On July 23, 2020 Alberta's Bill 31: Environmental Protection Statutes Amendment Act received Royal Assent and came into force assuring the sand and gravel industry and clarifying for the courts that silica sand is not considered a mineral under the Environmental Protection and Enhancement Act (EPEA). Projects removing sand, gravel, clay or marl do not require a mandatory environmental impact assessment (EIA) report and will be regulated as they had been prior to the Alexis decision of the Alberta Court of Appeal. While an EIA is not mandatory, the Director still has discretion to impose the requirement of an EIA along with other conditions.
The Bill amends the EPEA and the Public Lands Act (PLA). Specifically, it amends the definitions of "minerals" and "pits" to clarify how minerals and pits are defined, and removes certain references to silica sand, thus removing confusion for sand and gravel operators regarding the appropriate environmental review process.
These amendments are in response to the recent Alberta Court of Appeal decision of Alexis v Alberta (Environment and Parks).1 In this case, Armin Alexis, a member of the Alexis Sioux First Nation, sought judicial review of the decision of the Director of Environmental...
