Province expanding coal restrictions to protect Alberta’s Eastern Slopes

“We’re committed to protecting the Eastern Slopes,” said Sonya Savage, Minister of Energy on Friday. “The Coal Policy Committee’s reports and Indigenous engagement make it clear that modernizing Alberta’s management of coal resources is a complex undertaking and must be done with care. By keeping the 1976 coal policy firmly in place and halting coal activity in the Eastern Slopes, we are acting on the committee’s recommendation and allowing for additional planning for this unique area.”

“The Alberta government is providing additional clarity around land use in the Eastern Slopes for coal development, building on the province’s strong regulatory framework for responsible resource development,” added Jason Nixon, Stewardship Minister and Minister of Environment and Parks.

From March to September 2021, government officials say the Coal Policy Committee heard from a diverse mix of Albertans and Indigenous communities. The committee carefully considered the perspectives and thoughts they received and summarized them into two reports:

an engagement report that provides in-depth detail about what they heard
a final report that contains eight principal recommendations and 20 related action items for the long-term management of Alberta’s coal resources

“Coal is an important topic to Albertans, and it was clear from the start that the engagement process would be dynamic,” noted Ron Wallace, chair, Coal Policy Committee. “T he Coal Policy Committee embraced our responsibility as an independent voice. We were guided by the wide range of thoughtful input we received from Albertans and Indigenous Peoples – and that is reflected in our reports and recommendations.”

Recommendations from the committee include actions to modernize Alberta’s coal policy, strengthen Indigenous involvement in land-use planning, review coal tenure and royalty regimes, and ensure any proposed projects are rigorously assessed using net benefit tests. The committee’s reports are available online.

Officials say Alberta’s government will address the committee’s concerns and recommendations about the long-term management of coal resources through existing and updated regulations and land-use planning activities, many of which are said to be underway.

A new ministerial order expands the halt of coal exploration in Category 2 lands to also include exploration and development in Category 3 and 4 lands, as defined by the 1976 coal policy. The restriction on activity on Category 2 lands has been in place since April 2021.

Under the new, expanded restrictions on coal activity:

All existing legislation related to coal activities and Alberta’s rigorous regulatory system remain in place.
The 1976 coal policy also continues to apply across the province.
Activities already in progress for active mines and advanced projects can continue, as can activities related to security or safety.
Abandonment and reclamation activities can resume.

These new restrictions will remain in place until additional direction on coal activities can be embedded into new or updated land-use plans.

Officials say land-use planning in Alberta considers multiple uses and the cumulative impacts of various activities on Alberta’s landscape. Land-use plans are said to be informed by comprehensive consultation with Albertans, Indigenous communities and other stakeholders.

Additional clarity regarding land use and coal activities is expected to be put in place through an update to include the coal categories in Alberta’s Eastern Slopes policy in the coming months, and through the development of new regional, sub-regional or issue-specific plans. A mandatory 10-year review of the South Saskatchewan Regional Plan, required by the Alberta Land Stewardship Act to start by September 2024, could also inform future changes. Public and Indigenous consultation is required to inform new land-use plans and any amendments to them.

While land-use planning is expected to provide direction regarding coal mining activities, Alberta’s regulatory processes will continue to be employed to assess the potential impacts of a proposed coal project and, if deemed to be in the public interest, ensure that appropriate rules, limits and oversight are in place to protect the environment.

Alberta’s regulation of the coal industry requires an environmental impact assessment for large-scale coal projects, a multi-year process that includes significant consultation with the public and Indigenous communities, and a robust assessment of environmental, economic and social benefits and risks to determine if the project is in the public interest. If approved, provincial and federal regulations set operating requirements, including conditions for environmental monitoring, emissions and effluent management for air and wastewater quality, and notifications and reporting. The Alberta Energy Regulator ensures compliance.

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The Coal Policy Committee received a broad range of input from:
- more than 170 technical submissions, 88 of which were posted online
- more than 1,000 direct emails
- more than 70 meetings with interested parties, including industry, NGOs, Indigenous representatives, academia, subject matter experts and 15 municipalities
- bilateral meetings and virtual roundtables with approximately 35 Indigenous communities
- three tours of coal-producing regions
- nearly 25,000 responses to the survey initiated by the government
Exploration and development is now restricted in the Eastern Slopes in Category 2, 3 and 4 lands as defined by the 1976 coal policy.
- Coal exploration and development has never been allowed in Category 1 lands, which include national parks, provincial parks, wildlife sanctuaries, etc.
Over the past year, Environment and Parks has launched the following initiatives as part of its efforts to continually improve Alberta’s regulatory system:
- A selenium management review to examine Alberta’s current regulatory requirements and assess relevant policy tools used in comparable jurisdictions.
- New surface water quality management frameworks for the North Saskatchewan, Battle and upper Athabasca rivers to protect water quality and manage cumulative effects.
- A review of the Mine Financial Security Program to ensure it adequately covers the industry’s reclamation liabilities and protects taxpayers.
Environment and Parks is currently monitoring water quality, including selenium levels, at 116 river and tributary sites across Alberta, plus an additional 31 tributary sites through the oil sands monitoring program.
Alberta will continue to provide its feedback to Environment and Climate Change Canada about the federal Coal Mining Effluent Regulations, which are expected to be finalized by the end of 2023.

Alberta’s opposition NDP, however, says the UCP government has left the door open for coal mining in the Rockies despite strong opposition from Albertans.

The NDP says Energy Minister Sonya Savage has paused coal mining-related activities in the Eastern Slopes, but only with a ministerial order that she could rescind in secret at any time.

“The UCP has already proven they can’t be trusted to protect our mountains,” said NDP energy Critic Kathleen Ganley. “They already opened up the Rockies for open pit coal mining with the stroke of a pen, and they could do it again under this plan.”

On the Friday afternoon of the May long weekend in 2020, the NDP notes the UCP announced they were repealing the 1976 Lougheed Coal Policy and opened up areas of the Eastern Slopes for open-pit coal mining.

However, the opposition says the UCP faced significant backlash from Albertans over the plan, forcing the government to pause their changes, pending the findings of the Coal Policy Committee.

After three extensions, the NDP says the report was submitted on Dec. 22,2021. Despite promising to release the report immediately, the opposition points out the minister held on to it for over two months.

The NDP suggests the UCP’s plan to keep the ministerial order in place means the minister has sole power over whether or not to keep it in place.

The NDP further points out that Premier Jason Kenney has described himself as an “unapologetic supporter” of the coal industry.

Last April, NDP Leader Rachel Notley introduced legislation to ban coal mining in the Eastern Slopes through the Eastern Slopes Protection Act. That Bill died on the order paper when the opposition says the UCP prorogued the legislative session last fall.

“Albertans have been clear: they don’t want open-pit coal mining in the Rockies. If the UCP was serious about protecting our drinking water and downstream jobs, they would enshrine a ban in legislation,” said Ganley.

The NDP highlights that a recent study by the University of Calgary School of Public policy revealed the environmental risks and liabilities far outweigh the economic benefits and more than 90 per cent of Albertans surveyed last year said they do not support expanding mines in sensitive areas of the mountains.

by rdnewsNOW Staff

Province expanding coal restrictions to protect Alberta’s Eastern Slopes

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