Legal Header

Project Application

Notice of Hearing
Regulatory Appeal
Proceeding ID 366
Husky Oil Operations Limited
Regulatory Appeal of Reclamation Certificate

The Alberta Energy Regulator (AER) will hold a public hearing for a regulatory appeal of reclamation certificate 103730 issued on October 3, 2017. This notice sets out how to request to participate in the hearing. The hearing will be scheduled after requests to participate are filed.

Description of the Proceeding
Husky Oil Operations Limited (Husky) applied for a reclamation certificate for a well site and access road in Legal Subdivision 16, Section 5, Township 62, Range 4, West of the 4th Meridian, about 4.3 kilometres northeast of the hamlet of Fort Kent (see map below). The AER issued the reclamation certificate on October 3, 2017. 

On December 12, 2017, the AER received from B. Chartrand a request for a regulatory appeal, under Part 2, Division 3, of the Responsible Energy Development Act and Part 3 of the Alberta Energy Regulator Rules of Practice (Rules of Practice), of its decision to issue this reclamation certificate.

The AER issued its decision to hold a hearing on May 16, 2018. The purpose of the hearing is to determine whether the AER should confirm, vary, suspend, or revoke its decision to issue the reclamation certificate.

Where can I find information about the hearing?
To view or receive a copy of the hearing materials, or for information on AER procedures, contact
Tammy Turner,Hearing Coordinator
Alberta Energy Regulator
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4
Email: Hearing.Services@aer.ca
Phone: 403-297-3232

Who are the current parties to this appeal?
Mr. Chartrand, Husky, and the AER’s Reclamation Group are parties to this regulatory appeal. As parties, they may participate in the hearing and do not need to submit a request to participate. However, they must confirm their intention to participate in the hearing and the nature and scope of their participation no later than noon on July 17, 2018.

How can I apply to participate in the hearing?
If you are not already a party to the regulatory appeal and want to participate in the hearing, you must submit a written request to participate.
Your request to participate must contain

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

b) a concise statement indicating

  1. why  you may be directly and adversely affected by a decision of the AER on the regulatory appeal , or
  2. if you will not be directly and adversely affected by a decision of the AER on the regulatory appeal, explain
    • what the nature of your interest in the matter is and why you should be permitted to participate,
    • how your participation will materially assist the AER in deciding the subject matter of the regulatory appeal,
    • how you have a tangible interest in the subject matter of the regulatory appeal,
    • how your participation will not unnecessarily delay the regulatory appeal, and
    • how you will not repeat or duplicate the evidence presented by the other parties in the regulatory appeal;

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

d) the nature and scope of your intended participation;

e) your contact information;

f) if you have a representative, their contact information;

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

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.

Send the request to the hearing coordinator. Submissions should be PDF documents with bookmarks, page numbers, and optical character recognition.

Filing deadlines

July 17, 2018 - Final date to file a request to participate. Must be received no later than noon.

July 24, 2018 - Final date to submit responses to any request to participate. Must be received no later than noon.

Is this a public process?
Yes. Section 49 of the Rules of Practice requires that all documents and information filed for 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.

What is outside of the AER’s jurisdiction?
Compensation for land use is not dealt with by the AER and should be referred to the Alberta Surface Rights Board.

If my request to participate is approved, can I apply to get reimbursed for hearing-related costs?
If you are participating in a hearing, you may be eligible to have some of your costs paid.  Directive 031: REDA Energy Cost Claims explains how and when to apply.

Issued at Calgary, Alberta, on June 26, 2018.
ALBERTA ENERGY REGULATOR