In December, the Responsible Energy Development Act
was passed, which creates a single regulator for oil, gas, oil sands and coal projects in the province. Consultations about the regulations under this new Act are now complete.
On April 29, the Lieutenant Governor in Council appointed
Jim Ellis
as CEO of the new Alberta Energy Regulator, following an open, national competition. This follows the April 1st appointment of Gerry Protti as Board Chair of the Alberta Energy Regulator.
Consultations
This spring, we hosted over 25 sessions for the new Alberta Energy Regulator, seeking feedback for how Albertans want to be notified about energy projects in their community. The survey will open until June 1, 2013.
If you have questions about the consultations please contact us.
What We Heard
The Government of Alberta hosted public sessions across the province in February and March, seeking feedback on regulations for the new Alberta Energy Regulator. We committed to providing a What We Heard report, as well as a copy of the presentation given at the session.
What We Heard
Public Consultation Feedback
Presentation
How we got here
The Act was passed in December, the new Alberta Energy Regulator will be responsible for all projects from application to reclamation. It will bring together the regulatory functions from the Energy Resources Conservation Board and the Ministry of Environment and Sustainable Resource Development into a one-stop shop. Project proponents, landowners, industry and Albertans will know where to go when they have a question about energy regulations in this province.
The new regulator is expected to begin a phased in approach to operations in June 2013.
Where we’re going
Under the Responsible Energy Development Act, the new regulator will operate at arm’s length from the Government of Alberta, under the direction of an appointed board of directors and chief executive officer.
The legislation also gives the regulator the authority to administer the Public Lands Act, the Environmental Protection and Enhancement Act and the Water Act, with regards to energy development.
In addition to the single regulator, the Government of Alberta is making improvements to how it sets energy-related policy. Policy direction for the province will continue to be set by the government, through a newly-created Policy Management Office.
The office will be responsible for providing clear policy guidance to the new regulator. The Policy Management Office is also tasked with creating an effective process to engage Albertans in the policy-making process earlier, rather than after decisions are made. The office is also tasked with developing performance measures.
The single regulator is one part of the province’s commitment to improve integration of its resource system. This integration sets and achieves the environmental, economic and social outcomes Albertans expect from resource development, while maintaining the social licence to develop resources.
In addition to creating the single regulator, the province is completing and implementing regional plans. In August, the province released its first land-use plan for the Lower Athabasca Region. On Oct. 17, 2012, the province announced another component of its integrated resource system – an environmental monitoring system.
Minister Hughes talks about the Responsible Energy Development Act
How the act balances growth in the province, with our strong environmental commitment.
How the act has important safeguards for landowners.
How the act will have a fair review process.
Energy Minister Ken Hughes talks about Bill 2, the Responsible Energy Development Act.
What is the Regulatory Enhancement Project?
The Regulatory Enhancement Project started in 2010. The province established a task force to look at how our province regulates its energy resources with a goal of creating a system that delivers the results Albertans want and that provides clarity, predictability, certainty and efficiency.
The task force, chaired by now-Environment and Sustainable Resource Development Minister Diana McQueen, made six recommendations to government to simplify what has become an increasingly complex system.
They were:
- Establish a Policy Management Office to ensure the integration of natural resource policies, and provide an interface between policy development and policy assurance;
- Establish a single regulatory body with responsibility for oil, gas, oil sands and coal activity;
- Provide clear public engagement processes;
- Develop a systemic and common risk assessment and management approach;
- Adopt a performance measurement framework and public reporting mechanism;
- Develop an effective mechanism to address landowner concerns.
How will the new system be an improvement?
This is a made-in-Alberta approach for the responsible development of energy resources, that we are confident will stand up to international scrutiny. Our province and its resources are unlike any other, and require a unique approach that fits our needs.
Through the REP initiative, we will work to engage Albertans sooner, rather than later, in the policy development process. The new regulator will have the ability to be nimble, efficient and effective to ensure the processes are clearer and more consistent.
Through REP, we are laying the foundation for the next 50 years of rigorous, energy-related regulation in the province.
What will the new regulator be responsible for?
The new regulator will be established by a new Act and have broader jurisdiction over energy resource activities. It will be the decision-maker for oil, gas, oil sands and coal activity under the existing energy public lands, water and environmental statutes.
Energy projects will be regulated under the same public lands and environmental legislation as non-energy resource activities.
Government will still administer the Public Lands Act, Environmental Protection and Enhancement Act and Water Act for non-energy resource projects.
Does REP address our environmental requirements?
The Regulatory Enhancement Project is part of a government initiative to integrate our resource management system.
As a government, we are looking ahead and considering where people want to live, work and play. We’re building regional plans that address the unique aspects of each region and the vision for the province.
Recently, the Government released its first land use plan, for the Lower Athabasca area. Additional key components to the integrated system include REP and development of a world class environmental monitoring system.
How will Albertans know about project applications?
The legislation requires the regulator to provide all Albertans notice about project applications across the province. This is an improvement over the current system that allows the regulator to make decisions without providing notice.
How will appeals be handled?
The single regulator will have authority over all decision and review processes, and there are provisions for applying to the Court of Appeal.
Under this new system, the decision-making process will be streamlined. It will create a better opportunity for stakeholders to have input into the process before decisions are made, rather than having to challenge a decision after it’s made.
If you were missed during the notification process and a decision has been made, if you are directly and adversely affected, you can request a regulatory appeal.
How will disputes be resolved?
The legislation gives the single regulator the authority to require that both parties participate in an alternative dispute resolution process when appropriate to do so.
How will landowner concerns be addressed by the new regulator?
Landowners may register private surface agreements with the single regulator. Simply put, landowners can then request the regulator to determine if industry is complying with the terms and conditions of the agreement. If the regulator finds that industry is not complying, it may issue an order directing industry to comply.
If landowners prefer, they can choose to keep their agreements private. This provision applies to new agreements only.
