Working Interest Claims Process

WICs must only be submitted to the AER when the incurred costs are complete in accordance with the Regulator’s rules and regulations. All costs must be segregated into their associated activities and claimed independently. Please note, only one WIP may submit a WIC with funds being redistributed amongst any remaining WIPs post-reimbursement.

1. Authorization for Expenditures (AFE)
   1. Applicants should notify the OWA of their intentions of making a WIC by sending the OWA an AFE for review prior to commencing operations. The OWA will not “approve” any AFEs but will acknowledge receipt and provide information to applicants should any proposed costs appear to be outside of industry norms. We will approve WICs that follow the AFE as provided.
   2. We will discuss decisions that need to be made during operations to ensure work is completed efficiently, and is potentially eligible for reimbursement. If the work has already occurred, the OWA will not reply to the AFE. This process is meant to help the OWA better manage the influx of claims and ensure that the proposed work plan is in line with industry standards. This is for the protection of all parties. 
   3. Please submit AFEs to AFE@orphanwell.ca. You can expect a response within 30 days.
2. Claim Submission and Eligibility
   1. WICs must be submitted through the AER website once the work is complete. The AER will determine WIC eligibility based on a review of the criteria for a defaulting WIP in the Oil and Gas Conservation Act (OGCA). The AER may request supplementary information to support working interest percentage in the wells and facilities, if discrepancies arise against AER records.
   2. Inquiries can be directed to the AER’s Orphaning, Insolvency and Legacy Team at CostClaims@aer.ca. If the total required document size exceeds 70 MB, please email the remaining files to CostClaims@aer.ca.
3. Documentation and OWA Review
   1. The AER will refer eligible WICs to the OWA for a technical review of incurred costs and to provide comment. The minimum requirements for WIC submission are found in s. 16.541 of the OGCR. The WIC must include:
      1. AER online WIC Form completed in full,
      2. Copy of AER Order, if applicable,
      3. Documentation to support the request to deem the WIP as defaulting, as per s. 70(2)(b) of the OGCA:
         1. Proof of Non-Active Corporate Status from Corporate Registry Search.
         2. Where a defunct WIP retains an active corporate status, documentation to support multiple attempts to collect funds from the defunct partner, including rejected/returned deliveries and any response from the defaulting WIP
      4. Summary expenditures using the OWA single-site or multi-site template, including:
         1. WIC activity
         2. Invoice date
         3. Vendor name
         4. Invoice number
         5. Invoice amount
         6. Amount claimed (working interest per cent)
         7. Comments:
            If applicable, please indicate the specific activities that have received Site Rehabilitation Program (SRP) funding. Licenses/sites that have received SRP funding will not be eligible for a WIC unless the WIP/claimant can demonstrate which specific closure activities have received funding. Any additional costs being claimed through the WIC program will be the sole responsibility of the WIP/claimant to demonstrate as separate and unfunded to the satisfaction of the AER. The AER will continue to review submissions on a case-by-case basis and may request additional information/documentation to ensure eligibility as per s.3.071(2)(g) and 16.541(2)(i) of the Oil and Gas Conservation Rules.
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            For reclamation or remediation work, please include a comment stating whether the cost was for Phase 1 ESA, Phase 2 ESA, remediation cost (Remediation Certificate required) or reclamation cost, as well as totals for each Phase.
      5. Invoices and tickets for all expenditures. This must include total costs incurred as outlined in OGCR s. 16.541.
      6. Daily operation reports.
      7.  Salvage credits or, alternately, an explanation detailing why no salvage was obtained. Please note that the salvage value given is expected to be market value, even if the tubing or equipment has not yet been sold at the time of the application.
      8. If licenses were operating during the period when a working interest participant is known to be insolvent, claimants are expected to identify net production revenue received pursuant to s.71(1) of the OGCA without set-off for working interest participant expenditures incurred on unrelated assets.
   2. ‍NOTE: Claims with insufficient documentation may be rejected or returned, including incomplete claims (missing invoices, invoices with inadequate work description) or poorly organized submissions.
4. Final Processing and Payment
   1. After the OWA has completed the review and confirmed that all relevant documentation has been provided, we notify the AER of the proposed payment amount. The AER reviews the amount and if approved, notifies us that the final payment can be made directly to the claimant. If the claimant maintains any outstanding debt with the AER, final reimbursement may be withheld until debt(s) have been satisfied. Please note it is the AER/OWA preference that only one claim is submitted with reimbursement to be redistributed by the claimant amongst any remaining WIP(s)

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