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Category: Environmental Page 13 of 59

Alberta Heads the Wrong Direction with Bill 79 – the Proposed Trails Act

By: Shaun Fluker and David Mayhood

PDF Version: Alberta Heads the Wrong Direction with Bill 79 – the Proposed Trails Act

Bill Commented On: Bill 79, the Proposed Trails Act, 2nd Sess, 30th Leg, Alberta, 2021

On November 2, 2021, the Minister of Environment and Parks (Jason Nixon) introduced Bill 79 – the proposed Trails Act – into the legislative assembly for first reading. Initial public reactions varied significantly from the positive endorsements given by recreational trail user groups (such as those quoted in the government’s media statement) to the critical assessments on social media (see here) and environmental groups (such as the Alberta Wilderness Association). One thing Bill 79 does not implement is the trail permit fee on off-highway vehicle (OHV) users which the Minister previously indicated was forthcoming. This omission not only further highlights the glaring absence of the McLean Creek area from the access fee imposed by the Kananaskis Conservation Pass, it also reinforces the view that OHV users have the Minister’s ear on policy development. In this post, we critically examine the actual content in Bill 79 and explain why the proposed Trails Act will result in further damage and destruction to public lands in Alberta.

Another Year Gone Under the Mine Financial Security Program

By: Drew Yewchuk

PDF VersionAnother Year Gone Under the Mine Financial Security Program

Legislation Commented On: Annual Mine Financial Security Program Submissions, 2021 Submissions for 2020 Reporting Year

In a post back in May 2021, I complained about a change to Alberta’s Mine Financial Security Program (MFSP). This is a follow-up post in response to the Alberta Energy Regulator (AER) posting the annual submissions under the program on September 30, 2021. Note that each annual submission is for the September of the previous year, so the 2021 report is relevant to the situation in September 2020.

The MFSP is Alberta’s system for ensuring that companies pay for the reclamation and remediation of their mines, both oilsands and coal (but not conventional oil and gas, which is handled by a different liability management system that also does not work properly). In short, the MFSP allows companies to use an asset safety factor against their estimated future environmental liabilities, such that if a mine’s resource assets are worth more than three times the total anticipated reclamation costs (3:1), nothing beyond an initial (and wholly inadequate) ‘base deposit’ is required, provided also that the planned reclamation is conducted as scheduled, and the mine has more than 15 years of reserves remaining. Companies may also choose to skip those calculations and pay full security based on an estimate of the total cost of clean-up.

Province Issues Request for Expressions of Interest for Carbon Sequestration Hub Proposals

By: Nigel Bankes

PDF Version: Province Issues Request for Expressions of Interest for Carbon Sequestration Hub Proposals

Documents Commented On: Request for Expressions of Interest for Carbon Sequestration Hub Proposals, September 9, 2021 and Carbon Sequestration Tenure Management

In early May of this year, the Department of Energy issued Information Letter 2021-19 on Carbon Sequestration Tenure Management. In that letter, the Department indicated that it would be calling for proposals for sequestration hubs by “late spring” (at 2). I commented on the Information Letter here. Well, late spring morphed into late summer, and a call for proposals morphed into a Request for Expressions of Interest (REOI) with the expectation that a Request for Full Project Proposals (RFPP) will be posted in December of this year and successful proponents selected by the end of March 2022 (Alberta Energy web page).

Beyond Carbon Pricing: An Assessment of the Major Parties’ Other Environmental Policies

By: Martin Olszynski and Sharon Mascher

PDF Version: Beyond Carbon Pricing: An Assessment of the Major Parties’ Other Environmental Policies

Matter Commented On: Secure the Future (Conservative Party of Canada); Forward, For Everyone (Liberal Party of Canada); Ready For Better (New Democratic Party); Be Daring (Green Party of Canada)

Climate change is widely recognized as the most important environmental problem facing humanity. Indeed, in its recent opinion upholding the constitutionality of the federal Liberals’ carbon pricing regime, the Supreme Court of Canada acknowledged not only that climate change is real and caused by human activity, but also that “it poses a grave threat to humanity’s future” (References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11 (CanLII) at para 2). The unsurprising result is that climate change now dominates environmental law and policy discourse. Indeed, at times – such as the current election period – it feels like climate policy has displaced all other environmental policy entirely. As one manifestation of this, Canadian voters have access to several independent and expert assessments of the parties’ climate policies (see here, here, here, and here), but very little with respect to the parties’ remaining environmental commitments. This post is intended to help remedy that situation by focusing on the non-climate aspects of each of the major federal parties’ environmental policies. We do also provide some relatively minor commentary on those aspects of the parties’ climate policies that we feel haven’t been sufficiently addressed.

Conflating Dissent with Disloyalty, Allan Inquiry sets a Dangerous Precedent

By: Martin Z. Olszynski

PDF Version: Conflating Dissent with Disloyalty, Allan Inquiry sets a Dangerous Precedent

Matter Commented On: The Public Inquiry into Anti-Alberta Energy Campaigns

It’s late fall 2022. A popular mayor of a southern Alberta town wakes up to a peculiar email: the Second Public Inquiry into Anti-Alberta Energy Campaigns has reviewed several news reports from 2020 and 2021, as well as his social media account, and has determined that he engaged in an “anti-Alberta energy campaign.”

Just a bit down the highway, a popular Alberta country singer finds a similar email. They’ve each been given two weeks to respond. Confused, each writes back to the Inquiry to insist that they’re absolutely not anti-Alberta: they’re proud Albertans who care deeply about its lands and waters, especially the eastern slopes of the Rockies and the vital headwaters found there.

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