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.

Is The Canadian Energy Centre A Department, Branch or Office of the Government of Alberta?

By: Drew Yewchuk

PDF Version: Is The Canadian Energy Centre A Department, Branch or Office of the Government of Alberta?

Decision Commented On: Re Canadian Energy Centre Ltd, Order F2022-16 (AB OIPC)

The Office of the Information and Privacy Commissioner (OIPC) released a Re Canadian Energy Centre Ltd, Order F2022-16 finding that the Canadian Energy Centre (CEC), which is also known as the ‘War Room’, is not subject to the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25 (FOIP). This is the outcome the Alberta government intended when creating the CEC, and Alberta Energy participated in the hearing to argue the CEC was not subject to FOIP. Despite that, my view is that the OIPC adjudicator made errors in interpreting FOIP and their conclusion is wrong. The CEC is a ‘public body’ subject to FOIP. Continue reading →

The Sequoia Bankruptcy Part 3: The Second Application for Summary Dismissal Should Never Have Been Heard

By: Drew Yewchuk

PDF Version: The Sequoia Bankruptcy Part 3: The Second Application for Summary Dismissal Should Never Have Been Heard

Case Commented On: PricewaterhouseCoopers Inc v Perpetual Energy Inc, 2022 ABCA 111

This is part 3 of a series on the litigation resulting from the Bankruptcy of Sequoia Resources Corp. (Sequoia). Part 1 covered the first application to strike and the first application to intervene. Part 2 covered a costs decision against the Trustee and the first appeal decision.

This third part covers some of the interlocutory decisions, the Court of Appeal’s decision on the second summary dismissal decision, and explains how the initial asset transfer seems to have passed regulatory review. Continue reading →

How is the Orphan Fund Levy Set? Alberta’s Oil and Gas Clean-up Costs in 2022

By: Drew Yewchuk & Chris Wray

PDF Version: How is the Orphan Fund Levy Set? Alberta’s Oil and Gas Clean-up Costs in 2022

Decision Commented On: The Upcoming Orphan Fund Levy for 2022/2023

ABlawg has covered the orphan and inactive oil and gas well issue for around five years now and those who have not followed the issue can become lost in the complexities of the regulatory system. This post is an entry point for those first starting to look carefully at the issue. It describes Alberta’s oil and gas clean-up obligation and costs problems in detail, explains why it is difficult to get clear information about the precise size of the problem, and ends by describing what is at stake in the upcoming policy decision: the annual decision of the Alberta Energy Regulator (AER) to set the amount of the 2022/2023 Orphan Fund Levy. Continue reading →

Coal Law and Policy Part Eight: The Results of the Coal Consultation and the Return to the Alberta Land Stewardship Act

By: Drew Yewchuk

PDF Version: Coal Law and Policy Part Eight: The Results of the Coal Consultation and the Return to the Alberta Land Stewardship Act

Reports and Ministerial Order Commented On: Engaging Albertans About Coal, Final Report: Recommendations for the Management of Coal Resources in Alberta, Ministerial Order 002/2022

On March 4, 2022, the Alberta government released the two reports of the Coal Policy Consultation Committee (the Committee), as well as a ministerial order from the Minister of Energy implementing part of the Committee’s recommendations. This post continues ABlawg’s coverage of coal law and policy issues. ABlawg’s last post on this topic, “Coal Development Consultation Terms of Reference Revisited”, contains links to our previous posts.

This post summarizes key points of the Committee’s reports and reviews the actions government has taken so far in response to the reports. Continue reading →

Secrecy in Species at Risk Act Permits

By: Drew Yewchuk & Daniella Marchand

PDF Version: Secrecy in Species at Risk Act Permits

Permit Commented On: Explanation for issuing permit (19-HCAA-01862) pursuant to the provisions of section 73 of SARA – Bull Trout

Public Interest Law Clinic staff have been monitoring the Species at Risk Act, SC 2002, c 29 (SARA) public registry from the early days of the clinic in 2016, when the clinic looked at a proposed permitting policy under SARA. Maintaining the public registry is a requirement of SARA (see SARA sections 120-124), and one type of document that must be posted to the registry are the explanations for the granting of section 73 permits to affect species at risk or their critical habitat. The clinic has found instances where they are either never being posted at all or posted very late – so late that the permits are expired by several months by the time they are posted to the registry. This blog describes the problem with the long delays in posting explanations for permits and argues these delays violate the intention of SARA. This post ends with a brief reflection on the usefulness of online registries meant to increase transparency. Continue reading →