An Alberta judge has rejected a First Nation’s bid for a judicial review of the program responsible for ensuring that coal mines and oilsands operators have the financial resources to clean up their sites. Justice Shannon Davis of the Court of King’s Bench of Alberta dismissed the application, citing the failure of the Athabasca Chipewyan First Nation (ACFN) to provide legal notice to all relevant parties within the required six-month timeframe.
The ACFN had served notice only to the Alberta government, arguing that the dispute centered on the Crown’s duty to consult. However, Canadian Natural Resources, Suncor Energy, and Imperial Oil contended that they should have also been served as they would be directly impacted by any changes to the program. Judge Davis sided with the companies, emphasizing the strict and inflexible nature of the six-month time limit for filing and serving an originating application.
The ACFN’s challenge targeted Alberta’s Mine Financial Security Program (MFSP), which mandates that oilsands and coal mine operators must have the financial capacity to cover reclamation costs upon closure. Instead of requiring full upfront payment, the program permits operators to use an “asset-to-liability” approach, where company assets can serve as collateral if they exceed liabilities by threefold.
As of June 30, 2025, the Alberta Energy Regulator reported liabilities of $52.7 billion, with $2.6 billion collected in securities under the MFSP since its inception in 2011. The program’s asset value was noted at $683 billion. The ACFN raised concerns during the program’s review in 2022, highlighting alleged underestimation of liabilities, lack of consideration for global market changes, and insufficient incentives for reclamation.
Despite the program’s reissuance and subsequent updates, the ACFN felt their concerns were disregarded, leading them to seek a judicial review in April 2025. Represented by Ecojustice, the ACFN expressed disappointment at the dismissal, with lawyer Susanne Calabrese stating that the court did not address their worries. The organization is exploring legal options in response to the ruling.
The ACFN maintains that Alberta has not fulfilled its constitutional obligations to ensure proper reclamation of oilsands mines on their traditional lands, deeming the MFSP inadequate for land restoration. They argue that reclamation is not solely an environmental matter but also a taxpayer, human, and Indigenous rights issue, urging all Albertans to take notice. The Ministry of Environment and Protected Areas in Alberta is reviewing the decision, while legal representatives for Suncor, Canadian Natural Resources, and Imperial Oil did not provide comments.