Category: Carbon Capture and Storage Page 1 of 6

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.

The Department of Energy and Minerals Finally Releases the Text of a Ministerial Order Delegating Technical CCS-Related Decision-Making Authority to the Alberta Energy Regulator

By Nigel Bankes

On January 29, 2024

In Carbon Capture and Storage, Privacy

By: Nigel Bankes

Matter Commented On: Minister of Energy, Ministerial Order 060/2023, Delegating certain powers of the Minister under the Mines and Minerals Act and the Carbon Sequestration Tenure Regulation, to persons holding particular positions within the Alberta Energy Regulator, April 25, 2023

PDF Version: The Department of Energy and Minerals Finally Releases the Text of a Ministerial Order Delegating Technical CCS-Related Decision-Making Authority to the Alberta Energy Regulator

On April 25, 2023 Peter Guthrie, then Minister of Energy for the Province of Alberta, signed Ministerial Order 060/2023 delegating certain of the Minister’s powers with respect to carbon capture and storage (CCS) projects to staff within the Alberta Energy Regulator (AER). In my view this, in principle, is a sound decision and reflects the recommendations made by the Steering Committee of Alberta’s Regulatory Framework Assessment more than a decade ago. In the interests of transparency, I disclose that I was a member of that Committee. The Committee took the view that while the Department of Energy (now the Department of Energy and Minerals) should have responsibility for decisions related to carbon sequestration tenure and broad questions of policy, responsibility for the more technical decisions related to a CCS project, such as the conditions for issuing a closure certificate, should be made by the AER. The distinction between these different types of decisions had been blurred with the adoption of the CCS amendments to the Mines and Minerals Act, RSA 2000, c M-15 (MMA) in 2010.

The Crown Pore Space Lease and Pore Space Unit Agreement

By Nigel Bankes

On September 27, 2023

In Carbon Capture and Storage, Energy, Land Use, Oil & Gas

By: Nigel Bankes

Documents commented on: The Crown Pore Space Lease and Pore Space Unit Agreement

PDF Version: The Crown Pore Space Lease and Pore Space Unit Agreement

As I discussed in my last ABlawg post the Government of Alberta (GoA) recently announced the adoption of the Small-Scale and Remote (SSR) Carbon Sequestration Tenure. As part of this announcement, the GoA also released a standard form pore space lease (PSL) and a model Pore Space Unit Agreement (PSUA). This is my attempt to unpack these two agreements and to offer what I hope will be understood as constructive comments on these documents.

Alberta Rolls Out Yet Another Form of Sequestration Agreement

By Nigel Bankes

On September 21, 2023

In Carbon Capture and Storage, Energy, Oil & Gas

By: Nigel Bankes

Document commented on: Mineral Rights Information Bulletin, 2023-01, Small-Scale and Remote (SSR) Carbon Sequestration Tenure, September 14, 2023

PDF Version: Alberta Rolls Out Yet Another Form of Sequestration Agreement

The Government of Alberta (GoA) is experimenting with several different forms of carbon sequestration tenure. But while the initial development of sequestration tenure and policy between 2010 and 2013 was open and transparent – as reflected in the Regulatory Framework Assessment – there is very little in the way of public explanation for the more recent changes, and, as noted in previous ABlawg posts (my last post contains relevant links), very little in terms of overall transparency.

A Blog with Two Titles: (1) The Current Status of Monitoring, Measurement and Verification Requirements for Carbon Capture and Storage Projects in Alberta, and (2) When Does a Ministerial Order Have to be Published?

By Nigel Bankes

On September 7, 2023

In Carbon Capture and Storage, Privacy

By: Nigel Bankes

Documents commented on: AER Bulletin 2023-29, July 27, 2023; a new edition of AER Directive 065: Resources Applications for Oil and Gas Reservoirs, July 27, 2023; and Ministerial Order MO 60/2023

PDF Version: A Blog with Two Titles: (1) The Current Status of Monitoring, Measurement and Verification Requirements for Carbon Capture and Storage Projects in Alberta, and (2) When Does a Ministerial Order Have to be Published?

As the title suggests this post addresses two matters. First it refers to some recent developments in Monitoring, Measurement and Verification (MMV) requirements for carbon capture and storage projects (CCS) in Alberta, and in particular the allocation (and now, it seems, a reallocation) of the regulatory responsibility for these requirements as between the recently rebranded Ministry of Energy and Minerals (MEM) and the Alberta Energy Regulator (AER). Second, it addresses the more general question of when ministerial orders have to be published. While these matters appear to be unrelated they are in fact joined at the hip, as I hope to demonstrate.