We are fast approaching one of the last steps in the regulatory review of the Springbank Off-Stream Reservoir: the public hearing conducted by provincial regulator, the Natural Resources Conservation Board (NRCB).

IMPORTANT: NRCB approval is required, otherwise the project cannot proceed.

Firstly, thank you to everyone who wrote in or answered our survey to support our evidence package. We’re hopeful that our tragic stories will help convince the NRCB of the critical nature of SR1.

Now, with less than a month left before the hearing, here’s what you need to know about the process.

When will the hearing start? The hearing is scheduled for 10 days starting at 9:00 a.m. on Monday, March 22, 2021 until Monday, April 5, 2021. Read the December 10, 2020 NRCB pre-hearing conference report and February 16, 2021 NRCB letter to directly-affected parties with hearing details and overall hearing schedule. 

Is there a risk of the hearing being delayed? It is possible but we do not expect that to occur. On February 9, 2021, the NRCB denied a request by the Stoney Nakoda Nations to adjourn the hearing.Read the NRCB decision on the Stoney Nakota application.

How many intervenors are there? Who are they? The following parties were granted intervenor status and full participation rights at the hearing:

• Ermineskin Cree Nation
• Blood Tribe/Kainai
• SR1 Concerned Landowners Group (SCLG)
• Calalta Amusements Ltd. and Calalta Waterworks Ltd.
• Scott Wagner
• Calgary River Communities Action Group (CRCAG) and Flood Free Calgary (FFC)
• City of Calgary
• Kyle Keith
• James Cran
• Stoney Nakoda Nations

You can read more about who applied and who was/wasn’t granted standing in the pre-hearing conference report.

How does it work? In consideration of the COVID-19 pandemic restrictions, the NRCB has decided to hold a virtual hearing. The Board has adopted a topic-based hearing format, meaning that parties will present oral evidence and cross-examine other parties during separate times set aside for each topic. The topic areas are:

Topic 1: Project Need and Justification
Topic 2: Crown Consultation and Land Use
Topic 3: SR1 Design, Safety and Risk
Topic 4: Water
Topic 5: Air Quality, Human Health, and Terrestrial

Following cross-examination, parties will have an opportunity to provide oral final argument, currently scheduled for Monday, April 5, 2021.

CRCAG and FFC will participate in Topic 1 (Project Need and Justification), which is scheduled for Monday, March 22 and Tuesday, March 23. CRCAG and FFC will be represented by Brenda Leeds Binder and Tony Morris, Co-Presidents of CRCAG, and Paul Battistella, Founder of FFC. Following a short opening statement, these witnesses will be available for cross-examination on the written evidence which is being filed on February 26, 2021. Detailed weekly schedules will be released prior to the hearing. Read more about board hearings. Read more about board hearings.

Can I watch remotely? Yes, a YouTube link to a live feed will be posted on the NRCB website and a daily recording will also be available for later viewing. Daily transcripts will also be made available.

How can I access the documents and media presented at the hearing? All evidence submitted by intervenors and all decisions made by the NRCB are public documents available on the NRCB website.

I didn’t submit a letter or survey in time, can I still support CRCAG and FFC at the hearing somehow? No, although rest assured that CRCAG and FFC received hundreds of impactful submissions, which will be summarized in the evidence to be filed on February 26, 2021 and available on the NRCB website.

How long can we expect it will take for the NRCB to reach their final decision? The Board has indicated that participants can expect a decision report to be issued within four months of the hearing close.

Can the NRCB’s decision be appealed? Yes. Board decisions can be appealed to the Alberta Court of Appeal on questions of law or jurisdiction. The court must first grant leave to appeal.

If the NRCB decides SR1 is in the public interest, what are the next steps? Once NRCB approval is issued, the provincial regulatory review can progress to conclusion as well as the federal process (currently finalizing the EAR). Plus, supplementary applications have been filed both provincially (Water Act, Public Lands Act) and federally (Fisheries Act) that require approval before construction can commence. Once the project is given full regulatory approval, the project will still require:

• provincial cabinet approval of project
• land acquisitions and/or expropriations

It has been a long road and there is still some distance ahead of us, but it is encouraging (and a bit surreal) that we’ve finally made it to the hearing. Thanks again for all your support over the years.

Tune in on March 22 to see the proceedings unfold!

You can read the February 2021 SR1 newsletter update from the province here.

If you have any further questions about the hearing, reach out to us at info@crcactiongroup.com.

Regards,

Your CRCAG Board