Over the past week, the Alberta government has released several
new regulations under the Responsible Energy Development
Act (REDA) and has proclaimed that the majority of the
REDA's provisions will come into force on June 17, 2013. As of
that date, the Energy Resources Conservation Board (ERCB) will be
replaced by the Alberta Energy Regulator (AER) and all proceedings
before the ERCB will continue under the REDA. Although many of the
processes and requirements under the REDA and the AER Rules of
Practice will be similar to those currently followed by the ERCB,
there are several changes that participants will need to
familiarize themselves with. For example, the AER will have greater
discretion to process applications without holding a hearing, even
if a party can show that it may be directly and adversely affected
by the project in question. Conversely, if the AER decides to hold
a hearing, it has the power to grant intervener status to parties
that will not be directly and adversely affected. Further, if the
AER processes an application without a hearing, and a party can
show that it may be directly and adversely affected by that
decision, the affected party may seek to use the REDA's new
mechanism for "regulatory appeals."
The portions of the REDA that will not come into force on June
17 will combine the functions of the AER and Alberta Environment
and Sustainable Resource Development with respect to all upstream
oil, gas and coal developments. These portions of the REDA will
come into force at a future date to be set by the provincial
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Canada is a constitutional monarchy, a parliamentary democracy and a federation comprised of ten provinces and three territories. Canada's judiciary is independent of the legislative and executive branches of Government.
The Government of Alberta recently announced a number of policy changes that will impact the Alberta Electricity Market, composed of its generators, transmitters, distributors, retailers, electricity consumers and wholesale electricity market.
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