AER Decides to Prosecute Imperial Oil for the 2023 Kearl Oilsands Berm Overflow

Decisions Commented On: AER News Release 2025-01-17

PDF Version: AER Decides to Prosecute Imperial Oil for the 2023 Kearl Oilsands Berm Overflow

On January 17, 2025, the Alberta Energy Regulator (AER) announced they were laying nine charges against Imperial Oil Resources Limited (Imperial Oil) related to a berm overflow that occurred in February 2023. Unlike the previous AER regulatory penalties for Imperial Oil in August 2024, this means Imperial Oil faces a prosecution before the Alberta Court of Justice, bringing a different procedure and set of potential penalties than AER enforcement using the administrative penalty mechanism.

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Coal Law and Policy in Alberta: A Collection of ABlawg Posts, 2020 – 2024

By: Admin

Matter Commented On: Announcing a new ebook on Coal Law and Policy in Alberta

PDF Version: Coal Law and Policy in Alberta: A Collection of ABlawg Posts, 2020-2024

From time-to-time ABlawg authors have elected to collect ABlawg posts on a particular topic, sew them together in a single document, and publish the result as an ebook on the ABlawg site. We do this principally as a convenience for readers, but it also serves as a reminder of the contribution that ABlawg has made on some important topics. For example, we have previously published ebooks on Farm and Ranch Workers’ Rights and on Landlords, Tenants, and Domestic Violence.

In May 2020 the Government of Alberta decided to revoke a long-standing policy with respect to coal developments on the eastern slopes of the Rockies. That decision led to a public outcry as a result of which the Government back-pedalled. In a series of steps, the government essentially restored the historic policy and imposed a moratorium on new coal developments – other than those that were considered to be “advanced projects”. The interpretation of what qualifies as an “advanced project” is contentious and is currently (January 2025) before Alberta’s Court of Appeal: Municipal District of Ranchland No. 66 v Alberta Energy Regulator, 2024 ABCA 274 (CanLII). And while many consider coal mining to be a sunset industry, announcements from the Government of Alberta in December 2024 (the Coal Industry Modernization Initiative) suggest that the Government is still committed to encouraging new coal projects in the province.

ABlawg has followed these developments for the last four-plus years, and given those recent announcements it seems appropriate to collect these posts together in the form of this ebook. The posts are organized chronologically. They cover many different areas of law including water law, regulation, property, royalty issues, environmental issues (of course) including species at risk issues, expropriation and compensation, federalism, and access to information.

This post may be cited as: Admin, “Coal Law and Policy in Alberta: A Collection of ABlawg Posts, 2020-2024” (21 January 2025), online: ABlawg, http://ablawg.ca/wp-content/uploads/2025/01/Coal_Law_And_Policy_ebook_2020-2024.pdf

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ABlawg Year in Review 2024

By: Admin

PDF Version: ABlawg Year in Review 2024

As is tradition, ABlawg closes 2024 with a summary of highlights over the past 12 months, including some statistics, examples of ABlawg impact, and a synthesis of topics covered by authors. We also include a tribute to Linda McKay-Panos, our long-time colleague, contributor, and friend who passed away on November 3, 2024.

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AER declines request for an Environmental Impact Assessment of the Pathways Project

By: Nicole Achtymichuk and Shaun Fluker

Matter Commented On: Letter Decision by AER re: EIA of Pathways Alliance Carbon Capture and Storage Hub (25 October 2024)

PDF Version: AER declines request for an Environmental Impact Assessment of the Pathways Project

The Pathways Alliance Carbon Capture and Storage Hub (Pathways Project) is set to be one of the largest carbon capture and storage projects globally. In late October, the Alberta Energy Regulator (AER) decided that the Pathways Project would not be required to undergo a provincial environmental assessment under the Environmental Protection and Enhancement Act, RSA 2000, c E-12 (EPEA). The AER’s decision highlights how Alberta’s largely discretionary approach to environmental assessments under EPEA, which has not been substantively updated since its enactment in 1993, is inadequate to properly and transparently assess the effects of new and emerging major technologies. This post argues that the legislation should be amended to require a transparent assessment for new forms of major projects with potentially significant environmental, social, economic, and cultural consequences. The undertaking of a comprehensive provincial impact assessment on major projects such as the Pathways Project would also help avoid an application of the federal impact assessment process under the Impact Assessment Act, SC 2019, c 28, s 1 (IAA) for projects wholly within the province.

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Shared Accommodation in Alberta: Law for Roommates and Those Sharing Living Space with Their Landlords

By: Jonnette Watson Hamilton

Case Commented On: Layeghpour v Paproski, 2024 ABCJ 140 (CanLII)

PDF Version: Shared Accommodation in Alberta: Law for Roommates and Those Sharing Living Space with Their Landlords

Shared accommodation has become increasingly common in Alberta for many reasons, including the unaffordability of both owned and rented housing. I discuss this phenomenon in Part One of this post. Shared accommodation includes roommates sharing a dwelling, individuals sharing living spaces with owner-occupiers of single-family homes, duplexes and condominiums, and – sometimes – multigenerational households. Sharing living space usually means sharing a kitchen, bathroom and/or living room. However, shared accommodation law is a grey area of the law – underdeveloped by Canadian courts, its existence is unknown to most people. Contrary to the expectations of many, Alberta’s Residential Tenancies Act, SA 2004, c R-17, does not apply to shared accommodation. That means the Residential Tenancy Dispute Resolution Service (RTDRS) is not available to resolve any disputes. The Innkeepers Act, RSA 2000, c I-2, does not apply either because “innkeeper” is defined to include only those who provide lodging to any person who presents themselves as a guest who appears to be able and willing to pay and “in a fit state to be received” (s 1(b)). It is the common law that applies to the relationship those sharing accommodation are found to have, whether that is a licence or a lease relationship. It is therefore best to prevent disputes with an agreement – preferably a signed, written agreement. The Centre for Public Legal Education Alberta has excellent resources for those planning or already in shared accommodations on their “Roommates and Shared Accommodation” website, which I describe in Part Two. In Part Three, I focus on my primary reason for writing this post, and that is the decision of Justice Sandra L. Corbett in Layeghpour v Paproski, 2024 ABCJ 140 (CanLII) in which she sets out much of the common law governing shared accommodations.

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