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ARTICLE · 20 JULY 2016

Alberta Energy Regulator Reiterates Position On Interim Measures Post-Redwater But Indicates Some Flexibility On 2.0 LMR Requirement

Borden Ladner Gervais LLP
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Such commitment may contribute to increased abandoned wells and less value realization in insolvencies.

CanadaEnergy and Natural Resources

On July 8, 2016, the Alberta Energy Regulator (the "AER") issued Bulletin 2016-21 Revision and Clarification on Alberta Energy Regulator's Measures to Limit Environmental Impacts Pending Regulatory Change to Address the Redwater Decision ("Bulletin 2016-21"). Bulletin 2016-21 was issued in order to clarify and revise the interim rules outlined in the AER's Bulletin 2016-16 [discussed previously by BLG in The Alberta Energy Regulatory Reacts to the Redwater Decision – Who Suffers?] where the AER took drastic measures in response to the Alberta Court of Queen's Bench's decision in Redwater Energy Corporation (Re), 2016 ABQB 278 ("Redwater").

Bulletin 2016-21 does not significantly alter the AER's interim measures and, pending the outcome of an appeal or a likely overhaul of the licencee liability rating program, it seems clear that the AER is committed to its interim rules, notwithstanding the strong criticism across industry of their implementation.

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