Five years ago, the Government of Alberta began Environment Week by announcing its rescission of the 1976 Coal Development Policy for Alberta. Extensive public outcry caused the government to reinstate the Coal Policy and to convene the Coal Policy Committee to hear Albertans’ concerns. Now, five years later, the government is in the midst of its Coal Industry Modernization Initiative which is focused on discussions with the coal industry.
The ELC would like to see a strong commitment to achieve the many recommendations of the Coal Policy Committee and to fulsome public consultation. This includes dedicated effort to complete regional planning under the Alberta Land Stewardship Act to guide coal exploration and development decisions. Making a few adjustments to existing legislation without public input is not adequate to the task of addressing Albertans’ concerns with extensive surface disturbances and water contamination associated with coal development.
A brief history of coal policy in Alberta
As mentioned, it has been about five years since the Government of Alberta announced it was rescinding the 1976 Coal Development Policy for Alberta (see here for more information). Although many parts of the Coal Policy had been superseded or were no longer enforced by June of 2020, the four public land use categories established by the Coal Policy remained in place.
These land categories exist for the purposes of coal exploration and development in the Eastern Slopes of the Rocky Mountains. On category 1 lands, no exploration or commercial development is allowed. Lands in categories 2, 3 or 4 are not automatically open to exploration and lands in categories 3 or 4 are not automatically open to development. The Coal Policy requires that particular care be taken to review applications for exploration and/or development in productive or potentially productive agricultural areas.
After a public outcry, the Coal Policy was reinstated within a few months of its rescission and the Coal Policy Committee was established to undertake public engagement on coal development in Alberta (see here and here). The Coal Policy Committee released its final report at the end of 2021. Then, in late 2024, the Government of Alberta announced the Coal Industry Modernization Initiative (CIMI).
Key Recommendations from the Coal Policy Committee
In its final report, the Coal Policy Committee made several recommendations for the management of coal resources in Alberta:
- modernize Alberta’s coal policy;
- meaningfully involve Alberta’s Indigenous communities in the land use planning process;
- articulate land use guidance for coal exploration and development through planning under the Alberta Land Stewardship Act, to provide certainty and bind the Crown;
- undertake a review of Alberta’s coal tenure and royalty regimes;
- address the issue of freehold coal mineral rights;
- assess proposed new coal projects with rigorous net benefit tests that include extensive public consultation;
- resolve uncertainties regarding responsibility for reclamation liabilities relating to coal exploration and development activities; and
- address reclamation liabilities for legacy coal mines.
The Coal Policy Committee provided detailed explanations and recommended several actions to achieve each of the principal recommendations. Notably, in discussing modernization of the coal policy, the Coal Policy Committee stated (page 40):
a strategic goal of modernized coal policy should be to have decisions related to potential coal developments guided by regional and subregional plans under the Alberta Land Stewardship Act (ALSA). The committee notes that ALSA employs certain principles related to cumulative effects as a basis for the development of regional or subregional plans that may supersede the coal categories.
Accordingly, the committee believes that regional or subregional land use plans must first be completed before any major coal project approvals are considered. Moreover, land use for the development of coal resources should be determined by those regional and subregional plans.
In addition to the principal recommendations, the Coal Policy Committee also provided “associated observations [which] will require careful coordination within and between Alberta government departments in order to successfully implement an integrated, modernized coal policy. To ensure meaningful modernized coal policy, new initiatives and regulatory changes will be required.” (page 44). Among other things, the associated observations are that cumulative effects analyses should be undertaken before authorizing new coal exploration or mines in the Eastern Slopes; that environmental monitoring, inspection and enforcement must be enhanced to address water contamination at existing and abandoned mines; and thatthe province should work with Canada and the other provinces to develop consistent regulations for coal mine effluents.
Coal exploration in the Crowsnest Pass area. (Jeff McIntosh/The Canadian Press)
https://www.cbc.ca/news/canada/calgary/aer-grassy-mountain-eastern-slopes-brian-jean-1.7436871
What do we know about the Coal Industry Modernization Initiative (CIMI)?
Not a lot really. The CIMI website indicates that the Government is “engaging directly with the industry to develop legislative and regulatory enhancements which will be the culmination of work spearheaded by the Coal Policy Committee”. It appears that consultation with ENGOs or the general public is not planned (beyond the Coal Policy Committee engagement which happened in 2021). Given the breadth of the recommendations made by the Coal Policy Committee and the strong recommendations to undertake regional planning under ALSA, further public consultation is essential to a successful CIMI process but nevertheless consultations seem to be limited to the coal industry.
The CIMI Information Sheet indicates that new open-pit coal mining will be banned in the Eastern Slopes. As well, mountaintop removal will not be permitted as a mining technique. Finally, use of best water practices will be required (with a goal of keeping selenium out of water).
It is noted that current legislation does not define “mountaintop removal” and that the definition of “open-pit” coal mining does not encompass strip mining which is also highly disruptive of the surface. Further, selenium and other water contamination is a frequent concern and byproduct of coal mining activities in Alberta and elsewhere. For example, a recent study confirmed water impacts from legacy coal mining in the Crowsnest Pass (see Legacy coal mining impacts downstream ecosystems for decades in the Canadian Rockies (2024) by Cooke, Emerson and Drevnick). There is not a clear indication of how these matters will be addressed by the CIMI process.
What would the ELC like to see?
There is no doubt that the existing Coal Policy is in need of modernization. The world has changed a lot since 1976. But what has not changed is Albertans’ love for the Eastern Slopes and the desire to conserve its beauty and ecological importance as well as to protect the headwaters vital to watershed health in Alberta. Assuming there will be specific legislative and policy changes, the CIMI should not be proceeding without input from ENGOs and the general public.
There needs to be clarity and specificity as to what type of mining operations, if any, are appropriate in the Eastern Slopes. Vague restrictions or guidelines that do not reflect public concerns around surface disturbance and consequent habitat loss are not sufficient. Furthermore, water is essential for both ecological and human health. In its engagement report, the Coal Policy Committee discusses the significant concern expressed by Albertans around diminishment of water quality associated with coal development.
As pointed out by the Coal Policy Committee, coal exploration and development should be guided by ALSA regional and subregional plans. The Committee further stated that these plans should be completed before any major coal project approvals are considered. This would enable consideration of cumulative impacts and other priorities within the Eastern Slopes (as opposed to project-by-project approvals which tend to be limited in this regard).
Accordingly, the ELC would like to see a renewed commitment to regional planning with subregional planning to specifically guide coal exploration and development decisions. It is essential that regional planning involve the public and Indigenous communities. Tinkering with existing legislation without public input will not be adequate to the task of addressing Albertans’ concerns with extensive surface disturbances and water contamination associated with coal development.