Westmoreland Coal Company v. Government of Canada (2022)


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


Canada-United-States-Mexico Agreement (CUSMA)

North American Free Trade Agreement (NAFTA)


  • CUSMA, Annex 14-C
  • NAFTA, 1102 (National Treatment)
  • NAFTA, 1105 (Minimum Standard of Treatment)
  • NAFTA, 1110 (Expropriation and Compensation)

Damages claimed

The Claimant did not specify the amount of damages claimed.


Active. Canada received the Notice of Arbitration (NOA) on October 14, 2022.

Arbitration rules



Procedural history

On June 30, 2022, Canada received a Notice of Intent to Submit a Claim to Arbitration (NOI) from Westmoreland Coal Company. On October 14, 2022, Westmoreland Coal Company filed its NOA, commencing the arbitration process pursuant to CUSMA Annex 14-C and the NAFTA. The Tribunal was constituted on March 14, 2023. On May 8, 2023, the Tribunal issued Procedural Order No. 1 (concerning procedural matters) and Procedural Order No. 2 (concerning confidentiality).

Factual overview and nature of the claim

Westmoreland Coal Company alleges that the Province of Alberta’s 2015 Climate Leadership Plan (CLP), which sought to phase out all emissions from coal-fired electricity generation by 2030, reduced the lifespan of Westmoreland Coal Company’s mines in Alberta and treated Westmoreland Coal Company unfairly.

Westmoreland Coal Company further alleges 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 Coal Company for its coal mine assets.

Westmoreland Coal Company also alleges that Alberta’s above-mentioned measures, combined with carbon pricing regulations enacted by Alberta and the federal government, deprived it of the value of the mines, constituting a violation of the expropriation obligation.

Legal documents

This case is governed by the arbitral rules of the United Nations Commission on International Trade Law. Documents related to this case can be viewed at the website of the International Centre for Settlement of Investment Disputes.  

Copies of all legal documents posted have been prepared in a language of operation of the Tribunal or Court in question. The Government of Canada has not modified or changed them in any way. As such they have not been translated from the original.

The Government of Canada is not responsible for the accuracy, reliability or currency of the information supplied by external sources. Users wishing to rely upon this information should consult directly with the source of the information. Content provided by external sources is not subject to official languages, privacy and accessibility requirements.