Thank you.
I'd like to thank the committee for the opportunity to present today.
The topic of northern economic development is one of great interest to the oil and gas industry when considering the current and future opportunities before us. I'd like to share with you today what we see as some of the opportunities and challenges around doing business in the north.
The Canadian Association of Petroleum Producers represents 130 companies that explore for, develop, and produce more than 90% of Canada's natural gas and crude oil. CAPP members comprise the majority of companies that are active in the north, both exploring and producing.
CAPP believes this is a timely discussion. The oil and gas sector is poised to commit investment in the north, but it is still assessing returns and risks, among which regulatory risk is becoming the most daunting. Similarly, territorial and aboriginal regional governments are poised to make the most of economic development. Efforts to improve the system now could have much more impact than if they are deferred, and continuing with the status quo carries serious risks for the expectations and aspirations of northerners and all Canadians for northern Canada.
The most recent estimates by the NEB indicate that there are potential resources of 122 trillion cubic feet of gas and 6.7 billion barrels of oil in the north. To put these numbers in perspective, they are comparable to the remaining conventional reserves in the western Canada sedimentary basin. There remains an ultimate potential of 140 trillion cubic feet in the WCSB, and the potential of oil in the north is equivalent to the remaining conventional reserves in Alberta. There are significant resources awaiting development in the north, and more to be found through increased exploration.
Despite this, the north continues to see low levels of activity. On average, about 15 wells per year have been drilled over the last decade, with a corresponding annual investment of roughly $400 million to $500 million. These numbers in some ways understate the problem, as many of these wells are on existing fields and not indicative of new exploration. Certainly the numbers are disproportionate to the potential and compared to the provinces, where thousands of wells have been drilled and billions invested right up to the NWT border.
To date, industry growth has been stymied by various risks of doing business in the north. The risks I'll speak to today are regulatory complexity, an imbalance between surface and subsurface rights, incoherence in policy and decision-making, uncertainty related to benefits and consultations, capacity challenges, and planning initiatives that foreclose future industry activity. There are, of course, other factors that will affect industry investment. Geology, commodity price, and access to markets are all important, but the ones I've highlighted are ones where government can exert the most positive influence.
The effect of the political and regulatory evolution of the north has been to move from a unified system of oil and gas administration to a fragmented one. Each region has a different array of authorities and processes involved in decision-making and co-management of resources. This places a heavy duty on operators.
We understand that many elements of the regulatory system are tied to land claim settlements. We do not want criticisms of the regulatory system to be understood as criticizing those settlements. CAPP supports the land claims settlement process and respects the rights that have been enshrined in the land claims. However, in considering the regulatory system that has been established to implement those claims, we believe there are opportunities for improvement.
It should be possible for an operator to gain familiarity with the process so that requirements can be understood and met, and authorizations approved, without undue effort by the operator, the community, or the regulator. Too often we find that this not the case. Similar applications receive different treatment, not only among regions but even within them, such that operators cannot anticipate how their applications will be handled and plan effectively. This increases the risk inherent in northern resource activities. This risk is out of proportion for a Canadian jurisdiction and is not contributing to better or more effective and efficient decision-making. The economic impact is magnified in northern Canada, because locating and monetizing non-renewable resources remains the primary and in some areas the only opportunity for wealth creation.
Current arrangements create an imbalance between surface and subsurface interests. Applicants have no recourse when negotiations come to an impasse, for example, over benefits or terms of access. Proponents are trapped in a process where there is no way to advance resolution, other than by making concessions. Dispute resolution was provided for in the land claims settlements in the Mackenzie Valley, but no such mechanism has been introduced.
Obviously northern governments serve a wide range of interests. However, there are risks created when resource management policy becomes a secondary concern in processes driven by other priorities and interests.
Both INAC and the Government of the Northwest Territories have stated positions in favour of sustainable economic development, with a prominent role for non-renewable resource activity. In many processes sponsored by government, however, resource considerations are absent, and decisions made at the operational level do not reflect the broader vision.
Proponents continue to face onerous and variable demands from the communities and from boards regarding benefits. We believe that a lack of transparency with respect to benefit arrangements does not engender confidence in the process nor a complete understanding of the overall burden placed on industry. Benefits accrue to communities and regions in multiple ways, through benefits agreements, direct and indirect employment, access fees, and revenue sharing under the terms of land claim settlements. Communities are not always well informed on the full range of benefits, and this leads to circuitous discussions and escalation of demand. At the same time, companies need to appreciate their obligations.
Further, consultation requirements are onerous and inefficient. Consultations are required for so many matters that communities are easily overloaded and confused; neither are consultation requirements in proportion to the scale of the proposed activity. A common complaint about northern processes is that the system does not have the capacity to handle more than a few applications at a time. CAPP's view is that capacity is not simply a matter of resources, but has to do with available expertise, flexibility, timeliness, and how resources are deployed. Industry can attest to indications that capacity is inadequate, in that the time required to process applications is increasing rather than decreasing, as would be expected; there seem to be more frequent delays and interruptions attributable to problems of availability--for example, getting board quorum; and there is a poor understanding of industry practices among northern regulators.
Various planning processes are under way across the north, be it through land use planning or other initiatives. Industry supports the concept of land use planning, except too often in the north it has been framed as a conservation process, not as one about balancing land uses.
Various reports have been prepared recently that outline some of the solutions to the problems identified above, be they the Auditor General's reports or the recent McCrank report called The Road to Improvement. I'd be happy to provide your clerk with a copy of our submission to Mr. McCrank, which outlines some other actions that we feel are worth consideration. I won't repeat all the good recommendations that have been made over time with respect to improving the system, but the following are a few that I believe are worth highlighting.
First is a commitment to implementing a better and more functional system. A range of opportunities exist to improve the system through both small-scale change, such as administrative arrangements between regulators, and more fundamental change that may require legislative change. Various reports have identified them. What is needed is a commitment to the implementation of recommendations that have been identified over time and the accountability to deliver on them.
Balance surface and subsurface rights. There is an opportunity for the federal government to introduce surface rights legislation in the NWT, provided for in the land claims of the Mackenzie Valley, that will give companies increased certainty and confidence that they will be treated fairly and transparently.
Build coherence between objectives and practice, and create accountability within the system to deliver on those objectives. Too often the message of enabling economic development is lost, or the assumption appears to be that it will happen inevitably. This is not the case, as the last several years have demonstrated. Leadership is necessary to drive change and enable the opportunities for development that exist.
Clarify benefits and consultation expectations. Clarity of roles, responsibilities, and expectations for all stakeholders would be beneficial.
Address capacity challenges. In addressing capacity, the challenge is not only to provide additional resources through funding or training, though these are beneficial. What is needed is consideration of ways to consolidate and streamline such that the technical resources and expertise available are used to greatest effect.
Balance land use planning. Planning processes need to be as much about enabling responsible access and development as they are about conservation, if economic development is desired.
I'd like to thank the committee for the opportunity to present today. The resource potential exists for a viable and productive industry in the north that contributes to a sustainable economy while protecting the northern environment, contributes to the development of northern communities, and helps promote Canada's sovereignty in the north, but these opportunities may not be realized without addressing the challenges identified above.
I'd be pleased to take any questions from the committee.
Thank you.