Having Your Say at an AER Hearing - EnerFAQs

It's a public forum where those who may be directly and adversely affected by an application for an energy project may participate. An energy project includes the infrastructure to responsibly develop oil, gas, oil sands, coal, minerals, and deep geothermal resources, such as wells, facilities, and pipelines. An AER hearing is a formal and quasi-judicial proceeding. It provides a level playing field for all participants who can know and question the positions of others. This forum allows the hearing commissioners to make a fully informed decision. A hearing may also be held where a request for a regulatory appeal has been granted.

The AER may decide to conduct a hearing when a statement of concern is filed for a proposed project. Applications for energy resource development can create community concern or a need for more information; however, these matters are often settled through an alternative dispute resolution (ADR) process. A hearing is not required when no statements of concern are filed with the AER or matters have been settled through ADR. Also, if the AER determines that no one is directly or adversely affected by the proposed project, a hearing might not be held. For more information, see the ADR page.

The AER issues a notice of hearing to inform people and organizations about its decision to hold a hearing. Notices are available on our website and may also be published in newspapers.

Companies involved in large projects usually hold an open house to explain their proposed project, answer questions, and address concerns.

The initial notice of hearing provides interested persons with the following information:

• the application number and nature of the application
• a description of the project
• how to get information about the hearing 
• how to apply to participate in the hearing
• the relevant rules under the Alberta Energy Regulator Rules of Practice including the rule that documents filed must be placed on the public record subject to an application for confidentiality
• how to get information on cost recovery if you participate in a hearing

Yes. By submitting a request to participate, you may be granted participation in a hearing if the AER has decided to proceed to a hearing and has agreed that an energy, geothermal or mineral resource development project may directly and adversely affect you.

You must write a request to participate and submit it to the applicant and the AER by the deadline stated in the notice of hearing.

All written submissions from the applicant and participants become public documents. In this way, everyone can review everyone else’s submissions before the hearing and is better able to prepare responses.

Submissions must address the application in question and should not relate to general concerns about energy, geothermal or mineral resource development. Start by explaining where you live, work, or own land in relation to the site of the proposed project. Detail your views about the project and specify why and how you will be directly and adversely affected should the project proceed. The AER must decide on applications based on individual interests and broader factors, including the benefits of the project for all Albertans. If you simply oppose a project without providing solid reasons for doing so, the AER may decide that you are ineligible to participate in the hearing.

If you have concerns, suggest reasonable alternatives that could alleviate those effects. Explain what conditions you would like to see imposed on the operator if the application were approved. The AER cannot use unsubstantiated information. Support your beliefs with facts specifically related to the project and include written materials you intend to use.

For a complete description of what to include in the request to participate, see the Alberta Energy Regulator Rules of Practice.

Once you have provided your written summary of concerns and objections about the proposed project to the applicant and the AER, you may need to prepare for the hearing.

The Alberta Energy Regulator Rules of Practice contain directions for proceedings before the AER. They explain how and what must be done during a proceeding. The AER expects all applicants and participants in AER matters to be familiar with the Rules of Practice.

Research and preparation of a submission can take time and effort. You may decide to form or join a group with other people in your area if they share your concerns or objections. A group submission can be helpful as it indicates broader support for the views expressed. Whether you prepare your submission alone or as a group, it is best to do thorough work and provide solid evidence to support your points of view.

Although there is no requirement that a lawyer represents you during the hearing, having a lawyer represent your interests may be a good idea. AER hearings are like a civil case before a judge. Lawyers are trained to present cases, cross-examine witnesses, and argue on what the AER’s decision should be. The lawyer can also assist in arranging for experts to support your case.

To qualify for the recovery of costs, a participant must file a costs claim with the AER. Costs may arise from researching and preparing your submission, hiring a lawyer, and attending the hearing. The AER considers requests for participants’ costs and may order the applicant to pay them. Before spending any money, consult Directive 031: REDA Energy Cost Claims.

Every case is unique; hearings may last anywhere from one day to several weeks, depending on the nature of the application and the complexity of the issues.

Yes. AER hearings are open to the public to attend in person or virtually. Check the Current Hearings and Transcripts page to access live-stream audio and video broadcasts or a hearing transcript.

A hearing panel may be one hearing commissioner or a group of three hearing commissioners selected by the chief hearing commissioner. The hearing commissioners are the decision makers. A decision of the panel is the decision of the AER.

An AER hearing follows a formal process to ensure that everyone has a say:

• Opening remarks: The panel chair explains the purpose of the hearing and introduces the members of the panel and all AER staff in the room. Then participants in the hearing register an appearance and introduce themselves.
• Preliminary matters: Procedural and legal matters are presented, such as adjournment requests or scheduling of a witness at a particular time. 
• Applicant (present case): The applicant presents their case and may question their witnesses. Other participants, AER staff, and the panel may cross-examine those witnesses. Once cross-examinations are complete, the applicant may question the witnesses again to clarify any issues.
• Participants (present case): Participants present their cases in the same order they registered. After the participant gives direct evidence, the lawyer for the applicant may cross-examine, followed by the other participants who wish to cross-examine. AER staff and members of the panel may then cross-examine the participant. Following cross-examination, the participant may question the witnesses again to clarify any issues.
• Rebuttal evidence by applicant: After this, the applicant may submit additional evidence to address new points raised in the presentation of the evidence.
• Final argument or summation: Each participant may explain what they believe are the important aspects of the issues involved and what decisions they feel the panel should make. The applicant may respond to participants’ arguments.
• Closing of hearing: The panel chair announces that the hearing is complete and that the panel’s decision, with supporting reasons, will be given at a specific date.
• Decision Report: The report provides hearing panel’s final reasoning and decision on the application. It is distributed to all registered participants and is available to the public through the AER’s Data & Information Services and on the AER website.

The hearing panel will release its decision within 90 days of the close of a hearing. In exceptional cases, the timeframe for issuing the decision report may be extended. The decision report outlines the position of all hearing participants and gives the panel’s decision and reasons for the decision. The decision report is distributed to all participants and is available through the AER’s Data & Information Services and on the AER website.

Yes. In making its decisions, the hearing commissioners consider all valid concerns put forward by participants. If the project is approved, special conditions that reflect the specific concerns of participants may be attached to the decision.

Yes. An appeal of the AER’s decision may be made to the Alberta Court of Appeal on questions of jurisdiction or law, meaning that the AER did not have the authority to make the decision or made a mistake about the law. You must obtain permission to appeal the decision from the Court of Appeal by making an application for leave to appeal within one month after the hearing panel’s decision is issued. In certain circumstances, the court may grant an extension.

The AER enforces the conditions in the decision report through inspections and, where appropriate, government department follow-up. Responsible applicants do what they agree to and are required to do, and intensive follow-up is not required. However, if you think this is not the case, contact the nearest AER field centre and explain the problem. If your concern relates to coal mines, contact the AER head office in Calgary.

For more information on the AER and its processes or if you wish to speak to your local field centre or have questions about energy resource development in Alberta, contact the AER’s Customer Contact Centre: Monday to Friday (8:00 a.m. to 4:30 p.m.) at 1-855-297-8311 (toll free).

This document is part of the EnerFAQs series, which explains the AER’s regulations and processes relating to specific energy issues. Please visit www.aer.ca to read more of the EnerFAQs series.

Each year the AER collects, compiles, and publishes a large amount of technical data and information about Alberta’s energy development and resources for use by industry and the public. This includes raw data, statistics, hearing materials, and information on regulations, policies, and decisions.

Publications may be downloaded free of charge from the AER website or made available through the Products and Services Catalogue by contacting Data & Information Services (email: InformationRequest@aer.ca).