Author Archives: Drew Yewchuk

About Drew Yewchuk

B.A. (University of Alberta) J.D. (University of Calgary). Drew was formerly a staff lawyer with the University of Calgary's Public Interest Law Clinic from 2018-2022 and is now an LLM student at the Peter A. Allard School of Law.

The New Office of the Information and Privacy Commissioner Approach to Time Extensions for FOIP Requests

By: Drew Yewchuk

Administrative Policy Commented on: OIPC Practice Note Request for Time Extension Under FOIP Section 14

PDF Version: The New Office of the Information and Privacy Commissioner Approach to Time Extensions for FOIP Requests

On June 17th, 2024, the Office of the Information and Privacy Commissioner of Alberta (OIPC) changed their policy for Time Extension Requests Under Section 14 of the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25 (FOIP). The OIPC issued two new standardized forms and issued a practice note for public bodies seeking time extensions (the Practice Note). The OIPC’s attention to how they exercise their discretion in granting time extensions is encouraging and shows the OIPC is doing what it can to address the delay problem in Alberta FOIP. This post assesses a few of the more notable changes.

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Administrative Penalties at the Alberta Energy Regulator: A Rational Calculation of a Penalty Unlikely to be Paid

By: Drew Yewchuk

Decision Commented on: AER Administrative Penalty 202405-002, Tallahassee Exploration Inc. (May 2024)

PDF Version: Administrative Penalties at the Alberta Energy Regulator: A Rational Calculation of a Penalty Unlikely to be Paid

This is the second post on how the Alberta Energy Regulator (AER) makes decisions on financial penalties to companies that contravene the conditions of their project approvals. The first post, in April 2023, commented on an AER penalty to Ovintiv for operating a sour gas plant with a shorter than approved flare stack.

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The Premier’s Review of the AER: A Recipe for How Industry Can Have its Cake and Eat it too

By: Drew Yewchuk, Shaun Fluker, Martin Olszynski, and Nigel Bankes

Commented on: Final report: Premier’s Review of the Alberta Energy Regulator (May 2024)

PDF Version: The Premier’s Review of the AER: A Recipe for How Industry Can Have its Cake and Eat it too

The UCP government continues to overhaul energy policy and regulation in Alberta with no meaningful opportunities for public scrutiny or input. In January 2023, Premier Danielle Smith appointed a five-person Premier’s Advisory Council on Alberta’s Energy Future (Energy Future Council) to prepare a report on Alberta’s energy future. The terms of reference for this Energy Future Council were set by Ministerial Order 02/2023, which was only released to the public in response to a FOIP request (see When Does a Ministerial Order Have to be Published?). The Energy Future Council submitted its report to the Premier in June 2023, but that report has never been made public. In response to this non-published report, the Minister of Energy and Minerals initiated another panel, similarly closed to public input, to review and report on the Alberta Energy Regulator (AER). On May 22, 2024, the Government of Alberta elected to release this second report (the AER Report) under the names of two of the five members of the Energy Future Council, David Yager and Bob Curran. As was the case with the recission of the 1976 Coal Policy, the AER Report demonstrates that the UCP government takes its instructions on the direction of energy policy primarily from industry, rather than from the public it serves.

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Waiting for a Credible Cost Estimate of Oil and Gas Closure Liabilities and the Problem with CARL

Regulatory Bulletin Commented On: AER Bulletin 2024-11: Conditional Adjustment of Reclamation Liability (CARL) Program and New Edition of Directive 088 and Manual 023

PDF Version: Waiting for a Credible Cost Estimate of Oil and Gas Liabilities and the Problem with CARL

This post describes and assesses the Conditional Adjustment of Reclamation Liability (CARL) Program announced by the Alberta Energy Regulator (AER) in April 2024 and discusses a central question about Alberta’s conventional oil and gas closure liabilities: the absence of a credible official cost estimate. “Conventional oil and gas” in this context means wells, pipelines, and facilities, but excludes Large Facilities and oilsands mines, which have separate regulatory systems.

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Albertan Waits: One Thousand and Three Hundred Delays

By: Drew Yewchuk

Case Commented on: Alberta Energy v Alberta (IPC), 2024 ABKB 198 (CanLII)

 PDF Version: Albertan Waits: One Thousand and Three Hundred Delays

Alberta Energy v Alberta (IPC), 2024 ABKB 198 (CanLII) is another decision relating to attempts to use the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25 (FOIP) to obtain records from Alberta Energy about their May 2020 decision to rescind the Coal Development Policy for Alberta (1976). Nigel Bankes described the initial rescission of the policy here and the reinstatement in February 2021 here.

The circumstances in Alberta Energy v Alberta (IPC) are an outrageous example of how Alberta’s elected officials exploit weaknesses in FOIP to conceal how government decision-making works to keep Albertans misinformed or disinformed. Continue reading →