News

The Responsible Energy Development Act (REDA) was first introduced to the provincial government on October 24, third reading was passed November 21 with Royal Assent on December 10, 2012. The speed in which this bill passed through the legislature, in addition to the fact no amendments proposed by opposition were adopted, is shocking.

The premise of REDA is logical: to reduce the amount of time and red tape for the energy sector to get proposals through the system. In terms of how the bill delivers this, there is reason for concern. It seems this bill was written only with the consideration of the northeast section of the province in mind and the rest of the province is forced to accommodate any consequences for the areas outside of this region.

The WSGA concerns regarding REDA are as follows:

• The Energy Resources Conservation Act (ERCA) is repealed under REDA. The landowner rights that were upheld in ERCA have not been adequately replaced in REDA.
• There is a lack of clarity when it comes to how REDA will interact with the Regional Plans and the Surface Rights Act.
• Landowner appeals are heard by the Board of Commissioners. There could be a question of subjectivity with the Board of Commissioners and also question the ability to appeal to the courts.
• The scope of who can be involved in energy proposals is narrowed from those who are 'directly affected' to those who are 'directly and adversely affected'. It can be up to the discretion of the Regulator to determine who can claim to be adversely affected.
• They are concentrating too much power in the Regulator. Couldn't there be the perception of a conflict of interest by bringing everything under one Regulator?

On January 10, 2013 the WSGA along with the Pekisko Group met with Minister Hughes to discuss the Responsible Energy Development Act. To view the notes from this meeting click here.

In the months ahead, the rules and regulations to REDA will be hammered out. Part of this process is consultation in which WSGA will be an active participant.

• Bill 2 with amendments
• Alberta Energy's website
• Alberta Energy Fact Sheet on REDA

University of Calgary Faculty of Law:

• An Overview of Bill 2: Responsible Energy Development Act – What are the changes and What are the issues?
• Bill 2 and its implications for landowner participation in energy project decision making
• REDA and the Water Act: cloudy confluences
• ABlawg – blog entries regarding REDA

University of Alberta Faculty of Law:

• Bill 2, Responsible Energy Development Act
• Professor Russ Brown blog entry "The Critics are Correct"

In the media:

• Freedom Talk Radio: podcasts on Bill 2