As set out in AER Bulletin 2014-30, effective October 1, 2014
the Alberta Energy Regulator assumed responsibility for the
environmental assessment process under the Environmental
Protection and Enhancement Act for upstream oil, natural gas,
oil sands, and coal projects in Alberta.
The Responsible Energy Development Act (REDA) was
proclaimed in force on June 17, 2013. Under it, the Alberta Energy
Regulator (AER) was to become Alberta's single regulator of
energy developments. The AER's implementation occurred in
a series of phases, with the AER gradually assuming responsibility
for the energy development regulatory functions formerly
administered by the Energy Resources Conservation Board (ERCB),
Alberta Environment and Sustainable Resource Development (ESRD) and
Alberta Energy. The third phase, which occurred on March 29, 2014,
involved the AER assuming certain regulatory functions and
responsibilities from ESRD under the Environmental Protection
and Enhancement Act (EPEA) and the Water Act. As of
that date, however, the responsibility to direct EAs under EPEA for
energy resource activities remained with ESRD.
As a result of legislative amendments made July 23, 2014 to the
Specified Enactments (Jurisdiction) Regulation under REDA,
as of October 1, 2014, all EAs commenced after July 23, 2014 in
respect of energy resource activities, have become the
responsibility of the AER. All EAs commenced prior to July 23, 2014
in respect of energy resource activities (as well as all EAs in
respect of non-energy resource activities, whenever commenced),
will continue to be managed by ESRD.
As part of Alberta's Regulatory Enhancement Project, the
Regulatory Enhancement Task Force delivered 3 reports addressing
provincial regulatory streamlining. In its second report, released
in December 2010, the Task Force cautioned that realizing the full
benefits of Alberta's oil and gas resources depends on
Alberta's ability to continue attracting significant levels of
investment. To that end, the Report made 6 recommendations,
including the establishment of a single regulatory body for
upstream oil and gas development activities.
In the government's News Release that accompanied Bill 2,
Responsible Energy Development Act, it was claimed that in
the event Bill 2 is passed, a more effective and efficient system
would ensue for industry and landowners, which will build on
Alberta's long-standing commitment to the environment. Benefits
to the economy of both Alberta and Canada, as well as the
maintenance of the social license to operate, were also cited in
support of Bill 2. Industry was said to benefit since a one-window
approach to project applications would be implemented, thereby
creating a clear process.
As of October 1, 2014, with the AER having now assumed all
regulatory functions from each of the ERCB, ESRD and Alberta
Energy, including responsibility for the EA process, the AER has
become Alberta's single Regulator for upstream oil, gas, oil
sands and coal development, from the application stage to project
reclamation. As a result, it is hoped that a more effective and
efficient system will ensue for industry, and that Alberta's
ability to continue attracting significant levels of investment has
been thereby enhanced.
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.
In Bank of Montreal v Bumper Development Corporation Ltd, 2016 ABQB 363, the Alberta Court of Queen's Bench enforced the "immediate replacement" provision in the Canadian Association of Petroleum Landmen 2007 Operating Procedure...
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