Exploring the Balance of Power in the Operator/Non-Operator Relationship Under the CAPL Operating Procedure
AbstractThis article explores the differing rights and obligations of operators under the evolving versions of the Canadian Association of Petroleum Landmen (CAPL) Operating Procedure, particularly its 1981, 1990, and 2007 forms. It investigates the way in which the various iterations of the CAPL Procedure attempt to manage the balance between the competing interests of operators, and the way in which the courts have allocated responsibilities among the parties in their decisions. The evolution of the CAPL Procedure, in response to changes in industry or the courts' interpretation, speaks to the continued responsiveness of CAPL to industry needs.
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