AUC hearing in progress.

The AUC must hold a public hearing on an application if persons who have filed a statement of intent to participate in a proceeding demonstrate that they have rights that may be directly and adversely affected by the AUC’s decision. Such a person may fully participate in the hearing, including giving written evidence, written or oral questioning of witnesses adverse in interest, and providing argument. This permission to participate is referred to as standing.

Section 9(2) of the Alberta Utilities Commission Act sets out how the AUC must determine standing, which involves a two-part test which is considered by the AUC in each proceeding before it. Examples of the AUC’s rulings on standings have been provided in this category, starting in 2014. The issues typically considered in standing applications include:

  • Property rights
  • Proximity
  • Business interests
  • Aboriginal rights
  • Participation without standing
  • Ratepayer interests
  • No direct or adverse effect

Decisions for reference