Keith WilsonKeith Wilson,, B.A., B.A., LL.BLL.B..

Wilson Law OfficeWilson Law Office

January - 2010 January - 2010

New Legislation Impacting Landowner New Legislation Impacting Landowner & Business Rights & Business Rights •Bill 50 – Bill 50 – Electric Statutes Amendment Act Electric Statutes Amendment Act

•Bill 19 – Bill 19 – Land Assembly Project Area Act Land Assembly Project Area Act • authorizes the Provincial Cabinet to freeze land for authorizes the Provincial Cabinet to freeze land for extended periods of time – restricts compensation extended periods of time – restricts compensation

•Bill 36 – New Alberta Land Stewardship Act Bill 36 – New Alberta Land Stewardship Act • new powers for Provincial Cabinet to extinguish existing new powers for Provincial Cabinet to extinguish existing rights (land titles, freehold mineral titles, development rights (land titles, freehold mineral titles, development permits, etc)permits, etc)

• new central-planning by Cabinet that trumps local new central-planning by Cabinet that trumps local municipalities and other agenciesmunicipalities and other agencies

•Bill 24 – Bill 24 – Carbon Capture and Sequestration Act Carbon Capture and Sequestration Act • government expropriates an element of land rightsgovernment expropriates an element of land rights

Prior to Bill 50 – Electric Utilities Prior to Bill 50 – Electric Utilities Statutes Amendment Act Statutes Amendment Act

•Prior to Bill 50, the AUC process provided due Prior to Bill 50, the AUC process provided due process to ensure that only lines that are truly needed process to ensure that only lines that are truly needed would burden landowners and ratepayers would burden landowners and ratepayers

• The Alberta Electric System Operator (AESO) and The Alberta Electric System Operator (AESO) and the utility company were required to appear at a public the utility company were required to appear at a public hearing to prove that the line is needed hearing to prove that the line is needed

• AESO and the utility company’s claims of need would AESO and the utility company’s claims of need would be tested and their witnesses cross-examined be tested and their witnesses cross-examined

What does Bill 50 do? What does Bill 50 do?

• Legally, Bill 50 moves the decision on “need” from Legally, Bill 50 moves the decision on “need” from the AUC public hearing room to the private Cabinet the AUC public hearing room to the private Cabinet roomroom

• Bill 50 attempts to shift decisions on need from Bill 50 attempts to shift decisions on need from being ‘regulatory’ decisions, into ‘political’ decisionsbeing ‘regulatory’ decisions, into ‘political’ decisions

• Bill 50 means that instead of going to the AUC to Bill 50 means that instead of going to the AUC to argue ‘need’, you are now required to go to your argue ‘need’, you are now required to go to your provincial politicians provincial politicians

• No other province, no US state, and no other No other province, no US state, and no other developed country has done what Bill 50 does developed country has done what Bill 50 does

Why is Bill 50 problematic? Why is Bill 50 problematic?

• it removes the checks and balances – creates it removes the checks and balances – creates opportunities for abuse and unneeded projects being opportunities for abuse and unneeded projects being built at taxpayer expense built at taxpayer expense

• $16.5 Billion in new transmission lines have been $16.5 Billion in new transmission lines have been approved by the Cabinet without any hearings on approved by the Cabinet without any hearings on whether the lines are even needed and no cost whether the lines are even needed and no cost controls controls

What can be done to stop the Bill 50 What can be done to stop the Bill 50 lines? lines? • convince the MLAs to stop and rethink Bill 50 – convince the MLAs to stop and rethink Bill 50 – repeal itrepeal it

• Participate in the AUC hearing: Participate in the AUC hearing:

• convince the AUC to turn down the Bill 50 lines convince the AUC to turn down the Bill 50 lines on the grounds that the proposed line is on the grounds that the proposed line is not in the not in the public interestpublic interest given its economic and social costs given its economic and social costs

What can be done to stop the Bill 50 What can be done to stop the Bill 50 lines? lines?

Section 17 of the Alberta Utilities Act states: Public interest17(1)  Where the Commission conducts a hearing on an application to construct or operate a transmission line under the Hydro and Electric Energy Act, it shall, in addition to any other matters it may or must consider in conducting the hearing, give consideration to whether construction or operation of the proposed transmission line is in the public interest, having regard to the social and economic effects of the line and the effects of the line on the environment.

Expropriation Principles – Expropriation Principles – Expropriation Act Expropriation Act

• if your land is needed for a bona fide public purpose, the landowner/business owner should be made whole

• providing a service to other Albertans – should be treated with respect and not out of pocket in any respect

• Expropriation Act sets out compensation principles and processes to ensure fairness and equal bargaining position

Expropriation Act – Compensation Principles Expropriation Act – Compensation Principles

Bill 19 – Land Assembly Project Area Act Bill 19 – Land Assembly Project Area Act

• allows the Alberta Government to freeze large tracts of private land for potential future use as roads, electricity transmission lines, pipeline or utility corridors

• Order prevents you from making changes or improvements to your property without getting permission from the Minister of Infrastructure, Ray Danaluk

• typical freeze is for 30 years or more but can be indefinite – no time limit for the freeze

• Cabinet order is filed against your land title and served on your bank and other interest holders

Bill 19 – Land Assembly Project Area Act Bill 19 – Land Assembly Project Area Act

• Step 1 – notice and consultation – max. 2 years

• Step 2 – Cabinet places Project Area Order on your land – indefinite time period

• Step 3 – Cabinet decides that it will be using your land for the public project – triggers right to buy out at market value only: Expropriation Act principles do not apply

Land Use Planning Before Bill 36 Land Use Planning Before Bill 36 • locally elected municipal councils make decisions locally elected municipal councils make decisions on land use planningon land use planning

• based on the idea that:based on the idea that:

• local people most affected will make better local people most affected will make better decisions using local knowledge decisions using local knowledge

• better access to decision makers – greater better access to decision makers – greater accountability accountability

• Municipal Government Act – mandatory public notice Municipal Government Act – mandatory public notice & public involvement in municipal development plans & public involvement in municipal development plans & land use bylaws& land use bylaws

Bill 36 – Minister Morton Bill 36 – Minister Morton New Alberta Land Stewardship Act New Alberta Land Stewardship Act • new centralized model for land use, economic, new centralized model for land use, economic, environmental, and social decision-making environmental, and social decision-making developed by Minister Ted Morton developed by Minister Ted Morton

• Cabinet will approve regional plans that establish:Cabinet will approve regional plans that establish:

(1)(1)the Cabinet’s “economic, environmental and social the Cabinet’s “economic, environmental and social objectives”objectives”

(2)(2)the Cabinet’s plan for activities on all private and public the Cabinet’s plan for activities on all private and public land for the next 5 years – 5 year plans land for the next 5 years – 5 year plans

(3)(3) the Cabinet’s policies for sustainable development the Cabinet’s policies for sustainable development ““by by taking account of and responding to the cumulative effect of taking account of and responding to the cumulative effect of human endeavour and other eventshuman endeavour and other events””

Bill 36 – Minister Morton Bill 36 – Minister Morton New Alberta Land Stewardship Act – New New Alberta Land Stewardship Act – New Powers Powers Sec. 11Sec. 11 - - Cabinet’s regional plans can amend or “extinguish” Cabinet’s regional plans can amend or “extinguish” existing rights, including property rights, development rights, existing rights, including property rights, development rights, resource extraction rights, mining rights, water licenses, resource extraction rights, mining rights, water licenses, grazing leases, and any dispositions, approvals or permits grazing leases, and any dispositions, approvals or permits issued by the Alberta Government issued by the Alberta Government

Sec. 19 Sec. 19 - no right to compensation if government approvals, land - no right to compensation if government approvals, land titles, development permits, subdivision approvals, mineral titles, development permits, subdivision approvals, mineral leases, water licences, etc are amended or extinguished leases, water licences, etc are amended or extinguished

Sec. 13 Sec. 13 - no right to appeal- no right to appeal

Sec. 15(1) - Sec. 15(1) - binding on municipalities and all Albertans binding on municipalities and all Albertans

Sec. 15(3) Sec. 15(3) - no right to make claim against government- no right to make claim against government

Sec. 15(4) Sec. 15(4) - role and authority of Courts removed by the Act- role and authority of Courts removed by the Act

1(aa) “1(aa) “statutory consentstatutory consent” means a permit, ” means a permit, licencelicence, registration, , registration, approval, authorization, approval, authorization, dispositiondisposition, certificate, allocation, agreement , certificate, allocation, agreement or or instrumentinstrument issued under or authorized by an enactment issued under or authorized by an enactment or or regulatory instrument;regulatory instrument;

11(1)11(1)  For the purpose of achieving or maintaining an objective   For the purpose of achieving or maintaining an objective or a policy of a regional plan, a regional plan may, by express or a policy of a regional plan, a regional plan may, by express reference to a statutory consent or type or class of statutory reference to a statutory consent or type or class of statutory consent, affect, amend or consent, affect, amend or extinguish the statutory consent extinguish the statutory consent or the or the terms or conditions of the statutory consent.terms or conditions of the statutory consent.

New Alberta Land Stewardship Act New Alberta Land Stewardship Act – – Extinguish Rights? Extinguish Rights?

New Alberta Land Stewardship Act New Alberta Land Stewardship Act – What Types of – What Types of Statutory Consents can be ExtinguishedStatutory Consents can be Extinguished? ?

Land Titles ActLand Titles Act1(k)1(k) ““instrumentinstrument” means” means

(i)(i) a a grantgrant, , certificate of titlecertificate of title, , conveyanceconveyance, assurance, , assurance, deeddeed, map, plan, will, probate or exemplification of will, letters of , map, plan, will, probate or exemplification of will, letters of administration, or an exemplification of letters of administration, administration, or an exemplification of letters of administration, mortgage or encumbrance,mortgage or encumbrance,

(ii)(ii) a judgment or order of a court,a judgment or order of a court,(iv)(iv) any other document any other document in writing relating to or affecting in writing relating to or affecting

the transfer of or dealing with land or the transfer of or dealing with land or evidencing title to landevidencing title to land;;

Cabinet’s regional plans can extinguish land titles & freehold Cabinet’s regional plans can extinguish land titles & freehold mineral titlesmineral titles

1(aa) “1(aa) “statutory consentstatutory consent” means a permit, ” means a permit, licencelicence, registration, , registration, approval, authorization, approval, authorization, dispositiondisposition, certificate, allocation, agreement , certificate, allocation, agreement or or instrumentinstrument issued under or authorized by an enactment issued under or authorized by an enactment or or regulatory instrument;regulatory instrument;

11(1)11(1)  For the purpose of achieving or maintaining an objective   For the purpose of achieving or maintaining an objective or a policy of a regional plan, or a policy of a regional plan, a regional plan maya regional plan may, by express , by express reference to a statutory consent or type or class of statutory reference to a statutory consent or type or class of statutory

consent, affect, amend or consent, affect, amend or extinguish the statutory consent extinguish the statutory consent or the terms or conditions of the statutory consent.or the terms or conditions of the statutory consent.

New Alberta Land Stewardship Act New Alberta Land Stewardship Act – – Extinguish Rights? Extinguish Rights?

New Alberta Land Stewardship Act New Alberta Land Stewardship Act – – Extinguish Rights? Extinguish Rights? MLA George Rogers, Jan 13, 2011 -- Landowners concerned about legislationMy office has been contacted by a number of landowners concerned about the impact of recently passed Bills 19, 36 and 50. Here's a summary response to some of the major concerns; for more detailed information, please contact our office.

Issue: It's been suggested that the Alberta Land Stewardship Act (Bill 36) extinguishes the rights of Albertans granted under other Acts.Answer: This is a false assumption, as many of the rights granted under the other Acts are unaffected by the Alberta Land Stewardship Act, and in some cases, are actually strengthens the protection through this Act.Issue: It's been suggested that Section 19 of the Alberta Land Stewardship Act states that no person has a right to compensation if a water licence, NRCB approval, land title, development permit, subdivision approval are amended or extinguished.Answer: This Bill upholds compensation provisions under all existing legislation.

New Alberta Land Stewardship Act – What New Alberta Land Stewardship Act – What Lawyers and Others are saying . . . . Lawyers and Others are saying . . . .

New Alberta Land Stewardship Act – What New Alberta Land Stewardship Act – What Lawyers and Others are saying . . . . Lawyers and Others are saying . . . .

New Alberta Land Stewardship Act – What New Alberta Land Stewardship Act – What Lawyers and Others are saying . . . . Lawyers and Others are saying . . . .

New Alberta Land Stewardship Act – Binding on New Alberta Land Stewardship Act – Binding on Everyone Everyone

Binding nature of regional plansBinding nature of regional plans15(1)15(1)  Except to the extent that a regional plan provides   Except to the extent that a regional plan provides otherwise, otherwise, a regional plan bindsa regional plan binds

(a)(a) the Crown, the Crown, (b)(b) local government bodies,local government bodies,(c)(c) decision‑makers, anddecision‑makers, and(d)(d) all other persons.all other persons.

New Alberta Land Stewardship Act – New Alberta Land Stewardship Act – No Compensation if Rights Extinguished No Compensation if Rights Extinguished

Compensation limitedCompensation limited

1919      No person has a right to compensation No person has a right to compensation by reason by reason

of this Actof this Act, a regulation under this Act, , a regulation under this Act, a regional plan a regional plan

or anything done in or under a regional planor anything done in or under a regional plan . . .. . .

New Alberta Land Stewardship Act – New Alberta Land Stewardship Act – No Appeal No Appeal

Legal nature of regional plansLegal nature of regional plans13(1)13(1)  A regional plan is an expression of the public policy of   A regional plan is an expression of the public policy of the Government and therefore the Lieutenant Governor in the Government and therefore the Lieutenant Governor in Council has Council has exclusive and final jurisdiction over its contentsexclusive and final jurisdiction over its contents..

New Alberta Land Stewardship Act – New Alberta Land Stewardship Act – No Right to Sue Government for Damages No Right to Sue Government for Damages

15(3)15(3)  Subject to subsection (5), subsection (1) [a regional plan] does   Subject to subsection (5), subsection (1) [a regional plan] does notnot

(a)(a) create or provide create or provide any person with a cause of action any person with a cause of action or a right or ability to bring an application or proceeding in or before or a right or ability to bring an application or proceeding in or before any court or in or before a decision‑maker,any court or in or before a decision‑maker,

(b)(b) create any claim exercisable by any personcreate any claim exercisable by any person, or, or(c)(c) confer jurisdiction on any court or decision‑maker to confer jurisdiction on any court or decision‑maker to

grant relief in respect of any claim.grant relief in respect of any claim.

New Alberta Land Stewardship Act – New Alberta Land Stewardship Act – Removes Role of the Courts to Protect Citizens’ Removes Role of the Courts to Protect Citizens’ Rights Rights

15(4)15(4)  For the purposes of subsection (3), a claim includes any right,   For the purposes of subsection (3), a claim includes any right, application, proceeding or application, proceeding or request to a court for relief of any request to a court for relief of any nature whatsoever nature whatsoever and includes, without limitation,and includes, without limitation,

(a)(a) any cause of action in law or equity,any cause of action in law or equity,(b)(b) any proceeding in the nature of certiorari, prohibition any proceeding in the nature of certiorari, prohibition

or mandamus, andor mandamus, and(c)(c) any application for a stay, injunctive relief or any application for a stay, injunctive relief or

declaratory relief.declaratory relief.

New Alberta Land Stewardship Act – Power, New Alberta Land Stewardship Act – Power, Power and More Power Power and More Power Implementing regional plansImplementing regional plans9(2)9(2)  Without limiting subsection (1),   Without limiting subsection (1), a regional plan maya regional plan may

(c)(c) whether or not another enactment deals with the same, similar or associated whether or not another enactment deals with the same, similar or associated matters, matters, makemake, as part of the regional plan, , as part of the regional plan, lawlaw on any matter within the on any matter within the legislative authority of the Legislature legislative authority of the Legislature that is designed to advance or implement, that is designed to advance or implement, or to both advance and implement, the purposes of this Act;or to both advance and implement, the purposes of this Act;

(e)(e) manage whatever manage whatever is necessary to achieve or maintain an objective or policy, is necessary to achieve or maintain an objective or policy, including managing all or part of the including managing all or part of the cause of an effect or those matters that cause of an effect or those matters that affect or that might affect the affect or that might affect the economyeconomy, , social objectivessocial objectives, the , the environment, , human health or safety, a species or any element of any of them;human health or safety, a species or any element of any of them;

(f)(f) with respect to a planning region, with respect to a planning region, make, as part of the regional plan, law about make, as part of the regional plan, law about matters matters in respect of which in respect of which a local government body a local government body may enact a regulatory may enact a regulatory instrument;instrument;

New Alberta Land Stewardship Act – Power, New Alberta Land Stewardship Act – Power, Power and More Power Power and More Power

Implementing regional plansImplementing regional plans9(2)9(2)  Without limiting subsection (1),   Without limiting subsection (1), a regional plan maya regional plan may

(g)(g) manage the surface or subsurface of land manage the surface or subsurface of land and any natural and any natural resource;resource;

(m)(m) definedefine, for the purposes of a regional plan, , for the purposes of a regional plan, any term in this any term in this ActAct in a manner that is not inconsistent with this Act; in a manner that is not inconsistent with this Act;

New Alberta Land Stewardship Act – Powers Over New Alberta Land Stewardship Act – Powers Over Municipalities Municipalities Measures to ensure compliance with ALSA regional plans Measures to ensure compliance with ALSA regional plans

570.01(1) 570.01(1) If the Minister considers that a municipal authorityIf the Minister considers that a municipal authority or regional or regional services commission services commission has not complied with an ALSA regional planhas not complied with an ALSA regional plan, the , the Minister may take any necessary measures to ensure that the municipal Minister may take any necessary measures to ensure that the municipal authorityauthority ororregional services commission, as the case may be, regional services commission, as the case may be, compliescomplies with the ALSA with the ALSA regional plan.regional plan.

(2) (2) In subsection (1), all necessary measures includes, without limitation, an order In subsection (1), all necessary measures includes, without limitation, an order by the Minister (a) by the Minister (a) suspending the authority of a council to make bylaws suspending the authority of a council to make bylaws in in respect of any matter specified in the order;respect of any matter specified in the order;

(b) (b) exercising bylaw-making authority exercising bylaw-making authority in respect of all or any of the matters for in respect of all or any of the matters for which bylaw-making authority is suspended under clause (a); which bylaw-making authority is suspended under clause (a);

(d) (d) withholding money otherwise payable by the Government to the municipal withholding money otherwise payable by the Government to the municipal authority authority or regional services commission pending compliance with an or regional services commission pending compliance with an order of order of the Minister;the Minister;

New Alberta Land Stewardship Act – Powers Over New Alberta Land Stewardship Act – Powers Over Municipalities Municipalities Government says its really not taking powers away from municipalitiesGovernment says its really not taking powers away from municipalities—they say ”government is only telling municipalities that they will —they say ”government is only telling municipalities that they will have to align their land use and planning documents to with the have to align their land use and planning documents to with the Cabinet's requests” Cabinet's requests”

Reality is that the Cabinet:Reality is that the Cabinet:• can impose its will over the wishes the local community;can impose its will over the wishes the local community;• reverse past decisions of the local community;reverse past decisions of the local community;• create uncertainty and economic impacts for existing create uncertainty and economic impacts for existing landowners, farms, and businesses;landowners, farms, and businesses;• ignore the wishes of the local community;ignore the wishes of the local community;

The fundamental premise of Bill 36 offends the principle that locally The fundamental premise of Bill 36 offends the principle that locally affected people are better positioned to make local decisions.affected people are better positioned to make local decisions.

Locally elected officials are more accessible and accountable than Locally elected officials are more accessible and accountable than Cabinet Cabinet

New Alberta Land Stewardship Act – New Alberta Land Stewardship Act – Morton’s Morton’s Explanation Explanation

New Alberta Land Stewardship Act New Alberta Land Stewardship Act What about the Regional Advisories Council? What about the Regional Advisories Council?

Regional Advisory Council = RAC Regional Advisory Council = RAC

New Alberta Land Stewardship Act New Alberta Land Stewardship Act Regional Advisories Committees Powerless – Regional Advisories Committees Powerless – Cabinet Decides Everything Cabinet Decides Everything

Lieutenant Governor in Council not constrainedLieutenant Governor in Council not constrained5(1)5(1)    A regional plan may be made or amended whether or notA regional plan may be made or amended whether or not

(a)(a) a regional advisory council has been appointed a regional advisory council has been appointed for a for a planning region to which a regional plan or an amendment to a planning region to which a regional plan or an amendment to a regional plan applies;regional plan applies;

(b)(b) a regional advisory council or other person has a regional advisory council or other person has provided advice about a proposed regional plan or an amendment provided advice about a proposed regional plan or an amendment to a regional plan and to a regional plan and irrespective of the advice given and irrespective of the advice given and irrespective of whether or not the advice was considered or irrespective of whether or not the advice was considered or followedfollowed;;

New Alberta Land Stewardship Act New Alberta Land Stewardship Act

Regional Advisories Committees Powerless Regional Advisories Committees Powerless – – Cabinet Decides Everything Cabinet Decides Everything

Cabinet decides:Cabinet decides:• if there is going to be a RAC;if there is going to be a RAC;• who will be on it;who will be on it;

• what the terms of reference will be;what the terms of reference will be;

• does not have to even appoint a RAC;does not have to even appoint a RAC;

• does not have to follow the RAC’s advice;does not have to follow the RAC’s advice;• does not even have to read or consider the does not even have to read or consider the RAC’s report. RAC’s report.

New Alberta Land Stewardship Act New Alberta Land Stewardship Act Trumps All Other Acts – Paramountcy Trumps All Other Acts – Paramountcy

Resolution of conflicting provisions17(4)  If there is a conflict or inconsistency between this Act and any other enactment, this Act prevails.

Bill 36 – Minister Morton Bill 36 – Minister Morton New Alberta Land Stewardship Act – Summary New Alberta Land Stewardship Act – Summary

• Cabinet now has the power to extinguish existing rights including water licences, land titles, mineral titles, grazing leases, development permits or any other form of permission granted by government;

• assigns the Cabinet the role of central planner for all regions of Alberta – over-rides local planning decisions;

• removes rights to compensation

• role of Courts to protect property and individual-business rights removed by the Act

New Alberta Land Stewardship ActNew Alberta Land Stewardship ActMorris Seiferling, Assistant Deputy Minister SRD Morris Seiferling, Assistant Deputy Minister SRD

New Alberta Land Stewardship Act – New Alberta Land Stewardship Act – No Compensation if Rights Extinguished No Compensation if Rights Extinguished

Compensation limited19   No person has a right to compensation by reason of this Act, a regulation under this Act, a regional plan or anything done in or under a regional plan except either (a) as expressly provided for under Part 3, Division 3, or(b) as provided for under another enactment.

New Alberta Land Stewardship Act – New Alberta Land Stewardship Act – Conservation Directives Conservation Directives

Part 3 - Division 3Part 3 - Division 3Conservation Directives Conservation Directives

3636 Right to compensationRight to compensation3737 Conservation directives Conservation directives 3838 Notice to title holdersNotice to title holders3939 Right to compensation for a conservation directive Right to compensation for a conservation directive 4040 Crown pays compensationCrown pays compensation4141 Compensation Board to resolve disputes Compensation Board to resolve disputes 4242 AppealAppeal4343 Conservation directive regulations Conservation directive regulations 4444 Municipal authority unaffectedMunicipal authority unaffected

New Alberta Land Stewardship Act – New Alberta Land Stewardship Act – Conservation Directives (ss. 36 to 44)Conservation Directives (ss. 36 to 44)

Cabinet can impose restrictions on land through a Cabinet can impose restrictions on land through a Conservation Directive – compensation is payableConservation Directive – compensation is payable

- Only applies to restrictions imposed on land owner or a Only applies to restrictions imposed on land owner or a land lessee land lessee - Conservation Directive cannot be used to restrict a water Conservation Directive cannot be used to restrict a water licence, a Crown mineral lease, among other rights – no licence, a Crown mineral lease, among other rights – no compensation entitlement compensation entitlement

New Alberta Land Stewardship Act – New Alberta Land Stewardship Act – No Compensation if Rights Extinguished No Compensation if Rights Extinguished

Compensation limitedCompensation limited1919      No person has a right to compensation by reason No person has a right to compensation by reason of this Actof this Act, a regulation under this Act, , a regulation under this Act, a regional plan a regional plan or anything done in or under a regional plan except or anything done in or under a regional plan except either either (a)(a) as expressly provided for under Part 3, Division 3, as expressly provided for under Part 3, Division 3, oror(b)(b) as provided for under another enactment.as provided for under another enactment.

New Alberta Land Stewardship Act – New Alberta Land Stewardship Act – ALSA Doesn’t Trigger Rights under other ActsALSA Doesn’t Trigger Rights under other Acts

Water Act Water Act Example:Example:

- Director at Alberta Environment can cancel or - Director at Alberta Environment can cancel or suspend a water licence in a narrow set of suspend a water licence in a narrow set of circumstances – if he does, compensation is payable circumstances – if he does, compensation is payable

- Compensation is only payable where the “Director” - Compensation is only payable where the “Director” at Alberta Environment ‘cancels’ your licence – no at Alberta Environment ‘cancels’ your licence – no compensation is triggered under the compensation is triggered under the Water Act Water Act when when Cabinet uses its s. 11 ALSA extinguishment powers Cabinet uses its s. 11 ALSA extinguishment powers

New Alberta Land Stewardship Act – New Alberta Land Stewardship Act – ALSA Doesn’t Trigger Rights under other ActsALSA Doesn’t Trigger Rights under other Acts

Land Titles Act Land Titles Act Example:Example:

- the only compensation payable under the the only compensation payable under the Land Titles Land Titles ActAct arises when the Registrar makes a mistake on a arises when the Registrar makes a mistake on a title – claims can be made to an Assurance Fund title – claims can be made to an Assurance Fund

- no compensation is triggered under the no compensation is triggered under the Land Titles Land Titles Act Act when Cabinet uses its s. 11 ALSA extinguishment when Cabinet uses its s. 11 ALSA extinguishment powers powers

New Alberta Land Stewardship Act – New Alberta Land Stewardship Act – ALSA Doesn’t Trigger Compensation Rights under ALSA Doesn’t Trigger Compensation Rights under other Actsother Acts

Mines and Minerals ActMines and Minerals Act-Minister of Energy can ‘cancel’ mineral leases in a Minister of Energy can ‘cancel’ mineral leases in a variety of situationsvariety of situations

- compensation is payable under the compensation is payable under the Mineral Rights Mineral Rights Compensation Regulation Compensation Regulation

- however, compensation is only payable where the - however, compensation is only payable where the Minister of Energy ‘cancels’ the mineral lease under the Minister of Energy ‘cancels’ the mineral lease under the Mines and Minerals Act Mines and Minerals Act – no compensation is triggered – no compensation is triggered under the under the Mines and Minerals ActMines and Minerals Act when Cabinet uses its s. when Cabinet uses its s. 11 ALSA extinguishment powers 11 ALSA extinguishment powers

New Alberta Land Stewardship Act – Cabinet New Alberta Land Stewardship Act – Cabinet Tools Tools Section 11 Powers v. Conservation Directives Section 11 Powers v. Conservation Directives

New Alberta Land Stewardship Act – Cabinet New Alberta Land Stewardship Act – Cabinet Tools Tools Section 11 Powers and s. 11(2) Provisions Section 11 Powers and s. 11(2) Provisions

(2)(2)  Before a regional plan includes a provision described   Before a regional plan includes a provision described in subsection (1), a Designated Minister mustin subsection (1), a Designated Minister must

(a)(a) give reasonable notice give reasonable notice to the holder of the statutory to the holder of the statutory consent of the objective or policy in the regional plan that the consent of the objective or policy in the regional plan that the express reference under subsection (1) is intended to achieve or express reference under subsection (1) is intended to achieve or maintain, andmaintain, and

(b)(b) provide an opportunity for the consent holder to provide an opportunity for the consent holder to propose an alternative means or measures of achieving or propose an alternative means or measures of achieving or maintaining the policy or objective without an express reference maintaining the policy or objective without an express reference referred to in subsection (1), including, if appropriate, within a referred to in subsection (1), including, if appropriate, within a regulatory negotiation process referred to in section 9(2)(j).regulatory negotiation process referred to in section 9(2)(j).

New Alberta Land Stewardship ActNew Alberta Land Stewardship ActWhat is the Government is saying now . . . What is the Government is saying now . . .

New Alberta Land Stewardship ActNew Alberta Land Stewardship ActWhat about the Charter of Rights and Freedoms? What about the Charter of Rights and Freedoms?

New Alberta Land Stewardship ActNew Alberta Land Stewardship ActHow Could this happen in Canada and Alberta? How Could this happen in Canada and Alberta? Constitution Act 1867 – sec. 92(13) – property and civil rights –provincial jurisdiction

• Land Titles Act – instruments, land titles • Water Act – water licenses• Municipal Govt Act – development permits,

• Public Lands Act – grazing leases

• all provincial governments have included protections in their laws so that citizen’s property cannot be taken arbitrarily, compensation must be paid, and provide protections through the Courts – no longer true for Alberta

Dr. Morton: Section 11 allows a regional plan to alter or amenda statutory consent. This authority is considered necessary to allow regional plans to achieve their mandate to manage the cumulative effects.

In part 2 section 15 of the bill sets out the effect of a regional plan on the provincial government, its boards and agencies and local governments and authorities. It makes it clear that the regional plans are binding unless otherwise provided. The regional plans have the legal status of regulations and in case of conflicts with other regulations take precedence.Sections 15(3) and (4) make it clear that regional plans do not create any new cause of legal actions in our courts of law except for the commissioner under section 18. (May27, 2009)

Government’s Own Description of Its New Powers

Mr. Hehr: There are some things that concern me in this bill as well. They were brought up by members earlier. Primarily it’s again with the concentration of power, that this bill seems to put all the decision making power into the

hands of the cabinet, with no recourse to courts or other appeal mechanisms that can be put in place. Where it stops is, I guess, for all intents and purposes, the cabinet. The government is the single deciding force that can implement. It can change. It can withhold money. It can

consult. It doesn’t have to consult. It can do whatever the heck it wants in regard to land-use decisions once this bill is in place.

(April 29, 2009)

Opposition Requests that the Role of the Courts be Reinstated to Protect Albertans and their Rights

Dr. Morton: Thank you, Chair. What was only hinted at in the earlier amendments is now out in the open for everybody to see. The opposition members would like to see as much of this as possible pushed over into the courts.

Dr. Swann: It’s freedom.

Dr. Morton: It’s not freedom. It’s loss of control. It has nothing to do with the impartiality of the judges. Judges have no training whatsoever in the scientific and statistical analysis that’s typical in this type of policy. To move those kinds of decisions over to thejudges is to move it into a forum where there’s, frankly, no expertise. Judges are trained to make legal decisions. These are policy decisions. They’ll be made by responsible ministers working with civil servants who are trained in the various biological and environmental sciences. That’s where it should be.(May 27, 2009)

Government Response to Opposition Party’s request to reinstate the Role of the Courts

Conclusion – Where we began and Where we’ve Conclusion – Where we began and Where we’ve Come To Come To In the year 1215, King John of England was forced by a group of his subjects (the landowners) to proclaim the Magna Carta.

It limited the King’s power over their lands.

It established fundamental rights and freedoms.

Through the centuries democratic governments have carried on this tradition . . . But it is no longer the case in Alberta.