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

By: Nigel Bankes 

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.

Standing in the Athabasca: AER Denies Nature Procedural Personhood in Alberta

By: Hunter Folster and Shane Lethaby

Matter Commented On: Decision by AER re: Request for Regulatory Appeal filed on behalf of the Athabasca River Basin, 22 October 2025.

PDF Version: Standing in the Athabasca: AER Denies Nature Procedural Personhood in Alberta

In February 2025, the Alberta Energy Regulator (AER) provided public notice that it had an application from Canadian Natural Upgrading Limited (CNUL) for the renewal of the Jackpine Oilsands Mine, located beside the Athabasca River in northeastern Alberta. In response, the Alberta Wilderness Association (AWA), the Keepers of the Water (the Keepers), and the Athabasca River Basin submitted a Statement of Concern (“SOC”, see here) to the AER, each as a “directly and adversely affected person” pursuant to sections 36 and 38 of the Responsible Energy Development Act (REDA), SA 2021, c R-17.3. In March 2025, the AER informed the filers of the SOC that the AER approved the renewals without a public hearing, declining to rule on the Athabasca’s legal status because it deemed such a determination “not necessary” after considering the content of the filed concerns (see here at 3). In April 2025, Ecojustice filed a request on behalf of the Athabasca River for a regulatory appeal of the AER’s decision to approve the renewals without a hearing (see here).

Submission on Artificial Intelligence (AI) to the Standing Senate Committee on Transport and Communications

By: Emily Laidlaw

Matter Commented On: Study on the opportunities and challenges of artificial intelligence (AI) in the information and communication technology sector, Standing Senate Committee on Transport and Communications

PDF Version: Submission on Artificial Intelligence (AI) to the Standing Senate Committee on Transport and Communications

Author’s Note:

In April I had the opportunity to testify before the Standing Senate Committee on Transport and Communications on the opportunities and challenges of artificial intelligence (AI) in the information and communication technology sector.

Bitcoin Real Property Law

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.

Can a Landlord Double Your Rent?

By: Susan Emam

Report Commented On: Alberta Law Reform Institute, Residential Tenancies Act: Before and During a Tenancy, Issue Paper 7

PDF Version: Can a Landlord Double Your Rent?

Imagine that you are currently a tenant who has been renting an apartment for $825 per month. You have been paying the same monthly rent since 2016. One day, your landlord serves you with a three-month notice of rent increase, which raises your rent to $1,650. Facing a 100% increase in rent, you believe that you are being economically evicted because you are unable to pay the rent. These are the facts of Re 24012190, 2024 ABRTDRS 20 (CanLII), a 2024 decision of the Residential Tenancy Dispute Resolution Service (RTDRS), a tribunal that can resolve certain kinds of disputes between landlords and tenants.

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