Page 8

Regulatory Memo Commented On: Internal Alberta Energy Regulator Memorandum, Unintended Consequences of Ministerial Order 043/2023 in Insolvency April 11, 2024

PDF Version: The Problem with Industry Control of the OWA, and OWA Control of Oil and Gas Insolvency

The focus of this post is an internal memorandum written by the Alberta Energy Regulator (AER) Orphaning and Insolvency team: the AER Memorandum on Unintended Consequences of Ministerial Order 043/2023 in Insolvency (the Unintended Consequences Memo). We describe a regulatory problem with potentially serious consequences for municipalities and the public that has not been disclosed to the public by the AER. The Unintended Consequences Memo was obtained in records obtained by the Faculty’s Public Interest Law Clinic in its ongoing closure liabilities access-to-information project under the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25 (FOIP).

Submission on Family Violence Law to the Ministers of Arts, Culture and Status of Women, Children and Family Services, and Justice

By Jennifer Koshan

On July 8, 2024

In Family, Law Reform

By: Jennifer Koshan, Ampee Minhas, Athina Pantazopoulos & Sasha Reid

Legislation Commented On: Family Law Act, SA 2003, c F-4.5; Protection Against Family Violence Act, RSA 2000, c P-27

PDF Version: Submission on Family Violence Law to the Ministers of Arts, Culture and Status of Women, Children and Family Services, and Justice

Authors’ Note:

This law reform submission was delivered to the Government of Alberta, Ministers of Arts, Culture and Status of Women, Children and Family Services, and Justice, on July 8, 2024. Below we provide the Introduction to the submission, a full version of which is available here.

Canadian Species at Risk, Where the Government Ignores Emergencies and Law

By Drew Yewchuk

On July 1, 2024

In Animal Law, Protection of Species

By: Drew Yewchuk

Decision Commented On: Western Canada Wilderness Committee v Canada (Environment and Climate Change), 2024 FC 870 (CanLII)

PDF Version: Canadian Species at Risk, Where the Government Ignores Emergencies and Law

Western Canada Wilderness Committee v Canada (Environment and Climate Change), 2024 FC 870 (CanLII) is a Federal Court decision about the obligations of the federal Minister of Environment and Climate Change (the Minister) to recommend emergency protections for species facing imminent threats to their survival or recovery under the Species at Risk Act, SC 2002, c 29 (SARA). Justice Yvan Roy concluded that the Minister had unlawfully delayed recommending that the Governor in Council issue an emergency order under SARA for the spotted owl, and rejected the Minister’s interpretation that recommending an emergency order could be delayed while the Minister gathered extensive information. The decision also addresses a long-term problem with the implementation of SARA: internal executive branch processes have not complied with the text, purpose, or past judicial interpretations of SARA.

Encampments on Campus Part 2

By Jennifer Koshan

On June 28, 2024

In Protest

By: Jennifer Koshan and Jonnette Watson Hamilton

Document Commented On: University of Calgary, Temporary structures and overnight protests, 2024-UC-003-A

PDF Version: Encampments on Campus Part 2

Last week we posted commentary about the University of Calgary’s May 9, 2024 response to an on-campus encampment (see “Encampments on Campus: Trespass, Universities, and the Charter”). An ABlawg reader subsequently sent us a copy of a University document entitled “Temporary structures and overnight protests” (Direction), which was apparently handed out to protestors on May 9. The document does not seem to be available on the University’s Policies and Procedures webpage, which is why we are calling it a direction rather than a policy. And while the document does not have “direction” in its title, it internally references itself as a “direction”, as we describe below.

The New Office of the Information and Privacy Commissioner Approach to Time Extensions for FOIP Requests

By Drew Yewchuk

On June 25, 2024

In Access to Information, Administrative Law

By: Drew Yewchuk

Administrative Policy Commented on: OIPC Practice Note Request for Time Extension Under FOIP Section 14

PDF Version: The New Office of the Information and Privacy Commissioner Approach to Time Extensions for FOIP Requests

On June 17^th, 2024, the Office of the Information and Privacy Commissioner of Alberta (OIPC) changed their policy for Time Extension Requests Under Section 14 of the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25 (FOIP). The OIPC issued two new standardized forms and issued a practice note for public bodies seeking time extensions (the Practice Note). The OIPC’s attention to how they exercise their discretion in granting time extensions is encouraging and shows the OIPC is doing what it can to address the delay problem in Alberta FOIP. This post assesses a few of the more notable changes.