Bill 36 — Second Session, 27Th Legislature, 58 Elizabeth Ii the Legislative Assembly of Alberta Bill 36 Alberta Land Stewardship Act (Legislature 27, Session 2)

L27 S2 757

Alberta — Bills

2009 Bill 36 Second Session, 27th Legislature, 58 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 36 ALBERTA LAND STEWARDSHIP ACT THE MINISTER OF SUSTAINABLE RESOURCE DEVELOPMENT First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

1 Bill 36 BILL 36 2009 ALBERTA LAND STEWARDSHIP ACT ( A s s e n t e d t o , 2 0 0 9 ) Table of Contents 1 Purposes of Act 2

Definitions

Part 1 Regional Plans Division 1 Making, Amending and Reviewing Regional Plans 3 Integrated planning regions 4 How regional plans are made and amended 5 Lieutenant Governor in Council not constrained 6 Review of regional plans Division 2 Contents of Regional Plans 7 State of the planni ng region statements 8 Elements of a regional plan 9 Implementing regional plans 10 Subregional plans, issue-specific plans and other arrangements 11 Statutory consents may be affected 12 Application of law under a regional plan

Part 2 Nature and Effect of Regional Plans and Compliance Declarations Division 1 Nature and Effect of Regional Plans 13 Legal nature of regional plans 14 Application of the Regulations Act 15 Binding nature of regional plans 16 Public health, safety, property protection and emergencies 17 Resolution of conflicting provisions Division 2 The Court and Compensation 18 Court orders 19 Compensation limited Division 3 Compliance Declarations 20 Local government bodies 21 Decision-making bodies 22 Amendments, subregional an d issue-specific plans

Part 3 Conservation and Stewardship Tools Division 1 Research and Development 23 Market-based instruments 24 Programs and measures to support regional plans 25 Funding to support conservation, environmental and agricultural values 26 Delegation to Stewardship Minister Division 2 Conservation Easements 27

Definitions 28 Purpose of conservation easements 29 Enforcement of conservation easements 30 Modification or termination of conservation easement

3 31 Nature of conservation easements 32 Registration of conservation easement 33 Effect of registration 34 Conservation easement regulations Division 3 Conservation Directives 35 Right to compensation 36 Conservation directives 37 Notice to title holders 38 Right to compensation for a conservation directive 39 Crown pays compensation 40 Land Compensation Board to resolve disputes 41 Appeal 42 Conservation directive regulations 43 Municipal authority unaffected Division 4 The Exchange, Stewardship Units and Conservation Off-set Programs 44 The exchange 45 Stewardship units 46 Conservation off-set programs Division 5 Transfer of Development Credit Schemes 47 Establishing a TDC scheme 48 Components of a TDC scheme 49 TDC regulations

Part 4 Regional Planning Process and its Administration Division 1 Regional Planning Process 50 Commencement

4 Division 2 Regional Advisory Councils 51 Establishment and appointment 52 Terms of reference 53 Exemption from liability 54 Resources for regional advisory councils 55 Terms of reference may vary Division 3 Land Use Secretariat 56 Land Use Secretariat 57 Regional plans 58 Regional plan implementation 59 Co-ordination of information systems 60 Monitoring and reporting functions 61 Complaint review 62 Other functions and responsibilities Division 4 Other Administrative Matters 63

Interpretation bulletins 64 Fees for services 65 General regulation-making authority 66 Incentives and programs

Part 5 Transitional Provisions, Related Amendments and Coming into Force 67 Conservation easement transition 68-94 Related amendments 95 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Purposes of Act 1 The purposes of this Act are

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a) to provide a means by which the Government can give direction and provide leadership in identifying the objectives of the Province of Alberta, including economic, environmental and social objectives; (

b) to provide a means to plan for the future, recognizing the need to manage activity to meet the reasonably foreseeable needs of current and future generations of Albertans, including aboriginal peoples; (

c) to create legislation and policy that enable sustainable development by taking account of and responding to the cumulative effect of human endeavour and other events.

Definitions 2 In this Act, (a) “activity” means (

i) anything that requires a statutory consent, and (ii) anything that, under an enactment, must comply with a rule, code of practice, guideline, directive or instrument; (b) “conservation directive” m eans a conservation directive expressly declared to be established in a regional plan under

section 36; (c) “conservation easement” means a conservation easement granted by agreement under

Part 3; (d) “decision-maker” means a person who, under an enactment or regulatory instrument, has authority to grant a statutory consent, and includes a decision-making body; (e) “decision-making body” means, subject to any regulations made under

section 65, an entity established by or under an enactment, all or a majority of whose members are appointed or designated (

i) by their personal names or by their names of office by an enactment, (ii) by an order of the Lieutenant Governor in Council,

6 (iii) by an order of a Minister, or (iv) by any combination of the methods described in subclauses (

i) to (iii); (f) “Designated Minister” m eans, as the case requires, (

i) a Minister designated as responsible for a provision of this Act under

section 16 of the Government Organization Act, or (ii) a Minister named in a regional plan as the Minister responsible for an element or provision of a regional plan or any component of a regional plan, and may include the Stewardship Minister if the Stewardship Minister is named as the Designated Minister; (g) “effect” includes (

i) any effect on the envi ronment, human health or safety, a species or an objective in a regional plan, regardless of the scale, nature, intensity, duration, frequency, probability or potential of the effect, and (ii) a cumulative effect that arises over time or in combination with other effects; (h) “enactment” means

an Act or a regulation, as defined in

section 1(1)(

f) of the Regulations Act, including

an Act or regulation passed after this Act comes into force; (i) “environment” means the components of the earth and includes (

i) air, land and water, (ii) all layers of the atmosphere, (iii) all organic and inorganic matter and living organisms, and (iv) the interacting natural systems that include components referred to in subclauses (

i) to (iii);

7 (j) “exchange” means the pers on or government department established or designated as the exchange by any regulations made under

section 44; (k) “General Council” means the Metis Settlements General Council under the Metis Settlements Act; (l) “General Council Policy” means a General Council Policy made under

section 222 of the Metis Settlements Act; (m) “government department” means department as defined in

section 1(1)(

f) of the Financial Administration Act; (n) “land” includes everything in, on or under land; (o) “local authority” means the council of a municipality or the council of a Metis settlement; (p) “local government bo dy” means, subject to any regulations made under

section 65, (

i) the governing body of a municipal authority as defined in the Municipal Government Act; (ii) the board of directors of a regional services commission under the Municipal Government Act; (iii) the council of a Metis settlement and the General Council; (iv) a board of directors established under the Irrigation Districts Act; (

v) a board of trustees established under the Drainage Districts Act; (vi) a management body established under the Alberta Housing Act; (vii) any person or entity designated as a local government body by any regulations made under

section 65; (q) “manage” includes prohibit or regulate and control;

8 (r) “planning region” means an integrated planning region established under

section 3 or by a regional plan, as amended from time to time; (s) “policy” includes a strategy, plan, scheme, program or initiative; (t) “regional advisory council” means a regional advisory council established under

section 51; (u) “regional plan” means (

i) a regional plan made under

section 4, as amended from time to time; (ii) anything made, approved, adopted or incorporated as part of a regional plan under

section 10, as amended from time to time; (v) “regulatory instrument” mean s, subject to any regulations made under

section 65, (

i) a bylaw of a local government body; (ii) a rule, code of practi ce, guideline, directive or instrument having binding, guiding or recommending effect that is enacted under or used for the purpose of administering an enactment; (iii) any of the following instruments of a government department, local government body or decision-making body: (

A) policies, plans, objectives or procedures; (

B) rules, directions or administrative regulations to guide or direct administrative conduct; (

C) instruments used to administer, guide or direct the exercise of regulatory, administrative or decision-making discretion or authority; (

D) instruments that manage, authorize, permit or allow an activity, other than a statutory consent or a regulation made under an enactment;

9 (iv) any instrument designated as a regulatory instrument by any regulations made under

section 65; (w) “secretariat” means the Land Use Secretariat established by

section 56; (x) “settlement patented land” means patented land as defined in

section 1(1)(

c) of the Metis Settlements Land Protection Act; (y) “species” means a species or subspecies or variety of animal or fish as defined in the Fisheries Act (Canada); (z) “statutory consent” means a permit, licence, registration, approval, authorization, disposition, certificate, allocation, agreement or instrument issued under or authorized by an enactment or regulatory instrument; (aa) “stewardship commissioner” means the person appointed to the position of stewardship commissioner under

section 56(2); (bb) “Stewardship Minister” means the Minister designated under

section 16 of the Government Organization Act as the Stewardship Minister responsible for all or part of this Act; (cc) “stewardship unit” mean s a unit created or authorized under

section 45; (dd) “TDC scheme” means a scheme for the transfer of development credits established in accordance with

Part 3, Division 5; (ee) “threshold” has the meaning given to it in a regional plan and may include a limit, target, trigger, range, measure, index or unit of measurement; (ff) “title holder” means (

i) in respect of land other than settlement patented land, (

A) a person registered in the land titles office as the owner of an estate in fee simple in the land,

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B) a person who is shown by the records of the land titles office as having an estate or interest in the land, (

C) any other person who is in possession or occupation of the land, or (

D) in the case of Crown land, a person shown on the records of the department administering the land as having an estate or interest in the land, and (ii) in respect of settlement patented land, the person named or described in the regulations made under

section 42, but does not include the holder of (iii) a disposition as defined in the Mines and Minerals Act, (iv) a unit agreement as defined in the Mines and Minerals Act, or (

v) a contract under

section 9(

a) of the Mines and Minerals Act.

Part 1 Regional Plans Division 1 Making, Amending and Reviewing Regional Plans Integrated planning regions 3(1) The Lieutenant Governor in Council may establish integrated planning regions under this

section or as part of a regional plan, describe their boundaries and give them names.

(2) The Lieutenant Governor in Council may amend the boundaries and names of planning regions.

11 How regional plans are made and amended 4(1) The Lieutenant Governor in Council may make or amend regional plans for planning regions.

(2) The Lieutenant Governor in Council may make regulations (

a) classifying amendmen ts to regional plans; (

b) prescribing the process, procedure or criteria, if any, for all or any class of amendments to regional plans; (

c) respecting the notice or consultation, or both, required for amendments to regional plans or for a class of amendment; (

d) respecting the conditions or criteria to be met in applying for an amendment to a regional plan, who may apply for an amendment to a regional plan and to whom the application must be made, and the procedure for verifying that any conditions or criteria have been met; (

e) respecting the role and function of the secretariat, government departments and other persons in reviewing, preparing or developing amendments to regional plans for consideration by the Lieutenant Governor in Council; (

f) appointing or designating a person or entity to perform any function with respect to a proposed amendment to a regional plan and, if required, appointing a person as a commissioner under the Public Inquiries Act for the purposes described in the regulation.

(3) A regulation under subsection (2) may be made with respect to all or one or more regional plans.

(4) If a regulation is made under subsection (2) about how a regional plan is to be amended, an amendment to the regional plan may be made by the Lieutenant Governor in Council only in accordance with the regulation. Lieutenant Governor in Council not constrained 5(1) A regional plan may be made or amended whether or not (

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

12 (

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

c) the secretariat has provid ed advice with respect to a regional plan or an amendment to a regional plan and irrespective of the advice given and irrespective of whether or not the advice was considered or followed.

(2) The Lieutenant Governor in Council may repeal a regional plan. Review of regional plans 6(1) At least once every 10 years, the secretariat must review each regional plan and report to the Stewardship Minister on its ongoing relevancy and effectiveness.

(2) The extent and nature of each review of a regional plan is in the discretion of the secretariat, subject to any terms of reference set by the Lieutenant Governor in Council under

section 50.

(3) A regional plan expires if a review of the regional plan is not started within 10 years of the date the regional plan is made.

(4) If a regional plan expires or is repealed by the Lieutenant Governor in Council, the Lieutenant Governor in Council may make regulations (

a) respecting the transition of any matter in the expired or repealed regional plan; (

b) to remedy any confusion, difficulty, inconsistency, impossibility or other circumstance resulting from the expiry or repeal of the regional plan.

(5) A regulation may not be made under subsection (4) after the expiration of one year from the date the regional plan expires or is repealed.

13 Division 2 Contents of Regional Plans State of the planning region statements 7 A regional plan may contain (

a) information relevant to the history of the planning region, its geography, its demographics and its economic, environmental and social characteristics; (

b) a description of the state of the planning region describing matters of particular importance in or to the planning region, and the trends and the opportunities and challenges for the planning region, including the economic, environmental and social opportunities and challenges. Elements of a regional plan 8(1) A regional plan must (

a) describe a vision for the planning region, and (

b) state one or more objectives for the planning region.

(2) A regional plan may (

a) include policies designed to achieve or maintain the objectives for the planning region; (

b) set or provide for one or more thresholds for the purpose of achieving or maintaining an objective for the planning region; (

c) name, describe or specify indicators to determine or to assist in determining whether an objective or policy in the regional plan has been, is being or will be achieved or maintained and whether policies in the regional plan are working; (

d) describe or specify the monitoring required of thresholds, indicators and policies, who will do the monitoring and when, and to whom the monitoring will be reported; (

e) describe or specify the times and means by which, and by whom, an assessment or analysis will be conducted to

14 determine if the objectives or policies for the planning region have been, are being or will be achieved or maintained; (

f) describe or specify the actions or measures or the nature of the actions or measures to be taken to achieve or maintain the objectives and policies in the regional plan, and by whom they are to be taken or co-ordinated, if (

i) an adverse trend or an adverse effect occurs; (ii) an objective or policy is or might be in jeopardy or a threshold is or might be exceeded or jeopardized; (iii) an objective or policy has not been achieved or maintained, is not being achieved or maintained, or might not be achieved or maintained; (

g) describe and convey to a person named in the regional plan authority to achieve or maintain an objective or policy, which may include delegating authority under any enactment or regulatory instrument to the person named. Implementing regional plans 9(1) A regional plan may contain provisions that the Lieutenant Governor in Council considers necessary or appropriate to advance or implement, or to both advance and implement, the purposes of this Act.

(2) Without limiting subsection (1), a regional plan may (

a) include or adopt statements of provincial policy for one, all or some planning regions to inform, guide or direct; (

b) adopt, as part of the regional plan, regulations made under

Part 3 or 4 for the purpose of achieving or maintaining an objective or policy in the regional plan; (

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

15 (

d) make, as part of the regional plan, law that may be made as a regulation under this Act, or as a regulation under any other Act, and also make, amend or repeal regulations under any other Act whether (

i) the other Act is enacted before or after this Act comes into force, or (ii) the authority to make regulations under the other Act is given to the Lieutenant Governor in Council, a Minister, a board or agency, or any combination of those persons; (

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

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

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

h) authorize expropriation by the Crown under the Expropriation Act, including expropriation of mines and minerals; (

i) designate persons or existing entities, or establish a corporation or other entity, to perform any function under the regional plan; (

j) establish conflict resolution processes for any dispute, conflict or matter requiring resolution, including mediation, facilitation, conciliation, regulatory negotiation or arbitration under the Arbitration Act; (

k) authorize a Designated Minist er to make an agreement or arrangement for the purpose of achieving or maintaining an objective or policy in the regional plan; (

l) provide for transitional or bridging arrangements;

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

n) specify or describe a m eans to determine which local government bodies and decision-making bodies, if any, must file a compliance declaration with the secretariat under

Part 2, Division 3 after an amendment is made to a regional plan or after a subregional or issue-specific plan comes into effect or a plan, agreement or arrangement is adopted or incorporated as part of a regional plan; (

o) include any other matter that this Act or the regulations under this Act permit or authorize to be included in a regional plan.

(3) A regional plan may (

a) specify those provisions of a regional plan the contravention of or non-compliance with which constitutes an offence or makes the person who contravenes or does not comply liable to an order, directive or administrative or other penalty under another enactment; (

b) specify the fine, penalty or other enforcement mechanism in another enactment that applies to the contravention of or non-compliance with a regional plan; (

c) name or describe an official or other person having authority under another enactment to enforce a contravention of or non-compliance with a regional plan under that other enactment; (

d) provide that any appeal or review provisions under another enactment apply with respect to decisions made to enforce compliance with a regional plan. Subregional plans, issue-specific plans and other arrangements 10(1) A regional plan may (

a) authorize the preparation of a subregional plan or an issue-specific plan and specify or describe how it is to be approved as part of the regional plan;

17 (

b) make or authorize a Designated Minister to make, or authorize a Designated Minister to adopt by incorporation or reference, rules, a code of practice, guidelines, best practices or any other instrument on matters described in the regional plan for the purpose of advancing or implementing an objective or policy in the regional plan; (

c) approve, as part of the regional plan, a plan made under the Public Lands Act, whether the plan is made before or after this Act comes into force, with or without modifications, as a subregional plan or an issue-specific plan of the regional plan; (

d) adopt or incorporate, as pa rt of the regional plan, a plan made under an enactment, or an agreement or arrangement, whether made before or after this Act comes into force, with or without modification to the plan, agreement or arrangement, as a subregional plan or an issue-specific plan of the regional plan.

(2) A subregional plan or an issue-specific plan approved by or in accordance with a regional plan, or a plan, agreement or arrangement adopted by or incorporated in a regional plan, (

a) may contain anything that a regional plan may contain; (

b) becomes effective in ac cordance with

section 13(5).

(3) When a subregional plan or an issue-specific plan comes into effect, and when a Designated Minister makes or adopts rules, a code of practice, guidelines, best practices or any other instrument authorized by a regional plan, the subregional plan, issue-specific plan or rules, code of practice, guidelines, best practices or other instrument, as the case may be, becomes part of the regional plan that authorized it or them.

Statutory consents may be affected 11 A regional plan may, by express reference to a statutory consent or type or class of statutory consent, affect, amend or extinguish the statutory consent or the terms or conditions of the statutory consent. Application of law under a regional plan 12(1) A regional plan

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a) may make different provision for (

i) different parts of the planning region, or for different objectives, policies, activities or effects in a planning region; (ii) different classes of eff ect arising from an activity in the planning region; (

b) may manage an activity, effect, cause of an effect or person outside a planning region until a regional plan comes into force with respect to the matter or person; (

c) applies all the time unless the regional plan says it applies for a stated or described period of time or provides for an exclusion, exception or exemption; (

d) may be specific or general in its application.

(2) The Lieutenant Governor in Council may, in a regional plan, delegate and authorize subdelegation of any authority under the regional plan except authority (

a) to make a regional plan or amend a regional plan, or to make or adopt rules under a regional plan, or (

b) to approve, adopt or inco rporate a subregional plan or issue-specific plan as part of a regional plan, or to adopt or incorporate a plan, agreement or arrangement as part of a regional plan, or to amend any of them.

Part 2 Nature and Effect of Regional Plans and Compliance Declarations Division 1 Nature and Effect of Regional Plans Legal nature of regional plans 13(1) A regional plan is an expression of the public policy of the Government and therefore the Lieutenant Governor in Council has exclusive and final jurisdiction over its contents.

(2) Regional plans are legislative instruments and, for the purposes of any other enactment, are considered to be regulations.

(3) The meaning of a regional plan is to be ascertained from its text, in light of the objectives of the regional plan, and in the context in which the provision to be interpreted or applied appears.

(4) A regional plan and every amendment to a regional plan must (

a) be published in

Part I of The Alberta Gazette, and (

b) be made publicly available by the secretariat in accordance with

section 58(c).

(5) A regional plan and every amendment to a regional plan comes into effect when it is published in

Part I of The Alberta Gazette or on any later date specified in the regional plan or amendment. Application of the Regulations Act 14(1) Subject to subsection (2), the Regulations Act does not apply to a regional plan.

(2) The Regulations Act applies to the making, amending or repeal of regulations under any other Act pursuant to

section 9(2)(d). Binding nature of regional plans 15(1) Except to the extent that a regional plan provides otherwise, a regional plan binds (

a) the Crown, (

b) local government bodies, (

c) decision-makers, and (

d) all other persons. (2) Subsection (1) is given effect, if at all, only (

a) by the provisions of the regional plan itself, (

b) in accordance with another enactment, or (

c) as a result of an order of the Court of Queen’s Bench under

section 18.

(3) Subject to subsection (5), subsection (1) does not (

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

b) create any claim exerci sable by any person, or (

c) confer jurisdiction on any court or decision-maker to grant relief in respect of any claim.

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

a) any cause of action in law or equity, (

b) any proceeding in the natu re of certiorari, prohibition or mandamus, and (

c) any application for a stay, injunctive relief or declaratory relief. (5) Subsection (3) does not apply in respect of an application by the stewardship commissioner to the Court of Queen’s Bench under

section 18. Public health, safety, property protection and emergencies 16 The Government, a Minister, a local government body, a decision-maker or any other person does not contravene a regional plan by reason only of (

a) an action taken or an order made under or in accordance with an enactment or regulatory instrument for the purpose of protecting the public health or safety or protecting property, or (

b) an action taken to re spond to an emergency. Resolution of conflicting provisions 17(1) Subject to subsection (2), if there is a conflict or inconsistency between (

a) a regional plan and a regulation made under

an Act, the regional plan prevails;

21 (

b) a regional plan and a regulatory instrument, the regional plan prevails.

(2) A regional plan does not prevail over a General Council Policy made and approved under

section 226 of the Metis Settlements Act.

(3) If there is a conflict or inconsistency between

an Act and a regional plan, the Act prevails.

(4) If there is a conflict or inconsistency between this Act and any other enactment, this Act prevails. Division 2 The Court and Compensation Court orders 18(1) The stewardship commissioner may apply to the Court of Queen’s Bench for an order under this

section if, in the opinion of the stewardship commissioner, non-compliance with this Act, a regulation under this Act or a regional plan cannot be remedied or rectified under another enactment.

(2) On application by the stewardship commissioner, if the Court is satisfied that this Act, a regulation under this Act or a regional plan has not been or is not being complied with, the Court may make an order to remedy or rectify the non-compliance.

(3) The Court may make any interim or final order it thinks fit, including, without limitation, any or all of the following orders: (

a) to stop something being done, to require something to be done or to change the way in which something is being done; (

b) to manage the conduct of a person; (

c) declaring that any regula tory instrument of a local government body does or does not comply with a regional plan and, if necessary, ordering compliance; (

d) to take any action or measure necessary to remedy or rectify non-compliance with a regional plan and, if necessary, an order to prevent a reoccurrence of the contravention;

22 (

e) to amend or repeal a regu latory instrument of a local government body that does not comply with a regional plan. Compensation limited 19 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. Division 3 Compliance Declarations Local government bodies 20(1) When a regional plan is made, every local government body affected by the regional plan must (

a) review its regulatory instruments, and (

b) decide what, if any, new regulatory instruments or changes to regulatory instruments are required for compliance with the regional plan.

(2) Every local government body affected by the regional plan must, within the time set in or under, or in accordance with, the regional plan, (

a) make any necessary changes or implement new initiatives to comply with the regional plan, and (

b) file a statutory declaratio n with the secretariat that the review required by this

section is complete and that the local government body is in compliance with the regional plan. Decision-making bodies 21(1) When a regional plan is made, every decision-making body affected by the regional plan must (

a) review its regulatory instruments, and

23 (

b) decide what, if any, new regulatory instruments or changes to regulatory instruments are required for compliance with the regional plan.

(2) Every decision-making body affected by the regional plan must, within the time set in or under, or in accordance with, the regional plan, (

a) make any necessary changes or implement new initiatives to comply with the regional plan, and (

b) file a statutory declaratio n with the secretariat that the review required by this

section is complete and that the decision-making body is in compliance with the regional plan. Amendments, subregional and issue-specific plans 22(1) This

section applies when (

a) a subregional plan or an is sue-specific plan is approved or adopted by or is incorporated in a regional plan as part of the regional plan, (

b) an agreement or arrangement is adopted by or is incorporated in a regional plan as part of the regional plan, or (

c) a regional plan is amended.

(2) A local government body or decision-making body affected by a change to a regional plan described in subsection (1) must, if so directed by or under the regional plan, file with the secretariat a declaration described in

section 20(2) or 21(2), as the case requires, with respect to a matter described in subsection (1).

Part 3 Conservation and Stewardship Tools Division 1 Research and Development Market-based instruments 23 The Lieutenant Governor in Council may

24 (

a) support or advance research and development into the creation, application and implementation of instruments, including market-based instruments, to support, enhance and implement the purposes of this Act and objectives and policies in or proposed for a regional plan; (

b) establish, support or encourage pilot projects to investigate or test instruments, including market-based instruments, to advance or implement the purposes of this Act and objectives and policies in or proposed for a regional plan. Programs and measures to support regional plans 24 The Lieutenant Governor in Council may establish, support or participate in programs and other measures to carry out the purposes of this Act and the objectives and policies of regional plans.

Funding to support conservation, environmental and agricultural values 25 The Lieutenant Governor in Council is responsible for establishing, supporting or facilitating funding and cost-sharing initiatives, mechanisms and instruments to support or enhance any one or more of the following: (

a) conservation easements; (

b) conservation directives; (

c) instruments, including market-based instruments, designed or intended to support, encourage or enhance all or any of the following: (

i) the protection, conservation and enhancement of the environment; (ii) the protection, cons ervation and enhancement of natural scenic or esthetic values; (iii) the protection, conservation and enhancement of agricultural land or land for agricultural purposes.

25 Delegation to Stewardship Minister 26 The Lieutenant Governor in Council may delegate any or all of its powers, duties or functions under sections 23 to 25 to the Stewardship Minister subject to any terms and conditions that the Lieutenant Governor in Council imposes. Division 2 Conservation Easements

Definitions 27 In this Division, (a) “grantee” means the recipient of a conservation easement and includes a successor, assignee, executor, administrator, receiver, receiver manager, liquidator and trustee of the grantee; (b) “grantor” means the person who grants a conservation easement and includes a successor, assignee, executor, administrator, receiver, receiver manager, liquidator and trustee of the grantor; (c) “qualified organization” means (

i) the Government, (ii) a Government agency, (iii) a local government body, or (iv) a corporation that (

A) has as one of its objects the acquisition and holding of interests in land for purposes that are substantially the same as any of the purposes for which a conservation easement may be granted, (

B) has in its constating instrument a requirement that, on or in contemplation of the winding-up of the corporation, all conservation easements that the corporation holds are to be transferred to another qualified organization, and (

C) is a registered charity within the meaning of the Income Tax Act (Canada).

26 Purpose of conservation easements 28(1) A registered owner of land may, by agreement, grant to a qualified organization a conservation easement in respect of all or part of the land for one or more of the following purposes: (

a) the protection, conservation and enhancement of the environment; (

b) the protection, conservatio n and enhancement of natural scenic or esthetic values; (

c) the protection, conser vation and enhancement of agricultural land or land for agricultural purposes; (

d) providing for any or all of the following uses of the land that are consistent with the purposes set out in clause (a), (

b) or (c): (

i) recreational use; (ii) open space use; (iii) environmental education use; (iv) use for research and scientific studies of natural ecosystems.

(2) In subsection (1), “registered owner of land” means (

a) the person registered in a land titles office as the owner of the fee simple in the land, and (

b) in the case of settlement patented land, a person registered as the owner in the Metis Settlements Land Registry established under the Metis Settlements Act, subject to any General Council Policy with respect to who is to be considered the registered owner of land for the purposes of this Division. Enforcement of conservation easements 29(1) A conservation easement may be enforced by (

a) the grantee, or

27 (

b) a qualified organization, ot her than the grantee, that the grantor has designated in writing as having the power to enforce the conservation easement, or by both the grantee and the qualified organization.

(2) A grantor may not designate more than one qualified organization at a time to enforce the conservation easement.

(3) A grantee may assign a conservation easement to another qualified organization.

(4) A grantee who assigns a conservation easement must immediately notify the grantor of that assignment. Modification or termination of conservation easement 30 A conservation easement may be modified or terminated (

a) by agreement between the grantor and the grantee, or (

b) by order of a Designated Minister, whether or not the Designated Minister is a grantor or grantee, if the Designated Minister considers that it is in the public interest to modify or terminate the conservation easement. Nature of conservation easements 31(1) A conservation easement constitutes an interest in land in the grantee.

(2) A conservation easement does not lapse by reason only of (

a) non-enforcement of it, (

b) the use of the land that is the subject of the conservation easement for a purpose that is inconsistent with the purposes of the conservation easement, or (

c) a change in the use of land that surrounds or is adjacent to the land that is the subject of the conservation easement.

(3) With respect to settlement patented land, subsection (1) is subject to any General Council Policy.

28 Registration of conservation easement 32(1) A conservation easement may be registered (

a) under the Land Titles Act with the Registrar of Titles, or (

b) under the regulations under the Metis Settlements Act with the Registrar of the Metis Settlements Land Registry, subject to any General Council Policy.

(2) A person intending to register a conservation easement must give prior notice of the registration in accordance with the regulations to (

a) the Minister responsible for the Municipal Government Act, if the land that is the subject of the conservation easement is located in an improvement district, (

b) the Special Areas Board, if the land that is the subject of the conservation easement is located in a special area, or (

c) the council of the municipality or the council of the Metis settlement in which the land that is the subject of the conservation easement is located.

(3) When a conservation easement is presented for registration, the appropriate Registrar must endorse a memorandum of the conservation easement on the certificate of title to the estate or interest in land that is the subject of the conservation easement.

(4) If a conservation easement is modified or is terminated, one of the parties to the agreement, or a Designated Minister in the case of a modification or termination of the conservation easement under

section 30(b), must register a copy of the document effecting the modification or termination with the appropriate Registrar, and the Registrar must endorse a memorandum on the certificate of title to the estate or interest in land noting the modification or discharging the registration, as the case may be.

(5) If a conservation easement expires, one of the parties to the agreement must notify the appropriate Registrar, and the Registrar must endorse a memorandum on the certificate of title to the estate or interest in land discharging the registration.

29 Effect of registration 33(1) A conservation easement that is registered under

section 32 runs with the land and may be enforced whether it is positive or negative in nature and notwithstanding that the person wishing to enforce the conservation easement does not have an interest in any land that would be accommodated or benefited by the conservation easement.

(2) Subject to subsection (3), this Division applies notwithstanding

section 48 of the Land Titles Act.

(3) A conservation easement is deemed to be a condition or covenant for the purpose of

section 48(4) and (6) of the Land Titles Act.

(4) With respect to settlement patented land, subsection (1) is subject to any General Council Policy. Conservation easement regulations 34 A Designated Minister may make regulations for the purpose of this Division. Division 3 Conservation Directives Right to compensation 35 A title holder whose estate or interest in land is the subject of a conservation directive has a right to apply for compensation in accordance with this Division. Conservation directives 36(1) A regional plan may permanently protect, conserve, manage and enhance environmental, natural scenic, esthetic or agricultural values by means of a conservation directive expressly declared in the regional plan.

(2) A conservation directive must (

a) describe the precise nature of the conservation directive, its intended purpose and the protection, conservation, management or enhancement that is the subject of the conservation directive;

30 (

b) identify or prescr ibe a means of identifying the parcels of land that are the subject of the conservation directive.

(3) A conservation directive does not constitute an estate or interest in land. Notice to title holders 37(1) A title holder whose estate or interest in land is the subject of a conservation directive must be given notice of the conservation directive.

(2) The notice must (

a) identify the estate or interest in land affected, (

b) describe or include a copy of the conservation directive and describe its purpose, (

c) notify the title holder of the title holder’s right to apply for compensation to the Land Compensation Board if the title holder considers the market value of the estate or interest in land that is the subject of the conservation directive has decreased as a result of the conservation directive, (

d) describe how to make an application to the Land Compensation Board, and (

e) specify that the title holder has a right to apply to the Court of Queen’s Bench to determine any compensation payable instead of the Land Compensation Board.

(3) A notice of the conservation directive may only be served on the title holder by personal service or by any other method provided for in the regulations. Right to compensation for a conservation directive 38(1) If a conservation directive is expressly declared to be established in a regional plan, the title holder whose estate or interest in land is the subject of the conservation directive has the right, subject to the regulations made under

section 42, to apply for compensation.

(2) An application for compensation under subsection (1) may be made no later than 12 months after notice of the conservation directive is served on the title holder.

(3) Subject to the regulations made under

section 42, if a title holder referred to in subsection (1) is entitled to compensation, the compensation to which the title holder is entitled is (

a) the amount of the decrease in the market value of the estate or interest in land (

i) resulting solely from the express declaration of the conservation directive, and (ii) determined as of the date the conservation directive became effective, (

b) damages for injurious affection as a result of the conservation directive, and (

c) damages for any other loss specified in the regulations as a result of the conservation directive.

(4) For the purposes of this section, “market value”, in respect of an estate or interest in land, is the amount that the estate or interest might be expected to realize if sold in the open market by a willing seller to a willing buyer. Crown pays compensation 39 The Crown is liable to pay any compensation payable under this Division as a result of a conservation directive. Land Compensation Board to resolve disputes 40(1) Subject to subsection (2), if the Crown and a title holder referred to in

section 38(3) cannot agree on the compensation payable as a result of a conservation directive, the Land Compensation Board must, in accordance with this Act and the regulations, determine the compensation payable and, if necessary, to whom it is payable.

(2) Notwithstanding subsection (1), the title holder may elect to have the compensation fixed by the Court of Queen’s Bench and in that case the provisions of this Act and the regulations relating to determination of compensation by the Land Compensation Board

32 apply with all necessary modifications to the proceedings before the Court. Appeal 41(1) An appeal lies to the Court of Appeal from any determination of the Land Compensation Board.

(2) An appeal under subsection (1) may be made on questions of law or fact, or both, and the Court of Appeal may (

a) refer any matter back to the Land Compensation Board, or (

b) make any decision or order that the Land Compensation Board has power to make. Conservation directive regulations 42(1) The Lieutenant Governor in Council may make regulations (

a) defining “injurious affection” for the purpose of

section 38(3)(b); (

b) respecting applications by title holders to the Land Compensation Board to determine compensation claims as a result of a conservation directive; (

c) governing the process for considering claims for compensation; (

d) respecting any process or procedure as a condition of an application to or as a condition of considering of an application by the Land Compensation Board; (

e) respecting who is to pay the costs of an application or authorizing the Land Compensation Board to make that decision; (

f) respecting the criteria the Land Compensation Board must take into consideration when making a decision and matters that it may not take into consideration; (

g) modifying anything in the regulations or making special provision for the application of the regulations to settlement patented land;

33 (

h) authorizing the Land Compensation Board to exercise any powers given to it under any other enactment, with or without modifications, with respect to an application under this Division; (

i) prescribing a period within which an appeal to the Court of Appeal may be made under

section 41; (

j) specifying losses as a result of conservation directive for the purposes of

section 38(3)(c); (

k) respecting the deduction from compensation, or the consideration to be given, of any amount received by the title holder as compensation or payment for loss in respect of an estate or interest in land for which the title holder claims compensation (

i) under another enactment, (ii) as a result of the terms of an agreement, (iii) under the terms or conditions of a statutory consent, or (iv) as a result of any other provision of a regional plan or regulations providing for compensation for a decrease in the market value of an estate or interest in land; (

l) providing for additional me thods of service of a notice under

section 37.

(2) The Lieutenant Governor in Council may make regulations (

a) respecting the person who must give notice of a conservation directive to title holders of an estate or interest in land that is the subject of the conservation directive; (

b) respecting the terms and conditions that must be incorporated in or that attach to a conservation directive or any class or type of conservation directive; (

c) respecting the enforcemen t of conservation directives, including

34 (

i) the appointment of a person, Designated Minister, government department or local government body or a qualified organization as defined in Division 2 to enforce conservation directives, and (ii) the terms, conditions and duration of the appointment and the powers respecting enforcement; (

d) respecting the registration, recording or filing of notice of a conservation directive under the Land Titles Act, the persons to whom notice of the registration, recording or filing must be given, by whom the notice is to be given, and the terms and conditions of that registration, recording or filing and of any subsequent amendment, termination or repeal of the conservation directive; (

e) respecting the regulation or control of amendments to, or the termination or repeal of, conservation directives or of any particular conservation directives or class or type of conservation directive; (

f) respecting the duties and responsibilities of the Registrar of Titles respecting the registration, recording, filing, amendment, termination or repeal of a conservation directive; (

g) applying any regulation made under this subsection despite anything in the Land Titles Act; (

h) naming or describing a person as a title holder for the purpose of

section 2(ff)(ii); (

i) modifying anything in the regulations or making special provision for settlement patented land. Municipal authority unaffected 43 Nothing in this Division affects (

a) the authority of a municipal authority under

Part 17 of the Municipal Government Act, or (

b) the operation or application of any provisions of that Part.

35 Division 4 The Exchange, Stewardship Units and Conservation Off-set Programs The exchange 44 The Lieutenant Governor in Council may make regulations (

a) establishing or designating a person or government department as the exchange and naming the exchange; (

b) conferring on the ex change, by agreement or by regulation, or both, all or any of the following: (

i) the authority, subject to the regulations under this Part, to create, hold, issue, approve, verify, authenticate, distribute, modify, suspend or extinguish all or part of a stewardship unit; (ii) the authority to establish, administer or manage one or more programs, schemes or systems to register, record and administer stewardship units; (

c) providing for the manner and method of reporting by the exchange on matters required by the regulations under this Part; (

d) delegating to the exchange the authority described by the regulations under this Part or under a regional plan; (

e) requiring the exchange to provide education and information about the services it provides. Stewardship units 45(1) The Lieutenant Governor in Council may make regulations (

a) respecting the creation, holding, issuance, approval, verification, authentication, distribution, modification, suspension or extinguishment of stewardship units; (

b) respecting how a stewardship unit is created and by whom; (

c) establishing or authorizin g different types or classes of stewardship unit and the name or names of the types or classes and the terms, conditions and restrictions with

36 respect to each type or class of stewardship unit, including development credits that are the subject of a TDC scheme; (

d) respecting the attributes of each type or class of stewardship unit, including, without limitation, regulations (

i) describing what the type or class of stewardship unit represents; (ii) describing the nature of the type or class of stewardship unit, in particular, whether the type or class of stewardship unit is one of benefit or obligation, or both; (iii) whether the stewardship unit is irrevocable, and if not, its term or any other conditions applying to it; (

e) for managing the holding, use, sale, trading, exchange, lease, assignment and disposition, including disposition by will or on death without a will, of stewardship units, and if regulation or control is required, including, without limitation, regulations (

i) respecting the establishment of a registry and a system for the recording of stewardship units; (ii) respecting the powers, duties and functions of the exchange, including as a registry operator; (iii) respecting the establishment, operation and closing of trading accounts for stewardship units; (iv) respecting the recording of transactions or use of stewardship units; (

v) respecting the collection of information and the use of information and records kept by the exchange and records in respect of trading in stewardship units; (vi) respecting, authorizing and prohibiting the disclosure of information and records kept by the exchange with respect to the registry and otherwise; (vii) respecting the records to be kept by persons holding stewardship units or participating in the trading of stewardship units;

37 (viii) authorizing a person to prescribe forms for the purposes of the regulations; (

f) delegating to a Designated Minister, a local government body or a decision-maker any authority, function or requirement under the regulations made under this Part with respect to the use, imposition or extinguishment of a stewardship unit; (

g) applying or exempting all or any provisions of the Securities Act or any regulations or rules under the Securities Act with respect to any provision of this Act or the regulations concerning a stewardship unit or a type or class of stewardship unit; (

h) respecting the compatibility of regulations under this

section with similar regulatory schemes in other jurisdictions, inside and outside Canada.

(2) A stewardship unit is not and may not be created as an interest in land. Conservation off-set programs 46(1) The Lieutenant Governor in Council may make regulations to counterbalance the effect of an activity.

(2) In this section, “counterbalance” includes (

a) avoiding, limiting or mitigating the adverse effect of an activity; (

b) minimizing the impact of an activity by limiting the magnitude or degree of the activity; (

c) rectifying or reducing an adverse effect by repairing, rehabilitating, restoring or reclaiming; (

d) reducing or eliminating an adverse effect over time by conservation and maintenance operations; (

e) compensating for an ac tivity by replacing, providing, acquiring, using or extinguishing stewardship units as described in regulations made under this Part; (

f) requiring any or all of the counterbalancing requirements described in this subsection to be increased by a ratio or

38 factor prescribed by regulations under this

section as a result of the effect of the activity; (

g) encouraging voluntary measur es to offset an activity by committing, without limitation, to additional restoration, reclamation or mitigation, the acquisition of land, the establishment of a conservation easement or the donation of actual or in-kind, financial or other resources; (

h) requiring any action described in this subsection to be taken before or after an activity starts or before or after an activity ends.

(3) Regulations under this

section may (

a) require a decision-maker, in the circumstances described in the regulations, to impose terms and conditions on an existing or proposed statutory consent to counterbalance the effect of an activity or proposed activity; (

b) set a limit or restriction on the maximum effect of an activity in respect of human health or safety, a species or the environment within a period of time specified in the regulations, and for that purpose may (

i) describe or specify a stewardship unit that is to counterbalance the effect of an activity; (ii) specify the period of time within which the stewardship unit must be used or extinguished; (iii) prohibit an activity without the extinguishment of all or part of a stewardship unit; (

c) establish, certify, credit or accredit anything that is suitable as a stewardship unit to counterbalance an activity; (

d) provide a means of assigning to a stewardship unit an attribute with respect to an investment or project indicating its benefit or obligation measured against the effect of an activity; (

e) establish a program to certif y an activity as a stewardship unit, including providing for (

i) who is to issue the certification;

39 (ii) how and when and under what terms and conditions a person may be certified and how and by whom a certification may be terminated; (iii) what a certificati on entitles the holder of the certification to do; (

f) adopt or prescrib e one or more guidelines or best practices with respect to counterbalancing the effect of an activity; (

g) provide for the management, monitoring and enforcement of a stewardship unit, including (

i) how monitoring is to be conducted and by whom; (ii) requiring periodic or sp ecial reports, specifying with whom a report must be filed and requiring its availability for public inspection; (iii) the inspection of an activity and the monitoring and reports on the effect of the activity to determine compliance with a stewardship unit; (iv) testing anything related to an activity at a time or times and at a frequency specified by the regulations; (

v) an audit of compliance with a stewardship unit and the regulations; (vi) security for performance of an obligation under a stewardship unit and compliance with its terms and conditions, including, without limitation, insurance, a bond, certification or audit by a third party agency or other person specified by the regulations. Division 5 Transfer of Development Credit Schemes Establishing a TDC scheme 47(1) A TDC scheme may be established only in accordance with this Division.

(2) A TDC scheme may be established by (

a) a regional plan, (

b) a local authority if the scheme is first approved by the Lieutenant Governor in Council, or (c) 2 or more local aut horities in accordance with an agreement or arrangement among them, with or without other persons, if the agreement or arrangement is first approved by the Lieutenant Governor in Council. Components of a TDC scheme 48(1) Unless regulations under

section 49 provide otherwise, every TDC scheme must include the following components: (

a) the designation of an ar ea or areas of land as a conservation area with one or more of the following purposes: (

i) the protection, conservation and enhancement of the environment; (ii) the protection, cons ervation and enhancement of natural scenic or esthetic values; (iii) the protection, conservation and enhancement of agricultural land or land for agricultural purposes; (iv) providing for all or any of the following uses of the land that are consistent with the purposes set out in subclause (i), (ii) or (iii): (

A) recreational use; (

B) open space use; (

C) environmental education use; (

D) use for research and scientific studies of natural ecosystems; (

v) designation as a Provincial Historic Resource or a Municipal Historic Resource under the Historical Resources Act;

41 (

b) identification or provision for the identification of every parcel of land in the conservation area and the title holder of each parcel of land or a means of identifying them; (

c) the attributes of the one or more stewardship units established by the TDC scheme in accordance with regulations made under

section 45; (

d) the terms and conditions under which a stewardship unit may be realized or used, or both, by a title holder in the conservation area; (

e) the designation of an ar ea or areas of land as a development area and any terms and conditions of that designation; (

f) any other matter required to be included in a TDC scheme by the regulations under

section 49.

(2) If a local authority or 2 or more local authorities establish a TDC scheme, the scheme must include (

a) in the case of a TDC scheme established by a single local authority, provisions to adopt or amend a municipal development plan, area structure plan, land use bylaw, intermunicipal development plan or other bylaw to implement the TDC scheme; (

b) in the case of a TDC scheme between 2 or more local authorities, (

i) a written arrangement or agreement between the local authorities with respect to the scheme, with or without other persons, and (ii) provisions to adopt or amend municipal development plans, area structure plans, land use bylaws, intermunicipal development plans or other bylaws to implement the scheme; (

c) any other provision considered necessary or desirable by the Lieutenant Governor in Council or required by the regulations made under

section 49.

42 TDC regulations 49(1) The Lieutenant Governor in Council may make regulations (

a) respecting any additional components of or modification to the components of a TDC scheme required by

section 48; (

b) respecting what a stewardship unit may or may not be used for in a TDC scheme and the terms and conditions on the use of stewardship units; (

c) managing the realization, sale, assignment or disposition of stewardship units and the conditions under which a realization, sale, assignment or disposition of a stewardship unit may occur, including, without limitation, if the title holder (

i) enters into a conservation easement satisfactory to the Stewardship Minister or the local authority or local authorities, as the case requires, and the conservation easement is registered in a land titles office, (ii) consents to a Provinci al Historic Resource or a Municipal Historic Resource designation under the Historical Resources Act with respect to a parcel of land or an aspect of it, or (iii) provides a form of co nservation or protection with respect to a parcel of land that is designated as part of a conservation area that, in the opinion of the Stewardship Minister or the local authority or local authorities, as the case may be, provides a satisfactory means of conservation; (

d) respecting the functions and responsibilities of the exchange in a TDC scheme; (

e) respecting the amendment or repeal of a bylaw designating a conservation area or development area, or both, and the conditions that must be met before a bylaw designating a conservation area or development area is amended or repealed.

(2) Nothing in regulations made under subsection (1) limits or restricts the regulation-making authority of the Lieutenant Governor in Council under

section 45.

Part 4 Regional Planning Process and its Administration Division 1 Regional Planning Process Commencement 50(1) The Lieutenant Governor in Council may (

a) authorize the commencement of a regional planning process, a process to amend a regional plan or a process to review a regional plan; (

b) set the terms of reference under which a process authorized under clause (

a) is to be conducted and by whom; (

c) describe the public and stakeholder communication and consultation required; (

d) describe the role and function of regional advisory councils, government departments and the secretariat in respect of a process; (

e) direct recognition, cons ideration or development of provincial policies and provide guidance on how they are to be respected, prioritized, balanced, incorporated or integrated in the development of a regional plan, amendment to a regional plan or review of a regional plan; (

f) require a list to be prepared of areas that are candidates for a conservation directive for the protection, conservation, management or enhancement of environmental, natural scenic, esthetic or agricultural values; (

g) describe the consideration to be given to any matter, including economic, environmental and social issues; (

h) set out the expectations of and timeframe for the process of developing a regional plan or amendments to a regional plan or for the review of a regional plan.

(2) Nothing in this Act requires an order to be made under subsection (1) before the Lieutenant Governor in Council makes or amends a regional plan. Division 2 Regional Advisory Councils Establishment and appointment 51(1) The Lieutenant Governor in Council may establish a regional advisory council for a planning region.

(2) The Lieutenant Governor in Council may (

a) appoint members of a regional advisory council, including individuals who are members of aboriginal peoples; (

b) provide for the payment of expenses and remuneration for some or all members of a regional advisory council; (

c) provide or authorize the provision of information, data and other materials to assist regional advisory councils in their work.

(3) The Lieutenant Governor in Council may establish a date on which the mandate of a regional advisory council terminates unless the mandate and terms of office of one or more members is extended.

(4) The Lieutenant Governor in Council may delegate to the Stewardship Minister any of the functions of the Lieutenant Governor in Council under this section. Terms of reference 52(1) For each regional advisory council, the Lieutenant Governor in Council may establish terms of reference, which may include (

a) roles and responsibilities of members of the regional advisory council; (

b) designation of a chair and vice-chair and their responsibilities or delegating that responsibility to the regional advisory council; (

c) rules governing the calling and conduct of meetings;

45 (

d) a means or method for resolving disputes; (

e) a code of ethics for members of the regional advisory council; (

f) a description of the nature or kind of advice to be given by the regional advisory council and to whom it is to be given.

(2) The Lieutenant Governor in Council may delegate to the Stewardship Minister any of the functions of the Lieutenant Governor in Council under this section, including authority to delegate to a regional advisory council any of the functions described in subsection (1)(

b) and (c). Exemption from liability 53 No action lies against a member of a regional advisory council for anything done or omitted to be done by the member in good faith while acting as a member of the regional advisory council and carrying out the functions of a member. Resources for regional advisory councils 54(1) The secretariat is responsible, in accordance with any terms of reference established by the Lieutenant Governor in Council, (

a) for providing or co-ordinating the provision of the human and financial resources, information, data and other material that the secretariat considers to be necessary or appropriate for use by a regional advisory council; (

b) for establishing and co-ordinating the conduct of a project team to advise and assist a regional advisory council.

(2) The resources provided under subsection (1) may be provided subject to terms and conditions. Terms of reference may vary 55 The terms of reference established by the Lieutenant Governor in Council for regional advisory councils may vary from one regional advisory council to another.

46 Division 3 Land Use Secretariat Land Use Secretariat 56(1) There is established, as part of the public service of Alberta but not as part of a government department, a secretariat to be known as the Land Use Secretariat, headed by the stewardship commissioner.

(2) In accordance with the Public Service Act, there must be appointed a person to the position of stewardship commissioner and other employees as are required to administer the business and affairs of the secretariat.

(3) The stewardship commissioner has, with respect to the secretariat, all the authority and responsibility of a deputy head under (

a) the Public Service Act, (

b) the Financial Administration Act, and (

c) every other enactment under which a deputy head has a power, duty or responsibility. Regional plans 57 The secretariat has the following mandate with respect to regional plans and proposed regional plans: (

a) to prepare or direct the preparation of regional plans and amendments to regional plans for consideration by the Lieutenant Governor in Council; (

b) to prepare, direct, par ticipate in or co-ordinate the preparation of subregional or issue-specific plans, or amendments to either of them, for approval, adoption or incorporation in a regional plan and to review proposed subregional plans, issue-specific plans and plans, agreements and arrangements proposed for adoption by or incorporation in a regional plan; (

c) to identify the need for policies and the integration or co-ordination of policy for consideration by the Lieutenant Governor in Council for incorporation in a

47 regional plan and, if required, to facilitate, co-ordinate or assist in the preparation of that policy; (

d) to make recommendations to keep or facilitate keeping regional plans up-to-date; (

e) to conduct a review of regional plans at least once every 10 years in accordance with

section 6 or earlier as required by the Lieutenant Governor in Council. Regional plan implementation 58 The secretariat, with respect to a regional plan or an amendment to a regional plan, (

a) may facilitate and co-ordinate the implementation of the regional plan or the amendment to the regional plan and assist those affected by the regional plan to understand and implement the regional plan or the amendment to the regional plan; (

b) may facilitate and encourage co-operation between government departments and agencies and co-operative relationships between government departments and local government bodies; (

c) must maintain regional plans as a public record with the capacity to determine the contents of a regional plan at any given point in time, which may include (

i) electronic versions of regional plans; (ii) loose-leaf and other hard-copy versions of regional plans; (

d) must maintain a public record of planning regions, their boundaries and any

interpretation bulletins issued under

section 63. Co-ordination of information systems 59 The secretariat is responsible for co-ordinating or supporting the co-ordination of integrated information systems, including data collection, monitoring, analysis and reporting, that are capable of providing any information required to develop, maintain, monitor,

48 analyze, assess and implement regional plan objectives and policies. Monitoring and reporting functions 60 The secretariat (

a) must periodically monitor progress on achieving or maintaining objectives in regional plans and the effectiveness of policies to achieve or maintain those objectives, and to issue reports as the secretariat considers necessary; (

b) may make recommendations to a local government body or government department to encourage or ensure regional plan objectives and policies are achieved or maintained. Complaint review 61(1) A person may make a written complaint to the secretariat that a regional plan is not being complied with.

(2) The secretariat may investigate a complaint if the stewardship commissioner is satisfied that (

a) the complaint has or may have sufficient merit to warrant an investigation, (

b) the matter complained of is not the subject or part of the subject of an application, process, decision or appeal governed by an enactment or regulatory instrument, or that there is not an adequate remedy under the law or existing administrative practices, and (

c) no other person should investigate the matter complained of.

(3) If the secretariat decides a complaint should not be investigated by the secretariat, the stewardship commissioner must notify the complainant accordingly.

(4) Subject to subsection (2), the secretariat may conduct or authorize a person to conduct any investigation or inquiry as is considered necessary or appropriate in the circumstances and provide a report to the stewardship commissioner.

(5) A government department or local government body must co-operate with an investigation or inquiry conducted by the secretariat or a person authorized by the secretariat.

(6) If the secretariat is satisfied that there is clearly non-compliance with a regional plan, the stewardship commissioner may refer the matter, with or without a report or recommendations, to either or both of the following who have jurisdiction or authority with respect to the matter: (

a) a Minister or government department, or (

b) a local government body.

(7) The stewardship commissioner may delegate the secretariat’s authority to conduct an investigation or inquiry under this

section to one or more other persons, with or without conditions, but may not delegate authority to decide whether an investigation or inquiry should be conducted. Other functions and responsibilities 62(1) In addition to its mandate under this Act and any other enactment, the secretariat must perform the duties imposed or conferred on it by a regional plan or by the Lieutenant Governor in Council.

(2) If a regional plan does not contain provisions respecting how to respond to the failure of a policy or to the lack of progress in achieving or maintaining an objective or policy in a regional plan, the secretariat is responsible for co-ordinating an effective response.

(3) In fulfilling the mandate of the secretariat, subject to the prior approval of the Stewardship Minister, (

a) the stewardship commissioner may appoint experts to provide advice or assistance; (

b) the stewardship commissioner may appoint a committee for particular purposes and prescribe the committee’s responsibilities and the timeframe for completing them; (

c) the stewardship commissioner may enter into agreements or arrangements with any other person.

(4) The secretariat may develop, co-ordinate or assist in the development of programs, schemes, services and research to support its mandate and the objectives and policies in a regional plan.

(5) The secretariat must comply with any protocols established by the Lieutenant Governor in Council for the secretariat to ensure appropriate consultation with government departments or local government bodies that have an interest in or are affected by the secretariat’s mandate.

(6) The stewardship commissioner may delegate to another person, or designate another person to perform, all or any of the secretariat’s functions, with or without conditions. Division 4 Other Administrative Matters

Interpretation bulletins 63(1) The Lieutenant Governor in Council may make regulations (

a) authorizing the secretariat or any other person named in the regulations to issue

interpretation bulletins on the

interpretation, application, compliance, non-compliance and intended purpose, application or implementation of a regional plan; (

b) authorizing

interpretation bulletins to be issued on the initiative of the secretariat or any other person named in the regulations, and prescribing conditions on the issuance of the

interpretation bulletins; (

c) describing any process required or conditions to be met before an

interpretation bulletin is issued; (

d) stating the binding, advisory, persuasive or informational character of

interpretation bulletins, including, if so stated in the regulations, that an

interpretation bulletin has the same effect as if it had been included in a regional plan.

(2) The Regulations Act does not apply to

interpretation bulletins.

(3) Interpretation bulletins must be published in

Part I of The Alberta Gazette.

51 Fees for services 64 The Stewardship Minister may, by regulation, prescribe fees or describe how they are to be calculated for any service or function provided, action taken or matter considered under this Act, regulations made under this Act or a regional plan. General regulation-making authority 65 The Lieutenant Governor in Council may make regulations (

a) designating a person or entity as a local government body, or exempting a local government body, for the purposes of the definition of local government body; (

b) exempting an entity from the definition of decision-making body; (

c) designating an instrument as a regulatory instrument for the purposes of the definition of regulatory instrument or exempting an instrument described in that definition from the definition; (

d) prescribing or authorizing the stewardship commissioner to prescribe the form of statutory declarations required under this Act or the regulations and the nature and contents of other forms that may be required; (

e) respecting matters that may be included in a regional plan; (

f) designating an order establishing a regional advisory council under

section 7 of the Government Organization Act before this

section comes into force as an order in council establishing a regional advisory council under

section 51, with or without modifications; (

g) defining any word or expression used but not defined in this Act. Incentives and programs 66(1) The Lieutenant Governor in Council may make regulations providing for financial and other incentives to support the purposes of this Act and the objectives and policies of regional plans.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations

52 (

a) respecting grants or conditional grants and describing their purposes; (

b) respecting the human, financ ial and technical services to support or advance the objectives and policies of regional plans; (

c) respecting eligibility for and terms and conditions of grants, conditional grants and other support or services; (

d) promoting research, best practices and management programs to advance the purposes of this Act and to advance and implement the objectives and policies of regional plans; (

e) respecting recognition prog rams, awards or rewards; (

f) establishing best or bene ficial practices, ethical use and management for the purposes of attaining regional plan objectives and implementing regional plan policies; (

g) respecting education, information and resources to support programs and policies to advance and implement regional plan objectives and policies.

(3) The Lieutenant Governor in Council may designate a government department, local government body, the secretariat or any other person as responsible for any provision of the regulations made under this section.

Part 5 Transitional Provisions, Related Amendments and Coming into Force Conservation easement transition 67(1) A conservation easement granted or registered, or granted and registered, under the Environmental Protection and Enhancement Act before the coming into force of this

section is deemed for all purposes to have been granted or registered or granted and registered, as the case may be, under this Act and continues with the same effect under this Act.

(2) The Conservation Easement Registration Regulation (AR 215/96) made under the Environmental Protection and

53 Enhancement Act remains in force and is deemed to have been made under this Act. Amends SA 2002 c4 and SA 2003 c11 68(1) The Administrative Penalties and Related Matters Statutes Amendment Act, 2002 is amended by repealing sections 2 and 4

(2) The Agricultural Dispositions Statutes Amendment Act, 2003 is amended by repealing

section 4.

53 Explanatory Notes Explanatory Notes 68 Amends

chapter 4 of the Statutes of Alberta, 2002 and

chapter 11 of the Statutes of Alberta, 2003. Sections 2 and 4 of SA 2002 c4 and

section 4 of SA 2003 c11 presently read: 2(1) The Forests Act is amended by this section.

(2) Section 1(

n) is amended by adding “or volume” after “area”.

(3) Section 4 is amended (

a) in clause (

l) by striking out “prescribing” and substituting “respecting the determination of administrative”; (

b) by adding the following after clause (l): (l.1) providing, with respect to any provision of the regulations, that its contravention constitutes an offence; (l.2) prescribing penalties, incl uding imprisonment, in respect of offences created under clause (l.1);

(4) Section 25 is amended (

a) by repealing subsection (2)(c); (

b) by adding the following after subsection (4):

(4.1) The Minister may cancel or suspend a timber disposition or timber quota where the holder of the timber disposition or timber quota is indebted to the Crown.

(5) Section 50 is amended by striking out “$1000” and substituting “$5000”.

(6) Sections 53 to 57 are repealed and the following is substituted: 53(1) Where the Minister is of the opinion that a person has contravened a provision of this Act or the regulations, the Minister may, subject to the regulations, by notice in writing served on the person personally or by mail require that person to pay to the Government an administrative penalty in the amount set out in the notice for each contravention.

54 Explanatory Notes

(2) A person who contravenes a provision referred to in subsection (1) is liable for the administrative penalty for each day or part of a day on which the contravention occurs and continues.

(3) A person who pays an administrative penalty in respect of a contravention may not be charged under this Act with an offence in respect of that contravention.

(4) A notice under subsection (2) may not be issued more than 2 years after (

a) the date on which the contravention occurred, or (

b) the date on which evidence of the contravention first came to the attention of a forest officer, whichever occurs later. 54 A person who has been served with a notice of administrative penalty pursuant to

section 53 shall pay the amount of the penalty within 30 days from the date of service of the notice. 55 Subject to the right to appeal a notice of administrative penalty, where a person fails to pay an administrative penalty in accordance with the notice of administrative penalty and the regulations, the Minister may file a copy of the notice of administrative penalty with the clerk of the Court of Queen’s Bench and, on being filed, the notice has the same force and effect and may be enforced as if it were a judgment of the Court. 56 Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is guilty of the offence and is liable to the punishment provided for the offence, whether or not the corporation has been prosecuted for or convicted of the offence. 57 For the purposes of this Act,

an act or thing done or omitted to be done by a director, officer, official, employee or agent of a corporation in the course of that person’s employment or in the exercise of that person’s powers or the performance of that person’s duties is deemed also to be

an act or thing done or omitted to be done by the corporation. 58 Subject to the regulations, the Minister shall publish particulars of enforcement action taken under this Act.

55 Explanatory Notes 59 The Minister may make regulations (

a) respecting the publication of particulars of enforcement action for the purposes of

section 58 including, without limitation, what information must or may be published and the times at which and the manner in which it is to be published; (

b) respecting appeals from noti ces of administrative penalty issued under

section 53 including, without limitation, regulations respecting (

i) the composition and manner of appointment of the appeal body; (ii) the evidence to be considered by the appeal body and the factors that the appeal body is to consider in reaching its decision; (iii) the powers of the appeal body to confirm or reverse a notice of administrative penalty and to vary the amount of an administrative penalty; (iv) the procedure to be followed in the appeal and the procedure before the appeal body.

(7) This

section comes into force on Proclamation. 4(1) The Public Lands Act is amended by this section.

(2) Section 9 is amended by adding the following after clause (j): (j.1) respecting appeals from not ices of administrative penalty issued under

section 49 including, without limitation, regulations respecting (

i) the composition and manner of appointment of the appeal body; (ii) the evidence to be considered by the appeal body and the factors that the appeal body is to consider in reaching its decision; (iii) the powers of the appeal body to confirm or reverse a notice of administrative penalty and to vary the amount of an administrative penalty;

56 Explanatory Notes (iv) the procedure to be followed in the appeal and the procedure before the appeal body; (j.2) respecting the publication of particulars of enforcement action for the purposes of

section 50.4 including, without limitation, what information must or may be published and the times at which and the manner in which it is to be published;

(3) The following is added after

section 15: 15.1 The Minister may refuse to issue or renew a disposition where the applicant is indebted to the Crown.

(4) Section 26 is amended by adding the following after subsection (2):

(2.1) The Minister may cancel or suspend a disposition where the holder of the disposition is indebted to the Crown.

(5) Sections 48 to 50 are repealed and the following is substituted: 48(1) Where a person (

a) without proper legal aut hority makes use of public land, (

b) as a holder of a disposition or of an authorization under

section 20, without the consent of the Minister makes use of the public land that is the subject of the disposition or authorization for any purpose other than the purpose for which the disposition or authorization was granted, (

c) contravenes a term or c ondition of a disposition or of an authorization under

section 20, (

d) contravenes a decision or order made pursuant to regulations under

section 9(b.1) or (b.2), (

e) contravenes

section 62.1 or a regulation under that section, or (

f) fails to notify the Minister of a transfer, redemption or allotment of shares to which

section 114.1(4) applies, the Minister may require the person to pay to the Government an administrative penalty in an amount prescribed by the Minister.

57 Explanatory Notes

(2) The amount of an administrative penalty in a case referred to in subsection (1)(

c) may not exceed $5000. 49(1) Where the Minister requires a person to pay an administrative penalty under this Act, the Minister shall serve on the person personally or by mail a notice of administrative penalty demanding payment of the penalty within 30 days of the date of service of the notice.

(2) The notice of administrative penalty must state the grounds on which the penalty was assessed. 50 A person is liable for an administrative penalty for each day or part of a day on which the contravention occurs and continues, and where this Act prescribes the maximum amount of an administrative penalty, the maximum is the maximum for each day or part of a day on which the contravention occurs and continues. 50.1 A person who pays an administrative penalty in respect of a contravention may not be charged under this Act with an offence in respect of that contravention. 50.2 A notice of administrative penalty may not be issued more than 2 years after the later of (

a) the date on which the contravention to which the notice relates occurred, or (

b) the date on which evidence of the contravention first came to the notice of the Minister. 50.3 Subject to the right to appeal a notice of administrative penalty, where a person fails to pay an administrative penalty in accordance with the notice of administrative penalty and the regulations, the Minister may file a copy of the notice of administrative penalty with the clerk of the Court of Queen’s Bench and, on being filed, the notice has the same force and effect and may be enforced as if it were a judgment of the Court. 50.4 Subject to the regulations, the Minister shall publish particulars of enforcement action taken under this Act.

(6) The following is added before

section 55: 54.1 Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the

58 Explanatory Notes commission of the offence is guilty of the offence and is liable to the punishment provided for the offence, whether or not the corporation has been prosecuted for or convicted of the offence. 54.2 For the purposes of this Act,

an act or thing done or omitted to be done by a director, officer, official, employee or agent of a corporation in the course of employment or in the exercise of powers or the performance of duties is deemed also to be

an act or thing done or omitted to be done by the corporation.

(7) This

section comes into force on Proclamation. 4(1) The Administrative Penalties and Related Matters Statutes Amendment Act, 2002 is amended by this section.

(2) Section 4(5) is amended by repealing the new

section 48(1) and substituting the following: 48(1) Where a person (

a) without proper legal aut hority makes use of public land, (

b) as a holder of a disposition or of an authorization under

section 20, without the consent of the Minister makes use of the public land that is the subject of the disposition or authorization for any purpose other than the purpose for which the disposition or authorization was granted, (

c) contravenes a term or c ondition of a disposition or of an authorization under

section 20, (

d) contravenes a decision or order made pursuant to regulations under

section 9(b.1) or (b.2), (

e) contravenes

section 62.1 or a regulation under that section, or (

f) fails to notify the Minister of a transfer, redemption or allotment of shares to which

section 114.1(4) applies, the Minister may require the person to pay to the Government an administrative penalty in an amount prescribed by the Minister.

59 Amends RSA 2000 cA-7 69(1) The Agricultural Operation Practices Act is amended by this section.

(2) Section 1(a.1) is amended by striking out “or” at the end of subclause (i), adding “or” at the end of subclause (ii) and adding the following after subclause (ii): (iii) land described in an ALSA regional plan, or in a conservation easement, conservation directive or TDC scheme as those terms are defined in the Alberta Land Stewardship Act, that is protected, conserved or enhanced as agricultural land or land for agricultural purposes;

(3) Section 20 is amended by adding the following after subsection (9):

(10) Despite anything in this section, in considering an application for an approval or an amendment of an approval, an approval officer must act in accordance with, and ensure that the application complies with, any applicable ALSA regional plan.

(4) Section 22 is amended by adding the following after subsection (8):

(9) Despite anything in this section, in considering an application for a registration or an amendment to a registration, an approval officer must act in accordance with, and ensure that the application complies with, any applicable ALSA regional plan.

(5) Section 44(1) is amended by adding the following after clause (b): (b.1) respecting compliance with and the enforcement of ALSA regional plans;

59 Explanatory Notes 69 Amends

chapter A-7 of the Revised Statutes of Alberta. Sections 1, 20, 22 and 44 presently read in part: 1 In this Act, (a.1) “agricultural land” means (

i) land the use of which for agr iculture is either a permitted or discretionary use under the land use bylaw of the municipality or Metis settlement in which the land is situated or is permitted pursuant to

section 643 of the Municipal Government Act, or (ii) land that is subject to an approval, registration or authorization; 20(1) In considering an application for an approval or an amendment of an approval, an approval officer must consider whether the applicant meets the requirements of this Part and the regulations and whether the application is consistent with the municipal development plan land use provisions, and if in the opinion of the approval officer, (

a) the requirements are not met or there is an inconsistency with the municipal development plan land use provisions, the approval officer must deny the application, or (

b) there is no inconsistency with the municipal development plan land use provisions and the requirements are met or a variance may be granted under

section 17 and compliance with the variance meets the requirements of the regulations, the approval officer (

i) must consider matters that would normally be considered if a development permit were being issued, (ii) may make, or require th e applicant to make, inquiries and investigations and prepare studies and reports, (iii) must give directly affected parties a reasonable opportunity to review the information relevant to the application that is submitted to the approval officer and a reasonable opportunity to furnish evidence and written submissions relevant to the application,

60 Explanatory Notes (iv) may hold meetings and other proceedings with respect to the applications, (

v) may provide or facilita te mediation among directly affected parties, (vi) must consider the e ffects the proposed approval or amended approval may have on natural resources administered by ministries, (vii) must consider the following if available when the application for approval is considered: any applicable statement of concern submitted under

section 73 of the Environmental Protection and Enhancement Act or under

section 109 of the Water Act and any written decision of the Environmental Appeals Board or the Director under the Water Act in respect of the subject-matter of the approval, (viii) may consider any evidence that was before the Environmental Appeals Board or the Director under the Water Act in relation to the written decision referred to in subclause (vii), and (ix) must consider the effect s on the environment, the economy and the community and the appropriate use of land.

(1.1) In considering under subsection (1) whether an application is consistent with the municipal development plan land use provisions, an approval officer shall not consider any provisions respecting tests or conditions related to the construction of or the site for a confined feeding operation or manure storage facility nor any provisions respecting the application of manure, composting materials or compost.

(1.2) In considering whether an application for an amendment to an approval meets the requirements of the regulations, an approval officer (

a) shall not consider whether the existing buildings and structures meet the requirements of the regulations unless in the opinion of the approval officer the existing buildings and structures may cause a risk to the environment, but (

b) must consider whether the proposed expansion or alteration of an existing building or structure or any proposed new

61 Explanatory Notes building or structure meets the requirements of the regulations.

(2) A Director under the Environmental Protection and Enhancement Act and the Director under the Water Act may disclose the statements of concern referred to in subsection (1)(b)(vii) to an approval officer and the approval officer may use the information in the statements of concern for the purposes of this Part.

(3) The approval officer may, under subsection (1)(b), (

a) deny the application, or (

b) grant an approval or an amendment of an approval and impose terms and conditions on the approval or amendment including the terms and conditions that a municipality could impose if the municipality were issuing a development permit.

(4) The approval officer must provide a written copy of the decision under subsection (1)(

a) or (3) to the directly affected parties and the persons and organizations who were determined, under

section 19, not to be directly affected parties.

(5) A directly affected party may, within 10 working days of receipt of the decision under subsection (4), apply to the Board in accordance with the regulations for a review of the decision.

(6) A person or organization that was determined under

section 19 not to be a directly affected party may, with written reasons, (

a) within 10 working days of receipt of the decision under subsection (4), apply to the Board, with written reasons, for a review of whether the person or organization is a directly affected party, and (

b) apply to the Board, in acco rdance with the regulations, for a review of the decision under subsection (4).

(7) An applicant under subsection (6)(

a) must provide, on the request of the Board, further information relevant to the application.

(8) The Board must notify the applicant under subsection (6)(

a) in writing of the Board’s determination whether the applicant is a directly affected party.

62 Explanatory Notes

(9) If a person is determined under subsection (8) to be a directly affected party, the Board must consider the person’s application, if any, for a review of the decision under subsection (5). 22(1) In considering an application for a registration or an amendment of a registration, the approval officer must determine whether the applicant meets the requirements of this Part and the regulations and whether the application is inconsistent with the municipal development plan land use provisions, and if, in the opinion of the approval officer, (

a) the requirements are not met or there is an inconsistency with the municipal development plan land use provisions, the approval officer must deny the application, or (

b) the requirements are met and there is no inconsistency with the municipal development plan land use provisions, the approval officer may grant a registration or an amendment of a registration and may impose terms and conditions on the registration or amendment, including the terms and conditions that a municipality could impose if the municipality were issuing a development permit.

(2) In considering an application for an authorization or an amendment of an authorization, the approval officer must determine whether there is an inconsistency with the municipal development plan land use provisions and determine whether the applicant meets the requirements of this Part and the regulations and if, in the opinion of the approval officer, (

a) there is an inconsistency or the requirements are not met, the approval officer must deny the application, or (

b) there is no inconsistency with the municipal development plan land use provisions and the requirements are met, or a variance may be granted under

section 17 and compliance with the variance meets the requirements of the regulations, the approval officer may grant an authorization or an amendment of an authorization, may include a variance and may impose terms and conditions on the authorization or amendment including the terms and conditions that a municipality could impose if the municipality were issuing a development permit.

(2.1) In considering, under subsection (1) or (2), whether an application is consistent with the municipal development plan land

63 Explanatory Notes use provisions, an approval officer shall not consider any provisions respecting tests or conditions related to the construction of or the site for a confined feeding operation or manure storage facility nor any provisions respecting the application of manure, composting materials or compost.

(2.2) In considering whether an application for an amendment to a registration or authorization meets the requirements of the regulations, an approval officer (

a) shall not consider whether the existing buildings and structures meet the requirements of the regulations unless in the opinion of the approval officer the existing buildings and structures may cause a risk to the environment, but (

b) must consider whether the proposed expansion or alteration of an existing building or structure or any proposed new building or structure meets the requirements of the regulations.

(3) The approval officer must provide a written copy of a decision under subsection (1) or (2) to the directly affected parties.

(3.1) The approval officer must provide a written copy of a decision under subsection (1) or (2) to the affected persons described in

section 21(3).

(4) A directly affected party may, within 10 working days of receipt under subsection (3), of a copy of a decision, apply to the Board, in accordance with the regulations, for a review of the decision.

(5) An affected person who was determined under

section 21(5) not to be a directly affected party may, with written reasons, (

a) within 10 working days of receipt of the decision under subsection (3.1), apply to the Board for a review of whether the affected person is a directly affected party, and (

b) apply to the Board, in acco rdance with the regulations, for a review of the decision under subsection (1) or (2).

(6) An applicant under subsection (5)(

a) must provide further information relevant to the application on the request of the Board.

(7) The Board must determine whether an applicant under subsection (5) is a directly affected party and notify the applicant in writing of the Board’s determination.

64 Amends RSA 2000 cA-8 70(1) The Agricultural Pests Act is amended by this section.

(2) Section 21 is amended by adding the following after clause (q): (

r) respecting compliance with and enforcement of ALSA regional plans. Amends SA 2007 cA-37.2 71(1) The Alberta Utilities Commission Act is amended by this section.

(2) The following is added after

section 8: ALSA regional plans 8.1 In carrying out its powers, duties and functions under this Act and other enactments, the Commission shall act in accordance with any applicable ALSA regional plan.

(3) Section 23(1) is amended by striking out “and” at the end of clause (a), by adding “and” at the end of clause (

b) and by adding the following after clause (b): (

c) to comply with a provision of an ALSA regional plan.

64 Explanatory Notes

(8) If an applicant is determined under this

section to be a directly affected party, the Board must consider the applicant’s application under subsection (5)(b), if any, for a review of the decision. 44(1) The Lieutenant Governor in Council may make regulations (

a) respecting whether the c onstruction or expansion of a confined feeding operation requires an approval or registration; (

b) respecting whether the construction, expansion or modification of a manure storage facility requires an authorization; (

c) determining which persons and municipalities are affected persons for the purposes of

Part 2. 70 Amends

chapter A-8 of the Revised Statutes of Alberta

Section 21 presently reads in part: 21 The Minister may make regulations (

q) governing, prohibiting or rest ricting the use of any poison, insecticide, compound, device, vehicle, control technique or equipment for the purposes of this Act and the regulations. 71 Amends

chapter A-37.1 of the Statutes of Alberta, 2007. Adds provisions dealing with compliance with regional plans under the Alberta Land Stewardship Act. Sections 23 and 76 presently read in part: 23(1) The Commission may order any person (

a) to do any act, matter or thing, forthwith or within or at a specified time and in any manner directed by the Commission, that the person is or may be required to do under this Act or any other enactment or pursuant to any decision, order or rule of the Commission, and (

b) to cease doing any act, matter or thing, forthwith or within or at a specified time, that is in contravention of this Act or any other enactment or any decision, order or rule of the Commission.

65 (4)

Section 76(1) is amended by striking out “and” at the end of clause (g), adding “and” at the end of clause (

h) and adding the following after clause (h): (

i) respecting compliance with and enforcement of ALSA regional plans. Amends RSA 2000 cC-17 72(1) The Coal Conservation Act is amended by this section.

(2) Section 9(1) is amended by adding the following after clause (u): (

v) respecting compliance with and enforcement of ALSA regional plans.

65 Explanatory Notes 76(1) The Commission may make rules governing any matter or person within its jurisdiction, including (

a) the procedures and pro cesses applicable to locating, building, constructing and operating facilities or infrastructure over which the Commission has jurisdiction, (

b) when and how sufficient notice is given where the Commission receives an application relating to the development of facilities or infrastructure, (

c) appropriate levels, amounts or other criteria that may be used to determine when abbreviated needs identification documents for transmission facility projects will be used under the Electric Utilities Act and associated regulations under that Act, (

d) the procedures and proce sses for establishing terms and conditions of service and rates of water utilities, (

e) rules of practice governing the Commission’s procedure and hearings, (

f) any matter necessary for the administration of the system of administrative penalties under

section 63, (

g) the requirements that must be met by an applicant to satisfy the Commission under

section 9(3)(

b) that a hearing is not necessary, and (

h) respecting the costs of an investigation under

section 66. 72 Amends

chapter C-17 of the Revised Statutes of Alberta 2000.

Section 9(1) presently reads in part: 9(1) The Lieutenant Governor in Council may make regulations (

u) generally, prescribing meas ures to conserve coal or to prevent its waste or improvident disposition, and stipulating any other provisions reasonably incidental to the efficient development of mines, mine sites and coal processing plants, and to production from them.

66 Amends SA 2003 cE-5.1 73(1) The Electric Utilities Act is amended by this section.

(2) The following is added after

section 16: ALSA regional plans 16.1 In carrying out its mandate under this Act and other enactments, the Independent System Operator must act in accordance with any applicable ALSA regional plan. Amends RSA 2000 cE-10 74(1) The Energy Resources Conservation Act is amended by this section.

(2) The following is added after

section 3: ALSA regional plans 3.1 In carrying out its mandate under this Act and other enactments, the Board must act in accordance with any applicable ALSA regional plan.

(3) The following is added after

section 16: Order to comply with ALSA regional plans 16.1(1) The Board may, in making an order that it is authorized to make under this Act or other enactments, direct a person who is the subject of the order to comply with a provision of an ALSA regional plan.

(2) The Board may enforce a direction under subsection (1) by any means provided for by this Act or any other enactment providing for the enforcement of Board orders.

(4) Section 51 is repealed and the following is substituted: Lieutenant Governor in Council regulations 51 The Lieutenant Governor in Council may make regulations (

a) prohibiting the delegation of any powers, duties and functions of the Board under

section 14; (

b) respecting compliance with and enforcement of ALSA regional plans.

66 Explanatory Notes 73 Amends

chapter E-5.1 of the Statutes of Alberta, 2003. Adds

section dealing with compliance with regional plans under the Alberta Land Stewardship Act. 74 Amends

chapter E-10 of the Revised Statutes of Alberta 2000. Adds sections dealing with compliance with regional plans under the Alberta Land Stewardship Act and authorizing the Board to direct a person to comply with an ALSA regional plan.

Section 51 presently reads: 51 The Lieutenant Governor in Council may make regulations prohibiting the delegation of any powers, duties and functions of the Board under

section 14.

67 Amends RSA 2000 cE-12 75(1) The Environmental Protection and Enhancement Act is amended by this section.

(2) The following is added after

section 3: ALSA regional plans 3.1 Where the Minister or a Director is empowered or directed to take any action under this Act, the Minister or the Director, as the case requires, must act in accordance with any applicable ALSA regional plan.

(3) Section 22 is repealed.

(4) Section 23 is repealed and the following is substituted: Registration of agreements 23(1) An agreement referred to in

section 21 may be registered (

a) under the Land Titles Act with the Registrar of Land Titles, or (

b) under the regulations under the Metis Settlements Act with the Registrar of the Metis Settlements Land Registry in accordance with any General Council Policy made under

section 222 of the Metis Settlements Act.

(2) When an agreement referred to in

section 21 is presented for registration, the Registrar shall endorse a memorandum of the agreement on the certificate of title to the land that is the subject of the agreement.

(3) If an agreement referred to in

section 21 is modified or is terminated, one of the parties to the agreement shall register a copy of the document effecting the modification or termination with the appropriate Registrar, and the Registrar shall endorse a memorandum on the certificate of title to the land noting the modification or discharging the registration, as the case may be.

(4) If an agreement referred to in

section 21 expires, one of the parties to the agreement shall notify the appropriate Registrar and the Registrar shall endorse a memorandum on the certificate of title to the land discharging the registration.

67 Explanatory Notes 75 Amends

chapter E-12 of the Revised Statutes of Alberta 2000.

Section added dealing with compliance with regional plans under the Alberta Land Stewardship Act. Sections 22, 23 and 24 presently read: 22(1) In this

section and in sections 23 and 24, (a) “biological diversity” me ans the variability among living organisms and the ecological complexes of which they are a part, and includes diversity within and between species and ecosystems; (b) “conservation easement” me ans a conservation easement granted under this section; (c) “grantee” means the recipient of a conservation easement, and includes a successor, assignee, executor, administrator, receiver, receiver-manager, liquidator and trustee of the grantee; (d) “grantor” means the person who grants a conservation easement, and includes a successor, assignee, executor, administrator, receiver, receiver-manager, liquidator and trustee of the grantor; (e) “qualified organization” means (

i) the Government, (ii) a Government agency, (iii) a local authority, or (iv) a body corporate that (

A) has as one of its objects the acquisition and holding of interests in land for purposes that are substantially the same as any of the purposes listed in subsection (2), (

B) has in its constating inst rument a requirement that, on or in contemplation of the winding-up of the body corporate, all conservation easements that the body corporate holds are to be transferred to another qualified organization, and

(5) Section 24 is repealed and the following is substituted: Effect of registration 24(1) An agreement referred to in

section 21 that is registered under

section 23 runs with the land and may be enforced whether it is positive or negative in nature and notwithstanding that the person wishing to enforce the agreement does not have an interest in any land that would be accommodated or benefitted by the agreement.

(2) Section 21 applies notwithstanding

section 48 of the Land Titles Act.

(3) This

section is, with respect to patented land as defined in

section 1(1)(

c) of the Metis Settlements Land Protection Act, subject to any General Council Policy made under

section 222 of the Metis Settlements Act.

68 Explanatory Notes (

C) is a registered charity within the meaning of the Income Tax Act (Canada).

(2) A registered owner of land may by way of agreement grant to a qualified organization a conservation easement in respect of all or part of the land for one or more of the following purposes: (

a) the protection, conservation and enhancement of the environment, including, without limitation, the protection, conservation and enhancement of biological diversity; (

b) the protection, conservation and enhancement of natural scenic or esthetic values; (

c) providing for any or all of th e following uses of the land that are consistent with purposes set out in clause (

a) or (b): (

i) recreational use; (ii) open space use; (iii) environmental education use; (iv) use for research and sc ientific studies of natural ecosystems.

(3) A conservation easement may be enforced by (

a) the grantee, or (

b) a qualified organization, other than the grantee, that the grantor has designated in writing as having the power to enforce the conservation easement, or by both the grantee and the qualified organization.

(4) A grantor may not designate more than one qualified organization under subsection (3)(

b) at the same time.

(5) A grantee may assign a conservation easement to another qualified organization.

(6) A grantee who assigns a conservation easement shall forthwith notify the grantor of that fact.

(7) An agreement granting a conservation easement may be modified or terminated

69 Explanatory Notes (

a) by agreement between the grantor and the grantee, or (

b) by order of the Minister, wh ether or not the Minister is a grantor or grantee, if the Minister considers that it is in the public interest to modify or terminate the agreement.

(8) A conservation easement constitutes an interest in land in the grantee.

(9) A conservation easement does not lapse by reason only of (

a) non-enforcement of it, (

b) the use of the land that is the subject of the conservation easement for a purpose that is inconsistent with the purposes of the conservation easement, or (

c) a change in the use of land that surrounds or is adjacent to the land that is the subject of the conservation easement. 23(1) An agreement referred to in

section 21 or 22 may be registered (

a) under the Land Titles Act with the Registrar of Land Titles, or (

b) under the regulations under th e Metis Settlements Act with the Registrar of the Metis Settlements Land Registry.

(2) A person intending to register an agreement referred to in

section 22 shall give prior notice of the registration in accordance with the regulations to (

a) the Minister responsible fo r the Municipal Government Act, where the land that is the subject of the conservation easement is located in an improvement district, (

b) the Special Areas Board, where the land that is the subject of the conservation easement is located in a special area, or (

c) the local authority of the municipality in which the land that is the subject of the conservation easement is located, in any other case.

(3) When an agreement referred to in

section 21 or 22 is presented for registration, the Registrar shall endorse a memorandum of the

70 Amends RSA 2000 cF-22 76(1) The Forests Act is amended by this section.

(2) Section 1 is amended (

a) by adding the following after clause (c): (c.1) “director” means, except in sections 66 and 67, a person designated as a director under

section 2.1; (

b) by repealing clauses (

f) and (g); (

c) in clause (

n) by adding “or volume” after “area”.

70 Explanatory Notes agreement on the certificate of title to the land that is the subject of the agreement.

(4) If an agreement referred to in

section 21 or 22 is modified or is terminated, one of the parties to the agreement, or the Minister in the case of a modification or termination under

section 22(7)(b), shall register a copy of the document effecting the modification or termination with the appropriate Registrar, and the Registrar shall endorse a memorandum on the certificate of title to the land noting the modification or discharging the registration, as the case may be.

(5) If an agreement referred to in

section 21 or 22 expires, one of the parties to the agreement shall notify the appropriate Registrar and the Registrar shall endorse a memorandum on the certificate of title to the land discharging the registration. 24(1) An agreement referred to in

section 21 that is registered under

section 23 and a conservation easement in an agreement that is registered under

section 23 run with the land and may be enforced whether they are positive or negative in nature and notwithstanding that the person wishing to enforce the agreement or conservation easement does not have an interest in any land that would be accommodated or benefitted by the agreement or conservation easement.

(2) Subject to subsection (3), sections 21 to 23 apply notwithstanding

section 48 of the Land Titles Act.

(3) A conservation easement granted under

section 22 is deemed to be a condition or covenant for the purpose of

section 48(4) and (6) of the Land Titles Act. 76 Amends

chapter F-22 of the Revised Statutes of Alberta 2000. Provisions added dealing with designation of directors, incorporation of documents, compliance with regional plans under the Alberta Land Stewardship Act, enforcement powers and appeal procedures. Sections 1, 3, 4, 6, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, 31, 39, 40, 43 and 44 and Parts 3 and 4 presently read in part: 1 In this Act, (c) “Crown timber” means timbe r grown on public land, except timber harvested pursuant to a timber disposition;

(3) The following is added after

section 2: Designation of directors 2.1(1) The Minister may by order designate any person as a director for the purposes of all or part of this Act and the regulations.

(2) The Minister may, with respect to any director, and a director may, with respect to that director personally, designate any person as an acting director to act in the director’s place in the event of the director’s absence or inability to act.

(3) A designation under this

section may direct that the authority conferred by the designation is to be exercised subject to any terms and conditions prescribed in the designation, including limitations on the scope of the designation.

(4) Section 3 is amended by striking out “and” at the end of clause (

b) and adding the following after clause (c): (

d) members of a police service other than the Royal Canadian Mounted Police whom the director may instruct in writing to act in respect of this Act and the regulations, (

e) a peace officer under the Peace Officer Act authorized by the peace officer’s appointment under that Act to enforce all or part of this Act and the regulations, and (

f) officers appointed under

section 5 of the Public Lands Act.

(5) Section 4(

l) is repealed and the following is substituted: (

l) prescribing contraventions of an ALSA regional plan, this Act or the regulations in respect of which an administrative penalty may be imposed; (l.1) prescribing the form and contents of notices of administrative penalties for the purposes of

section 60; (l.2) prescribing the amounts, or respecting the manner of determining the amounts, of administrative penalties that may be imposed under

section 59; (l.3) respecting any other matter necessary for the administration of the system of administrative penalties;

71 Explanatory Notes (f) “forest recreation area” means an area of forest land declared by the regulations to be a forest recreation area; (g) “forest recreation trail” means an area of forest land declared by the regulations to be a forest recreation trail; (n) “timber quota” means a s hare of the allowable cut of coniferous timber within a forest management unit and may also include an allocation by area of deciduous timber within a forest management unit. 3 The following individuals are forest officers by virtue of their appointments to the offices respectively referred to, namely individuals appointed as (

a) members of the Royal Canadian Mounted Police, (

b) conservation officers, under

section 1 of

Schedule 3.1 to the Government Organization Act, and (

c) wildlife officers, under secti on 1.1(1) of the Wildlife Act. 4 The Lieutenant Governor in Council may make regulations (

l) prescribing penalties for contra ventions of the provisions of this Act or the regulations; (

m) respecting any other matter necessary or advisable to carry out effectively the intent and purposes of this Act. 6 If the member of the Executive Council charged with the administration of the Public Lands Act

Document details

Collection	Alberta — Bills
Citation	L27 S2 757
Type	bill
Volume / chapter	L27 S2 757
Language	en
Format	json
Source	PROVINCIAL
Identifier	6379754bd2c501bfaba38efb1f99124dee6d6de1

Source file is stored in the law ingest library (json).