AER Regulatory Appeal
In this decision, the AER considered a request for regulatory appeal by Robert A. Shields raising concerns about crop contamination due to planting of seed that did not conform to the remainder of the field and issuance of the reclamation certificate. The AER granted the request for regulatory appeal.
In its letter dated October 29, 2019, the AER’s Reclamation Programs Group advised that by operation of sections 91(1)(i) of the Environmental Protection and Enhancement Act (“EPEA”) and section 36 of the Responsible Energy Development Act (“REDA”), the tests for appealable decision and eligible person appeared to have been met. Further, the AER determined there was no justification for dismissing the regulatory appeal request at this stage under section 39(4) of the REDA.
In short, EPEA grants the owner of lands who is in receipt of a copy of a reclamation certificate in respect of the owner’s lands an automatic right of regulatory appeal, barring extraordinary and obvious circumstances militating against that right. The AER found that no such circumstances existed in this case.
