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Brine-Hosted Mineral Resource Development Rules and Directive 090, AER Bulletin 2023-06

Link to Bulletin Summarized

Oil and Gas – Energy Development

The AER released Directive 090: Brine-Hosted Mineral Resource Development (“Directive 090”) to complete the regulatory framework for brine-hosted mineral resource development. Directive 090 will come into effect once the Brine-Hosted Mineral Resource Development Rules (“BMR”) are in effect. The BMR and Directive 090 set out the requirements that must be followed throughout the life cycle of a brine-hosted mineral resource development. The BMR and Directive 090 introduce processes and requirements unique to developing brine-hosted mineral resources while incorporating applicable oil and gas regulatory instruments.

Other changes to the regulatory framework for brine-hosted mineral resource development that will come into effect with the BMR include:

  • Directive 056: Energy Development Applications and Schedules has been updated to include well, facility, and pipeline licensing requirements for brine-hosted mineral resource development.

  • In the Oil and Gas Conservation Rules (“OGCR”), the definition of oilfield waste has been updated to include waste from mineral resource development. Also, new provisions have been added to the OGCR and the Geothermal Resource Development Rules that require an application for amendment when a licensee intends to convert a well licensed under the Oil and Gas Conservation Act or Geothermal Resource Development Act to a mineral resource well.

As of March 16, 2023, another version of Directive 056 will be available for OneStop application submission requirements for geothermal and brine-hosted mineral resources and a revised edition of Manual 012: Energy Development Applications will be released.

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