Category: Responsible Energy Development Act Page 2 of 4

By: Nigel Bankes

PDF Version: Directly and Adversely Affected: The Actual Practice of the Alberta Energy Regulator

This post examines the actual practice of the Alberta Energy Regulator (AER) with respect to a number of related matters: (1) decisions by the AER as to whether a person is directly and adversely affected by an application, (2) decisions by the AER as to whether or not to hold a public hearing on an application, and (3) decisions by the AER as to whether it should disregard a statement of concern. The discussion is based on nine letter decisions of the AER in relation to two different project applications: CNRL’s Kirby in situ oil sands expansion project, and Keyera Energy’s application to enhance the extraction of liquids at its Rimbey Plant. The interested parties who filed statements of concern (SOCs) or requests to participate with respect to the two applications include First Nations, an environmental organization, and industrial competitors. Thus the range of decisions examined here provides valuable guidance as to how the AER will exercise its discretion in relation to standing, hearing and statement of concern matters involving a number of different types of interests.

The AER’s Peace River Odours and Emissions Report and Response

By Nigel Bankes

On April 25, 2014

In Oil & Gas, Responsible Energy Development Act

By: Nigel Bankes

Reports commented on: AER Report of Recommendations on Odours and Emissions in the Peace River Area, March 31, 2014, 2014 ABAER 005; AER Response, April 15, 2014

PDF version: The AER’s Peace River Odours and Emissions Report and Response

For a long time now residents in the Peace River area (Three Creeks, Reno and Seal Lake) have complained about hydrocarbon odours and emissions from oil sands / heavy oil developments in this part of the province. Some residents have complained of health effects and some have found conditions intolerable and have moved off their properties. Pressure to deal with this has grown and the Alberta Energy Regulator (AER) has responded by endorsing a comprehensive set of recommendations designed to:

reduce and virtually eliminate all hydrocarbon emissions that contribute to odour events, nuisance, and environmental and potential health impacts for residents of the Peace River area; and
increase the conservation of gas resources in the Peace River area. (Response at 11)

The First Ministerial Direction to the Alberta Energy Regulator: The Aboriginal Consultation Direction

By Nigel Bankes

On April 24, 2014

In Aboriginal, Responsible Energy Development Act

By: Giorilyn Bruno and Nigel Bankes

Direction commented on: Ministerial Order 141/2013, The Aboriginal Consultation Direction

PDF version: The First Ministerial Direction to the Alberta Energy Regulator: The Aboriginal Consultation Direction

On November 26, 2013, the Minister of Energy issued Ministerial Order 141/2013, the Aboriginal Consultation Direction. The Direction was issued to ensure that “the AER considers and makes decisions in respect of energy applications in a manner that is consistent with the work of the Government of Alberta” (Direction at 2) in meeting its consultation obligations associated with the existing rights of Aboriginal people. The Direction gives eight specific directions to the Alberta Energy Regulator (AER) and sets up a process on Aboriginal consultation that the AER must follow. This post comments on the content of the Direction, its implications, and identifies some of the issues that are unclear under the current legislation.

Amended Rules of Practice for the Alberta Energy Regulator: More Bad News for Landowners and Environmental Groups

By Shaun Fluker

On December 11, 2013

In Energy, Intervenors and Standing, Responsible Energy Development Act

PDF Version: Amended Rules of Practice for the Alberta Energy Regulator: More Bad News for Landowners and Environmental Groups

Legislation commented on: Alberta Energy Regulator Rules of Practice as amended by Alta Reg 203/2013

In the Fall of 2012 ABlawg published a series of entries concerning the enactment of the Responsible Energy Development Act, SA 2012, c R-17.3 (REDA) and the transition to a single regulator for energy projects in Alberta. That transition is now underway. The Alberta Energy Regulator is responsible for the approval and ongoing oversight of energy projects – and will soon be responsible for all energy project approvals and oversight other than the disposition of mineral rights by Alberta Energy.

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Public Consultations on Responsible Energy Development Act Regulations

By Admin

On February 22, 2013

In Responsible Energy Development Act

PDF version: Public Consultations on Responsible Energy Development Act Regulations

News release commented on: Alberta Government, “Province seeks input on new energy regulator” (February 13, 2013).

The Government of Alberta announced on February 13 that it will be holding public consultation sessions as part of its process to develop the new regulations under the Responsible Energy Development Act. Public consultation sessions are taking place in 18 communities across the province and began on Wednesday, February 20. A list of the 18 sessions can be found on the Alberta Energy “Regulatory Enhancement Project” web page. The Calgary session will take place on February 25, 2013 from 9:00 a.m. to 12:00 p.m. at the Glenmore Inn and Convention Centre, 2720 Glenmore Trail SE.