Link to Decision Summarized Minerals – Development The AER sought feedback on its proposed new Draft Directive: Rock-Hosted Mineral Resource Development (“Draft Directive”). The Draft Directive sets out the industry's requirements for rock-hosted mineral resource...
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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.
Reference re Impact Assessment Act, 2023 SCC 23
Link to Decision Summarized Jurisdiction – Environmental Impact Assessment Appeal This was an appeal from an Alberta Court of Appeal (“ABCA”) judgment regarding a reference by the Alberta’s Lieutenant Governor in Council to the ABCA concerning the constitutionality of...
Enforcement Staff of the Alberta Utilities Commission Settlement Agreement with Persist Oil & Gas Inc., AUC Decision 28370-D01-2023
Link to Decision Summarized Market - Enforcement Application Enforcement staff of the AUC (“Enforcement Staff”) applied to the AUC for approval of a settlement agreement between Enforcement Staff and Persist Oil & Gas Inc. (“Persist”) related to a contravention...
Enforcement Staff of the Alberta Utilities Commission Penalty for Contraventions 1-5, Decision 26379-D04-2023
Link to Decision Summarized Enforcement – Penalties Application This was a penalty determination as part of the second phase of the AUC’s enforcement proceeding against Green Block Mining Corp. (“Green Block”), formerly known as Link Global Technologies Inc. (“Link...
Market Surveillance Administrator Application for Approval of a Settlement Agreement Between the Market Surveillance Administrator, Canadian Hydro Developers Inc. and TransAlta Corporation, AUC Decision 28217-D01-2023
Link to Decision Summarized Electricity – Markets Application The Market Surveillance Administrator (“MSA”) applied for approval of a settlement agreement (the “Settlement”) between the MSA, Canadian Hydro Developers Inc. (“Canadian Hydro”), and TransAlta Corporation...
New Edition of Directive 001, AER Bulletin 2023-27
Link to Bulletin Summarized Oil and Gas - Geothermal Resources On July 4, 2023, the Alberta Energy Regulator released a new edition of Directive 001: Requirements for Site-Specific Liability Assessment, which includes the following changes: Removal of irrelevant or...
Corix Utilities Inc. Approvals Relating to Restructuring Transactions, AUC Decision 27802-D01-2023
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...
CNOOC Access to Connection Facilities at the Trans Mountain Edmonton Terminal on Reasonable Terms, CER Letter Decision RH-001-2022
Link to Decision SummarizedOil - LawApplicationOn April 14, 2022, CNOOC Marketing Canada (“CNOOC”) applied for an order requiring PKM Canada North 40 Limited Partnership (“Pembina”) to allow CNOOC and its sublessees to access pipeline facilities for receiving,...
Enforcement Staff of the AUC Settlement Agreement with the Office of the Utilities Consumer Advocate – Enforcement and Administrative Penalty, AUC Decision 27705-D01-2022
Link to Decision SummarizedAUC Enforcement - Confidentiality OrderApplicationAUC Enforcement staff applied to the AUC for approval of a settlement agreement reached between the Office of the Utilities Consumer Advocate (“UCA”) and the AUC Enforcement staff. In the...
Geothermal Resource Development Rules and Directive 089: Geothermal Resource Development, AER Bulletin 2022-25
Link to Bulletin SummarizedGeothermal ResourcesThe Geothermal Resource Development Act provides the AER with the authority to regulate the safe, efficient, and responsible development of Alberta’s geothermal resources. The Geothermal Resource Development Rules (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...
WCSB Alberta Limited Partnership v Alberta Utilities Commission, 2022 ABCA 177
Link to Decision SummarizedPermission to Appeal - LawIn this decision, the Alberta Court of Appeal (“ABCA”) considered three related applications for permission to appeal decisions by the AUC under s. 29 of the Alberta Utilities Commission Act (“AUCA”). Kalina...
Capital Power Corporation Complaint Application Regarding FortisAlberta Inc. Strathmore Area Interconnection Issues, AUC Decision 26510-D01-2022
Link to Decision SummarizedDistribution-Connected Generation - Interconnection CostsIn this decision, the AUC dismissed the complaint from Capital Power Corporation (“Capital Power”) against FortisAlberta Inc. (“FortisAB”) regarding charges to interconnect Capital...
Balancing Pool Application for an Order Permitting the Sharing of Records Not Available to the Public Regarding the Coaldale Solar Project, AUC Decision 27162-D01-2022
Link to Decision SummarizedInformation Sharing - FEOCIn this decision, the AUC approved the application from the Balancing Pool for the preferential sharing of records that are not available to the public pertaining to the electricity and ancillary services markets...
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...
ATCO Electric Ltd., ATCO Energy Ltd. and ATCO Gas (a Division of ATCO Gas & Pipelines Ltd.) Amendments to Code of Conduct Regulation Compliance Plans, AUC Decision 27005-D01-2022
Link to Decision SummarizedCCR Compliance PlanIn this decision, the AUC approved the application from ATCO Electric Ltd., ATCO Gas (a division of ATCO Gas & Pipelines Ltd.), and ATCO Energy Ltd. (collectively “ATCO”) to amend their Code of Conduct Regulation...
ATCO Electric Ltd., ATCO Energy Ltd. and ATCO Gas (a Division of ATCO Gas & Pipelines Ltd.) Amendments to Code of Conduct Regulation Compliance Plans, AUC Decision 27005-D01-2022
Link to Decision SummarizedCCR Compliance PlanIn this decision, the AUC approved the application from ATCO Electric Ltd., ATCO Gas (a division of ATCO Gas & Pipelines Ltd.), and ATCO Energy Ltd. (collectively “ATCO”) to amend their Code of Conduct Regulation...
Balancing Pool Application for an Order Permitting the Sharing of Records Not Available to the Public Regarding the East Strathmore Solar Power Plant, AUC Decision 27121-D01-2022
Link to Decision SummarizedMarket Oversight and Enforcement - FEOCIn this decision, the AUC approved the application from the Balancing Pool for the preferential sharing of records that are not available to the public pertaining to the electricity and ancillary...
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...
Update on AER Review of Administration Fee (Industry Levy), AER Bulletin 2022-01
Link to Bulletin SummarizedIndustry Levy - Responsible Energy Development Act General RegulationSince the AER’s announcement regarding changes to the calculation of fees in Bulletin 2021-37 in September of 2021, the Government of Alberta has announced changes to the...
Balancing Pool Application for an Order Permitting the Sharing of Records Not Available to the Public Regarding The Brooks Solar II Power Plant, AUC Decision 27093-D01-2022
Link to Decision SummarizedMarket Oversight and Enforcement - FEOCIn this decision, the AUC approved the application by the Balancing Pool for an order to permit the sharing of records pertaining to the electricity and ancillary services markets under Section 3 of the...
TransAlta Generation Partnership Application for Orders to Permit Sharing Records Between TransAlta, TransAlta Generation Partnership, TransAlta Alberta Hydro LP and URICA, AUC Decision 27085-D01-2022
Link to Decision SummarizedMarket Oversight and Enforcement - FEOCIn this decision, the AUC approved the application by the TransAlta Generation Partnership (“TransAlta GP”) for an order to permit the sharing of records pertaining to the electricity and ancillary...
Edmonton River Valley Conservation Coalition Society v Council of the City of Edmonton, 2022 ABQB 11
Link to Decision SummarizedJudicial Review - MootIn this decision, the Alberta Court of Queen’s Bench (“ABQB”) dismissed an application for judicial review from The Edmonton River Valley Conservation Coalition Society (the “Society”), claiming that the Edmonton City...
Canadian Utilities Limited Application for the Amalgamation of ATCO Energy Solutions Ltd. and ATCO Alberta Storage Hub Ltd., AUC Decision 27034-D01-2021
Link to Decision SummarizedAmalgamation - Non-Regulated EntitiesIn this decision, the AUC approved the application from Canadian Utilities limited (“CU”) for the amalgamation of ATCO Energy Solutions Ltd. (“AES”) and ATCO Alberta Storage Hub Ltd. (“ATCO Hub”) (the...
ATCO Electric Ltd. Decision on Preliminary Question Application for Review and Variance of Decision 26477-D01-2021, AUC Decision 26895-D01-2021
Link to Decision SummarizedR&V - RatesIn this decision, the AUC denied an application by ATCO Electric Ltd. (“AE”) to review and vary Decision 26477-D01-2021 (the “Compliance Decision”), a decision on the compliance filing for its 2019 general tariff...
Apex Utilities Inc. Code of Conduct Regulation Compliance Plan Amendments, AUC Decision 26302-D01-2021
Link to Decision SummarizedCode of Conduct Compliance Plan AmendmentsIn this decision, the Alberta Utilities Commission (“AUC”) approved the application of Apex Utilities Inc. (“AUI”) to amend its Code of Conduct Regulation Compliance Plan (“Compliance Plan”).AUI...
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...
BHE Rattlesnake GP Inc. Application for Order Permitting Sharing Records Not Available to the Public Between BHEC Rattlesnake GP Inc., BHEC Rattlesnake LP and URICA, AUC Decision 26838-D01-2021
Link to Decision SummarizedMarket Oversight and Enforcement - FEOCIn this decision, the AUC granted the application from BHE Canada Rattlesnake GP Inc. (“BHEC”) for an order permitting the sharing of records pertaining to the electricity and ancillary services markets...
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...
Alberta Electric System Operator Proposed Amendments to Sections 103.4 and 103.6 of the ISO Rules, AUC Decision 26641-D01-2021
Link to Decision SummarizedFEOC - UpdatesIn this decision, the AUC approved changes to Section 103.4 of the Independent System Operator (“ISO”) rules, Power Pool Financial Settlement, and Section 103.6 of the ISO rules, ISO Fees and Charges (collectively, the...
Enforcement Staff of the Alberta Utilities Commission Allegations Against Link Global Technologies Inc. Phase 1, AUC Decision 26379-D01-2021
Link to Decision SummarizedEnforcement - MarketsIn this decision, the AUC considered the application filed by AUC Enforcement staff alleging that Link Global Technologies Inc. (“Link Global”) has been operating a 5-megawatt (“MW”) in Sturgeon County (the “Sturgeon...
Direct Energy Marketing Limited Amendments to Code of Conduct Regulation Compliance Plan and Inter-Affiliate Code of Conduct and Compliance Plan, AUC Decision 26370-D01-2021
Link to Decision SummarizedCCR Compliance PlanIn this decision, the AUC approved the application from Direct Energy Marketing Limited to amend the Direct Energy Regulated Services (“DERS”), Direct Energy Partnership (“DEP”) and XOOM Energy Canada, ULC (“XOOM”) Code of...
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...
EQUS REA Ltd. Code of Conduct Regulation Compliance Plan Amendment, AUC Decision 26459-D01-2021
Link to Decision SummarizedCode of Conduct Compliance PlanIn this decision, the AUC approved the application from EQUS REA Ltd. (“EQUS”) for approval of its amended Code of Conduct Regulation Compliance Plan (“Compliance Plan”).EQUS applied for approval of amendments...
Invitation for Feedback on Proposed New Requirements for Geothermal Resource Development, AER Bulletin 2021-31
Link to Bulletin SummarizedJurisdiction - Geothermal ResourcesUnder Bill 36: Geothermal Resource Development Act which has not yet been proclaimed, the AER will have the authority to regulate the safe, efficient, and responsible development of Alberta's geothermal...
Coal Activity on Category 2 Land Suspended, AER Bulletin 2021-19
Link to Bulletin SummarizedCoal Exploration On April 23, 2021, the Government of Alberta issued Ministerial Order 093/2021. On May 11, 2021, the AER posted Bulletin 2021-19 announcing that this order directs the AER to take steps to suspend all approvals for coal...
Amendments to AUC Rule 016, AUC Bulletin 2021-11
Link to Bulletin SummarizedReview and Variance- Efficiency The AUC has amended Rule 016: Review of Commission Decisions as part of its continuous effort to implement process efficiencies identified in the Report of the AUC Procedures and Processes Review Committee....
Amendments to AUC Rule 001, AUC Bulletin 2021-10
Link to Bulletin SummarizedRates Proceedings - Efficiency On April 27, 2021, the AUC approved amendments to Rule 001: Rules of Practice applicable to proceedings registered on or after May 17, 2021.In 2020 the AUC accepted 29 of the recommendations of the Report of...
Balancing Pool Application for Orders Permitting Sharing of Records Between Balancing Pool, URICA Energy Real Time Ltd. and Small Scale Power Producers, AUC Decision 26308-D01-2021
Link to Decision SummarizedMarket Oversight and Enforcement - FEOC In this decision, the AUC approved the application from the Balancing Pool, for the preferential sharing of records pertaining to the electricity and ancillary services markets that are not available...
ENMAX Corporation and Calgary District Heating Applications for Disposition of Downtown District Energy Centre and Transfer of Combined Heat and Power Generating Unit, AUC Decision 26163-D01-2021
Link to Decision SummarizedPublic Utilities Act - Ordinary Course of Business In this decision, the AUC approved the disposition by ENMAX Corporation of the Downtown District Energy Centre (“DDEC”) and the transfer of related approvals from ENMAX Independent Energy...
Regulatory Appeals of the Decision to Issue Declarations Naming Darren O’Brien and Jeffrey Young Pursuant to Section 106 of the Oil and Gas Conservation Act, Regulatory Appeals 1928568 and 1928569
Link to Decision SummarizedControl of Licensee - Time of Failure to Comply with Order - S. 106 Order In this decision the AER revoked the declarations made under section 106(1) of the Oil and Gas Conservation Act (“OGCA”) naming Darren O’Brien and Jeffrey Young...
ATCO Electric Ltd. 2018-2019 General Tariff Application Compliance Filing, AUC Decision 24805-D02-2020
Link to Decision SummarizedCompliance with Decisions 22742-D01-2019, 22742-D02-2019, 24805-D01-2020, 25139-D01-2020, and 25282-D01-2020 In this decision, the AUC considered the application of ATCO Electric Ltd (“AET”) for its compliance with directions from Decision...