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Directive 056: Frequently Asked Questions - Participant Involvement

  COAL/CBM
Question: What are the licensing and participant involvement requirements for an applicant who intends to drill a well with the target substance being coalbed methane?
Answer The applicant must identify the Substance Name as Coalbed Methane in Step 5 (Well Detail) of Schedule 4 of Directive 056. Additionally, the applicant must meet the requirement outlined in Section 2.2.2 (16)(f) by identifying the type of substance as coal bed methane in its project specific information letter, and it must distribute a copy of the ERCB publication EnerFAQs10 Coalbed Methane to all parties included in its participant involvement program. If during the processing or audit review of the application it is determined that the applicant has not met these requirements, it may be requested to renotify all parties and/or file a licence amendment application.
Question: If a well application involves outstanding objections based on the right to produce CBM from split-title lands, what information does the ERCB require the applicant to file with its application?
Answer:

On March 28, 2007, the Board issued Decision 2007-024, which considered the issue of legal entitlement to CBM being produced or intended to be produced from certain wells on split-title lands located in the Clive, Ewing Lake , Stettler, and Wimborne Fields.

On December 24, 2008, the Board issued Bulletin 2008-50, which provided updated direction on expectations on this issue. In the bulletin, applicants are advised that as of January 1, 2009, they may file a routine application if they provide notification to the coal owner(s) and any other potentially affected parties, provided that

  • filers of CBM objections do not raise any new or unique concerns or claims that do not relate to CBM entitlement based on coal ownership and/or trespass or potential damage to the coal resulting from gas or CBM production, and
  • no other parties object to the well.

Routine applications will need to be accompanied by a “Bulletin 2008-50 cover letter” confirming that the requirements outlined in the bulletin have been met and no new or unique concerns were identified. A copy of that letter needs to be forwarded to the coal owner(s) as well.

Applicants who do receive objections that have new or unique concerns will need to submit those applications as nonroutine. Application staff will review any objections received after January 1, 2009, and if there are no new or unique concerns raised, the objection will be returned to the objector. 

CONFIRMATION OF NONOBJECTION
Question: What are the ERCB’s participant involvement requirements for well, facility, and pipeline developments on public lands that Sustainable Resource Development (SRD) administers?
Answer
  1. For developments proposed on Crown lands, applicants must obtain a letter of authorization (or disposition) from SRD before submitting an application to the ERCB. This letter is issued by SRD and confirms its nonobjection and demonstrates that the applicant has met Directive 056 requirements on personal consultation and confirmation of nonobjection. 
  2. For developments proposed beside Crown land or where Crown land is within either the setback distance or the notification radius prescribed in Directive 056 applicants are no longer required to consult with or notify SRD about the proposed development. 
  3. For developments proposed on Crown land with an existing disposition, the ERCB requires that applicants acquire an amended letter of authorization (or disposition) from SRD if the development needs land added to the existing disposition.

    Unless requested, applicants aren’t required to provide SRD with the information packages described in Section 2.2.2 of Directive 056.
PUBLIC INFORMATION
Question: I am a landowner in Alberta and would like more information regarding oil and gas development. Where will I find information pertaining to ERCB applications for wells, pipelines and facilities?
 
There are a number of publications developed by and available from the ERCB regarding well, pipeline, and facility applications. These publications form part of Directive 056. In particular, Section 2: Participant Involvement describes the minimum requirements a company must meet regarding public consultation and notification when submitting a well, pipeline, or facility application to the ERCB. In addition, the ERCB may be contacted directly at 403-297-4369 or via e-mail at Directive56.help@ercb.ca with Directive 056 inquiries. The following are brochures relating to and included in Directive 056:

ERCB Brochure: Understanding Oil and Gas Development in Alberta [PDF]

Letter from the Chairman of the ERCB [PDF]

Additionally, a number of EnerFAQs about ERCB programs and services, as well as issues related to oil and gas development, are available at EnerFaq's

Specific applications can be queried through the Integrated Application Registry (IAR) system: https://www3.eub.gov.ab.ca/eub/dds/iar_query/FindApplications.aspx

For general questions, the Community and Aboriginal Relations Advisor in the local ERCB Field Centre may be contacted. Field Centre contact
information is available at Field Contacts

The following agencies provide additional information regarding oil and gas development in Alberta:

The Farmers' Advocate
For advice on resolving concerns of the Alberta agricultural community, which includes those pertaining to oil and gas activities, seismic activity,
and mineral leasing, contact the Farmers' Advocate in Edmonton:
305, 7000 – 113 Street
Edmonton AB T6H 5T6
Phone: 780-310-3276 (Toll free by first dialing 310-0000)
Fax: 780-427-3913
http://www1.agric.gov.ab.ca/$department/deptdocs.nsf/all/ofa2621

Alberta Surface Rights Board
For information regarding entry or compensation related to oil and gas resource activity on privately owned or crown-occupied lands,
contact the SRB in Edmonton:
1229 – 91 Street SW
Edmonton AB T6X 1E9
Phone: 780-427-2444 (Toll free by first dialing 310-0000)
Fax: 780-427-5798
http://www.surfacerights.gov.ab.ca/home/default.aspx

Alberta Environment
Alberta Environment leads resource planning and sustainable development on behalf of all Albertans. For information on province-wide strategies
that integrate industry, government and public uses of Alberta's land and resources, please contact AENV in Edmonton:
Alberta Environment
Main Floor, Petroleum Plaza South Tower
9915 – 108 Street
Edmonton AB T5K 2G8
Phone: 780-427-2700 (Toll free by first dialing 310-0000)
Fax: 780-422-4086
http://environment.alberta.ca/

The Registrar of Land Agents
The Registrar may investigate any complaint with respect to any matter that pertains to the Land Agents Licensing Act or the Land Agents
Licensing Regulation. If you have concerns regarding a land agent or require further information, contact the Registrar's office in Edmonton:
Land Agents Licensing
7 Floor, Labour Building
10808 – 99 Avenue
Edmonton AB T5K 0G5
Phone: 780-415-4600 (Toll free by first dialing 310-0000)
Fax: 780-422-7173
http://employment.alberta.ca/SFW/253.html

URBAN CENTRES
Question: Our company is preparing for a well that will be within the boundaries of an urban centre. Directive 056 indicates that we only need to notify the urban authority. Are there any other requirements?
AnswerThe ERCB recognizes that there maybe additional concerns when a well, pipeline, or facility is proposed within the corporate boundary of the urban centre relating to future subdividing, planning, and setbacks. In these cases, it is necessary to obtain consent from the urban authority. If the application is being submitted routinely, it will be necessary to submit that consent with the application.
FIRST NATIONS CONSULTATION
Question: Are the ERCB’s First Nation consultation requirements different from those for Sustainable Resource Development (SRD)?
Answer
Yes. The ERCB’s First Nation consultation requirements exist within Directive 056 and are separate and distinct from SRD’s consultation requirements for First Nations. If a concern or objection from a First Nation remains unresolved, applicants must submit the application as nonroutine, including 
  • all correspondence related to the concern or objection;
  • a copy of related approval(s) from SRD; and 
  • a copy of a letter from SRD confirming the adequacy of consultation. If the applicant did not receive the letter, it must submit a written explanation detailing why this letter was not issued.

Page Last Updated: November 21, 2011