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Category: Environmental Page 1 of 59

Bill 30, Expedited Project Approvals: Proponents Should Look Before They Leap

By: Nigel Bankes and Drew Yewchuk

Matters Commented On: (1) Bill 30: Expedited 120 Day Approvals Act, first reading, April 14, 2026, (2) Press Release, Faster Approvals for Major Projects, April 14, 2026, (3) Bill-30, Streamlining project approvals, the press conference featuring Minister Jean, April 14, 2026.

PDF Version: Bill 30, Expedited Project Approvals: Proponents Should Look Before They Leap

This post examines Alberta’s Bill 30, a bill that proposes to offer a project proponent the option to seek expedited project approval. The post begins with an account of the reasons offered by the United Conservative Party (UCP) for the Bill, followed by an account of the expedited approval scheme that the bill proposes. It then offers a critique of some different aspects of Bill 30 before suggesting that a proponent should think carefully before accepting the government’s offer of an expedited process – it may be a poisoned chalice.

The Next Shoe Drops. The Northback (Grassy Mountain) Interests File an International Investment Law Claim Against Canada

By: Nigel Bankes and Kyla Tienhaara

Matter Commented On: Request for Arbitration, Riversdale Resources Pty Ltd and Hancock Prospecting Pty Ltd v Canada, December 16, 2024, and Notice of Intent to Submit a Claim, September 17, 2024

PDF Version: The Next Shoe Drops. The Northback (Grassy Mountain) Interests File an International Investment Law Claim Against Canada

In December 2024, the Australian parent companies of Northback Holdings (Northback) filed a Request for Arbitration (RFA) with Canada under the terms of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP or Agreement) alleging breach of  Canada’s investment obligations under that Agreement. The claim follows the rejection of the Grassy Mountain coal project by a joint federal–provincial review panel and subsequent domestic litigation. The case is part of a broader trend of investor-state dispute settlement (ISDS) claims challenging environmental decision-making in resource projects.

The Proposed Co-operation Agreement on Environmental and Impact Assessment between Canada and Alberta

By: Nigel Bankes

Document Commented On: Draft Co-operation Agreement on Environmental and Impact Assessment between Canada and Alberta, March 6, 2026

PDF Version: The Proposed Co-operation Agreement on Environmental and Impact Assessment between Canada and Alberta

On March 6, 2026 the Governments of Canada and Alberta released a draft co-operation agreement on “Environmental and Impact Assessment”, thereby leading the way to fulfilling one of the undertakings contained in the Memorandum of Understanding on Energy (MOU) signed by the two governments on November 27, 2025. The MOU committed the parties to “Negotiate a cooperation agreement on impact assessments on or before April 1, 2026, that reduces duplication through a single assessment process that respects federal and provincial jurisdictions.” The Draft Agreement is open for comment until March 26, 2026.

AlphaBow Again Challenges AER Enforcement Related to Oil and Gas Closure Liabilities During Insolvency 

By: Drew Yewchuk

Decisions Commented On: Re AlphaBow Energy Ltd., 2025 ABKB 622 (CanLII) (AlphaBow ABKB); Re AlphaBow Energy Ltd., 2026 ABCA 35 (CanLII) (AlphaBow ABCA)

PDF Version: AlphaBow Again Challenges AER Enforcement Related to Oil and Gas Closure Liabilities During Insolvency

This post comments on two decisions relating to the ongoing insolvency process of AlphaBow Energy Ltd. (AlphaBow). AlphaBow brought challenges to the power of the Alberta Energy Regulator (AER) to require security deposits as a condition for transferring oil and gas licences from AlphaBow’s inventory. AlphaBow was unsuccessful at King’s Bench and then failed to get leave to appeal from the Court of Appeal.

This post provides some background to AlphaBow’s insolvency, summarizes the two decisions, and concludes with commentary on what AlphaBow’s ongoing insolvency process shows about oil and gas closure liability management and insolvency in Alberta. 

The Light Goes Out at the NRCB on Major Recreational Project Reviews

By: Shaun Fluker

Legislation Commented On: All-season Resorts Act, SA 2024, c A 38.5

PDF Version: The Light Goes Out at the NRCB on Major Recreational Project Reviews

At some point during the last few months of 2025, the Alberta Natural Resources Conservation Board (NRCB) seems to have erased some history on reviewing major recreation and tourism projects in Alberta, by removing from its website several recreational project review decisions the NRCB issued in the early 1990s. This became apparent to me recently, as I prepared for a media interview to discuss the application by Fortress Mountain Holdings Ltd. under the All-season Resorts Act to construct and operate a new commercial and recreational destination in Kananaskis Country at the site of the former Fortress Mountain ski area (see here for some earlier media coverage of this expansive application). This short comment critiques the All-season Resorts Act and the removal of NRCB jurisdiction over major recreational projects.

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