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The AER Does Not Have the Jurisdiction to Consider New Coal Applications for the Grassy Mountain Coal Deposit

On October 13, 2023

By: Nigel Bankes

Matter commented on: Applications by Northback Holdings Corporation for a Coal Exploration Program on the Grassy Mountain Coal Deposit, including Application Number 1948547, Deep Drilling Permit

PDF Version: The AER Does Not Have the Jurisdiction to Consider New Coal Applications for the Grassy Mountain Coal Deposit

On September 5, 2023, Northback Holdings Corporation filed an application with the Alberta Energy Regulator (AER) for a Deep Drilling Permit in support of a coal exploration program on the Grassy Mountain coal deposit. This deposit is located north of Blairmore, Alberta on a combination of Crown coal lands and Northback’s privately owned land. Northback proposes to commence its exploration program as soon as possible. Northback’s applications have triggered an outpouring of opposition from the coalition of interests that fought the original Grassy Mountain coal project: see here (CPAWS) and here (Corb Lund). There has also been considerable media coverage of this latest development: see here (Bob Weber) and here (Andrew Nikiforuk). My purpose in writing this post is to make the case that (1) Northback was not entitled to make these applications to the AER, and (2) the AER has no business considering the merits of these applications because Northback’s new applications are subject to the general “no new coal rule” contained in a 2022 Ministerial Order directed at the AER (details below). Others have also made this case, including Canadian Parks and Wilderness Society (Southern Alberta Chapter) (CPAWS-SAB) and the Timberwolf Wilderness Society, but it still seems useful to summarize the arguments.

EIA Law Class Recommendations for Reforming Provincial Environmental Assessment

By David V Wright

On October 12, 2023

In Environmental, Law Reform

By: David V. Wright and the EIA Law Class

Matter Considered: Nova Scotia Environmental Assessment (EA) Modernization initiative and other existing and future initiatives to reform provincial assessment regimes

PDF Version: EIA Law Class Recommendations for Reforming Provincial Environmental Assessment

Last week, my Environmental Impact Assessment (EIA) Law class generated recommendations to submit to the Nova Scotia Environmental Assessment (EA) Modernization initiative. To do so, we employed a “policy lab” approach, which entails an open and collaborative space where students can be innovative and apply the expertise and knowledge they’ve gained through the course to date. The idea is essentially collaborative problem-solving that resembles what students will hopefully encounter in their future careers in law and policy reform, be it in private, public, not-for-profit, or other settings. In class, students worked in small groups focused on particular issues and areas (e.g. climate change, public participation) and then generated preliminary draft recommendations, workshopped those drafts with peers and professor, and then fine-tuned to finalize. The final version was submitted to the Nova Scotia engagement process. Nova Scotia was a natural focus because that jurisdiction is currently engaged in reform. Notably, this EA “modernization” is actually required by law, as it is an explicit commitment set out in s 12 of Nova Scotia’s Environmental Goals and Climate Change Reduction Act, SNS 2021, c 20 (EGCCRA) (for context about using a legislated approach to strengthen environmental governance, see this excellent article by Meinhard Doelle and William Lahey).

Freedom of Information: Brokering Access for Records on Oil and Gas Liability Management at the AER

By Drew Yewchuk

On October 11, 2023

In Privacy

By: Drew Yewchuk

Matter Commented On: “A Made-in-Alberta Failure: Unfunded Oil and Gas Closure Liability” School of Public Policy Paper Series, October 2023

PDF Version: Freedom of Information: Brokering Access for Records on Oil and Gas Liability Management at the AER

This blog post is a companion to “A Made-in-Alberta Failure: Unfunded Oil and Gas Closure Liability”, a research paper Martin Olszynski, Shaun Fluker, and I wrote for the School of Public Policy. The paper describes the decades of regulatory failure in Albertan policy on inactive and orphan oil and gas wells and identifies the core deficiencies in the regulatory approach. This post provides a summary of the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25 (FOIP) access brokering process with the Alberta Energy Regulator (AER) for the records obtained for writing that paper. Altogether, more than 1,500 pages of records were obtained through FOIP, although that includes a large number of duplicated pages. The documents cited in the research paper are attached to the paper as an appendix.

Original Gender: Mobilizing Charter Section 28 to Defend Trans Rights in Saskatchewan

By Charlotte Dalwood

On October 6, 2023

In Constitutional, Equality

By: Charlotte Dalwood

Matter Considered: Use of Preferred First Name and Pronouns by Students, Government of Saskatchewan

PDF Version: Original Gender: Mobilizing Charter Section 28 to Defend Trans Rights in Saskatchewan

On October 10, 2023, Saskatchewan Premier Scott Moe wants his government to invoke the notwithstanding clause in the Canadian Charter of Rights and Freedoms to shield his anti-trans name and pronoun policy from Charter scrutiny.

The policy in question, announced in August, requires Saskatchewan students under the age of 16 to obtain parental permission before changing their names and pronouns at school. Regina-based organization UR Pride is challenging that policy as contrary to sections 7 and 15(1) of the Charter. That case will be argued in November. Last week, the Court of King’s Bench of Saskatchewan granted an injunction to prevent the policy from going into effect until the Charter challenge is heard.

The Legal Status of UNDRIP in British Columbia: Gitxaala v British Columbia (Chief Gold Commissioner)

By Nigel Bankes

On October 5, 2023

In Aboriginal, Indigenous, International Law

By: Nigel Bankes

Case Commented on: Gitxaala v British Columbia (Chief Gold Commissioner), 2023 BCSC 1680 (CanLII)

PDF Version: The Legal Status of UNDRIP in British Columbia: Gitxaala v British Columbia (Chief Gold Commissioner)

This is the first of what we anticipate will be a series of posts on this important decision which involved a challenge to the implementation and/or constitutional validity of British Columbia’s hard rock mineral regime under the terms of the Mineral Tenure Act, RSBC 1996, c 292 [MTA]. Other posts will address the substance of the duty to consult and accommodate argument in the context of free entry regimes, as well as the sacred site issues discussed in the decision.