Recent court decisions and legislative changes have marked
significant changes to the regulatory approval process. This
month, Alberta courts rendered decisions with respect to Alberta
energy resource development projects by Brion Energy Corporation
(Brion) and Southern Pacific Resource Corp. (Southern Pacific).
Furthermore, the federal government finalized amendments to
the Regulations Designating Physical Activities
(Regulations) and the Alberta government (Alberta) tabled the
Protecting Alberta's Environment Act (Act).
In the Brion decision, the Alberta Court of Appeal granted leave
to Fort McKay First Nation to appeal the Alberta Energy
Regulator's (AER) decision approving Brion's application
for a bitumen recovery project. The leave was granted on the
issue of the AER's interpretation of its power to decide
constitutional issues, including whether the AER is required to
address any limits to Alberta's constitutional power over the
diminution of Aboriginal
