Application 1712215


Notice of Hearing
Application No. 1712215
Canadian Natural Resources Limited
Kirby Expansion Project



The Alberta Energy Regulator (AER) will hold a public hearing of Application No. 1712215. The date, time, and place of the hearing will be set after the submission filing deadline dates set out in this notice of hearing have passed.

If the AER does not receive any submissions from persons wishing to intervene or all interveners withdraw from the proceeding, the hearing may be cancelled and the AER will continue to process and may approve the application without a hearing.

Description of the Application
Canadian Natural Resources Limited (CNRL) has proposed to develop an area located in Townships 73, 74, and 75, Ranges 7, 8, and 9, West of the 4th Meridian, about 10 kilometres south of Conklin, Alberta, in Lac La Biche County. Some supporting infrastructure would be located outside this area in Township 73, Range 6, West of the 4th Meridian, and in Township 74, Range 10, West of the 4th Meridian. The proposed project is called the Kirby Expansion Project.

Over the expected 30-year life of the Kirby Expansion Project, development would include 72 new surface well pads and the expansion of the already approved central processing facilities, utilities, and associated infrastructure. The Kirby Expansion Project would use steam assisted gravity drainage (SAGD) thermal in situ technology to produce bitumen at an average rate of 13 515 cubic metres per day (m3/d) (85 000 barrels of bitumen per day [bbl/d]).

CNRL also proposes to amalgamate the existing AER approvals for the Kirby South and Kirby North projects within the proposed Kirby Expansion Project. Consequently, the proposed Kirby Expansion Project would result in a total bitumen production and processing capacity from the existing and proposed Kirby projects of 22 260 m3/d (140 000 bbl/d). First production from the Kirby Expansion Project would begin in 2016.

In support of the project, CNRL has submitted the following:

  • Application No. 1712215 to the AER, under section 13 of the Oil Sands Conservation Act, for approval to expand the existing project areas and add bitumen production from the proposed Kirby Expansion Project.
  • Application No. 002-237382 to Alberta Environment and Sustainable Resource Development (ESRD) under the EPEA for construction, operation, and reclamation of the proposed Kirby Expansion Project.
  • An application (File No. 00303825) to ESRD under sections 37(1) and 50(1) of the Water Act to divert and use
    • 1 642 500 cubic metres per year (m3/yr)] of groundwater from the Empress aquifer for injection and utility,
    • 14 600 m3/yr of groundwater from the Muriel Lake Formation and/or Bonnyville Formation for camp or office purposes,
    • 305 000 m3/yr of surface water runoff from the plant sites, and
    • saline (brackish) groundwater from the Clearwater Formation as the primary source of make-up water for injection.
  • An environmental impact assessment (EIA) report is associated with the above applications. The EIA forms part of the application to the AER.

For a copy of the application, contact
Canadian Natural Resources Limited
2500, 855 – 2 Street SW
Calgary, Alberta  T2P 4J8
Attention: Anita Sartori
Telephone: 403-517-7188
Fax: 403-517-7428

Copies of the application are available to be viewed at the following locations

Stuart MacPherson Public Library
8702 – 91 Avenue
Lac La Biche, Alberta  T0A 2C0
Telephone: 780-623-7467

Fort McMurray Public Library
151 MacDonald Drive 
Fort McMurray, Alberta  T9H 5C5
Telephone: 780-743-7800

Bonnyville Municipal Library
4804 – 49 Avenue
Bonnyville, Alberta  T9N 2J3
Telephone: 780-826-3071 

To view the application and supporting documents, contact
AER Information Product Services Section
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4
Telephone: 1-855-297-8311 (toll free; press 2)
Viewing hours: 9:00 a.m. to 3:00 p.m.

To expedite your request, refer to this notice when requesting information.

Requirement to File a Written Submission
If you wish to be an intervener at the hearing, you must file a written submission even if you have already filed a statement of concern with the AER or with CNRL on this application.

Contents of a Submission
Submissions from persons wishing to intervene must be in writing and contain
a) a concise statement indicating
i) why you believe you may be directly and adversely affected by a decision of the AER on the application or why you should be permitted to make representations on the matter to assist the AER,
ii) the nature and scope of your intended participation, (i.e., whether you want to observe, make a statement, fully participate [provide evidence, cross examine, and make argument], or participate in some other manner),
iii) the disposition of the proceeding you advocate,
iv) a brief description of the evidence you intend to present including, if any, the types of expert reports you intend to submit (if after receiving submissions the AER decides you are an intervener, it will ask you to submit your evidence and may require additional information and submissions),
v) the reasons you believe the AER should decide in the manner you advocate, and
vi) your efforts to resolve issues directly with the applicant;
b) your contact information including your name, address in Alberta, telephone number, fax number, if any, and an e-mail address;
c) if you have a representative, their name, address in Alberta, telephone number, fax number, if any, and an e-mail address; and
d) if you are acting on behalf of a group or association of persons, the nature of your membership in the group or association.

Section 49 of the Alberta Energy Regulator Rules of Practice (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.

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 dates listed under How to File a Submission if you intend to raise a question of constitutional law:
a) the constitutional question(s) you intend to raise;
b) the legal arguments you intend to make; and
c) the evidence you intend to rely on in support of your legal arguments.

Under section 21 of the Responsible Energy Development Act, the AER does not have jurisdiction to assess the adequacy of Crown consultation associated with the rights of Aboriginal peoples as recognized and affirmed under the Constitution Act, 1982.

How to File a Submission
Submissions must be filed before 4:00 p.m., on the filing dates below.

December 9, 2013 - Final date for submissions by all interested parties.
December 20, 2013 - Final date for response submissions from CNRL.

Submissions must be compatible with AER systems and should be PDF documents with bookmarks, page numbers, and optical character recognition. Send one copy of your submission to CNRL at the name and address above and one copy to Jennifer Koppe either by e-mail at or by mail to

Jennifer Koppe, Application Coordinator
Applications Branch, Facilities Applications Group
Alberta Energy Regulator
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4

If you are unable to provide electronic submissions, written submissions can also be sent to Jennifer Koppe at the address above or by fax to 403-297-4117.

Compensation Issues
Submissions relating exclusively to compensation for land use are not dealt with by the AER and should be referred to the Alberta Surface Rights Board.

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 either Melinda Gonie (phone 403-297-6296;
e-mail or Jennifer Koppe (phone 403-297-8288; e-mail

Issued at Calgary, Alberta, on November 19, 2013.

Patricia M. Johnston, Q.C., General Counsel