Natural Resources

Matter Commented On: A Proposal for “No Coal” Legislation: introducing An Act to Protect the Eastern Slopes of the Rocky Mountains from Coal Exploration and Development.

PDF Version: “No Coal” Legislation for Alberta’s Eastern Slopes

As readers of ABlawg will know, we have consistently provided coverage of coal law and policy issues in Alberta since the Government of Alberta revoked Peter Lougheed’s 1976 Coal Development Policy for Alberta in May 2020. Our coverage includes a collection of posts here.

The 2026 Mine Financial Security Program Update: More Volatility in Liability Estimates and an Asset-to-Liability Problem with the Fort Hills Mine

By Drew Yewchuk

On October 23, 2026

In Energy, Environmental, Natural Resources, Oil & Gas

By: Drew Yewchuk

Documents Commented On: Annual Mine Financial Security Program Submissions 2026 Submissions for 2025 Reporting Year; Mine Financial Security Program – Security and Liability, September 29, 2026.

PDF Version: The 2026 Mine Financial Security Program Update: More Volatility in Liability Estimates and an Asset-to-Liability Problem with the Fort Hills Mine

This is the annual update following the posting of the submissions for the Mine Financial Security Program (MFSP) to the Alberta Energy Regulator (AER) website. See last year’s post here. The MFSP is Alberta’s troubled system for managing the financial security for the closure (decommissioning, remediation and reclamation) of oilsands and coal mines when they stop operating. For a detailed assessment of the weaknesses in the MFSP, see this 2023 paper coauthored with Martin Olszynski and Andrew Leach, “Not Fit for Purpose: Oil Sands Mines and Alberta’s Mine Financial Security Program”. In February 2025, the Alberta government made minor changes that did not address the fundamental problems with the MFSP – see our post here.

The CER Approves the Negotiated Settlement for TMX’s Tolls and Tariffs: One More Taxpayer Subsidy for Oilsands Producers

By Nigel Bankes

On October 20, 2026

In Administrative Law, Energy, Natural Resources

By: Nigel Bankes

Decision Commented On: Canadian Energy Regulator, Approval of Trans Mountain Pipeline ULC, Negotiated Settlement, September 28, 2026

PDF Version: The CER Approves the Negotiated Settlement for TMX’s Tolls and Tariffs: One More Taxpayer Subsidy for Oilsands Producers

On September 28, 2026 the Canadian Energy Regulator (CER) approved a negotiated settlement between Trans Mountain and shippers (largely oilsands producers) on the Trans Mountain Expansion project (TMX). While one shipper took no position on the application, all other shippers filed letters in support of the application. One intervenor, the Tsleil-Waututh Nation (TWN) (not a shipper), objected to the settlement.

Experimental Deregulation: Next Steps for the Pacific Link Pipeline as the First Official Building Canada Act Project of National Interest

By David V Wright

On October 5, 2026

In Aboriginal, Energy, Environmental, Indigenous, Natural Resources, Oil & Gas

By: David V. Wright

Matters Commented On: Order in Council PC 2026-0925 (2026) and Explanatory Note for Pacific Link Pipeline Project; Building Canada Act, SC 2025, c 2, s 4

PDF Version: Experimental Deregulation: Next Steps for the Pacific Link Pipeline as the First Official Building Canada Act Project of National Interest

On October 1^st, more than one year after the new Building Canada Act (BCA) SC 2025, c 2, s 4 came into force, the first Project of National Interest (PONI) was added to Schedule 1. That means the proposed West Coast Oil Pipeline, now being called “Pacific Link”, will proceed through the fast-tracking review and approvals process established under the BCA. This post draws on a previous post and works through a series of questions to explain the legal process ahead for Pacific Link Pipeline (PLP). It concludes with short commentary on the rationale provided by the government, the broader context, and hurdles ahead.

A Successor in Title to the Settlor of a Trust (a GRTA) Cannot Apply to Vary That Trust

By Nigel Bankes

On July 28, 2026

In Natural Resources, Oil & Gas

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