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Permanent Coal Ban in Sensitive Eastern Slopes

Full Title: Eastern Slopes Protection Act

Summary#

  • This bill would restrict coal exploration and mining in Alberta’s Eastern Slopes to protect headwaters, wildlife habitat, and other land uses.

  • It makes a permanent ban in the most sensitive mapped areas and pauses other coal activity until stronger land-use plans are created with broad public and Indigenous input.

  • Permanently stops new coal leases and approvals in Category 1 and Category 2 areas of the Eastern Slopes (as mapped in Alberta’s 1976 Coal Policy).

  • Puts a pause on coal activity in Category 3 and Category 4 areas until a new “enhanced regional plan” is made and in effect; after that, coal could only occur in areas that plan allows and under strict rules.

  • Cancels most existing coal leases and approvals unless there is an actively operating coal mine or coal processing plant on that land (with tighter limits for Category 3 and 4 leases issued after May 1, 2020).

  • Requires at least six months of consultation with Indigenous governments and peoples and with local residents, ranchers, farmers, tourism and recreation businesses, municipalities, and others.

  • Orders the plan to set protected areas, any areas where coal might be allowed, hard limits on “linear disturbance” (roads and other straight cleared corridors), water-use rules, and a full cumulative effects framework for land, water, and air.

  • Blocks lawsuits for damages over cancelled leases and approvals, but allows companies to seek compensation through the process in the Mines and Minerals Act.

What it means for you#

  • Residents and downstream communities

    • Greater protection for source water from the Eastern Slopes, including the Oldman River watershed that supplies many towns and farms.
    • Fewer new industrial disturbances in popular mountain and foothills areas.
  • Farmers, ranchers, and irrigators

    • Added safeguards for clean and reliable water for irrigation and livestock.
    • More certainty that new coal projects will not proceed in the most sensitive headwaters.
  • Indigenous communities

    • Required “enhanced consultation” for no less than six months.
    • Space to share traditional ecological knowledge (with consent) and translation supports for elders.
    • Recognition of treaty rights and traditional activities in the area.
  • Outdoor recreation and tourism businesses

    • More certainty that high-value recreation and tourism landscapes will be protected or carefully managed.
    • Less risk of new coal-related traffic, noise, and land fragmentation in banned areas.
  • Coal workers and companies

    • Most exploration leases and approvals would be cancelled unless tied to an actively operating mine or processing plant.
    • No new coal in Category 1 and 2 areas, and a pause in Category 3 and 4 until new plans are in place and only if the plans allow it.
    • Lawsuits for damages over cancellations would be blocked, though compensation can be sought under existing provincial rules.
  • Local governments in the Eastern Slopes

    • Required role in regional planning and subregional plans.
    • Longer timelines before any coal proposals could proceed in areas that are not permanently closed.

Expenses#

No publicly available information.

Proponents' View#

  • Protects drinking water for southern Alberta by preventing mining and exploration in key headwaters and setting strong water rules elsewhere.
  • Gives clear, permanent protection to the most sensitive Eastern Slopes lands, while requiring science-based planning for the rest.
  • Respects Indigenous rights and improves trust through lengthy, well-supported consultation and inclusion of traditional knowledge.
  • Reduces wildlife habitat fragmentation by setting limits on roads and other linear disturbances.
  • Provides certainty for ranching, farming, recreation, and tourism by prioritizing those values in land-use plans.

Opponents' View#

  • Could reduce jobs, private investment, and local tax revenue in coal-dependent communities by cancelling leases and approvals.
  • Limits future royalty and corporate tax income from coal, with unknown costs for planning, consultation, and possible compensation.
  • Retroactive cancellations and the ban on lawsuits may undermine investor confidence and be seen as unfair.
  • Uses old coal-category maps; critics may say these boundaries are outdated and overly broad.
  • Lengthy planning and consultation steps could add red tape and delay other land uses or projects in the region.

Timeline

May 29, 2024

First Reading

Climate and Environment
Public Lands
Indigenous Affairs