Category: Environmental Page 54 of 59

A couple weeks ago on ABlawg I suggested that the law governing standing to contest an energy project in front of the Energy Resources Conservation Board (ERCB) is becoming unglued (see The problem of costs at the Energy Resources Conservation Board: Leave to appeal granted in Kelly #4).The first change came out of the Court of Appeal’s October 2009 decision in Kelly v. Alberta (Energy Resources Conservation Board, 2009 ABCA 349, (and see The Problem of Locus Standi at the Energy Resources Conservation Board: A Diceyan Solution). The Court of Appeal has subsequently granted two leave applications made by Susan Kelly that concern the interpretation of sections 26 and 28 of the Energy Resources Conservation Act (ERCA), R.S.A. 2000, c. E-10. These additional appeals have yet to be heard, but I am certain the Court’s ruling in both matters will result in further changes to the law concerning who must be heard at the ERCB. The ERCB’s recent standing ruling in West Energy/Daylight Energy Section 39 Review Decision, 2011 ABERCB 002 suggests to me that the Board has lost its way on how to apply section 26(2) of the ERCA.

ALSA and the property rights debate in Alberta: a certificate of title to land is not a “statutory consent”

By Nigel Bankes

On February 11, 2011

In Environmental, Property, Protection of Spaces

PDF version: ALSA and the property rights debate in Alberta: a certificate of title to land is not a “statutory consent”

Statute commented on: Alberta Land Stewardship Act, SA 2009, c.A-26.8

There is significant public debate in Alberta about a series of measures introduced and passed by the provincial government over the last 18 months. These measures include: (1) the Land Assembly Project Area Act (sometimes known as Bill 19, now SA 2009, c. L-2.5, yet to be proclaimed), (2) the Electric Statutes Amendment Act, SA 2009, c.44 (Bill 50), (3) the Alberta Land Stewardship Act, SA 2009, c.A-26.8 (ALSA), and (4) Bill 24, the Carbon Capture and Storage Statutes Amendment Act (Alberta), SA 2010, c.14. I won’t deal with all aspects of the debate but I do want to comment on one aspect of the debate as it relates to ALSA.

The problem of costs at the Energy Resources Conservation Board: Leave to appeal granted in Kelly #4

By Shaun Fluker

On January 26, 2011

In Environmental, Intervenors and Standing

PDF version: The problem of costs at the Energy Resources Conservation Board: Leave to appeal granted in Kelly #4

Case considered: Kelly v. Alberta (Energy Resources Conservation Board), 2011 ABCA 19

The Court of Appeal has granted leave on a matter that I believe has the potential to produce one of the most significant decisions from the Court in some time concerning energy and environmental law in Alberta. This outcome is largely due to the persistence of Susan Kelly and many other residents, along with their counsel Jennifer Klimek, who have appeared in front of the Court numerous times in recent years seeking leave to appeal decisions by the Energy Resources Conservation Board (ERCB) that issue sour gas well licences near their homes in the Drayton Valley region southwest of Edmonton. Kelly et al have been very successful in obtaining the Court’s permission to appeal several ERCB decisions, and one result of their efforts is that the law governing the ERCB is changing. (See my previous ABlawg posts The Problem of Locus Standi at the Energy Resources Conservation Board: A Diceyan Solution and The Problem of Locus Standi at the Energy Resources Conservation Board: Leave to appeal granted in Kelly #2.

SARA has a spine as well as teeth

By Nigel Bankes

On January 3, 2011

In Environmental, Protection of Species

PDF version: SARA has a spine as well as teeth

Case commented on: David Suzuki Foundation v. Minister of Fisheries and Oceans and the Minister of the Environment, 2010 FC 1233

Eighteen months ago I blogged on Justice Zinn’s decision in Alberta Wilderness Association v. Canada (Minister of the Environment), 2009 FC 710. The decision dealt with the government’s failure to designate critical habitat for the greater sage grouse under the federal Species at Risk Act, S.C. 2002, c. 29 (SARA) as part of the development of a recovery plan. I thought that Justice Zinn’s decision confirmed that the Courts were prepared to give SARA a fairly robust interpretation and hence I suggested that the legislation was starting to “grow teeth”.

Alberta proposes to consolidate its protected areas legislation

By Shaun Fluker

On November 8, 2010

In Environmental, Protection of Spaces

PDF version: Alberta proposes to consolidate its protected areas legislation

Legislation commented on: Bill 29, Alberta Parks Act, The Legislative Assembly of Alberta, Third Session, 27th Legislature, 59 Elizabeth II

On November 4, 2010 the Minister of Tourism, Parks and Recreation introduced Bill 29, the Alberta Parks Act, for first reading in the Legislature. Bill 29 proposes to replace existing protected areas legislation in Alberta including the Provincial Parks Act, RSA 2000, c. P-35, and the Wilderness Areas, Ecological Reserves, Natural Areas and Heritage Rangelands Act, RSA 2000 cW-9. If the legislature enacts Bill 29 into law in its current form, the Alberta Parks Act will simplify the categorizations for protected areas in Alberta but the enactment will also delegate most legal authority over protected areas to Cabinet or the Minister. These are significant changes to the existing framework.

Category: Environmental Page 54 of 59

The continuing mystery of standing at the Energy Resources Conservation Board

ALSA and the property rights debate in Alberta: a certificate of title to land is not a “statutory consent”

The problem of costs at the Energy Resources Conservation Board: Leave to appeal granted in Kelly #4

SARA has a spine as well as teeth

Alberta proposes to consolidate its protected areas legislation