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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.

Enforcement Staff of the Alberta Utilities Commission Phase 2 Enforcement Proceeding with Salt Box Water Coulee Water Supply Company Ltd. – Denial of Negotiated Settlement Agreement Application, AUC Decision 28021-D02-2024

Link to Decision Summarized Water – Financial Statements Application In Decision 28201-D01-2023, the Alberta Utilities Commission (“AUC”) determined that Salt Box Coulee Water Supply Company Ltd. (“Salt Box”) committed two contraventions:  failing to file audited...

TransAlta Corporation v Alberta Energy Regulator, 2023 ABCA 172

Link to Decision Summarized Oil/Gas - Water – Permission to Appeal Application TransAlta Corporation (“TransAlta”) brought three applications for permission to appeal decisions of the Alberta Energy Regulator (“AER”). Decision The two applications for permission to...

Water (Ministerial) Regulation Amendment, AER Bulletin 2023-24

Link to Bulletin Summarized Storm Water - Licenses On April 28, 2023, Alberta Environment and Protected Areas (“AEPA”) announced an amendment to the Water (Ministerial) Regulation. Under specified conditions, stormwater diversions of less than 6250 cubic meters per...

Applying for Temporary Diversion Licences, AER Bulletin 2022-08

Link to Decision SummarizedWater Act - Application SystemAs of March 30, 2022, Alberta Environment and Parks (“AEP”) no longer uses the Water Act Temporary Diversion Licence Electronic Review System (“WATERS”) to receive temporary diversion licence (“TDL”)...

Salt Box Coulee Water Supply Company Ltd. – 2020 Final Rates, AUC Decision 24295-D02-2020

This decision set the rates for Salt Box Coulee Water Supply Company Ltd. (“Salt Box”) for water services to its customers. The AUC finalized the interim rates previously set in October 2017, with interim rates for customers remaining unchanged until July 31, 2020. Effective August 1, 2020, the AUC approved final rates for Salt Box’s distribution and co-operative customers. The increase was required to provide sufficient operating funds to ensure safe and adequate service at just and reasonable rates. In considering future changes to rates by Salt Box, the AUC will require audited financial statements as directed in prior rulings and this decision.

Coaldale (Town) v Britz, (2018 ABCA 392)

The ABCA found that the appeal was not sufficiently meritorious under either the reasonableness or correctness standard to justify granting permission to appeal. For the purpose of this application, the ABCA determined that it was not necessary to determine which standard of review would be applied, should permission to appeal be granted.

Macdonald Communities Limited v Alberta (Utilities Commission) (2018 ABCA 317)

This Alberta Court of Appeal (“ABCA”) decision considered Macdonald Communities Limited’s (“MCL”) application for permission to appeal the AUC’s findings in AUC Decision 21340-D01-2017, and affirmed in Decision 23203-D01-2018, that the AUC did not have jurisdiction to regulate privately owned wastewater utilities. The ABCA granted MCL permission to appeal, finding that MCL raised a serious arguable question regarding the AUC’s jurisdiction to regulate privately owned wastewater utilities.

Town of Coaldale Appeal Pursuant to Section 43 of the Municipal Government Act (AUC Decision 23159-D01-2018)

In this decision, the AUC considered an appeal by Ms. Eleanor Britz, Ms. Nadine Britz, and Mr. Doug Shields (the “Complainants”) pursuant to sections 43(2)(a), (b), and (c) of the Municipal Government Act (“MGA”) regarding certain water, drainage, sewer, and waste management service charges imposed by the Town of Coaldale (“Coaldale”).

For the reasons summarized below, the AUC found that the water, drainage and sewer service charges disputed in this appeal did not conform to the public utility rate structure established by Coaldale.

The AUC found that the grounds of appeal in relation to waste management service charges were not established and dismissed this part of the appeal.

Horse Creek Water Services Inc. – General Rate Application (AUC Decision 21340-D01-2017)

In Decision 21340-D01-2017, the AUC considered Horse Creek Water Services Inc.’s (“HCWS”) general rate application requesting approval of its proposed water rates for 2017 and 2018.

Based on the AUC’s determinations regarding operating, maintenance and administration (“OM&A”) expenses, depreciation, and return on owner-invested capital, the AUC directed HCWS to maintain its current rates, effective as of November 1, 2017.

The AUC further directed that HCWS’ interim rates approved in Decision 20663-D01-2015 be deemed as final.