Alberta landowners fear repeat of orphan well crisis as renewable energy booms

Once bitten, twice shy.
It's an old adage that explains why Jason Schneider, the elected reeve of Vulcan County, Alta., is jittery about the renewable energy boom under way in his province.
Like many in rural Alberta, Schneider is still smarting over the way municipalities were left holding the bag when an oil price crash nearly a decade ago resulted in billions of dollars of unfunded liabilities left behind by bankrupt fossil fuel companies.
In Vulcan County alone, the landscape is littered with hundreds of wells with no owners that need to be cleaned up, and the municipality itself is owed more than $9 million in back taxes left unpaid by insolvent oil and gas firms.
So Schneider has a hard time looking at acre upon acre of massive wind turbines or solar panels without fearing a repeat of Alberta's orphan well crisis, or wondering who's going to fix everything if something goes wrong.
"These are large industrial developments, and the reclamation costs are going to be substantial," he said.
"We can see the warning signs, and we are being ignored."
Across rural Alberta, concerns are growing about the long-term implications of the province's renewable energy boom — the speed and scale of which has been nothing short of stunning.
A province that not that long ago was largely reliant on coal for electricity, Alberta is now home to more than 3,800 MW of wind and solar capacity, 1,350 of which came online in just the last 12 months. An additional 1,800 MW of capacity is currently under construction, putting the province on track to meet or exceed the target it set in 2016 to generate 30 per cent of its total electricity from renewable sources by 2030.
In Schneider's Vulcan County, which is home to both the country's largest solar farm and one of Western Canada's largest wind farms, renewable energy developments now account for more than 40 per cent of the local tax base, displacing oil and gas as the number one source of revenue for the local municipal government.
But while many in rural Alberta welcome the economic activity, and farmers and ranchers enjoy the extra income that playing host to solar panels or wind turbines can bring, others are sounding the alarm.
For example, the Rural Municipalities of Alberta recently passed a resolution calling on the provincial government to protect taxpayers from incurring costs associated with the potential decommissioning of renewable energy infrastructure.
Specifically, the association wants to see the government mandate the collection of securities for reclamation from developers before a project goes ahead. That way, municipalities won't be footing the bill if a developer becomes insolvent and walks away.
"What we’ve learned, and what Albertans have learned, is that the cheapest way to get out of reclamation is going bankrupt," said Paul McLauchlin, president of the Rural Municipalities of Alberta.
"Some of these solar installations are being installed by one company, sold to another company ... I talked to a gentleman who’s on his fifth owner, and his solar installation has been there maybe two years. So we’re seeing small companies owning these, and whether they have the wherewithal for reclamation, that’s really what’s driving this conversation.”
In Alberta, the Orphan Well Association is an industry-funded organization tasked with decommissioning old oil and gas infrastructure and returning the land to its prior state. (It's currently backlogged, in spite of a $1 billion funding injection from the federal government in 2020, as well as $335 million in loans from the province.)
But there's no equivalent for the renewable energy industry, though renewable energy companies are required to provide an overview of how they plan to cover decommissioning and reclamation costs before they can receive the go-ahead for their project.
However, for a landowner, entering into a wind or solar lease is entirely voluntary. That's very different from oil and gas, where under Alberta law, property owners are not allowed to refuse companies seeking to develop the fossil fuels that lie under the surface of their land.
Evan Wilson, director of policy and government affairs for the Canadian Renewable Energy Association, said that because solar and wind leases remain private civil contracts between the developer and the landowner, the onus is on the landowner to ensure the inclusion of some kind of provision to mitigate risks associated with the project's end-of-life.
But he added many companies do offer landowners some form of reclamation commitment, either in the form of a letter of credit or bond.
"Landowners do have the ability to veto these projects being built on their land," Wilson said.
"So that puts a lot of pressure on our members to ensure that landowners do feel comfortable with the terms."
Sara Hastings-Simon, an expert in energy, innovation and climate policy at the University of Calgary's School of Public Policy, said it's understandable that municipalities have concerns.
However, she said it's odd that there's a push to enforce new regulations for the renewable sector, when the scope of the orphan well problem shows the oil and gas regulatory system could also use an overhaul.
According to the Alberta Energy Regulator, there are more than 83,000 inactive oil and gas wells in the province currently, and close to 90,000 more that have been sealed and taken out of service, but not yet fully remediated.
A report released last year by the Parliamentary Budget Officer estimated that the cost of orphan well clean-up in Canada will reach $1.1 billion by 2025.
“Obviously we need to make sure that all of our industrial development is done in a way that doesn’t offload costs to the public," Hastings-Simon said.
"But it would make a lot of sense for the province to look at energy development holistically, rather than just picking the one that right now perhaps has more growth.”
This report by The Canadian Press was first published Jan. 29, 2023.
CTVNews.ca Top Stories
W5 investigates | Priest, neighbours issue plea for help for struggling international students in Cape Breton
Cape Breton University has more than doubled in size by enrolling thousands of international students, and critics say the campus and community weren't ready. Watch the documentary 'Cash Cow' on CTV W5, Saturday at 7 p.m.

Afghan women cyclists who escaped the Taliban are chasing their dreams in Canada
After the Taliban returned to power in Afghanistan and banned sports for female athletes, Afghan women cyclists are chasing their dreams in Canada.
Unable to leave Syria, mothers of Canadian children forfeit repatriation to keep their families together
In a choice forced upon them by the Canadian government, four mothers have made the agonizing decision to forfeit an opportunity to repatriate their children from open air prisons in northeast Syria.
Recent immigrants more likely to have confidence in Parliament, Canadian media: Statistics Canada
Statistics Canada has released its new report about the Canadians level of confidence in Canada’s institutions, finding that recent immigrants are more likely to express confidence in the media and parliament.
Federal minimum wage, taxes on alcohol: Here's what's changing in Canada April 1
The federal minimum wage is increasing from $15.55 per hour to $16.65, and taxes are going up on gas and alcohol nationwide starting April 1.
A glass of wine or beer per day is fine for your health: new study
A new Canadian study of 4.8 million people says a daily alcoholic drink isn't likely to send anyone to an early grave, nor will it offer any of the health benefits touted by previous studies, even if it is organic red wine.
MP Han Dong issues libel notice to Global News over China interference reporting
Lawyers representing Toronto MP Han Dong served Global News with a libel notice on Friday over reports that alleged he spoke to a Chinese diplomat in February 2021 about delaying the release of the two Michaels, and that he was a 'witting affiliate' of Chinese interference networks – allegations that Dong denies.
Here's what to expect from the Canadian cottage market this year
A recent report from Royal LePage is predicting a drop in prices for Canadian cabins and cottages this year as demand softens from economic uncertainty and low housing stock.
Interim RCMP commissioner would support Criminal Code changes for stricter gun laws
Interim RCMP commissioner Michael Duheme says he would support the Criminal Code changes recommended in the Mass Casualty Commission report to implement stricter gun laws.