Category: Responsible Energy Development Act Page 2 of 4

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

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.

The Responsible Energy Development Act and the Water Act – cloudy confluences

By Arlene Kwasniak

On January 7, 2013

In Environmental, Oil & Gas, Responsible Energy Development Act, Water Law

PDF version: The Responsible Energy Development Act and the Water Act – cloudy confluences

After 18 consecutive hours of steamed debate Alberta Legislature passed Bill 2, the Responsible Energy Development Act, (REDA) into law on November 21^st, 2012 (see Calgary Herald, 11-21-2012, here). The Bill received Royal Assent on December 10^th, and except for some exceptions, comes into force on Proclamation (REDA, s 113). The ABlawg has distilled much of the Bill in its numerous discussions posted on Bill 2 (see posts under the category Responsible Energy Development Act here) and will continue its stream of comments on the REDA. This ABlawg post navigates some of the actual and potential impacts of the REDA on water management in the Province under the Water Act, RSA 2000, c W-3 (canlii), one of the “specified enactments” under the REDA. As will be seen, subject to forthcoming regulations, there could be a deluge of potential impacts, that could, unless the regulations are very clear, circumscribed, and publicized, obfuscate water management and perplex water users and the public.

Bill 2 the Responsible Energy Development Act and the Duty to Consult

By Nigel Bankes

On November 19, 2012

In Administrative Law, Environmental, Natural Resources, Oil & Gas, Responsible Energy Development Act

PDF version: Bill 2 the Responsible Energy Development Act and the Duty to Consult

Proposals commented on: Bill 2, the Responsible Energy Development Act, Alberta and the First Nations Consultation Policy, Discussion Paper, (Fall 2012).

There has been a lively debate in the courts, tribunal decisions and the literature over the last few years as to the role of administrative tribunals in discharging or examining the Crown’s duty to consult aboriginal peoples when contemplating making decisions and developing policies which may adversely affect aboriginal or treaty rights. There are two guiding rules. First, a tribunal that has the authority to decide questions of law is presumed to have the jurisdiction to decide questions of constitutional law including the question of whether or not the Crown has satisfied its constitutional duty to consult and accommodate – provided that the constitutional question is rationally connected to a power or jurisdiction that the tribunal is exercising. The legislature may rebut that presumption by removing all or part of that jurisdiction from a tribunal. Second, a tribunal does not have the authority to discharge the Crown’s duty to consult and accommodate unless that authority is expressly delegated to the tribunal. The principal authority for all of this is Rio Tinto Alcan Inc v Carrier Sekani Tribal Council, 2010 SCC 43 which I blogged at here.