Link to Decision SummarizedWater - LawApplicationCorix Utilities (Foothills Water) Inc. (“Corix Foothills”) owns and operates a water utility located at Heritage Pointe, Alberta. Corix Foothills is a wholly owned subsidiary of Corix Utilities Inc. (“CUI”), which is a...
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.
City of Lloydminster Water Supply Agreement with Alberta Central East Water Corporation, AUC Decision 27755-D01-2023
Link to Decision SummarizedWater - RatesApplicationThe City of Lloydminster (“Lloydminster”) filed an application requesting approval of a water service agreement it entered into with Alberta Central East Water Corporation (“ACE”). Lloydminster and ACE intended for...
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”)...
Sage Water Services Corp. 2020-2023 General Rate Application, AUC Decision 24695-D01-2021
Link to Decision SummarizedRates – GRAIn this decision, the Alberta Utilities Commission (“AUC”) considered the general rate application (“GRA”) filed by Sage Water Services Corp. (“Sage Water”), requesting the establishment of final water rates until March 31,...
AMAR Developments Ltd. Decision on Preliminary Question Application for Review of Decision 25519-D02-2021 Final Water Rates for Cambridge Park Estates, AUC Decision 26429-D01-2021
Link to Decision SummarizedReview and Variance - Preliminary Question In this decision, the AUC allowed the application filed by AMAR Developments Ltd. ("AMAR") requesting a review and variance of specific findings in AUC Decision 25591-D02-2021 (the "Decision"). On a...
AMAR Developments Ltd. Final Water Rates for Cambridge Park Estates, AUC Decision 25519-D02-2021
Link to Decision SummarizedRates - Water Rates In this decision, the AUC considered the complaint by the Cambridge Park Phase 1 and 2 Home Owners Association (“HOA”) against AMAR Developments Ltd. (“AMAR”) and the related application by AMAR for approval of the...
Salt Box Coulee Water Supply Company Ltd. Decision on Preliminary Question Application for Review and Variance of Decision 24295-D02-2020 2020 Final Rates, AUC Decision 25842-D01-2021
Link to Decision SummarizedRates In this decision, the AUC denied the application by Salt Box Coulee Water Supply Company Ltd. (“Salt Box”) for review and variance of findings in AUC Decision 24295-D02-2020 (the “Decision”). The Review Panel upheld the Decision on all...
Sage Water Services Corp. Decision on Preliminary Question Application for Review of Decision 24797-D01-2020 Interim Water Rates, AUC Decision 26169-D01-2021
Link to Decision SummarizedError of Fact In this decision, the AUC denied the application by Sage Water Services Corp. (“Sage Water”) for review and variance of findings in AUC Decision 24797-D01-2020 (the “Decision”). Sage Water had not met the requirements for a...
Sage Water Services Interim Water Rates, AUC Decision 24797-D01-2020
Link to Decision SummarizedRetroactive Ratemaking - Exception In this decision, the AUC approved the existing water services rates of Sage Water Services Corp. (“Sage Water”), as interim rates, effective November 19, 2020.Introduction and BackgroundOn June 28, 2019,...
City of Calgary Water Supply Agreement with Foothills County, AUC Decision 25911-D01-2020
Link to Decision SummarizedRates - Water Services In this decision, the AUC approved the application from the City of Calgary (“Calgary”) for a water supply agreement between it and Foothills County (“Foothills”) for at least five years according to section 30(1) of...
Town of Canmore Water and Wastewater Service Agreement with the Municipal District of Bighorn for the Hamlet of Dead Man’s Flat, AUC Decision 25890-D01-2020
Link to Decision SummarizedRates - Water Services In this decision, the AUC approved the application from the Town of Canmore (“Canmore”) for approval of a potable water and wastewater service agreement between Canmore and the Municipal District of Bighorn...
Rocky View County Water Franchise Agreement with Calalta Waterworks Ltd., AUC Decision 25652-D01-2020
Link to Decision SummarizedWater Franchise Agreement In this decision, the AUC considered an application made pursuant to section 45 of the Municipal Government Act by Rocky View County (“Rocky View”) for approval of a water franchise agreement (“Agreement”) with...
Blazer Water System Ltd. True-Up of 2019 Interim and Final Rates, AUC Decision 25344-D01-2020
Link to Decision SummarizedRates - Water - True-Up of Interim and Final Rates In this decision the AUC considered an application from Blazer Water Systems Ltd. (“Blazer”) concerning the true-up of interim and final rates for the period January 1, 2019, to October 31,...
AMAR Developments Ltd. Interim Water Rates, AUC Decision 25519-D01-2020
Link to Decision SummarizedRates - Interim Water Rates The AUC initiated this proceeding on May 13, 2020, based on an initial complaint from the Cambridge Park Home Owner’s Association (“HOA”), regarding a water rate increase that was put into place by AMAR...
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.
Mr. Teik Tan Appeal on Village of Wabamun Water Rates for 2014-2019, AUC Decision 24994-D01-2020
In this decision, the AUC considered whether the Village of Wabamun (“Wabamun”)’s water rates were discriminatory because Mr. Tan’s apartment was placed in a rate class with a higher rate as opposed to other rate classes that had similar characteristics and offered a lower rate. The AUC found that the rate charged to Mr. Teik Tan’s apartment was not discriminatory.
Town of Devon – Appeal of Water Rates by Imperial Enterprises Inc., AUC Decision 24435-D01-2019
Link to Decision SummarizedWater Rates In this decision, the AUC found pursuant to Section 43 of the Municipal Government Act (“MGA”) that certain water rates charged to Imperial Enterprises Inc. (“Imperial”) from January 1, 2019, to present, were discriminatory....
Blazer Water Systems 2019-2020 General Rate Application Compliance Filing, AUC Decision 24418-D01-2019
Link to Decision SummarizedRates - Water Utility - Compliance Filing In this decision, the AUC considered a compliance filing from Blazer Water Systems Ltd. (Blazer”) addressing all of the determinations and directions of the AUC in Decision 22319-D01-2018. In AUC...
Village of Delia Appeal of Utility Charges by Heide Peterson and Yvon Fournier, AUC Decision 24678-D01-2019
Link to Decision SummarizedMunicipal Utility Rates - Appeal In this decision, the AUC considered an appeal from Ms. Heide Peterson and Mr. Yvon Fournier (collectively, the “Appellants”), requesting that the AUC disallow all water, sewer, garbage and land fill utility...
Canadian Utilities Limited Application to Dispose of Shares and Transfer Ownership of Hydro Project (AUC Decision 24629-D01-2019)
Link to decision summarizedTransfer of Fossil Fuel-Based Power Generation Business In this decision, the AUC considered whether to approve the following transactions: ATCO Power (2010) Ltd.’s disposition of all of its shares in ATCO Power Canada Ltd. to Heartland...
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.
Blazer Water Systems Ltd. 2019-2020 General Rate Application (AUC Decision 22319-D01-2018)
The AUC approved the continuation of Blazer’s current rates on an interim refundable basis, as of January 1, 2019. The difference between the interim and final rates approved will either be collected from customers or refunded to customers.
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.
Application for Review of an AUC Decision Dated May 3, 2018, Dismissing an Appeal Pursuant to Section 43 of the Municipal Government Act (Decision 23579-D01-2018)
In this decision, the AUC considered Ian Murdoch’s application for a review of the AUC’s decision dismissing Mr. Murdoch’s appeal regarding the method used by the City of Calgary to estimate Mr. Murdoch’s wastewater charges (the “Original Decision”).
The AUC denied the review application for the reasons summarized below.
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.
Town of Devon – Appeal of Water Rates by Imperial Enterprises Inc. (AUC Decision 22785-D01-2018)
In this decision, the AUC considered a complaint by Imperial Enterprises Inc. (“Imperial”) regarding an increase in water rates by the Town of Devon (“Devon”).
The AUC found that the Devon improperly imposed the increased water rates and, therefore disallowed those increased rates.
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.
InterPipeline Ltd. – Request for Regulatory Appeal (AER Regulatory Appeal No. 1884415)
The AER determined that a hearing into the regulatory appeal requested by InterPipeline Ltd. (“InterPipeline”) would be held.
Complaint by Mr. Baux Regarding Metered Service Horse Creek Water Services Inc. (Decision 22318-D01-2017)
The AUC concluded that Mr. Baux is required to have a meter. The AUC considered that Mr. Baux and HCWS should share equally in the total cost of the water meter installation up to $800. The AUC ruled that any amounts over $800 will be the responsibility of Mr. Baux.
AER Denies Request for Regulatory Appeal by Samson Cree Nations
The AER held that the Samson Cree had not established specific locations where its members might be affected, or specific ways in which they might be affected by the Project.
Response to Blazer Water Systems Ltd. Letter to the AUC (Disposition 20930-D01-2015)
The AUC held that it would consider how to treat the amounts in the deferral account in Blazer’s upcoming general rate application.
Horse Creek Water Services Inc. Continuation of Existing Water Rates (Decision 20663-D01-2015)
The AUC approved the continuation of water rates as set out in Decision 2011-061 for the operation of the water utility serving MonTerra by Horse Creek on an interim and refundable basis.
Bulletin 2015-25: Restrictions to Temporary Diversion Licences
The Bulletin advises that no new TDL applications are being accepted for the watercourses listed above. The restrictions will be lifted when river flows return to acceptable levels.