{"id":630084,"date":"2026-04-26T15:55:12","date_gmt":"2026-04-26T15:55:12","guid":{"rendered":"https:\/\/www.newsbeep.com\/ca\/630084\/"},"modified":"2026-04-26T15:55:12","modified_gmt":"2026-04-26T15:55:12","slug":"impact-assessments-not-required-for-olds-mihta-askiy-data-centres-expert-says-legislation-needs-to-catch-up","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ca\/630084\/","title":{"rendered":"Impact assessments not required for Olds, Mihta Askiy data centres. Expert says legislation needs to catch up"},"content":{"rendered":"<p>Two more data centre projects in Alberta are not being required to complete formal impact assessments, which would evaluate factors such as environmental effects: Synapse\u2019s one-gigawatt <a href=\"https:\/\/www.cbc.ca\/news\/canada\/calgary\/olds-data-centre-reapplied-9.7158499\" target=\"_blank\" rel=\"nofollow noopener\">data centre campus in Olds<\/a> and the Woodland Cree First Nation-led <a href=\"https:\/\/www.cbc.ca\/news\/canada\/edmonton\/first-indigenous-data-centre-abandoned-power-plant-1.7586072?cmp=rss\" target=\"_blank\" rel=\"nofollow noopener\">Mihta Askiy data centre project<\/a>, about 500 kilometres northwest of Edmonton.<\/p>\n<p>The exemptions come as the province has allowed celebrity investor Kevin O\u2019Leary\u2019s $70-billion, 7.5-gigawatt AI data centre project <a href=\"https:\/\/www.cbc.ca\/news\/canada\/edmonton\/wonder-valley-data-centre-environmental-impact-assessment-9.7158526\" target=\"_blank\" rel=\"nofollow noopener\">Wonder Valley<\/a>, a proposal in northern Alberta, to bypass an environmental impact assessment.<\/p>\n<p>&#8220;What we&#8217;re seeing here is a new sector that&#8217;s very resource intensive \u2026 including with respect to electricity generation and water use,&#8221; said David Wright, associate professor in the faculty of law at the University of Calgary.<\/p>\n<p>\u201cAnd yet at that very time when this new sector comes along, you see governments actually stepping back from environmental assessment and kind of going on faith that all is going to go well.\u201d<\/p>\n<p>As first reported by The Albertan, a March 3 email from Alberta&#8217;s Ministry of Environment and Protected Areas&#8217; acting approvals program manager Karen Tomashavsky addressed to Synapse CEO Jason van Gaal stated the project does not require a provincial environmental impact assessment.<\/p>\n<p>The Synapse project, which would include a 1.4-gigawatt natural gas power plant, has received <a href=\"https:\/\/www.cbc.ca\/news\/canada\/calgary\/olds-ai-data-centre-9.7085902\" target=\"_blank\" rel=\"nofollow noopener\">backlash from nearby residents<\/a> for its proximity to their homes and how quickly it seems to be moving forward.<\/p>\n<p>The company\u2019s plan was initially <a href=\"https:\/\/www.cbc.ca\/news\/canada\/calgary\/olds-alberta-data-centre-complex-9.7117983\" target=\"_blank\" rel=\"nofollow noopener\">rejected<\/a> by the Alberta Utilities Commission due to \u201csignificant deficiencies\u201d in its application, but it has recently <a href=\"https:\/\/www.cbc.ca\/news\/canada\/calgary\/olds-data-centre-reapplied-9.7158499\" target=\"_blank\" rel=\"nofollow noopener\">reapplied<\/a> for approval.<\/p>\n<p>The province\u2019s decision said the Synapse project \u201cis not a mandatory activity for the purposes of environmental assessment,\u201d but a federal environmental assessment and other requirements may still apply.<\/p>\n<p><img decoding=\"async\" loading=\"lazy\" alt=\"A computer rendering of a low, long building sitting in the middle of a parking lot.\"   src=\"https:\/\/www.newsbeep.com\/ca\/wp-content\/uploads\/2026\/02\/1771124666_438_default.jpg\" style=\"aspect-ratio:1.778642936596218\" data-cy=\"image-img\"\/>A rendering of one data centre in Synapse&#8217;s proposed complex for Olds, Alta. (Synapse Data Center Inc.)<\/p>\n<p>But when asked about the decision, Ryan Fournier, a spokesperson for Environment and Protected Areas, said that &#8220;no data centre project has been allowed to bypass an environmental impact assessment. Data centres in Alberta must follow the same environmental rules and regulations as any other industrial applicant.&#8221;<\/p>\n<p>&#8220;Environmental impact assessments are determined through an established legal process under the Environmental Protection and Enhancement Act, and even where an EIA is not triggered, proponents must still obtain all required permits, provide detailed technical assessments on impacts to air, land, and water, and demonstrate the project can be built and operated safely before any project can proceed.&#8221;<\/p>\n<p>&#8216;No further assessment&#8217;<\/p>\n<p>The federal Impact Assessment Agency of Canada also <a href=\"https:\/\/iaac-aeic.gc.ca\/050\/evaluations\/document\/165286?culture=en-CA\" target=\"_blank\" rel=\"nofollow noopener\">decided on March 3<\/a> that the Mihta Askiy data centre project required &#8220;no further assessment.&#8221; <\/p>\n<p>That means the project will not have to provide an impact statement, which would have required the proponent to engage with Indigenous Peoples and the public, assess the impacts of the project, and identify &#8220;measures proposed to mitigate these effects.&#8221;<\/p>\n<p>In its notice of an early decision, the agency said \u201cthe potential adverse effects within federal jurisdiction \u2026 from the project would be limited or addressed through existing federal and provincial legislative and regulatory frameworks.\u201d Those would include the Migratory Birds Convention Act, the Fisheries Act, the Species at Risk Act, and the Alberta Environmental Protection and Enhancement Act, among others, the decision said.<\/p>\n<p>In an email to CBC News, the agency said its decision for the Mihta Askiy data centre was made prior to the Co-operation Agreement on Environmental and Impact Assessments for Alberta and Canada, which came into effect earlier this month.<\/p>\n<p><a href=\"https:\/\/www.cbc.ca\/news\/canada\/calgary\/alberta-ottawa-danielle-smith-mark-carney-project-assessment-9.7117659\" target=\"_blank\" rel=\"nofollow noopener\">The agreement<\/a>, intended to reduce duplication through a single assessment process, determined that when a proposed project is primarily within the province&#8217;s jurisdiction, Alberta will undertake the assessment, relying on its &#8220;environmental assessment or regulatory processes to assess the effects of the project.&#8221;<\/p>\n<p>WATCH | Wonder Valley exempted from provincial environmental impact assessment:<img decoding=\"async\" src=\"https:\/\/www.newsbeep.com\/ca\/wp-content\/uploads\/2026\/04\/1777218911_807_default.jpg\"  alt=\"\" class=\"thumbnail\" loading=\"lazy\"\/><\/p>\n<p class=\"video-item-title\">AI data centre in Alberta exempted from provincial environmental impact assessment<\/p>\n<p>Exemptions haven&#8217;t always been made for data centres in Alberta.\u00a0<\/p>\n<p>Montreal-based data centre operator eStruxture said in an emailed statement that each of <a href=\"https:\/\/www.cbc.ca\/news\/canada\/calgary\/data-centre-public-perception-alberta-9.6996740\" target=\"_blank\" rel=\"nofollow noopener\">its facilities in Alberta<\/a> have undergone environmental impact assessments. That includes its latest data centre, a 90-megawatt facility built to support AI workloads, scheduled to open later this year in the Calgary area.<\/p>\n<p>Data centres not yet defined in provincial legislation<\/p>\n<p>\u201cThe premise of environmental assessment is to look before you leap to understand the risks and potential costs before jumping into significant infrastructure and natural resources projects,\u201d said Wright.<\/p>\n<p>A fulsome environmental impact assessment at the outset of a project can also cover all of the assessment bases, he said, rather than relying on individual regulations to manage different aspects of the project.<\/p>\n<p>And, he added, &#8220;you can&#8217;t manage what you don&#8217;t measure.&#8221;<\/p>\n<p>But AI data centres are not currently defined under the province\u2019s Environmental Protection and Enhancement Act, which is the primary legislation through which it manages regulatory requirements for air, water, land and biodiversity.<\/p>\n<p>Instead, data centres are being treated as power plants would under the act, according to Darren Bourget, a regulatory assurance manager for the ministry, who spoke at an <a href=\"https:\/\/www.youtube.com\/live\/jhEWyvHgUFs?t=1980s\" target=\"_blank\" rel=\"nofollow noopener\">Olds town council meeting<\/a> on March 23.<\/p>\n<p>\u201cThe power plant itself is not going to be unusual for us and the backup emergency generation power isn&#8217;t going to be that unusual for us. So, I think we&#8217;ve got a pretty good grounding in that,\u201d he said.<\/p>\n<p>\u201cI will admit to folks I&#8217;m a bit of an old dog, so I don&#8217;t know what this AI stuff is really all about. I just want to go and play hockey.\u201d<\/p>\n<p>Bourget clarified that while he and his department are under the Ministry of Environment and Protected Areas, they are not involved in the decision-making process for which projects have to complete an environmental impact assessment.<\/p>\n<p>\u201cEssentially, an EIA is required where you know the complexity and the scale of a project and the technology, resource allocation considers some uncertainty about the exact nature of the environmental impacts,\u201d Bourget said.<\/p>\n<p>The act defines types of activities (such as an oil refinery) that must have an environmental assessment and others that are exempt from them.\u00a0Natural gas-fired power plants do not fall under \u201cmandatory activities\u201d in the legislation.<\/p>\n<p>\u201cEverything else is discretionary and this [the Synapse data centre project] falls into certainly that discretionary bucket,\u201d Bourget said. \u201cEssentially I would say \u2026 we view this project as a natural gas-fired power plant.\u201d<\/p>\n<p>But Wright said the power plants being proposed alongside the data centre projects are all quite sizable \u2014 the scale that \u201cnormally triggers application of federal and provincial environmental assessment regimes.\u201d<\/p>\n<p>\u201cThat component alone would justify environmental assessment. But given that these are large, broader projects with even more potential adverse impacts, there&#8217;s even more reason to go forward with a comprehensive environmental assessment,\u201d Wright said.<\/p>\n<p>&#8216;I wouldn&#8217;t choose to live that close,&#8217; says minister<\/p>\n<p>Technology and Innovation Minister Nate Glubish and Olds-Didsbury-Three Hills MLA Tara Sawyer attended a town hall on the topic of data centres and Alberta&#8217;s digital future on April 7.<\/p>\n<p>In a recording of the event provided to CBC News by a resident who attended the town hall and confirmed by the minister&#8217;s office, Glubish said \u201cI wouldn&#8217;t choose to live that close\u201d to the Synapse project, in response to a resident\u2019s question.<\/p>\n<p><img decoding=\"async\" loading=\"lazy\" alt=\"Technology and Innovation Minister Nate Glubish and Olds-Didsbury-Three Hills MLA Tara Sawyer attended a town hall on the topic of data centres and Alberta's digital future on April 7.\"   src=\"https:\/\/www.newsbeep.com\/ca\/wp-content\/uploads\/2026\/04\/1777218911_444_default.jpg\" style=\"aspect-ratio:1.7066666666666668\" data-cy=\"image-img\"\/>Technology and Innovation Minister Nate Glubish and Olds-Didsbury-Three Hills MLA Tara Sawyer attended a town hall on the topic of data centres and Alberta&#8217;s digital future on April 7. (Nate Glubish\/X)<\/p>\n<p>Several Olds residents who oppose the development attended the event, including Bek MacIntosh.<\/p>\n<p>She told CBC News she\u2019s concerned data centres are not defined in provincial legislation and that this particular project is allowed to bypass a provincial environmental impact assessment.<\/p>\n<p>\u201cThe major components that come with [the project] have emissions pollutants. Sound impact is going to be a huge one, and at this point in time, the regulatory process does not have anything in regards to human health assessments,\u201d she said.<\/p>\n<p>\u201cWhile natural gas is something that they understand, there&#8217;s a reason those don&#8217;t go beside homes. Nobody places natural gas plants beside homes. But every data centre of significance is going to require a gas plant as a component.&#8221;<\/p>\n<p><img decoding=\"async\" loading=\"lazy\" alt=\"A blonde woman taking a selfie with a concerned face, while holding her daughter's dog stuffed animal.\"   src=\"https:\/\/www.newsbeep.com\/ca\/wp-content\/uploads\/2026\/04\/1777218912_540_default.jpg\" style=\"aspect-ratio:0.75\" data-cy=\"image-img\"\/>Bek MacIntosh attended the province&#8217;s data centre town hall with her daughter&#8217;s stuffed animal. (Submitted by Bek MacIntosh)<\/p>\n<p>\u201cThe difficulty with that is we need to make sure we&#8217;re prioritizing human health if we&#8217;re going to be putting them near communities,&#8221; said MacIntosh.<\/p>\n<p>At the town hall, Glubish said he wants to &#8220;get the regulatory environment right&#8221; so that data centres can be developed responsibly.<\/p>\n<p>The Synapse project in Olds will still need approvals, including from the Alberta Utilities Commission, to move forward with development.<\/p>\n","protected":false},"excerpt":{"rendered":"Two more data centre projects in Alberta are not being required to complete formal impact assessments, which would&hellip;\n","protected":false},"author":2,"featured_media":475691,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[22],"tags":[49,48,295,66],"class_list":{"0":"post-630084","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-environment","8":"tag-ca","9":"tag-canada","10":"tag-environment","11":"tag-science"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/630084","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/comments?post=630084"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/630084\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media\/475691"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media?parent=630084"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/categories?post=630084"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/tags?post=630084"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}