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How Qualex Restricted the Scope of Redwater

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On September 6, 2024

In Bankruptcy and Insolvency

By: Jassmine Girgis

Case commented on: Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115

PDF Version: How Qualex Restricted the Scope of Redwater

In Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115 (CanLII) (Qualex CA), the Alberta Court of Appeal issued a strong decision overturning the lower court and establishing two important points: first, the test from Newfoundland and Labrador v AbitibiBowater Inc, 2012 SCC 67 (CanLII) (the Abitibi test), which the Supreme Court of Canada applied in Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5 (CanLII) (Redwater), does not apply outside of insolvency proceedings, and second, only a regulator can enforce public duties.

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Administrative Penalties at the Alberta Energy Regulator: Regulatory Penalties for the Kearl Oilsands Leak

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On September 4, 2024

In Administrative Law, Energy, Oil & Gas

By: Drew Yewchuk

Decisions Commented On: AER Notice of Administrative Penalty 202408-009, AER Administrative Sanction 202408-010, and AER News Release 2024-08-22

PDF Version: Administrative Penalties at the Alberta Energy Regulator: Regulatory Penalties for the Kearl Oilsands Leak

On August 22, 2024, the Alberta Energy Regulator (AER) issued notice of administrative penalty 202408-009 (penalty decision) and administrative sanction 202408-010 (administrative sanction) (together, the ‘enforcement decisions’) imposing terms and conditions to Imperial Oil Resources Limited (Imperial Oil). The AER also issued a news release about these two enforcement actions. This post assesses the AER’s enforcement decisions and the justifications provided for them.

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Legal Hunting of an Endangered Species: A Grizzly Tale in Alberta

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On September 3, 2024

In Animal Law, Protection of Species

By: Shaun Fluker

Legislation commented on: Wildlife (Grizzly Bear – Ministerial) Amendment Regulation, Alta Reg 115/2024

PDF Version: Legal Hunting of an Endangered Species: A Grizzly Tale in Alberta

On July 9 the Alberta government issued a news release announcing that the Minister of Forestry and Parks has reinstated a grizzly bear hunt in Alberta. In this post, I describe the legislative amendment made to enable the hunt and explain how effective endangered species legislation (non-existent in Alberta) would make it much more difficult for the Minister to do this. Alberta’s endangered species law and policy has always been a sad joke in terms of facilitating protection or recovery of species, but the UCP government has now managed to make this a sad and twisted joke. Alberta has joined a select group of countries in the world that authorize hunting of a majestic fauna species that they also designate as threatened with extinction (membership in this group includes many African nations who cater to trophy hunters – see Elephants, lions and leopards: 13 countries where rich people hunt endangered animals.

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Taking Stock of the Grassy Mountain Litigation, Part 2, August 2024

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On August 28, 2024

In Energy

By: Nigel Bankes

PDF Version: Taking Stock of the Grassy Mountain Litigation, Part 2, August 2024

Cases and decisions commented on: (1) AER Panel Decision on Stay Motion Filed by the Municipal District of Ranchland No. 66 (Stay Application) August 9, 2024, and (2) Municipal District of Ranchland No. 66 v Alberta Energy Regulator, 2024 ABCA 274 (CanLII) (PTA Application) August 22, 2024

This ABlawg post is an update to a post from earlier this year: “Taking Stock of The Grassy Mountain Litigation as of February 2024”. In that post, I traced the litigation commenced by Benga and its corporate successor Northback following the June 2021 report and decision of the Joint Review Panel to reject the Grassy Mountain Project exercising authority as the Alberta Energy Regulator (AER). That litigation involved cases in the Federal Court and Alberta’s Court of Appeal and Court of King’s Bench. The Alberta Court of Appeal litigation came to an end in 2022 when the Supreme Court of Canada denied a further leave to appeal. The Federal Court cases are still ongoing, as is the King’s Bench matter, as well as allied litigation brought by First Nations in both Federal Court and in King’s Bench. I refer the reader to my February 2024 post for details on these case as well as the necessary links and references.

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The Alberta Energy Regulator’s Planned Timelines for Orphan, Inactive, and Decommissioned Oil and Gas Infrastructure

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On August 16, 2024

In Energy, Oil & Gas

By: Drew Yewchuk

Regulatory Memo Commented On: Orphan Well Association Annual Report 2023/2024 and AER Bulletin 2024-19, Industry-Wide Closure Spend Requirement for 2025

PDF Version: The Alberta Energy Regulator’s Planned Timelines for Orphan, Inactive, and Decommissioned Oil and Gas Infrastructure

In the past few weeks, the Orphan Well Association (OWA) released their 2023/2024 annual report and the Alberta Energy Regulator (AER) announced the 2025 closure spend requirement. This post assesses the OWA’s plan for the closure of the orphan inventory and the AER’s plan for closure of inactive and decommissioned infrastructure. When does the AER plan for the OWA to complete the closure of the orphan inventory and when does the AER plan for industry to finish decommissioning and reclaiming (or posting security for) Alberta’s inactive and decommissioned oil and gas infrastructure? Target closure dates can be determined by extrapolating from the current orphan fund levy and the closure spend requirement and the estimated total costs of closure.

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