Alberta Record

· Order in Council / AER Jurisdiction Amendment Regulation · in-force

OIC 195/2023: Specified Enactments (Jurisdiction) Amendment Regulation

This Order in Council enacts the Specified Enactments (Jurisdiction) Amendment Regulation, which modifies the Alberta Energy Regulator's authority regarding forfeited security and debt recovery for conservation and reclamation, and extends

High impactCentralization of powerInstitutional independenceIndependent watchdogsThe public, directly

What changed

  • Amends section 19(7)(c) of the Specified Enactments (Jurisdiction) Regulation (AR 201/2013) to specify that the Alberta Energy Regulator (AER) must use forfeited security for conservation and reclamation activities on specified land.
  • Clarifies that operators remain liable to the AER for any conservation and reclamation costs exceeding the forfeited security, recoverable as a debt due to the AER.
  • Extends the date in section 28 of the regulation from November 29, 2023, to November 30, 2033.
  • Adds section 24(5) to Schedule 6, Part 3, section 2 of the regulation.

Why it matters

  • Clarifies the Alberta Energy Regulator's mandate and discretion regarding the use of forfeited security for environmental remediation.
  • Reinforces operator financial liability for conservation and reclamation activities, even when security has been forfeited.
  • Extends the application period of certain provisions within the Specified Enactments (Jurisdiction) Regulation by a decade, impacting long-term regulatory oversight.
  • The addition of section 24(5) to Schedule 6, Part 3, section 2 may alter the scope or application of specific jurisdictional rules related to that subsection.

Other governance concerns

  • Clarity of regulatory authority for environmental remediation
  • Accountability for conservation and reclamation costs
  • Long-term stability of regulatory frameworks

Primary sources (1)