Link to Bulletin SummarizedOil and Gas - FacilitiesUnder the Government of Alberta’s new Liability Management Framework, the AER has implemented an Inventory Reduction Program (described in Directive 088: Licensee Life-Cycle Management), which involves setting...
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These articles by our expert team cover the details of various decisions made by the Alberta Energy Regulator (AER), Alberta Utilities Commision (AUC), and Canada Energy Regulator (CER). Browse our searchable archive below to learn more about the results we’ve achieved for our clients.
Invitation for Feedback on Revisions to Draft Directive 023, AER Bulletin 2022-22
Link to Bulletin SummarizedOil and GasThe AER announced that it is seeking feedback on the proposed updates to Directive 023: Oil Sands Project Applications. In the changes to the draft, the AER:removed duplicate requirements in other directives (e.g., Directive 085:...
AltaGas LPG General Partner Inc., on Behalf of AltaGas LPG Limited Partnership Application for a Licence to Export Butane, CER Letter Decision A8E7K4
Link to Decision SummarizedOil and GasApplicationIn this decision, the CER issued a 25-year licence to export butane to AltaGas LPG Limited Partnership (“AltaGas”) pursuant to s. 344 of the Canadian Energy Regulator Act (“CER Act”).DecisionThe CER recognized that not...
CNOOC Petroleum North America ULC Long Lake Industrial System Designation Amendment, AUC Decision 27279-D01-2022
Link to Decision SummarizedFacilities - Industrial System DesignationApplicationChina National Offshore Oil Corporation (“CNOOC”) Petroleum North America ULC (“CPNA”) and CNOOC Canada Energy Ltd. hold Order 25113-D02-2020,1 designating the Long Lake Project Industrial...
Whitecap Resources Inc. Regulatory Appeal of Reclamation Certificate 382273, 2022 ABAER 002
Link to Decision SummarizedOil and Gas - FacilitiesApplicationOn July 18, 2019, the AER approved a reclamation certificate application from Whitecap Resources Inc. (“Whitecap”). Reclamation Certificate 382273 (the “Reclamation Certificate”) was consequently issued....
Manual 005: Pipeline Inspections New Edition, AER Bulletin 2022-21
Link to Bulletin SummarizedOil and Gas - RulesWith this bulletin, the AER announced the release of a new edition of AER Manual 005: Pipeline Inspections.In the new edition of Manual 005, the AER:(a) added non-compliance statements to reflect...
New Functionality Moving to OneStop, AER Bulletin 2022-20
Link to Bulletin SummarizedOil and Gas - LandThe AER announced that as of June 16, 2022, the OneStop platform would include new functionality and enhancements.Public Lands Act WaiversEffective June 16, 2022, disposition holders must submit Public Lands Act (“PLA”)...
Directive 050 Correction, AER Bulletin 2022-19
Link to Bulletin SummarizedOil and Gas - RulesOn June 1, 2022, the AER released a corrected edition of Directive 050: Drilling Waste Management. The correction restores requirements that the AER inadvertently removed from the edition released on March 28, 2022. The...
Invitation for Feedback on Revisions to Directive 065, AER Bulletin 2022-018
Link to Bulletin SummarizedOil and Gas - LawThe AER issued Bulletin 2022-018 seeking feedback on the proposed updates to Directive 065: Applications for Oil and Gas Reservoirs. Directive 065.The proposed changes aim to clarify the application requirements for CO2...
Fort McMurray Métis Local Council 1935 v Alberta Energy Regulator and Canadian Natural Resources Ltd., 2022 ABCA 179
Link to Decision SummarizedOil and Gas - Regulatory AppealIn this decision, the Alberta Court of Appeal (“ABCA”) approved the application from Fort McMurray Métis Local Council 1935 (“Fort McMurray Métis”) who sought permission to appeal a decision by the AER that...
Monitoring for Snowmelt and Overland Flooding, AER Bulletin 2022-16
Link to Bulletin SummarizedFlood Awareness - Risk MitigationOn April 27, 2022, the AER issued Bulletin 2022-16, stating that the Rocky Mountain snowmelt occurs each year between April and June, which, combined with rainfall from large weather systems that occurs in...
New Edition of Directive 020, AER Bulletin 2022-14
Link to Bulletin Summarized Regulatory Requirements - Well Abandonment On April 25, 2022, the AER released a new edition of Directive 020: Well Abandonment. Regulatory requirements unique to this directive have been numbered. The following sections were clarified:...
Orphan Fund Levy for Large Facilities, AER Bulletin 2022-11
Link to Bulletin SummarizedOil and Gas - Orphan WellsIn accordance with Part 11 of the Oil and Gas Conservation Act and Directive 024: Large Facility Liability Management Program (LFP), the AER is prescribing an LFP orphan fund levy of $6 million for the 2022/23...
Orphan Fund Levy – Licensee Liability Rating and Oilfield Waste Liability Programs, AER Bulletin 2022-10
Link to Bulletin SummarizedOil and Gas - Orphan WellsIn accordance with Part 11 of the Oil and Gas Conservation Act, the AER prescribed an orphan fund levy of $72 million to fund the operating budget of the Orphan Well Association (“OWA”) for 2022/23. The orphan fund...
AER Administration Fees (Industry Levy), AER Bulletin 2022-09
Link to Bulletin SummarizedFacilities - New Fee MethodologyOn April 11, 2022, the AER announced the first set of administration fees calculated under the new methodology authorized by the Government of Alberta (“GoA”) in 2019. Under this new methodology, the levy...
ATCO Gas and Pipelines Ltd. Franchise Agreement Renewal with the Town of Irricana, AUC Decision 27251-D01-2022
Link to Decision SummarizedFranchise Fee - ContinuationIn this decision, the AUC approved the application from ATCO Gas and Pipelines (“AGP”) for approval of a natural gas franchise agreement with the Town of Irricana (“Irricana”). The franchise agreement will be in...
New Editions of Directives 055 and 058 and Rescinded Documents, AER Bulletin 2022-07
Link to Bulletin SummarizedWater Storage - Regulatory EfficiencyOn March 28, 2022, the AER released new editions of Directive 055: Storage Requirements for the Upstream Petroleum Industry and Directive 058: Oilfield Waste Management Requirements for the Upstream...
New Edition of Directive 050, AER Bulletin 2022-06
Link to Bulletin SummarizedDrilling Waste - Regulatory EfficiencyOn March 28, 2022, the AER released a new edition of Directive 050: Drilling Waste Management. To contribute to the Government of Alberta’s Red Tape Reduction Act, the AER streamlined the directive to...
NOVA Gas Transmission Ltd. for Firm Transmission Linked North Montney Service (FT-L (NM)) – CER Reasons for Decision RH-001-2021
Link to Decision SummarizedJust and Reasonable Rates - Economic EfficiencyIn this decision, the CER considered an application filed by NOVA Gas Transmission Ltd. (“NGTL”) for approval of a new service and related matters. The CER issued its decision on January 19,...
New Edition of Directive 017, AER Bulletin 2022-05
Link to Bulletin SummarizedOil Sands - Well TestingOn March 17, 2022, the AER released a new edition of Directive 017: Measurement Requirements for Oil and Gas Operations.S. 12.3.9 contains well testing requirements for thermal in situ oil sands operations. These...
Foothills Pipe Lines (South BC) Ltd. Application for the Foothills Zone 8 West Path Delivery 2023 Project, CER Letter Decision C17973 – A8C3E6
Link to Decision SummarizedLeave to Open - ExemptionIn this decision, the CER approved an application by Foothills Pipe Lines (South BC) Ltd. (“Foothills”) for an exemption from the provisions of ss. 180(1)(a) and 198 of the Canadian Energy Regulator Act (“CER Act”)...
New Functionality Moving to OneStop, AER Bulletin 2022-02
Link to Bulletin SummarizedEnterprise SubmissionsOn March 3, 2022, the AER released new functionality and updates for the OneStop platform. The AER added three submission types related to Enterprise Submissions to the platform. Industry submitters are now required to...
Issuance of Amended Subsurface Orders 1C, 3B, 4A, and 5A, AER Bulletin 2022-03
Link to Bulletin SummarizedOil and Gas - WellsOn February 28, 2022, the AER amended subsurface orders 1B, 3A, 4, and 5 to align with changes to its regulatory framework for oil and gas well testing (Bulletin 2021-34), coalbed methane control well requirements...
NOVA Gas Transmission Ltd. Application for Firm Transportation – Linked North Montney Service, CER Proceeding RH-001-2021
Link to Decision SummarizedTolls - RatesIn this decision the CER provided its decision regarding some of the requests contained in an application by NOVA Gas Transmission Ltd. (“NGTL”) related to its proposed Firm Transportation – Linked North Montney (“FT-L (NM)”)...
ATCO Pipelines, a Division of ATCO Updated Placeholder for Acquisition of the Pioneer Pipeline in Compliance With Decision 25937-D01-2021 and Decision 26443-D01-2021, AUC Decision 27053-D01-2022
Link to Decision SummarizedPipeline Acquisition - Placeholder TreatmentIn this decision, the AUC approved the application from ATCO Pipelines, a division of ATCO Gas and Pipelines (“AGP”), to revise the zero-dollar placeholder approved in Decision 25663-D01-2021...
NOVA Gas Transmission Ltd. Applications Regarding Pioneer South Pipeline Acquisition Decision and Orders, CER Letter Decision and Orders MO-041-2021 and XG-015-2021
Link to DecisionFacilitiesIn this decision, the CER considered two applications filed concurrently for the Pioneer South Pipeline acquisition. The first was an application filed under paragraph 181(1)(b) and Section 226 of the Canadian Energy Regulator Act (the “CER...
ATCO Gas and Pipelines Ltd. 2022 Annual Performance-Based Regulation Rate Adjustment, AUC Decision 26847-D01-2021
Link to Decision SummarizedRates - Performance-Based RegulationIn this decision, the AUC considered the 2022 annual performance-based regulation (“PBR”) rate adjustment filing from ATCO Gas and Pipelines Ltd. (“AGP”). The AUC approved AGP’s 2019 and 2020 interim rates...
ATCO Gas, a Division of ATCO Gas and Pipelines Ltd. 2022 Transmission Service Charge (Rider T), AUC Decision 26952-D01-2021
Link to Decision SummarizedRates - GasIn this decision, the AUC approved the 2022 transmission service charge rider (Rider T) rates for ATCO Gas, a division of ATCO Gas and Pipelines.BackgroundATCO Gas flows the rates charged by the transmission service provider, NOVA...
ATCO Gas and Pipelines Ltd. Gleichen Branch Transmission Pipeline Loop Installation, AUC Decision 26938-D01-2021
Link to Decision SummarizedFacilities - GasIn this decision, the AUC approved the application from ATCO Gas and Pipelines Ltd. (“ATCO”) to construct approximately 2.68 kilometers of new 88.9-millimeter outside-diameter, high-pressure sweet natural gas pipeline to loop...
Invitation for Feedback on Revisions to Directive 050, AER Bulletin 2021-044
Link to Bulletin SummarizedApplications - Regulatory EfficiencyThe AER sought feedback on updates to Directive 050: Drilling Waste Management. The proposed changes reduce the regulatory burden throughout the life cycle of drilling waste management without compromising...
Request for Regulatory Appeal by Fort McMurray Métis Local Council 1935, AER Request for Regulatory Appeal No. 1932350
Link to Decision SummarizedRequlatory Appeal - ConsultationIn this decision, the AER considered the request from the Fort McMurray Métis Local Council 1935 (“McMurray Métis”) for a regulatory appeal of the decision to issue the Horizon South Lease 24 (“Horizon South”)...
New Expedited Decisions Manual, AER Bulletin 2021-43
Link to Bulletin SummarizedExpedited Decision ProcessSince 2013, Public Lands Act applications administered by the AER were eligible for expedited decisions under the Alberta Energy Regulator Rules of Practice. As a result, the manual was managed by Alberta...
New Contamination Management Manual, AER Bulletin 2021-42
Link to Bulletin SummarizedOil and GasIn Bulletin 2021-42, the Alberta Energy Regulator (“AER”) announced Manual 021: Contamination Management. The purpose of this manual is to assist the industry in understanding the regulatory requirements and expectations for...
ATCO Pipelines Decision on Preliminary Question Application for Review of Decision 26443-D01-2021 2021-2023 General Rate Application Compliance Filing, AUC Decision 26719-D01-2021
Link to Decision SummarizedR&V - RatesIn this decision, the Alberta Utilities Commission (“AUC”) denied an application by ATCO Pipelines, a division of ATCO Gas and Pipelines Ltd. (“ATCO Pipelines”), to review and vary Decision 26443-D01-2021 for the utility’s...
Trans Mountain Pipeline ULC Trans Mountain Expansion Project Notice of Motion and Constitutional Question, CER Letter Decision and Orders AO-001-MO-002-2021 and MO-031-2021
Link to Decision SummarizedTMEP - Municipal BylawsIn this decision, the Canada Energy Regulator (“CER”) considered an application filed by Trans Mountain Pipeline ULC (“Trans Mountain”) regarding the application of Bylaws of the City of Burnaby (“Burnaby”) regarding...
New Functionality Moving to One Stop, AER Bulletin 2021-40 and Bulletin 2021-41
Link to Bulletin Summarized 1Link to Bulletin Summarized 2 Public Lands – Aggregate Management PlansThe Alberta Energy Regulator (“AER”) announced that the OneStop Platform will receive new functionalities. Details on enhancements and fixes will be available with...
New Statement of Concern Form, AER Bulletin 2021-38
Link to Bulletin SummarizedSubmission ProcessOn September 28, 2021, the AER released a new statement of concern (“SOC”) form. The SOC form was updated to make the submission process more user-friendly and to facilitate a better understanding of concerns of SOC filers...
ATCO Gas and Pipelines Ltd. 2021 Unaccounted-for Gas Rider D and Rider P, AUC Decision 26776-D01-2021
Link to Decision SummarizedGas - RatesIn this decision, the AUC approved the application from ATCO Gas North, a division of ATCO Gas and Pipelines (“ATCO”), to update the unaccounted-for gas (“UFG”) Rider D and Rider P rates of 1.176 and 1.162 per cent,...
Reconsideration of Northwestern Utilities Ltd. As Licensee of Record of Certain Wells Previously Held by the Lloydminster Development Company, AER Application 1934332
Link to Decision SummarizedResponsibility for WellsIn this decision, the AER determined it is appropriate to reconsider, without a hearing, its 1985 decision to transfer responsibility for certain wells previously licensed to the Lloydminster Development Company...
ATCO Gas and Pipelines Ltd. North Edmonton Loop Pipeline Project, AUC Decision 26811-D01-2021
Link to Decision SummarizedGas - PipelinesIn this decision, the AUC approved the application from ATCO Gas and Pipelines Ltd. (“ATCO”) for an amendment to perform a line split, removal and resumption of segments of discontinued pipelines and to install two new...
Pembina Pipeline Corporation Application for an Order Permitting the Sharing of Records Not Available to the Public Between Pembina Pipeline Corporation and URICA Ltd., AUC Decision 26810-D01-2021
Link to Decision SummarizedMarket Oversight and Enforcement - FEOCIn this decision, the AUC granted the application from Pembina Pipeline Corporation (“Pembina”) for an order to permit the sharing of records pertaining to the electricity and ancillary services markets...
Enbridge Pipelines Inc. Application for an Order Permitting Sharing Records Not Available to Public Between Enbridge Pipelines Inc., Tidal Energy Marketing Inc. and URICA, AUC Decision 26819-D01-2021
Link to Decision SummarizedMarket Oversight and Enforcement - FEOCIn this decision, the AUC granted the application from Enbridge Pipelines Inc. (“Enbridge”) for an order to permit the sharing of records pertaining to the electricity and ancillary services markets...
Stress Corrosion Cracking on Insulated High-Temperature Pipelines, AER Bulletin 2021-36
Link to Bulletin SummarizedOil and Gas - Pipeline InspectionsThe AER observed numerous pipeline incidents over the past five years resulting from stress corrosion cracking. The incidents involved high-temperature carbon steel surface pipelines that had mineral wool...
Apex Utilities Inc. 2021-2022 Unaccounted-for Gas Rider E and Rider H, AUC Decision 26740-D01-2021
Link to Decision SummarizedGas - RatesIn this decision, the AUC approved Rate Rider E of 0.97 per cent and Rate Rider H of 0.98 per cent, as filed by Apex Utilities Inc. (“AUI”).BackgroundRider E and Rider H are designed to recover the amounts associated with...
Edition of Directive 040, AER Bulletin 2021-34
Link to Bulletin SummarizedOIl and Gas - WellsThe AER released a new edition of Directive 040: Pressure and Deliverability Testing Oil and Gas Wells. In the new edition:guidance for minifrac tests, also known as diagnostic fracture injection test, has been updated to...
Request for Regulatory Appeal by Clint and Ray Jacula Regarding Licences Issued to Husky Oil Operations Ltd., AER Application 1929563
Link to Decision SummarizedAppeal - Responsible Energy Development ActIn this decision, the AER denied a request under Section 38 of the Responsible Energy Development Act (“REDA”) for a regulatory appeal (the “Request”), filed by Clint and Ray Jacula (the “Jaculas”),...
Pembina NGL Corporation Application for an Order Permitting the Sharing of Records Not Available to the Public Between Pembina NGL Corporation and TransCanada Energy Ltd., AUC Decision 26715-D01-2021
Link to Decision SummarizedFair, Efficient and Open Competition Regulation - Sharing of RecordsIn this decision, the AUC granted the application from Pembina NGL Corporation (“Pembina”) for an order to permit the sharing of records pertaining to the electricity and...
Utility Payment Deferral Program: Rate Rider – Natural Gas, AUC Decision 26699-D01-2021
Link to Decision SummarizedUtility Payment Deferral Program - RatesIn this decision, the AUC approved a Utility Payment Deferral Program (“UPDP”) - Natural Gas rate rider that will be collected from customers by ATCO Gas and Pipelines (“ATCO”) and Apex Utilities...
Syncrude Canada Ltd. Application for an Order Permitting the Sharing of Records Not Available to the Public Between Syncrude Canada Ltd. and Suncor Energy Operating Inc., AUC Decision 26584-D01-2021
Link to Decision SummarizedFEOC - Sharing of RecordsIn this decision, the AUC approved the application from Syncrude Canada Ltd. (“Syncrude”) for the preferential sharing of records that are not applicable to the public between Syncrude and Suncor Energy (Syncrude)...
Revised Continuous Emission Monitoring System Code, AER Bulletin 2021-33
Link to Bulletin SummarizedEmissions - UpdatesThe Continuous Emission Monitoring System (“CEMS”) Code was updated by Alberta Environment and Parks (“AEP”) in 2021 and will take effect on January 1, 2022.“Authorizations to deviate” granted under the predecessor, the...