Author Archives: Drew Yewchuk

About Drew Yewchuk

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.

The Alberta Energy Regulator’s Planned Timelines for Orphan, Inactive, and Decommissioned Oil and Gas Infrastructure

By: Drew Yewchuk

Regulatory Memo Commented On: Orphan Well Association Annual Report 2023/2024 and AER Bulletin 2024-19, Industry-Wide Closure Spend Requirement for 2025

PDF Version: The Alberta Energy Regulator’s Planned Timelines for Orphan, Inactive, and Decommissioned Oil and Gas Infrastructure

In the past few weeks, the Orphan Well Association (OWA) released their 2023/2024 annual report and the Alberta Energy Regulator (AER) announced the 2025 closure spend requirement. This post assesses the OWA’s plan for the closure of the orphan inventory and the AER’s plan for closure of inactive and decommissioned infrastructure. When does the AER plan for the OWA to complete the closure of the orphan inventory and when does the AER plan for industry to finish decommissioning and reclaiming (or posting security for) Alberta’s inactive and decommissioned oil and gas infrastructure? Target closure dates can be determined by extrapolating from the current orphan fund levy and the closure spend requirement and the estimated total costs of closure.

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The Problem with Industry Control of the OWA, and OWA Control of Oil and Gas Insolvency

By: Drew Yewchuk & Shaun Fluker

Regulatory Memo Commented On: Internal Alberta Energy Regulator Memorandum, Unintended Consequences of Ministerial Order 043/2023 in Insolvency April 11, 2024

PDF Version: The Problem with Industry Control of the OWA, and OWA Control of Oil and Gas Insolvency

 The focus of this post is an internal memorandum written by the Alberta Energy Regulator (AER) Orphaning and Insolvency team: the AER Memorandum on Unintended Consequences of Ministerial Order 043/2023 in Insolvency (the Unintended Consequences Memo). We describe a regulatory problem with potentially serious consequences for municipalities and the public that has not been disclosed to the public by the AER. The Unintended Consequences Memo was obtained in records obtained by the Faculty’s Public Interest Law Clinic in its ongoing closure liabilities access-to-information project under the  Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25 (FOIP).

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Canadian Species at Risk, Where the Government Ignores Emergencies and Law

By: Drew Yewchuk

Decision Commented On: Western Canada Wilderness Committee v Canada (Environment and Climate Change), 2024 FC 870 (CanLII)

PDF Version: Canadian Species at Risk, Where the Government Ignores Emergencies and Law

Western Canada Wilderness Committee v Canada (Environment and Climate Change), 2024 FC 870 (CanLII) is a Federal Court decision about the obligations of the federal Minister of Environment and Climate Change (the Minister) to recommend emergency protections for species facing imminent threats to their survival or recovery under the Species at Risk Act, SC 2002, c 29 (SARA). Justice Yvan Roy concluded that the Minister had unlawfully delayed recommending that the Governor in Council issue an emergency order under SARA for the spotted owl, and rejected the Minister’s interpretation that recommending an emergency order could be delayed while the Minister gathered extensive information. The decision also addresses a long-term problem with the implementation of SARA: internal executive branch processes have not complied with the text, purpose, or past judicial interpretations of SARA.

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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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