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Administrative Penalties at the Alberta Energy Regulator: A Rational Calculation of a Penalty Unlikely to be Paid

On June 4, 2024

By: Drew Yewchuk

Decision Commented on: AER Administrative Penalty 202405-002, Tallahassee Exploration Inc. (May 2024)

PDF Version: Administrative Penalties at the Alberta Energy Regulator: A Rational Calculation of a Penalty Unlikely to be Paid

This is the second post on how the Alberta Energy Regulator (AER) makes decisions on financial penalties to companies that contravene the conditions of their project approvals. The first post, in April 2023, commented on an AER penalty to Ovintiv for operating a sour gas plant with a shorter than approved flare stack.

Can the Federal Government Compel Provincial Authorities to Respect an Indigenous Right of Self-Government?

By Robert Hamilton

On June 3, 2024

In Aboriginal, Constitutional, Indigenous

By: Robert Hamilton

Case Commented on: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 (CanLII)

PDF Version: Can the Federal Government Compel Provincial Authorities to Respect an Indigenous Right of Self-Government?

The Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 (CanLII) (SCC Reference) is one of the most significant Supreme Court of Canada (SCC) decisions concerning Indigenous Peoples of the past decade. I summarized the decision here, Nigel Bankes and I commented on the Court’s treatment of UNDRIP here, and Nigel Bankes commented on implications for the “lands reserved” head of power under s 91(24) here.

The Premier’s Review of the AER: A Recipe for How Industry Can Have its Cake and Eat it too

By Drew Yewchuk

On May 30, 2024

In Energy

By: Drew Yewchuk, Shaun Fluker, Martin Olszynski, and Nigel Bankes

Commented on: Final report: Premier’s Review of the Alberta Energy Regulator (May 2024)

PDF Version: The Premier’s Review of the AER: A Recipe for How Industry Can Have its Cake and Eat it too

The UCP government continues to overhaul energy policy and regulation in Alberta with no meaningful opportunities for public scrutiny or input. In January 2023, Premier Danielle Smith appointed a five-person Premier’s Advisory Council on Alberta’s Energy Future (Energy Future Council) to prepare a report on Alberta’s energy future. The terms of reference for this Energy Future Council were set by Ministerial Order 02/2023, which was only released to the public in response to a FOIP request (see When Does a Ministerial Order Have to be Published?). The Energy Future Council submitted its report to the Premier in June 2023, but that report has never been made public. In response to this non-published report, the Minister of Energy and Minerals initiated another panel, similarly closed to public input, to review and report on the Alberta Energy Regulator (AER). On May 22, 2024, the Government of Alberta elected to release this second report (the AER Report) under the names of two of the five members of the Energy Future Council, David Yager and Bob Curran. As was the case with the recission of the 1976 Coal Policy, the AER Report demonstrates that the UCP government takes its instructions on the direction of energy policy primarily from industry, rather than from the public it serves.

Waiting for a Credible Cost Estimate of Oil and Gas Closure Liabilities and the Problem with CARL

By Drew Yewchuk

On May 27, 2024

In Oil & Gas

Regulatory Bulletin Commented On: AER Bulletin 2024-11: Conditional Adjustment of Reclamation Liability (CARL) Program and New Edition of Directive 088 and Manual 023

PDF Version: Waiting for a Credible Cost Estimate of Oil and Gas Liabilities and the Problem with CARL

This post describes and assesses the Conditional Adjustment of Reclamation Liability (CARL) Program announced by the Alberta Energy Regulator (AER) in April 2024 and discusses a central question about Alberta’s conventional oil and gas closure liabilities: the absence of a credible official cost estimate. “Conventional oil and gas” in this context means wells, pipelines, and facilities, but excludes Large Facilities and oilsands mines, which have separate regulatory systems.

You Shall Not Pass Go: The End of Monopoly (and Self-Governance) for BC Lawyers

By Michael Ilg

On May 17, 2024

In Administrative Law, Ethics and the Legal Profession

By: Michael Ilg

Matter Commented On: Bill 21– 2024, Legal Professions Act, 5th Session, 42nd Parliament (2024)

PDF Version: You Shall Not Pass Go: The End of Monopoly (and Self-Governance) for BC Lawyers

What is the difference between a dairy farmer and a lawyer? The most obvious answer might be that one produces a good that has social value, while the other one is a lawyer. A more nuanced answer might be that while Canadian dairy farmers have been extraordinarily successful (or rather notorious) in maintaining their regulation protected monopoly, lawyers, at least in British Columbia, are on the precipice of losing theirs. The object of this short post is to offer some preliminary observations on the BC government’s Bill 21, the proposed new Legal Professions Act, which will do away with the Law Society of BC.