Bill 79 — Second Session, 30Th Legislature, 70 Elizabeth Ii the Legisla Tive Assembly of Alberta Bill 79 Trails Act (Legislature 30, Session 2)

L30 S2 11939

Alberta — Bills

2021 Bill 79 Second Session, 30th Legislature, 70 Elizabeth II THE LEGISLA TIVE ASSEMBLY OF ALBERTA BILL 79 TRAILS ACT THE MINISTER OF ENVIRONMENT AND PARKS Firs t Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 79 BILL 79 2021 TRAILS ACT ( A s s e n t e d t o , 2 0 2 1 ) Table of Contents 1

Interpretation 2 Purposes of Act 3 Application 4 Designated trails and designated trail areas 5 Trail management plan 6 Trail manager 7 Trail agreement 8 Paramountcy 9 Regulations 10 Deficiency regulations 11 Ministerial regulations 12 Consequential amendments 13 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation 1(1) In this Act, (a) “associated structures”, i n respect of a designated trail or designated trail area, means any improvement of a

2 long-term or permanent nature, including but not limited to parking space, launching ramps, trail treads, trail shelters, bridges, litter shelters, corrals, signs or notices and outhouses; (b) “designated trail” means a trail designated under

section 4(1)(

a) or (b); (c) “designated trail area” mean s a trail area designated under

section 4(1)(c); (d) “Minister” means the Mini ster determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (e) “municipality” means a municipality as defined in the Municipal Government Act; (f) “trail agreement” means an agreement made under

section 7; (g) “trail management plan” means a plan established under

section 5; (h) “trail manager” means a person appointed under

section 6.

(2) Unless otherwise provided in this Act or the regulations made under this Act, or unless the context otherwise requires, words and phrases used in this Act or the regulations have, as the case may be, the same meaning as provided in the Public Lands Act and the Public Lands Administration Regulation (AR 187/2011). Purposes of Act 2 The purposes of this Act are (

a) to recognize designated trails as a key component of sustainable outdoor recreation that contribute to positive environmental, economic and social outcomes and individual well-being, (

b) to establish a trail management planning process with consideration of the many land uses and values on the landscape, (

c) to provide for the establishment and management of designated trails to support desirable user experiences,

3 conservation of landscapes and protection of the environment, in concert with other enactments, (

d) to recognize the cultural an d historical significance of trails, and (

e) to enable collaborative partner participation in trail management and encourage shared stewardship by all users of public land. Application 3 This Act applies to public lands administered under the Public Lands Act. Designated trails and designated trail areas 4(1) The Minister may, by order, (

a) designate an area of public l and and associated structures as a designated trail, (

b) designate a provincial tr ail as a designated trail, (

c) designate an area of public l and and associated structures containing a network of designated trails as a designated trail area, (

d) increase or decrease the area of a designated trail or designated trail area, and (

e) if applicable, d eclare a designated trail or designated trail area to be included in a prescribed class or subclass, as the case may be.

(2) All designated trails and designated trail areas are resources of the Crown.

(3) The Regulations Act does not apply to an order made under subsection (1).

(4) The Minister shall ensure that an order made under subsection (1) is published and available, which may include publication on the Minister’s website.

4 Trail management plan 5(1) Subject to the regulations, the Minister may establish trail management plans for designated trails and designated trail areas.

(2) All designated trails and designated trail areas are subject to an applicable trail management plan established under subsection (1).

(3) If there is a conflict or inconsistency between a trail management plan and any applicable ALSA regional plan, the ALSA regional plan prevails to the extent of the conflict or inconsistency. Trail manager 6(1) Subject to the regulations, the Minister may appoint any person, including a municipality, as a trail manager.

(2) The trail manager may post prescribed signs or notices on a designated trail or designated trail area for the purpose of implementing the applicable trail management plan.

(3) The signs or notices posted under subsection (2) must conform to the applicable trail management plan. Trail agreement 7 Subject to the regulations, the Minister may enter into a trail agreement with any person, including a municipality, for the purpose of the operation, management, construction, development or maintenance of a designated trail or designated trail area. Paramountcy 8 If there is a conflict or inconsistency between this Act and the Public Lands Act, the Public Lands Act prevails to the extent of the conflict or inconsistency. Regulations 9 The Lieutenant Governor in Council may make regulations (

a) defining a word or expression used but not defined in this Act;

5 (

b) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purposes of this Act. Deficiency regulations 10(1) The Lieutenant Governor in Council may make regulations (

a) modifying the provisions of the Public Lands Administration Regulation (AR 187/2011) to make those provisions applicable in respect of a designated trail or designated trail area or any other matter under this Act in addition to, or instead of, any provision of the Public Lands Administration Regulation (AR 187/2011); (

b) remedying any confusion in the application of or any difficulty or impossibility in applying any provisions of this Act.

(2) A regulation made under subsection (1) is repealed 5 years after the regulation comes into force or on the date specified in the regulation, whichever is earlier.

(3) The repeal of a regulation under subsection (2) does not affect anything done or incurred under the authority of the regulation before the repeal of the regulation.

(4) A regulation made under subsection (1) that is in force on or after the repeal of this

section remains in force until it is repealed in accordance with subsection (2).

(5) A regulation may not be made under subsection (1) extending the 5-year period set out in subsection (2).

(6) This

section is repealed 5 years after this

section comes into force, but the repeal does not affect anything done or incurred under the authority of a regulation made under subsection (1) before the repeal of this section. Ministerial regulations 11 The Minister may make regulations (

a) respecting the establishm ent, operation and enforcement of trail management plans;

6 (

b) respecting the eligibility o f a person to be appointed as a trail manager, including the duties and responsibilities of a trail manager; (

c) respecting signs or notices to be posted under

section 6; (

d) respecting rules and procedures for making and enforcing a trail agreement, including the terms and conditions of a trail agreement; (

e) respecting rules for sustainable management, operation, maintenance and protection of designated trails and designated trail areas; (

f) prescribing classes and subc lasses of designated trails and designated trail areas. Amends RSA 2000 cP-40 12(1) The Public Lands Act is amended by this section.

(2) The following is added before

section 71.1: Provincial trail 71.01(1) The Minister may, by order, designate any area of public land to be a provincial trail.

(2) A provincial trail designated under subsection (1) is subject to the applicable trail management plan established under the Trails Act.

(3) The Regulations Act does not apply to an order made under subsection (1).

(4) The Minister shall ensure that an order made under subsection (1) is published and available, which may include publication on the Minister’s website.

(3) Section 71.1 is amended (

a) in subsection (1)(

c) by striking out “or public land recreation trail”; (

b) in subsection (3) by striking out “public land recreation trail” and substituting “provincial trail”.

6 Explanatory Notes Explanatory Notes 12(1) Amends

chapter P-40 of the Revised Statutes of Alberta 2000.

(2) Provincial trail.

(3) Section 71.1 presently reads in part: 71.1(1) The Lieutenant Governor in Council may make regulations (

c) declaring any area of land to be a public land recreation area or public land recreation trail.

(4) The following is added after

section 71.1: Order by Minister 71.11(1) Notwithstanding any regulations made under

section 9(a.1), the Minister may, by order, (

a) prohibit or restr ict entry to all or any part of a provincial trail, (

b) prohibit or restrict any us e or activity in all or any part of a provincial trail, or (

c) specify rules that apply to the entry to, use of or activi ties in all or any part of a provincial trail.

(2) The Minister may exempt any person or conveyance from the application of subsection (1)(a), (

b) or (c), as the case may be.

(3) The Regulations Act does not apply to an order made under subsection (1).

(4) The Minister shall ensure that an order made under subsection (1) is published and available, which may include publication on the Minister’s website.

(5) Section 71.2(

a) and (

b) are amended by striking out “or public land recreation trail”.

(6) Section 71.3 is amended by striking out “public land recreation trail” wherever it occurs and substituting “provincial trail”.

7 Explanatory Notes

(3) In any enactment made before or after the coming into force of this Part, references to a forest land use zone, forest recreation area and forest recreation trail are deemed to be references to a public land use zone, public land recreation area and public land recreation trail, respectively.

(4) Order by Minister.

(5) Section 71.2 presently reads: 71.2 Notwithstanding any regulations made under

section 9(a.1), the director may by order (

a) prohibit or restrict entry to all or any part of a public land recreation area or public land recreation trail, or (

b) prohibit any use or activity in all or any part of a public land recreation area or public land recreation trail.

(6) Section 71.3 presently reads:

(7) Section 71.4(1) is amended (

a) in clause (

b) by striking out “public land recreation area or public land recreation trail” and substituting “public land use zone, public land recreation area or provincial trail”; (

b) by striking out “or” at the end of clause (b); (

c) in clause (

c) by striking out “public land recreation trail” and substituting “provincial trail”; (

d) by adding the following after clause (c): (

d) the operation of the conveyance is contrary to

section 54(1)(e), or (

e) the conveyance is being op erated in an area of public land (

i) that is cordoned o ff or secured, or (ii) where operation of the conveyance is prohibited and no exemption applies under this Act or the regulations. Coming into force 13(1) This Act, except

section 5, comes into force on Proclamation.

(2) Section 5 has effect on May 1, 2022.

8 Explanatory Notes 71.3 In addition to exercising other powers under this Act and the regulations, an officer may order a person in a public land recreation area or on a public land recreation trail to refrain from doing anything that, in the opinion of the officer, may result in loss or damage or is detrimental to the management or use of the public land recreation area or public land recreation trail.

(7) Section 71.4(1) presently reads: 71.4(1) In addition to exercising other powers under this Act and the regulations, an officer may impound a conveyance or other property and take it to a place designated by the director if the officer believes on reasonable grounds that (

a) the operation of the c onveyance or other property has caused, is causing or might cause loss or damage on public land, (

b) the operation of the c onveyance or other property has interfered with, is interfering with or might interfere with the management or use of a public land recreation area or public land recreation trail, or (

c) the conveyance or other pr operty was left unattended without the written permission of an officer for a period of more than 24 hours in a part of a public land recreation area or public land recreation trail not specifically designated for that purpose. 13 Coming into force.

RECORD OF DEBATE Stage Date Member From To Interventions From To Stage Date Member From To Interventions From To Stage Date Member From To Interventions From To Stage Date Member From To Interventions From To Stage Date Member From To Interventions From To Stage Date Member From To Interventions From To Title: 2021 (30th, 2nd) B ill 79, Trails Act

Document details

Collection	Alberta — Bills
Citation	L30 S2 11939
Type	bill
Volume / chapter	L30 S2 11939
Language	en
Format	json
Source	PROVINCIAL
Identifier	1a860ce70c73b8b56ea133d1237dba8e0821dcca

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