Oct 06 2011

Something to Watch

Published by at 7:07 pm under Industry Commentary see Legal Disclaimer.

An article yesterday titled ‘No regulatory approval needed for PetroChina-Athabasca deal‘ – reading time 2 minutes – reports that if PetroChina purchases the 40% interest in the Mackay/Dover Athabasca Oil Sands Corp. (‘Athabaska’) project it does not already own, no Investment Canada Act review will be triggered. This is because a review is not triggered under that Act if a non-Canadian already controls a Canadian business. In this case PetroChina currently owns 60% of Athabasca.

That leads to me:

  • wanting to follow this story as it unfolds, which I will do in these e-mails. I will be surprised if PetroChina doesn’t acquire the balance of Athabasca it does not own, thereby wedging Chinese interests more firmly into Canada’s Oil Sands opportunity. Is say this because I believe that irrespective of what environmentalists and others say and do to try to stop Oil Sands development, practicality and commercial reality will dictate that the Oil Sands will be further developed as time passes;
  • wonder whether an Investment Canada Act review results where a non-Canadian purchases control of a non-Canadian company that owns a controlling interest in, or all of, a Canadian company. If such a transaction is not subject to Investment Canada Act review this could represent a back-door way for a foreign government or foreign company to gain control, and ultimate complete ownership of Canadian domiciled assets. I will follow up on this with one of my knowledgeable lawyer friends, and let you know the answer in a subsequent e-mail.

I believe the Canadian Oil Sands, housing about one-third of the world’s current known oil reserves, collectively is a world ‘strategic asset’. I have thought that since the early 1970′s, and continue to believe that. I expect China to be demonstrate more and more interest in Canada generally, and the Oil Sands in particular, and think that interest has a very strong likelihood of leading to conflict between the United States and China as time passes.

Some things to think about.

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