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Commitments and Contingencies
12 Months Ended
Dec. 31, 2018
Commitments And Contingencies [Abstract]  
Commitments and Contingencies

36. COMMITMENTS AND CONTINGENCIES

A) Commitments

Future payments for the Company’s commitments are below. A commitment is an enforceable and legally binding agreement to make a payment in the future for the purchase of goods and services. These items exclude amounts recorded in the Consolidated Balance Sheets.

 

As at December 31, 2018

1 Year

 

 

2 Years

 

 

3 Years

 

 

4 Years

 

 

5 Years

 

 

Thereafter

 

 

Total

 

Transportation and Storage (1)

 

1,040

 

 

 

1,104

 

 

 

1,335

 

 

 

1,491

 

 

 

1,562

 

 

 

16,809

 

 

 

23,341

 

Operating Leases (Building Leases) (2)

 

104

 

 

 

73

 

 

 

78

 

 

 

74

 

 

 

77

 

 

 

1,425

 

 

 

1,831

 

Capital Commitments

 

21

 

 

 

2

 

 

 

1

 

 

 

-

 

 

 

-

 

 

 

-

 

 

 

24

 

Other Long-Term Commitments

 

148

 

 

 

81

 

 

 

45

 

 

 

37

 

 

 

32

 

 

 

147

 

 

 

490

 

Total Payments (3)

 

1,313

 

 

 

1,260

 

 

 

1,459

 

 

 

1,602

 

 

 

1,671

 

 

 

18,381

 

 

 

25,686

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

As at December 31, 2017

1 Year

 

 

2 Years

 

 

3 Years

 

 

4 Years

 

 

5 Years

 

 

Thereafter

 

 

Total

 

Transportation and Storage (1)

 

899

 

 

 

886

 

 

 

919

 

 

 

1,123

 

 

 

1,223

 

 

 

13,260

 

 

 

18,310

 

Operating Leases (Building Leases) (2)

 

155

 

 

 

146

 

 

 

142

 

 

 

141

 

 

 

140

 

 

 

2,305

 

 

 

3,029

 

Capital Commitments

 

16

 

 

 

2

 

 

 

-

 

 

 

-

 

 

 

-

 

 

 

-

 

 

 

18

 

Other Long-Term Commitments

 

109

 

 

 

39

 

 

 

32

 

 

 

28

 

 

 

25

 

 

 

122

 

 

 

355

 

Total Payments (3)

 

1,179

 

 

 

1,073

 

 

 

1,093

 

 

 

1,292

 

 

 

1,388

 

 

 

15,687

 

 

 

21,712

 

 

(1)

Includes transportation commitments of $14 billion (2017 – $9 billion) that are subject to regulatory approval or have been approved, but are not yet in service.

(2)

Excludes committed payments for which a provision has been provided.

(3)

Contracts undertaken on behalf of WRB are reflected at Cenovus’s 50 percent interest.

 

Commitments for various transportation arrangements increased $5 billion from 2017 primarily due to new contracts related to the Keystone XL pipeline, expanded freight and rail terminal and tank contracts, partially offset by a decrease in operating leases due to the provision recorded for onerous leases in 2018. Terms are up to 20 years subsequent to the date of commencement.

As at December 31, 2018, there were outstanding letters of credit aggregating $336 million issued as security for performance under certain contracts (2017 – $376 million).

In addition to the above, Cenovus’s commitments related to its risk management program are disclosed in Note 34.

B) Contingencies

Legal Proceedings

Cenovus is involved in a limited number of legal claims associated with the normal course of operations. Cenovus believes that any liabilities that might arise from such matters, to the extent not provided for, are not likely to have a material effect on its Consolidated Financial Statements.

Decommissioning Liabilities

Cenovus is responsible for the retirement of long-lived assets at the end of their useful lives. Cenovus has recorded a liability of $875 million, based on current legislation and estimated costs, related to its upstream properties, refining facilities and midstream facilities. Actual costs may differ from those estimated due to changes in legislation and changes in costs.

Income Tax Matters

The tax regulations and legislation and interpretations thereof in the various jurisdictions in which Cenovus operates are continually changing. As a result, there are usually a number of tax matters under review. Management believes that the provision for taxes is adequate.

Contingent Payment

In connection with the Acquisition, Cenovus agreed to make quarterly payments to ConocoPhillips during the five years subsequent to May 17, 2017 for quarters in which the average WCS crude oil price exceeds $52.00 per barrel during the quarter. As at December 31, 2018, the estimated fair value of the contingent payment was $132 million (see Note 23).