The Responsible Energy Development Act:A New World for Energy & Environment Regulation in Alberta? Presented at “Protecting Alberta’s Water Commons: Challenges and Opportunities" 21 March 2013 by Cindy Chiasson

1. The Responsible Energy Development Act:
A New World for Energy & Environment
Regulation in Alberta?
Presented at “Protecting Alberta’s Water
Commons: Challenges and Opportunities
(21 March 2013)
Cindy Chiasson

2. • Core services:
About the ELC – Law reform
– Information & education
• Mission: To ensure that – Public participation
Alberta’s laws, policies support
& legal processes • Priorities:
sustain a healthy – Water challenges
environment for future – Land stewardship
generations. – Environmental
assessment
– Genuine interest
standing

3. The idea that grew…
Spring 2010: Royalty &
competitiveness
reviews
Dec 2010: Report of
Regulatory Enhancement
Task Force
Nov 2012: Bill 2 - Responsible
Energy Development Act

4. Government’s intent
Cover “the next 50 years of
Easier navigation of responsible energy
energy regulation development”
Arm’s – length agency
From initial application
to reclamation
Integrated resource management

5. The new system – so far
Alberta Energy Regulator
• regulate oil, gas, oil sands,
coal & pipelines; extraction
& potentially processing
• deal with environmental
regulatory aspects of
AESRD energy resource
Shift of environmental responsibilities developments
related to energy development under:
• EPEA • “public interest” no longer
• WA explicitly in mandate
• PLA

6. Alberta Energy Regulator structure
Transition
committee
• Chair
AER Board of
Directors
? Minister(s)
• Energy?
• AESRD?
• Exec. offr.
Alberta Energy Regulator
NOT a Crown agent
• CEO
• staff
Policy
Hearing Management
commissioners Office (PMO)

7. Concerns & gaps
• Loss of procedural • Lack of embedded
protections environmental mandate
• Limited transparency, • No fixes for previous
accountability & environmental
regulator independence regulatory problems

8. What the future holds…
• AER operative for June 2013
• Regulations currently under development; 3
anticipated
– “Boundaries” as between AER & AESRD
– AER Rules of Practice
– Process regulation re: applications & participation

9. Keep in touch with the ELC
Ph: 1-800-661-4238
E-mail: elc@elc.ab.ca
www.elc.ab.ca
Blog:
http://environmentallawcentre.
wordpress.com