Author: Drew Yewchuk Page 2 of 20

B.A. (UAlberta) J.D. (UCalgary) LLM (U.B.C.) Drew was a full-time staff lawyer with the University of Calgary's Public Interest Law Clinic from 2018-2022. He is now an PhD student at the Peter A. Allard School of Law. His research focuses on administrative secrecy, access to information law, species at risk, resource law, and environmental liabilities.

Administrative Penalties at the Alberta Energy Regulator 4: Missing Details in a Penalty for Wastewater Released into the Smoky River

By Drew Yewchuk

On January 27, 2025

In Administrative Law, Environmental

By: Drew Yewchuk

Decisions Commented On: AER Administrative Penalty Director’s Decision 2023-002, and AER News Release 2024-12-17

PDF Version: Administrative Penalties at the Alberta Energy Regulator 4: Missing Details in a Penalty for Wastewater Released into the Smoky River

On December 16, the Alberta Energy Regulator (AER) issued AER Administrative Penalty Director’s Decision 2023-002 (CST Coal Penalty decision) to CST Coal Canada Ltd. (CST Coal) regarding the release of contaminated wastewater from the Grande Cache Coal Mine into the Smoky River in in December 2022. This post assesses the AER’s enforcement decision and the justifications provided along with it.

AER Decides to Prosecute Imperial Oil for the 2023 Kearl Oilsands Berm Overflow

By Drew Yewchuk

On January 22, 2025

In Administrative Law, Oil & Gas

By: Drew Yewchuk

Decisions Commented On: AER News Release 2025-01-17

PDF Version: AER Decides to Prosecute Imperial Oil for the 2023 Kearl Oilsands Berm Overflow

On January 17, 2025, the Alberta Energy Regulator (AER) announced they were laying nine charges against Imperial Oil Resources Limited (Imperial Oil) related to a berm overflow that occurred in February 2023. Unlike the previous AER regulatory penalties for Imperial Oil in August 2024, this means Imperial Oil faces a prosecution before the Alberta Court of Justice, bringing a different procedure and set of potential penalties than AER enforcement using the administrative penalty mechanism.

New Alberta Access to Information Law Part 2: More Obstacles to Seeking Government Records

By Drew Yewchuk

On December 9, 2024

In Access to Information

By: Drew Yewchuk

Matter Commented On: Bill 34: Access to Information Act

PDF Version: New Alberta Access to Information Law Part 2: More Obstacles to Seeking Government Records

This is my second post on Bill 34: Access to Information Act, a Bill that would replace the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25 (FOIP) as Alberta’s law on the public accessibility and secrecy of government records. The first post, described major proposed changes to the right of access to government records. This second post focuses on changes to process in Bill 34, both to the access request process and administrative complaints process.

New Alberta Access to Information Law Part 1: More Secrecy

By Drew Yewchuk

On November 20, 2024

In Access to Information

By: Drew Yewchuk

Matter Commented On: Bill 34: Access to Information Act

PDF Version: New Alberta Access to Information Law Part 1: More Secrecy

On 6 November 2024, the United Conservative Party introduced two bills that would repeal the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25 (FOIP) and replace it with separate statutes for personal information held by provincial government agencies (Bill 33: Protection of Privacy Act) and the public accessibility and secrecy of government records (Bill 34: Access to Information Act).

The AER’s Proposed Amendments to Closure Liability Management Directives: Much Ado about Not Much

By Drew Yewchuk

On November 4, 2024

In Administrative Law, Energy, Oil & Gas

By: Drew Yewchuk and Shaun Fluker

Matter Commented On: Bulletin 2024-25, Invitation for Feedback on Revised Liability Directives

PDF Version: The AER’s Proposed Amendments to Closure Liability Management Directives: Much Ado about Not Much

On 8 October 2024, the AER issued Bulletin 2024-25, Invitation for Feedback on Revised Liability Directives, announcing the AER is taking public comments on a proposal to restructure AER directives relating to the closure liability management framework. The AER’s description of the changes, and a video presentation describing the changes, are here. At a high level:

Four directives are being amended: Directive 001: Requirements for Site-Specific Liability Assessments; Directive 011: Estimated Liability (previously Licensee Liability Rating (LLR) Program: Updated Industry Parameters and Liability Costs); Directive 068: Security Deposits; Directive 088: Licensee Life-Cycle Management.
Three directives are being rescinded as their contents are either being reorganized into the four amended directives or are no longer necessary: Directive 006: Licensee Liability Rating (LLR) Program; Directive 024: Large Facility Liability Management Program; Directive 075: Oilfield Waste Liability (OWL) Program.