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Matter Commented On: Letter Decision by AER re: EIA of Pathways Alliance Carbon Capture and Storage Hub (25 October 2024)

PDF Version: AER declines request for an Environmental Impact Assessment of the Pathways Project

The Pathways Alliance Carbon Capture and Storage Hub (Pathways Project) is set to be one of the largest carbon capture and storage projects globally. In late October, the Alberta Energy Regulator (AER) decided that the Pathways Project would not be required to undergo a provincial environmental assessment under the Environmental Protection and Enhancement Act, RSA 2000, c E-12 (EPEA). The AER’s decision highlights how Alberta’s largely discretionary approach to environmental assessments under EPEA, which has not been substantively updated since its enactment in 1993, is inadequate to properly and transparently assess the effects of new and emerging major technologies. This post argues that the legislation should be amended to require a transparent assessment for new forms of major projects with potentially significant environmental, social, economic, and cultural consequences. The undertaking of a comprehensive provincial impact assessment on major projects such as the Pathways Project would also help avoid an application of the federal impact assessment process under the Impact Assessment Act, SC 2019, c 28, s 1 (IAA) for projects wholly within the province.

Shared Accommodation in Alberta: Law for Roommates and Those Sharing Living Space with Their Landlords

By Jonnette Watson Hamilton

On December 20, 2024

In Landlord/Tenant, Residential Tenancies Dispute Resolution Service

By: Jonnette Watson Hamilton

Case Commented On: Layeghpour v Paproski, 2024 ABCJ 140 (CanLII)

PDF Version: Shared Accommodation in Alberta: Law for Roommates and Those Sharing Living Space with Their Landlords

Shared accommodation has become increasingly common in Alberta for many reasons, including the unaffordability of both owned and rented housing. I discuss this phenomenon in Part One of this post. Shared accommodation includes roommates sharing a dwelling, individuals sharing living spaces with owner-occupiers of single-family homes, duplexes and condominiums, and – sometimes – multigenerational households. Sharing living space usually means sharing a kitchen, bathroom and/or living room. However, shared accommodation law is a grey area of the law – underdeveloped by Canadian courts, its existence is unknown to most people. Contrary to the expectations of many, Alberta’s Residential Tenancies Act, SA 2004, c R-17, does not apply to shared accommodation. That means the Residential Tenancy Dispute Resolution Service (RTDRS) is not available to resolve any disputes. The Innkeepers Act, RSA 2000, c I-2, does not apply either because “innkeeper” is defined to include only those who provide lodging to any person who presents themselves as a guest who appears to be able and willing to pay and “in a fit state to be received” (s 1(b)). It is the common law that applies to the relationship those sharing accommodation are found to have, whether that is a licence or a lease relationship. It is therefore best to prevent disputes with an agreement – preferably a signed, written agreement. The Centre for Public Legal Education Alberta has excellent resources for those planning or already in shared accommodations on their “Roommates and Shared Accommodation” website, which I describe in Part Two. In Part Three, I focus on my primary reason for writing this post, and that is the decision of Justice Sandra L. Corbett in Layeghpour v Paproski, 2024 ABCJ 140 (CanLII) in which she sets out much of the common law governing shared accommodations.

Going Through the Motions to Trigger the Sovereignty Act: Another Paper Tiger?

By Nigel Bankes

On December 16, 2024

In Energy, Oil & Gas

By: Nigel Bankes and Martin Olszynski

Matters Commented On: (1) Motion re the draft federal Clean Electricity Regulation, oral notice given, November 27, 2023, adopted by recorded vote on February 28, 2024, (2) Motion re proposed federal Oil and Gas Sector Greenhouse Gas Emissions Cap Regulations, debated and adopted December 2, 2024 and (3) Proposed Oil and Gas Sector Greenhouse Gas Emissions Cap Regulations, 158 (45) Canada Gazette, Part 1, November 9, 2024 and accompanying regulatory impact analysis statement.

PDF Version: Going Through the Motions to Trigger the Sovereignty Act: Another Paper Tiger?

This post assesses the second motion tabled pursuant to the Alberta Sovereignty Within a United Canada Act SA 2022, c A 33.8 (Sovereignty Act or the Act). The first motion was with respect to the draft federal Clean Electricity Regulation (the CER Motion), adopted on February 28, 2024. The second motion relates to the proposed federal Oil and Gas Sector Greenhouse Gas Emissions Cap Regulations (the Emissions Cap Motion), debated and adopted December 2, 2024. Our focus is on the Emissions Cap Motion simply because it is the most current (but we also note that, ten months later, there do not appear to be any relevant developments in relation to the CER Motion – at least none that are publicly available and certainly none that take the form of implementing regulations under the Sovereignty Act).

Alberta’s Bills Targeting Gender Diverse Youth: Comparisons, Constitutional Issues, and Challenges

By Jennifer Koshan

On December 13, 2024

In Constitutional, Youth and the Law

By: Jennifer Koshan

Commented On: Bills 26, 27, and 29 (Alberta, 31^st Legislature, 1^st Session)

PDF Version: Alberta’s Bills Targeting Gender Diverse Youth: Comparisons, Constitutional Issues, and Challenges

On December 3, 2024, the Alberta Legislature passed Bills 26, 27, and 29. These Bills place restrictions on gender diverse youth in the areas of health care, education, and sports respectively. This development means that Canada now has three provinces that have introduced legislation (in the case of Saskatchewan and Alberta) and/or policies (in the case of New Brunswick and Saskatchewan) targeting gender diverse youth. Only one of those provinces, Alberta, has included health care restrictions in its reforms. While these types of restrictions are not widespread in Canada, they deeply impact the individuals affected and their families.

New Alberta Access to Information Law Part 2: More Obstacles to Seeking Government Records

By Drew Yewchuk

On December 9, 2024

In Access to Information

By: Drew Yewchuk

Matter Commented On: Bill 34: Access to Information Act

PDF Version: New Alberta Access to Information Law Part 2: More Obstacles to Seeking Government Records

This is my second post on Bill 34: Access to Information Act, a Bill that would replace the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25 (FOIP) as Alberta’s law on the public accessibility and secrecy of government records. The first post, described major proposed changes to the right of access to government records. This second post focuses on changes to process in Bill 34, both to the access request process and administrative complaints process.