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ARTICLE · 09 SEPTEMBER 2026

Not Beyond Reproach: Alberta Court Confirms Jurisdiction Over Alberta Energy Regulator

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The Alberta Court of King's Bench has confirmed its jurisdiction to grant injunctive relief against the Alberta Energy Regulator despite a broadly worded statutory privative clause. This landmark decision, arising from Sumerian Oil & Gas's application to stay a suspension order affecting approximately 900 wells, represents one of the first considerations of the Supreme Court of Canada's recent Democracy Watch ruling and may significantly impact future disputes involving AER orders.

CanadaLitigation, Mediation & Arbitration
Michael O’Brien
Michael O’Brien
Sage Blacklavender
Sage Blacklavender
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In a recent decision, the Alberta Court of King’s Bench confirmed that it has jurisdiction to grant injunctive relief against the Alberta Energy Regulator notwithstanding the AER’s broadly worded statutory privative clause. This case represents one of the first considerations of the Supreme Court of Canada’s recent decision in Democracy Watch.

This decision arises from an application by Sumerian Oil & Gas (Sumerian) seeking a stay of a July 20, 2026, suspension order issued by the Alberta Energy Regulator (AER). The order required Sumerian to suspend its licensed operations by August 4, 2026. Justice Little of the Alberta Court of King’s Bench granted an interim stay of the AER’s suspension order, with the most significant aspect of the decision being the Court’s finding that it possessed jurisdiction over the AER.

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