The AER denied the request of the FMFN to suspend the hearing process for Prosper’s applications.
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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.
Clyde River (Hamlet) v. Petroleum Geo-Services Inc. (2017 SCC 40)
The SCC allowed the appeal and quashed the NEB’s authorization. The SCC found that while the Crown may rely on the NEB’s process to fulfill its duty to consult, as also found in Thames, in this case, consultation and accommodation efforts were inadequate.
Chippewas of the Thames First Nation v. Enbridge, Pipelines Inc. (2017 SCC 41)
The SCC dismissed the appeal of the FCA Decision, thereby upholding the NEB’s approval of the Line 9 modification project.
Sawyer v. TransCanada Pipeline Limited (2017 FCA 159)
Decision ReportFederal Work and Undertaking - Section 92(1)(a) – NEB Jurisdiction – Prima Facie Test In this decision, the Federal Court of Appeal (“FCA”) considered an appeal by Mr. Sawyer from an NEB decision (the “NEB Decision”). The NEB Decision subject to appeal...
AER Bulletin 2017-12: Implementation of OneStop for Pipelines Licence Applications
AER Bulletin – Pipelines Licence ApplicationsIn an AER bulletin dated June 26, 2017, the AER announced implementation of a new online process for new pipeline construction applications under the Pipeline Act using the “OneStop” platform.The Bulletin stated that new...
Ernst & Young Inc. – Court-appointed Receiver of Spyglass Resources Corp. – Regulatory Appeal Request
The AER found that E&Y was not an “eligible person” under REDA section 36(b)(ii) and therefore not eligible to request a regulatory appeal. The AER therefore dismissed E&Y’s regulatory appeal request.
Ernst & Young Inc. – Court-appointed Receiver of Spyglass Resources Corp. – Regulatory Appeal Request
The AER found that E&Y was not an “eligible person” under REDA section 36(b)(ii) and therefore not eligible to request a regulatory appeal. The AER therefore dismissed E&Y’s regulatory appeal request.
Orphan Well Assn. v Grant Thornton Ltd. (2017 ABCA 124)
The SCC granted the Orphan Well Association and the AER leave to appeal the decision of the ABCA.
Decision Dismissing J. Winchester’s Request for Regulatory Appeal of Petrus Resources Corp. Licences
The AER denied the request for regulatory appeal on the grounds that Mr. Winchester was not an “eligible person” for the purposes of requesting a regulatory appeal under REDA.
AER Bulletin 2017-03: Change to Submission of Emergency Response Plans under Directive 071: Emergency Preparedness and Response Requirements for the Petroleum Industry Feb 02, 2017
In this Bulletin, the AER announced it is changing the process for filing emergency response plans (“ERPs”). Effective February 2, 2017, ERPs are to be submitted electronically, through the AER’s Digital Data Submission (“DDS”) system, rather than by hard...
Bokenfohr v Pembina Pipeline Corp. (2017 ABCA 40)
No extricable issue of law has been identified, and the application for permission to appeal is dismissed.
Goodhart v Alberta Energy Regulator, 2017 ABCA 22
Download ReportApplication for Extension of Time to Appeal – Application Denied – AER Does not Owe Private Duty of Care In Goodhart v Alberta Energy Regulator, the ABCA considered Mr. Goodhart’s application seeking an extension of time to file his appeal of an ABQB...
Reasons for Decision: Enbridge Pipelines Inc. – Line 10 Westover Segment Replacement Project (OH-001-2016)
The NEB concluded that Enbridge’s design and implementation of its Project-specific public and Aboriginal engagement activities were appropriate for the scope and scale of the Project. The NEB found that all Aboriginal groups potentially affected by the Project were provided with sufficient information and opportunities to make their views about the Project known to Enbridge and to the NEB.
Ernst v Alberta Energy Regulator, 2017 SCC 1
The SCC rendered a 4-4-1 split decision. Five of the nine SCC justices agreed that the claim should be struck. The appeal was therefore denied.
Request for Regulatory Stay of Petrus Resources Corp. Licences (AER Appeal No. 1872471 & 1872809)
On December 16, 2016, the AER issued two decisions denying separate requests from John Winchester and Wayne Greene, requesting the AER stay certain licences issued to Petrus Resources Corp. (“Petrus”).
Request for Regulatory Stay of Petrus Resources Corp. Licences (AER Appeal No. 1872471 & 1872809)
On December 16, 2016, the AER issued two decisions denying separate requests from John Winchester and Wayne Greene, requesting the AER stay certain licences issued to Petrus Resources Corp. (“Petrus”).
Request for Regulatory Appeal of NEP Canada ULC Licences (AER No. Appeal 1862322)
Request for Regulatory Appeal of Licences – Regulatory Appeal Request DeniedOn December 7, 2016, the AER issued a decision denying Allen Pukanski’s request for a regulatory appeal of certain well licences issued to NEP Canada ULC (“NEP”).Concerns RaisedMr. Pukanski’s...
Coulas v. Ferus Natural Gas Fuels Inc. (2016 ABCA 332)
In Coulas v. Ferus Natural Gas Fuels Inc., 2016 ABCA 332 (the “ABCA Decision”), the ABCA considered Silvia Coulas’ application for leave to appeal an AER decision (the “AER Decision”). The AER Decision denied Coulas’ application for a regulatory appeal of the liquid natural gas (“LNG”) facility licence the AER issued to Ferus Natural Gas (“Ferus”).
Request for Regulatory Appeal and Stay of Grizzly Resources Ltd. Licences (AER Appeal No. 1865544)
On October 11, 2016, the AER issued a decision granting Mike Richard’s request, pursuant to section 39 of the Responsible Energy Development Act (“REDA”) for a regulatory appeal of certain well and facility licences issued to Grizzly Resources Ltd. (“Grizzly”).
However, the AER denied Mr. Richard’s request for a stay of those licences.
Orphan Well Assn. v Grant Thornton Ltd. (2016 ABCA 238)
The Canadian Association of Petroleum Producers (“CAPP”), the Canadian Association of Insolvency and Restructuring Professionals (“CAIRP”), the Attorney General for Saskatchewan (“Saskatchewan”), Her Majesty the Queen in Right of the Province of British Columbia as represented by the Ministry of Natural Gas Development and the British Columbia (“BC”) Oil and Gas Commission (the “BC Applicants”) (collectively, the “Intervener Applicants”), sought leave from the Alberta Court of Appeal (“ABCA”) to participate as interveners in a Constitutional appeal concerning division of powers and the doctrine of paramountcy.
AER Decision on O’Chiese First Nation Application for Advance Funds – Shell Canada Limited Rocky 7 Pipeline Project
Download ReportPipelines –Advance Funds – O’Chiese First Nation On June 30, 2016, the O’Chiese First Nation (the “OCFN”) filed an application with the AER for $572,650 in advance funds.In its decisions, the AER discussed the purpose of advance funds and the...
Pembina Pipeline Corporation Applications for Two Pipelines Fox Creek to Namao Pipeline Expansion Project (2016 ABAER 004)
Pembina applied for 15 pipeline agreements in the area covered by the forested portion of the province of Alberta, that includes the mountains and foothills along Alberta’s Western boundary (the “Green Area”) for access to a permanent right-of-way (“ROW”). Pembina applied for approval of a conservation and reclamation plan including a construction and post-construction reclamation plan along the settled portion of the route within the province of Alberta, encompassing the populated southern, central and Peace River areas (the “White Area”).
AER Bulletin 2016-07: Updates to Directive 017: Measurement Requirements for Oil and Gas Operations
Bulletin – Directive 017The AER announced that it had released a revised edition of Directive 017: Measurement Requirements for Oil and Gas Operations (“Directive 17”), replacing the current edition effective March 31, 2016. The AER noted that the updated Directive 17...
AER Bulletin 2016-05: First 2016/17 Orphan Fund Levy
The AER announced that, in accordance with Part 11 of the Oil and Gas Conservation Act, the AER will prescribe an orphan fund levy in the amount of $15 million.
Hamlet of Clyde River Inc., et al. v. Petroleum Geo-Services Inc., et al. (2016 CanLII 12154)
The Supreme Court of Canada granted leave to appeal.
Chippewas of the Thames First Nation v Enbridge Pipelines Inc. et al. (2016 CanLII 12151)
The Supreme Court of Canada granted leave to appeal with costs to the Chippewas of the Thames First Nation in respect of the decision of the Federal Court of Appeal in Chippewas of the Thames First Nation v Enbridge Pipelines Inc., (2015 FCA 222).
AER Bulletin 2016-03: Invitation for Feedback on Amendments to Directive 013: Suspension Requirements for Wells
Download ReportDirective 013 – Well Suspension – Well Integrity The AER announced that it was inviting stakeholder feedback on changes to Directive 013: Suspension Requirements for Wells (“Directive 13”), which ensures the long-term integrity of a well, and mitigates...
AER Bulletin 2016-02: Direction for Conservation and Reclamation Submissions Under an EPEA Approval for Enhanced Recovery In Situ Oil Sands and Heavy Oil Processing Plants and Oil Production Sites
Download ReportSpecified Enactment Direction – EPEA Approvals The AER announced that it had issued Specified Enactment Direction 001: Direction for Conservation and Reclamation Submissions Under an Environmental Protection and Enhancement Act Approval for Enhanced...
Enbridge Line 10 Westover Segment Replacement (NEB Hearing Order OH-001-2016)
The NEB released a hearing order for Enbridge’s application to replace the Westover Segment of its line 10 pipeline, which consists of replacing 32 kilometers of existing 12 inch diameter pipeline with approximately 35 kilometers of new 20 inch diameter pipeline from Enbridge’s Westover Terminal to its Nanticoke Junction facility in Hamilton, Ontario.
AER Bulletin 2016-01: Release of the Integrated Compliance Assurance Framework and Manual 013: Compliance and Enforcement Program; Rescission of Directive 019: Compliance Assurance
The AER released Bulletin 2016-01 announcing the harmonization of the AER’s new compliance assurance requirements under “energy resource enactments” and “specified enactments” under the Responsible Energy Development Act.
Board Directions – Energy East Pipeline Ltd. Application for the Energy East Project and Asset Transfer – Status of the Application
Download ReportRefiling –Facilities Application The NEB sent a letter to Energy East Pipeline Ltd. (“Energy East”) on February 3, 2016 regarding the status of the application for the Energy East Pipeline.In the letter, the NEB noted that the application was initially...
O’Chiese First Nation v Alberta Energy Regulator (2015 ABCA 348)
In the result, McDonald J.A. held that the O’Chiese First Nation had not raised a “serious arguable point” in the matter, as it had failed to adduce any evidence before the AER on the matter, and accordingly dismissed both applications.
Amendments to Directive 060: Upstream Petroleum Industry Flaring Incinerating, and Venting (Bulletin 2015-30)
The AER announced changes to Directive 060: Upstream Petroleum Industry Flaring, Incinerating, and Venting (“Directive 060”), which came into effect on October 5, 2015.
Lynne M. Quarmby, et al. v Attorney General of Canada, et al. (SCC Case Number 36353)
Download ReportLeave to Appeal - Dismissed On January 23, 2015, the Federal Court of Appeal dismissed leave to appeal the NEB Ruling #34 in the Trans-Mountain Expansion Project in Hearing OH-001-2014 (Number 14-A-62) (the “FCA Decision”).Ruling #34 denied a motion...
Decision to Issue a Declaration Naming an Individual Pursuant to Section 106 of the Oil and Gas Conservation Act (2015 ABAER 005)
Download ReportNaming Declaration – Compliance Assurance In January 2015, the liability management (“LM”) staff at the AER provided a recommendation for the AER to issue a declaration naming an individual pursuant to section 106 of the Oil and Gas Conservation Act...
Second 2015 Orphan Fund Levy (Bulletin 2015-24)
The AER announced the collection of the second orphan levy of $15 million to fully fund the Orphan Well Association’s approved budget of $30 million.
NEB postpones Trans Mountain Expansion Oral Hearings
The NEB announced that it was postponing the oral portion of Hearing Order OH-001-2014 for the Trans Mountain Expansion Project (the “Project”), and that it was further taking the step of striking from the record all evidence prepared by or under the direction of Mr. Steven J. Kelly of IHS Global Canada Limited in Hearing Order OH-001-2014.
Issuance of Subsurface Order No. 1A Regarding the Montney-Lower Doig (Bulletin 2015-23)
Download ReportBulletin - Subsurface Order The AER has issued Subsurface Order No. 1A, and rescinded the original Subsurface Order No. 1 regarding the Montney-Lower Doig. The new order expands the area set out in Subsurface Order No. 1, which was previously announced...
Pembina Pipeline Corporation Prehearing Meeting Applications for Two Pipelines Fox Creek to Namao (2015 ABAER 002)
Download ReportHearing Adjournment – Hearing ParticipationThe AER held a prehearing meeting in respect of two pipeline project proposals by Pembina Pipeline Corporation (“Pembina”), which would extend approximately 270 kilometres from Fox Creek, Alberta to Namao,...
Ongoing Regulatory Document Review: Rescission of Directive 048 and Informational Letter 94-02 (Bulletin 2015-18)
Download ReportBulletin – Directive 048 The AER announced that effective immediately, the following regulatory documents are rescinded:(a) IL 94-02: Injection and Disposal Wells (“IL 94-02”); and(b) Directive 048: Monthly Custom Treating Plant Statement (“Directive...
Revised Addendum to Directive 036: Alternative Pressure Testing Method (Bulletin 2015-16)
Download ReportBulletin – Directive 036 The AER announced updates to the requirements related to testing of drilling equipment under Directive 036: Drilling Blowout Prevention Requirements and Procedures (“Directive 36”). Updates included changes to section 7, and the...
Jessica Ernst v Alberta Energy Regulator (2015 CanLII 23001)
Download ReportLeave to Appeal The Supreme Court of Canada (“SCC”) granted Jessica Ernst leave to appeal the judgment of the Alberta Court of Appeal (“ABCA”) in Ernst v Alberta (Energy Resources Conservation Board), 2014 ABCA 285. In the decision on which the SCC has...
Licensee Liability Rating (LLR) Program Changes – Phase 3 (Bulletin 2015-13)
Download ReportBulletin – Licensee Liability Rating The AER announced, in accordance with its previous Bulletin 2013-09, that it is implementing the third, and final, phase of changes to the Licensee Liability Rating (LLR) program (the “LLR Program”). The LLR Program...
Bulletin 2015-05: Oil and Gas Conservation Rules Change Introducing Subsurface Orders
Download ReportBulletin – Subsurface Orders – Oil and Gas Conservation Rules The AER announced an amendment to the Oil and Gas Conservation Rules (“OGCR”), which now allow for the AER to make subsurface orders. The nature of such new orders is set out in the newly...
Bulletin 2015-06: Issuance of Subsurface Order No. 1 Regarding the Montney-Lower Doig
Download ReportBulletin – Subsurface Order Pursuant to changes to the Oil and Gas Conservation Rules announced in AER Bulletin 2015-05, the AER released Subsurface Order No. 1 effective March 1, 2015 for the Montney-Lower Doig zone (the “SO1”).Subsurface Order No. 1...
Bulletin 2015-03: Observed Seismicity and Oil and Gas Operations: Operators’ Responsibilities
Download ReportBulletin – Seismicity – Licensee Responsibilities On February 3, 2015, the AER released Bulletin 2015-03 confirming a seismic event that took place on January 22, 2015 in the vicinity of Fox Creek, Alberta. The seismic event, measuring 4.4 on the...
Trans Mountain Pipeline ULC on behalf of Trans Mountain Pipeline L.P. (Reasons for Decision RHW-001-2013)
The NEB ordered Trans Mountain to file a revised Tariff and Officer’s Certificate for approval by February 27, 2015.