On Wednesday, the Alberta Government tabled Bill 7, the
Responsible Energy Development Amendment Act,
("Act"). If passed, the Act would allow
Cabinet to specify time limits for the review and approval of
energy projects by the Alberta Energy Regulator
("AER"). Bill 7 is intended to provide
project proponents and other applicants with greater certainty as
to approval timelines.
Bill 7 does not prescribe the maximum timelines, rather it
authorizes Cabinet to approve regulations establishing same (see s.
60(2) of Bill 7). In doing so, Bill 7 removes the requirement that
the AER must make a written decision, with reasons, within
"the time prescribed by the rules" after the completion
of:
- a hearing on an application (s. 35(1));
- a regulatory appeal (s. 41(1)); or
- a reconsideration (s. 44(1)).
- (a) to establish time limits on the exercise of powers, duties and functions by the Regulator;
- (b) to establish time limits in respect of any process, hearing or decision concerning which the Regulator may make rules under this Act or any other enactment.
The government is hopeful that the changes proposed by Bill 7 will assist in restoring predictability to the regulatory process without sacrificing rigor in conducting assessments of proposed projects. Whether the imposition of deadlines will be effective in achieving this goal remains to be seen.
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