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Category: Energy Page 14 of 55

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

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On March 30, 2022

In Energy

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.

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

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On March 29, 2022

In Energy

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.

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

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On March 17, 2022

In Energy, Oil & Gas

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.

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

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On March 15, 2022

In Energy, Environmental

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.

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Alberta’s Carbon Capture & Storage Land Grab And The Potential For Conflicts Of Subsurface Rights

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On March 9, 2022

In Carbon Capture and Storage, Energy

By: Nick Ettinger, Renée Matthews & Rudiger Tscherning

PDF Version: Alberta’s Carbon Capture & Storage Land Grab And The Potential For Conflicts Of Subsurface Rights

Matter Commented On: Alberta’s Request for Full Project Proposals for Carbon Capture and Sequestration Hubs

On March 3, 2022, the Government of Alberta issued a province-wide Request for Full Project Proposals (RFPP) for carbon capture and sequestration hubs (CCS Hubs). This followed a more limited RFPP for CCS Hub(s) to service emissions from Alberta’s Industrial Heartland (IH), which closed on February 1, 2022. By the end of March 2022, Alberta Energy is expected to announce the successful proponents of the IH RFPP, who will receive permits to evaluate large amounts of publicly owned pore space for the eventual permanent sequestration of millions of tons of carbon dioxide (CO2). The RFPP for the rest of the province closes on May 2, 2022. Nigel Bankes has previously commented on the evolution of this process for pore space tenure dispositions (see here, here, and here). We’ve previously described the potential for conflicts arising from the subsurface convergence of CCS and critical minerals such as helium and lithium in Alberta (read our article here). This post examines the potential for conflicts of competing subsurface rights and interests arising from the current legislative scheme and the province’s rapid roll-out of CCS Hub dispositions.

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