Request for Regulatory Appeal – Granted
In this decision, the AER considered a request by Mr. Martin Hillmer for a regulatory appeal of Reclamation Certificate No. 151150 issued to Shell Canada Limited (“Shell”). The AER granted the request and determined that a hearing into the regulatory appeal would be held as the legislative tests for granting an appeal were met.
In his request for regulatory appeal, Mr. Hillmer raised concerns regarding the site’s bare ground and the fact that he was not given the opportunity to present his concerns prior to the issuance of the reclamation certificate. Shell was of the view that the site met or exceeded the criteria.
The AER set out that section 91(1)(i) of the Environmental Protection and Enhancement Act (“EPEA”) and section 36 of the Responsible Energy Development Act (“REDA”) operate to grant the owner of lands subject to a reclamation certificate, that is in receipt of a copy of the reclamation certificate, an automatic right of regulatory appeal barring no extraordinary and obvious circumstances militating against that right. The AER found that no such circumstances existed in this case.
The AER concluded that the tests for appealable decision and eligible person were met in this case. The AER further determined there was no justification for dismissing the regulatory appeal request under section 39(4) of REDA.