Aboriginal Interests in Oil & Gas Development
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P A C I F I C B U S I N E S S & L A W I N S T I T U T E Aboriginal Interests in Oil & Gas Development November 14 th & 15 th , 2013 • University of Calgary Downtown Campus • Calgary, AB Co-Chaired by Joanne F. Crook Heather L. Treacy, Q.C. Walsh LLP Davis LLP Consider including this program as part of your continuing professional development plan
Transcript of Aboriginal Interests in Oil & Gas Development
P A C I F I C B U S I N E S S & L A W I N S T I T U T E
Aboriginal Interests in Oil & Gas Development
November 14th & 15th, 2013 • University of Calgary Downtown Campus • Calgary, AB
Co-Chaired by Joanne F. Crook Heather L. Treacy, Q.C. Walsh LLP Davis LLP
Consider including
this program as
part of your continuing
professional development plan
REGISTER TODAY!
www.pbli.com
• Lawyers practising in the areas of Aboriginal law, resource development and/or environmental law• Consultation/accommodation negotiators• Aboriginal leaders, councillors and negotiators • Oil and gas industry executives, project managers and negotiators• Federal, provincial and municipal government officials involved in resource development and
the management of Crown land• Accountants, consultants and others advising First Nations, industry or government
Who Should Attend:
This forum brings together leading experts to discuss key issues with respect to Aboriginal interests in oil and gas development. Delegates will learn about significant legal decisions, policy developments and legislative developments affecting the oil and gas industry and Aboriginal peoples.
In addition, esteemed faculty will provide delegates with in-depth information on completing oil and gas transactions both on reserve and on Crown land.
Finally, we will discuss legal and ethical considerations when doing business with First Nations, the U.S. Foreign Corrupt Practices Act, disclosure rules, and important pipeline and marine transport issues.
Aboriginal Interests in Oil & Gas Development
Co-ChairsJoanne F. Crook, Managing Partner, Walsh LLP, Calgary, AB. It has always been Ms. Crook’s goal to practise Aboriginal law and work with First Nation communities. She has developed her practice to include First Nations governance, Aboriginal and treaty rights, specific claims, sectoral self-government agreements, child protection, and employment matters. Ms. Crook maintains her practice at the Calgary office but often attends the Standoff and Lethbridge offices to meet with clients and attend at Lethbridge Provincial Court. She believes strongly in giving back to the community and has volunteered for numerous charitable and non-profit organizations.
Heather L. Treacy, Q.C., Partner, Davis LLP, Calgary, AB. Ms. Treacy’s practice is focused on civil litigation and dispute resolution with a particular emphasis on the oil and gas sector. She has acted on numerous oil and gas disputes, including contract, lease, farm-out and operating agreement issues, and royalty calculation disputes. She also has expertise in Aboriginal law and provides advice on treaty issues, Aboriginal rights and title issues, Métis issues, land and reserve issues, Indian Act matters, issues arising under the Indian Oil and Gas Act and regulatory regime, consultation and accommodation issues, issues North of 60, land claim agreements, impact benefit agreements,
training and employment agreements, joint-venture agreements, legislative regimes and resource issues, and First Nation governance matters. She has been recognized as a pre-eminent lawyer in the area of Aboriginal law by the Canadian Legal Lexpert® Directory (2010 to 2013) and by Best Lawyers in Canada (2013 and 2014).
FacultyDouglas R. EyfordPartnerEyford Macaulay Shaw & Padmanabhan LLPVancouver, BC
Peter L. MillerSenior CounselImperial Oil LimitedCalgary, AB
Neil ReddekoppCounselAckroyd LLPEdmonton, AB
Dorothy First RiderCouncillorBlood Tribe Standoff, AB
Deana MortonSenior Manager, Taxation ServicesMNP LLPEdmonton, AB
Alladin VersiNational Aboriginal Taxation Services LeaderMNP LLPNanaimo, BC
Terry BachynskiPresident and CEO JDEL Associates Ltd.Edmonton, AB
JoAnn P. JamiesonPartnerLawson Lundell LLPCalgary, AB
John OlynykPartnerLawson Lundell LLPCalgary, AB
Melanie D. WellsSenior AssociateWalsh LLPCalgary, AB
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Aboriginal Interests in Oil & Gas Development
— November 14th, 2013 —
9:00 Welcome and Introduction to Day OneJoanne F. Crook Heather L. Treacy, Q.C.Walsh LLP Davis LLP
9:10 Métis and Non-Status Aboriginal Rights to Oil & GasNeil ReddekoppAckroyd LLP• R. v. Hirsekorn• The link between harvesting rights and the duty to consult• The pan-Aboriginal message of Haida Nation v. British
Columbia (Minister of Forests)• Métis and Crown consultation policies
10:05 Refreshment Adjournment
10:20 Consultation and AccommodationDorothy First Rider Neil ReddekoppBlood Tribe Ackroyd LLP• The Government of Alberta’s Policy on Consultation
with First Nations on Land and Natural Resource Management, 2013
• Case law update: review, analysis and implications of recent case law
• Gaps in regulation• Recommended action
11:20 Update on Recent Legislative DevelopmentsJohn OlynykLawson Lundell LLP• Indian Oil and Gas Act• Responsible Energy Development Act• Aboriginal Consultation Levy Act
12:15 Luncheon Adjournment
Doing Deals With First Nations
1:45 Doing Business on Reserve LandMelanie D. WellsWalsh LLP• Designation of reserve land• The regulatory regime• Obligations and involvement of the Federal Crown
and industry• Involvement of the First Nation• Other practical considerations
2:40 Refreshment Adjournment
2:55 Doing Business on Crown LandTerry Bachynski Joanne F. Crook JDEL Associates Ltd. Walsh LLP• The regulatory regime• Meeting everyone’s expectations
• Traditional territories and land use studies• Potential claims• Obligations and involvement of the Federal Crown and
industry• Involvement of First Nations• Do you need an impact benefit agreement?• Documentation required• What you need to be aware of
3:55 Structuring the TransactionsDeana Morton Alladin VersiMNP LLP MNP LLP• Equity participation• Royalty sharing
4:50 Chairs’ Closing Remarks
5:00 Forum Concludes for Day One
— November 15th, 2013 —
9:00 Welcome and Introduction to Day TwoJoanne F. Crook Heather L. Treacy, Q.C.Walsh LLP Davis LLP
9:10 Legal and Ethical Considerations & the Foreign Corrupt Practices ActJoAnn P. Jamieson Peter L. MillerLawson Lundell LLP Imperial Oil Limited• Legal and ethical considerations when doing business
with First Nations • Overview of the U.S. Foreign Corrupt Practices Act and
the U.S. Dodd-Frank Act disclosure rules • Disclosure of payments made to First Nations in Canada• Is the Foreign Corrupt Practices Act a barrier to
completing oil and gas transactions with First Nations?• Structuring agreements to ensure legitimacy
10:10 Refreshment Adjournment
10:25 Pipeline and Marine Transport IssuesDouglas R. EyfordEyford Macaulay Shaw & Padmanabhan LLP• First Nation involvement• Consultation• Other types of participation• What do project proponents need to do at the ground
level?
11:25 Faculty Roundtable
12:10 Chairs’ Closing Remarks
12:15 Forum Concludes
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Aboriginal Interests in Oil & Gas Development
November 14th & 15th, 2013University of Calgary Downtown Campus
Calgary, AB
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