Determining energy resource ownership in a three-tribunal system

摘要

Who determines ownership of oil and gas resources in Alberta? That's a good question. Alberta's Court of Queen's Bench usually rules on such matters as it has original jurisdiction to determine contractual disputes and interpret legal instruments. But another tribunal, the Energy Resources Conservation Board (ERCB), is also called upon to determine rights to produce bitumen or other minerals. The ERCB's own legislation gives it exclusive jurisdiction to issue well licences, and it has the power and duty to decide an owner's "entitlement" to produce before issuing a well licence. And then there is always the Court of Appeal.