A Guide to the Alberta Energy Regulator’s Coal Mine Approval Process

There are a few junctures within the coal mine approval process that allow for some degree of public input. Finding out about these opportunities requires diligence and a bit of luck. The best way to keep on top of any official applications is to visit the AER’s ‘Public Notice of Application’ site. Notices are automatically generated here for most applications that the AER receives and once registered, allow members of the public the opportunity to submit a Statement of Concern (SOC) detailing the potential impacts that the project will have. By the time the application is registered on this site, however, a lot more has happened (both publicly and behind closed doors) that can serve to give an application momentum before it is even registered.  

While conversations that happen behind closed doors can only really be inferred, the company is required to conduct early engagement with the public before filing any energy development application (including a coal exploration program). How this engagement takes place is mandated through AER Directive 056, and largely requires the proponent to consult stakeholders within a specified radius of the proposed development. The length of this radius differs according to the project type but generally only includes stakeholders living or working in close proximity to the site. The company must also include people it is aware of who have concerns about the project, regardless of whether they are in the radius or not, but it appears up to the company to decide who these people may be. According to the directive, it is also up to the proponent to assess its need to reach the broader public and only if it does so will public information sessions or open-house meetings be organized. While AER Directive 056 does mandate the development of a participant involvement program, the extent to which any interested or affected member of the public can participate in this program is largely at the discretion of the proponent.  

As described in the flowchart notes, if a concerned organization, group or member of the public can obtain a project summary before a mine development application is registered, they can petition the Minister of Environment and Climate Change to designate the project for federal review. The petition needs to explain why the project should be reviewed federally and therefore needs to detail potential federal impacts (including impacts to fish and fish habitat, migratory bird habitat, etc.) If granted, it will ensure that the project is subject to added scrutiny at the federal level and that the findings of this review are considered in the project approval decision.  

If a coal mine has been approved, there are further opportunities for public comment that arise when the company applies for certain amendments to their development. Not all amendments, however, provide this opportunity. Essentially, amendments that may directly and adversely affect a person’s rights, or significantly change the operations or scale of a project may trigger the need for public input. As with other mine development applications, these types of amendment applications will appear on the AER Public Notice of Application website and will provide the public with the opportunity to submit an Statement of Concern (SOC).