The Gas Sales Agreement is a fundamental commercial document used in the Canadian energy sector to formalize the sale and purchase of natural gas between suppliers and buyers. This agreement is essential when establishing long-term gas supply arrangements, typically used by producers, distributors, and large industrial consumers. It must comply with both federal and provincial regulations, including the National Energy Board Act and relevant provincial gas distribution laws. The document covers crucial aspects such as delivery commitments, quality specifications, pricing mechanisms, measurement procedures, and operational requirements. It's particularly important in Canada where natural gas trading is subject to specific regulatory oversight and where interprovincial trade may require additional considerations. The agreement often includes provisions for seasonal variations in supply and demand, and may incorporate specific requirements for different provinces where the parties operate.
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1. Parties: Identification of the seller and buyer, including full legal names and addresses
2. Background: Context of the agreement, including seller's right to sell gas and buyer's intention to purchase
3. Definitions: Detailed definitions of technical and commercial terms used throughout the agreement
4. Sale and Purchase Obligation: Core obligations of parties including contract quantity, delivery point, and take-or-pay provisions
5. Term: Duration of the agreement, including start date, end date, and extension provisions
6. Quality Specifications: Detailed specifications for the gas quality, including heating value and impurity limits
7. Measurement: Standards and procedures for measuring gas quantity and quality
8. Price and Payment: Gas price determination, payment terms, invoicing, and payment security requirements
9. Delivery Point and Title: Specification of delivery point and transfer of title and risk
10. Transportation: Basic transportation arrangements and responsibilities
11. Nominations: Procedures for nominating gas quantities and managing daily deliveries
12. Force Majeure: Definition and consequences of force majeure events
13. Default and Termination: Events of default, remedies, and termination rights
14. Dispute Resolution: Procedures for resolving disputes between parties
15. Governing Law: Specification of applicable law and jurisdiction
16. General Provisions: Standard legal provisions including notices, amendments, and assignment
1. Transportation Arrangements: Detailed transportation provisions when seller is responsible for transportation beyond delivery point
2. Price Review: Mechanism for periodic price reviews when agreement term exceeds 2 years
3. Credit Support: Additional credit support requirements for parties with lower credit ratings
4. Carbon Tax Provisions: Allocation of carbon tax liabilities where applicable
5. Storage Provisions: Terms for gas storage if part of the arrangement
6. Balancing: Detailed balancing provisions for complex delivery arrangements
7. Indigenous Rights: Specific provisions relating to Indigenous rights and consultation where relevant
8. Export/Import Requirements: Additional provisions for cross-border sales
1. Schedule A - Quality Specifications: Detailed technical specifications for gas quality
2. Schedule B - Measurement Procedures: Detailed procedures for measurement and testing
3. Schedule C - Pricing Formula: Detailed pricing calculations and adjustments
4. Schedule D - Delivery Points: Technical description and maps of delivery points
5. Schedule E - Nomination Procedures: Detailed procedures for daily/monthly nominations
6. Schedule F - Contact Information: List of key contacts and authorized representatives
7. Appendix 1 - Form of Parent Company Guarantee: Standard form for parent company guarantee if required
8. Appendix 2 - Form of Transaction Confirmation: Standard form for confirming specific gas transactions
9. Appendix 3 - Operating Procedures: Detailed operating procedures and protocols
Relevant legal definitions
Actual Delivered Quantity
Annual Contract Quantity
Banking Day
British Thermal Unit (BTU)
Business Day
Carbon Tax
Contract Price
Contract Year
Daily Contract Quantity (DCQ)
Daily Nomination
Day
Delivery Point
Delivery Pressure
Force Majeure
Gas
Gas Specifications
Gigajoule (GJ)
Gross Heating Value
Hour
Imbalance
Interconnect Point
Interest Rate
Maintenance
Maximum Daily Quantity (MDQ)
Measurement Equipment
Minimum Daily Quantity (MinDQ)
Month
Monthly Contract Quantity (MCQ)
Natural Gas
Nomination
Off-Spec Gas
Operating Procedures
Party/Parties
Pipeline
Pipeline Operator
Price Adjustment
Quality Specifications
Quarter
Reasonable and Prudent Operator
Receipt Point
Related Entity
Scheduled Maintenance
Seller's Facilities
Standard Cubic Meter
System Emergency
Take-or-Pay Quantity
Taxes
Term
Thermal Energy
Transportation Charges
Transportation Path
Week
Year
Annual Contract Quantity
Banking Day
British Thermal Unit (BTU)
Business Day
Carbon Tax
Contract Price
Contract Year
Daily Contract Quantity (DCQ)
Daily Nomination
Day
Delivery Point
Delivery Pressure
Force Majeure
Gas
Gas Specifications
Gigajoule (GJ)
Gross Heating Value
Hour
Imbalance
Interconnect Point
Interest Rate
Maintenance
Maximum Daily Quantity (MDQ)
Measurement Equipment
Minimum Daily Quantity (MinDQ)
Month
Monthly Contract Quantity (MCQ)
Natural Gas
Nomination
Off-Spec Gas
Operating Procedures
Party/Parties
Pipeline
Pipeline Operator
Price Adjustment
Quality Specifications
Quarter
Reasonable and Prudent Operator
Receipt Point
Related Entity
Scheduled Maintenance
Seller's Facilities
Standard Cubic Meter
System Emergency
Take-or-Pay Quantity
Taxes
Term
Thermal Energy
Transportation Charges
Transportation Path
Week
Year
Clauses
Definitions
Duration
Sale and Purchase Obligations
Quantity
Quality
Delivery
Title and Risk
Measurement
Price and Payment
Billing and Payment
Credit Support
Take or Pay
Force Majeure
Transportation
Nominations
Scheduling
Balancing
Taxes
Representations and Warranties
Covenants
Events of Default
Termination
Liability and Indemnification
Assignment
Confidentiality
Notices
Governing Law
Dispute Resolution
Compliance with Laws
Health and Safety
Environmental Compliance
Records and Audit
Insurance
Amendment
Entire Agreement
Severability
Third Party Rights
Waiver
Counter-terrorism and Anti-corruption
Indigenous Rights
Change in Law
Further Assurance
Duration
Sale and Purchase Obligations
Quantity
Quality
Delivery
Title and Risk
Measurement
Price and Payment
Billing and Payment
Credit Support
Take or Pay
Force Majeure
Transportation
Nominations
Scheduling
Balancing
Taxes
Representations and Warranties
Covenants
Events of Default
Termination
Liability and Indemnification
Assignment
Confidentiality
Notices
Governing Law
Dispute Resolution
Compliance with Laws
Health and Safety
Environmental Compliance
Records and Audit
Insurance
Amendment
Entire Agreement
Severability
Third Party Rights
Waiver
Counter-terrorism and Anti-corruption
Indigenous Rights
Change in Law
Further Assurance
Relevant Industries
Energy
Oil & Gas
Utilities
Manufacturing
Industrial Processing
Power Generation
Chemical Industry
Mining
Transportation
Commercial Real Estate
Relevant Teams
Legal
Commercial
Operations
Trading
Risk Management
Regulatory Compliance
Business Development
Technical Services
Supply Chain
Finance
Environmental Compliance
Relevant Roles
Commercial Manager
Energy Trader
Gas Supply Manager
Contract Administrator
Legal Counsel
Energy Procurement Manager
Operations Manager
Risk Manager
Business Development Manager
Commercial Director
Energy Analyst
Regulatory Compliance Officer
Technical Manager
Chief Commercial Officer
Supply Chain Manager
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