ABLawg

Recent Developments on Protection of Critical Habitat under the Species at Risk Act and Implications for Coal in Alberta

On July 7, 2025

Decisions Commented on: Federation of Nova Scotia Naturalists v. Canada (Environment and Climate Change), 2025 FC 983; Kebaowek First Nation v. Canada (Attorney General), 2025 FC 472

PDF Version: Recent Developments on Protection of Critical Habitat under the Species at Risk Act and Implications for Coal in Alberta

This post briefly summarizes two recent federal court decisions relating to critical habitat under the Species at Risk Act, SC 2002, c 29 (SARA). These decisions add to a long list of federal court decisions adjudicating the interpretation of SARA provisions, resulting from litigation initiated by environmental non-government organizations (ENGOs) seeking judicial orders that force federal Ministers to interpret SARA in accordance with its purpose, implement SARA without undue delay, or frankly take any measures whatsoever under SARA to protect listed species at risk and their critical habitat (ABlawg has commented on many of these decisions, see for example two 2024 posts written by Drew Yewchuk here and here). Federal officials have impaired the effectiveness of SARA with peculiar interpretations that obstruct the application of legislation’s protection measures for species at risk. While the two decisions commented on here relate to species at risk in Ontario and Nova Scotia, both decisions will impact the application of SARA in Alberta and likely have implications for coal exploration and development along the Eastern Slopes of the Rocky Mountains and UCP government’s policy push to open up the Eastern Slopes to coal under the coal industry modernization initiative.

Taiga Insolvency Proceedings: Reverse Vesting Orders and Wage Earner Protection Program Claims

By Bayley Wachsmuth

On June 30, 2025

In Bankruptcy and Insolvency

By: Bayley Wachsmuth

Case Commented On: Taiga Motors Corporation et Deloitte Restructuring Inc., 2024 QCCS 4319 (CanLII)

PDF Version: Taiga Insolvency Proceedings: Reverse Vesting Orders and Wage Earner Protection Program Claims

As of June 2025, hundreds of former Taiga Corporation (Taiga) employees continue to wait for severance, after having been let go more than one year ago (see here). Within the six months preceding their Companies Creditors’ Arrangement Act, RSC 1985, c C-36 (CCAA) application on July 10, 2024, Taiga began laying off its employees. During the CCAA proceedings, Taiga entered into a Reverse Vesting Order (RVO) to facilitate the sale of Taiga while preserving non-transferrable assets and avoiding a time-consuming vote by creditors (see here at para 17). Normally when a company lays off employees prior to entering CCAA Proceedings, the former employees can file a claim under the Wage Earners Protection Program Act, SC 2005, c 47 (WEPPA) to receive payment for eligible wages including severance pay (see recent ABlawg post here). However, when the former Taiga employees applied to WEPPA they were informed that due to the RVO the former employees were no longer eligible to claim under WEPPA.

Taking Stock of the Grassy Mountain Project: Part 3, June 2025

By Nigel Bankes

On June 27, 2025

In Energy, Environmental, Natural Resources

By: Nigel Bankes

Cases and Decisions Commented On: (1) Northback Holdings Corporation v Alberta Energy Regulator, 2025 ABCA 186 (CanLII), (2) Northback Holdings Corporation v. Canada (Environment and Climate Change), 2025 FCA 31 (CanLII), and (3) AER Decision, Northback Holdings Corporation Applications for Coal Exploration Program (CEP) A10123772, Deep Drilling Permit (DDP) 1948547, and Temporary Diversion Licence (TDL) 00497386 May 15, 2025, 2025 ABAER 006

PDF Version: Taking Stock of the Grassy Mountain Project: Part 3, June 2025

In addition to ABlawg’s coal law and policy series (for the most recent post in that series see here) and our Coal Law and Policy ebook, we have provided occasional posts updating readers on the status of the Grassy Mountain project and litigation related to the project. As the title of the post suggests, this is the third such update following earlier updates in February 2024 and August 2024.

Water Availability Engagement Survey – Available to Whom for What?

By Arlene Kwasniak

On June 25, 2025

In Water Law

By: Arlene Kwasniak

Matter Commented On: Alberta Government Enhancing Water Availability Engagement and Proposed Amendments to the Water Act, RSA 2000, c W-3

PDF Version: Water Availability Engagement Survey – Available to Whom for What?

This Government Initiative is Phase 2 of Environment and Protected Areas (EPA) Water Availability Engagement (WAE) initiative. The EPA website states that Phase 1, which concluded early this year, “Sought feedback … to understand challenges within the current water management system and potential solutions for increasing water availability” and that Phase 2 focusses on “Collecting feedback on proposed changes to the Water Act” to “enhance the water management system and increase water availability.” The website provides three resources relevant to Phase 2:

Federal Climate Plans, Policies and Projections: Have no fear, CNZEAA is (still) here?

By David V Wright

On June 23, 2025

In Climate Change, Environmental

By: David V. Wright

Matter Commented On: Implementation of the Canadian Net-Zero Emissions Accountability Act, SC 2021, c 22

PDF Version: Federal Climate Plans, Policies and Projections: Have no fear, CNZEAA is (still) here?

With so much attention around the proposed Building Canada Act and the expedited process for “national interest projects” contained therein (see recent ABlawg posts here and here, and related coverage here), one could be forgiven for thinking that climate change law and policy is getting lost in the shuffle at the federal level. And given Prime Minister Carney’s scrapping of the consumer carbon tax and hints that the proposed oil and gas cap might be next, there is a fair reason to fear that Canada’s pathway to achieving its climate change commitments is in jeopardy. But wait. Since 2021, the Canadian Net-Zero Emissions Accountability Act, SC 2021, c 22 (CNZEAA or the Act, colloquially pronounced ‘sneeze-ee-yah’) has been more or less fulfilling its purpose and is about to do some more work.