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ARTICLE · 29 MARCH 2023

Saskatchewan Makes It Easier To Adopt Orphan Wells

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Two recent insolvencies have resulted in the number of orphaned wells and facilities in Saskatchewan ballooning to over 4,000. To reduce the burden on the Saskatchewan orphan fund...

CanadaInsolvency/Bankruptcy/Re-Structuring

Two recent insolvencies have resulted in the number of orphaned wells and facilities in Saskatchewan ballooning to over 4,000. To reduce the burden on the Saskatchewan orphan fund, The Oil and Gas Tenure Registry Regulations have recently been amended to authorize the Administrator of Oil and Gas Tenure in the Lands and Mineral Tenure Branch of the Ministry (the Administrator) to assign or convey a lease that is currently held by a holder that is insolvent, bankrupt, defunct or cannot be located. These amendments follow the consultation period to The Oil and Gas Tenure Registry Regulations that concluded on August 26, 2022, and came into force on February 16, 2023.

Prior to the amendments, the Saskatchewan Ministry of Energy and Resources could only transfer the lease of an orphan well or facility if there was a party with authority to execute the transfer or after the lease expired and the rights to the lease had been posted for sale. With the increased number of

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