What happened to the Energy Resources Conservation Board (ERCB) ?

In my blog, I frequently refer to the ERCB. Well it no longer exists. While the ERCB never saw a tar sands project it didn't like, over the objections of local politicians, doctors, and environmentalists, its replacement does not even have a mandate to consult the public. Why waste time listening when you are not going to act on the public’s input anyway? That, as far as I can see, is the “Alberta Advantage” touted by the Alberta government.

The following is excerpted from an article by Megan Wohlberg in the Northern Journal, November 2012:

[In November 2012], Alberta's Progressive Conservative government took the first steps toward creating its promised single energy regulator for the province with the introduction of Bill 2, the Responsible Energy Development Act.

The bill, which passed first reading on Oct. 24, establishes a single regulator for upstream oil, gas, oilsands and coal development from the initial application stage to reclamation, replacing functions of the province's existing regulatory bodies, including the Energy Resources Conservation Board (ERCB) and Alberta Environment and Sustainable Resource Development.

Adam Driedzic of the Environmental Law Centre speculated the regulator's mandate will be "overtly to develop resources" through specific qualifiers around safety and the environment, whereas in the past, decisions would have been based on whether or not the project was deemed to be in the "public interest."

"The decision to omit the 'public interest' mandate is deliberate - the result of a lack of clarity around this term during stakeholder engagement sessions," he said. Instead, the regulator will be charged with following government policy, such as regional land use plans.

"The monster this government intends to create will be unchallengeable and unanswerable to the public or government, with no duty to consult with the public or even required to make decisions in the public good," said Rob Schwartz of the Alberta Surface Rights Group.

Schwartz noted that legislated standing rights for landowners within the Energy Resources Conservation Act have been repealed in the new bill. Instead, the regulator will decide - based on yet to be released regulations - whether or not to conduct hearings upon receiving statements of concern from people who may be directly and adversely affected by a project.

As well, decisions on appeals will now be limited to questions of law.

And who is the head of the Alberta Energy Regulator ?

Gerard Protti, Head of the Alberta Energy Regulator

 

Excerpted from an article by Andrew Nikiforuk in the Tyee, April 2013:

    The Alberta government has appointed the founding president of the Canada's most powerful oil and gas group as well as an active energy lobbyist to head its new energy regulator.

Gerard Protti, a long-time senior executive for Encana from 1995 and 2009, served as the inaugural president of the Canadian Association of Petroleum Producers (CAPP).

He is also registered as an active lobbyist for the Energy Policy Institute of Canada.

That lobby group, which disgraced senior Harper advisor Bruce Carson helped to set up (Carson served as vice chair), says on its website that it wants to make energy regulations more industry friendly: "Help design regulatory processes that aid, rather than impede, responsible energy development."