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

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 1st, 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.

The Orphan Well Association Annual Report 2025/2026: The Problem with the AER’s Long Run Plan for Orphan Oil and Gas Sites

By: Drew Yewchuk

Matter Commented On: Orphan Well Association Annual Report 2025/2026

PDF Version: The Orphan Well Association Annual Report 2025/2026: The Problem with the AER’s Long Run Plan for Orphan Oil and Gas Sites

On July 15, 2026, the Orphan Well Association (OWA) released their annual report for 2025/2026. OWA annual reports provide insight into Alberta’s orphan oil and gas site problem and the pace at which the problem is being addressed (see the ABLawg posts on past OWA annual reports: 2022/2023; 2023/2024; 2024/2025). The OWA annual report is separate from the Alberta Energy Regulator (AER)’s annual liability management performance reports, which are concerned with the closure liability of oil and gas sites generally in Alberta, most of which still have operating licensees.

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

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

Joint Responsibility Under Alberta’s Mines and Minerals Act

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).

$120,000 Penalty for the 2023 Kearl Tailings Overflow

By: Drew Yewchuk

Regulatory Decision Commented On: AER News Release 2026-06-11, Imperial pleads guilty to EPEA violation in Crown’s summary disposition on Kearl

PDF Version: $120,000 Penalty for the 2023 Kearl Tailings Overflow

On 29 May 2026, Imperial Oil Resources Limited (Imperial) entered a guilty plea to a charge of contravening a term or condition of its Environmental Protection and Enhancement Act, RSA 2000, c E-12 (EPEA) approval by releasing a substance from the Kearl oilsands mine in early 2023, and on 11 June 2026 the Alberta Energy Regulator (AER) posted a news release publicizing that Imperial would pay a $120,000 penalty, $118,000 of which will go to a creative sentencing project.

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