Author: Drew Yewchuk Page 1 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.

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.

The Replacement Ministerial Directive on Well Transfers and Outstanding Municipal Taxes

By Drew Yewchuk

On October 9, 2024

In Administrative Law, Oil & Gas

By: Drew Yewchuk

Matter Commented On: Minister of Energy and Minerals, Ministerial Order 096/2024, Direction on Municipal Tax Requirements for Approving Licences

PDF Version: The Replacement Ministerial Directive on Well Transfers and Outstanding Municipal Taxes

On August 26, 2024, Minister of Energy and Minerals Brian Jean signed Ministerial Order 096/2024 (M.O. 096/2024), a direction to the Alberta Energy Regulator (AER) pursuant to section 67 of the Responsible Energy Development Act, SA 2012, c R-17.3 (REDA). M.O. 096/2024 replaces a previous ministerial order from March 2023, with the most significant change being that the AER is now enabled to approve transfers of oil and gas licenses out of the inventories of bankrupt companies so long as the transferee owes less than $20,000 in municipal taxes.

The Liabilities Go Up and the Security Stays the Same: The Oilsands Mine Financial Security Program in 2024

By Drew Yewchuk

On October 4, 2024

In Energy, Oil & Gas

By: Drew Yewchuk and Martin Olszynski

Documents Commented on: Mine Financial Security Program – Security and Liability (2024); Annual Mine Financial Security Program Submissions 2024 Submissions for 2023 Reporting Year

PDF Version: The Liabilities Go Up and the Security Stays the Same: The Oilsands Mine Financial Security Program in 2024

This is our annual update post in response to the Alberta Energy Regulator (AER) posting the annual submissions for the Mine Financial Security Program (MFSP). The MFSP is ostensibly Alberta’s system for obtaining financial security for the closure of oilsands and coal mines. See last year’s post here, and a lengthy discussion of the problems with the MFSP in our 2023 paper coauthored with Andrew Leach, “Not Fit for Purpose: Oil Sands Mines and Alberta’s Mine Financial Security Program”.

Author: Drew Yewchuk Page 1 of 19

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

New Alberta Access to Information Law Part 1: More Secrecy

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

The Replacement Ministerial Directive on Well Transfers and Outstanding Municipal Taxes

The Liabilities Go Up and the Security Stays the Same: The Oilsands Mine Financial Security Program in 2024