Regulatory Appeal Process

 

Regulatory Appeal Process

(Click to enlarge)

Filing an appeal

A request for a regulatory appeal must be filed in accordance with regulatory timeframes and the Alberta Energy Regulator Rules of Practice. To file an appeal, complete the Request for Regulatory Appeal form.

The form and associated documents can be submitted by e-mail to RegulatoryAppeal@aer.ca, by fax to 403-297-7031, or by regular mail to
Alberta Energy Regulator
Regulatory Appeal Coordinator, Law Branch
Suite 1000, 250 - 5 Street SW
Calgary, Alberta T2P 0R4  

A person who files a request for regulatory appeal must provide a copy of the request for regulatory appeal to

  • the approval holder,
  • the registered owner of the land associated with the energy resource activity that is subject of the request of the regulatory appeal, and
  • any other person the regulator requires.

It should be noted that the regulator may dismiss the request for regulatory appeal if

  • the request does not relate to an appealable decision;
  • the request is not filed by an eligible person;
  • the regulator considers the request to be frivolous, vexatious, or without merit;
  • the regulator considers the request is not properly before it;
  • the requestor did not file a statement of concern in respect of an application;
  • the request for regulatory appeal was not filed within the specified time limits; or
  • the request for regulatory appeal was not in compliance with the information requirements set out in the AER Rules of Practice.

Withdrawing an appeal
Should a requestor decide not to proceed with an appeal, a written letter of withdrawal should be delivered to the AER (address provided above). 

Alternative dispute resolution
Alternative dispute resolution is available in a regulatory appeal. The AER may request a dispute resolution meeting or direct a person to attend a dispute resolution meeting. In a regulatory appeal, alternative dispute resolution can include direct negotiation between the parties or can be conducted by an AER hearing commissioner. 

Hearing of appeal
An AER hearing is a formal proceeding about an appealable decision.

If alternative dispute resolution is unsuccessful or if the appeal does not go to alternative dispute resolution, the AER will proceed to a hearing on the appeal. The hearing commissioners set the process for the hearing, at which they will hear the substantive issue of the appeal. The hearing may be written, oral, electronic, or some combination.  

Decision
Within 90 days of the close of a hearing, the AER will publish the hearing panel’s written decision on the matter. The decision report outlines the position of all hearing participants and includes the panel’s decision and reasons for the decision. The decision report is then distributed to all parties and is made available on the AER’s website and through the AER’s Information Product Services Section. 

Court of Appeal
An appeal of the AER’s decision may be made to the Alberta Court of Appeal on questions of jurisdiction or law, meaning whether the AER had the authority to make the decision or whether the AER erred in law. Permission to appeal the decision must be obtained from the Court of Appeal within one month after the panel’s decision report is issued. In certain circumstances, the court may grant an extension.  

Important Notice:
The request for regulatory appeal must be filed by an “eligible person” and relate to an “appealable decision,” as defined in section 38 of REDA. For the specified enactments, these are listed in sections 211(a), (b), (c), and (g) through (n) of the Public Lands Administration Regulation; sections 115(1)(a)(i), (b)(i), (c)(i), (d) through (i), (m), and (p) through (r) of the Water Act; and sections 91(1)(a)(i), (b), (c), and (e) through (p) of the Environmental Protection and Enhancement Act.

Please be aware that the information collected via the request for regulatory appeal is necessary to allow the AER to perform its function. The information is collected under the authority of the Freedom of Information and Protection of Privacy Act, section 33(c). Section 33(c) provides that personal information may only be collected if that information relates directly to and is necessary for the processing of your appeal. The information that you provide is a matter of public record.