Alberta Record

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

Oic 195 2023 aer jurisdiction amendment

This Order in Council makes the Specified Enactments (Jurisdiction) Amendment Regulation, modifying the Alberta Energy Regulator's authority over forfeited security and debt recovery for conservation and reclamation, and extending a key da…

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What changed

  • Repeals and substitutes section 19(7)(c) of the Specified Enactments (Jurisdiction) Regulation (AR 201/2013).
  • Specifies that the Alberta Energy Regulator (AER) shall use security forfeited under subsection (1) to carry out 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 indicates a specific inclusion or exclusion of this subsection from certain jurisdictional rules, which could affect how it is applied or enforced.

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)