AER’s Updated Compliance and Enforcement Program
The Alberta Energy Regulator is underway with Industry Information Sessions regarding their recently updated Compliance and Enforcement Program. Monday was a well-attended session with a variety of industry people all curious on how the new framework will affect them. The Sessions are one form of education; said to be a key pillar for the AER.
So what’s changed?
The creation of the Integrated Compliance Assurance Framework (ICAF), and Manual 013 to replace Directive 019.
The AER will use a predetermined risk assessment to focus resources on higher risk activities.
Notices of Non-Compliance replaces high/low risk enforcement. The Notice will notify the company of the noncompliance that has occurred.
A new “Triage” process will be used by the AER to determine whether investigation is required. In the case of multiple non-compliances, the Triage process centralizes everything so only one enforcement is issued, rather than enforcement from various departments.
Investigations, if required, will include a standardized process, gathering of evidence, analysis, and a summary report provided.
The AER has a variety of enforcement tools to use, from Warning Letters or Fees, to Administrative Sanctions, or Prosecution.
There are a limited number of statutory decision makers who collaborate before making a decision to ensure fairness and consistency. A Procedural Fairness Meeting provides the company with an explanation of the Investigation and proposed Enforcement, and gives the opportunity to provide additional information before the Enforcement is acted on.
The last session held in Calgary is on March 22nd.