Participate in an AUC proceeding
If you feel your community may be affected by an application you can register to participate to
have your say about a utility project. The "register to participate" button within the
eFiling System will guide you through the steps upon logging in to the system and entering the proceeding ID number that is assigned to the application and communicated in the notice.
As part of the registration process, you must fill out a
statement of intent to participate. A statement of intent to participate is intended to be a brief description of the rights being asserted and how those rights may be directly affected by a proposed project. It allows the AUC to decide whether it must trigger a hearing to address your concerns. If the AUC decides to trigger a hearing based on the issues identified in a statement of intent to participate, your community will have an opportunity to file formal evidence in support of those concerns.
A statement of intent to participate must include the community's name and contact information including address and phone number, as well as legal land location, description of your land in relation to the proposed development and a description of your interest in the land, your business, rights, interests or activities that may be affected by the proposed project. Please also briefly describe the issues you would like the AUC to consider when making its decision. A statement of intent to participate must be filed through the eFiling System and becomes part of the official record of a proceeding.
Tips for filling out a statement of intent to participate:
Be as specific as you can be in your statement of intent to participate about how the application may directly and adversely affect your right(s) or interest(s).
- You do not need to provide a lengthy summary of case law but you must identify a legal right and describe how your exercise of it may be directly and adversely affected.
- Provide a brief description of the traditional use or activity, such as hunting, fishing, or trapping and describe how the project has the potential to impact your Section 35 rights.
- You must show some degree of location or connection between the work proposed and the right(s) asserted.
- You are not required to reveal the exact locations of sites of spiritual or cultural importance; it is sufficient to describe the existence of such a site and its approximate distance from the project boundary.
- Provide clear supporting documentation (i.e., a traditional land use map that is legible and has the area of the proposed project clearly overlaid).
Be aware of deadlines. The notice of application indicates that any party who has concerns with a proposed project should make a submission to the AUC by a specified date (usually between two weeks and one month depending on the project). After a statement of intent to participate is received, the AUC will consider your standing in the applications based on a two-part test (Section 9(2) of the
Alberta Utilities Commission Act).
- The first part of the test is legal: you must demonstrate that your right(s) or interest(s) is recognized in law.
- The second part of the test is factual: you must provide information that shows the Commission's decision on the application may directly and adversely affect your right(s) or interest(s). In other words, tell us who is using the land in question, how they are using the land and how a decision on the application or proposed project may affect that use.