ERCBGovernment of Alberta

Agencies Responsible for Authorizing Upstream Oil & Gas Activities

Energy Industry Overview illustrates the various entities the energy industry must connect with to develop upstream oil and gas resources. This section provides some overview information on the roles of provincial regulatory agencies and others.
Figure1: Energy Industry Overview



 

 

 

 

 


 


(click to enlarge)
 


The Government of Alberta's four agencies with primary authority for regulating upstream oil and gas activity in the Province: Additional agencies and with responsibilities for regulating upstream oil and gas activity The regulatory authority of each of these bodies is established by law. Legal authority over certain upstream oil and gas activities is derived from legislation. Specific authority for certain activities may be established by way of regulation. Certain specific standards, codes, directives and orders can be incorporated by reference into acts or regulations. Stakeholders should be familiar with all relevant legal authority, both broad and specific, when making application to the above regulatory bodies for approval of Upstream Oil and Gas activities.

Alberta Energy
Alberta Energy has primary authority for managing the development of provincially owned energy and mineral resources. Its goals are to:
  • promote the development of Alberta’s energy and mineral resources,
  • recommend and implement energy and mineral related policy,
  • grant and administer rights under disposition for exploration and development, and
  • establish and administer fiscal regimes and royalty systems.
It has sole authority for establishing and administering the assessment and collection of energy resource revenues in the form of royalties, freehold mineral taxes, rentals and bonuses.
 
Energy Resources Conservation Board
The Energy Resources Conservation Board (ERCB) is an independent, quasi-judicial agency of the Government of Alberta that regulates the safe, responsible and efficient development of Alberta’s energy resources. In support of this mandate, one of the ERCB’s roles is regulating all upstream oil and gas activity throughout the lifecycle of a project. It issues well, facility and pipeline licences, in situ bitumen recovery scheme approvals and approvals related to resource reservoir management (including pooling, spacing, commingling, enhanced recovery, injection/disposal schemes); conducts information collection and dissemination; undertakes compliance assurance activities; and oversees the abandonment of facilities at the end of their lifecycle.
 
Alberta Environment
Alberta Environment is responsible for ensuring the protection of Alberta’s environment and managing Alberta’s water resources. In support of this mandate, Alberta Environment sets, monitors, and enforces environmental standards, pollution control measures, issues authorizations for the lifecycle (construction, operation and reclamation) of certain activities, administers and manages the environmental assessment process, as well as the reclamation and remediation of project sites following closure. Alberta Environment’s management of Alberta’s water resources includes the issuance of licences for water use and approvals for disturbances that may affect water.

 

Alberta Sustainable Resource Development
Sustainable Resource Development is responsible for managing Alberta’s public lands, forests, fish and wildlife. With respect to the energy industry, Sustainable Resource Development is responsible for approving exploration activities on public and private land, administering surface land access and rights-of-way on most public land through the public land disposition process, ensuring reclamation is completed on public land, issuing reclamation certificates and auditing reclamation and remediation of certified sites on public lands. The department also manages for species at risk, other fish and wildlife, and forest operations.

 

Other Provincial Regulatory Authorities
In addition to the four primary agencies above, the following other provincial regulatory authorities provide oversight for some aspects of upstream oil and gas activity. This guide is not intended to address these provincial agency regulatory requirements.

These boards and agencies include but are not limited to the following:
  • Alberta Surface Rights Board: The Alberta Surface Rights Board is an independent, quasi-judicial agency of the Government of Alberta. The Surface Rights Board may provide right of entry for well sites and pipelines, onto any land except for the Métis Settlement Land and federal land where the surface land holder has not provided consent and a permit has been obtained from the ERCB. The Surface Rights Board will determine compensation where agreement has not been reached between industry and the land holder through fair and timely hearings or voluntary dispute resolution. It also provides an option for voluntary industry-landholder agreements to be registered as a board order. 
     
  • Environmental Appeals Board: The Environmental Appeals Board is an independent board that gives Albertans an opportunity to appeal certain decisions made by Alberta Environment under the Environmental Protection and Enhancement Act the Water Act the Climate Change and Emissions Management Act and Schedule 5 of the Government Organization Act. These decisions may include approvals, water licences, preliminary certificates, reclamation certificates, remediation certificates, administrative penalties, enforcement orders, and environmental protection orders.
In addition to the agencies listed above, the following may have some jurisdiction in upstream oil and gas activity on provincial public land and private land:
Local Authorities (Municipalities and Counties, etc)
It is advisable for project proponents to connect with the local authority where they plan to conduct oil and gas activity. The local authority administers use of municipal roads, road maintenance, repairs, access control to municipal roads, building permits, etc. Depending on the project, various issues may arise such as the need for extensive use of community roads or accommodation for large numbers of employees which will impact housing availability or space in schools. Understanding the communities in which proponents plan to do business will help in identifying and addressing these types of issues, ideally leading to positive outcomes for communities and companies alike. As well, project proponents should be aware that property tax assessments and taxes are payable to the local authority.

 

Federal Regulatory Authorities
Federal government authorities regulate certain aspects of upstream oil and gas activity, depending on the location and nature of the proposed project. This guide is not intended to address federal regulatory requirements. Federal regulatory authorities include, but are not limited to: