Author: Nigel Bankes Page 1 of 89

Nigel Bankes is emeritus professor of law at the University of Calgary. Prior to his retirement in June 2021 Nigel held the chair in natural resources law in the Faculty of Law.

Matter Commented on: Alberta Energy Regulator, Bulletin 2026-22: New Editions of the Alberta Energy Regulator Rules of Practice and Directive 031 and Alberta Energy Regulator Rules of Practice, Alta Reg 99/2013, as amended by Alta Reg 88/2026.

PDF Version: Alberta Energy Regulator Makes Rule Changes Aimed At Gutting Participation by ENGOs

Last month (May 2026) the Alberta Energy Regulator (AER) issued a Bulletin announcing changes to its Rules of Practice. The AER made these changes on February 5, 2026 and filed them April 30, 2026; they were gazetted “for information purposes” in the Alberta Gazette, Part 2, May 15, 2026. The AER Bulletin is dated May 5, 2026. The AER has the authority to make the Rules of Practice under s 61 of the Responsible Energy Development Act, SA 2012 c R-17.3 (REDA) but only, of course, to the extent that such Rules are consistent with the Act and with any regulations made under the Act (see REDA, ss 60 and 61). So far as I know, the AER made these Rule changes without following any notice and comment procedure. In other words, the AER provided no advance notice of its intention to make these amendments, no supporting rationale for the amendments, and no opportunity for anybody to comment on the amendments. The amendments appear to be part of a systematic effort by the AER to limit the right of those trying to speak for the environment and public lands to participate in the AER’s decision-making processes. Whether or not the AER was prodded into making these changes by industry or by the Department or Minister of Energy and Minerals will likely only be revealed by a responsive access to information filing.

Bitcoin Real Property Law

By Nigel Bankes

On May 26, 2026

In Oil & Gas, Property

By: Nigel Bankes

Decision Commented On: Flowers v Persist Oil and Gas Inc, 2026 ABCA 172 (CanLII)

PDF Version: Bitcoin Real Property Law

In this decision, Alberta’s Court of Appeal has confirmed Justice Christopher Rickards’ decision of the Court of King’s Bench on this matter. 2025 ABKB 142 (CanLII). Both levels of court concluded that neither a surface lease nor a right of entry order provide the operator with the necessary proprietary authorization to run a bitcoin mining operation on the leased lands using natural gas from a compressor located on the lands and licensed by the Alberta Energy Regulator (AER). I refer readers to my ABlawg post on Justice Rickards’ decision for a more detailed examination of the background as well as two related decisions of Alberta’s Land and Property Rights Tribunal.

When is a Citizen Initiative Petition a Dead Parrot?

By Nigel Bankes

On May 21, 2026

In Aboriginal, Constitutional, Treaty Rights

By: Nigel Bankes

Decisions Commented On: Athabasca Chipewyan First Nation v Alberta (Chief Electoral Officer), 2026 ABKB 375 (CanLII) and Athabasca Chipewyan First Nation v Alberta (Chief Electoral Officer), 2026 ABKB 278 (CanLII).

PDF Version: When is a Citizen Initiative Petition a Dead Parrot?

In the main decision that is the subject of this post, Athabasca Chipewyan First Nation v Alberta (Chief Electoral Officer), 2026 ABKB 375 (CanLII) (ACFN) Justice Shaina Leonard of the Court of King’s Bench quashed the decision of Alberta’s Chief Electoral Officer (CEO) to issue an initiative petition to Mr. Mitch Sylvestre (the Proponent) under the Citizen Initiative Act, SA 2021, c C-13.2 (the CIA) on January 2, 2026. Sylvestre’s petition was a constitutional referendum proposal within the meaning of the CIA. The petition aimed to gather affirmative signatures for the following question: “Do you agree that the Province of Alberta should cease to be a part of Canada to become an independent state?”

The Next Installment in the Continuing Debate Over Pore Space Conflict in Alberta

By Nigel Bankes

On May 8, 2026

In Administrative Law, Carbon Capture and Storage, Natural Resources

By: Nigel Bankes

Decisions Commented On: (1) Request for a Regulatory Appeal by E3 Lithium Ltd. (E3), April 14, 2026; (2) Request for a Regulatory Appeal by PrairieSky Royalty Ltd. (PrairieSky), April 14, 2026; and (3) Request for Regulatory Appeal by Canpar Holdings Ltd. (Canpar), April 14, 2026

PDF Version: The Next Installment in the Continuing Debate Over Pore Space Conflict in Alberta

On July 30, 2025, the Alberta Energy Regulator (AER) granted an application from Enhance Energy Inc. (Enhance) for a CO₂ sequestration scheme approval under s 39(1)(d) of the Oil and Gas Conservation Act, RSA 2000, c O-6 (OGCA) for Enhance’s Origins Project. The AER granted Enhance its approval without holding a public hearing. The approval is available here. Enhance anticipates the sequestered CO₂ will result in a 4 km plume radius, up to a maximum radius of 5.6 km.

Bill 30, Expedited Project Approvals: Proponents Should Look Before They Leap

By Nigel Bankes

On April 24, 2026

In Administrative Law, Energy, Environmental, Natural Resources

By: Nigel Bankes and Drew Yewchuk

Matters Commented On: (1) Bill 30: Expedited 120 Day Approvals Act, first reading, April 14, 2026, (2) Press Release, Faster Approvals for Major Projects, April 14, 2026, (3) Bill-30, Streamlining project approvals, the press conference featuring Minister Jean, April 14, 2026.

PDF Version: Bill 30, Expedited Project Approvals: Proponents Should Look Before They Leap

This post examines Alberta’s Bill 30, a bill that proposes to offer a project proponent the option to seek expedited project approval. The post begins with an account of the reasons offered by the United Conservative Party (UCP) for the Bill, followed by an account of the expedited approval scheme that the bill proposes. It then offers a critique of some different aspects of Bill 30 before suggesting that a proponent should think carefully before accepting the government’s offer of an expedited process – it may be a poisoned chalice.