CAPLA CERTIFICATION PROGRAM EVERYTHING YOU NEED TO KNOW ABOUT THE CERTIFICATION EXAM
HOW TO APPLY TO WRITE Once you have logged into the Then under Certification The Certification committee Application Forms may be CAPLA website using your e- Application Forms open and will review your application obtained by downloading mail address and password, download the necessary form looking for a combined 5 years copies from CAPLA’s website. click the Certification Program for the exam you would like to of experience in any or all of www.caplacanada.org in the drop down menu under write (Mineral, Surface, the three disciplines before the “Resources” tab Contracts). you will be approved.
HOW MUCH DOES IT COST TO WRITE? • CAPLA has a $50.00 application fee, which is currently being waived by the Board of Directors. • Once your application has been approved, the fee for writing the exam is $200.00 +GST. This fee is to be paid directly to Olds College, prior to writing. • The $200 fee covers the administration costs to deliver the exam to approved applicants. • There is no additional charge for up to three (3) re-writes within 24 months of the first exam sitting. • You have to pay the exam fee for each exam discipline you write.
WHAT IS THE FORMAT OF THE EXAM? The exam is in Exams are The exams are split You submit your You may only bring multiple-choice computerized into 4 parts: answers after a calculator (not a format, which completing each of phone app) and a includes 100 the 4 sections and pen/pencil into the Pre-Acquisition questions in total . you receive exam. Acquisition immediate marks. Maintenance There will be blank paper available for your use, but Relinquishment you will not be able to take this with you at the end of the exam
WHAT IS THE MINIMUM MARK THAT MUST BE ACHIEVED IN ORDER TO PASS THE EXAM? • A passing grade for the exam requires an overall 80% on all 4 sections. • However, there is also a minimum grade of 70% on Section A (Pre-Acquisition) and a minimum 80% on all other sections • This means that if you only achieve a 70% on Section A you will need to receive a higher than 80% grade on the remaining sections to reach the overall 80% for the complete exam.
WHAT HAPPENS IF I DON’T PASS MY EXAM? For example - on your first attempt you wrote all 4 You are not required to re- You have the lesser of 24 sections, but only passed 1 The exam is structured to give write any sections of the exam months from your first exam section. On your first re-write the initial exam sitting and where you have achieved the date, or 3 re-write attempts in you could attempt the all of three (3) opportunities for re- minimum pass mark (although order to successfully complete remaining 3 sections or only 1 writes. you may choose to in order to the entire exam section, saving the other 2 increase your mark) sections for your next re-write attempts.
The exams are written at the Bow Valley College - Downtown Calgary campus WHEN AND Exams are offered four (4) times each year. WHERE ARE THE Two in the spring and two in the fall, with an approximately 6 week time span between the EXAMS two spring exams and fall exams. OFFERED? The current year’s exam dates can be found on the CAPLA Website (www.caplacanada.org)
WHY SHOULD I BOTHER TO WRITE THE EXAM? These exams can be used as a benchmark to show: How well do I really understand this business I am working • in? In what areas could I use additional training and/or • experience? • A way to set yourself apart from your peers to your current management, or to a potential employer • A way to show not only knowledge based skills but also intangible skills such as self-motivation, perseverance, inquisitiveness, eagerness to learn and grow.
I’VE DECIDED TO WRITE THE EXAM, HOW DO I START TO PREPARE? There is no specific study The exam itself is also to Your results may direct There are also study material. be utilized as a learning you to take additional group facilitators listed tool to assist members in training on the CAPLA website. Practical working experience determining their These can be an opportunity to supplemented by knowledge gained gather with other prospective from various relevant industry and strengths and writers as an chance to share post-secondary courses will prepare weaknesses. knowledge you for writing.
• The Roadmaps were created as a detailed list of THE ROADMAPS the type of subject matter that you will be tested on: Pre-Acquisition Phase • • Background knowledge of applicable Business Law Acquisition - Creating new: • • Contractual Relationships (C) • Mineral Interests (M) • Surface rights (S) • Maintenance Operating under existing Contracts (C) • • Mineral agreement maintenance (M) • Surface agreement maintenance (S) Relinquishment Phase – End of life cycle for • • Contractual Relationships (C) Mineral Interests (M) • • Surface rights (S)
PREPARATION CONTINUED Nexus articles –The Nexus articles can be used as a Government websites will be helpful such as the guide to topics that could be encountered on the Alberta Crown, AER, Saskatchewan’s IRIS system, exam. Keep in mind that these articles represent a BC Crown, OGC, NEB, IOGC etc. “point in time” and may not reflect the most current regulations. An online archive of all issues of the Nexus is available as a searchable tool on the CAPLA website.
SAMPLE From Phase 1 – Pre-Acquisition QUESTIONS (M.PRE-AC.RP .FE.1.2) If a person holding a life estate dies and the original grantor pre-deceased them, the estate MINERAL A) will revert to the Crown B) will revert to the Crown, unless the original grantor designated someone else in their Will C) will go to the person holding the remainder interest D) will go to the person designated by the life estate holder’s will
ANSWER From Phase 1 – Pre-Acquisition C) Will go to the person holding the remainder interest
SAMPLE From Phase 2 - Acquisition QUESTIONS (M.ACQ.P .CAV.1.1) What is the impact of not registering a caveat for subsequent amendments under a freehold lease MINERAL agreement? A) loss of priority on title B) loss of right of first refusal rights C) loss of royalty rights D) loss of transferability
ANSWER From Phase 2 - Acquisition A) loss of priority on title
SAMPLE From Phase 3 – Maintenance - Financial QUESTIONS (M.MAINT.FIN.FH.2.2) Under a CAPL 1991 PNG Lease with a negotiated periodic payment of $320.00 under Clause 2 “Rentals”, what payments are due after the end of the primary MINERAL term when the lease is held by a producing well? A) $320.00 B) $160.00 C) Suspended well payment D) Royalties
ANSWER From Phase 3 – Maintenance - Financial D) Royalties
SAMPLE From Phase 4 - Relinquishment QUESTIONS (M.RELINQ.ARP .DTC.2.3) The Alberta Crown may grant an extension of a Section 18 notice period (Section 18(6)) if they feel MINERAL the extension is warranted. Which one of the following would not qualify for an extension? A) areas of winter drilling only B) spring break-up C) caribou lands D) circumstances beyond control
ANSWER From Phase 4 - Relinquishment B) spring break-up
SAMPLE From Phase 1 - Pre-Acquisition QUESTION Assuming the Farmout Agreement was amended by the Industry Agreement regarding Limitations, how long would Farmor have to commence action for non-payment of the CONTRACTS Farmor royalty? A) 2 years B) 4 years C) 6 years D) 8 years
ANSWER From Phase 1 - Pre-Acquisition B) 4 Years
SAMPLE From Phase 2 - Acquisition QUESTION C.ACQ.RDC.DEF.1.1 A party paying the Gross Overriding Royalty in a farmout CONTRACTS agreement is referred to as: A) the Farmee B) the Farmor C) the Grantee D) the Payee
ANSWER From Phase 2 - Acquisition A) the Farmee
SAMPLE From Phase 3 – Maintenance QUESTION How long does a receiving party have to respond to an Independent Operations Notice? (1990 CAPL) CONTRACTS A) 15 days B) 20 days C) 30 days D) 45 days
ANSWER From Phase 3 – Maintenance C) 30 Days
SAMPLE From Phase 4 – Relinquishment QUESTION Companies E, F, G, H are parties to a JOA with Clause 2401B selected. The WI are E40%, F30%, G20% and H10%. Company E wants to sell its interest to Company F and a ROFR notice is CONTRACTS issued. G exercises, H waives and F does not respond. By the strict terms of the 1990 CAPL Operating Procedures what are the resultant WI? A) F70%, G20%, H10% B) F54%, G36%, H10% C) F50%, G30%, H20% D) F30%, G60%, H10%
ANSWER From Phase 4 – Relinquishment D) F30%, G60%, H10%
SAMPLE From Phase 1 – Pre Acquisition QUESTION Joint Tenancy could be defined as follows: A) Involves one person on title, with 2 or more SURFACE people occupying the said lands. B) Two or more owners on title, should one of the landowners on title be deceased, the remaining landowner must forfeit the lands. C) A person whom is the sole owner of the land and has willed the lands to a family member. D) Two or more owners, but each owner has a right of survivorship.
ANSWER From Phase 1 – Pre Acquisition D) Two or more owners, but each owner has a right of survivorship
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