Category Archives: Responsible Energy Development Act

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

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.

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Phase 2 of the Implementation of the Alberta Energy Regulator: The Private Surface Agreement Registry

By Giorilyn Bruno

PDF Version: Phase 2 of the Implementation of the Alberta Energy Regulator: The Private Surface Agreement Registry

Legislation commented on: Responsible Energy Development Act, SA 2012, c R-17.3; Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25

Regulations commented on: Enforcement of Private Surface Agreement Rules, Alta 204/2013.

On November 30, 2013 additional sections of the Responsible Energy Development Act, SA 2012, c R-17.3 (REDA) came into force as part of phase 2 of the implementation of the Alberta Energy Regulator (AER). Under this current phase, the AER assumes jurisdiction over Part 8 of the Mines and Minerals Act, RSA 2000, c M-17, the Public Lands Act, RSA 2000, c P-40, and the Private Surface Agreement Registry. Phase 1 occurred in June 2013 when the REDA largely came into force and established the AER with a new mandate and governance structure. Phase 3, the last one, will occur in Spring 2014 when the AER will take on responsibility for the Water Act, RSA 2000, c W-3 and the Environmental Protection and Enhancement Act, RSA 2000, c E-12 in relation to energy projects. With the implementation of phase 3, the AER will become a full life-cycle regulator for oil, gas, oil sands, and coal developments.

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

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

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.

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

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 21st, 2012 (see Calgary Herald, 11-21-2012, here).  The Bill received Royal Assent on December 10th, 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.

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