Author: Drew Yewchuk Page 3 of 19

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.

Documents Commented on: Mine Financial Security Program Standard [December 2025], AER Manual 024: Guide to the Mine Financial Security Program [February 25, 2025].

PDF Version: Beyond the Pale: The February 2025 Updates to the Mine Financial Security Program

AER Bulletin 2025-06 was posted on February 25, 2025, announcing an updated Manual 024: Guide to the Mine Financial Security Program (MFSP). The new Manual 024 was preceded by two rounds of updates to the MFSP Standard in October 2024 and December 2024. The MFSP Standard sets out the rules for the MFSP and is incorporated by reference into the Conservation and Reclamation Regulation, Alta Reg 115/1993 (s 16.1). The Manual is intended to assist mine owners in their understanding of its various requirements. The changes to the MFSP made by the updates to the Standard and the Manual are not entirely trivial, but they repair only the more blatant and marginal deficiencies with the MFSP; the overall financial unsoundness of the MFSP – and its counterproductive asset to liability approach in particular – has been left intact. The Guide also remains replete with out-dated references that betray a troubling lack of professionalism and due regard for the public and relevant stakeholders, including downstream Indigenous peoples.

The Public and The Coal Corporations Want to Know: What Was Government Thinking While Messing With Coal Policy?

By Drew Yewchuk

On February 25, 2025

In Energy

By: Drew Yewchuk

Case Commented On: Black Eagle Mining Corporation v Alberta, 2025 ABCA 22 (CanLII) and Cabin Ridge Project Limited v Alberta, 2025 ABCA 53 (CanLII)

PDF Version: The Public and The Coal Corporations Want to Know: What Was Government Thinking While Messing With Coal Policy?

Black Eagle Mining Corporation v Alberta, 2025 ABCA 22 (CanLII) (Black Eagle CA) and Cabin Ridge Project Limited v Alberta, 2025 ABCA 53 (CanLII) (Cabin Ridge CA) are decisions of the Alberta Court of Appeal relating to the lawsuits by coal mining corporations claiming compensation on the basis of how they were impacted by the Alberta government’s policy decisions about coal mining in the eastern slopes.

Grading the 2023 AER Liability Management Performance Report

By Drew Yewchuk

On February 10, 2025

In Administrative Law, Energy

By: Drew Yewchuk, Shaun Fluker, and Martin Olszynski

Report Commented On: 2023 AER Liability Management Performance Report

PDF Version: Grading the 2023 AER Liability Management Performance Report

On December 5, 2024 the Alberta Energy Regulator (AER) published the 2023 Liability Management Performance Report (2023 Report). This is the second AER Liability Management Performance Report to the public on progress to reduce Alberta’s massive unfunded closure liability in the conventional (non-oil sands) oil and gas sector. We gave the 2022 Liability Management Performance Report a failing grade here because it offered little in relation to understanding whether industry performance was adequate and almost nothing at all about the AER’s performance. We note with disappointment that the AER has apparently removed the 2022 Report from its website, since historical comparison is also a method of measuring performance. The 2023 Report receives a slight improvement to a D grade because of enhanced data transparency, but the AER continues to offer little in terms of measuring effectiveness and performance in the administration of liability management.

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.