Alberta: Bill 30 Enacts 120-Day Project Approvals for Major Energy Projects

• Alberta's Minister of Energy and Minerals, Brian Jean, introduced Bill 30, the Expedited 120-Day Approvals Act, on April 14, 2026, aiming to accelerate major project approvals.
• The legislation, now enacted as the Expedited 120-Day Approvals Act, proposes a new process for projects to receive a "qualified" designation, triggering a decision within 120 days or the existing statutory timeline, whichever is shorter.
• A critical requirement for applicants is the substantial completion of environmental assessments and Indigenous consultation processes before submitting an application.
• Despite the compressed timeline, the Act does not remove authority from existing regulators, nor does it specify enforcement mechanisms for the 120-day period.
• Experts suggest that without broader structural reforms addressing constitutional constraints and practical development realities, the Expedited 120-Day Approvals Act alone is unlikely to significantly reduce overall project timelines or enhance investment certainty.

Proponents are expected to have substantially completed their environmental assessment and Indigenous consultation processes prior to submitting an application under Bill 30.

Alberta's Minister of Energy and Minerals, Brian Jean, introduced the Expedited 120-Day Approvals Act, known as Bill 30, on April 14, 2026. This legislative proposal aims to establish a compressed timeline for major project approvals, with the explicit goal of accelerating oil and gas development and expanding market access. The introduction of Bill 30 followed an announcement three weeks prior, which outlined the province's intention to legislate firm timelines for major project approvals, specifically targeting a doubling of oil and gas production by 2035 and increased market access.

The scope of approvals covered by the Expedited 120-Day Approvals Act is notably broad, encompassing any "approval, permit, licence, registration, disposition, certificate, allocation, declaration, or other instrument or form of approval or consent under a prescribed enactment." This expansive definition means the legislation could apply to a wide array of critical major project approvals in Alberta. Examples include environmental approvals under the Alberta EPEA, water licences, pipeline and facility approvals from the Alberta Energy Regulator, public land dispositions, municipal development permits, and other sector-specific licenses and authorizations essential for energy projects.

Having been enacted, the Expedited 120-Day Approvals Act establishes a new procedural pathway for project proponents seeking to access these compressed approval timelines. Proponents would apply to the Minister to have their project designated as a "qualified project," a status granted to those meeting specific, though unspecified, criteria. Applications for this designation must include detailed information, which is also not explicitly defined in the current text.

The review process for these applications involves a newly formed team within the Executive Council, which is tasked with reviewing submissions and subsequently making recommendations to a committee comprising economic Deputy Ministers. This Deputy Ministers committee then decides whether to designate a project as qualified. If approved, the Minister formally designates the project via an Order-in-Council, which will specify the dates by which government and regulatory approvals must be finalized. The legislation stipulates that the final approval decision must occur within the lesser of 120 days or the timeframe already set out in the relevant prescribed enactment. Minister Jean clarified in an April 15 press conference that while the Deputy Ministers Committee has a 30-day window for its determination, no specific time limit is imposed on the Executive Council review team for their initial assessment. He also emphasized that the Expedited 120-Day Approvals Act does not diminish the authority of government decision-makers and regulators concerning project approvals.

Despite the ambitious goal of a 120-day approval timeline, the effectiveness of Alberta's Expedited 120-Day Approvals Act faces significant limitations rooted in existing legal and practical realities. A critical expectation for proponents is the substantial completion of their environmental assessment and Indigenous consultation processes prior to submitting an application under the Expedited 120-Day Approvals Act. This upfront requirement means that the 120-day clock primarily applies to the final regulatory decision-making phase, rather than the entire project development lifecycle, including the often-lengthy pre-application work.

Constitutional constraints, including federal jurisdiction over certain matters and the constitutionally protected duty to consult Indigenous communities, inherently limit the impact of a provincial legislated timeline. Furthermore, the practical complexities of project development and the intricate nature of regulatory processes, which embed environmental considerations, present additional hurdles. The legislation does not specify how these compressed timelines will be enforced against government authorities and regulators, nor does it clarify how regulators should handle substantially or partially complete environmental assessments submitted by proponents. Consequently, without broader structural reforms addressing these fundamental issues, a legislated timeline alone is unlikely to materially reduce overall Alberta major project approval timelines or significantly enhance investment certainty.

Lawyers advising on major projects in Alberta must understand that while Bill 30 proposes an expedited 120-day approval timeline, its effectiveness is limited by existing constitutional constraints and the need for substantial completion of Indigenous consultation and environmental assessments *before* application. Advise clients to focus on robust upfront preparation for these complex areas, as the bill alone may not guarantee faster approvals without broader structural reforms.

Source: Original reporting via KPMG Law LLP