The Government of Alberta has informed the Alberta Energy Regulator (AER) that it will resume issuing subsurface agreements within caribou ranges for well-based commodities.
This bulletin informs industry that Ministerial Order 031/2026 applies to new tenure granted in caribou ranges not subject to a sub-regional plan in effect under the Alberta Land Stewardship Act. The ministerial order does not apply to previously existing subsurface agreements.
Direction to the AER
Under the ministerial order, we are directed not to issue surface dispositions in caribou ranges that create new disturbance or expand existing disturbance to access new Crown mineral tenure issued after September 2, 2026. The “no new disturbance condition” will apply to subsurface agreements issued after September 2, 2026, for all well-based energy activities (petroleum, natural gas, geothermal, and oil sands outside of the surface mineable area), brine hosted mineral activities, and subsurface reservoirs used for storage and sequestration for all related public lands dispositions.
The direction applies to Crown mineral tenure in caribou ranges not subject to a sub-regional plan in effect under the Alberta Land Stewardship Act. The ministerial order will be superseded in each caribou range once a sub-regional plan for that range takes effect under the Alberta Land Stewardship Act.
Application Expectations
- Before applying to the AER, proponents should determine whether the proposed activity is in a caribou range not subject to a sub-regional plan in effect under the Alberta Land Stewardship Act.
- Applicants should confirm whether the proposed surface disposition is intended to access Crown mineral tenure resulting from a subsurface agreement issued after September 2, 2026.
- Applicants should design projects that comply with Ministerial Order 031/2026.
- Applicants remain responsible for ensuring applications are complete, accurate, and consistent with all applicable legislation, regulations, AER requirements, the ministerial order, and Government of Alberta land-use policy.
Compliance and Monitoring
We will follow the ministerial order when considering surface disposition applications in caribou ranges. The direction applies to surface dispositions required to access Crown mineral tenure resulting from subsurface agreements issued after September 2, 2026; it does not replace other applicable legal or regulatory requirements.
All land-use applications are subject to an audit process.
If you have any questions about this bulletin, contact our Customer Contact Centre by phone at 1-855 297-8311 or by email at inquiries@aer.ca.
