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Notice of Hearing
Regulatory Appeal
Proceeding ID 440
Canadian Natural Resources Limited

The Alberta Energy Regulator (AER) will hold a public hearing for a regulatory appeal of the AER’s decision to cancel reclamation certificate 30002609. 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 If the request for the regulatory appeal is withdrawn, the hearing will be cancelled.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 October 6, 2020, Canadian Natural applied to the AER for a reclamation certificate related to an abandoned well site located at 08-35-056-05-W4. The application was registered as Application 30002608.

On January 28, 2021, the AER’s Enterprise Reclamation Group (ERG) approved Application 30002608, and Reclamation Certificate 30002609 was issued to Canadian Natural.

The landowner filed a request for regulatory appeal regarding the AER’s decision to issue Reclamation Certificate 30002609, and after a further review of Application 30002608 by ERG, on October 17, 2022, the AER gave notice to Canadian Natural that reclamation certificate 30002609 had been cancelled pursuant to section 139(1)(c) of the Environmental Protection and Enhancement Act (EPEA) and is considered never to have been issued.

The reasons for the cancellation were: A complaint inspection held on September 8, 2022, showed that the site fails the reclamation criteria requirements related to soil rooting restrictions, soil compaction, root matting and soil layering. The complaint inspection also showed vegetation failures with respect to plant height and head length in the areas with soil concerns on site.

On November 15, 2022, Canadian Natural submitted a request for regulatory appeal in relation to the AER’s Decision to cancel Reclamation Certificate 30002609.

On August 31, 2023, the AER approved the request for regulatory appeal.

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

Where can I find information about the hearing?
To view or receive a copy of the hearing materials, or for information on AER procedures, contact
Tara Wheaton, Hearing Coordinator
Alberta Energy Regulator
Suite 1000, 250 – 5 Street SW
Calgary, Alberta T2P 0R4
Email: @email
Phone: 403-297-8288

How can I apply to participate in the hearing?
Canadian Natural Resources Limited, 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 October 16, 2023.

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

  1.  a copy of your statement of concern, if applicable;
  2. a concise statement indicating
    1. why and how you may be directly and adversely affected by a decision of the AER on the regulatory appeal, or
    2. 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 the evidence presented by the other parties in the regulatory appeal; 
  3. the outcome of the regulatory appeal that you advocate;
  4. the nature and scope of your intended participation;
  5. your contact information;
  6. if you have a representative, their contact information;
  7. if you are acting on behalf of a group or association of persons, the nature of your membership in the group or association; and
  8. 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

October 16, 2023

Final date to file a request to participate.

October 23 2023

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 October 2, 2023.