A statement of concern is a written submission that outlines specific concerns about an application that has been submitted to the AER.
As outlined in section 32 of the Responsible Energy Development Act, any person who believes they may be directly and adversely affected by an application may file a statement of concern.
The following summarizes the information the AER requires and the process to follow when filing statements of concern about a specific application. It includes links to relevant submission procedures and guidance documents.
Processes not included in this documentation:
If you have concerns after an application has been approved, you may be able to request a regulatory appeal under section 38 of the Responsible Energy Development Act. The filing requirements and process for a regulatory appeal request, including form, content, and time limits, are set out in sections 30 through 33 of the Alberta Energy Regulator Rules of Practice.
If you have preapplication concerns about a proposed activity, you should submit them directly to the company. You may also submit concerns to the AER’s Stakeholder and Government Relations Division (SGR) by e-mail at firstname.lastname@example.org. We expect applicants to send the notice of application directly to anyone who has previously raised concerns about the proposed energy development or activity to give them time to submit a formal statement of concern. For more information please see our Preapplication Concern Fact Sheet.
All applications are published on the Public Notice of Application (PNoA) page on the AER website to encourage public participation in the approval process. Applications filed with the AER in the last 30 days are searchable by keyword or location; they fall under two broad categories: expedited and non-expedited.
We expect applicants to send the notice of application directly to anyone who has previously raised concerns about the proposed energy development or activity to give them time to submit a formal statement of concern. If you still have concerns once the application is filed, you must submit a statement of concern, even if you previously raised preapplication concerns.
When filing a statement of concern with the AER, it is important to include enough information for it to be registered. As outlined in section 6 of the Alberta Energy Regulator Rules of Practice, a statement of concern must include the following information:
Statements of concern must be submitted to the applicant as well as to the AER at ARCTeam@aer.ca.
Our application process is public. This includes statements of concern that are placed on the public record, unless a request for confidentiality is filed under section 49(2) of the Alberta Energy Regulator Rules of Practice.
Statement of Concern Application Review
The processing time from receipt of a statement of concern to notification of registration is two business days. The AER aims to meet these targets 95 per cent of the time.
Each statement of concern is unique, as is each application, and application details are carefully reviewed. As a result, review process timelines will vary to ensure that we continue to meet our mandate for efficient, safe, orderly, and environmentally responsible development of energy resources.