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DIGITAL CONVEYANCE OF CANADIAN LANDS Don MacDiarmid VP, Legal Services, Canadian Operations Sherry Batke Advisor, Land Calgary | April 14 | 2015

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Page 1: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

DIGITAL CONVEYANCE OF CANADIAN LANDS

Don MacDiarmidVP, Legal Services, Canadian Operations

Sherry Batke Advisor, Land

Calgary | April 14 | 2015

Page 2: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)
Page 3: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

Future Oriented InformationIn the interests of providing Encana Corporation (“Encana” or the “Company”) shareholders and potential investors with information regarding Encana, including management’s assessment of Encana’s and its subsidiaries’ futureplans and operations, certain statements contained in this presentation are forward-looking statements or information within the meaning of applicable securities legislation, collectively referred to herein as “forward-lookingstatements.” Forward-looking statements in this presentation include, but are not limited to: projections contained in the 2012 Corporate Guidance (including but not limited to estimates of cash flow, including per share amounts,natural gas, oil and natural gas liquids (“NGLs”) production, capital investment and its allocation, net divestitures, operating costs, and estimated 2012 sensitivities of cash flow and operating earnings); projections for 2013 (includingbut not limited to capital investment, net divestitures, net capital investment, natural gas, oil and NGLs and total liquids production, cash flow, net debt, and cash balance as of year-end); 2012 projected net debt and cash balance asof year-end; projection for long-term natural gas prices to reflect marginal supply cost; achieving a more balanced portfolio of production and cashflow; projected number of wells to be drilled in 2012 and their distribution among theCompany’s plays; projected percentage shift of capital investments to liquids rich plays from 2012 to 2013 and expected cash flow contribution from liquids production by 2013; the flexibility of capital spending plans and the sourcesof funding therefore; the ability to maintain investment grade credit rating; ability to attract new joint venture capital and implement existing joint ventures; projection to maintain current level of dividends; the effect of the Company'srisk management program, including the impact of commodity price hedges in 2012 and 2013; projections, estimates and future plans and strategies for the Canadian and USA Divisions, various properties, plays basins and otherassets, including liquids content and production growth for 2012-2013, PIIP, COIP, NGIP and EUR, target well cost, drilling, completion and tie-in (“DCT”) costs, operating cost, transportation cost, drilling plans and well inventories,reductions in supply costs and estimates of reserves and economic contingent resources; forecast date of first natural gas production for Deep Panuke; projected coal to gas displacement for 2012 to 2013; expected coal unitretirements by 2025 and expected increase in potential natural gas demand; expected increase in natural gas demand from transportation; projected North American LNG export opportunity up to 2020, including from Kitimat LNGProject; short-, medium- and long-term projected increase in natural gas demand from various sectors; projected North American natural gas production from 2012 to 2013, including by product types; projected future NorthAmerican natural gas prices; projected U.S. and Western Canadian ethane and propane supply and demand up to 2017; and expectations for NGLs' prices, supply and demand in the future.

Readers are cautioned not to place undue reliance on forward-looking statements, as there can be no assurance that the plans, intentions or expectations upon which they are based will occur. By their nature, forward-lookingstatements involve numerous assumptions, known and unknown risks and uncertainties, both general and specific, that contribute to the possibility that the predictions, forecasts, projections and other forward-looking statements willnot occur, which may cause the Company’s actual performance and financial results in future periods to differ materially from any estimates or projections of future performance or results expressed or implied by such forward-looking statements. These assumptions, risks and uncertainties include, among other things: volatility of, and assumptions regarding natural gas and liquids prices, including substantial or extended decline of the same and theiradverse effect on the Company’s operations and financial condition and the value and amount of its reserves; assumptions based upon the Company’s current guidance; fluctuations in currency and interest rates; risk that theCompany may not conclude divestitures of certain assets or other transactions (including third-party capital investments, farmouts or partnerships, which Encana may refer to from time to time as “partnerships” or “joint ventures”,regardless of the legal form) as a result of various conditions not being met; product supply and demand; market competition; risks inherent in the Company’s and its subsidiaries’ marketing operations, including credit risks;imprecision of reserves estimates and estimates of recoverable quantities of natural gas and liquids from resource plays and other sources not currently classified as proved, probable or possible reserves or economic contingentresources, including future net revenue estimates; marketing margins; potential disruption or unexpected technical difficulties in developing new facilities; unexpected cost increases or technical difficulties in constructing or modifyingprocessing facilities; risks associated with technology; the Company’s ability to acquire or find additional reserves; hedging activities resulting in realized and unrealized losses; business interruption and casualty losses; risk of theCompany not operating all of its properties and assets; counterparty risk; downgrade in credit rating and its adverse effects; liability for indemnification obligations to third parties; variability of dividends to be paid; its ability togenerate sufficient cash flow from operations to meet its current and future obligations; its ability to access external sources of debt and equity capital; the timing and the costs of well and pipeline construction; the Company’s abilityto secure adequate product transportation; changes in royalty, tax, environmental, greenhouse gas, carbon, accounting and other laws or regulations or the interpretations of such laws or regulations; political and economicconditions in the countries in which the Company operates; terrorist threats; risks associated with existing and potential future lawsuits and regulatory actions made against the Company; risk arising from price basis differential; riskarising from inability to enter into attractive hedges to protect the Company’s capital program; and other risks and uncertainties described from time to time in the reports and filings made with securities regulatory authorities byEncana. Although Encana believes that the expectations represented by such forward-looking statements are reasonable, there can be no assurance that such expectations will prove to be correct. Readers are cautioned that theforegoing list of important factors is not exhaustive. In addition, assumptions relating to such forward-looking statements generally include Encana’s current expectations and projections made in light of, and generally consistent with,its historical experience and its perception of historical trends, including the conversion of resources into reserves and production as well as expectations regarding rates of advancement and innovation, generally consistent with andinformed by its past experience, all of which are subject to the risk factors identified elsewhere in this presentation.

Assumptions with respect to forward-looking information regarding expanding Encana's oil and NGLs production and extraction volumes are based on existing expansion of natural gas processing facilities in areas where Encanaoperates and the continued expansion and development of oil and NGL production from existing properties within its asset portfolio. Forward-looking information respecting anticipated 2012 cash flow for Encana is based upon,among other things, achieving average production for 2012 of 3.0 Bcf/d of natural gas and 30,000 bbls/d of liquids, commodity prices for natural gas and liquids based on NYMEX $3.25 per Mcf and WTI of $95 per bbl, an estimatedU.S./Canadian dollar foreign exchange rate of $1.00 and a weighted average number of outstanding shares for Encana of approximately 736 million. Forward-looking information respecting anticipated 2013 cash flow for Encana isbased upon achieving average production for 2013 of between 2.9 Bcf/d and 3.1 Bcf/d of natural gas and 60,000 bbls/d to 70,000 bbls/d of liquids, commodity prices for natural gas and liquids based on NYMEX $3.50 per Mcf andWTI of $90 per bbl, an estimated U.S./Canadian dollar foreign exchange rate of $1.00 and a weighted average number of outstanding shares for Encana of approximately 736 million.

Furthermore, the forward-looking statements contained in this presentation are made as of the date hereof and, except as required by law, Encana undertakes no obligation to update publicly or revise any forward-lookingstatements, whether as a result of new information, future events or otherwise. The forward-looking statements contained in this presentation are expressly qualified by this cautionary statement.

Page 4: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

Presenters

• LegalDonald MacDiarmid has been practicing law for nearly 25 years and is currently Vice-President Legal Services Canadian Operations, at Encana. Prior to attending law school Don worked for 5 years with Gulf Canada Resources in various petroleum engineering roles in Calgary and Estevan, SK. In 18 years of private practice law with Bennett Jones LLP and later Osler, Hoskin and Harcourt LLP, Don's work focused on energy and construction transactions in oil sands, conventional O&G and electrical power projects, both domestically and internationally. Outside of his legal work, Don is the Chair of the Board of the Calgary Centre for Newcomers, a non-profit organization that assists in the settlement and integration of immigrants into the Calgary community.

• LogisticsSherry Batke, CPLCA, certified Lean practitioner, Senior Land Advisor at Encana. She has served on the CAPLA Board in the Director and Executive roles and committees including Leadership, and Government Relations, and is currently active on the CAPLA Alberta Tenure Industry Advisement Committee and co-chair of the Awards Committee. Sherry facilitates and participates in resolving industry, regulatory and company workflow challenges and promotes effective information, communication, governance and record management for oil and gas. She enjoys the pursuit of effective management of assets and value add to companies, government, industry and land careers alongside the changing and trending world of technology and business process management - enterprise to workflow.

• Supporting Q&ATom Zuorro, VP Land, Ember ResourcesAlistair Anderson, Director, Mineral Land Asset Management, Encana

Page 5: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

AGENDA

• Legal Considerations

• Logistics

• Potential

• Recommendations

• Questions

Page 6: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

CONVEYANCE SIZE

Page 7: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

Legal ConsiderationsHistorically, contracts could be concluded orally or in writing.

Technological advances have provided a number of evidentiaryalternatives to the extremes of oral or hand-signed written contracts:

• recorded phone conversations• facsimile or pdf signatures• exchange of emails• electronic signatures

Electronic Transactions Act (Alberta)

• establishes that where a document must be evidenced inwriting, an electronic signature will satisfy the legal requirement

• excluded from the Act, however, are agreements “that create ortransfer interests in land, including interests in mines andminerals”.

Page 8: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

Legal ConsiderationsStatutes of Frauds, 1677 (UK)

Question: Can the writing requirements of the Statute of Frauds besatisfied where:

• entire agreement is set forth in email or on a website

• the agreement is signed electronically

• each party receives a complete printable copy of the electronicagreement?

Page 9: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

Legal ConsiderationsLeoppky v. Meston, 2008 ABQB

Case has not been considered by an appeal court.

Signature was a pdf of actual human signature not a stylizedcomputer generated signature.

Documents required for Land Titles Office registration should still behand-signed originals.

As Statute of Frauds is intended to protect against fraud, it will beimportant to be able to show that the application of electronicsignatures was controlled by the individuals whose signatures arebeing used.

Page 10: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

Reduce Time & Legal Cost, Maintain Quality & Control

Page 11: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

What’s the difference?

Page 12: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

DIGITAL EXAMPLECO-SIGN WEBSITE

Page 13: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

TEMPLATES & VOLUME OVERALL

Page 14: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

REQUIREMENTS

Page 15: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

TIME: PROJECT COMPONENTS

Page 16: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

QUALITY: PROCESS CONTROLS

Page 17: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

$-

$20,000.00

$40,000.00

$60,000.00

$80,000.00

$100,000.00

$120,000.00

$140,000.00

Past("IF" All Manual)

Present(Actual - Combo)

Future("IF" All Digital)

Cost Analysis

Signing (Digital)Signing (Pen)BulkloadingStoringImagingPrinting (Digital)Printing (Pen)

$ 127,000

$ 51,500

$ 4,100

Page 18: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

FUTURE POTENTIAL

Page 19: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

IS DS RIGHT FOR YOUR DEAL?

Page 20: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

RECOMMENDATIONS

• Meet requirements of Statutes of Fraud• Share knowledge and learnings with industry • Evolution

– industry expectations– risk mitigation by industry and regulators

• Mirror pen process– managing change and details

• Manage industry requirement gaps with Vendor support• Certification of Signature• Cost Savings• Efficient & Accurate

Page 21: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

Questions?

Page 22: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

Thank You

ENCANA EMBER RESOURCES LTD.Alistair Anderson Tom ZuorroSherry Batke Steve GillSteve Biswanger Norine MillerStephen Cyr Lynda MacNeilBrandon Ferguson Darlene StarrHeather Gale Kelly ThomTerri HarperSteve Johnson

Naomi Kenyon ARX Co-SignDyan Kidd Mike MiltonDon MacDiarmidLinda MacNeilShane Moss

David Pawlik WEST CANADIANMyles Pirie Viktoria KazcurMelissa Sadal Patricia Rye

Rose Schellenberg

Julie ShaverKim SimpkinSterling Swartout CAPLAMeaghan SutherlandElizabeth WatersBrian WestonShawn Wyman

Either directly or indirectly, these people and corporations made the difference!

Page 23: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

COSTS: PROJECT COSTS – ALL PEN

OVERALL COST OF DEAL

PEN 100% Total Time In Hours

$/Hr$100/Hr * 5

people

Cost To Place Pen Signatures

Total Time * $/Hr

Print Costs Imaging / Storing Costs

Pen 67 $ 500 $ 33,500 $ 4,200 $ 4,800

Digital (Converted to Pen) 111 $ 500 $ 55,500 $16,600 $ 12,400

178 $ 89,000 $ 20,800 $ 17,200 $ 127,000

$ 127,000

Associated Costs – Pen Sign

Printing Average / page $ 0.22

Imaging Average / page $ 0.52

Storing Average / page $ 0.10

Signing (Pen) Average / signature $ 1.67

Page 24: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

COSTS: PROJECT COSTS – PEN & DIGITAL

OVERALL COSTOF DEAL

OVERALLSAVINGS

(FROM ALL PEN TO PEN & DIGITAL)

$ 127,000

PEN 40% Total Time In Hours

$/Hr$100/Hr * 5

people

Cost To PlacePen Signatures

Total Time * $/Hr

Print Costs Imaging / Storing Costs

67 $ 500 $ 33,500 $ 4,200 $ 4,800 $ 42,500

DIGITAL 60% Total Time In Hours

$/Hr$100/Hr * 2

people

Cost To Place Digital Signatures

Total Time * $/Hr

Print Costs Bulk Loading Costs

5 $ 200 $ 1,000 $ 6,000 $ 2,000 $ 9,000

$ 34,500 $ 10,200 $ 6,800

$ 51,500 $ 51,500

SAVED $ 75,500

Associated Costs – Pen & Digital Sign

Printing Average / page $ 0.22

Imaging Average / page $ 0.52

Storing Average / page $ 0.10

Bulk Loading Average / page $ 0.20

Signing (Pen) Average / signature $ 1.67

Signing (Digital) Average / signature $ 0.10

Page 25: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

WORKFLOW TYPE CHART

Page 26: DIGITAL CONVEYANCE OF CANADIAN LANDS · Calgary | April 14 | 2015. Future Oriented Information. In the interests of providing Encana Corporation (“Encana” or the “Company”)

PROCESS CONTROLS