Nine Albertan organizations filed for a judicial review last week

Calgary | Mohkinstsis
November 4, 2026

On Friday last week, nine Albertan organizations representing environmental, sustainable energy, and landowner interests filed an application for judicial review with the Court of King’s Bench of Alberta, challenging certain amendmentsto the Alberta Energy Regulator (AER) Rules of Practice made earlier this year.

The organizations argue that the new rules make it more difficult for the public to hold energy and resource companies accountable and increase government influence over the AER’s hearing processes. The amendments were introduced without public consultation, favouring industry at the expense of the environment and public participation.

The applicants are asking the Court to review the rule changes, arguing that the changes exceed the AER’s delegated rule-making authority, restrict statutory participation rights, impose substantive requirements inconsistent with the legislation, unlawfully discriminate between hearing participants, and fail to comply with the mandatory notice requirements.

The Applicants are asking the Court to declare the challenged amendments unlawful and of no force or effect, and to quash them. The AER will have an opportunity to respond to the application, after which the matter will proceed toward a hearing. No hearing date has been set, and the timeline for a decision remains uncertain.

Quotes

“The AER grants hearings for a small fraction of the applications it receives, when it believes a hearing is essential to good decision-making. Allowing government to exert extra influence and request hearing decisions be expedited or reconsidered undermines the regulator’s role of ensuring concerns are addressed properly, and publicly.”

– Kecia Kerr, Canadian Parks and Wilderness Society, Northern Alberta Chapter 

“A so-called World Class Environmental Regulator shouldn’t be this afraid of the public it claims to serve. It’s irresponsible to reduce regulatory oversight and due diligence when the long-term health, function, and integrity of public lands, water, and atmosphere are at stake. These changes raise doubt about the AER’s ability to independently look out for the best interests of the environment and the public.”

– Kennedy Halvorson, Alberta Wilderness Association

“Avenues for public participation have always been limited and onerous, particularly for those unfamiliar with the regulatory process. Public-interest organizations like ours have the expertise, experience, and resources to raise our shared concerns and represent the concerns of everyday people in the regulatory process. While the AER has historically recognized these contributions, these new rules will limit our ability to engage – and erode the public’s voice.”

– Katie Morrison, Canadian Parks and Wilderness Society, Southern Alberta Chapter   

“We believe these rule changes exceed the AER’s authority and jeopardize its ability to do its job. Input from the public and civil society experts is critical to ensuring energy development in this province is fair and responsible.”

– Simon Dyer, Deputy Executive Director, Pembina Institute

“The community and the environment are not simply stakeholders in regulatory processes. They are the very purpose of them. This judicial review is absolutely necessary – we must question any AER procedures that limit public engagement in major decision-making processes.”

– Braum Barber, Southern Alberta Group for the Environment 

Participating Organizations

CPAWS Southern Alberta
CPAWS Northern Alberta
Alberta Wilderness Association
Pembina Institute
Southern Alberta Group for the Environment
Livingstone Landowners Group
Castle-Crown Wilderness Coalition
Crowsnest Conservation Society
Land Lovers Network