Category Archives: Energy

Alberta Rolls Out Yet Another Form of Sequestration Agreement

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. Continue reading →

The 2024 Industry-Wide Closure Spend Lowered Without Explanation

By: Drew Yewchuk

Regulatory Bulletin Commented on: AER Bulletin 2023-31, Industry-Wide Closure Spend Requirement for 2024

PDF Version: The 2024 Industry-Wide Closure Spend Lowered Without Explanation

The Alberta Energy Regulator’s (AER) Bulletin 2023-31 sets the industry-wide closure spend requirement for 2024 at $700 million, lower than the $764 million forecasted last year. This is another post on how poorly and secretively the AER is handling the industry-wide closure spend requirement, following previous posts here and here. Continue reading →

Sometimes it is Completely Irrelevant Whether or not a Royalty Interest Amounts to an Interest in Land

By: Nigel Bankes

Case commented on: Enerplus Corporation v Harvest Operations Corp, 2021 ABQB 634 (CanLII), appeal dismissed, 2023 ABKB 482 (CanLII)

PDF Version: Sometimes it is Completely Irrelevant Whether or not a Royalty Interest Amounts to an Interest in Land

Harvest (70%), Orlen (15%), and Petrus (15%) are the working interest owners of certain oil and gas properties. Under the terms of a farmout agreement (in the form of the 1997 Farmout and Royalty Procedure of the Canadian Association of Petroleum Landmen (CAPL)), back in the chain of title, Enerplus holds a gross overriding royalty interest (GORR) in the 70% interest currently held by Harvest. The terms of the GORR provided that: Continue reading →

An Incredibly Ill-Advised and Unnecessary Decision

By: Nigel Bankes and Martin Olszynski

Decision Commented On: Generation Approvals Pause Regulation, OiC 172/2023, August 2, 2023

PDF Version: An Incredibly Ill-Advised and Unnecessary Decision

On August 3, 2023 the Government of Alberta announced that the Alberta Utilities Commission (AUC) will pause approvals of new renewable electricity generation projects over one megawatt until February 29, 2024. As further set out below, this “pause” is entirely unnecessary to achieve the government’s stated goals; it is also astoundingly hypocritical and undermines confidence in the stability of Alberta’s regulatory framework insofar as it singles out renewable energy projects for special treatment. Continue reading →

Orphan Well Association Annual Report 2022/2023

By: Drew Yewchuk

Annual Report Commented On: Orphan Well Association, Annual Report 2022/23

 PDF Version: Orphan Well Association Annual Report 2022/2023

The 2022/2023 Orphan Well Association (OWA) annual report was posted to the OWA website on July 7, 2023. OWA annual reports provide insight into Alberta’s orphan oil and gas asset situation and the pace at which the problem is being addressed. This post summarizes the report and discusses the implications of the information for Alberta’s oil and gas liability problem. Continue reading →