Tennant touts Alberta’s new environmental plan

By Zentner, Caroline on October 29, 2013.

Caroline Zentner

lethbridge herald

[email protected]

A key element of Bill 31, the proposed legislation to give Alberta a world-class environmental monitoring system, is for its data to be publicly available through the Internet.

Howard Tennant, chairman of the advisory group that developed the legislation, said it creates an arms-length agency to operate under the purview of Diana McQueen, minister of environment and sustainable resources, who introduced the bill Monday in the legislature.

“It commits that all things which are measured, recorded, interpreted and reported are to be presented on the web, no more data being kept by government. Everything is to be published on the web. That means that any people internationally can look at monitoring data from Alberta and judge for themselves as to whether we’re doing a reasonable deal,” said Tennant, the former University of Lethbridge president.

The data will also provide a foundation for setting regulations and royalties.

“Mostly what we’ve been doing is our regulations have been coming about through political means,” Tennant said.

The agency board will report to the minister and theoretically the minister could fire the board, just as Health Minister Fred Horne did in June.

“So obviously selecting a chairman who can negotiate with the minister and take it to the board and convince the legislature that this is the right thing to do is the kind of person we need,” he said.

Other important roles in the agency are the chief executive officer and the chief financial officer. Tennant said it will also be important for the agency to look at solutions and identify the most important areas to tackle.

Funding for the agency is to be shared by industry and the provincial government although how much from each has yet to be decided, Tennant said.

The legislation provides for a three-year business plan for the agency and Tennant estimates $50-million would be needed for the first year of operations.

“I expect a substantial component will come early on in the process from industry. Industry desperately wants this. Basically, from their point of view, they say ‘How can we argue with government about royalties and environmental things when government doesn’t share the monitoring?’” Tennant said.

Alberta will need to work co-operatively with the federal government since Canada is responsible for fisheries and navigation.

The new Alberta Environmental Monitoring, Evaluation and Reporting Agency (AEMERA) is expected to begin operating in early 2014.

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Land use plan could hurt Crowsnest coal development: mining company

By Amanda Stephenson, Calgary Herald October 28, 2013

CALGARY – One of the companies hoping to bring coal mining back to the Alberta side of the Crowsnest Pass is raising serious concerns about a new draft land use plan for southern Alberta.

Calgary-based Altitude Resources Inc. said it will express its fears about the proposed South Saskatchewan Regional Plan at upcoming public consultation sessions. Altitude chair Gene Wusaty said if left as is, the plan could clip the wings of southern Alberta’s fledgling coking coal industry and serve as a roadblock to economic development.

“The way we look at it, there’s no real balance (in the plan) for economic activity,” Wusaty said. “We’re going to have, I think, one kick at the cat here to be heard. Because if it passes, the chances of us going back and getting it changed are going to be pretty slim.”

The South Saskatchewan Regional Plan — unveiled by the Alberta government earlier this month — is meant to guide future decisions on development, recreation and conservation in the province. Touted as a balance between development and conservation, the plan proposes 32 new and expanded recreation and conservation areas, with nine new or expanded provincial parks and three new or expanded recreation areas.

The majority of the proposed new protected areas lie along the eastern slopes of the Rockies. The problem, Wusaty said, is that the eastern Rockies are the only place in Alberta where coking coal — coal used in the production of steel — can be found.

“A good chunk of these lands have already been removed from any possibility for development over the last several decades, as wilderness areas have been established and provincial parks have been established,” Wusaty said. “From that point of view, we’re concerned. Every time (the government) comes out with a new plan like this, it diminishes the opportunity for us.”

There hasn’t been a working coal mine on the Alberta side of the Crowsnest Pass for decades. But growing Asian demand for steel is driving up prices for coking coal, and companies are paying attention. This year alone, two companies — Altitude and Australia’s Riversdale Resources — have announced plans to commence exploratory drilling in the area. Altitude is currently preparing its permit application, while Riversdale will kick off its coal quality drilling program in November.

But Wusaty said some of the smaller proposed protected areas lie right in the middle of Altitude’s properties. In addition, the boundaries of the proposed new Livingstone Range provincial park would butt up against the coal company’s lands.

Wusaty said Alberta already has a strict regulatory process in place that determines whether mining applications can go ahead. He said the environmental impact of proposals should be considered on a case-by-case basis, not by making blanket land use rules that could stop industry in its tracks.

“Crowsnest Pass does not have a big revenue stream from any industry, and now they have the possibility to develop some coking coal mines in the area,” he said. “Let’s get the regulatory system to look at this from the broader view, rather than just cherry-pick certain areas and remove them from possible development.”

A government spokesperson said it is too early to speculate on how the draft South Saskatchewan Regional Plan could impact specific projects or proposals.

“If the draft SSRP plan is approved, government will determine how existing tenure will be managed through consideration of feedback received during consultation and existing policy,” said Mike Feenstra, press secretary for Energy Minister Ken Hughes.

For their part, environmental groups believe industry has little to fear. Both the Yellowstone to Yukon Conservation Initiative and the Alberta Wilderness Association say there are fewer new protected areas in the draft plan than they had hoped for. They say what new additions are there are largely concentrated in higher elevations.

“In general, it’s pretty much business as usual in terms of protected areas, so I’m not really sure why they think this plan would impact development for coal,” said Brittany Verbeek, conservation specialist with the Alberta Wilderness Association.

Steve Mallyon, managing director of the Australian company Riversdale Resources, said he is still uncertain about the impact of the draft plan, though he believes there is room for it to accommodate coal.

“I think the Crowsnest Pass area has been regarded as a previously mined region, which should assist us,” Mallyon said.

Public consultations about the draft South Saskatchewan Regional Plan will take place across Alberta, starting November 5.

[email protected]

© Copyright (c) The Calgary Herald

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Braid: Wildrose’s Saskiw shows cunning in legislature

By Don Braid, Calgary Herald October 28, 2013

The peaceful glow of the first post-flood legislature day lasted about 30 minutes Monday. It ended at the precise moment when Wildrose MLA Shayne Saskiw called the province’s ethics law “a piece of junk.”

Thus began an eruption which showed, if there was still any doubt, that the last of Alberta’s sacred cows have been ushered out to pasture.

Wildrose will throw at the Tory government every bit of dirt it can find. The PCs, knowing this, are desperate to prevent this session from turning into a scandal a day, especially in the weeks before Premier Alison Redford’s party leadership review on Nov. 22.

With all that in mind, Saskiw’s attack is revealed as an masterpiece of legislative cunning.

When he made his crack about the ethics law, Speaker Gene Zwozdesky exploded.

He will not tolerate MLAs calling their own laws “a piece of junk,” Zwoz said. He threatened dire penalties for Saskiw, who did not look the least bit contrite.

The Wildrose member was referring to a recent ruling by Ethics Commissioner Neil Wilkinson.

It found Edmonton MLA Peter Sandhu, elected as a PC, had breached the Conflicts of Interest Act when he failed to disclose six lawsuits against his company. Wilkinson nonetheless refused to sanction Sandhu.

While Saskiw reminded everyone of that, he managed through pure legislative gymnastics to involve another government embarrassment, Fort McMurray MLA Mike Allen.

Allen is the PC member, you will recall, who was on government business in July when he was arrested for allegedly soliciting a prostitute in St. Paul, Minn., where he now faces charges.

Allen promptly quit Redford’s PC caucus and now sits as an Independent.

But he remains, mysteriously, the chairman of the legislature’s Select Special Conflicts of Interest Act Review Committee.

That allowed Saskiw to ask — while mischievously noting that Allen is “in charge of ethics” — whether the committee is thinking of getting rid of Wilkinson.

Allen, huddled in the legislature’s Independent grotto in the back row, didn’t get to his feet.

Instead Redford answered, saying the opposition likes ethics rulings that make the PCs look bad, and hates those that don’t.

That was a dubious claim, since Wilkinson has never issued a ruling that made the government look bad.

In fact, the Sandhu ruling is the only one he’s ever done on an MLA, after nearly five years on the job.

But Wilkinson is, currently and apparently endlessly, looking into the Tobacco-gate case that Redford was allegedly in a conflict for recommending a contract for a law firm involving her ex-husband. Saskiw asked how much faith Albertans can have in that inquiry.

On Monday, Wildrose managed to wrap all this together with one series of questions. Zwozdesky, who thundered at Saskiw to be quiet, looked like he was favouring the government. Sandhu, Allen, Redford and Wilkinson all appeared to be tied up with a neat little bow.

And that helps explain, at least indirectly, what the government was up to on opening day.

The PCs released or promised a blizzard of bills on everything from regional governance to flood relief and bus lanes on Highway 63. There was so much confusion, such a wild scramble for detail, that the exercise seemed designed to wrong-foot both the opposition and the media.

Only a few years ago, all upcoming bills were described in some detail by government house leader Dave Hancock a few days before the session opened.

Now, Hancock barely seems involved. The premier’s office surely is.

And the goal, one suspects, is to ensure that a guy like Shayne Saskiw does not become the story of the day.

Don Braid’s column appears regularly in the Herald

[email protected]

© Copyright (c) The Calgary Herald

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Capital Power shifts focus closer to home

By Dave Cooper, Edmonton Journal October 28, 2013

EDMONTON – Capital Power Corp. had its eyes set on diversifying assets across North America, but Alberta’s open power marketplace and strong growth prospects have convinced the Edmonton-based company that this province is where it’s at.

The company recently sold three merchant power plants in New England and made 220 staff reductions at U.S. and Canadian operations, paring its acquisition-seeking department.

“We have done a strategic review of where the markets are, and when you look at growth potential combined with the retirement of coal-fired power plants, it (the opportunity) is all here in Alberta,” said Brian Vaasjo, Capital Power’s chief executive.

The company reported strong third quarter earnings on Friday and expects to exceed its earlier financial forecast for the year.

When the sale of its three New England gas-fired plants is complete, that money will go toward paying its share of the 800 megawatt Shepard Energy Centre in Calgary.

Capital Power also is set to announce its own energy project, called Genesee 4 and Genesee 5. These two combined-cycle gas turbines would produce just over 1,000MW, and sit beside the company’s three other coal-fired power generators southeast of Wabamun Lake.

“We are close to announcing a partner, so it is not really appropriate to call it the Capital Power Energy Centre anymore,” said Vaasjo.

The project could be phased in, depending on the market, but there is no doubt it will be built.

“People in the industry here have a very positive outlook, and the significant thing is that we know the coal-fired plants will be retired on schedule — there will be 1,000MW retired by the end of this decade and another 3,000MW by the end of the next decade, plus AESO is talking about a four per cent increase in demand (each year), so there are lots of opportunities for new plants,” said Vaasjo.

Atco Power has plans for a 400MW Heartland power plant that could be approved in 2014 and TransAlta Utilities is planning for a gas-fired Sundance 7 turbine beside its existing coal-fired Sundance power plant.

“Right now we are looking at when our Genesee plant 4 would fit in. If Atco moved forward now, that might push us out another year, but not beyond 2020,” said Vaasjo.

The new federal rules surrounding the lifespan of coal plants (most will close by 2030 unless new technology is added) has given the industry a backstop and some certainty so that natural gas, wind or water replacements can be brought on.

In the U.S., the coal-powered plant retirements debate is a huge — and unresolved — issue.

Capital Power retains two small power plants in North Carolina that have contracts, and Vaasjo said the company would consider buying ones that came with contracts. But the merchant business — where plants bid on power demand — is now largely uneconomic in the U.S.

“It has changed down there. You have governments sticking their fingers in with the view of suppressing prices, or increasing supply on the green side where there is not the demand, which undercuts the (existing) merchant market producers. So the markets there are significantly less desirable for a power generator than Alberta,” he added.

© Copyright (c) The Edmonton Journal
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Fall session opens as Redford, Smith spar over Alberta debt

 By Keith Gerein, Edmonton Journal October 28, 2013

EDMONTON – Promises by all parties to play nicer in the Alberta legislature proved tough to keep Monday as the first day of the fall session got underway.

Opposition leaders opened question period by blasting the PC government on health care waiting times, big city charters, and delays in school construction, but the biggest fireworks came when Wildrose Leader Danielle Smith challenged Premier Alison Redford on the province’s growing debt to pay for infrastructure.

Smith introduced the topic by making fun of a statement Redford made earlier this month when she said debt equalled “hope” for Albertans.

“Let’s take some of the premier’s other quotes and sub in ‘hope’ for ‘debt’ and see if that makes sense,” Smith said. “Alberta does not have hope, and we will not incur hope. We cannot come out the current fiscal situation with hope.

“So to the premier, if debt is hope, when can we expect to once again be hope free?”

Redford said she stood by her comments, insisting that province’s plan to borrow money will mean needed schools, health facilities and roads get built faster.

“The one thing Albertans told us in the last election was to keep building,” Redford said, suggesting the decisions of past Conservative governments to go debt free resulted in an infrastructure deficit.

“We didn’t have enough schools, didn’t have enough hospitals, we were not investing in communities, and that is what we are doing today.”

Smith also slammed the government on health care waiting times, after a Fraser Institute report indicated Albertans are enduring longer delays for surgeries and diagnostic tests. The report said there is now an average wait of more than 23 weeks between the time Alberta patients get their first referral to when they actually receive treatment. That leaves Alberta fifth among the 10 provinces, but behind the national average of 18 weeks.

While Smith characterized the report as further proof the province has failed to give patients timely access to care, Health Minister Fred Horne said the system has been seeing improvement. He said the government measures itself by statistics from the Canadian Institute for Health Information, which has indicated Alberta is progressing on lowering waiting times for hip and knee replacements, cataract surgeries and bypass procedures.

Earlier Monday, Redford outlined what she called the province’s “ambitious agenda” in a 20-minute speech to about 550 guests at an Edmonton Chamber of Commerce luncheon.

The speech touched on themes of flood recovery and the need to continue building for a province that continues to grow in population. The speech also included not-so-subtle jabs at the Wildrose, which she criticized for having a “build-nothing” approach.

Alberta NDP leader Brian Mason criticized Redford’s choice of venue for her speech.

“There’s no throne speech but she comes and gives the throne speech at the chamber of commerce and the symbolism of that could not be more clear: she is accountable to the business community, but not to the people,” he said.

In the legislature, Mason’s NDP colleague David Eggen tried to initiate an emergency debate on problems in the home-care sector, but Speaker Gene Zwozdesky ruled against it.

With files from Mariam Ibrahim

[email protected]

© Copyright (c) The Edmonton Journal
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Alberta plans to create new oilsands monitoring agency

By Mariam Ibrahim, Edmonton Journal October 28, 2013

EDMONTON – The Alberta government introduced on Monday legislation to create a new arm’s-length environmental monitoring agency focused on the oilsands, but critics say the law leaves too many questions unanswered.

The Protecting Alberta’s Environment Act, tabled in the legislature Monday, will create the new agency more than two years after the province first said it planned to establish a new system to monitor the impact of the oilsands on the environment.

The Alberta Environmental Monitoring, Evaluation and Reporting Agency (AEMERA) will initially focus on the northern Alberta oilsands and will be tasked with collecting data on water, air, land and biodiversity. Once up and running in early 2014, it will be responsible for administering the Joint Oilsands Monitoring Plan, a federal and provincial government initiative that monitors air, water and forests in the northeast until the agreement expires in 2015.

Speaking to reporters following a lunchtime speech Monday to the Edmonton Chamber of Commerce, Redford said the agency’s work will be “incredibly impactful.

“It’s the only place in North America where this has ever been done, where there will be integrated monitoring,” Redford said. “People are going to be able to go on websites when this is done, look at a point on a map and see exactly what’s going on at that point in time — not just in northern Alberta, but eventually through all of Alberta.”

Under the legislation, the agency’s purpose is to “obtain credible and relevant scientific data … regarding the condition of the environment in Alberta” and to ensure any data are publicly reported. The bill doesn’t outline how often the data will be reported, nor does it say how it will be released.

The agency must also appoint a science advisory panel of up to eight members. The panel would be required to periodically review the scientific basis of the agency’s monitoring activities, the legislation says.

Liberal environment critic Laurie Blakeman criticized the bill for being light on details, including how often the data are made public. She noted the bill includes no requirements that the advisory panel’s members have any science-related credentials.

Alberta NDP MLA Rachel Notley also raised concerns over the lack of a clear timeline in the new bill.

“The government should not be allowed to use the monitoring agency as a means of delaying action on preventing and eliminating pollution,” she said. “If the agency takes a long time to get set up and start collecting its data, every time anyone raises a concern that something is unhealthy or unsafe, they’ll be told to wait until the data are collected. So we need to make sure the timelines around this agency are clear and concise.”

Jennifer Grant, oilsands program director for the Pembina Institute, said the monitoring agency’s effectiveness won’t truly be known until the government answers some major questions.

She said the agency must have a long-term, stable funding mechanism and must leave absolutely no question in people’s minds that it is independent of government.

“Will it engage sufficiently First Nations and their expertise on traditional knowledge, and will it have independent scientific experts?” Grant asked. “Will that information be made public in a timely manner and will that information be used to inform decisions?”

She said failure to meet any of these standards could stymie hopes of improving Alberta’s international credibility on environmental protection.

A spokeswoman for Alberta Environment said the agency will receive funding from both government and industry, via the Joint-Oilsands Monitoring Plan. It’s not clear how the new monitoring agency would be funded in the long-term.

With files from Keith Gerein

[email protected]

Twitter.com/mariamdena

© Copyright (c) The Edmonton Journal
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Drilling issue hits home in other Alta. cities

By Mabell, Dave on October 19, 2013.

Dave Mabell

LETHBRIDGE HERALD

[email protected]

As your plane pulls up to the Calgary terminal, you realize you’re in oil country.

The bobbing pumpjack near the taxiway – like the skyscrapers downtown – lets everyone know Alberta is the home of Canada’s lucrative energy industry.

For some city residents, however, that can become far too “close to home.” Citizens of northwest Calgary rose up in opposition to an oil well proposed for their neighbourhood. Soon, West Lethbridge residents could find themselves in the same situation.

A Calgary company, Goldenkey Oil Inc., has announced plans to drill several exploration wells west of Copperwood and The Crossings. If it receives regulatory approval, work could begin in March.

The company has given Oct. 24 as the date for a public information session in Lethbridge, but no location or time has been confirmed.

City council has gone on record in opposition to any energy drilling within Lethbridge city limits – but provincial authorities have the final say. Other cities across Alberta have made a variety of responses when they, too, have faced similar challenges.

In Calgary, the jury is still out on whether homeowners have any rights in the matter. Paul Leong, the city’s oil and gas liaison manager, says residents of the Rocky Ridge neighbourhood are still awaiting the results of an appeal.

When they heard about plans for an exploration well just 100 metres from their local shops several years ago, he says citizens registered their opposition with the province’s energy regulator. The city went on record in opposition as well.

When the company received the agency’s approval – some are denied – the residents launched an appeal. They’re heard by the Alberta Court of Appeal, with its decisions based on questions or jurisdiction or law.

(A spokesperson for the Alberta Energy Regulator reports that 5,417 of the 36,382 drilling applications received last year were denied, withdrawn or officially closed. Just seven public hearings were held and five “leave to appeal” applications filed after decisions were rendered.)

In Calgary meanwhile, Leong says, the applicant is looking for a different site for its well. No further drilling applications involving land inside the city have been filed, he adds.

As with Lethbridge, the sustainable development manager in Edmonton says city council there has recorded its opposition to oil and gas drilling inside city limits by creating an urban drilling policy. But David Holehouse concedes compliance is voluntary.

“We have no jurisdiction over oil or gas drilling,” he points out.

But Holehouse says the province’s energy minister, Ken Hughes, promised to review the government’s acceptance of urban drilling, in response to constituents’ concerns raised by a Calgary Conservative MLA earlier this year.

In Lethbridge, New Democrat leader Brian Mason called on local MLAs to speak out on the issue after the Goldenkey project was announced. But in response, Lethbridge West MLA Greg Weadick neither supported nor opposed drilling in his riding.

Abandoned oil wells are part of the story in Red Deer, says urban planner Jim Benum. As in Edmonton, most were drilled and depleted before the land was annexed to the city. But one company has recently challenged his city’s opposition to new wells, he adds.

Grande Prairie may also have to deal with abandoned wells. Dave Olinger, the city’s communications director, says city council has launched an annexation initiative to provide more industrial land. Until provincial officials approve, he says, city planners might not have detailed information on wells drilled outside city limits over the years.

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Alberta Energy Economist Warns Pipeline Companies ‘Landowners more powerful when they communicate

Posted on 24 Sep 2013 by admin

Look at it as a sign of the times. As the pipeline boom continues across the Prairies, Canada, and North America, corporate media has struggled to cover the story.

Which means most pipeline news has been discussed from the points of view of government, industry, and, predominantly, environmental activists — the people with multi-million dollar public relations budgets, in other words.

Left out of the mainstream conversation for the most part has been the people who live and work with pipelines in their backyards: farmers, ranchers, and other rural residents.

That may be changing. Not only did the CBC deign to acknowledge landowners in a sizeable story on the pipeline boom, but they quoted a prominent mainstream pipeline pundit and university professor to boot.

Andrew Leach is an economist at the University of Alberta. We think he has a pretty good handle on the situation:

Andrew Leach, an energy and environmental economist at the University of Alberta, said that’s a “more reasonable approach.”

Leach took pipelines off his course list a few ago. Now pipelines are back. ”It’s all we talk about in my classes.”

Leach said landowners are more aware and plugged in and companies have to take that into account.

“The companies are learning that landowners are more powerful when they communicate,” Leach said. “They can expect more opposition from people who never even thought about pipelines.”

We certainly concur re: the power of communications. Calls to the Regina headquarters of the Canadian Association of Energy and Pipeline Landowners Associations (CAEPLA) have more than doubled from this time last year. And you can help too, by letting your friends, neighbours, and associates know they can keep abreast of pipeline news right here at the Pipeline Observer!

– See more at: http://pipelineobserver.ca/alberta-energy-economist-warns-pipeline-companies/#sthash.8InKHybP.dpuf

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Oil drilling plan prompts protest

By Lethbridge Herald on October 19, 2013.

Conor Beagan

City residents stood up for “No Drilling” in a downtown protest Saturday against a controversial project planned here.
The No Drilling in Lethbridge rally at Galt Gardens provided a forum for those opposed to impending plans by Calgary-based Goldenkey Oil to drill oil wells in West Lethbridge.
Hundreds gathered to protest the plans. Several speakers were on hand, including MLAs Greg Weadick and Bridget Pastoor.
“Bridget and I came out today to show that we don’t support drilling in Lethbridge. We want to make sure that drilling anywhere near the city of Lethbridge is done safely. West Lethbridge is growing very quickly, we have new families moving in, and we want to make sure that land is available and safe,” said Weadick.
Members of the Idle No More movement were prominent during the event, with speakers from the Blood Reserve and several supporters.
“We are all connected by the most basic of our needs. Clean water, clean air and a clean environment for all the life that depends upon it. We’ve already felt the negaitive effects of fracking on the Blood Reserve. We know of contaminated water, we know of the tremors that were reported on the Southern end of the reserve, we know of the students who were sent home sick from mysterious fumes as a frack well was less than a mile away from our middle school, high school and college,” said Lori Brave Rock.
In the past year, Brave Rock spent time talking with director of the documentary film “Gasland” and made connections with other anti-fracking activists through Facebook.
“I can, without a doubt, tell you that fracking has changed my life forever. It set me on this path that led to my involvement that led to my involvement in the Idle No More movement. I was like most people who turn on the tap, not really thinking about where that water came from. My concerns over the threats posed by fracking compelled me to learn more,” said Brave Rock.
Both Brave Rock and Weadick urged the public to be educated on the effects of fracking and how a new drilling project might effect Lethbridge residents.
“We are all members of the Oldman watershed and I encourage everyone to take time to learn more,” said Weadick.

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Alberta won’t review excluding bands from oilsands hearings

 By Bob Weber, The Canadian Press October 20, 2013

EDMONTON – The Alberta government says it won’t reconsider recent decisions to bar two aboriginal groups from voicing concerns about oilsands developments on or near their traditional territories.

That refusal comes despite urgings from a Queen’s Bench judge to loosen restrictions on who has the right to appear before boards making decisions on how development in the province can proceed.

The government “doesn’t see that it’s necessary to review those cases,” said Nikki Booth, spokeswoman for Alberta Environment.

Earlier this year, the Metis Local 1935 from Fort McMurray and the Fort McKay First Nation filed statements of concern regarding oilsands developments.

The Metis are concerned about the Thickwood project proposed by Grizzly Oilsands Ltd., which would produce about 12,000 barrels of oil per day about 60 kilometres northwest of Fort McMurray. The group says the project is in an area used for hunting and other traditional activities and two of its members live there.

The Fort McKay band filed a statement of concern regarding an Athabasca Oil Sands Corp. (TSX:ATH) proposal for a 6,000 barrel a day pilot project about 20 kilometres from one of its reserves. It says the project will add to the ongoing extinction of moose and caribou from the area as well as damage traditional ceremonial sites used by Fort McKay.

“There are quite a few concerns that were filed,” said band spokeswoman Dayle Hyde.

But in September, both groups were told they failed to make their case. Neither will be able to air their concerns to the body that decides how — or if — projects should proceed.

Fort McKay was told it hadn’t provided hard evidence to show Athabasca’s project would affect it.

“A connection between the alleged (traditional) activities, even if they are carried out in and around the project area, and the project has not been shown,” said a Sept. 19 letter from the Alberta Energy Regulator.

No hearings at all will be held for the Athabasca proposal.

The Metis were told that having only two members that live on the land in question weren’t enough.

“The … filer must demonstrate that the majority of the group is directly affected by the aforementioned project,” the department wrote on Sept. 20.

But Kyle Harrietha, manager of Local 1935, said his group hasn’t even had a chance to figure out how it could be affected.

“There hasn’t been any consultation, there’s never been a traditional land use study, so we can’t fully say what the traditional land use was,” he said.

The government said the local could appear on behalf of its two members who live in the area, but Harrietha said that’s not the same as speaking as a group.

“Aboriginal rights aren’t held by the individual,” he said. “What they’re asserting is that we’re basically a community association.

“They’re treating us like a boy’s and girl’s club.”

Alberta’s policy on who has the right to speak at such hearings was criticized in an Oct. 1 court judgment. Justice Richard Marceau overturned a decision to bar two environmental groups from presenting concerns, largely because of a document suggesting the decision was made for political reasons.

Marceau added in a non-binding part of the ruling that restrictive rules on who can speak violate both the government’s own legislation and previous court rulings.

“The process of identifying who is ‘directly affected’ should not be decided by the application of rigid rules,” Marceau wrote.

He said hearings should seek a broad range of information and that doubts should be resolved in favour of the applicant.

“I think it’s fair to say that (Marceau) was encouraging a wider application of the standing test than he perceived is being applied,” said Sandy Carpenter, a Calgary lawyer whose practice focuses on resource and regulatory law.

Carpenter added that Harrietha has a point when he complains about the government dealing with individual aboriginals instead of communities.

“When First Nations and Metis say their rights are collectively based, they’re right in saying that. If an aboriginal group can put forward the exercise of rights by members of the community in the area in question, that’s something that should be taken into account.”

Booth said the government decides who can speak at hearings based on the circumstances of each case.

“Each case has their own different impacts,” she said.

She said the courts are available to groups that disagree with the government’s ruling.

Harrietha said Local 1935 is considering its options.

“We’ll be asking the government for a review. Depending on their response we’ll have to determine whether further action is required.”

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