| HISTORY/BIOGRAPHICAL SKETCH: | Dates of Founding and/or Dissolution:
The Alberta Energy and Utilities Board was established by the Alberta Energy and Utilities Board Act, which came into force on February 15, 1995.
Functional Responsibility:
The Alberta Energy and Utilities Board is a quasi-judicial agency that regulates Alberta's energy resources and utilities sector. The Board ensures that the discovery, development and delivery of Alberta's resources and utility services are fair, responsible and in the public interest. The Board is the result of the 1995 amalgamation of the Energy Resources Conservation Board and the Public Utilities Board, both of which had their own long histories in Alberta. The two continued to exist as legal entities.
The Petroleum and Natural Gas Conservation Board was established July 1, 1938, under An Act for the Conservation of the Oil and Gas Resources of the Province of Alberta (S.A. 1938, second session, chapter 1), which received assent November 22, 1938. The Board was founded on three principles: to encourage the development of petroleum and natural gas resources, to protect the public interest, and to ensure that these resources were not wasted. The purpose of the Oil and Gas Resources Conservation Act was for the conservation of oil resources and gas resources through the control or regulation of the production of oil or gas. To undertake this, the Act established the Petroleum and Natural Gas Conservation Board. Included in the Board's responsibilities was the enforcement of regulations under the Oil and Gas Wells Act, 1931. The Board essentially had control over and regulated well-drilling and protection in the producing oil zones, with the objective of establishing the conservation of the petroleum and gas resources in Alberta.
The Oil and Gas Conservation Board was established in 1957 under the Oil and Gas Conservation Act (S.A. 1957, chapter 63), effectively taking over from the Petroleum and Natural Gas Conservation Board. The new Board performed the duties, powers and functions assigned to it by the Act as well any other act. The purpose of the new Oil and Gas Conservation Act was to effect the conservation of oil and gas resources (crude bitumen was added in 1968) and prevent their waste, as well as to secure safe and efficient oil field practices and provide owners with the opportunity of receiving their share of the production of any pool. The Board was also charged with administration of the Gas Resources Preservation Act, 1956 and the Turner Valley Unit Operations Act. In addition, the Board advised the Minister of Mines and Minerals, particularly with regard to application for permits under the Pipe Line Act, 1958. The Board issued regulations and orders regarding drilling and producing operations; considered applications by operators; conducted inspections and studies; collected, summarized and published various data. To fulfill its duties, the Board conducted investigations, held hearings and prepared reports. The Board also assessed and taxed oil and gas properties, to obtain revenue to cover half of their expenses.
The Energy Resources Conservation Board was established June 1, 1971 under the Energy Resources Conservation Act (S.A. 1971, chapter 30) as a continuation of the Oil and Gas Conservation Board. The Energy Resources Conservation Act was proclaimed January 1, 1972, and transferred administration of the Pipe Line Act (replaced by the Pipeline Act, 1975 in 1975), the Coal Mines Regulation Act (which was replaced by the Coal Mines Safety Act in 1975) and the Quarries Regulation Act to the Energy Resources Conservation Board. Assuming responsibilities from the Oil and Gas Conservation Board for the Oil and Gas Conservation Act, the Gas Preservation Act and the Turner Valley Unit Operations Act, the Board also administered theHydro and Electric Energy Act and the Coal Conservation Act. The Pipe Line Division and the Mines Division from the Department of Mines and Minerals were transferred to the new Board. This brought all aspects of the energy resources for the province, including their conservation, regulation and transmission under one administrative authority. The Board was to ensure that the development of Alberta's energy resources was conducted in a responsible manner. The Board's expanded functions included: providing for the appraisal of reserves and productive capacity of energy resources and energy; providing for the appraisal of energy resource requirements; effecting the conservation of, and preventing the waste of, Alberta's energy resources; controlling pollution and ensuring environmental conservation in exploration, processing, development and transportation; securing safe and efficient practices in exploration, processing, development and transportation; providing for the recording and timely and useful dissemination of information; and providing agencies from which the Government of Alberta may receive information, advice and recommendations regarding energy resources. When there was objection to a proposed energy facility, the Board would convene public hearings to allow questions to be asked and evidence presented. The resource development and environmental management functions were connected to oil, gas, oil sands, pipelines, hydro and electric energy and coal.
The administration of the Public Utilities Board Act was transferred from the Attorney General to the Minister of Energy in 1990 (A.R. 64/1990). The Public Utilities Board, just like the Energy Resources Conservation Board, had a long history in Alberta. The Board of Public Utility Commissioners was established in 1915 by the Public Utilities Act (S.A. 1915, chapter 6). At this early stage, the Board's jurisdiction extended to all enterprises owning or operating telegraph or telephone companies, railways or tramways, or furnishing water, gas, heat, light or power to the public, and to the Provincial Government Telephones. The Board heard applications concerning public utilities, as well as those concerning various matters beyond public utilities including municipal borrowings, municipal finance, tax arrears, the cancellation of subdivisions, municipal finances, the Sale of Shares Act, railway tariffs, and, from 1933 until 1969, the control of milk. For a number of years, these other matters occupied more time than did the regulation of public utilities. The Board conducted public hearings for contentious applications. In 1960, new legislation was passed, the Public Utilities Board Act (1960, chapter 85), which continued the Board of Public Utility Commissioners as the Public Utilities Board as of May 1, 1960. The Public Utilities Board was an independent, quasi-judicial tribunal, deriving much of its authority from the Public Utilities Board Act, and the Gas Utilities Act (S.A. 1960, chapter 37), along with many other statutes which imposed responsibilities on the Board. In 1969, the Alberta Milk Control Board was established under an amendment (S.A. 1969, chapter 70) to the Milk Control Act, to be under the administration of the Minister of Agriculture; this new Board assumed the responsibility for milk control from the Public Utilities Board. The Alberta Milk Control Board was renamed the Alberta Dairy Control Board in 1972. In 1970, the Public Utilities Board's responsibility for fixing compensation for some companies was transferred to the Right of Entry Arbitration Board.
The Public Utilities Board assumed an administrative function under the Natural Gas Rebates Act (S.A. 1974, chapter 44). The Public Utilities Board was responsible for regulating the public utilities and gas utilities that fell under its jurisdiction, ensuring that customers received safe and adequate service at just and reasonable rates balancing the interests of consuming public and utility companies. The Public Utilities Board reported to Cabinet through the Minister of Telephones and Utilities from 1972 until 1975, the Attorney General from 1975 until 1990, at which point the responsibility was transferred to the Minister of Energy.
In 1994, the Minister of Energy announced that the Energy Resources Conservation Board and the Public Utilities Board would be amalgamated into a single quasi-judicial regulatory agency. This new agency, to be called the Alberta Energy and Utilities Board, would be able to provide a more streamlined and efficient regulatory process. New legislation, the Alberta Energy and Utilities Board Act, came into force on February 15, 1995. This new quasi-judicial agency regulated Alberta's energy resources and utilities sector, ensuring that the development of Alberta's energy resources was conducted in a responsible manner and that Albertans received safe and efficient utility service at fair and reasonable rates. In 1996, the Alberta Geological Survey became part of the Alberta Energy Utilities Board. The areas which the Board regulates are widespread, and include oil, natural gas, oil sands, coal, hydro and electric energy, pipelines, and transmission line development, and with regard to utilities, investor-owned natural gas, electric, and water utilities. Regulation is undertaken through the Board's four core functions: adjudication and regulation, applications, surveillance and enforcement, and information.
Predecessor and Successor Bodies:
The Petroleum and Natural Gas Conservation Board was established to address the waste of gas concerns previously addressed by the Turner Valley Gas Conservation Board. The Board of Public Utility Commissioners took over work of Municipal Finances Commission in 1923. With respect to the Public Utilities Board, a number of agencies took over duties previously assigned to it; these agencies include the Highway Traffic Board, the Securities Commission, Local Authorities Board, the Alberta Dairy Control Board (previously known as the Alberta Milk Control Board), the Surface Rights Board (previously known as the Right of Entry Arbitration Board), and the Land Compensation Board.
Administrative Relationships:
The Energy Resources Conservation Board and the Public Utilities Board, and their predecessors, were semi-independent agencies within the Government of Alberta. The Energy Resources Conservation Board and predecessors worked at arms' length from the Departments of Lands and Mines, Mines and Minerals, Energy and Natural Resources, and Energy. The Board of Public Utility Commissioners and the Public Utilities Board submitted annual reports directly to the Chair or President of the Executive Council. Administrative support for the Board was transferred from the Department of Telephones and Utilities to the Attorney General in 1975, and from the Attorney General to the Minister of Energy in 1990.
Administrative Structure:
The Petroleum and Natural Gas Conservation Board was to consist of no more than three members, one of whom would be chairman. Vacancies were to be filled by new members appointed by the Lieutenant Governor. The Oil and Gas Conservation Board continued to be composed of three members appointed by Lieutenant Governor for five-year terms which could be extended. Under the Energy Resources Conservation Act, the board membership was increased to no more than five members appointed by the Lieutenant Governor, with one being chairman, no more than two as vice-chairmen, and two as Board members. This was expanded in 1977 to no more than seven members, with 2 to 3 vice chairs (S.A. 1977, chapter 65).
The Energy Resources Conservation Board's organizational structure showed a certain amount of consistency in the departmental organization through its existence, until 1994 when it amalgamated with the Public Utilities Board. In 1963, as the Oil and Gas Conservation Board, the Board's functions were undertaken by the following departments: Development, Oil, Gas, Geology, Special Studies and Programming, Economic Studies (beginning in 1968 simply Economics), Accounting, Administrative Service. In 1965, a department of Data Processing was added, derived from Special Studies and Programming and Tabulating; as well, departments for Office Services and Personnel were added. When the Oil and Gas Conservation Board became the Energy Resources Conservation Board, responsibilities for hydro and electric, mines and pipelines, new departments of Hydro and Electric, Coal and Pipelines were added. In 1975, the Board's departments included: Administrative and Financial Services, Coal, Data Processing, Economics, Employee Relations, Gas, Geology, Hydro & Electric, Oil, Oil Sands, and Pipeline. Environment (later Environment Protection) and Legal departments were added in the early1980s. In 1987, the Development Department was split into Drilling and Production and Field Operation; Administrative and Financial Services was split into Administrative Services and Accounting. The following year, a Communications Department was added.
The Board of Public Utility Commissioners, when established, consisted of three members appointed by the Lieutenant Governor. When the Board of Public Utility Commissioners became the Public Utilities Board, it still consisted of three members appointed by Lieutenant Governor, though there was an allowance for one or more acting members when needed. A 1973 amendment to the Public Utilities Board Act prescribed a Board of no more than five members, and in 1975, this was changed to no more than nine members. In 1982, the number was changed again, this time to any number that the Lieutenant Governor deemed appropriate. The Public Utilities Board's entire staff was much smaller than that of the Energy Resources Conservation Board. Two of the main divisions of the Public Utilities Board were its Administrative Services Group and the Technical Services Group.
With the 1995 amalgamation of the Energy Resources Conservation Board and the Public Utilities Board, the new Alberta Energy Utilities Board was to consist of the members of the two boards. The new structure of the Board consisted of four divisions: Facilities, Resources, Utilities, and Corporate Services. In 1999, the Board underwent major restructuring, resulting in nine branches: Applications, Compliance and Operations, Corporate Support, Field Surveillance, Finance, Information and Systems Services, Law, Resources and Utilities.
Names of the Corporate bodies:
The Petroleum and Natural Gas Conservation Board was established through An Act for the Conservation of the Oil and Gas Resources of the Province of Alberta (S.A. 1938, second session, chapter 1). The Oil and Gas Conservation Act (S.A. 1957, chapter 63) repealed the act that previously addressed the conservation of gas and oil, and replaced the Petroleum and Natural Gas Conservation Board with the Oil and Gas Conservation Board. The Oil and Gas Conservation Board continued as the Energy Resources Conservation Board under the Energy Resources Conservation Act (S.A. 1971, chapter 30). The Board of Public Utility Commissioners was established in 1915, and became the Public Utilities Board in 1960. The amalgamation of the Energy Resources Conservation Board and the Public Utilities Board resulted in a board that combined the responsibilities of the two boards and is known as the Alberta Energy and Utilities Board, though the two boards continue to exist as legal entities.
Names of Chief Officers:
Chairmen of the Petroleum and Natural Gas Conservation Board:
William F. Knode (1938-1939)
Robert E. Allen (1940-1942)
J.J. Frawley (interim) (1942-1943)
Dr. E.H. Boomer (1943-1945)
A.G. Bailey (1945-1947)
D.P. Goodall (1947-1948)
Ian N. McKinnon (1948-1957)
Chairmen of the Oil and Gas Conservation Board:
Ian N. McKinnon (1957-1962) (leave of absence Sept. 1959-Aug. 1962)
George W. Govier (1962-1971)
Chairmen of the Energy Resources Conservation Board:
George W. Govier (1971-1978) (leave of absence Oct. 1, 1975-Oct. 1, 1977)
Vernon Millard (1978-1987)
Gerald Joseph DeSorcy (1987-1993) (leave of absence 1991-1993)
F. J. Mink (co-chair) (1993-1995)
J.P. Prince (co-chair) (1993-1995)
Chairmen of the Board of Public Utility Commissioners:
George H.V. Bulyea (1915-1923)
Arthur A. Carpenter (1923-1939)
Gilbert M. Blackstock (1939-1953)
Russell D. Henderson (1953-1960)
Chairmen of the Public Utilities Board:
Russell D. Henderson (1960-1966)
Walter Nobbs (1967-1973)
Miles H. Patterson (1973-1975)
Blaine Archibald (acting) (1975-1976)
William R. Horton (1976-1983)
Fred Trofanenko (acting) (1983-1984)
Ammon O. Ackroyd (1984-1991)
A. Calista Barfett (acting) (1991-1995)
Chairmen of the Alberta Energy and Utilities Board:
Céline Bélanger (1995-1998)
Neil McCrank (1998-)
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