On May 6, 2020, the Alberta Court of Appeal unanimously quashed a decision of the Director (Alberta Environment and Parks) that found no environmental impact assessment is required for a silica sand extraction project. A majority of the Court of Appeal further ordered that the Director notify the proponent (Wayfinder Corp.) that it must submit to the Director an environmental impact assessment report under the Environmental Protection and Enhancement Act (EPEA). The decision brings important clarity to Alberta’s previously inconsistent treatment of major silica sand projects for the purposes of EPEA.
Osler, Hoskin & Harcourt LLP acted for the successful appellant in this litigation with a team that included Martin Ignasiak, Justin Fontaine, Jesse Baker (Regulatory, Indigenous and Environmental) and Sean Sutherland (Litigation)