Prosecutions totaling more than $ 15 billion linked to the decline in the province on coal operations.
Two companies in the coal sector, who pursued Alberta for having changed its mining policy and demanded billions from the province for changing the rules of the game along the way, have just found common ground with the government. The two companies thus end their judicial appeal.
In an online opinion, Evolve Power announced that it had found an agreement in principle with the provincial government to settle its dispute concerning the Chinook project, suspended following a political reversal. A few days earlier, ATRUM COAL LTD had indicated that it had signed a final agreement in order to close the dispute surrounding the Elan Coal project.
The two companies considered that the government’s decision, which, in 2020, had reopened access to coal extraction in the rocks before turning around, was equivalent to a disguised expropriation, that is to say an indirect takeover of their assets.
Undevected amounts
The methods negotiated in the regulations were not made public. Companies invoke confidentiality clauses and the privilege linked to regulations. However, they indicated that an update would be sent to their shareholders later this year.
This affair did not only concern Evolve and Atrum. Three other companies: Cabin Ridge Holdings, Cabin Ridge Project and Black Eagle Mining Corp demand compensation exceeding $ 15 billion due to changes in government policy. None of these companies responded to requests for CBC explanations.
An always in progress prosecution
In addition, in June 2024, Northback Holdings filed a separate prosecution against Alberta. This file will be heard separately. Again, CBC indicates that he had not obtained a response from the company when publishing his article.
The government, for its part, remains silent. The Ministry of Finance did not follow up on CBC requests. As for Peter Doyle, CEO of Evolve, he said he did not want to comment more.
What the public still ignores
Despite the regulations announced, a large part of the file remains opaque. For Nigel Bankes, professor emeritus of law at the University of Calgary and specialist in natural resources, the lack of transparency is obvious.
Nigel Bankes, notes that the details of the agreements are not known to the public, in particular the financial conditions and which companies renounce.
Photo : Radio-Canada / cbc
We do not know the amounts in dollars, but we also do not know what companies abandon
he underlines.
He wonders in particular on a central point: Do they return to the crown all of their rights on coal as part of the agreement?
If he is not surprised by the confidentiality of regulations, a common practice according to him, which worries him is the lack of government communication.
The government has recently raised the ban on the exploitation of coal in the eastern slopes of the Rockies. In January, Prime Minister Danielle Smith justified this decision by a desire to protect taxpayers, without entering into the details of the court.
But on the side of Evolve, we do not believe in a clear separation between politics and current disputes.
With information from Joel Dryden
