Who is Jim MacLean?
I have worked in the oil and gas industry in commercial roles since I was hired by Chevron following my graduation from Dalhousie Law School in 1980. Although I have never worked in a legal capacity, my legal training has shaped the way that I assimilate information, assess and approach issues and prepare and review agreements.
I am a member of the Canadian Association of Petroleum Landmen (CAPL, Life Member), the Canadian Association of Petroleum Land Administration (CAPLA, Life Member), the Association of International Petroleum Negotiators (AIPN) and the Petroleum Joint Venture Association (PJVA).
Industry Volunteer Activities
I am best known for my ongoing volunteer activities through CAPL, CAPLA, PJVA and the Canadian Association of Petroleum Producers (CAPP) with respect to industry document standardization projects, regulatory advocacy projects and professional education.
The industry documents in which I have been involved are designed to balance the parties’ needs in a way that has successfully facilitated commercial interfaces over time and greatly increased industry’s efficiency and effectiveness in negotiating, documenting and administering agreements. Despite the major changes in our business in recent years, they remain at the foundation of industry’s value creation process. Billions of dollars are spent under them each year, and the ultimate testament to their quality is the fact that very few issues ever escalate into legal proceedings.
My volunteer activities include the following:
Drafted and spearheaded the industry engagement process for: the 1990 CAPL Operating Procedure and the 2007 and 2015 updates; the 1997 CAPL Farmout & Royalty Procedure and the 2015 update; and the 2000 CAPL Property Transfer Procedure and the 2017 update.
Contributed significantly at all phases of the project to the 2018 PJVA-CAPL Pad Site Sharing Agreement, with a focus on the Operating Procedure module and industry engagement.
Representing CAPL on PASC’s current project to update the 2011 PASC Accounting Procedure.
Represented CAPP in collaborative tenure review discussions with the Alberta Department of Energy that resulted in major enhancements to the AB land tenure system (1995 - 2004; 2010 - 2013; and 2014 - 2018).
Represented the Explorers and Producers Association of Canada (EPAC) in a joint industry-BC project that resulted in major enhancements to the BC P&NG Drilling Licence Regulation.
Initiated and participated actively in a joint CAPP - Indigenous and Northern Affairs Canada project that resulted in significant enhancements to the “Allowable Expenditures” process for exploration licences in Canada’s northern territories.
Initiated and participated actively in a joint CAPLA - Alberta Department of Energy project that resulted in the creation of the Monthly Statement Process for AB Crown mineral and surface payments.
Contributed significantly to the creation of the initial 1996 PJVA CO&O Agreement.
Drafted the 1988 CAPL Frontier Operating Procedure.
Work Experience
Principal, MacLean resource management ltd.| 2005 – 2009; 2019 – Present
A land consulting practice focused primarily on assisting clients with the negotiation of complex land contracts for conventional, unconventional and frontier projects and the provision of training. Clients have included a mix of larger and smaller companies.
Collaborated with a client and its legal counsel in 2019 in preparation of heavily customized agreements associated with an acquisition of a partial interest in a large property; drove large blocks of content.
Negotiated and finalized two large scale unconventional Western Canadian farmouts with earning expenditures totalling over $100MM.
Negotiated and finalized a complex farmin and operating agreement for a $100MM+ Mackenzie Delta Project in under a month to meet drilling rig commitment deadlines and joint operating agreements in the Mackenzie Valley for another client.
Negotiated a custom international farmout and joint operating agreement on an accelerated basis for a multi-billion dollar unconventional resource project on behalf of a small client.
Provided group training and individual mentoring services to a number of larger companies.
Prepared expert opinion on a CAPL Operating Procedure dispute that enabled the parties to settle before trial.
Manager, Mineral land asset management, Repsol Oil & Gas Canada Inc. (formerly Talisman Energy Inc.) | 2009 – 2018
Responsible for preparation and administration of mineral land contracts, mineral lease administration, effecting acquisition & divestiture transactions and management of the land information system. Also directly involved in various complex WCSB conventional and unconventional agreements.
Ensured compliance with internal controls and lease, contract and regulatory obligations, as evidenced by positive findings in the detailed 2018 internal process audit of the Department.
Effectively managed through a series of downsizings in a way in which major reductions were made over time (67%) without compromising compliance related obligations.
Played a major role in drafting or reviewing various complex WCSB conventional and unconventional agreements.
Created several major internal agreement precedents.
Significantly increased the emphasis on enhancing working relationships with other Departments, with realized cost savings and recoveries relative to third parties of approximately $9.5MM, between 2014 and the end of 2018.
Represented the mineral land function externally in various interfaces and industry projects.
Conducted detailed analyses of evolving Quebec legislative and regulatory regime.
Chevron canada resources | 1980 – 2005
Manager, Mineral Land | 1994 – 2005
Responsible for administration of mineral land contracts, creation of contract precedents, lease administration, effecting A&D transactions and surface acquisitions and administration. Also directly involved in the negotiation of a number of large-scale frontier agreements respecting east coast and northern projects and other strategic agreements.
Key member of negotiation team for the $8B+ Hebron Unitization and Operating Agreement.
Negotiated custom $65MM+ farmout and joint operating agreements in the Mackenzie Delta and $40MM Concession Agreements in the Inuvialuit Settlement Region.
Negotiated complex, large scale $100MM+ Western Canadian farmout.
Other chevron | 1980 – 1994
Various assignments in Planning and Business Processes; Acquisitions & Divestitures; Western Canadian Negotiations; Frontier Negotiations; and Land Administration.
Course Instruction, Publications & Presentations
An instructor of CAPL Courses on the CAPL Operating Procedure, the CAPL Farmout & Royalty Procedure and the CAPL Property Transfer Procedure on an ongoing basis, and also instruct courses on land agreements on behalf of CAPLA and the PJVA. A guest lecturer on the CAPL Operating Procedure at the University of Calgary Petroleum Land Management Program from 1991 to 2017 and at the University of Calgary Law School from 2008-2012.
Wrote over 65 articles for magazines published by CAPL and CAPLA on diverse topics, typically associated with the CAPL Operating Procedure, the CAPL Farmout & Royalty Procedure and the CAPL Property Transfer Procedure to assist industry with its transition to the updated documents.
A luncheon and conference speaker by invitation at numerous industry forums, including sessions hosted by CAPL; CAPLA; the AIPN; the Petroleum Accountants Society of Canada (PASC); PJVA; the Canadian Bar Association; the Legal Education Society of Alberta; and the Petroleum Law Foundation.
Industry Awards
CAPL Award of Merit (For a significant volunteer contribution to the Association through participation on a committee or in special events): 2015, 2000, 1996, 1990, 1988.
CAPL Herb Hughes Memorial Award (Life member award for numerous outstanding contributions to CAPL, while demonstrating exemplary professional conduct): 1999.
CAPLA President’s Award (Minimum of 10 years of volunteering in diverse roles with an outstanding contribution-can only be received once): 2015.
CAPP Merit Award (For special contributions on a CAPP project): 2003, 1996.