- the type of decision, and
- the person’s relationship to the activity or facility approved in the decision.
Decisions may be appealed when
- we make a decision on an application under an energy resource or specified enactment without a hearing;
- we make a decision under an energy resource or specified enactment that is appealable. This includes reclamation certificates and certain types of enforcement actions; and
- the person requesting the appeal demonstrates that he or she is directly affected by the decision.
What do you want to know about?
- Who may submit a request for appeal
- How to submit a request
- Withdrawing an appeal request
- Alternative dispute resolution
- Hearing of appeal
- Our decision
- Court of Appeal
- Information collection
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Who May Submit a Request for Appeal
A request for appeal must be filed by an “eligible person” and relate to an “appealable decision,” as defined in section 36 of REDA. In general, an eligible person is
- any person who is directly and adversely affected by a decision of the AER under an energy resource enactment,
- any person who is permitted under the specified enactments to file a notice of appeal under those enactments, or
- any other person described in the regulation.
Specific definitions for an “eligible person” and “appealable decision” are listed in
- Public Lands Administration Regulation: sections 211(a), (b), (c), and (g) through (n);
- Water Act: sections 115(1)(a)(i), (b)(i), (c)(i), (d) through (i), (m), and (p) through (r); and
- Environmental Protection and Enhancement Act: sections 91(1)(a)(i), (b), (c), and (e) through (p).
Submit a Request
A request for regulatory appeal must be submitted within our filing deadlines in the Alberta Energy Regulator Rules of Practice. To file an appeal, our Request for Regulatory Appeal form must be completed.
Submission deadlines vary according to the provincial legislation a decision falls under.
Where to Send the Form
The form and supporting documents may be submitted by email 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 appeal must provide a copy to
- the approval holder,
- the registered owner of the land associated with the energy resource activity that is the subject of the request for the regulatory appeal, and
- any other person we require.
Reasons for Potential Dismissal
Please note that we may dismiss the request if
- it does not relate to an appealable decision;
- it is not filed by an eligible person;
- we consider it to be frivolous, vexatious, or without merit;
- the requestor did not file a statement of concern about 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 Alberta Energy Regulator Rules of Practice.
Withdraw an Appeal
If the person who filed the request for appeal decides not to proceed, a written letter of withdrawal must be sent to the AER at the above address.
Alternative Dispute Resolution
Alternative dispute resolution (ADR) is available in an appeal. As part of the ADR, we might request or direct a person to attend an alternative dispute resolution meeting. In a regulatory appeal, ADR can include direct negotiation between the parties. In other cases, AER hearing commissioners can conduct ADR.
If ADR is unsuccessful—or if the appeal does not go to ADR—we will proceed to a hearing.
Hearing of Appeal
An AER hearing is a formal proceeding for an appealable decision.
The hearing commissioners set the process for the hearing, at which they will hear the substantive issue of the appeal. Hearings can be written, oral, electronic, or some combination.
We will publish the hearing panel’s decision report within 90 days of the close of a hearing. The report outlines
- all hearing participants’ positions,
- the panel’s decision, and
- our reasons for the decision.
Court of Appeal
An application for permission to appeal an AER decision may be made to the Court of Appeal of Alberta on questions of jurisdiction or law, i.e., whether the AER had the authority to make the decision or whether the AER erred in law in coming to the decision. The application to the Court of Appeal of Alberta for permission to appeal the decision must be made within one month after the AER issues a decision. In certain circumstances, the court may grant an extension.
Information from a request for regulatory appeal will be collected to allow us to perform our regulatory function. We will gather information under the authority of the Freedom of Information and Protection of Privacy Act, section 33(a) and (c). We may collect personal information if it relates directly to and is necessary for processing the appeal. The information provided is a matter of public record.