Alberta releases new code of practice for solar and wind renewable energy operations

Effective May 31, the Government of Alberta (the Government) enacted its Code of Practice for Solar and Wind Renewable Energy Operations¹ (the Code), a set of rules created pursuant to Section 3.1(1)(c) of the Conservation and Reclamation Regulation.² On June 6, the Alberta Utilities Commission (the AUC) released an accompanying publication, Bulletin 2025-06: Reclamation security guidelines for wind and solar power plants,³ (the Guidelines) that set out criteria the AUC will use to evaluate the adequacy of reclamation security provided to landowners for solar and wind power.

The Code comes on the heels of the August 2023 moratorium on solar and wind energy projects⁴ and the subsequent shift towards expanded Government protections for agricultural farmland on which wind and solar projects are to be built.⁵ The Code also aligns with the new security requirements set out in the proposed amendments to AUC Rule 007: Facility Applications.⁶

In summary, the Code sets out new requirements for solar and wind projects: 

• Registering proposed and existing projects under the Approvals and Registrations Procedure Regulation;
• Providing security for reclamation costs for proposed and existing projects, either with the landowner(s) or Alberta Environment and Protected Areas (AEPA);
• Conserving and reclaiming project sites;
• Transferring ownership of projects; 
• Reporting requirements for projects; and
• Record-keeping requirements for projects.

Registration requirements

The Code requires all project proponents of proposed and existing wind and solar projects to register their projects with AEPA. For new facilities, proponents must obtain a registration from AEPA prior to commencing any ground disturbance for a renewable energy operation.⁷ For existing projects, proponents must obtain a registration from AEPA that conforms with the Code prior to January 1, 2027. The application for registration must include:⁸

• A conservation and reclamation report, which includes:
  • A conservation and reclamation plan; 
  • A pre-disturbance site assessment; 
• Spatial maps and accompanying tables that describe the wind or solar power project’s location;
• Where reclamation security is to be provided to the Government, a security estimate prepared in accordance with Schedule 1 of the Code;⁹ 
• Where reclamation security is to be provided to the landowner, a declaration that states i) security has been provided to the registered landowner on which the project is to be built, and ii) security has been deemed adequate by the AUC (a Declaration),¹⁰ and
• Any other information AEPA requires. 

Security requirements

To register a project with AEPA, the proponent must provide the appropriate security for the reclamation. The Code and the Guidelines give proponents the option of posting the security with either the Government or the landowner(s).¹¹

Required Amounts

If the proponent elects to post security with the Government, it must provide AEPA with a security estimate¹² of the project’s total reclamation cost as set out in Schedule 1 of the Code.¹³ For new solar and wind projects, the proponent must provide the Government 30% of the amount set out in the security estimate.¹⁴ For existing projects, this amount is 15%.¹⁵ However, 15 years after the date the proponent initially provided the security to AEPA, the proponent must provide at least 60% of the total reclamation costs set out in the security estimate to AEPA.¹⁶

Alternatively, the proponent may elect to post security with the landowner(s). In such cases, the proponent is required to provide AEPA with a Declaration as outlined above.¹⁷ The Guidelines set out the criteria the AUC will use to determine whether the security provided to the landowner(s) is adequate. For such projects, the proponent must provide the landowners with 40% of the amount in the reclamation cost estimate to obtain the AUC’s approval. The Guidelines do not specify whether this amount applies to new or existing projects; therefore, presumably, the 40% requirement applies to both. 

As well, 15 years after the date the proponent initially provided security to the landowner(s), the proponent must ensure it has provided at least 70% of the total reclamation cost to the landowner(s). Notably, the percentages specific to providing the landowner(s) with security are set out in the Guidelines and are not set out in the Code. The AUC notes that, in arriving at these percentages, there are “additional complexities and risks associated with landowner-held security, including the complexity involved for a hosting landowner to complete reclamation work themselves if a proponent fails to meet its reclamation obligations.”¹⁸

Approval of Proposed Security

For new projects, proponents must either provide security directly to AEPA or provide AEPA with a Declaration prior to registering their projects. If the proponent chooses to post security with the landowner(s), the security’s adequacy will be reviewed as part of the AUC’s Rule 007: Facility Applications process. 

For existing projects, the Code stipulates proponents “shall not continue to operate the existing renewable energy operation after January 1, 2027, unless a registration under [the] Code of Practice has been obtained.”¹⁹ This means owners of existing projects must register their projects with AEPA to bring the reclamation security requirements in line with the Code. 

For proponents who originally provided security to AEPA, a new application may be required with a security estimate prepared in accordance with Schedule 1 of the Code. For proponents of existing projects who originally provided security to the landowner(s), the application to AEPA requires submitting a Declaration stating the AUC has approved the form and amount of security. To obtain AUC approval, the proponent will likely need to apply to the AUC through a separate process. The Guidelines have not set out the process for initiating the reclamation security adequacy review for existing projects. 

Interestingly, a publication issued by AEPA on June 4, 2025, for landowners, Reclamation Security for Solar and Wind Renewable Energy Operations, states owners of existing projects do not need to apply for AUC approval for the reclamation security provided directly to landowners.²⁰ However, this contradicts the regulatory regime set out in the Code and Guidelines. Most likely, owners of existing power plants must still apply for and obtain AUC approval for security that has been posted with landowners.

Conservation and reclamation requirements

The Code stipulates that proponents must develop a conservation and reclamation plan in accordance with the Conservation and Reclamation Directive for Renewable Energy Operations (2018).²¹ Prior to constructing the wind or solar project, topsoil and subsoil must be salvaged from the project site in accordance with the conservation plan.²²

At the end of the project’s life, the land must be reclaimed in conformance with the reclamation plan.²³ Project proponents must:

• Backfill, grade, and contour disturbed lands to conform with the local topography;
• Replace soil materials salvaged for reclamation;
• Revegetate the plant community as identified in the conservation plan;
• Obtain written approval for the desired seed mix from the landowners on which the power plant was built. 

Additionally, the project developer is required to use only the topsoil and subsoil salvaged prior to the project’s construction during reclamation activities; the project developer may only use other soil if:²⁴

• It is allowed to do so in accordance with the conservation and reclamation plan;
• It obtains written consent from the landowners of all parcels of land on which the project was built; and
• The proposed material is chemically and physically suitable for that purpose. 

The proponent is also required to complete an interim monitoring site assessment for a minimum of three growing seasons following the project’s construction, and must complete a reclamation certificate site assessment following the site’s reclamation, both to be completed in accordance with the Conservation and Reclamation Directive for Renewable Energy Operations (2018). 

Transfer of ownership

The Code stipulates that per the Approvals and Registrations Procedure Regulation, project proponents may not transfer a power plant’s AEPA registration without AEPA’s written consent.²⁵

Reporting requirements

Any person operating a solar or wind project must report any Code contravention to:²⁶

• The proponent who holds the AEPA registration, and 
• The AEPA’s incident reporting hotline.

The Code also stipulates that a written report of any Code contravention be submitted to AEPA within seven days of learning of the contravention.²⁷

Record-keeping requirements

Finally, proponents must maintain an operating record and retain it for a minimum of five years after the date the reclamation certificate was issued.²⁸ The operating record must include, at minimum:²⁹

• Conservation and reclamation plans prepared prior to the AEPA registration;
• A pre-disturbance site assessment plan;
• Written consent of the registered landowner(s) to build and operate the project;
• Written approval from the registered landowner(s) approving the seed mix used in the reclamation;
• Written approval from the registered landowner(s) approving the topsoil and subsoil in the reclamation (as applicable); and
• Any other permits and licences applicable to the project.

The author would like to thank Isaiah Martin, articling student, for his contribution to preparing this legal update.