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August 20, 2013

Joint Review Panel Releases Report & Decision on Oil Sands Jackpine Mine Expansion

Shell Canada Energy Application to Amend Approval 9756/2013 ABAER 011/AER Application No. 1554388/CEAA Reference No. 59540

Introduction and Overview

The Joint Review Panel (“Panel”) for the Jackpine Mine Expansion issued its lengthy report and decision, (spanning more than 400 pages), on July 9, 2013. It addresses Shell Canada Energy’s (“Shell”) application to increase bitumen production at the existing Jackpine Mine (the “Project”) located 70 kilometres north of Fort McMurray by 15,900 cubic metres per day.

Legal Framework

During the Panel’s assessment, the Canadian Environmental Assessment Act was repealed and replaced by the Canadian Environmental Assessment Act, 2012 (“CEAA, 2012”). As a result, this was the first review dealing with the requirements of the CEAA, 2012.Section 3 of the Alberta Energy Resources Conservation Act required the Panel to consider whether the Project was in the public interest. Alberta’s new Responsible Energy Development Act requires consideration of the social and economic effects of the Project and of the effects of the Project on the environment.

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