02 Feb Environmental law and litigation Updates – January 2025.
Highlights: Canary in the Coal Mine?
The GOA announced its initiative to modernize coal mining (on Friday before Christmas) but it seems further consultation will be limited to the coal industry. In the meantime, previously denied coal mine projects are pushing ahead.
More coal, more oil: While you were on holiday, Alberta vowed to double oil production, Drew Anderson, The Narwhal [January 13, 2025]
Strip mining to be allowed under Alberta’s new coal rules, St. Alberta Gazette, Brett McKay [January 14, 2025]
Opponents protest proposed coal mining project as Alberta regulator holds hearing, Global News, Ken MacGillivray and Jordan Prentice [January 14, 2025]
Alberta Statute and Regulatory Updates
The Alberta Legislative Assembly stands adjourned December 5, 2024 to February 25, 2025.
Statutes
- All-Season Resorts Act, SA 2024, c. A-38.5: enables designation of all-season resort areas on public lands, and sets procedures to facilitate development [in force December 31, 2024]
- Protection of Privacy Act, SA 2024, c. P-28.5 and Access to Information Act, SA 2024, c. A-1.4: to replace the Freedom of Information and Protection of Privacy Act [passed December 5, 2024 but awaiting proclamation]
Regulations
- Electric Energy Land Use and Visual Assessment Regulation, AR 203/2024: new regulation requiring agricultural impact assessments, avoidance of high-quality agricultural lands, and designation of buffer zones and visual impact zones for wind and solar power plants [filed December 6, 2024]
- Conservation and Reclamation Amendment Regulation, AR 204/2024: amendments to the Conservation and Reclamation Regulation to adopt the Code of Practice for Solar and Wind Renewable Energy Operations [filed December 6, 2024]
- Activities Designation Regulation, AR 276/2003: changes around definitions of hydroelectric power and hydroelectric renewable energy operations, solar electric power and solar electric renewable energy operations, and wind electric power and wind electric renewable energy operations [filed December 16, 2024]
AER Bulletins and News
- AER published its 2023 annual Liability Management Performance Report [December 5, 2024] and Water Use Performance Report [December 12, 2024]
- AER Bulletin 2024-32: clarification that consultation requirements for expired Public Lands Act dispositions have not changed, a new OneStop process is under development to improve continuity of information for expired and new dispositions (expected spring 2025) [December 4, 2024]
- AER Bulletin 2024-33: rescission of Directive 046: Production Audit Handbook and release of Manual 029: Production Measurement and Reporting Audit, there is no change to existing requirements [December 11, 2024]
- AER Bulletin 2024-34: release of new edition of Directive 017 and Directive 042 to include appropriate references to geothermal and brine-hosted mineral resource development [December 11, 2024]
- AER Bulletin 2025-01: release of Manual 030: Rock-Hosted Mineral Exploration to outline processes and timelines for rock-hosted mineral exploration applications [January 7, 2025]
- AER Bulletin 2025-02: new editions of Directive 007 and Manual 011 to make amendments to include volumetric and infrastructure reporting requirements for brine-hosted mineral operations [January 9, 2025]
AUC Bulletins and News
- AUC Bulletin 2024-24: Section 3 of Rule 033 is temporarily suspended for the 2025 season for operational solar power plants that not located within 1,000 of a named lake or a wetland-based Important Bird Area; section 3 requires at least 3 years of post-construction wildlife mortality surveys [December 3, 2024]
- AUC Bulletin 2024-25: changes to interim information requirements for power plant application to address requirements set out in the new Electric Energy Land Use and Visual Assessment Regulation; consultations and changes to Rule 007 are expected in 2025 [December 18, 2024]
Federal Statute and Regulatory Updates
Parliament is prorogued until March 24, 2025. It should be noted that the prorogation has being challenged in federal court [January 6, 2025]
Federal Statues
N/A
Federal Regulations
- Canadian Environmental Protection Act:
- Ministerial Condition No. 21943: permitting manufacture or import of quaternary ammonium compounds, plant based alkylethylbis (hydroxyethyl), et sulfates (salts), confidential accession number 19740-8 in accordance with certain conditions [December 7, 2024]
- Significant New Activity Notice No. 21862 under s. 85 of CEPA: substance not on the Domestic Substances List and a significant new activity in relation to the substance may result in it becoming toxic, so s. 81(4) of CEPA applies, substance is phosphoric acids, mixed decal and octyl esters, potassium salts, Chemical Abstracts Service Registry Number 70879-47-9 [December 7, 2024]
- amendments to Formaldehyde Emissions from Composite Wood Products Regulations, SOR 2024-256: amendments include incorporation by reference an updated Directive concerning testing for formaldehyde emissions [December 9, 2024]
- new Clean Electricity Regulations, SOR 2024-263 [December 13, 2024]
- Order Adding a Toxic Substance to Part 2 of Schedule 1 to the CEPA: coal tar and its distillates [December 16, 2024]
- Order Declaring that the Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector) and that the Reduction of Carbon Dioxide Emissions from Coal-fired Generation of Electricity Regulations Do Not Apply in Saskatchewan, 2025: SOR/2024-270 [December 16, 2024] and 2025: SOR/2024-269 [December 16, 2024]
- Order 2025-87-01-02 Amending the Non-domestic Substances List: deleted 192003-74-0 from the list [December 21, 2024]
- amendments to the Domestic Substances List – Order Nos. 2024-87-09-01, 2024-87-22-01, 2024-112-09-01, 2025-66-01-01, 2025-87-01-01 and 2025-112-01-0
- new Guidelines for Canadian Drinking Water – Iron [December 28, 2024]
- amendments to the Pest Control Products Regulations (Sodium Hypochlorite and Calcium Hypochlorite), SOR 2024-259 to allow continued use of these two pest control substances with revised conditions of registration and label amendments [December 9, 2024]
- new Canada Offshore Renewable Energy Regulations, SOR 2024-272: regulations required to operationalize the CER’s offshore renewable energy regime [December 16, 2024]
- amendments to the Wildlife Area Regulations and the Environmental Violations Administrative Monetary Penalties Regulations, SOR/2024-271 [December 16, 2024]
- amendments to the Fuel Charge Regulations, No. 2, SOR 2024-273 to place a temporary pause on the application of fuel charges on light oil used to heat a home or building, deemed to have come into force October 26, 2024 [December 16, 2024]
- amendments to the Energy Efficiency Regulations, 2016 (MA 2), SOR 2024-286 to ensure regulatory harmonization with the US Department of Energy changes to testing standards for metal halide lamp ballasts, microwave ovens and ice makers [December 17, 2024]
Court and Regulator Decisions
Court Decisions
- Poirier and Branch v Minister of Environment and Climate Change, 2024 NBCA 147 (CanLii): appeal of an order issued following violation of New Brunswick’s Water Act on the basis that definition of “bank of a watercourse” was erroneous, Court found decision was reasonable and the appeal dismissed (order stands) [December 19, 2024]
- Citizens Against ClearCutting v Newfoundland and Labrador (Environment and Climate Change), 2025 NLSC 2 (CanLii): appeal of two Ministerial decisions, one was to release a Forestry Plan from further environmental assessment and the second decision was to dismiss appeal of the first decision, Court found both decisions were reasonable and as such the appeals were dismissed [January 9, 2025]
- Georgia Strait Alliance v Canada (Environment and Climate Change), 2025 FC 54 (CanLii): judicial review of two decisions made pursuant to CEAA to approve a new marine shipping terminal at Roberts Bank, BC, concerns about resident killer whales which are protected under SARA were raised, Court considered interplay of CEAA and SARA and determined that the decisions at issue were reasonable and, as such, appeal was dismissed [January 10, 2025]
Regulator Decisions
AER
- AER penalized CST Coal Canada Ltd. for contraventions of the Environmental Protection and Enhancement Act: an administrative penalty of $22,000 was issued for release of mine wastewater into the Smoky River and for failure to immediately report the release [December 17, 2024]
- AER Field Surveillance Incident Inspection List and Active In Situ Scheme Approval Well List published [January 8, 2025]
CER
- Order issued to Trans Mountain Pipeline ULC: inspection officer order issued regarding lockout tag process and work safety [December 12, 2024]
- Order issued to Bluetec Construction Inc.: inspection officer order issued for not complying with safety requirements when working near a CER-regulated pipeline [December 30, 2024]
- Order MJS-001-2024 issued to Algoma Orchards: inspection officer order for not complying with damage prevention regulations when working near a CER-regulated pipeline [January 14, 2025]
- Westpoint Energy Inc. application for Aspen Point Program Program consisting of up to 18km of new pipeline segments in northeast BC approved [December 23, 2024]
- Westcoast Energy’s application to abandon the Pointed Mountain pipeline (56 km in Yukon, NWT and BC) was approved [December 10, 2024]
- Warning letter issued to multiple authorized exporters for failure to comply with import/export regulations and activity reports on time [December 13, 2024]
On the horizon…
GOA Initiatives and Consultations
- Government of Alberta announced the Coal Industry Modernization Initiative. The announcement indicates that consultation with the coal industry will take place in the first half of 2025, there is no indication that there will be public consultation (beyond the Coal Policy Engagement that occurred in 2021). The Coal Industry Modernization Information Sheet indicates that a new policy is expected to be ready by end of 2025 and will require new proposals to be underground mines or use techniques that move minimal amounts of overburden (such as high wall automated underground mining).
AER consultations, and hearings and decisions pending
- Northback Holdings Corporation, Grassy Mountain Coal Project: Applications for a coal exploration program, deep drill program and temporary diversion license have been made. The AER held a 2-part hearing on December 3rd and January 14th, and a decision should be issued within 90 days.
It should be noted that this a revised version of an application that was previously made by Benga Mining Limited and was denied on the basis of significant adverse environmental effects on surface water, westslope cutthroat trout and their habitat, whitebark pine, rough fescue grasslands, and vegetation species and community biodiversity, as well as contributions to existing significant adverse cumulative environmental effects on several species.
- Summit Coal Inc., Mine 14 Underground Coal Mine: On November 26th, the AER issued a Notice of Hearing for the proposed Mine 14 Underground Mine Project near Grande Cache. As at January 15th, the hearing date is pending.
AUC consultations, and hearings and decisions pending
- Salt Flats Solar Farm, Notice of Hearing for an application seeking approval of a solar farm in Brooks [December 23, 2024]
- Wild Rose 2 Wind Inc., Notice of Application to amend Wind Power project to allow two previously denied turbines (the proposed location has changed), written submissions are due February 7, 2025 [January 10, 2025]
- Sweet grass Solar and Energy Storage Project, Notice of Hearing for applications seeking approval of solar power plant near Willow Creek, written evidence is due March 7, 2025 [January 10, 2025]
- Stettler Solar and Storage Project, Notice of Applications for applications seeking approval of a solar power plant in Stettler, written submissions due February 14, 2025 [January 14, 2025]
Federal Government Initiatives and Consultations
- Notice of intent to amend the Domestic Substances List (under the Canadian Environmental Protection Act, 1999), adding the letter “P”to the identifiers of 254 reduced regulatory requirement polymers. The letter “P” means that substance mets the RRR polymer criteria in the regulations and is of low concern allowing for fewer regulatory information requirement under the regulations as compared to non-RRR polymers. There is a 120 day period to provide comment [January 18, 2025].
- Notice of Draft Guidelines for Canadian Drinking Water Quality – Trihalomethanes, comments may be filed for a 60 day period [January 11, 2025]
- Competition Bureau is seeking feedback on its proposed Guidelines regarding Environmental Claims, comments may be made until February 28, 2025 [December 23, 2024]
CER consultations, and hearing and decisions pending
- five proposed Regulations related to Canadian Energy Regulator Act with respect to the export and import regulatory framework for oil, gas and electricity: Export and Import (Orders, Licences and Permits) regulations, Export and Import Reporting Regulations, Export Applications (Licences and Permits) Regulations, International Power Lines (Permits) Regulations, and Toll Information Reporting Regulations to reflect regulation-making authorities set out in the Canadian Energy Regulator Act, comment period open until January 28, 2025
- CER regulatory improvements Phase 1 Early Engagement, Rules of Practice and Procedure review, comment period open until January 31, 2025
CNSC consultations, and hearings and decisions pending
- In early January, CNSC held hearings for application by Ontario Power Generation Inc. seeking a license to construct a BWRX-300 reactor for its Darlington New Nuclear Project
This blog post covers environmental law and litigation matters from December 5, 2024 to January 15, 2025. It is not an exhaustive listing of all legislative changes and all litigation but rather provides highlights of significant environmental law and litigation developments in Alberta, federally and elsewhere.
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