Take Action!

What can you do to help Stop Bill 46?


Here are a few things you can do to help Kill Bill 46:

Write a letter to the Minister of Energy and to your MLA

The Hon. Mel Knight
Minister of Energy
#404 Legislature Building
10800 97 Avenue
Edmonton, AB T5K 2B6

You can click here to go to a sample letter.

Send a copy of your letter to your MLA.

Contact your MLA directly

Call or write your MLA directly — let them what their constituents think of Bill 46. Follow the links on your right for some sample text for your letter. Visit this page to find your MLA’s contact information.

Spread the word

Let people know about the government’s plans. Download and print a poster or handbill (see links on the right) and distribute them in your community.

For more updates and discussions on Bill 46, visit the Kill Bill 46 facebook group. For information on protecting your privacy and security on facebook, check out this webpage.


  1. Bill 46 divides the current EUB into two distinct regulatory Boards, the Alberta Utilities Commission (AUC) and the Energy Resources Conservation Board (ERCB). Splitting the Board in itself maybe a good thing, however in the process of splitting the Board the PC Government inserted the following provisions into the Bill:

    Subsection 9(3) of the Bill provides the commission with three justifications for not holding a hearing on an application even though the application may directly and adversely affect a landowner.

    • The first justification is found in sec 9(3)(a) where the Board need not hold a hearing if no person(s) requests a hearing. This we say may be justified assuming proper notice was given.

    • In Sec 9(3)(b) the commission can refuse to hold a hearing if the commission decides that no person will be directly and adversely affected in a material way. The term “material way” is new and not found in the current ERCA or any other legislation. Adding the term “material way” creates one more hurdle or test landowners must meet to get a hearing. Under the proposed legislation, if the Board decides a landowner is not materially affected, the principle of “Materially Affected” is a question of fact and cannot necessarily be appealed to the Courts.

    • Sec 9(3)(c) applies to power plants, transmission lines, pipelines and hydro developments, under the HEEA and Gas Utilities Act. If passed, the commission can deny a hearing, if the commission is satisfied the applicant has met the rules respecting each landowner that may be directly and adversely affected. The rules “respecting each landowner” are not available for review! That said, given Sec 9(3)(b) is independent of Sec 9(3)(c), Sec 9(3)(c) now gives the Board the authority to deny a hearing, even though it has been determined a landowner(s) is adversely affected.

    • Sec 9(4) states the commission is not required to afford a landowner an opportunity to make oral representation or to be represented by counsel as long as the landowner is given an adequate opportunity to make a written submission.

    Sec 96(14) (c)(ii) amends previous legislation and removes from the act Sec 14(3) which states, “Where the Board is considering an application under subsection (1) or (2), the Board shall consider whether the facility for which approval is sought is and will be required to meet present and future public convenience and need.” This provision is not only removed from legislation; Bill 46, under sec 98(2), retroactively removes it from legislation back to June 1, 2003. This section, we say, should be removed from the Bill and all projects should be decided on the basis of public convenience and need.

    Once passed, the onus of proof incumbent upon the Alberta Electric System Operator (AESO), is reversed. No longer must the AESO prove an application or its correctness to the Board. AESO is assumed to be correct when it submits an application and landowners must now prove applications to be deficient. This we say is unacceptable!

    Finally, Sec 24(1) is a nail in the coffin on the public’s right to object to Power plants, pipelines, and transmission lines, and it states:

    Orders without Notice

    24(1) Where notice to interested parties to a hearing or other proceedings is required, the Commission may, if it is of the opinion that the matter is urgent, or for other reasons appearing to the Commission to be sufficient, hear the application or make a decision or order as if due notice had been given to all parties, and the decision or order is as valid and has the effects in all respects as if made on due notice.

    On other matters, as you know, nuclear power plants are controversial at a minimum. This Bill can and will remove any public debate and/or approval process, when a nuclear power plant is proposed. This Bill will also remove the public (meaning an obstacle) from any role in opposition to an oil or gas pipeline coming from the Arctic to the U.S.

    In summary, Bill 46 connects all the energy developments in Alberta and provides the industry with a carte-blanche approvals process.


  2. I think Bill 46 is part of a much bigger democracy destruction plan – domino affect to give more rights to industry while taking away yet more citizen rights across the continent and deregulate everything possible (e.g the bill fits in with the goals of the TILMA and SPP – bias against the people the elected officials are supposed to represent – federally and provincially – in favour of industry).

    I work in the energy industry – corporations do not need more rights, citizens do.

    Bill 46 is typical of the Alberta Un Progressive Non Conservative government – claim to be protecting democratic rights when in reality it is steadily destroying them.

    Some MLAs have told their constituents that they have not even read the bill.

    Bill 46 comes at a time when nuclear power is being pushed in Alberta. Many transmission lines will be needed for the planned nuclear power plants – with this bill, the new EUB will have the power to approve projects without letting you know and quash your rights to speak. If you are by some miracle provided a moment of democracy under BIll 46, the law breaking and lying EUB can restrict your right to outside legal counsel. Would you like to be represented by a lying, law breaking EUB lawyer?

    Citizens across the continent need to protest this bill. As soon as it passes in Alberta, a similar bill will likely pass in your province or state.

    The people need to stand strong in opposition to this bill – even if it is passed. Protest must continue, no matter what province or state you live in.

    Democracy takes work and time. BIt by bit our rights have been removed. Canadian apathy and laziness supports this bill, and will make it pass. Stand up for your rights. DO SOMETHING! GET OTHERS INVOLVED! Take a group to the premiers office, and march peacefully in the streeet to protest this bill.

    I think Stelmach is still taking orders from King Ralph. Stelmach was always a yes man. Looks like nothing has changed.

    I think this bill is a legal bandaid for the Alberta Government and its corrupt and law breaking and lying EUB.

  3. Ernst Environmental Services
    Box 753 Rosebud AB T0J 2T0

    October 1, 2007

    Mr. Wm A. Tilleman
    Chair, EUB

    Dear Mr. Tilleman,

    Welcome and Introduction

    Welcome to your new position. I am encouraged by what you have achieved in a short time. I trust that you will continue with appropriate clean up, all the way to stopping Bill 46 – before you leave your assignment. If you allow Bill 46 to be passed your housework at the EUB will have been in vain.

    Many critical matters require your attention – the most important is to teach EUB lawyers and Board members how to respect the law. Next, the “rubber-stamper” EUB must be transformed into the “regulator” that it was designed to be.

    My dictionary defines regulate as:

    To control or direct according to a rule

    and regulator as:

    One that regulates .. The mechanism in a watch by which its speed is governed

    From my experience, and the energy industry devastation facing Albertans, the EUB does none of these things.

    I have documented evidence of the EUB allowing EnCana to break the rules. When I presented this evidence to the EUB, I was judged a threat to EUB staff and the public (sound similar?) and banished from energy regulation to the extreme of the EUB refusing my mail and ignoring risks to public health and safety caused by the petroleum industry.

    My community’s water was compromised by EnCana because the company broke many rules. The regulator knew of this since 2004. Where are the comprehensive isotopic fingerprints of EnCana’s resource well gases and the gases in our water wells – collected over time to monitor possible changes? Why did the EUB allow Alberta Environment to refuse comprehensive data collection for over a year and EnCana to alter evidence for over a year during an official groundwater contamination investigation? How are Albertans to trust the data after such delay and tampering?

    If the EUB had acted as a “regulator”, it would never have allowed uncontrolled, unconventional energy industry activities to run rampant in the first place. A regulator would have:

    * fully addressed the questions I presented to Mr. Rick Mckee on June 8, 2006 (see attached), before the experiments began;
    * governed the pace and level of destruction in the tarsands and unconventional gas plays by carefully watching rising energy prices and costs;
    * slowed applications before they went madly out of control;
    * realized that billions were being stolen from Albertans and taken responsible action;
    * stopped industry’s abuse of Alberta and her people.

    Instead, the EUB enabled abuses. You have the ability to bring the EUB’s mandate back to acting as regulator of industry on behalf of Albertans. This must take place before the big bad EUB is split into two little bad EUB’s.

    I read Decision 2007-09-30. It would appear genuine to me, if not for Bill 46. I raise five points for your careful consideration.


    Firing two EUB underlings is not enough. Many more EUB staff and all the Board members need to be fired. Law violations and/or condoning these law violations cannot be cured by firing two underlings. All those on the Board at the time of the law breaking must also be criminally investigated.

    If you are not ready to fire the Board members at this time, Mr. John Nicol must be removed off the Suffield Joint Review Panel immediately, and that hearing process started anew.


    You need to kill Bill 46 – now, or advise the Premier that the bill must be killed. In my view, Bill 46 will create much more bias against democracy than there is now at the EUB and Alberta Government. Bill 46 is a despicable attempt to give the EUB even more power to punish Albertans who dare to exercise their democratic rights and stand up to the EUB (and thereby the Alberta government) when it is wrong or acting against the public interest (as if often the case).

    I expect it was easy for the Alberta government, Altalink and EUB to agree to cancel the 500 Kv proceedings. The alternatives for Altalink under Bill 46 are tantalizing and slick:

    1. Altalink will be given an approval for the 500 KV line under Section 9(1) without having to give public notice or hold a hearing, and your press release of yesterday will be added to the mountain of EUB and government falsehoods.

    2. If the new EUB decides not to punish Lavesta Group et al and grants a hearing, Section 9 can be used to disallow the adversely affected landowners and consumers from making verbal representations, thereby not granting a “hearing” at all.

    3. If adversely affected landowners and consumers are allowed by some miracle to participate in democracy, Section 9(4) can be used to restrict their ability to hire legal counsel. I understand that you, Mr. Tilleman, are a lawyer. Do you think it fair that adversely affected citizens are not allowed legal counsel, but the energy industry is? Imagine the irony! Adversely affected citizens are paying for industry’s lawyers with 2 billion in stolen royalties, but the people are restricted legal counsel? Mr. Tilleman, if your home was being taken away to export electricity to America under the guise of need for Calgary, would you want legal counsel or would you hand over your keys to Altalink muttering thanks as you walked away from your home forever?

    4. Amazingly, Section 98(2) makes Bill 46 retroactive to June 1, 2003, eliminating Altalink’s requirement to prove need or that the line is in the public interest. How convenient and vile. And what about other EUB law violations that have yet to be exposed and investigated? What if the EUB violated the Canadian Charter of Rights and Freedoms by prejudicing against me and my fellow Albertans by calling us dangerous, instead of the out of control energy companies that unconscionably put citizen health and safety at risk while the EUB looked the other way? Cleaning house, means getting rid of the dirt. Bill 46 sweeps the dirt under the carpet, where it will fester with dust mites forever.

    Bill 46 will kill democracy in Alberta. Why give the already too powerful and apparently corrupt EUB more power?


    Please find attached a letter I wrote Mr. Mckee on April 2, 2007. Mr. Mckee, in true EUB stonewalling form, did not respond. This is not surprising. Mr. Mckee has been stonewalling my questions and concerns for a very long time.

    I request that the EUB appropriately reimburse Lavesta, Mr. Joe Anglin and Mr. Julian Bodnar for their time and expenses, as well as all other intervenors that may have been prejudiced against, and advise me in writing when the EUB has done so. The EUB admitted it was wrong and biased. EUB members were caught violating the public interest; they broke the law and lied when they got caught, yet they were still paid. Mr. Anglin and Mr. Bodner worked very hard to notify the public and protect the public interest. They deserve to be paid; the law breaking Board members do not.

    Will all the intervenors and their lawyers get paid full time costs and expenses for their work related to the canceled proceedings? Will the EUB reimburse Lavesta et al for their Court of Appeal costs? In my view, the EUB owes them for these costs and more. Will the tax payer or the companies standing to profit from the 500 KV line pay these costs?


    The CEAA website for the EnCana at Suffield project appears to be having troubles posting my letters and supporting documents. Please contact CEAA and advise them to fully, and without prejudice, post my submissions. Most of them relate to the wrong doings of the EUB and my concerns about Mr. John Nicol being on the Joint Review Panel. In my view, there is bias against me and my concerns by removing or not posting my submissions. I have little free time. Preparing submissions and checking to see if they are posted or removed is not an easy task, nor do I get paid for this work. Having citizen submissions removed is anti democratic. Perhaps Mr. John Nicol is responsible for this; perhaps EnCana is. Regardless, please put a stop to it. Citizens concerned about the Suffield National Wildlife Area and EnCana’s violations there have a right to the truth about Mr. Nicol and the EUB in general. I attached below the contact information for the CEAA staff managing the Joint Review Panel.


    The EUB is with holding many pages of my FOIP request (Reference No. 2007-G-0027) and is charging me for copying many documents I specifically did not ask for. To prove that the EUB was telling the truth when it claimed that the regulator has only spied on the people twice in the regulator’s history, please promptly order the release of the pages the EUB is refusing me. I have the right to know now (not fifteen years from now) whether or not the EUB spied on me and what legal advice the EUB was given in regards to the regulator ignoring its fiduciary responsibilities in my case, and banishing and stonewalling me instead of regulating industry.


    I find it disgusting how the EUB has behaved. I have little faith that two baby EUB’s with the same Board members and lawyers will behave any better. The Board members must be fired. I expect a number of EUB lawyers need to be ousted too. Bill 46 must be killed, and started anew – with real and honest “people” input – not synergy biased, energy industry controlled input.

    Please respond fully, honestly and appropriately. Alberta is a magnificent province; her people even more so. If you mock us with false clean up, we will know.


    Jessica Ernst
    Ernst Environmental Services

    CEAA contact Information:

    Marie-France Therrien
    Panel Co-Manager
    Joint Review Panel for the EnCana Shallow Gas Infill Development Project
    160 Elgin Street, 22nd Floor, Place Bell Canada
    Ottawa, Ontario K1A 0H3
    Tel: 613- 957-0324
    Jodie Smith
    Panel Co-Manager
    Joint Review Panel for the EnCana Shallow Gas Infill Development Project
    640- 5th Avenue S.W.
    Calgary, AB T2P 3G4
    Tel: 403-297-3541

    What really happened
    The Edmonton Journal
    Published: Monday, June 25, 2007

    I was at the hearing, in the front row, when the so-called violence took
    place. I witnessed an ill and elderly couple, in or near their 80s and
    facing a third transmission line on their property, being harassed by AEUB

    In response, the wife tried to slap the AEUB lawyer, who then pushed her.
    Her husband desperately tried to get to his wife, but AEUB staff physically
    prevented him from doing so.

    I held my breath in shock. This cannot be happening, I thought. This woman
    has cancer and the AEUB knows this.

    Finally the elderly gentleman pushed through and reached his wife. He gently
    wrapped his arms around her and drew her away. Still, AEUB staff tried to
    interfere with the couple.

    It was horrid watching an AEUB lawyer push a senior. It was worse to hear
    the AEUB’s distorted reports about what happened, and use the incident to
    keep the public out of a “public” hearing.

    For the AEUB to be using their distorted truth as justification to spy on
    Albertans is outrageous.

    Jessica Ernst, Rosebud © The Edmonton Journal 2007

  4. Give ’em an earful:
    Here is the web site to give your feed back to the Alberta Government.

    Use it often!


  5. Let’s take action, here!!! If we don’t fight for our democratic rights, we’ll lose them. I’m afraid we already have…(at least some of them). Let’s not lose anymore.


  6. I am disgusted and appauled that this is happening in Alberta. I knew the underhanded dealings of the Government, as everyone does, but this is getting blatant and sickening. I think this is also a good wake up call for all of the people who do not think that they can change anything by saying anything. This is the result of not saying anything for so long. Now is the time to take action. Because if you don’t, things will get a lot harrier and scarrier in the future. Stand up for the right and what you believe in. The powers that be are not really that brave, you know.

  7. So now Bill 46 has passed in spite of all your efforts …..cannot be killed anymore. Majority of Albertans have no idea what it means to them. But there is some hope. The upcoming Alberta election (March, April?) can be made a huge platform to explain the repercussions of this law to the electorate. Therefore it is important that this website remains up to date and is a base of information for the candidates and electorate alike. Voting for the Alberta PC party means giving away one’s land, one’s pension, one’s revenue, one’s lifestyle, one’s savings and it will certainly devalue one’s land. Surely everybody can relate to that? With the passage of this bill our land has been devalued already (…counted the For Sale signs in rural areas recently? – those are folks who want to cash in before their property is not worth a dime anymore when big industry has taken occupation of it). Every PC candidate or existing PC MLA should be branded with ” he (or she) is the person who took property rights – and democracy – away from us”.

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