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Vol. 9, No. 47 Week of November 21, 2004
Providing coverage of Alaska and northern Canada's oil and gas industry

Trust fever could be viral

Adjustments in price forecasts a threat to rising payouts; no sign of slowdown in rush by E&P companies to convert, but ‘day of reckoning’ could be close

Gary Park

Petroleum News Calgary Correspondent

How long can the energy trust phenomenon last in Canada?

For now the trusts are in full flight, soaring above their equity peers with the help of a strong Canadian dollar and breathtaking commodity prices.

With the price of crude soaring more than 60 percent this year, no trust has benefited more than Canadian Oil Sands Trust, the only one of 33 trusts that is a pure play oil sands investment.

COST owns more than a one-third stake in the giant Syncrude Canada consortium, netting about 85,000 barrels per day, and has posted a more than one-third gain (excluding cash payouts) in unit value to climb above C$60 on the Toronto Stock Exchange.

On the other hand, the COST yield has slipped to an abnormally low 3.2 percent, but that could be destined for a rapid course correction.

Brian Ector, an analyst at Scotia Capital, predicts the cash flow per unit will rise 75 percent above his earlier forecast to C$8.19 a unit in 2005.

One astute investor, Seymour Schulich, predicts that average oil prices of US$37 a barrel could see the units climb in value to C$115 within three years.

Ector isn’t so bullish, suggesting that COST units currently reflect oil prices of US$43-$45.

“The challenge investors face when it comes to the oil and gas royalty trust sector today is that the market, in our opinion, is essentially discounting very close to current spot prices,” Ector said in a research report.

Suggesting there is very little room left to move, he said “the term ‘priced to perfection’ comes to mind.”

What could dramatically alter that outlook would be a sharp upward adjustment in crude oil forecasts closer to the current trading levels above US$50.

Guichon picks

Greg Guichon, managing director and portfolio manager at Toronto-based Rockwater Asset Management, said that if analysts started basing their projections on US$50 oil, money would start pouring into the sector, which TD Securities said has already raised C$3.4 billion in equity and convertible debt this year, helping fund 24 acquisitions costing C$5.1 billion.

Guichon recently put the spotlight on several Calgary-based trusts, such as:

Harvest Energy Trust — With its emphasis on heavy oil, the trust has recently extended its reserve life index to 7.5 years from 4 years through property acquisitions and has recently added medium gravity oil to its mix.

Paramount Energy Trust — Because management has a large stake in the trust, Guichon says its interests are in line with the public unit holders.

Acclaim Energy Trust — Guichon has been enthusiastic about the trust since mid-2003, noting solid gains in its trading value and an 8-year reserve life index.

More companies likely to enter trust ranks

Bruce McDonald, an analyst with Canaccord Capital, has contributed his own picks by raising the 12-month target prices for three oil-weighted trusts — COST, Harvest and Viking Energy Royalty Trust, noting that U.S. investors are moving back into the Canadian trust market because of a stronger Canadian dollar and falling yields on 10-year U.S. bonds.

Of those conventional E&P companies waiting in the wings, Calgary-based investment dealer Peters & Co. predicted in a recent research note that those likely to enter the trust ranks are: Penn West Petroleum, which is awaiting a federal tax ruling, Compton Petroleum, Fairborne Energy, Ketch Resources, Real Resources and Resolute Energy.

Most on the list have seen their shares take off over the last month.

In their stampede to take over the older more conventional sector of the industry, oil and gas trusts have pushed their market value above C$30 billion — still not much more than EnCana’s market-cap of C$27 billion — and pushed their share of total Canadian crude oil equivalent production to about 12 percent.

Trusts add little or no production

But the fact that they add little or no production or reserves through exploration generates a sense of nervousness among many observers.

Paying out 50 percent to 90 percent of their cash flow to unit holders while depleting their asset base has all the ingredients for what Andrew Martyn, vice president at Davis-Rea in Toronto, warns is a “day of reckoning.”

Trusts have already tasted one setback in 1997-98 when a slump in commodity prices slashed 40 percent of their unit prices, triggering a round of consolidation. Another blip in 2001 wiped 20 percent and more off unit values.

The threshold for a repeat is estimated by Peters & Co. at US$30 a barrel for oil and US$5 per thousand cubic feet for gas — levels it believes would see the bulk of trusts reduce their distributions.

But not all trusts are ignoring the possibility of disaster, steering an increasing share of their cash flow into exploration and setting the stage for what FirstEnergy Capital said could be a “new era of sustainability.”

As strategies are modified, trusts are evolving into “fully functioning oil and gas companies,” according to PrimeWest Energy Trust President and Chief Executive Officer Don Garner, while Don Gray, president of Peyto Energy Trust, said no value can be created without drilling wells, questioning whether some of his peers can survive.

For now, much of the good fortune in the sector stems from the return of U.S. investors to the market.

If the U.S. dollar continues to weaken, American investors can only profit from Canadian-dollar denominated investments, said Canaccord’s Bruce McDonald.



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Tax changes spread unease in trust ranks

Anxiety is building in the world of resource-based income trusts pending the Canadian government’s changes to income tax legislation.

In the 2004 federal budget, the government outlined plans to increase withholding taxes on trust distributions paid to foreign residents, which could pump an extra C$83 million into the federal treasury.

The government also called for a cap on non-Canadian ownership of trusts to less than half the outstanding units or under 50 percent of the trust’s market value.

In mid-September, Finance Minister Ralph Goodale issued draft amendments to the Income Tax Act and related acts, reiterating that at least half of the fair market value of a trust must be controlled by Canadian residents. The draft argued measures were needed to prevent “tax leakage,” where distributions from Canadian assets went to Americans and other foreigners.

New trusts have until Jan. 1, 2005, to comply, while those formed before the March budget have until Jan. 1, 2007.

The “fair market value” proposal caught trusts off-guard, with a spokesman for PrimeWest Energy Trust arguing there is no system in place to track fair market value to the level recommended.

Trusts avoid taxes by paying income to unit holders

Failure to comply could cost trusts their status, which allows them to avoid taxes by paying out the bulk of their income to unit holders. Among those who find the government’s approach to be flawed, Marcel Coutu, chief executive officer of Canadian Oil Sands Trust (which owns 35.49 percent of Syncrude Canada), observes that since mid-2003 trusts have actually paid close to C$3 billion to buy back assets from U.S.-based companies who are exiting Canada.

Coutu now fears the government is trying to cut off access to foreign capital by the trusts — a concern he would like to discuss with Goodale.

The Canadian Association of Income Funds agreed the plan makes no sense because it unfairly restricts trusts’ access to capital.

The association said the current withholding tax of 15 percent on distributions to foreigners adequately addresses the concern.

Gordon Kerr, president and chief executive officer of Enerplus Resources Fund, said the government risks ignoring the wide benefit of trusts, including employment, increased personal income taxes and the production from oil and gas assets that might otherwise have been left idle.

The association warned that shutting out foreign investors will handcuff the sector’s ability to continue developing reserves.

“The reality is that Canadian capital markets … cannot supply the capital needed to fully exploit our reserves. The needed capital must there come from foreign investors,” it said.

Study finds non-Canadians hold 37.9%

A study by HLB Decision Economics and commissioned by the association reported that non-Canadians hold an average 37.9 percent of the 33 oil and gas trusts, ranging from 22.3 percent for trusts listed only in Canada and 59.9 percent for six trusts — Enerplus, PrimeWest, Pengrowth Energy Trust, Enterra Energy Trust, Provident Energy Trust and Petrofund Energy Trust — listed in Canada and the United States.

HLB said the trusts offer “very high yields” at a time when U.S. investors seeking high yields have very few alternatives.

Energy trusts have already been moving ahead with strategies to create dual-class units to meet the proposed ownership limits.

Pengrowth, which has a majority of foreign unit holders, has created B units to be traded only to Canadians on the Toronto Stock Exchange and A units for investors trading in Toronto and New York. During October the A units were trading about 13 percent higher than B units.

Of the dual-listed trusts, Canaccord Capital analyst Bruce McDonald estimates foreign ownership stands at 61 percent, while the overall trust market is 44 percent foreign owned.

There is still hope among trust executives that the Canadian government will work on a more acceptable solution, given that trading of units is a “very difficult thing to monitor,” in the view of ARC Energy Trust Chief Executive Officer John Dielwart.

He said that although ARC’s foreign ownership is currently 25 percent, it would only take sudden U.S. interest to push that over 50 percent in a short time.


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