By: Nigel Bankes
Decisions commented on: Montreal Trust Company of Canada v Astl, 2026 ABKB 255 (CanLII) and Montreal Trust Company of Canada v Astl, 2026 ABKB 510 (CanLII).
PDF Version: A Successor in Title to the Settlor of a Trust (a GRTA) Cannot Apply to Vary That Trust
By: Nigel Bankes
Decisions commented on: Terra Energy Corp (Re), 2023 ABKB 236 (CanLII); Alberta (Energy and Minerals) v Spartan Delta Corp, 2026 ABCA 214 (CanLII); Alberta (Energy and Minerals) v Canadian Natural Resources Limited, 2026 ABCA 213 (CanLII)
PDF Version: Joint Responsibility Under Alberta’s Mines and Minerals Act
Alberta’s Mines and Minerals Act, RSA 2000, c M-17 (MMA) refers to the concept of joint responsibility in two places. Both references were added to the MMA in 2003, see SA 2003, c 18. This post reviews three cases that consider these provisions of the MMA: Terra Energy Corp (Re), 2023 ABKB 236 (CanLII) (Terra Energy), Alberta (Energy and Minerals) v Spartan Delta Corp, 2026 ABCA 214 (CanLII) (Spartan Delta), and Alberta (Energy and Minerals) v Canadian Natural Resources Limited, 2026 ABCA 213 (CanLII) (CNRL).
By: Nigel Bankes
Decisions Commented On: (1) Request for a Regulatory Appeal by E3 Lithium Ltd. (E3), April 14, 2026; (2) Request for a Regulatory Appeal by PrairieSky Royalty Ltd. (PrairieSky), April 14, 2026; and (3) Request for Regulatory Appeal by Canpar Holdings Ltd. (Canpar), April 14, 2026
PDF Version: The Next Installment in the Continuing Debate Over Pore Space Conflict in Alberta
On July 30, 2025, the Alberta Energy Regulator (AER) granted an application from Enhance Energy Inc. (Enhance) for a CO2 sequestration scheme approval under s 39(1)(d) of the Oil and Gas Conservation Act, RSA 2000, c O-6 (OGCA) for Enhance’s Origins Project. The AER granted Enhance its approval without holding a public hearing. The approval is available here. Enhance anticipates the sequestered CO2 will result in a 4 km plume radius, up to a maximum radius of 5.6 km.
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.
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.
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