Category: Natural Resources Page 1 of 21

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.

Continuing Implementation of Revisions to the Columbia River Treaty

By Nigel Bankes

On March 11, 2026

In International Law, Natural Resources, Water Law

By: Nigel Bankes

Matters Commented On: (1) Annual Report of the Permanent Engineering Board (PEB) to the Governments of the United States and Canada under the terms of the Columbia River Treaty for the period of October 1, 2023 – September 30, 2024, May 16, 2025, and (2) Flood Risk Operating Plan (FROP) for the Columbia River Treaty, June 26, 2025

PDF Version: Continuing Implementation of Revisions to the Columbia River Treaty

The Columbia River Treaty (CRT) entered into force in September 1964. While the CRT has no expiry date, certain terms of the CRT, specifically the flood control provisions of the treaty, were scheduled to change automatically on the treaty’s sixtieth anniversary (September 16, 2024) in a way that would provide the United States far less certainty as to future upstream flood control operations in Canada. For this, and a number of other reasons, the US and Canada were motivated to modernize the CRT and to that end, and as highlighted in previous posts on ABlawg, the governments of Canada and the United States entered into a non-binding agreement in principle (AiP) in July 2024 outlining proposed changes to the Columbia River Treaty (CRT) (see posts on the AiP here and here).

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

By Shaun Fluker

On February 17, 2026

In Environmental, Land Use, Natural Resources

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.

Grading the 2024 AER Liability Management Performance Report

By Drew Yewchuk

On February 5, 2026

In Energy, Environmental, Natural Resources

By: Drew Yewchuk and Shaun Fluker

Report Commented On: 2024 AER Liability Management Performance Report

PDF Version: Grading the 2024 AER Liability Management Performance Report

In November 2025, the Alberta Energy Regulator (AER) published the 2024 Liability Management Performance Report (2024 Report). This is the third AER Liability Management Performance Report to the public on progress to reduce Alberta’s massive unfunded closure liability in the conventional (non-oil sands mine) oil and gas sector. We discussed the 2022 report here and the 2023 report here. In a positive change from earlier years, the AER has kept the 2022 and 2023 reports up on their website. While this allows the public to compare information in the current report with past years, it is noteworthy that the AER itself does not use the previous years to evaluate performance and the 2024 Report provides almost no discussion or analysis of the data set out in the report. This is one of the reasons why the 2024 Report receives an F grade.

A Final Lump of Coal for 2025

By Nigel Bankes

On December 23, 2025

In Energy, Natural Resources

By: Nigel Bankes and Drew Yewchuk

Matters Commented On: Notice of Termination of the federal environmental assessment for the Grassy Mountain Coal Project, December 19, 2025 and Bill 14, Justice Statutes Amendment Act, and Corb Lund’s no coal citizen initiative petition.

PDF Version: A Final Lump of Coal for 2025

This is our final coal update post of the year. We don’t have a court decision to post about, but there have been two noteworthy developments on coal. First, the Notice of Termination of the federal environmental assessment for the Grassy Mountain Coal Project, and second, Corb Lund’s no coal citizen initiative petition.