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Notice of Application
OSCA Application No. 1941691
Water Act Application Nos. 026-00151636 and 013-00190012
Fort Hills Energy Corporation  
Fort Hills Oil Sands Project

The Alberta Energy Regulator (AER) has received Oil Sands Conservation Act (OSCA) application No. 1941691 and Water Act (WA) applications 026-00151636 and 013-00190012 from Suncor Energy Operating Inc. (SEOI), on behalf of Fort Hills Energy Corporation (FHEC), for approval of the Fort Hills Aurora Pillar (FHAP) dam. The AER is reviewing the applications together with the supporting documents.

This notice also sets out the deadline for filing statements of concern on these applications. See the section below on how to file a statement of concern for filing dates.

Description of the Applications
Suncor Energy Operating Inc. (SEOI), on behalf of Fort Hills Energy Corporation (FHEC), has applied under the Oil Sands Conservation Act (OSCA) and the Water Act for approval of the geotechnical design and the construction of an in-situ tailings containment dam, known as the Fort Hills Aurora Pillar (FHAP), and to amend the Water Act fenceline for the Fort Hills Oil Sands Project (FHOSP) to include the approximately 2.5 kilometres (km) long FHAP dam. The FHAP design report was submitted pursuant to Condition 10 of OSCA Scheme Approval No. 9241I, to Water Act Approval 151636-01-00 (as amended), to Water Act Licence 00190012-01-00 (as amended), and to Part 6 (Dam and Canal Safety) of the Water (Ministerial) Regulation.

The FHAP dam will be constructed at the boundary between Syncrude Canada Ltd. (Syncrude’s) Oil Sands Lease 10 and Lease 932 of Fort Hills Energy L.P. (FHELP) in Sections 16, 17, 18, 19, 20 and 21 of Township 96, Range 10 and West of the 4th meridian and will provide separation between the Aurora Center Pit North (ACPN) and the Fort Hills South Pit (FHSP) tailings storage areas. The construction of the FHAP dam is scheduled to commence in 2023 and be completed in 2027.

For a copy of the applications, contact
Fort Hills Energy Corporation
150 – 6 Avenue S.W.
Calgary, Alberta  T2P 3E3
Attention: Michael Robinson
Telephone: 403-296-6120
Email: @email.

To receive a copy of the applications and supporting documents, submit an information request, as outlined at, to

AER Information Distribution Services 
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4
Telephone: 1-855-297-8311 
(toll free; option 0)

Refer to this notice when requesting information for a faster response.

Requirement to File a Statement of Concern 
If you have concerns with these applications, you must file a statement of concern as described below. If you do not file a statement of concern, the AER may approve the applications without further notification.

How to File a Statement of Concern
For your submission to be considered a valid statement of concern, it must be filed by 11:59 p.m. on February 13, 2023. Send one copy of your statement of concern to Fort Hills Energy Corporation at the name and address above and one copy either online via the AER’s web-based form or by mail or email:


Mail or email:
Regulatory Applications 
Alberta Energy Regulator 
Suite 1000, 250 – 5 Street SW 
Calgary, Alberta T2P 0R4 
Fax: 403-297-7336
Email: @email

Contents of a Statement of Concern
For your submission to be considered a valid statement of concern, it must include

  1. why you believe that you may be directly and adversely affected by a decision of the AER on the applications;
  2. the nature of your objection to the applications;
  3. the outcome of the applications that you advocate;
  4. the location of your land, residence, or activity in relation to the location of the energy resource activity that is the subject of the applications; and
  5. your contact information, including your name, address in Alberta, telephone number, and email address or, if you do not have an email address, your fax number.

The AER also requests that you include the application numbers in your statement of concern.

Section 49 of the Alberta Energy Regulator Rules of Practice (Rules of Practice) requires that all documents and information filed in a proceeding be placed on the public record. This includes any filed statements of concern. If you file a submission, 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. Section 49(2) of the Rules of Practice states how to apply to the AER for an order to keep information confidential. The Rules of Practice is available on the AER website at

Submissions relating exclusively to compensation for land use are not dealt with by the AER and should be referred to the Land and Property Rights Tribunal (formerly the Surface Rights Board).

Under section 21 of the Responsible Energy Development Act, the AER does not have the jurisdiction to assess the adequacy of Crown consultation associated with the rights of aboriginal peoples as recognized and affirmed under the Constitution Act, 1982.

For information on AER procedures, contact the regulatory applications specialist, Erin Wadsworth, by phone at 403-297-4104 or by email to @email.

Issued at Calgary, Alberta, on January 12, 2023.