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Notice of Hearing
Regulatory Appeal
Proceeding ID 436
Obsidian Energy Ltd.
Regulatory Appeal of an Environmental Protection Order

The Alberta Energy Regulator (AER) will hold a public hearing for a regulatory appeal of an environmental protection order (EPO) issued by the AER on March 23, 2023, to Obsidian Energy Ltd. (Obsidian). The hearing will be scheduled after requests to participate are filed. If the request for the regulatory appeal is withdrawn, the hearing will be cancelled.

Description of the Proceeding
On April 21, 2023, the AER received a request for regulatory appeal 1942837 pursuant to sections 113 and 24 of the Environmental Protection and Enhancement Act (EPEA) of the AER’s decision to issue the EPO on March 23, 2023, naming Obsidian as the “person responsible” for seismic events that occurred on November 29, 2022, and March 16, 2023, approximately 40 km southeast of Peace River.  The AER concluded that Obsidian’s disposal operations at surface location 14-18-082-17 W5M (well licence W0443668) induced the seismic events. 

The AER granted the request for the regulatory appeal on July 18, 2023.

The purpose of the hearing is to determine whether the AER should confirm, vary, suspend, or revoke its decision to issue the EPO.

Where can I find information about the hearing?
To view or receive a copy of the hearing materials, or for information on AER procedures, contact

Tara Wheaton, Hearing Coordinator
Alberta Energy Regulator
Suite 1000, 250 – 5 Street SW
Calgary, Alberta  T2P 0R4
Email: @email
Phone: 403-297-6288

How can I apply to participate in the hearing?
Obsidian and the AER’s Compliance and Liability Management Branch (CLM) are parties to this regulatory appeal. However, they must confirm their intention to participate in the hearing and the nature and scope of their participation in writing by October 4, 2023.

If you are not already a party to the regulatory appeal and want to participate in the hearing, you must submit a written request to participate. Requests to participate are placed on the public record of this proceeding.

Your request to participate must contain

  1.  a copy of your statement of concern, if applicable;
  2. a concise statement indicating
    1. why you may be directly and adversely affected by a decision of the AER on the regulatory appeal, or
    2. you will not be directly and adversely affected by a decision of the AER on the regulatory appeal, explain
      • what the nature of your interest in the matter is and why you should be permitted to participate,
      • how your participation will materially assist the AER in deciding the subject matter of the regulatory appeal,
      • how you have a tangible interest in the subject matter of the regulatory appeal,
      • how your participation will not unnecessarily delay the regulatory appeal, and
      • how you will not repeat or duplicate the evidence presented by the other parties in the regulatory appeal;
  3. the outcome of the regulatory appeal that you advocate;
  4. the nature and scope of your intended participation;
  5. your contact information;
  6. if you have a representative, their contact information;
  7. if you are acting on behalf of a group or association of persons, the nature of your membership in the group or association; and
  8. your efforts, if any, to resolve issues associated with the proceeding directly with the party requesting the appeal or the approval holder, as the case may be.

Send the request to the hearing coordinator. Submissions should be PDF documents with bookmarks, page numbers, and optical character recognition. 

Filing deadlines

October 4, 2023

Final date to file a request to participate.

October 11, 2023

Final date to submit responses to any request to participate.

 Is this a public process?
Yes. Section 49 of the Rules of Practice requires that all documents and information filed for a proceeding be placed on the public record. You must not include any personal information that you do not want to appear on or are not authorized to put on the public record. You should assume that anything you submit will be available online to the public. Section 49(2) of the Rules of Practice states how to apply to the AER for an order to keep information confidential.

What is outside of the AER’s jurisdiction?
Compensation for land use is not dealt with by the AER and should be referred to the Land and Property Rights Tribunal (formerly the Surface Rights Board).

Consultation with Alberta’s First Nations and Métis settlements and assessment of its adequacy are managed by the Aboriginal Consultation Office.

If my request to participate is approved, can I apply to get reimbursed for hearing-related costs?
If you are participating in a hearing, you may be eligible to have some of your costs paid.
Directive 031: REDA Energy Cost Claims explains how and when to apply.

Issued at Calgary, Alberta, on September 13, 2023.
ALBERTA ENERGY REGULATOR

Hearing Notice 436 - Obsidian Energy