Notice of Hearing
Regulatory Appeal
Proceeding ID 453
Canadian Natural Resources Limited
Regulatory Appeal of Administrative Penalty issued July 11, 2024
The Alberta Energy Regulator (AER) will hold a public hearing for a regulatory appeal of an administrative penalty issued under section 237(1) of the Environmental Protection and Enhancement Act (EPEA), on July 11, 2024, to Canadian Natural Resources Limited. The hearing will be scheduled after requests to participate are filed. If the request for the regulatory appeal is withdrawn, the hearing will be cancelled.
Description of the Proceeding
On August 9, 2024, the AER received a request for regulatory appeal, under Part 2, Division 3 of the Responsible Energy Development Act (REDA) and Part 3 of the Alberta Energy Regulator Rules of Practice (Rules of Practice), of the AER’s decision to issue an administrative penalty under section 237(1) of EPEA. The administrative penalty was issued to Canadian Natural Resources Limited for failure to store a hazardous substance in a manner that ensured that the hazardous substance did not directly or indirectly come into contact with any animals, contrary to section 155 of the EPEA. The incident occurred at Horizon Oil Sands Processing Plant and Mine, Tar River Valley, located at 10-31-096-12W4M; approximately 60 kms north of Fort McMurray in the Regional Municipality of Wood Buffalo
The AER granted the request for the regulatory appeal on December 10, 2024.
The purpose of the hearing is to determine whether the AER should confirm, vary, suspend, or revoke its decision to issue the penalty.
Where can I find information about the hearing?
All hearing exhibits filed in proceeding 453 are publicly available and can be found on the AER’s website using the public records system found at https://apps.public.aer.ca/hearing/.
To find out more about AER hearing procedures, see Manual 003: Participant Guide to the Hearing Process or contact the hearing coordinator.
Nerissa Hymers, Hearing Coordinator
Alberta Energy Regulator
Suite 1000, 250 – 5 Street SW
Calgary, Alberta T2P 0R4
Email: Hearing.Services@aer.ca
Phone: 780-422-2728
How can I apply to participate in the hearing?
Canadian Natural Resources Limited and the AER’s Regulatory Compliance Branch are parties to this regulatory appeal. However, they must confirm their intention to participate in the hearing and the nature and scope of their participation in writing by February 21, 2025.
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. Requests to participate are placed on the public record of this proceeding.
Your request to participate must contain the following:
- a copy of your statement of concern, if applicable;
- a concise statement indicating
- why you may be directly and adversely affected by a decision of the AER on the regulatory appeal, or
- 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 evidence presented by other parties in the regulatory appeal;
- the outcome of the regulatory appeal that you advocate;
- the nature and scope of your intended participation;
- your contact information;
- if you have a representative, their contact information;
- if you are acting on behalf of a group or association of people, the nature of your membership in the group or association; and
- 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
February 21, 2025 | Final date to file a request to participate. |
February 28, 2025 | Final date to submit responses to any request to participate. |
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. 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. You should assume that anything you submit will be available online to the public. 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 Land and Property Rights Tribunal (formerly the Surface Rights Board).
Consultation with Alberta’s First Nations and Métis settlements and assessment of its adequacy are managed by the Aboriginal Consultation Office.
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 February 7, 2025.
ALBERTA ENERGY REGULATOR
