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First Nations say Alberta has no right to cut oil activity on their land

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Some First Nations in Alberta what an exemption from the provincial government’s decision to mandate oil production cuts.

The First Nations say the provincial government has no right to dictate the level of oil and gas activity on their land. They believe the oil curtailment policy could have a negative financial impact.

Since the beginning of January, the Alberta government is forcing oil companies to restrict production in an effort to clear a backlog of oil and boost prices for Canadian crude, which sold for about $50 less per barrel than the American benchmark — West Texas Intermediate oil — during the fall.

As a result, oil prices in Western Canada have soared.

While the price boost is beneficial for First Nations who collect royalties from oil producing companies on their land, some leaders oppose the curtailment.

First Nations will “likely be impacted negatively by the curtailment of oil production,” said Chief Roy Fox with the Blood Tribe in southwest Alberta during his motion challenging the policy at last month’s annual general meeting for the Indian Resource Council (IRC). The IRC represents First Nations with oil and gas resources on their lands.

He also said the Alberta Energy Regulator and government “have no jurisdiction over First Nations lands and resources and that the decision regarding oil curtailment does not, and should not apply to them and their oil and gas operations.”

The motion was unanimously supported, although fewer than 10 of the IRC’s more than 100 members were present at the time. Neither Fox nor the IRC returned requests for an interview.

Alberta Premier Rachel Notley says giving an exemption to First Nations ‘would mean that we were probably not curtailing.’ (Jason Franson/The Canadian Press)

Debatable jurisdiction

For the curtailment policy to be effective, everyone has to do their part, according to Alberta Premier Rachel Notley. That includes First Nations.

“Exempting them would essentially mean that we were probably not curtailing,” she said recently. “There’s definitely issues there that we need to consider in respect to consultation and accommodation, but at the end of the day balance what was a need, in our view, to act quickly and definitively.”    

Whether the Alberta government has the right to dictate oil and gas activity on First Nation is not clear, according to Indian Oil and Gas Canada (IOGC) — the federal agency responsible for managing and regulating oil and gas resources on First Nation reserve lands.

“It’s very complex,” said John Dempsey, a regulatory compliance director at the IOGC. “We’re looking into it now. It gets down to the level of the Canadian constitution.”  

Dempsey himself is a member of the Blood Tribe and works out of the IOGC’s office on the Tsuut’ina Nation, which is located on the western edge of Calgary.

“The federal government has jurisdiction over lands reserved for Indians,” he said. “But, the constitution also talks about exclusive jurisdiction of the provinces to regulate exploration and conservation of oil and gas within the provincial borders. So, it’s not explicit about whether that applies to First Nation lands.”

Whether the Alberta government has the right to control oil and gas operations on First Nation land is a complex issue, says Dempsey with Indian Oil and Gas Canada 1:09

The lack of clarity will likely take longer to solve than the curtailment will last, considering the significance of the dispute. The Alberta government has also begun easing the production cuts, saying the policy is a short-term measure.

Targeting First Nations

Typically, companies pay higher royalty rates on First Nations land than they do elsewhere in the province, according to Dempsey, which is why First Nations worry oil companies will decide to comply with the curtailment by shutting in their wells on reserve land.

“If a company looks at it purely from the economic perspective, they may want to target First Nation lands to cut production,” said Dempsey. “That’s one of the things we want to make sure we look into and, if that is occurring, we need to address that with the provincial regulator.”

There is no official data showing companies are taking that action, at least not yet.

The IOGC will only receive oil production figures from January, the first month of the curtailment, sometime in late-February or early-March.

There are 23 First Nations in the province with oil wells on their lands, although not all of them are producing oil. 

About 1.8 million barrels of oil was produced from First Nations land during the 2016-17 financial year, according to the IOGC. The total amount of money collected by the IOGC on behalf of First Nations in Alberta and Saskatchewan was $59.6 million in 2016-17, down from about $250 million in 2011-12.

Some First Nation leaders are also upset they were not informed by the Alberta government about the curtailment until after the policy was announced.

“We have heard the complaints,” said Dempsey. “I am not aware of any consultation that the province did prior to the curtailment.”    

The Alberta government said it did not communicate directly with First Nations, but instead with industry, since companies themselves make the decision where to curtail oil production.

“The special energy envoys appointed in November met with a number of operators, including those with close involvement with First Nations and producing from First Nations mineral rights,” said Alberta government spokesman Mike McKinnon in an emailed statement.

“Operators have contractual commitments to First Nations and to freehold mineral owners, and it will be up to the operators to approach their commitments appropriately,” he said.

Price boost

Not all First Nation leaders oppose the curtailment plan, since higher oil prices are beneficial to just about everyone associated with the oilpatch.

“The premier had to do what she had to do,” said Chief Allan Adam with the Fort Chipewyan First Nation, located north of Fort McMurray. While Adam’s First Nation does not have any oil production on its land, it does have benefit agreements with oilsands companies as well as businesses that service the industry.

The majority of the oil produced in Western Canada is exported to refineries in the U.S.

“If I was a politician, I wouldn’t be giving the oil to the United States for $15 or less a barrel,” said Adam.

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Majority of Canadian workers willing to take less pay for a workplace pension plan: survey

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A majority (70 per cent) of Canadians say they’re willing to forgo a higher salary in exchange for a workplace pension plan, according to a new survey for the Healthcare of Ontario Pension Plan by Abacus Data.

The survey, which polled more than 2,000 Canadian adults in April, signals an opportunity for employers to build back the post-coronavirus pandemic working landscape better by expanding access to good retirement plans — whether they’re defined benefit, defined contribution or group registered retirement savings plans, says Steven McCormick, senior vice-president of plan operations at the HOOPP.

According to the survey, a secure retirement remains of greater concern for Canadians than concerns about their health, debt load and job security. McCormick says this has been a consistent worry the HOOPP has seen in survey results over the past couple of years. Nearly half (48 per cent) of respondents said they’re very concerned about having enough money in retirement, while 31 per cent were highly concerned about their personal debt load and 26 per cent cited their job security. Close to half of respondents expressed high concerns for their physical (43 per cent) and mental (40 per cent) health.

In addition, the pandemic has harmed the finances of more than half (52 per cent) of Canadians’ surveyed and it’s had a particularly disproportionate affect on the finances of younger adults. Adults aged 44 and younger said they’re twice as likely (25 per cent) to have had their finances greatly harmed, compared to those over the age of 60 (12 per cent).

Generally, younger adults tend to work in roles that may have been impacted most by the pandemic, says McCormick, whether in service industries that were shut down or frontline health care that have been busy but don’t always come with access to a pension plan. “Affordability is an issue, so I think their worries increased during this time.”

And while almost half (46 per cent) of Canadians surveyed said they’ve saved more money than they would have since the onset of the pandemic, among these respondents, over half (52 per cent) didn’t put any of their savings toward their retirement. Overall, most (63 per cent) Canadians surveyed haven’t set aside or saved anything for retirement in the past year, a five-point increase since 2019.

McCormick says this may be due to uncertainty or hesitancy about whether people’s immediate needs outweigh longer-term needs. And with 55 per cent of respondents noting they were very concerned about the cost of day-to-day living, he adds that rising prices have fuelled insecurity and worries so people are creating their own emergency funds right now.

While there’s a segment of the population who’ve saved more and, for them, the pandemic has created wealth, he doesn’t see this as a common narrative in the survey data. “If you don’t have access to a workplace pension or the opportunity to have things like automatic enrolment, the uncertainty of the time may have you holding onto money,” says McCormick. “In Ontario, we’re more optimistic about the pandemic than we were maybe a month ago, but there are still people worrying about whether there’ll be a fourth wave.”

In addition, more than two-thirds (67 per cent) of respondents said a retirement crisis is looming and 65 per cent said saving for retirement is prohibitively expensive. It’s a common and shared dream for many people in looking forward to a secure retirement, says McCormick, noting for many, making that dream a reality remains elusive.

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What Canadians need to know about moving to the U.S. for more affordable real estate

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Like many real estate markets around the world, U.S. home prices have run up during the pandemic to the point of some saying it’s in bubble territory.

But the whole time and for years before, Canada has said “hold my beer” as prices rocket through the stratosphere in a number of major markets.

The discrepancy really jumps off the page in comparisons of the most recent benchmark prices and household income. As the chart below from Karl Schamotta, chief market strategist at Cambridge Global Payments, comparing Canada to the U.S. shows, a picture paints a thousand words, especially when it’s presented as an exploding gif.

Jessy BainsThu., June 24, 2021, 6:43 p.m.·9 min read

A U.S. flag decorates a for-sale sign at a home in the Capitol Hill neighborhood of Washington, August 21, 2012. President Barack Obama said on Monday the U.S. housing market was
Home prices have run up in the U.S. but are mostly more affordable than major Canadian markets.(REUTERS)

Like many real estate markets around the world, U.S. home prices have run up during the pandemic to the point of some saying it’s in bubble territory.

But the whole time and for years before, Canada has said “hold my beer” as prices rocket through the stratosphere in a number of major markets.

The discrepancy really jumps off the page in comparisons of the most recent benchmark prices and household income. As the chart below from Karl Schamotta, chief market strategist at Cambridge Global Payments, comparing Canada to the U.S. shows, a picture paints a thousand words, especially when it’s presented as an exploding gif.https://platform.twitter.com/embed/Tweet.html?creatorScreenName=JessySBains&dnt=true&embedId=twitter-widget-0&features=eyJ0ZndfZXhwZXJpbWVudHNfY29va2llX2V4cGlyYXRpb24iOnsiYnVja2V0IjoxMjA5NjAwLCJ2ZXJzaW9uIjpudWxsfSwidGZ3X2hvcml6b25fdHdlZXRfZW1iZWRfOTU1NSI6eyJidWNrZXQiOiJodGUiLCJ2ZXJzaW9uIjpudWxsfSwidGZ3X3R3ZWV0X2VtYmVkX2NsaWNrYWJpbGl0eV8xMjEwMiI6eyJidWNrZXQiOiJjb250cm9sIiwidmVyc2lvbiI6bnVsbH19&frame=false&hideCard=false&hideThread=false&id=1388165660598063104&lang=en&origin=https%3A%2F%2Fca.finance.yahoo.com%2Fnews%2Fwhat-canadians-need-to-know-about-moving-to-the-us-for-more-affordable-real-estate-131344769.html&sessionId=06d9c3e7619ac1c3744b64cd9cc60845665a4a57&siteScreenName=Yahoo&theme=light&widgetsVersion=82e1070%3A1619632193066&width=550px

The situation has gotten so bad for first-time buyers that many may have given up. Ontario is home to markets with the biggest recent run-ups. A survey by Right at Home Realty found 74 per cent of younger Ontarians aged 18 to 34 say they may never be able to afford a home where they currently live.

Michelle Makos, broker-owner at Royal Heritage Realty, sells real estate for a living but doesn’t like what she’s seeing, especially after a conversation with her recently engaged daughter who wants to buy a first home.

“She made a comment that they may have to move to the United States to find something they can afford and truly I would hate to lose my children simply because they feel like the housing situation here is out of their reach,” Makos told Yahoo Finance Canada.

“Being in real estate, it just made me realize, the one thing I love doing is the one thing that could cost me my daughter, if she were to leave.”

So she took to Twitter to see if other Canadians were feeling the same way as her daughter. She conducted a Twitter poll that showed many were in the same boat.

She was flooded with messages from frustrated Canadians who were seriously considering leaving the country because of high home prices and shared many of them on Twitter. She eventually put a selection of the messages she received in a handy document for everyone to see.

Jessy BainsThu., June 24, 2021, 6:43 p.m.·9 min read

A U.S. flag decorates a for-sale sign at a home in the Capitol Hill neighborhood of Washington, August 21, 2012. President Barack Obama said on Monday the U.S. housing market was
Home prices have run up in the U.S. but are mostly more affordable than major Canadian markets.(REUTERS)

Like many real estate markets around the world, U.S. home prices have run up during the pandemic to the point of some saying it’s in bubble territory.

But the whole time and for years before, Canada has said “hold my beer” as prices rocket through the stratosphere in a number of major markets.

The discrepancy really jumps off the page in comparisons of the most recent benchmark prices and household income. As the chart below from Karl Schamotta, chief market strategist at Cambridge Global Payments, comparing Canada to the U.S. shows, a picture paints a thousand words, especially when it’s presented as an exploding gif.https://platform.twitter.com/embed/Tweet.html?creatorScreenName=JessySBains&dnt=true&embedId=twitter-widget-0&features=eyJ0ZndfZXhwZXJpbWVudHNfY29va2llX2V4cGlyYXRpb24iOnsiYnVja2V0IjoxMjA5NjAwLCJ2ZXJzaW9uIjpudWxsfSwidGZ3X2hvcml6b25fdHdlZXRfZW1iZWRfOTU1NSI6eyJidWNrZXQiOiJodGUiLCJ2ZXJzaW9uIjpudWxsfSwidGZ3X3R3ZWV0X2VtYmVkX2NsaWNrYWJpbGl0eV8xMjEwMiI6eyJidWNrZXQiOiJjb250cm9sIiwidmVyc2lvbiI6bnVsbH19&frame=false&hideCard=false&hideThread=false&id=1388165660598063104&lang=en&origin=https%3A%2F%2Fca.finance.yahoo.com%2Fnews%2Fwhat-canadians-need-to-know-about-moving-to-the-us-for-more-affordable-real-estate-131344769.html&sessionId=06d9c3e7619ac1c3744b64cd9cc60845665a4a57&siteScreenName=Yahoo&theme=light&widgetsVersion=82e1070%3A1619632193066&width=550px

The situation has gotten so bad for first-time buyers that many may have given up. Ontario is home to markets with the biggest recent run-ups. A survey by Right at Home Realty found 74 per cent of younger Ontarians aged 18 to 34 say they may never be able to afford a home where they currently live.

Michelle Makos, broker-owner at Royal Heritage Realty, sells real estate for a living but doesn’t like what she’s seeing, especially after a conversation with her recently engaged daughter who wants to buy a first home.

“She made a comment that they may have to move to the United States to find something they can afford and truly I would hate to lose my children simply because they feel like the housing situation here is out of their reach,” Makos told Yahoo Finance Canada.

“Being in real estate, it just made me realize, the one thing I love doing is the one thing that could cost me my daughter, if she were to leave.”

So she took to Twitter to see if other Canadians were feeling the same way as her daughter. She conducted a Twitter poll that showed many were in the same boat.https://platform.twitter.com/embed/Tweet.html?creatorScreenName=JessySBains&dnt=true&embedId=twitter-widget-1&features=eyJ0ZndfZXhwZXJpbWVudHNfY29va2llX2V4cGlyYXRpb24iOnsiYnVja2V0IjoxMjA5NjAwLCJ2ZXJzaW9uIjpudWxsfSwidGZ3X2hvcml6b25fdHdlZXRfZW1iZWRfOTU1NSI6eyJidWNrZXQiOiJodGUiLCJ2ZXJzaW9uIjpudWxsfSwidGZ3X3R3ZWV0X2VtYmVkX2NsaWNrYWJpbGl0eV8xMjEwMiI6eyJidWNrZXQiOiJjb250cm9sIiwidmVyc2lvbiI6bnVsbH19&frame=false&hideCard=false&hideThread=false&id=1395756831100882947&lang=en&origin=https%3A%2F%2Fca.finance.yahoo.com%2Fnews%2Fwhat-canadians-need-to-know-about-moving-to-the-us-for-more-affordable-real-estate-131344769.html&sessionId=06d9c3e7619ac1c3744b64cd9cc60845665a4a57&siteScreenName=Yahoo&theme=light&widgetsVersion=82e1070%3A1619632193066&width=550px

She was flooded with messages from frustrated Canadians who were seriously considering leaving the country because of high home prices and shared many of them on Twitter. She eventually put a selection of the messages she received in a handy document for everyone to see.https://platform.twitter.com/embed/Tweet.html?creatorScreenName=JessySBains&dnt=true&embedId=twitter-widget-2&features=eyJ0ZndfZXhwZXJpbWVudHNfY29va2llX2V4cGlyYXRpb24iOnsiYnVja2V0IjoxMjA5NjAwLCJ2ZXJzaW9uIjpudWxsfSwidGZ3X2hvcml6b25fdHdlZXRfZW1iZWRfOTU1NSI6eyJidWNrZXQiOiJodGUiLCJ2ZXJzaW9uIjpudWxsfSwidGZ3X3R3ZWV0X2VtYmVkX2NsaWNrYWJpbGl0eV8xMjEwMiI6eyJidWNrZXQiOiJjb250cm9sIiwidmVyc2lvbiI6bnVsbH19&frame=false&hideCard=false&hideThread=false&id=1397895446048169985&lang=en&origin=https%3A%2F%2Fca.finance.yahoo.com%2Fnews%2Fwhat-canadians-need-to-know-about-moving-to-the-us-for-more-affordable-real-estate-131344769.html&sessionId=06d9c3e7619ac1c3744b64cd9cc60845665a4a57&siteScreenName=Yahoo&theme=light&widgetsVersion=82e1070%3A1619632193066&width=550px

“We as a country can do better,” said Makos.

But not so fast if you’re like any of these people and thinking of moving across the border. There are a number of things to consider.

Immigration rules for moving from Canada to the U.S.

The first thing to consider is immigration laws. If you work from home, you can’t just grab your laptop and start working from the U.S.

Sara Herbek, managing partner at Global Immigration Associates, says you need a U.S. employer to sponsor you and be qualified for a TN or L-1 visa.

“If a Canadian employer has a U.S. entity, this could potentially be another option, however, it depends on the visa category,” Herbek told Yahoo Finance Canada.

It’s the same deal if you plan to work for a U.S. employer.

“Canadians are able to present TN and L-1 visa petitions at the border (now by air is recommended versus by land),” said Herbek.

“In other visa categories, the employer would need to file the visa petition with United States Citizenship and Immigration Services (USCIS) and obtain approval first.”

Herbek says it’s important to have all of the correct paperwork when entering the U.S. to avoid being turned away.

“They should ensure they have original documents when appearing at the border: approval notice, as applicable, educational documents, birth or marriage certificates,” said Herbek.

Mortgage rules for buying a home in the U.S.

Unless you’re lucky enough to be able to buy a home outright, you’ll need a mortgage and things are mostly similar to obtaining a mortgage in Canada if you’re moving to the U.S. permanently, but with some key differences.

Rob Mclister, mortgage editor at RATESDOTCA says one of them is proof of income.

“It may be harder to prove income to the U.S. lender’s satisfaction if you have already moved to the U.S. before applying for a mortgage,” Mclister told Yahoo Finance Canada.

“That’s because most mainstream U.S. lenders generally want to see at least two years of U.S. tax returns. If this is the case, find a good broker in the U.S. to advise you.”

If you plan to buy before your immigration and job situation are sorted out, Mclister says most lenders will want 20-25 per cent down instead of the 5 per cent minimum in Canada.

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Canadian Mortgage Debt Hits $1.69 Trillion, Fastest Rate of Growth Since 2010

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Canada is experiencing a real estate boom, and it’s fueled by a flood of cheap mortgage debt. Bank of Canada (BoC) data shows mortgage credit reached a record high in April. That’s no longer a surprise since it’s a regular occurrence, but the rate of growth is noteworthy. Canadians added the equivalent of 6% of GDP to mortgage debt over the past year. It’s now growing at the fastest rate in a decade, as people scramble to buy as much house as possible. 

Canadian Mortgage Debt Hits $1.69 Trillion, After Growing 6% of GDP

Canadian mortgage debt reached a record high, adding a massive amount in just a short period. The balance reached $1.69 trillion in April, up 1.06% ($17.74 billion) from the month before. The annual increase works out to 7.80% ($122.25 billion), which is just a mind-blowing number. For context, $122.25 billion is the size of ~6% of the country’s GDP. With this kind of scale, it shouldn’t be a surprise how dependent the economy is on real estate. 

Canadian Residential Mortgage Debt

The outstanding dollar amount of residential mortgage credit held by Canada’s instituional lenders.

Canadian Mortgage Debt Is Growing At The Fastest Rate Since 2010

The rate of mortgage growth isn’t just high for this period — it’s high by historical standards. The annual rate of growth is the largest seen since 2010. For the month of April, you need to go a little further back — to 2009. Usually, during a recession, it’s difficult to get households to borrow. In Canada, households ramped up the borrowing and purchases of expensive goods.

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