Regulatory Insights
RLC remains at the forefront of new developments in Canada’s energy sector to ensure we can act effectively on behalf of our clients and their interests.
These articles cover the details of various decisions made by the Alberta Energy Regulator (AER), Alberta Utilities Commission (AUC), and the Canada Energy Regulator (CER). Browse our searchable archives below.
Site Reduction Reclamation Certificate Pilot, AER Bulletin 2024-05
Link to Bulletin Summarized Download Summary in PDF Facilities – Partial Reclamation In December 2023, Alberta Environment and Protected Areas (“AEPA”) announced the Interim directive: pilot for site reductions on well sites (Land Policy, 2023, No.2), regarding a...
Pilot for Reclaiming Peatlands, AER Bulletin 2024-04
Link to Bulletin Summarized Download Summary in PDF Oil and Gas – Land Reclamation On December 14, 2023, Alberta Environment and Protected Areas (“AEPA”) released the Interim directive: pilot for reclaiming peatlands - decision framework and support tools for...
AUC Updates to the Hydro and Electric Energy Regulation, AUC Bulletin 2024-04
Link to Bulletin Summarized Download Summary in PDF Power - Law On March 6, the Alberta Utilities Commission (“AUC”) made updates to the Hydro and Electric Energy Regulation (“HEER”) to align it with the Electricity Statutes (Modernizing Alberta’s Electricity Grid)...
Enbridge Pipelines Inc. Application for Approval of the Mainline Tolling Settlement and Final Tolls, CER Letter Decision File 4637048, C28621-1
Link to Decision Summarized Download Summary in PDF Gas – Tolls Application Enbridge Pipelines Inc. (“Enbridge”) applied for approval of the Mainline Tolling Settlement (the “Settlement”). Decision The Canadian Energy Regulator (“CER”) approved the application, as...
Updates to AUC Application Review Process Following Generation Approvals Pause, AUC Bulletin 2024-03
Link to Decision Summarized Rules – Applications Updates to AUC Application Review Process Following Generation Approvals Pause On February 29, 2024, the Generation Approvals Pause Regulation expired. This regulation prohibited the AUC from issuing approvals for new...
Regulatory Appeals of AER Orders (Regulatory Appeals 1943516 and 1943521), Decision 2024 ABAER 001 (Redacted)
Link to Decision Summarized Oil and Gas – Regulatory Appeal Application This decision dealt with the regulatory appeal by AlphaBow Energy Ltd. (“AlphaBow”) of two orders issued by the AER’s Closure and Liability Management branch (“CLM”). CLM issued the first order on...
Commission-Initiated Proceeding METSCO’s Risk-Based Asset Management Framework for ENMAX and EPCOR (AUC Decision 23102-D01-2019)
Link to decision summarizedCapital Tracker Treatment In this decision, the AUC provided its assessment of METSCO Energy Solutions Inc. (“METSCO”)’s risk-based asset management framework and...
AER Bulletin 2019-04: Update to Survey Plan Requirements When Applying for a Reclamation Certificate
Link to decision summarizedUpdate - Reclamation Certificates In this bulletin, the AER announced that it updated the Specified Enactment Direction 002: Application Submission Requirements and...
Fort Hills Energy Corporation Application for Fort Hills Tailings Management Plan (AER Decision 20190225A)
Link to decision summarizedTailings Management Plan - Ready-to-Reclaim Criteria In this decision, the AER considered Fort Hills Energy Corporation (“Fort Hills”)’ application 1881219, pursuant to...
NEB Reconsideration of Aspects of its OH-001-2014 Report – Trans Mountain Pipeline ULC Application for the Trans Mountain Expansion Project (MH-052-2018 Report)
Link to decision summarizedTrans Mountain Expansion Project In this Reconsideration Report (the “Reconsideration”), the NEB undertook the reconsideration directed by the Governor in Council (“GIC”)...
EPCOR Water Services Inc. E.L. Smith Solar Power Plant (AUC Decision 23418-D01-2019)
Link to decision summarizedSolar - Excess Electricity In this decision, the AUC approved EPCOR Water Services Inc. (“EPCOR Water”)’s application to construct and operate a power plant designated as...
Remington v. Enmax, 2019 ABCA 69
Link to decision summarizedSurface Rights Act - Electricity - Appeal - Granted (in part) In this decision, the Alberta Court of Appeal (“ABCA”):(a) granted an appeal by Enmax Power Corporation...
AER Bulletin 2019-03: Applications for Partial Upgraders
Link to decision summarizedMining - In Situ Operations In this bulletin, the AER announced that it clarified the application processes for partial upgraders related to mining and in situ operations...
AER Bulletin 2019-02: Update to Disposition Renewal Applications
Link to decision summarizedPublic Lands Act - Forms In this bulletin, the AER announced that effective immediately, disposition renewal applications no longer require a statutory declaration or...
Orphan Well Association v Grant Thornton Ltd., 2019 SCC 5
Link to decision summarizedDoctrine of Paramountcy - Bankruptcy - End-of-Life Obligations In this decision, the Supreme Court of Canada ("SCC") considered an appeal from the Alberta Court of Appeal...
AUC Bulletin 2019-01: Revision to AUC Rule 020: Rules Respecting Gas Utility Pipelines
Link to bulletin summarizedPipeline Applications - Proposed Amendments The AUC is seeking written feedback, comments, and suggestions regarding proposed changes to gas utility pipeline applications...
Borgel v Paintearth (Subdivision and Development Appeal Board), 2019 ABCA 25
Link to decision summarizedPermission to Appeal - Granted In this decision, the Alberta Court of Appeal ("ABCA") considered an application by landowners on the County of Paintearth (the "County")...
AER Bulletin 2019-01: Directive 060 Annual Methane Emission Reporting in OneStop
Link to bulletin summarizedMethane Emission Reports This bulletin announced that, effective January 31, 2019, companies may submit annual reports of methane emissions (including vent gas and...
AltaLink Management Ltd. 2014 and 2015 Deferral Accounts Reconciliation Application (AUC Decision 22542-D02-2019)
Link to decision summarizedDeferral Accounts In this decision, the AUC considered AltaLink Management Ltd. (“AltaLink”)’s 2014 and 2015 Deferral Accounts application requesting final cost approval...
Fort McKay Métis Community Association v Alberta Energy Regulator, 2019 ABCA 15
Link to decision summarizedPermission to Appeal - Denied In this decision, the Alberta Court of Appeal ("ABCA") considered an application by the Fort McKay Métis Community Association ("Fort McKay...
Fort McKay First Nation v Prosper Petroleum Ltd., 2019 ABCA 14
Link to decision summarizedPermission to Appeal - Granted In this decision, the Alberta Court of Appeal ("ABCA") considered Fort McKay First Nation (the "First Nation")’s application for permission...
Alberta Energy Regulator v Lexin Resources Ltd, 2019 ABQB 23
Link to decision summarizedApplication for Lifting of Stay - Receivership In this decision, the Alberta Court of Queen’s Bench ("ABQB") considered an application by Midstream Canada Ltd....
EQUS REA Ltd. Decision on Preliminary Question Application; Application for Orders Confirming Boundaries of FortisAlberta Inc. Exclusive Municipal Franchise Areas (AUC Decision 23870-D01-2019)
Link to decision summarizedReview Application - Preliminary Question - Public Interest In this decision, the AUC considered EQUS REA Ltd. (“EQUS”)’s application for review of AUC Decision...
Blair v Alberta (Utilities Commission), 2018 ABCA 438
Link to decision summarized Permission to Appeal - Denied In this decision, the ABCA considered an application by a number of landowners’ (the “Applicants”) for permission to appeal AUC Decision...
AUC Bulletin 2018-20: Specified Penalties for Contraventions of AUC Rules
AUC Rules - Amendments Following a rule review and rule development process on December 11, 2018, the AUC approved Rule 032: Specified Penalties for Contravention of AUC Rules (“Rule 032”) and...
AER Bulletin 2018-41: The Approach to Administering the Remediation Regulation
Remediation On June 1, 2018, the Government of Alberta issued the Remediation Certificate Amendment Regulation (“Remediation Regulation”), which came into effect on January 1, 2019. This regulation...
Request for Regulatory Appeal by Elizabeth Métis Settlement (AER Regulatory Appeal Nos: 1913250 and 1913252)
Link to decision summarizedRequest for Regulatory Appeal - Granted In this decision, the AER considered the Elizabeth Métis Settlement (“EMS”)’s request for a regulatory appeal of the AER’s...
Capital Power Corp. v Alberta Utilities Commission, 2018 ABCA 437
Link to decision summarizedISO Rules - Line Losses - Permission to Appeal - Dismissed In this decision, the Alberta Court of Appeal (“ABCA”) considered applications by Capital Power Corporation...
AltaGas Utilities Inc. 2017 Capital Tracker True-Up Application (AUC Decision 23623-D01-2018)
Link to decision summarized Performance Based Regulation In this decision, the AUC considered AltaGas Utilities Inc. (“AltaGas”)’s 2017 capital tracker true-up application. The AUC approved the 2017...
ATCO Electric Ltd. 2017 Performance-Based Regulation Capital Tracker True-Up (AUC Decision 23739-D01-2018)
Link to decision summarizedPerformance-Based Regulation - Electricity In this decision, the AUC approved ATCO Electric Ltd. (“ATCO Electric”)’s 2017 K factor true-up collection amount of $8.9...