Application 1837447

Notice of Hearing
Regulatory Appeal
Proceeding ID 338
Canadian Natural Resources Limited
Boundary Lake South Field

The Alberta Energy Regulator (AER) will hold a public hearing on regulatory appeal no. 1837447. The hearing will be scheduled after requests to participate are filed.

Description of the Proceeding
Canadian Natural Resources Limited (CNRL) applied to the AER for a reclamation certificate for a well site and access road in Legal Subdivision 11, Section 9, Township 83, Range 13, West of the 6th Meridian. The AER refused to the issue the reclamation certificate, citing the deficiency of the application in terms of incompatible vegetation and the unacceptability of the exemption justification form.

On November 17, 2014, the AER received a request for a regulatory appeal under Part 1, Division 3, of the Responsible Energy Development Act and Part 3 of the Alberta Energy Regulator Rules of Practice (Rules of Practice) of the AER’s decision to refuse to issue the reclamation certificate.

The AER’s decision to set the matter down for a hearing was issued on September 9, 2015. The purpose of the hearing is to determine whether the AER should confirm, vary, suspend, or revoke its decision to refuse to issue a reclamation certificate.

For a copy of the hearing materials or for information on AER procedures, contact
Jennifer Koppe
Hearing Coordinator
Alberta Energy Regulator
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4
Phone: 403-297-8288

Requirement to Participate
CNRL and the AER’s Reclamation Programs Group are parties to this regulatory appeal.

If you are not already a party to the regulatory appeal and wish to participate in the hearing, you must file a request to participate in accordance with this notice.

Contents of a Request to Participate
A request to participate under section 32.1 of the Rules of Practice must be in writing and contain

a) a copy of your statement of concern, if applicable;

b) a concise statement indicating

    i) why you may be directly and adversely affected by a decision of the AER on the regulatory appeal, or

    ii) if you will not be directly and adversely affected by a decision of the AER on the regulatory appeal, what the nature of your interest in the matter is and why you should be permitted to participate;

c) if you will not be directly and adversely affected by the decision of the AER on the regulatory appeal, an explanation of how

    i) your participation will materially assist the AER in deciding the matter that is the subject of the regulatory appeal,

    ii) you have a tangible interest in the subject matter of the regulatory appeal,

    iii) your participation will not unnecessarily delay the regulatory appeal, and

    iv) you will not repeat or duplicate evidence presented by other parties;

d) the outcome of the regulatory appeal that you advocate;

e) the nature and scope of your intended participation;

f) your contact information, including your name, address in Alberta, telephone number, e-mail address or, if you do not have an e-mail address, your fax number;

g) if you are acting on behalf of a group or association of persons, the nature of your membership in the group or association;

h) your efforts, if any, to resolve issues associated with the proceeding directly with the party requesting the appeal or the approval holder, as the case may be; and

i) if you have a representative, their name, address in Alberta, telephone number, and e-mail address or, if they do not have an e-mail address, their fax number.

Section 49 of the Rules of Practice requires that all documents and information filed in a proceeding be placed on the public record. If you file a submission, you must not include any personal information that you do not want to appear on or are not authorized to put on the public record. Section 49(2) of the Rules of Practice states how to apply to the AER for an order to keep information confidential. The Rules of Practice is available on the AER website at

Questions of Constitutional Law
In addition to giving notice according to section 12 of the Administrative Procedures and Jurisdiction Act and schedule 2 of the Designation of Constitutional Decision Makers Regulation, you must include the following information in your submission and file it according to the date listed under How to File a Request to Participate if you intend to raise a question of constitutional law:

a) the constitutional question you intend to raise,

b) the legal argument you intend to make, and

c) the evidence you intend to rely on in support of your legal argument.

How to File a Request to Participate
Your submission must be filed before 1:00 p.m. on the filing date below.

November 19, 2015      Final date for interested parties to file a request to participate.

November 26, 2015     Final date for CNRL to respond to any requests to participate

Submissions must be compatible with AER systems and should be PDF documents with bookmarks, page numbers (with the first page in the document being numbered page one), and optical character recognition. Send one copy of your submission to the hearing coordinator at the address above.

Eligibility for Hearing-Related Costs for Participants
Participants in a hearing who intend to seek advanced payment or repayment of hearing-related costs must apply according to Directive 031: REDA Energy Cost Claims.

For information on AER procedures, contact the hearing coordinator.

Issued at Calgary, Alberta, on October 28, 2015.