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Commitments and Contingencies
12 Months Ended
Dec. 31, 2019
Commitments And Contingencies [Abstract]  
Commitments and Contingencies

38. 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, 2019

1 Year

 

 

2 Years

 

 

3 Years

 

 

4 Years

 

 

5 Years

 

 

Thereafter

 

 

Total

 

Transportation and Storage (1)

 

1,005

 

 

 

959

 

 

 

1,026

 

 

 

1,456

 

 

 

1,381

 

 

 

15,672

 

 

 

21,499

 

Real Estate (2) (3)

 

35

 

 

 

36

 

 

 

38

 

 

 

39

 

 

 

42

 

 

 

662

 

 

 

852

 

Other Long-Term Commitments

 

104

 

 

 

44

 

 

 

36

 

 

 

34

 

 

 

28

 

 

 

108

 

 

 

354

 

Total Payments (4)

 

1,144

 

 

 

1,039

 

 

 

1,100

 

 

 

1,529

 

 

 

1,451

 

 

 

16,442

 

 

 

22,705

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

Real Estate (2) (3)

 

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 (4)

 

1,313

 

 

 

1,260

 

 

 

1,459

 

 

 

1,602

 

 

 

1,671

 

 

 

18,381

 

 

 

25,686

 

(1)

Includes transportation commitments of $13 billion (2018 – $14 billion) that are subject to regulatory approval or have been approved, but are not yet in service.

(2)

Relates to the non-lease components of lease liabilities consisting of operating costs and unreserved parking for office space in 2019. Includes both the lease and non-lease component of the Company’s real estate contracts for 2018.

(3)

Excludes committed payments for which a provision has been provided.

(4)

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

 

On January 1, 2019, the Company adopted IFRS 16 which resulted in the recognition of lease liabilities related to operating leases on the balance sheet. These liabilities were previously reported as commitments. For a reconciliation of the Company’s commitments as at December 31, 2018 to its lease liabilities as at January 1, 2019, see Note 4.

Transportation and storage commitments include future commitments relating to railcar and storage tank leases of $31 million and $11 million, respectively, that have not yet commenced. The railcar leases are expected to commence in 2020 with lease terms of between six years and eight years and the storage tank leases are expected to commence in 2020 with lease terms of five years.

As at December 31, 2019, there were outstanding letters of credit aggregating $364 million issued as security for performance under certain contracts (2018 – $336 million).

In addition to the above, Cenovus’s commitments related to its risk management program are disclosed in Note 36.

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 $1,235 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, 2019, the estimated fair value of the contingent payment was $143 million (see Note 25).