On April 1, 2026, the Government of Alberta announced a new Oil and Gas Conservation Regulation that will give the Alberta Energy Regulator (AER) the power to enact enforcement measures against Oil and Gas operators that fail to adequately manage and treat weeds on their wellsites.
This regulation, made under the Oil and Gas Conservation Act, makes Reasonable Care and Measures Orders (RCAM) applicable to the Responsible Energy Development Act and the Weed Control Act. Since the announcement, Alberta Agriculture and Irrigation (AGI) and the AER have hosted a webinar for Agricultural Fieldmen and Assistants on April 28th and the new regulation took effect on May 1st.
RCAM orders are meant to function as a final measure once municipal enforcement tools such as weed notices have been exhausted. From there, municipalities or AGI can submit a referral on the AER’s website. Municipalities are not required to have incurred weed control costs in order to proceed with filing an RCAM referral.
RCAM referral criteria
The RCAM referral has specific criteria and referrals submitted by municipalities or AGI must include the following information:
- Verification and evidence of AER-regulated wellsite
- Documented evidence of non-compliance with municipal enforcement
- Documentation and evidence of infestation risk
- Documentation and evidence of infestation impacts
- Documented evidence of licensee wellsite obstruction or refusal to cooperate
Enforcement measures
The new procedures do not specify a mandated enforcement approach but an RCAM provides the ability for the AER to use enforcement measures on non-compliant operators. One method is by escalation through the AER’s Compliance Assurance Program, which includes orders, administrative sanctions, fees, penalties and prosecution. Some of these enforcement measures could include operating license restrictions or suspensions.
Limitations for municipalities
In general, the new regulation and procedures do not include legislative amendments that broaden municipal enforcement tools, but rather provide greater authority on enforcement to the AER. This change is still encouraging, however the new regulation does not mandate or specify a given enforcement approach but rather keeps enforcement options broadly available for the AER to use at their discretion.
RCAM orders are only applicable to wells under AER authority, meaning orphan wells are not eligible. However, a process to incorporate orphan wells is currently under development by AGI, the AER and the Orphan Well Association (OWA).
Furthermore, under the new procedures, RCAM orders do not enable municipalities to recover costs incurred from weeds management and are meant to function as a broadening of enforcement powers. Enforcement measures employed by the AER are also expected to be a lengthy process.
RMA continues to learn more about the implementation of the new RCAM procedures and is corresponding with AGI and the AER to confirm all details.
For more information, contact RMA’s Policy and Advocacy Team at advocacy@rmalberta.com or 825.319.2383.