March 3, 2016

To: Parties currently registered in Proceeding 20581

EPCOR Distribution & Transmission Inc.
Rossdale Substation Building Expansion
Proceeding 20581
Application 20581-A001
Ruling on the jurisdiction of the Alberta Utilities Commission to consider a
Notice of a Question of Constitutional Law filed by the Samson Cree Nation
1.
In this ruling the Commission must decide its jurisdiction to consider a question of
constitutional law set out in a notice issued by the Samson Cree Nation on December 17, 2015,
pursuant to Section 12 of the Administrative Procedures and Jurisdiction Act. The Samson Cree
Nation raised the following question in its notice:
Has the Crown discharged its duty to consult with Samson Cree Nation in respect of any
adverse effects upon Samsons Aboriginal and Treaty rights that may arise from the
proposed Rossdale Substation Building Expansion?

2.
The Minister of Justice and Solicitor General of Alberta (Alberta) and EPCOR
Distribution & Transmission Inc. (EDTI) each argued that the Commission had no jurisdiction to
consider the question of constitutional law. The Samson Cree Nation disagreed with these
submissions and argued that the Commission possesses the necessary jurisdiction to consider the
question of constitutional law set out in its notice.
3.
After considering the submissions of Alberta, the Samson Cree Nation and EDTI, the
Commission has concluded that it is not required to assess the adequacy of Crown consultation
in these circumstances because it is deciding upon an application by EDTI, a corporate entity, for
a project to be located entirely on freehold lands within the Rossdale industrial site in a
proceeding in which the Crown was not a participant. In the Commissions view, the only
consultation that the Commission is required to assess in this proceeding is that conducted by
EDTI in accordance with the Commissions requirements. It is in this context that the
Commission must consider the conditions proposed by the Samson Cree Nation in its argument.
The Commission will provide its reasons for this conclusion in its decision on EDTIs
application.

Alberta Utilities Commission

March 3, 2016

Page 2 of 2

4.
Having regard to the foregoing, the Commission dismisses the Samson Cree Nations
Notice of Constitutional Question and will proceed with its determination of EDTIs application.
To that end, the Commission directs EDTI to file its written reply argument by no later than
Friday, March 11, 2016.

(original signed by)

Tudor Beattie, QC
Panel Chair

(original signed by)

Neil Jamieson
Commission Member

(original signed by)

Patrick Brennan
Acting Commission Member

Dated in Calgary, Alberta on March 3, 2016.

The Alberta Utilities Commission