Blog Post: Alberta Court of Appeal Rules on the new “NORM” for Standing Before the Environmental Appeals Board
On Friday December 11, 2020, the Alberta Court of Appeal released its decision in Normtek Radiation Services Ltd v Alberta Environmental Appeal Board, 2020 ABCA 456 (“Normtek v EAB”) where it overturned a Court of King’s Bench judicial review ruling that upheld a decision by the Environmental Appeal Board (the “Board”) where an appeal was dismissed on the basis that the appellant, Normtek Radiation Services Ltd. (“Normtek”), lacked standing as it failed to show that it was “directly affected” by the administrative decision under review. This is a significant decision by the Court of Appeal as it potentially expands the test for standing before the Board to include parties who’s economic interests may be affected even if not directly tied to an environmental impact. In addition, this decision has the potential to expand the scope of a hearing on the preliminary issue of standing before the Board; essentially requiring an analysis of the merits of an appeal if connected to an appellant’s position on how it may be “directly affected” by the decision being challenged.