeting.

The final 2013 CAPL Budget will be presented for approval at the

January 8, 2013 Board Meeting.

• Joan Dornian moved and the Board approved, Disclaimer

Language to be used by the CAPL office for CAPL Education

Material and CAPL Business Forms. The Disclaimer Language

includes printed CAPL Education Material, ordering of CAPL

Business Forms On-Line, registration for CAPL Courses and

ordering CAPL Business Forms in person or by phone.

• On behalf of the Scholarship Committee, Kevin Egan presented

three students from the University of Calgary, PLM Program

and three students from Olds College to receive scholarships

for 2012. The Board approved the recommendations of the

Scholarship Committee.

• Sally Jackson, Director of Technology, advised that the

Technology Committee has engaged Solid Solutions Corp. to

redesign the CAPL website to include several upgrades and

capabilities. The Committee is looking at the end of February

2013 for the system to be up and running.

• Margaret Ariss requested Directors to review their “Message” on

the CAPL website and update their information as appropriate.

• Kent Gibson, Director of Professionalism, advised that the follow-

ing members recently wrote and passed the Professionalism

examination:

Rita Byers, P.Land Greg Filipchuk, PSL

Mike Gardam, PSL Travis Whitlock, PSL

• Kevin Egan, Director of Education, provided an update on the

proposed “Emerging Leadership Program” and advised that 6 of

the 8 round table sessions have been completed and the final

sessions will be held this week. A final report will be compiled

by the facilitator once the sessions have been completed.

• Jim Condon advised that as a representative of the CAPL, he

attended the quarterly AAPL Board of Directors Meeting on

December 2, 2012 in Colorado Springs, Colorado.

• John Covey reminded Directors of the following:

• The next Board of Directors’ Meeting will be held January 8,

2013 at the CAPL Office.

• The next General Meeting is a networking event and will be

held at The Ranchmen’s Club on December 5, 2012.

• The following General Meeting is Management Night and

will be held at The Westin Hotel, Calgary on January 17, 2013.

The guest speaker is Ezra Levant. m

Robert Mardjetko

Secretary/Director, Social

Page 15: NEGOTIATOR - Canadian Association Of Petroleum Lan · The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple

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Management Night Speakerezra LevanttV news anchor, Bestselling author and Provocateur

ezra LeVant is a tV anchor, newsPaPer coLuM-nist, author and generaL trouBLe-Maker! After graduating from law school, Ezra went to Ottawa as a parlia-

mentary assistant to Preston Manning. It was to be the first of

many romantic but doomed political campaigns.

Ezra joined the editorial board of The National Post newspaper

shortly after its founding. His beat included national politics, the

Supreme Court and the Middle East.

In 2004, Ezra became the founding publisher of the Western

Standard magazine, the only Canadian media outlet to publish

the Danish cartoons of Mohammed. That led to two charges of

“hate speech” before the Alberta government’s human rights

commission.

Ezra wrote a book about the experience, called Shakedown,

which exposed the illiberal nature of Canadian human rights

commissions. His most recent book, called Ethical Oil: The Case for

Canada’s Oilsands, was published in September 2010 and won the

National Business Book Award in the Spring of 2011.

To the relief of his wife, Ezra finally got a “real job” when he

joined the new Sun TV all-news channel as the host of a daily talk

show called The Source. m

Page 16: NEGOTIATOR - Canadian Association Of Petroleum Lan · The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple

1250, 396 – 11th Ave S.W. T2R 0C5

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36th Annual CAPL Curling BonspielDate: Thursday, February 28, 2013

Place: Calgary Winter Club, 4611 14 Street N.W.

Program: Registration 11:30 am

Networking (Buffet Lunch) 11:45 am

Curling 12:45 pm

Cocktails 5:30 pm

Dinner, Entertainment, Prizes 6:30 pm

Cost: CAPL Members $130.00 (includes GST)

Non-CAPL Members $150.00 (includes GST)

Sponsors $350.00 (includes GST

and 1 curler)

Format: The bonspiel will consist of three games (4 ends per game).

Teams will be selected from entries received and will be published

in the Daily Oil Bulletin so please look for it. The entire Winter

Club Curling Facility has been booked to accommodate 20 teams

(80 curlers). All levels of curlers are encouraged to participate.

We have sold out the past 6 years so get your entries in.

Please forward your entry form along with a Visa/MasterCard #

or cheque made payable to:

CAPL Curling Bonspiel

c/o Scott Land & Lease Ltd.

Suite 900, Bow Valley Square 1

202 6 Ave. S.W.

Calgary, Alberta T2P 2R9

Attention: Kevin Koopman

Any questions regarding the Bonspiel should be directed to the

2013 Curling Committee:

Kevin Koopman 261-6584 Ali Groppmair 604-0309

James McCorquodale 930-3301 Donna Phillips 718-8552

Rob Heynen 645-5529 Jordan Murray 213-8005

Mike Twomey 298-7850 Tasha Anderson 767-6474

Please contact Ali Groppmair, Jordan Murray, Rob Heynen or James

McCorquodale for sponsor details.

Please Note: The registration curling form is available on the CAPL

Website at www.landman.ca. m

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The Negotiator’s Message From the Board

i aM truLY in awe of the Vast contriButions BY our canadian association of PetroLeuM LandMen (“caPL”) VoLunteers each and eVerY Year! I am now in my second year

of a two year term as a Director of the

Canadian Association of Petroleum Landmen tasked with the

Education Portfolio and enjoying every minute of it! Without a

doubt, it has been an excellent learning experience working with

a great group of individuals both on the Board and with many

committees seeking to add some measure of value back to the

organization and the industry. This spirit of giving is what the

recent Christmas season meant to many people and which segues

nicely into my topic for January.

Last year I wrote about the value and direction of leadership

within the industry for Landmen. We are at a cross roads of sorts

related to several factors: the demographics of our work force;

fluctuating commodity prices, and changing play dynamics from

exploratory to more exploitative in nature. The issue is the impact

these changes will have on the Landmen’s leadership role in this

exciting and vibrant industry.

I believe that you get back what you put into something.

This is why I chose to commit a portion of my free time each year

to volunteering. The sense of community and the opportunity to

give back are the truly rewarding benefits of volunteering.

I sincerely thank all of CAPL’s past year’s volunteers as

Education Director, giving special thanks to all those under my

Portfolio. These volunteers are as follows, and I hope I have

captured them all:

education committee VolunteersCo-Chairs

Richard Fulton, P.Land and Joanna Wynn

Team Leads – Seminars

Steve Brisebois, Garth Buchholz, Robb Craige, Marilyn Gosling and

Sean McLeod

Coordinators – Seminars

Phyllis Aberle, Greg Andrusiak, Wade Evans, Will Glass, Dean Gould,

P.Land, Mark Grierson, Curt Hamrell, Travis Hanna, Karen Hertel,

Marci Hewitt, Rob Heynen, Rebecca Hogan, Jessica Jonassen, Curtis

Kucharuk, Olena Liakhar, Erin Lottermoser, Mike Macdonald, Chris

Moody, Mike Myers, Shanne Pyrcz, Ryan Schnitzler, Wendy Sells,

Brian Thom, Patrick Vaughan and Kaylee Walters

Team Leads – Materials

Bonnie Cioni

Marketing

Thomas Crosley and Lindsay Smith

education Leadership sub committee VolunteersJim Condon, P.Land, Wayne Gray, P.Land, Nick Markic, Jim

McCormick, Gary Montgomery, P.Land, Frank Terner, P.Land and

Cam Weston, P.Land

PLM advisor VolunteersCindy Cameron, Lawrence Fisher, Lynn Lehr, P.Land and Sandy

Sandhar

Mentoring committee VolunteersDerick Czember, Lawrence Fisher, Ryan Gillen, Nancy Green,

Brad Johnston, Ted Lefebvre, P.Land, Jennifer MacDonald, Sandy

Sandhar, Darren Schulz and Joe Swift

Mount royal Petroleum Land Business committee VolunteersLawrence Fisher, Richard Fulton, P.Land, Jan McKnight and Nikki

Sitch, P.Land, PSL

Please take the time to read all of the names thoroughly and thank

those you know for giving of their time to help make the CAPL

run as well as it does. In the same conversation, you can inquire

about how you can volunteer. There are many volunteer positions

available throughout the Association with a varying degree of time

commitment, so don’t be shy.

Being a Director means leading others and what is often

missed is how valued leadership skills are to our volunteers.

We have committee chairs and co-chairs, team leads and project

leads and teams working together and often pulling information

from outside the association.

Therefore, when I contemplated how to understand and then

address leadership challenges within the CAPL which I discussed

in the Negotiator last January 2012, I needed to look to volunteers

once again to contribute.

There is a great team working on this new leadership initia-

tive. We sought to capture eight groups of eight individuals each

and have each group sit as a round table discussion with a profes-

sional leadership facilitator. The purpose of these sessions was to

take both a measure and a gauge of where we stand as leaders and

what skills, attributes and educational training could help us grow

to make our profession stronger and more valuable.

Page 18: NEGOTIATOR - Canadian Association Of Petroleum Lan · The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple

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We have had the eight sessions and are awaiting a report back

from the company contracted to provide us a summary of insights

and recommendations. It was great to see so many participate in

the round tables. Feedback was excellent both from the level of

participation and quality of the dialog, as well as the quality of

the facilitator. As a first pass comprehensive initiative, our cross

section included surface, mineral and contracts landmen as well

as industry executives, G&G and engineering leaders.

From this evaluation we hope to inspire new ideas relating to

courses, content, application of innovative thought and maybe,

just maybe, a realization that the training of landmen as leaders

needs to come from within the CAPL. Everyone needs to work

towards a common goal of guiding the Association and being

present to provide required direction along the way. I feel that the

stronger we are as individuals, the better we are as a profession.

Through this analytical process, we may even find there is nothing

more required or the opposite… more to learn and more questions

to ask through additional round tables and questionnaires. Stay

tuned as more develops on this front.

In summary, I would like to say that our Association’s outlook

for 2013 is positive because of all the great volunteers and

members’ desire to make our Association as strong as it can be. m

Kevin Egan

Director, Education

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Surface Land Fundamentals

January 24, 2013 8:30 a.m. to 4:30 p.m.

This course is provided for professionals such as mineral land-

men, engineers, geologists and other project managers who either

work with their surface land department or manage their surface

land group as part of a larger team. Individuals new to the land

industry would also benefit from this course; some knowledge of

surface land is beneficial but not required. The course is designed

to provide an overview of how the surface land department works

by examining the surface land process from project kick-off to

licensing. Areas discussed include the acquisition process on

both private property and crown lands, applicable acts and regu-

lations, compensation calculations, documentation requirements

and addendums, survey plans, ERCB participant involvement

and consultation requirements, ERCB non-routine license appli-

cations, Surface Rights Board applications and how to use these

processes to gain access to land. While the focus of the course will

be from an Alberta perspective, much of the material is relevant to

other jurisdictions also.

Economic Considerations for Land Deals

January 29 & 30, 2013 8:30 a.m. to 4:30 p.m.

This seminar is intended for senior landmen and individu-

als involved in conducting project economic evaluations.

Emphasis is on the use of economics to assist in the structur-

ing and evaluation of land deals. Landmen and other oil and

gas valuation specialists will find the principles and illustrative

examples that are discussed throughout the course equally valid

in the context of their daily work. Landmen may also wish to

encourage their project evaluation team members to register for

this seminar. The instructor will cover the basics of measuring

project value from an economic perspective. The advantages and

disadvantages of alternative methods of value measurement will

be discussed, with an emphasis on discounted cash flow analysis

and the related profitability criteria. Techniques for incorporating

risk analysis into evaluations will be presented. Practical exam-

ples and applications of the material covered will be provided,

and participants will have several opportunities to derive solu-

tions to problems.

Get Smartthe caPL education committee is pleased to present the following courses:

Page 21: NEGOTIATOR - Canadian Association Of Petroleum Lan · The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple

Pursuing Perfection

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• Crown and freehold mineral land acquisitions

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P: 306.546.LAND (5263)F: 306.569.8905

Located just north of Victoria Avenue on 11th Avenue E.

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Professional Ethics: Theory & Application

february 26, 2013 8:30 a.m. to 4:30 p.m.

This seminar is suitable for all interested land personnel and is

required for prospective CAPL members as well as CAPL’s profes-

sional certification program.

This seminar is intended to increase the understanding of

ethics and the dimensions to ethical behavior by stimulating the

ethical thought process, providing a forum for discussions with

respect to land related ethical issues. Case studies will encourage

class discussion and give each participant insight into the moral-

ity vs legality question.

well Spacings and Holdings

february 27, 2013 8:30 a.m. to 4:30 p.m.

This seminar is designed for landmen and other individuals

who wish to become familiar with the concepts and regulations

associated with drilling spacing units and target areas in Alberta

and B.C., the implications of these and how they could impact a

landman’s negotiations.

Emphasis will be placed on reviewing existing regulations

(including holdings) and the consequences of variation from

normal spacing units through practical problems. Information

resource sources will be discussed, in addition to the implications

of the Lahee Well Classification System and surface stakeholder

considerations. Dispute resolution mechanisms will also be

discussed.

ERCB non-Routine Applications: Mitigating Obstacles (PSL®)

february 28, 2013 8:30 a.m. to 4:30 p.m.

This seminar focuses on the internal and external challenges

faced by land professionals in preparing and managing non

routine facility applications arising from Directive 56. An overview

of the non routine facility application life cycle will be presented

in the context of the ERCB. m

Page 22: NEGOTIATOR - Canadian Association Of Petroleum Lan · The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple

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A FULL SERVICE LAND COMPANY SERVING NORTH AMERICA

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The Negotiator’s Message From the Board

MY first Year on the caPL Board has Been a VerY enJoY-aBLe exPerience and i wouLd encourage aLL MeMBers to VoLunteer. I was fortunate

enough to be appointed as Director of

Professionalism where I work alongside

a hard working group of individuals who are dedicated to uphold-

ing and improving the professional standard we hold ourselves to

as Land Professionals in the Oil and Gas Industry. This has been

reflected by the many changes implemented over the past year

which included increasing the requirements for Certification and

Re-Certification of our Professional Designations. Not only have

requirement increases been made, additions and flexibility to the

Professionalism Procedure have been included with the hopes of

engaging a larger spectrum of the land community. Here are the new

requirements and the improvements we are currently working on:

new csL/cML Professional designationsReflect an introductory level of Certification

Requirements

CSL (Certified Surface Landman) CML (Certified Mineral Landman)

Post Secondary Education:

• Degree or Diploma in Related Field and 1 year experience

• Degree in non-related field and 2 years

• Diploma in non-related field and 3 years

• No post-secondary and 5 years

Courses: 2 (must be in Surface) plus

Ethics and Fiduciary Duties

No written exam requirement

3 Sponsors

Only one recertification, 2 more courses plus Ethics and Fiduciary Duties

Post Secondary Education:

• Degree or Diploma in Related Field and 1

• year experience

• Degree in non-related field and 2 years

• Diploma in non-related field and 3 years

• No post-secondary and 5 years

Required Core Courses: 2 plus Ethics and Fiduciary

Duties

No written exam requirement

3 sponsors

Only one recertification, 2 more courses plus Ethics and Fiduciary Duties

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IntegrityLand.CAPL.HalfPage.pdf 1 7/23/12 4:07 PM

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new PsL®/P.Land® certification and re-certification requirements The intent of these new requirements is to re-align our standards

with industry peers, providing membership and industry with a

higher level of expertise. Summaries of the new requirements are

found below: (Please refer to Professionalism Procedure for full

requirement details)

Certification requirement changes:

• Years of experience increased to a range of 5-10, depending

on Post Secondary Education.

• Increased number of required core courses to 10. One (1)

course from each course category, 50% of which had to

be taken within the last 5 years, six (6) must be approved

CAPL Surface Courses for PSL® and three (3) for P.Land®

applicants, plus Ethics and Fiduciary Duties.

• Increased number of required sponsors to 5.

Re-Certification requirement changes:

• Increased minimum number of approved CAPL course

credits from 18 to 30 plus Ethics and Fiduciary Duties.

• Introduced the option of using 15 active volunteering cred-

its towards the 30 minimum approved CAPL course credits.

New Re-Certification Cycle. As of January 1, 2014 all members who

hold a professional designation will now be on the same 5 year

renewal cycle. This means that all professional designation hold-

ers that are immediately affected by this change have received

letters and should be preparing for re-certification on December

31, 2013. Please refer to the Professionalism Procedure on the CAPL

website for more requirement details. This may seem like a diffi-

cult short term task, however the efficiencies gained through this

change will be great. A clear timeframe has been set for all desig-

nation holders to re-certify, minimizing the confusion among

applicants and reducing the amount of time spent by the CAPL

office staff and volunteers coordinating this process.

Professionalism Manual Prep Course. The premise for this course

will be to provide an overview of the Professionalism Manual in

order to help prepare PSL®/P.Land® applicants for the Certification

Exams. This is still in its infancy, but is something that we are

dedicated to producing and providing to our membership. We are

currently in the process of finding a liaison between the Education

and Professional Committees to assist with this process and the

creation of the course.

Of course, with change always comes a little confusion and

some bumps in the road, so the patience of our membership is

greatly appreciated. There are still updates that we are currently

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working on such as creating a new Professionalism Designation

Guide, designation flow charts, and all designation application

forms. The hope is to have these accessible under the Professional

Designation tab on the CAPL website by early January. I would like

to take this opportunity to thank all the CAPL volunteers that are

committed to making CAPL a successful organization and a special

thanks to the Professionalism Committee for all their hard work:

Brad Reynolds, P.Land

Darren Clarke, PSL

Heather Stables Fofonoff, P.Land

Ian Ross, P.Land

Irene Krickhan

James McCorquodale

Rob Pitchford, PSL

Larysa Polunin, P.Land

Trevor Williams, P.Land

Please feel free to contact me with any questions or concerns at

[email protected] or 403-698-8822. m

Kent Gibson

Director, Professionalism

Moving mountains. Every day. WHEN LAND IS YOUR BUSINESS, PERSPEC TIVE IS E VERY THING.

Our team is grounded in energy and commitment.

Whether you need us to start the ball rolling or move a mountain,

we’ll be there with ridiculously accurate results.

Years of traversing challenging landscapes

across Western Canada have provided us

a diverse perspective and a history of rock

solid operations. At Traverse LandGroup,

we have an unobstructed view of the land

acquisition and administration landscape.

We can clearly see any potential obstacles

successfully resolve them.

LANDGROUP [email protected] www.traverselandgroup.com

Calgary | 260, 6815 8 St. NE, Calgary, AB 2T E 7H7 403.265.1050

Sedgewick | 4911 48 Ave., P.O. Box 36, Sedgewick, AB T0B 4C0 780.384.3565

Grande Prairie | #101, 10419 99 Ave., Grande Prairie, AB T8V 0S4 780.532.7630

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Page 25: NEGOTIATOR - Canadian Association Of Petroleum Lan · The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple

LAND ACQUISTION SERVICES

Access Success.

WE’LL GET YOU THROUGH

Whether you require land for one well or one hundred wells, a dedicated wind farm or land to build a 300-metre or 300-kilometer pipeline; we align our services to your needs. Our expertise developing landowner relationships combined with deep knowledge of current land issues in the areas in which we represent you puts us ahead of the pack in securing and managing your deal.

Getting access isn’t easy, but that is why our clients choose us. Let us show you the way.Call 1-866-834-0008 to learn more about our services.

WWW.LANDSOLUTIONS.CA

Page 26: NEGOTIATOR - Canadian Association Of Petroleum Lan · The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple

WESTERN CANADA LAND SALE and DRILLING RIG REVIEW

THE EXPERTS IN LAND ACQUISITION AND MANAGEMENT SERVICES.

LandSolutions LP #200, 601 - 10 Ave SW Calgary, AB T2R 0B2 1-866-834-0008www.landsolutions.ca

0

500

1000

1500

2000

2500

3000

3500

Aver

age

$/Ha

Land Sale Data

Bri sh ColumbiaAlbertaSaskatchewanManitoba

DrillingDown

Total

0100200300400500600700800900

1000

November2007

November2008

November2009

November2010

November2011

November2012

Drilling Report for Last 5 Years

DrillingDownTotal

0%

10%

20%

30%

40%

50%

60%

70%

November2007 November

2008 November2009 November

2010 November2011 November

2012

Drilling Rig U liza on Rate

U liza on Rate

AREATotal Ha

Sold Average

$ / Ha

BC 8,752 $817

AB - Foothills 4,232 $365

AB - Plains 26,200 $159

AB - Northern 136,409 $269

SK no sale

MB 2,384 $75

November 2012

NOTE: Numbers are rounded

Page 27: NEGOTIATOR - Canadian Association Of Petroleum Lan · The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple

Field Consultationsusing your iPad.

call: 403.271.0701 or email: [email protected]

www.pandell.com/landscape

Introducing real-time, field consultation management software you can use on your tablet or laptop. Landscape

Stakeholders lets you immediately record and share all detailed field negotiation notes, right on site.

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2013 CAPL Squash Tournamentthe glencoe club (636 – 29 ave. s.w. calgary, aB)saturday, March 2, 2013 at 5:00 p.m. entry fee: $70.00 (which includes gst, a shirt, prizes, food and beverages)

we wouLd Like to weLcoMe aLL caPL MeMBers and their guests to the 2013 caPL sQuash tournaMent. This tournament is great fun for all players from

beginners to the most competitive. Check in at the west entrance of

the Glencoe on the 2nd level and head down to the squash courts.

Dinner, prizes, more refreshments, and some night bowling will

follow in the bowling alley at the Glencoe after the tournament.

Please complete the entry form on the CAPL website and send

it with your cheque made out to “2013 CAPL Squash Tournament”

to Pat Burgess at Gowling Lafleur Henderson LLP, 1400, 700 St. S.W.,

Calgary AB, T2P 4V5.

This tournament is a great way to promote and market your

company and yourself.

If you are interested in sponsoring this event please contact

any of our committee members:

Pat Burgess [email protected]

scott clapperton [email protected]

Brad Purdy [email protected]

kevin koopman [email protected]

don austin [email protected]

chris Bartole [email protected]

Brad Johnston [email protected]

dan cicero [email protected]

Breanne ramsay [email protected]

Please note that white clothing is required for racquet sports at

the Glencoe Club. m

Page 28: NEGOTIATOR - Canadian Association Of Petroleum Lan · The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple

www.compassgeomatics.caToll Free 1.855.356.0111

Geomatics Ltd.

The Right Direction

Professional Land Surveying and Mapping in Alberta & Saskatchewan

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Olds College Land Agent/Land Administration Programsannual reception/networking evening 2013 ‘sponsorship’We are once again requesting your support in helping sponsor

costs of our student/industry networking evening. Sponsorship

and advertising dollars supplement the College’s contribution and

help maintain the caliber of this event. This annual event provides

companies with the opportunity to personally meet and talk to

potential employees and to network.

Please consider the following opportunities:

1. Donating directly to the program. Citing Sponsorship of the Land Agent/Land

Admin Annual Reception;

2. Supplying a company booth. Space is sold on a first come/first serve basis;

3. Sponsoring a cocktail table at our annual reception. Tables are sold on a first

come/first serve basis. Booth and Cocktail Table fees are $250.00;

4. Advertising in the Olds College Land Agent and Land Admin Student Resume/

Profile Book. Space sold on a first come/first sold basis.

Advertising spaces available are:

Ad Size Amount

inside full page $350.00

1/2 page inside $300.00

Advertising for 2/3 of the Front Page and the Back Cover will “sell”

by “silent” email auction. Please send your bid amount to tlloyd@

oldscollege.ca.

The proofs for the Ads will need to be submitted no later than

February 11, 2013 for duplication purposes.

For any one of the above donation/advertising opportunities

please contact Tara Lloyd, via e-mail [email protected].

The Student Resume Book will be distributed at the Networking

Evening to potential employers of these students. Thank you for

your continued support of our Annual Event from the Land Agent

and Land Administration Programs at Olds College. m

Page 29: NEGOTIATOR - Canadian Association Of Petroleum Lan · The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple

Comprehensive Land Management SoftwareLandRiteTM

REQUEST YOUR FREE DEMO TODAY

Ph. 587 952 8000 [email protected] www.divestco.com

by visiting http://goo.gl/6s5ax

High scores for efficiency and saving time.

For further information about LandRite, please visit us at

www.divestco.com/software/landrite

Page 30: NEGOTIATOR - Canadian Association Of Petroleum Lan · The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple

Suite 201, 2629 – 29th Avenue Regina, Saskatchewan S4S 2N9

Land AcquisitionsFreehold Mineral Secialists

Surface AcquisitionsPipeline Right-of-Way

Rental ReviewsDamage Settlements

Crown Sale AttendanceTitle Registration

Potash ProjectsWind Generation Projects

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Roster Updatesnew Members

The following members were approved by a Motion

on December 4, 2012:

Applicant Current Employer Sponsors

Active

Alexa Birchall imperial oil resources terry cutting

Vince eggleston

ken gummo, P.Land

Jeff Jamieson taQa north Ltd. Mandy cookson

arlene gorman

Lance Petersen

Jocelyn Lau nexen inc. Phil gazdag

Lindsey Lovse

ray Maceachern

Chris Moody cenovus energy inc. erin Mccoy Lunn

Phil Plotkins

Jason zelinski

Jason Nabozniak Quicksilver resources andrew fulford, PsL

canada inc. Jason gouw, PsL

Barbara heemeryck

Colin Page Legacy oil + gas inc. winston gaskin

glenn Miller, PsL

cam urquhart

Chris Worden cenovus energy inc. ken dryden

dan dugas

al Pickering

Associate

Samantha Byrne divestco inc. terry cutting

Jarvis nicoll, PsL

roger wager

Christine White Midwest surveys inc. Margaret ariss

terry cutting

Monica wade

Student

Mohammed Hassanali university of calgary robert schulz

Christine McLaren olds college tara Lloyd

Active to Senior

Rod Findlater finn energy Ltd.

Bob Funnell funnell resources Ltd.

Alicia Garay conocoPhillips canada

Randy Thomsen independent

The following error was made in the December 2012 Negotiator;

our apologies to Michelle.

Applicant Current Employer Sponsors

Associate

Michael Ferguson cavalier Land Ltd. terry cutting

(incorrect) nikki sitch, P.Land, PsL

greg strachan, P.Land

Michelle Ferguson cavalier Land Ltd. terry cutting

(correct) nikki sitch, P.Land, PsL

greg strachan, P.Land m

On the Move

Robert Bachynski Vero energy inc.

to independent

James Beninger open range energy corp.

to independent

Ryan Cavers Penn west exploration

to altaLink

Stephanie Charlebois cenovus energy inc.

to global immigration solutions

Margaret Davidson Penn west exploration

to independent

Greg Douglas huron energy corporation

to independent

Page 31: NEGOTIATOR - Canadian Association Of Petroleum Lan · The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple

Quality landwork begins with...

Respect.780.679.4222

www.lwrs .ca

Land Acquisition | Land Administration | Public Consultation | Regulatory Compliance Crown Land EAP and Environmental Field Reports | First Nation Consultation

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Dan Dugas independent

to steppe resources inc.

Robert Fathers independent

to Vertex Professional services Ltd.

Sandra Forsythe independent

to absolute Land & Lease LP

Tim Galbreath equal energy Ltd.

to Paradise energy corporation

Lee Hardy arc resources Ltd.

to eog resources canada inc.

Drew Horne independent

to seaton-Jordan & associates Ltd.

Brenda Hudson Penn west exploration

to Long run exploration

Andy Issler Penn west exploration

to independent

Jack McNeill Plains Midstream canada

to Proterra Landworks inc.

David McPherson heritage freehold specialists & co. Ltd.

to PetroBakken energy Ltd.

Ross Mortlock, P.Land waseca energy inc.

to independent

Sabrina Oakey Bonterra energy corp.

to angle energy inc.

Peter Parkinson independent

to corex resources Ltd.

Richard Press, P.Land archtop resources Ltd.

to corval energy Ltd.

Marsha Reynolds nuVista energy Ltd.

to delta oil & gas Land consulting Ltd.

Lorne Schwetz chinook Land consulting

to naL resources Management Limited

Bill Slipp independent

to first Mountain exploration Ltd.

Paula Smith Penn west exploration

to independent

Scott Sobie talisman energy inc.

to canadian international oil operating corp.

Lori Stern westfire energy Ltd.

to L. stern consulting Ltd.

Diane Vander Veen fairborne energy Ltd.

to red river oil inc. m

In MemoriamJames LendeIt is with deepest sadness that the CAPL announces the recent

passing of James Lende on November 20, 2012 at the age of 64.

Jim is survived by his wife Terry and two daughters as well as

numerous other relatives.

Jim was born in Vancouver and moved to Edmonton in the

1970’s and later to Calgary. Jim joined the CAPL in 1990 and was

President of Petro-J Land Services for over 30 years.

Jim and his staff took great pride in their stellar reputation.

His greatest joy was his family. He brought immeasurable happi-

ness to his family and he will be missed by all that had the

opportunity to know him. m

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The Social Calendar

EvEnT DATE TIME LOCATIOnCOST

(InCLUDInG GST)COnTACT nAME COnTACT PHOnE COnTACT EMAIL

REGISTRATIOn DEADLInE

CAPL General Meeting

Management night17-Jan-12 5:00 PM The Westin

Members: $52.50Non Members: $126

Kaitlin Polowski (403) 237-6635 [email protected] 7-Jan-13

2013 CAPL Ski Trip

8-Feb-13 TBD Lake LouiseMembers: $125

Non Members: $150Natalie Planeta

Will Glass(403) 476-7530(403) 648-2302

[email protected]@bonavistaenergy.com

NA

CAPL General Meeting

21-Feb-13 5:00 PM The WestinMembers: No charge

Non Members: $99.75Karin Steers (403) 237-6635 [email protected] 14-Feb-13

2013 CAPL Curling Bonspiel

28-Feb-13 11:30 AMCalgary Winter Club 4611 14 Street N.W.

Members: $130Non Members: $150

Kevin Koopman (403) 261-6584 [email protected] 13-Feb-13

2013 CAPL Squash

Tournament2-Mar-13 5:00 PM

The Glencoe Club636 29 Avenue S.W.

Members: $70Non Members: $70

Patrick Burgess (403) 298-1980 [email protected] NA

2013 CAPL Spring Ball

20-Apr-13 5:00 PM Hotel Arts Members: $100

Non Members: $100Mandy Cookson (403) 515-5733 [email protected] NA

* Please note: Registration forms can be downloaded from the CAPL website: General Meetings: http://landman.ca/events&meetings/general_meetings.php Social: http://landman.ca/events&meetings/social_events.php

Page 34: NEGOTIATOR - Canadian Association Of Petroleum Lan · The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple

Since 1978, Vertex has provided a versatile suite of services avaliable to ensure regulatory compliance and project success from development, through production, ending with abandonment and reclamation. We can handle any project related to:

Surface Land Acquisition Mineral Rights Leasing Provincial Land Sales Emergency Response Planning

Public Consultation & Notification Land Administration Project ManagementAcquisition & Divestiture

VERSATILITY. EXPERTISE.

403.229.3969 | vertex.caConstruction Services | Consulting & Engineering | Rentals & Oilfield Hauling

* Previously Pioneer P

rofessional Services G

roup

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CAPL Calendar of EventsJanuary 1 Tuesday New Year’s Day 8 Monday Board Meeting 11 Wednesday Alberta Land Sale 17 Thursday General Meeting 18 Wednesday British Columbia Land Sale 24 Tuesday Surface Land Fundamentals 25 Wednesday Alberta Land Sale 29&30 Mon-Tue Economic Considerations for Land Deals m

february 4 Monday Saskatchewan Land Sale 5 Tuesday Board Meeting 6 Wednesday Alberta Land Sale 13 Wednesday Manitoba Land Sale 18 Monday Family Day 20 Tuesday British Columbia Land Sale 21 Thursday General Meeting 26 Tuesday Professional Ethics: Theory & Application 27 Wednesday Well Spacings and Holdings 28 Thursday ERCB Non-routine Applications: Mitigating

Obstacles (PSL®) m

January Meetingthursday, January 17, 2013caPL Management nightspeaker: ezra Levant, tV news anchor, Bestselling author

and Provocateur

Reception: 5:00 p.m.

Where: The Westin

320 4 Avenue S.W.

Cost: Members: $52.50

Guests $126.00 includes GST

Reserved tables (8 people per table). Tickets must be ordered and paid for

by the organizing company by completing the Table Reservation form on

the website. Confirmation of attendance by noon Tuesday, January 9, 2013 to

[email protected]. m

February Meetingthursday, february 21, 2013speaker: tom harris, executive director, international

climate science coalition (icsc)

Reception: 5:00 p.m.

Dinner: 6:15 p.m.

Where: The Westin

320 4 Avenue S.W.

Cost: No Charge for Members

Guests $99.75 includes GST

All members are required to confirm their attendance by return email.

Only guests are required to purchase a ticket. Please list guest(s) name and

company(s) in your response. Email [email protected]. Please confirm your

attendance by email before noon on February 14, 2013. m

Page 35: NEGOTIATOR - Canadian Association Of Petroleum Lan · The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple

P R O V I D I N G T H E C O R N E R S T O N E O F E X P L O R AT I O N E F F O R T S

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Eliminate inconsistency and improve decision-making with IHS information and software tools.

Page 36: NEGOTIATOR - Canadian Association Of Petroleum Lan · The Magazine of the Canadian Association of Petroleum Landmen January 2013 THE NEGOTIATOR The Segregation Protocol: 5 Simple

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