Link to Decision Summarized Oil and Gas - Pipelines The AER temporarily paused new pipeline application submissions through OneStop from November 6, 2023, to November 16, 2023, in response to the new Pipeline Rules release scheduled for November 15, 2023. The...
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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.
Reclamation Liability Reduction Program Being Developed, AER Bulletin 2023-37
Link to Decision Summarized Oil and Gas – Facilities The AER is implementing a reclamation liability reduction program (the “Program”), with an anticipated release in the spring of 2024. The Program is intended to allow licensees to request a temporary reduction of...
Invitation for Feedback on Proposed New Requirements for Rock-Hosted Mineral Resource Development, AER Bulletin 2023-36
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...
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...
Mandatory Closure Spend Quotas for 2024, AER Bulletin 2023-35
Link to Decision Summarized Oil and Gas - Supplemental Closure Spending Licensees must spend a minimum amount annually on abandoning, remediating and reclaiming their inactive oil and gas sites. In Bulletin 2023-31: Industry-Wide Closure Spend Requirement for 2024,...
Validating Facility Operational Life-Cycle Statuses, AER Bulletin 2023-34
Link to Decision Summarized Oil and Gas - Facilities The AER announced that it would contact applicable licensees by email to validate the operational life-cycle status of their facilities, as an one-time supplemental data request. Additional information is required...
Reminder of Increased Risk During Migratory Bird Season, AER Bulletin 2023-33
Link to Decision Summarized Oil and Gas - Environment On September 7, 2023, the AER reminded licensees of the beginning of the migratory bird season in Alberta and their responsibility to follow waterfowl protection plans to protect migratory bird populations....
New Edition of Directive 020, AER Bulletin 2023-32
Link to Decision Summarized Oil and Gas - Well Abandonment On September 5, 2023, the Alberta Energy Regulator (“AER”) released a new edition of Directive 020: Well Abandonment (“Directive 020”), which sets out the requirements for routine abandonment of wells...
AlphaBow Energy Ltd. v Alberta Energy Regulator, 2023 ABCA 239
Link to Decision Summarized Reasonable Care and Measures Order - Appeal Application AlphaBow Energy Ltd. (“AlphaBow”) applied to the Alberta Court of Appeal (“ABCA”) for permission to appeal a suspension order issued by the Alberta Energy Regulator (“AER”) on June 5,...
Industry-Wide Closure Spend Requirement for 2024, AER Bulletin 2023-31
Link to Bulletin Summarized Oil and Gas - Facilities The AER implemented an inventory reduction program described in Directive 088: Licensee Life-Cycle Management under the Government of Alberta’s Liability Management Framework, which involves setting an industry-wide...
MGM Energy Corp. Application for an Operations Authorization – Shut In Well Inspections, MGM Wells, Mackenzie Delta Area, CER Authorization Approval: OA-1202-001 Letter Decision
Link to Decision Summarized Oil and Gas - Facilities Application MGM Energy Corp. (“MGM”) applied for an authorization to inspect ten wells and four associated drilling sumps (the “Application”) in the Mackenzie Delta, within the Inuvialuit Settlement Region,...
Increasing Number of Incidents of Pipeline Contact Damage During Ground Disturbance, AER Bulletin 2023-30
Link to Bulletin Summarized Oil and Gas - Facilities The AER noted a 69% increase in the number of pipeline incidents related to contact damage during ground disturbance (26 incidents in 2020 to 44 incidents in 2022) over the past three years. The AER was particularly...
Inuvialuit Energy Security Project Ltd. – Application for Authorization for Well Workover, CER Approval OA-1414-002 Reasons for Decision
Link to Decision Summarized Oil and Gas - Facilities Application By a letter decision issued on June 28, 2023, the CER approved Inuvialuit Energy Security Project Ltd. (“IESPL”) well workover application (the “WW Application”) for the Inuvialuit Energy Security...
Inuvialuit Energy Security Project – Application for Authorization for Early Site Works, CER Reasons for Decision Approval OA-1414-001
Link to Decision Summarized Oil and Gas - Facilities Application By a letter decision issued on June 28, 2023, the CER approved an application from Inuvialuit Energy Security Project Ltd. (“IESPL”) for authorization for early site works (the “ESW Application”) for the...
Shell Canada Limited v Alberta (Energy), 2023 ABCA 230
Link to Decision Summarized Oil – Judicial Review/Appeal Appeal This was an appeal by the Alberta Minister of Energy (“Minister” or “Appellant”) from an Alberta Court of King’s Bench order on judicial review. The judicial review judge quashed the Minister’s screening...
Review and Variance Application of TransCanada Keystone Pipeline GP Ltd. Concerning the Commission of the Canada Energy Regulator Decision in the RH-005-2020 Hearing, CER Letter Decision
Link to Decision Summarized Facilities - Industrial System Designation Application TransCanada Keystone Pipeline GP Ltd (“Keystone”) filed an application seeking a review and variance of the CER decision for Phase 1 of the RH-005-2020 (“Decision”) proceeding (the...
File Changes for Brine Hosted Minerals, AER Bulletin 2023-28
Link to Bulletin Summarized Minerals – Resource Development The AER updated its Digital Data Submission system to enable the collection, in the pressure ASCII standard (PAS) file, of the data required to be submitted by licensees pursuant to requirement 79 of...
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...
Tidewater Midstream and Infrastructure Brazeau Cogeneration Plant and Industrial System Designation, AUC Decision 27616-D01-2023
Link to Decision Summarized Facilities - Industrial System Designation Application Tidewater Midstream and Infrastructure Ltd. (“Tidewater”) applied for approval to construct and operate the 16.5-megawatt (“MW”) natural gas-fired Brazeau Cogeneration Plant (the “Power...
Inuvialuit Energy Security Project Ltd. Application to Amend a Development Plan for the Inuvialuit Energy Security Project Subject to Hearing Order MH-002-2022, CER Filing A8R2U7
Link to Decision Summarized Oil/Gas – Amendment Application Application On March 8, 2022, the CER approved the development plan for the proposed Inuvialuit Energy Security Project (the “IESP”). Subsequently, Inuvialuit Energy Security Project Ltd. (“IESPL”) provided,...
Xenotime Energy Inc. Application for Pooling Order, 2023 ABAER 003
Link to Decision Summarized Oil - Unit to Produce Oil Application Xenotime Energy Inc. (“Xenotime”) applied for a compulsory pooling order prescribing that all tracts within the drilling spacing unit in the northwest quarter of Section 15, Township 50, Range 4, West...
Invitation for Feedback on Revisions to Directive 020, AER Bulletin 2023-26
Link to Bulletin Summarized Oil - Well Abandonment The AER sought feedback on updates to Directive 020: Well Abandonment. Changes were proposed to section 5.4, which would amend the requirements for the abandonment of cased-hole wells penetrating an oil sands zone....
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...
ATCO Gas and Pipelines Ltd. Franchise Agreement Renewal with the City of Cold Lake, AUC Decision 28210-D01-2023
Link to Decision Summarized Rates - Franchise Agreement Application ATCO Gas and Pipelines Ltd. (“ATCO Gas”) applied for approval of a natural gas franchise agreement (the “Agreement”), including a franchise fee of 13 percent, with the City of Cold Lake for 10 years...
Increased Risk of Wildfire During Drier Seasons, AER Bulletin 2023-25
Link to Bulletin Summarized Oil and Gas - Monitoring The AER reminded licensees that the risk of brush/grass fires increases significantly during wildfire season, which is from March 1 to October 31. The Alberta Agriculture and Forestry (“AAF”) has a tiered fire ban...
Direct Energy Regulated Services 2023 Default Rate Tariff and Regulated Rate Tariff, AUC Decision 27631-D01-2023
Link to Decision Summarized Revenue Requirements - Non-Energy Application Direct Energy Regulated Services (“DERS”) applied for approval of its default rate tariff (“DRT”) and regulated rate tariff (“RRT”) revenue requirements and non-energy charges for 2023. Decision...
New Requirements for Licensees with Unpaid Municipal Property Taxes, AER Bulletin 2023-22
Link to Bulletin Summarized Wells - Application As of May 1, 2023, under Ministerial Order 043/2023, the AER requires evidence that licensees have resolved unpaid property taxes exceeding a threshold amount before a new well or well licence transfer application will...
Increased Monitoring on Pipeline and Gas Infrastructure, AER Bulletin 2023-21
Link to Bulletin Summarized Oil and Gas - Monitoring Due to the release of the movie “How to Blow Up a Pipeline” on April 21, 2023, and its promotion of violent action against oil and gas infrastructure, the AER reminded operators that they are required to have...
Reminder of Migratory Bird Season, AER Bulletin 2023-20
Link to Bulletin Summarized Oil and Gas - Monitoring The AER reminded license holders of the beginning of migratory bird season in Alberta. Licensees must: (i) adhere to their plans to protect migratory bird populations; (ii) ensure that all liquid impoundments that...
New Edition of Directive 067, AER Bulletin 2023-19
Link to Bulletin Summarized Oil and Gas - Financial Submissions A new edition of Directive 067: Eligibility Requirements for Acquiring and Holding Energy Licences and Approvals has been published and is in force as of April 13, 2023. This new edition complements the...
Monitoring for Snowmelt and Overland Flooding, AER Bulletin 2023-18
Link to Bulletin Summarized Oil and Gas - Monitoring The AER cautioned against the hazards of seasonal snowmelt and resultant overland flooding. Specifically, licensees: (i) must physically inspect and assess any sites and equipment that have or may be affected by...
New Functionality Moving to OneStop, AER Bulletin 2023-17
Link to Bulletin Summarized Facilities - Land Dispositions As of April 20, 2023, new cancellation and objection functionality is available in OneStop’s public lands module. If the AER initiates the process to cancel a public lands disposition, OneStop will notify the...
2023/24 Orphan Levy Fund – Licensee Liability Rating and Oilfield Waste Liability Programs, AER Bulletin 2023-16
Link to Bulletin Summarized Oil and Gas - Rates With this bulletin, and in accordance with Part 11 of the Oil and Gas Conservation Act (“OGCA”), the AER prescribed an Orphan Fund Levy in the amount of $135 million. The Government of Alberta approved this levy to fund...
2023/24 AER Administration Fees (Industry Levy), AER Bulletin 2023-15
Link to Bulletin Summarized Revenue Requirement For 2023/24, the Government of Alberta approved a revenue requirement of $217.4 million to support the operations of the AER. 2023/24 Administration Fees (Industry Levy) The 2023/24 Administration Fees payable to the AER...
Invitation to Submit a Nomination to Close Inactive Wells & Facilities, AER Bulletin 2023-14
Link to Bulletin Summarized Facilities - Closures On April 3, 2023, the AER started accepting nominations for eligible individuals and groups to close inactive or abandoned oil and gas wells and facilities as a follow-up to its Bulletin 2023-4: New Editions of...