The County of Stettler Agricultural Service Board will test Alberta's weed enforcement process on six oil and gas well sites after receiving a provincial response outlining how municipalities should deal with weed control on both orphan and active energy sites.

The discussion came after the board sent a letter on June 17 to Alberta's ministers of Agriculture and Irrigation, Energy and Minerals and Municipal Affairs, raising concerns about the Alberta Energy Regulator's (AER) referral process and the lack of a practical way for municipalities to recover the costs of weed inspections, enforcement, administration and control work.

In its response, Alberta Agriculture and Irrigation acknowledged the concerns and recognized the gap between recommendations under the province's Mature Asset Strategy and the regulatory tools currently available to municipalities.

The ministry noted that the AER regulates only oil and gas licensees and the Orphan Well Association (OWA), creating challenges for municipalities attempting to recover costs associated with weed control. It also explained that reimbursement may now be available for weed control on orphan well sites managed by the OWA, but that option does not extend to sites operated by active licensees.

For active operators, municipalities must first issue a written notice under the Weed Control Act. If the operator does not comply after the appeal period has expired, the municipality can refer the matter to the AER under its Reasonable Care and Measures Order process. The province clarified that municipalities do not have to complete enforcement before making a referral, but a written notice must be issued and allowed to expire before the AER will consider the matter.

Agricultural Operations Manager Robert Klatt told the board the response provided much-needed clarification on how the process differs between orphan wells and active sites.

Board members agreed the guidance helps explain the procedures but said questions remain about whether municipalities can realistically recover the time and money spent enforcing weed legislation.

The board noted that orphan wells now have a defined point of contact through the OWA, while active sites operated by financially struggling companies could still prove difficult when it comes to recovering municipal costs.

Coun. Justin Stevens said municipalities should not expect landowners to deal with weeds on oil and gas leases, particularly where safety concerns exist.

He said many landowners should not be expected to enter well sites because of the hazards that may be present.

Rather than debate the process further, the board agreed to test it.

Administration will issue formal weed control notices on three orphan well sites and three active well sites to determine whether the system works in practice or whether significant obstacles emerge during enforcement.

The board also passed a motion directing administration to report back on the amount of staff time, resources and costs involved in enforcing weed control on both types of sites.

Stevens said the trial is important because the county needs to understand what the process will actually cost taxpayers before committing significant municipal resources to widespread enforcement if cost recovery proves difficult.

The findings from the pilot project are expected to help determine whether Alberta's current regulatory process provides municipalities with an effective way to ensure weed control on oil and gas sites while protecting local taxpayers from bearing the financial burden.