Author: Drew Yewchuk Page 6 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.

By: Drew Yewchuk

Decision Commented on: University of Alberta (Re), 2023 CanLII 122872 (AB OIPC)

PDF Version: Information Shall be Released: The Long Wait for Access to Government Information in Alberta

This post is another installment in the Public Interest Law Clinic’s work on improving access to government information in Alberta. See previous posts here, here, here, and here.

Re University of Alberta, OIPC Order F2023-46 is a decision of an adjudicator at the Office of the Information and Privacy Commissioner (OIPC), the administrative review body for Alberta’s Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25 (FOIP). The decision draws out an important principle of access to government records: that no refusal of access ought to be permanent. Eventually, all government records should become public. This post provides the basics of when exceptions to disclosure expire and when a request can be usefully re-filed to obtain previously-redacted information.

Auditor General Updates Recommendations Unaddressed by the AER on the Effectiveness of Regulating Closure Liabilities in Conventional (Non-Oil Sands) Oil and Gas

By Drew Yewchuk

On December 22, 2023

In Energy, Oil & Gas

By: Shaun Fluker, Drew Yewchuk, and Martin Olszynski

Report commented on: Report of the Auditor General – December 2023

PDF Version: Auditor General Updates Recommendations Unaddressed by the AER on the Effectiveness of Regulating Closure Liabilities in Conventional (Non-Oil Sands) Oil and Gas

Earlier this month, the Auditor General of Alberta filed a report under section 19 of the Auditor General Act, RSA 2000, c A-46, with the Legislative Assembly. The Report includes a summary of 113 recommendations the Auditor General has made to the government since November 2022, including those made by the Auditor General in March 2023, directing the Alberta Energy Regulator (AER) to improve performance of the management and regulation of end-of-life oil and gas liabilities in the conventional (non-oil sands) sector. The December 2023 report indicates that none of the 9 recommendations made to the AER in March are ready for reassessment. In other words, the AER has not yet taken sufficient action.

Comments on the AER’s Draft Regulations for Rock-Hosted Mineral Mining

By Drew Yewchuk

On November 9, 2023

In Energy

By: Drew Yewchuk

Regulatory Documents Commented on: AER Bulletin 2023-36: Invitation for Feedback on Proposed New Requirements for Rock-Hosted Mineral Resource Development; Draft Directive 0XX: Rock-Hosted Mineral Resource Development

PDF Version: Comments on the AER’s Draft Regulations for Rock-Hosted Mineral Mining

Despite the Alberta Energy Regulator (AER)’s poor reputation and history of scandals, the Alberta government expanded the role of the AER to include a broader role in regulating mining operations. In March 2023 changes to the Responsible Energy Development Act, SA 2012, c R-17.3 gave the AER new powers to regulate almost all types of mining under the Mineral Resource Development Act, SA 2021, c M-16.8. In my view, expanding the mandate and role of the AER is a mistake given their institutional failures and the public’s justified low confidence in the AER.

Freedom of Information: Brokering Access for Records on Oil and Gas Liability Management at the AER

By Drew Yewchuk

On October 11, 2023

In Privacy

By: Drew Yewchuk

Matter Commented On: “A Made-in-Alberta Failure: Unfunded Oil and Gas Closure Liability” School of Public Policy Paper Series, October 2023

PDF Version: Freedom of Information: Brokering Access for Records on Oil and Gas Liability Management at the AER

This blog post is a companion to “A Made-in-Alberta Failure: Unfunded Oil and Gas Closure Liability”, a research paper Martin Olszynski, Shaun Fluker, and I wrote for the School of Public Policy. The paper describes the decades of regulatory failure in Albertan policy on inactive and orphan oil and gas wells and identifies the core deficiencies in the regulatory approach. This post provides a summary of the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25 (FOIP) access brokering process with the Alberta Energy Regulator (AER) for the records obtained for writing that paper. Altogether, more than 1,500 pages of records were obtained through FOIP, although that includes a large number of duplicated pages. The documents cited in the research paper are attached to the paper as an appendix.

Now 40% Worse: The Mine Financial Security Program in 2023

By Drew Yewchuk

On September 28, 2023

In Energy, Oil & Gas

By: Drew Yewchuk and Martin Olszynski

Documents Commented on: Mine Financial Security Program – Security and Liability (2023); Annual Mine Financial Security Program Submissions 2023 Submissions for 2022 Reporting Year

PDF Version: Now 40% Worse: The Mine Financial Security Program in 2023

This brief post is in response to the Alberta Energy Regulator (AER) publishing the annual submissions required under the Mine Financial Security Program (MFSP). We provide an update on the state of Alberta’s system for obtaining financial security for the closure of oilsands and coal mines. Drew last provided an update in 2021, and that post describes the problems with the MFSP. He skipped 2022 because there was not much to say: it was bad news, but the same bad news as 2021. The numbers this year contain some notable surprises.