Rule 016: Review of Commission Decisions

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The Alberta Utilities Commission is proposing amendments to Rule 016: Review of Commission Decisions as part of its continuous effort to implement process efficiencies identified in the Report of the AUC Procedures and Processes Review Committee. As noted in the report, the Supreme Court of Canada re-examined its standard of review framework in a decision titled Canada (Minister of Citizenship and Immigration) v Vavilov, which alters the standard of review applicable to many Commission decisions.

In light of the decision’s effect on appellate review of Commission decisions and as part of its ongoing review of its case management procedures, the Commission is proposing amendments to Rule 016 that will:

  • Limit review applications to errors of fact, or mixed fact and law where the legal principle is not readily extricable.
  • Change the filing deadline for review and variance applications to 30 days after the original decision is issued.
  • Introduce page limits for applications and reply submissions.

The Commission is also proposing process changes. Where the outcome of a review application is clear on its face, the Commission will move straight to a decision rather than seeking submissions from other parties. Where submissions from other parties are warranted, the Commission will eliminate the statement of intent to participate stage and proceed directly to requesting submissions from parties.

Please provide your comments in the Discussion section below or submit your comments as one document using the Submit a document tool below.

The submission deadline is Tuesday, February 24, 2021.


The Alberta Utilities Commission is proposing amendments to Rule 016: Review of Commission Decisions as part of its continuous effort to implement process efficiencies identified in the Report of the AUC Procedures and Processes Review Committee. As noted in the report, the Supreme Court of Canada re-examined its standard of review framework in a decision titled Canada (Minister of Citizenship and Immigration) v Vavilov, which alters the standard of review applicable to many Commission decisions.

In light of the decision’s effect on appellate review of Commission decisions and as part of its ongoing review of its case management procedures, the Commission is proposing amendments to Rule 016 that will:

  • Limit review applications to errors of fact, or mixed fact and law where the legal principle is not readily extricable.
  • Change the filing deadline for review and variance applications to 30 days after the original decision is issued.
  • Introduce page limits for applications and reply submissions.

The Commission is also proposing process changes. Where the outcome of a review application is clear on its face, the Commission will move straight to a decision rather than seeking submissions from other parties. Where submissions from other parties are warranted, the Commission will eliminate the statement of intent to participate stage and proceed directly to requesting submissions from parties.

Please provide your comments in the Discussion section below or submit your comments as one document using the Submit a document tool below.

The submission deadline is Tuesday, February 24, 2021.


Discussions: All (4) Open (4)