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Decision Commented On: Report of the Joint Review Panel: Benga Mining Limited Grassy Mountain Coal Project, 2021 ABAER 010

On June 17, 2021, the Alberta Energy Regulator (AER) denied an application by Benga Mining Limited under the Coal Conservation Act, RSA 2000, c C-17, for approvals to construct, operate and reclaim an open-pit metallurgical coal mine (along with associated processing, transportation and related infrastructure) on the montane and subalpine lands of Grassy Mountain in the Crowsnest Pass region of southwestern Alberta. The application was considered by a federal-provincial joint review panel governed by terms of reference established under the Responsible Energy Development Act, SA 2012, c R-17.3, and the Canadian Environmental Assessment Act, 2012, SC 2012, c 19, s 52 (CEAA 2012), terms which instructed the panel to exercise AER decision-making authority under the Coal Conservation Act and assess the environmental, economic, and social impacts of the project under various provincial statutes and CEAA 2012 (the federal registry for the environmental impact assessment is here). The panel’s decision consists of a whopping 3072 paragraphs (631 pages not including appendices). This comment focuses on the AER portion of this decision, and in particular just one aspect of this decision: the confrontation between coal development and preservation of the threatened Alberta population of westslope cutthroat trout (WSCT) along the eastern slopes of the Rocky Mountains. This comment is not reviewing the CEAA 2012 findings and recommendations because, as the panel indicates at paragraph 3066, without the provincial authorizations the project cannot proceed.

The Silence of the Turkeys: What Does the Agriculture Industry Have to Hide?

By Lara Yeung

On July 12, 2021

In Animal Law

By: Lara Yeung

PDF Version: The Silence of the Turkeys: What Does the Agriculture Industry Have to Hide?

Statute Commented On: Bill C-205, An Act to amend the Health of Animals Act, 2nd Sess, 43rd Parl, 2020 (as amended by Committee 21 June 2021)

In 2020, Parliament considered Bill C-205, An Act to amend the Health of Animals Act, 1st Sess, 43rd Parl, 2020 (as passed by the House of Commons on first reading 18 February 2020). Bill C-205 was introduced by Mr. John Barlow as a Private Member’s Bill in response to protests and farm occupations across Canada by animal activists (see Hansard). This version of Bill C-205 would have made it an offence for any person, “without lawful authority or excuse,” to enter a place in which animals are kept if it could result in the exposure of the animals to a disease or toxic substance (s 9.1). Bill C-205 purports to be concerned with biosecurity risks, however, its focus on punishing trespassers, including animal activists, ignores the evidence that shows biosecurity risks are not caused by trespassers but rather by poor farming practices (see Animal Justice, “Animal Advocacy or Animal Agriculture? Disease Outbreaks & Biosecurity Failures on Canadian Farms” (13 May 2021)). In a small victory for animal activists, Bill C-205 was amended on review by Committee to recognize that it may be farm owners and operators themselves who are responsible for these risks (see Bill C-205, An Act to amend the Health of Animals Act, 1st Sess, 43rd Parl, 2020 (as amended by Committee 21 June 2021) and Animal Justice, “Federal “Ag Gag” Bill Could Punish Negligent Farmers After Amendments at Committee” (22 June 2021)). This comment will examine similar provincial legislation that is sweeping across Canada, with an emphasis on the legislation enacted in Alberta in 2019.

The AER Announces Some Details of the Mandatory Closure Spend Targets

By Drew Yewchuk

On June 24, 2021

In Energy, Oil & Gas

By: Drew Yewchuk

PDF Version: The AER Announces Some Details of the Mandatory Closure Spend Targets

Legislation Commented On: AER Bulletin 2021-22 ‘Invitation for Feedback on Proposed New Licensee Life-Cycle Management Directive’; AER Bulletin 2021-23 ‘Mandatory Closure Spend Targets’

This is another post on the changes the Alberta Energy Regulator (AER) is making to the Liability Management Framework for conventional oil and gas assets. The earlier post I co-authored with Shaun Fluker on the problems with the liability management framework and the changes being made to it (and specifically the changes to the Eligibility Requirements for Acquiring and Holding Energy Licences and Approvals) is here. The AER is now seeking comments on Draft Directive XXX: Licensee Life-Cycle Management (the Draft Directive) until July 25, 2021. The Draft Directive will replace the current Directive 006 once finalized. This post discusses the Draft Directive and the details of the inventory reduction program first announced a year ago.

A Change of Status and a Request

By Nigel Bankes

On June 15, 2021

In Announcements

By: Nigel Bankes

PDF Version: A Change of Status and a Request

With the permission of the editorial leaders of ABlawg, I am using this platform to announce my retirement from the Faculty of Law at the University of Calgary effective June 30, 2021. It seems particularly fitting to borrow ABlawg for this purpose given the number of times I have used it to communicate with the profession and the broader community about law and policy developments here in Alberta – and beyond. And I hope to continue to do so after retirement, if perhaps not as frequently as in the past.

Kananaskis Conservation Pass

By Shaun Fluker

On June 7, 2021

In Environmental, Protection of Spaces, Statutory Interpretation

By: Shaun Fluker

PDF Version: Kananaskis Conservation Pass

Ministerial Order Commented On: Ministerial Order 51/2021 (Environment and Parks)

On May 27, the Minister of Environment and Parks (Jason Nixon) issued Ministerial Order 51/2021 to impose a fee to access Kananaskis Country. This new access fee applies to many popular parks and recreational areas in Kananaskis Country such as West Bragg Creek, Barrier Lake, Elbow Falls, Evans Thomas Creek, Spray Lakes, and Highwood Pass. Payment of the fee provides the purchaser with a Kananaskis Conservation Pass. The geographic scope of the fee requirement is curiously both over and under inclusive in relation to its name. The boundary map on the Alberta parks website (and attached to Ministerial Order 51/2021) indicates the access fee applies to areas outside of what is commonly known as Kananaskis Country (e.g. portions of the Bow Valley Wildland Park east of Canmore, including Grotto Canyon and Mount Yamnuska) and – as was pointed out by Nathan Schmidt (JD 2021) here – the fee does not apply to the McLean Creek area which is clearly within Kananaskis Country. This post critically examines the legislative changes made to implement the Kananaskis Conservation Pass requirement.

Justice for the Westslope Cutthroat Trout at Grassy Mountain

The Silence of the Turkeys: What Does the Agriculture Industry Have to Hide?

The AER Announces Some Details of the Mandatory Closure Spend Targets

A Change of Status and a Request

Kananaskis Conservation Pass