Syncrude Canada Ltd v Alberta (Energy)
Syncrude Canada Ltd
His Majesty the King in right of the Province of Alberta as represented by the Minister of Energy and Alberta Energy
Law Firm / Organization
Not Specified

Key Points:

  1. Dispute Origin:

    • The case concerns a long-standing dispute over oil sands royalties for 2002-2011.
    • Syncrude challenged the disallowance of $246.6M in costs, claiming they should be "allowable costs" under the Oil Sands Royalty Regulation, 1997 (OSRR97).
    • If allowed, royalties owed by Syncrude would decrease by approximately $52M.
  2. Minister’s Rejection of Dispute Review Committee (DRC):

    • Alberta Energy’s audits disallowed the costs, leading to ministerial review.
    • The DRC recommended accepting most costs as allowable, but the Minister rejected these recommendations in 2020.
  3. Chambers Judge’s Decision:

    • Found the Minister’s rejection unreasonable due to insufficient reasoning.
    • Remitted the case to the Minister for reconsideration rather than adopting the DRC’s recommendations outright.
  4. Appeal by Syncrude:

    • Syncrude appealed, arguing the matter should not have been remitted and that clearer guidance to the Minister was required.
  5. Appellate Decision:

    • The appellate court upheld the chambers judge’s decision to remit the matter for reconsideration.
    • It found the chambers judge correctly assessed the necessity for administrative expertise and determined the outcome was not inevitable.
    • The lack of explicit guidance to the Minister was deemed appropriate within judicial principles.
  6. Outcome:

    • Appeal dismissed.
    • The decison does not indicate any specific monetary award, costs, or damages granted or ordered.
Court of Appeal of Alberta
2301-0149AC
Administrative law
Respondent