Regulatory bodies are becoming increasingly involved in the sale and liquidation of an insolvent oil and gas corporation’s assets. This paper discusses the enforcement of regulatory powers in an insolvency, with a particular focus on the recent case of Re Redwater Energy Corporation, 2016 ABQB 278, discussing arguments raised in the case and the Alberta Energy Regulator’s position on them. As well, recent decisions from the Alberta Surface Rights Board are also commented on to highlight the difficulty regulators are having when faced with constitutional questions stemming from an insolvency.

This paper is part of a collection presented at LESA’s 2016 The Constitution in the Insolvency Tool Box program.