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Category: Administrative Law Page 1 of 42

Just Keep Watching: Insights From Democracy Watch v Canada (AG), 2026 SCC 28

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On August 24, 2026

In Administrative Law, Supreme Court of Canada

By: Sue Lue

Matter Commented On: Democracy Watch v Canada (AG), 2026 SCC 28 (CanLII)

PDF Version: Just Keep Watching: Insights From Democracy Watch v Canada (AG), 2026 SCC 28

On July 30, 2026, the Supreme Court of Canada (SCC) released its highly anticipated decision for Democracy Watch v Canada (AG), 2026 SCC 28 (CanLII) (Democracy Watch). For many years prior to this decision, Canadian legislatures incorporated privative clauses into their various laws to restrict the ability of courts to review decisions made by administrative bodies. Democracy Watch has now clarified that privative clauses that purport to oust what the Supreme Court calls “legality review” are unconstitutional; all aspects of an administrative decision are potentially subject to judicial review. This ruling ends the uncertainty that surrounded privative clauses and the ability for decisions made by administrative bodies to be reviewed, and may be the most important development in administrative law since Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65 (CanLII) (Vavilov).

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Democracy Watch and its Implications for the Practice of Channeling Limited Judicial Supervision to Appellate Courts

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On August 10, 2026

In Administrative Law, Appellate Practice, Law Reform, Supreme Court of Canada

By: Nigel Bankes

Matter Commented On: Democracy Watch v Canada (Attorney General), 2026 SCC 28 (CanLII)

PDF Version: Democracy Watch and its Implications for the Practice of Channeling Limited Judicial Supervision to Appellate Courts

This post assesses the implications of the Supreme Court’s unanimous and important decision in Democracy Watch for those many scenarios in which a provincial legislature channels some part, but only some part, of the judicial supervision of a regulatory tribunal to the province’s appellate courts. The drafting technique, at least in Alberta, is quite consistent. Step one, make provision for an appeal of a decision of a regulator to the Court of Appeal with a short limitation period; step two, confine that appeal to points of law or jurisdiction (i.e. no appeal on findings of fact or mixed findings of law and fact); step three, stipulate that the appeal is not as of right, but is subject to a leave or permission to appeal application; step four, confirm, by way of a broadly drafted privative clause, that the usual avenues for judicial review in the Court of King’s Bench are foreclosed.

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$120,000 Penalty for the 2023 Kearl Tailings Overflow

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On July 2, 2026

In Administrative Law, Environmental, Oil & Gas

By: Drew Yewchuk

Regulatory Decision Commented On: AER News Release 2026-06-11, Imperial pleads guilty to EPEA violation in Crown’s summary disposition on Kearl

PDF Version: $120,000 Penalty for the 2023 Kearl Tailings Overflow

On 29 May 2026, Imperial Oil Resources Limited (Imperial) entered a guilty plea to a charge of contravening a term or condition of its Environmental Protection and Enhancement Act, RSA 2000, c E-12 (EPEA) approval by releasing a substance from the Kearl oilsands mine in early 2023, and on 11 June 2026 the Alberta Energy Regulator (AER) posted a news release publicizing that Imperial would pay a $120,000 penalty, $118,000 of which will go to a creative sentencing project.

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Alberta Energy Regulator Makes Rule Changes Aimed At Gutting Participation by ENGOs

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On June 8, 2026

In Administrative Law, Energy, Environmental

By: Nigel Bankes 

Matter Commented on: Alberta Energy Regulator, Bulletin 2026-22: New Editions of the Alberta Energy Regulator Rules of Practice and Directive 031 and Alberta Energy Regulator Rules of Practice, Alta Reg 99/2013, as amended by Alta Reg 88/2026.

PDF Version: Alberta Energy Regulator Makes Rule Changes Aimed At Gutting Participation by ENGOs

Last month (May 2026) the Alberta Energy Regulator (AER) issued a Bulletin announcing changes to its Rules of Practice. The AER made these changes on February 5, 2026 and filed them April 30, 2026; they were gazetted “for information purposes” in the Alberta Gazette, Part 2, May 15, 2026. The AER Bulletin is dated May 5, 2026. The AER has the authority to make the Rules of Practice under s 61 of the Responsible Energy Development Act, SA 2012 c R-17.3  (REDA) but only, of course, to the extent that such Rules are consistent with the Act and with any regulations made under the Act (see REDA, ss 60 and 61). So far as I know, the AER made these Rule changes without following any notice and comment procedure. In other words, the AER provided no advance notice of its intention to make these amendments, no supporting rationale for the amendments, and no opportunity for anybody to comment on the amendments. The amendments appear to be part of a systematic effort by the AER to limit the right of those trying to speak for the environment and public lands to participate in the AER’s decision-making processes. Whether or not the AER was prodded into making these changes by industry or by the Department or Minister of Energy and Minerals will likely only be revealed by a responsive access to information filing.

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The Next Installment in the Continuing Debate Over Pore Space Conflict in Alberta

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On May 8, 2026

In Administrative Law, Carbon Capture and Storage, Natural Resources

By: Nigel Bankes

Decisions Commented On: (1) Request for a Regulatory Appeal by E3 Lithium Ltd. (E3), April 14, 2026; (2) Request for a Regulatory Appeal by PrairieSky Royalty Ltd. (PrairieSky), April 14, 2026; and (3) Request for Regulatory Appeal by Canpar Holdings Ltd. (Canpar), April 14, 2026

PDF Version: The Next Installment in the Continuing Debate Over Pore Space Conflict in Alberta

On July 30, 2025, the Alberta Energy Regulator (AER) granted an application from Enhance Energy Inc. (Enhance) for a CO2 sequestration scheme approval under s 39(1)(d) of the Oil and Gas Conservation Act, RSA 2000, c O-6 (OGCA) for Enhance’s Origins Project. The AER granted Enhance its approval without holding a public hearing. The approval is available here. Enhance anticipates the sequestered CO2 will result in a 4 km plume radius, up to a maximum radius of 5.6 km.

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