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Proceeding ID 462

Notice of Hearing

Notice of Hearing
Regulatory Appeal
Proceeding ID 462
B & G Bauer Farms Ltd.
Regulatory Appeal of a Partial Reclamation Certificate

The Alberta Energy Regulator (AER) will hold a public hearing for a regulatory appeal of the AER’s decision to issue Partial Reclamation Certificate No. 32503778. 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 If the request for the regulatory appeal is withdrawn, the hearing will be cancelled.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 January 29, 2025, the AER received a request for regulatory appeal from B & G Bauer Farms Ltd. (Bauer Farms) under Division 3 of the Responsible Energy Development Act and Part 3 of the Alberta Energy Regulator Rules of Practice (Rules of Practice), of the AER’s decision to issue Partial Reclamation Certificate No. 32503778 to Ember Resources Inc. on February 1, 2024. 

The AER granted the request for the regulatory appeal on July 8, 2025.

The purpose of the hearing is to determine whether the AER should confirm, vary, suspend, or revoke its decision to issue the partial reclamation certificate.

Where can I find information about the application and the hearing?
All hearing exhibits filed in proceeding 462 are publicly available and can be found on the AER’s website using the public record 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 coordinators. 

Contacts
Andrew Lung, Hearing Coordinator
Alberta Energy Regulator
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4
Email: Hearing.Services@aer.ca 
Phone: 403-297-6797

How can I apply to participate in the hearing?
Bauer Farms, Ember Resources Inc., and the AER’s Enterprise Reclamation Group 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 September 12, 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 
a)    a copy of your statement of concern, if applicable;
b)    a concise statement indicating
       i)    why you may be directly and adversely affected by a decision of the AER on the regulatory appeal, 
      ii)    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 that is the subject 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
September 12, 2025     Final date to file a request to participate.
September 19, 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. 

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.

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.

Issued at Calgary, Alberta, on August 28, 2025.
ALBERTA ENERGY REGULATOR