NAFTA - Chapter 11 - Investment

Cases filed against the Government of Canada

Westmoreland Coal Company v. Government of Canada

Claimant

Westmoreland Coal Company is a company that was incorporated in the State of Delaware in the United States. It owned Prairie Mines & Royalty ULC, which is incorporated in Alberta and owned and operated coal mines in Alberta.

Articles

• 1102 (National Treatment)
• 1105 (Minimum Standard of Treatment)

Damages claimed

At least $470 million CAD

Status

Inactive. Canada received the Notice of Arbitration (NOA) on November 19, 2018. Westmoreland Coal Company withdrew its NOA on July 23, 2019.

Arbitration rules

UNCITRAL

Summary

Procedural history

On August 20, 2018, Westmoreland Coal Company submitted a Notice of Intent to Submit a Claim to Arbitration (NOI). On November 19, 2018, Westmoreland Coal Company filed its NOA, commencing the NAFTA arbitration process. Westmoreland Coal Company withdrew its NOA on July 23, 2019. On August 12, 2019, a different legal entity, Westmoreland Mining Holdings LLC, submitted an NOA.

Factual overview and nature of the claim

Westmoreland alleged that the Province of Alberta’s Climate Leadership Plan (CLP), which sought to phase out all electricity generated from coal by 2030, reduced the lifespan of Westmoreland’s mines in Alberta and treated Westmoreland unfairly.

Westmoreland further alleged that Alberta has treated it unfairly and in a discriminatory manner by providing transition payments to three coal-fired generating unit owners impacted by the CLP, and not providing such a payment to Westmoreland for its coal mine assets.

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