Alberta Coal – Minister Nixon’s Open Letter to Albertans

Today Alberta Energy Minister Sonya Savage issued a statement noting recently-issued 11 coal leases will be cancelled and future coal lease sales in former Category 2 lands will be paused.

As Minister of Environment and Parks, I have heard from many Albertans concerned about coal and environmental protection in the Eastern Slopes. The Eastern Slopes — my backyard, your backyard — are renowned for their unsurpassed beauty and recreational value. Critically, they are the headwaters, the water source for our cities, towns, irrigation districts, and water wells in the southwest part of Alberta and beyond. Water is one of our most precious resources, and Alberta Environment and Parks has a responsibility to ensure it is protected, managed, and arrives at the taps and wells of Albertans clean and safe.

I want to assure Albertans that nothing has changed with respect to environmental protections and, in fact, environmental protection has been strengthened over the past three decades. Unfortunately, there are a lot of rumours and misinformation out there, including the notion that Alberta Energy’s rescission of the Coal Policy 1976 has opened up the Eastern Slopes for strip mining. It is important that we are very clear that Alberta Energy’s policy decision in no way weakened or reversed environmental standards and protections.

Any industrial development in Alberta must be done responsibly, and full consideration must be given to ensuring positive environmental outcomes. The staff at Alberta Environment and Parks work every day to ensure those outcomes are achieved and that protection of our air, land, water, and wildlife remain a priority even as some appropriate Crown land remains available for resource development, as it has for generations. Without question, the laws and policies that guide development today are stricter than those that existed in 1976.

Today we have environmental impact assessments (ElAs), environmental management frameworks, operational rules and standards, as well as enforcement tools, policies, and plans. The Coal Policy of 1976 required environmental assessments for major developments and provided an opportunity for public input in the project review process. Today, the Environmental Protection and Enhancement Act requires a provincial EIA for surface coal mines producing over 45 000 tonnes per year. As well, proposed coal mines that could produce over 5,000 tonnes of coal per day trigger the federal Impact Assessment Act, which leads to federal/provincial joint review panels. There is currently an application underway that is being reviewed by the Joint Review Panel process. This application process began in 2015. It is important to note that since the rescission of the 1976 Coal Policy, no new project applications have been submitted to the Alberta Energy Regulator (AER). Should a new project be submitted, there is a legally required consultation process to make sure Albertans have their say.

The 1976 Coal Policy did not set water quantity or management objectives, but referred to the Clean Water Act. The Clean Water Act was replaced by the stricter Water Act and Environmental Protection and Enhancement Act. The latter sets out newer planning and regulatory provisions with greater emphasis on mitigating adverse impacts on water supply and quality. When it comes to water, one important concern I’ve heard about is the level of selenium, particularly as it relates to water wells, irrigators (namely farmers and ranchers), and the province’s treasured native fish species. Selenium is not addressed in the 1976 Coal Policy. Under the Environmental Protection and Enhancement Act, which came into effect in 1993, mine operators must manage selenium. This includes submitting a selenium management plan to the AER, with detailed information about risk and mitigation strategies. As part of a coal operation’s approvals, the company must monitor and treat wastewater according to stringent provincial guidelines. Selenium is routinely monitored at 89 river and tributary sites across the province as part of our river monitoring network. Again, assessments related to water quality and supply are made by subject matter experts — biologists, hydrologists and other technologists. These are not political decisions.

While land use plans guide development and protections, it is important to note that all proposals for coal projects must be reviewed by the AER The AER is independent of government and is required to adhere to policies (both its own and government’s) in any of its project reviews. Its job as regulator is to ensure that companies mine coal in Alberta responsibly. This work starts before a mine is built and continues after the mining is complete. Companies must make applications to the AER, which includes a thorough environmental work plan before any development can even begin. If that work plan is inadequate, the company is not authorized to commence any work on the mine, and may even lose the ability to develop the project should it fail to address those inadequacies. If a coal mine is approved, the AER conducts inspections and audits to ensure the mine operator follows the regulator’s rigorous requirements, and those inspections can occur a number of times each year.

If a company does not comply and adhere to these requirements, then it will be held accountable through a range of enforcement tools, including environmental protection and suspension orders, fines, and prosecution.

I want to assure you that I take the ongoing protection of the Eastern Slopes incredibly seriously. I have lived in this area for most of my life. I ran backcountry lodges in the region and my kids grew up fishing and camping in the foothills of the Slopes. I have a personal investment in ensuring they are protected and I want to assure Albertans that I am directing my department to do everything in its power to do just that.

I want to reiterate that Alberta has a long history of pioneering environmentally-responsible resource development. That history has taught us the importance of balance and of ensuring the legwork is done by industry and government to protect the environment in advance of a project moving forward. I and my team at Environment and Parks remain committed to protecting our air, land, water, and wildlife for future generations.

Sincerely,

Jason Nixon
Minister of Environment & Parks

I hope this brings some clarity and we look forward to your continued participation in the discussions and consultation to come.

For further questions and updates please feel free to connect your MLA Mr. Shane Getson by calling:: 780.967.0760 (click2call) or email:  LacSteAnne.Parkland@assembly.ab.ca

MLA Shane Getson (UCP)

Lac Ste. Anne-Parkland Constituency, Alberta