NOTICE OF HEARING
APPLICATIONS NO. 1520026 AND 1521272
MEG ENERGY CORP.
CHRISTINA LAKE REGIONAL PROJECT
DETERMINATION of s. 26(2) STANDING of the METIS NATION OF ALBERTA - LOCAL 1935
DETERMINATION of s. 26(2) STANDING of the METIS NATION OF ALBERTA REGION ONE
Take Notice that the Energy Resources Conservation Board (ERCB/Board) pursuant to the Energy Resources Conservation Act (ERCA) will hold a hearing to determine whether the Métis Nation of Alberta – Local 1935 and/or the Métis Nation of Alberta Region One has standing pursuant to ERCA s. 26(2) to intervene in the Applications No. 1520026 and 1521272 (the “Applications”) at McArthur Place - 10308, 100th Street, Lac La Biche, Alberta (the “s.26(2) Standing Hearing”). The s. 26(2) Standing Hearing will commence on Tuesday, September 30, 2008, at the hour of 9:00 a.m.
Parties to the s. 26(2) Standing Hearing
The parties to this hearing are MEG Energy Corp. (the “Applicant”), Métis Nation of Alberta – Local 1935 (Métis Local 1935) and the Métis Nation of Alberta Region One (Métis Region One), collectively referred to as the Parties. All Parties to this s.26(2) standing hearing must be present at the commencement of the hearing to register their appearance.
Nature of the s. 26(2) Standing Hearing
MEG Energy Corp. (the “Applicant”) has applied (Application No. 1520026) pursuant to Section 13 of the Oil Sands Conservation Act (OSCA) to increase the bitumen production capacity from 4 000 m3/d (25 000 bpd) to 9 540 m3/d (60 000 bpd) for the combined Christina Lake Regional Project (CLRP) Phase 1 and Phase 2 facilities.
MEG Energy Corp. (the “Applicant”) has applied (Application No. 1521272) under Section 15.212 of the regulations under the Oil and Gas Conservation Act (OGCR) to construct and operate an oilfield waste management storage facility located in the southeast quarter of Section 16-77-5-W4M within the footprint of the CLRP.
Métis Nation of Alberta Local 1935 (Métis Local 1935) objected to the Applications for the proposed energy developments based on general concerns regarding the impact of the Applications on its Métis members’ traditional and historical land use, including Métis hunting and fishing rights.
Métis Nation of Alberta Region One (Métis Region One) objected to the Application No. 1520026 based on the Métis Region One’s consultation concerns, environmental concerns and the socio-economic impacts of the CLRP on the aboriginal rights of their Métis members.
s. 26(2) Standing Hearing Issues
Pursuant to section 26 of the Energy Resources Conservation Act, a hearing will be held to determine whether Métis Local 1935 and Métis Region One as organizations have s.26(2) standing specific to the Applications.
The ERCB Board under s.26(2) will consider whether Métis Local 1935 is a “person” recognized in law as a person who has rights which may be directly and adversely affected by the Board’s decision on the Applications.
The ERCB Board under s.26(2) will consider whether Métis Region One is a “person” recognized in law as a person who has rights which may be directly and adversely affected by the Board’s decision on the Applications.
The Alberta Court of Appeal of Alberta in Dene Tha’ v. the Utilities Board case, has described the test that must be met for a party to have standing under subsection 26(2) of the ERCA. A grant of standing entitles an identifiable person(s) to be a participant(s) at a hearing, and provides the person(s) with certain participatory rights, including an opportunity to make submissions to the Board regarding the impacts of the Applications on the person(s). The test consists of two prongs, both of which must be met for a party to have standing under subsection 26(2). First, the party must have specific identifiable legal rights that may be affected by a Board decision on the Applications. Second, the party must identify the person’s rights that may be directly and adversely affected by Board decision on the Applications.
Parties’ Submission Requirements and Timelines
Any party to this proceeding (the Applicant, Métis Local 1935 and Métis Region One) who intend to make a submission with respect to the hearing to determine the s. 26(2) standing of Métis Local 1935 and/or Métis Region One shall file their written submission on or before 4:00 p.m., Monday, September 8, 2008.
Send one copy of your written submission to the Applicant at the name and address indicated below.
Send ten copies to
Anna Louie, Applications Coordinator
Applications Branch, Resources Applications Group
Energy Resources Conservation Board
640 - 5 Avenue SW
Calgary, Alberta T2P 3G4
Contents of Submission
Any submission filed with the ERCB and delivered to the other parties shall contain the following:
(a) a concise statement indicating
(i) the manner in which the Métis Local 1935 and/or Métis Region One’s rights may be directly and adversely affected by a decision of the Board on the Application No. 1520026 or Application No. 1521272,
(ii) with regard to Métis local 1935, the nature of its membership and identities of specific individual members who have rights which may be directly and adversely affected by the Applications,
(iii) with regard to Métis Region One, the nature of its membership and identities of specific individual members who have rights which may be directly and adversely affected by the Applications,
(iv) the nature and scope of the party’s intended participation,
(v) the disposition of the s. 26(2) standing issue that the party advocates, if any,
(vi) a summary of the facts the party proposes to show in evidence relevant to the s.26(2) standing issue,
(vii) a summary of the evidence that the party will be relying upon at the hearing, including a list of witnesses with a summary of their evidence relevant to the s.26(2) standing issue,
(viii) the reasons why the party believes the Board should decide in the manner that the party advocates, and
(ix) the party’s efforts, if any, to resolve their concerns directly with the with the Applicant;
(b) the name, address in Alberta, telephone number, fax number and, if available, e-mail address of the party making the submission; and
(c) if the party is represented by a representative, the name, address in Alberta, telephone number, fax number and, if available, e-mail address of the representative.
If you are a party to this proceeding, you are required to make a submission with respect to the Applications even if you have previously filed a submission with the Board or with the Applicant in relation to the Applications.
If there are no submissions received, this hearing may be cancelled and the ERCB will continue to process the applications.
In accordance with Section 13 of the Energy Resources Conservation Board Rules of Practice, all documents filed in respect of this proceeding must be placed on the public record. However, any party may make an application to the Board for confidentiality pursuant to Section 13(2) and serve a copy of such request on the other parties involved in the hearing. The Board may grant a request for confidentiality on any terms it considers appropriate, subject to the Freedom of Information and Protection of Privacy Act.
Constitutional Notice Requirement
In accordance with Section 25 of the Energy Resources Conservation Board Rules of Practice, a person who intends to raise a question of constitutional law before the Board must give notice in accordance with Section 12 of the Administrative Procedures and Jurisdiction Act and its regulation.
Witnesses
In accordance with Section 40 of the Energy Resources Conservation Board Rules of Practice, witnesses must give evidence under oath or affirmation.
Additional Information
To obtain a copy of the Applications, contact
MEG Energy Corp.
10th Floor, 734 – 7th Avenue SW
Attention: Keith Sadler, P.Eng.
Telephone: 403-770-5376
Fax: 403-264-1711
A copy of the record of this proceeding will be available for viewing at the ERCB’s Calgary office:
ERCB Information Services
Main Floor, 640 - 5 Avenue SW
Calgary, Alberta T2P 3G4
Telephone: 403-297-8311
For information about ERCB hearing procedures, contact:
Law Branch
Attention: Brent Prenevost
Telephone: 403-297-3505
Fax: 403-297-7031
E-mail: brent.prenevost@ercb.ca
Issued at Calgary, Alberta, on August 1, 2008.
ENERGY RESOURCES CONSERVATION BOARD
Patricia M. Johnston, Q.C., General Counsel
